Agenda - 09/24/2007
CITY OF WOODBURN
CITY COUNCIL AGENDA
SEPTEMBER 24,2007 - 6:30 P.M.
KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCilOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK lONERGAN, COUNCILOR WARD V
EUDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
, . CALL TO ORDER
2. ROLL CALL
3. EXECUTIVE SESSION
A. To consult with counsel concerning the legal rights and duties of
a public body with regard to current litigation or litigation likely
to be filed pursuant to ORS 192.660 (2)(h).
B. To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (2) (f).
4. FLAG SALUTE
5. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
6. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
7. COMMITTEE REPORTS
A. Chamber of Commerce
"Habra jnterpretes lljsponjbles para aquellas personas que no hablan Ingles, previo acuerllo. Comuniquese
al (503) 980-2485-"
September 24, 2007
Council Agenda
Page i
8. COMMUNICATIONS
None.
9. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
10. CONSENT AGENDA -Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of September 10,2007, regular 1
and executive session
Recommended Action: Approve the minutes.
B Woodburn Planning Commission draft minutes of September 13, 11
2007
Recommended Action: Accept the draft minutes.
C. Claims for August 2007 16
Recommended Action: Receive the report.
D. Community Services Department Statistics for August 2007 22
Recommended Action: Receive the report.
E. Planning Project Tracking Sheet 23
Recommended Action: Receive the report.
F. Procedure on Proposed Oregon LNG Pipeline 26
Recommended Action: Receive the report.
G. Fall Leaf Collection Program 27
Recommended Action: Receive the report.
11. TABLED BUSINESS
A. Tree Removal, 217 N. Second Street
Recommended Action: Remove the item from the table for
consideration and decision as General Business Item 11 A.
12. PUBLIC HEARINGS
None.
September 24, 2007
Council Agenda
Page ii
13. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Tree Removal, 217 N. Second Street 30
Recommended Action: Uphold staff's denial of the request to
remove two poplar trees located at 217 N. Second Street.
B. Liquor License Change of Ownership - Limited On-Premises 34
Sales
Recommended Action: Recommend a change of ownership
application for Mugsy's Bagels.
C. Oregon Department of Human Services Grant Agreement 37
Recommended Action: Authorize the City Administrator to
enter into a Grant Agreement from the Oregon Department of
Human Services.
D. Legion Park Access to Woodburn Police Facility Improvement 65
Recommended Action: Award construction contract to the
lowest responsible bidder, Rinker Materials, for street
improvements for Legion Park Access in the amount of
$116,153.15.
14. NEW BUSINESS
15. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
A. Planning Commission's Approval of Design Review 2007-02, 67
located at 395 Shenandoah Lane (Kerr Construction)
16. CITY ADMINISTRATOR'S REPORT
17. MAYOR AND COUNCIL REPORTS
18. ADJOURNMENT
September 24, 2007
Council Agenda
Page iii
lOA
COUNCIL MEETING MINUTES
SEPTEMBER 10, 2007
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 10, 2007.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0015 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell,
Acting Public Works Director Rohman, Community Development Director Allen,
Community Services Director Row, City Recorder Tennant
0028 ANNOUNCEMENTS.
A) Woodburn Public Library has resumed their Sunday hours of operation from 1 :00
pm until 5:00 pm.
B) Celebration of Mexican Independence (September 16) will be held on September
15 and 16, 2007 at the Downtown Plaza. Events include a parade, family and cultural
activities, mariachis, food, games, and prizes. Activities will be held from 10:00 am until
9:00 pm on both days with the main event, Celebration of Grito, at 5:00 pm on September
16th. Mayor Figley urged the public to attend and participate in this annual event.
C) Recreation and Park Board Meeting for September has been rescheduled to
September 18,2007, 7:00 p.m., in the Council Chambers.
0055 APPOINTMENT TO LIBRARY BOARD.
Mayor Figley appointed Caitlin Brown to serve as the Student Member of the Library
Board with her term to expire on August 31, 2008.
NICHOLS/MCCALLUM... accept the appointment of Caitlin Brown to the Library
Board. The motion passed unanimously.
Mayor Figley stated that she is still looking for a Student Member to serve on the
Recreation and Park Board and will be working with School Principals to assist in
obtaining names of high school seniors who may be interested in being a member of this
Board.
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0092 CHAMBER OF COMMERCE REPORT.
Walt Blomberg, representing the Chamber of Commerce, stated that the Visitor's Center
located at Woodburn Company Stores had 2,500 visitors during the month of August
2007. To date, the Center has had over 13,000 visitors since the first of the year and they
are quickly approaching last year's total of 20,000 visitors.
He announced that the Greeter's Program is again being held on Friday mornings with
this Friday's program being held at Chemeketa Community College at 7:30 a.m.. On
September 191h, the Chamber will host a forum luncheon at Country Meadows Village at
12:00 noon with guest speaker being Britt Benson Steele from Wellspring Medical Center
on the topic "Stress in the Workplace". Lastly, the Crystal Apple Awards will be held on
November 2,2007 with West Coast Bank being a Platinum Sponsor along with a number
of other businesses sponsoring this event. It is an annual event honoring nominees from
all of the surrounding area school districts including St. Luke's and MacLaren.
0149 WOODBURN SCHOOL DISTRICT REPORT.
Walt Blomberg, School Superintendent, stated that the School District has over 60 new
teachers this year and they have started a Mentor Program in which 20 mentors will begin
working with the new teachers. The District has also adopted a new Science Program this
year at the middle school level which integrates English language literacy in with the
science curriculum as a way of building writing and reading skills as they learn science.
At the high school, the district has set-up a centralized reception area in the main foyer so
that everyone who comes to the high school will have a central place to go to regardless
of the school they want to reach. Lastly, a brand new District website will be up and
running on October 1, 2007 which will be displayed in two languages with work taking
place on including a third language.
0209 LETTER FROM OREGON ECONOMIC AND COMMUNITY DEVELOPMENT
DEP ARTMENT - COMMUNITY DEVELOPMENT BLOCK GRANT
APPROV AL.
The City has been awarded a Community Development Block Grant in the amount of
$300,000 to be used toward Downtown Revitalization with contract documents to be
submitted to the City in the near future for review and contract execution.
0225 LETTER FROM U.S. DEPARTMENT OF JUSTICE - WEED AND SEED GRANT
APPROV AL.
The City has also been awarded a Weed and Seed Grant from the federal Office of Justice
Programs. This grant will provide up to $1 million over a five year period with $175,000
available for this year.
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0230 E-MAIL FROM DON BUTLER - W. Hayes Street.
Mayor Figley stated that following receipt of the e-mail, Administrator Brown has
responded to Mr. Butler regarding status of West Hayes Street / Settlemier Avenue
intersection improvements.
0274 CONSENT AGENDA.
A) approve Council regular and executive session minutes of August 13,2007;
B) accept the Recreation and Park Board draft minutes of August 14,2007;
C) accept the Special Planning Commission draft minutes of August 30, 2007;
D) accept the Planning Project Tracking Sheet dated September 6, 2007;
E) receive the Building Activity Report for August 2007;
F) receive the Community Services Department Statistics report for July 2007;
G) receive the Code Enforcement Statistics report for July and August 2007; and
H) receive the Police Department Statistics report for July and August 2007.
NICHOLS/SIFUENTEZ... adopt the Consent Agenda as presented. The motion passed
unanimously.
0307 TABLED BUSINESS - ORDINANCE UPDATING AND REVISING THE
PROCEDURES RELATED TO TREES WITHIN THE CITY OF WOODBURN.
REPEALING ORDINANCE 1908. AND SETTING AN EFFECTIVE DATE.
COX/MCCALLUM... proposed tree ordinance be removed from the table and put under
General Business Item llA. The motion passed unanimously.
0328 COUNCIL BILL NO. 2678 - ORDINANCE UPDATING AND REVISING THE
PROCEDURES RELATED TO TREES WITHIN THE CITY OF WOODBURN.
REPEALING ORDINANCE NO. 1908. AND SETTING AN EFFECTIVE DATE
(Second Readin~).
This bill was introduced at the last meeting, and after having two readings, was tabled
until this meeting. Following a brief discussion, it was determined that the bill should
have two readings at this meeting since the bill has been substantially amended since the
time it was previously read.
Recorder Tennant read the two readings of the bill by title only since there were no
objections from the Council.
Councilor Bjelland questioned if a certified arborist needs to be on-site when a tree is
removed, pruned, or treated.
Administrator Brown stated that a certified arborist or someone working with or for a
certified arborist would be doing the pruning. The intention is that someone who knows
what they are doing would be pruning the street or park trees. The certified arborist
would not necessarily be on-site but if the arborist has an employee working for them,
they would have given the employee instructions as to the proper methods to prune the
tree.
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Councilor Cox stated that some landscapers are not certified arborists and, once an
arborist report has been submitted and a permit granted, it may be difficult to make sure
that the arborist instructs the person doing the work on proper way to prune the specific
tree or trees.
Administrator Brown stated that there is a wide spectrum of contractors in the area that
have the Arborist certification.
Acting Director Rohman stated that contractors used by the City for any tree removal or
pruning has Certified Arborist on staff who then provide direction to the crew.
Councilor McCallum stated that pruning is of some concern since some of the trees
previously pruned had not been done with the idea of making it a better tree rather it has
been to protect an overhead investment (utility lines).
Councilor Lonergan questioned if a homeowner could remove and/or prune a tree
damaged from a storm.
Acting Director Rohman stated that the City will normally take care of street trees
damaged by a storm.
Councilor Lonergan questioned if there was a time frame in which a tree would need to
be replaced.
Acting Director Rohman stated that the tree will need to be replaced in a timely manner,
however, staffwill be looking at the time of the year and other conditions in which to
determine when it will need to be replaced.
Administrator Brown stated that there is some permissiveness in this proposed ordinance
since there may be other issues as to the location of a new tree in the right-of-way rather
than replacement at the same location. He recommended that the Public Works Director
be given the authority to set a time frame for the replacement.
City Attomey Shields stated that proposed ordinance does set an effective date of
November 1, 2007 thereby giving the Public Works Department sufficient time to obtain
the necessary forms to comply with the permit process.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill No. 2678 duly passed.
0634 MILL CREEK GREENWAY GRANT AGREEMENT.
The Oregon Parks and Recreation Department awarded the City with a $210,000 grant to
be used toward Phase I of the Mill Creek Greenway project which involves construction
of a trail system, benches, trash receptacles, and replacement of the playground at
Hermanson Park I. The project design work will begin this fall and construction
beginning in the spring or early summer of 2008.
BJELLANDIMCCALLUM... authorize the City Administrator to enter into a Local
Government Grant Agreement with the Oregon Parks and Recreation Department for the
Mill Creek Greenway, Phase I, project. The motion passed unanimously.
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0643 OLCC LIOUOR LICENSE CHANGE OF OWNERSHIP - GROCERY OUTLET.
1575 MT. HOOD AVENUE.
Staff recommended approval of a liquor license change of ownership application
submitted by Shannon Browning DBA: Grocery Outlet of Woodburn for an Off-Premises
Sales license.
COXILONERGAN... recommend to OLCC approval of a transfer of ownership liquor
license application for Grocery Outlet. On roll call vote, the motion passed 5-1 with
Councilor Nichols voting nay.
0670 ACCEPTANCE OF PUBLIC RIGHTS OF WAY - INDUSTRIAL WELDING
SUPPL Y (610 N. Pacific Hi~hway and 1475 Aztec Drivel.
Staff recommended acceptance of the public rights of way being conveyed to the City by
Industrial Welding Supply as a condition of approval of Design Review Case No. 05-14.
The additional 11 foot width of land will provide a 60 foot right-of-way on Aztec Drive
adjacent to the property owned by Industrial Welding Supply Inc..
BJELLAND/SIFUENTEZ...accept the public rights of way as described on Attachments
"A" and "B" in the agenda packet. The motion passed unanimously.
0685 REMOVAL OF TWO TREES AT 217 N. SECOND STREET.
NICHOLSIMCCALLUM.... uphold staffs denial of the request to remove two poplar
trees located at 217 N. Second Street.
Councilor Cox stated that this is an incident whereby the property owner has hired an
arborist and the arborist report indicates that the trees should be removed. On the other
hand, staff is recommending that the trees not be removed since they are healthy. He
stated that the trees are overgrown and, according to the arborist report, the trees are
unstable because much ofthe root system is under asphalt and/or concrete. He
questioned staff as to why they did not follow the arborist's recommendation in this case.
Acting Public Works Director Rohman stated that the arborist did say in the report that
the tree was healthy, however, due to the location and the size ofthe trees, there was
some potential for the trees to fall since roots are under the street and sidewalk. The
hazard is greater in the winter months but the trees do lose their leaves in the winter
thereby taking away some of the risks of failure.
Councilor Cox questioned ifthis request was brought before the Council since it is a
proposed denial or if it was brought before the Council as part of an appeal process.
Administrator Brown stated that the property owner disagrees with the staffs
recommendation to deny and the owner has a right to address the Council before a final
decision is made.
Councilor Lonergan stated that he used to own this house a couple of property owners
before Mr. Ashland.
Tom Ashland, property owner, stated that he has been in landscaping for many years
which includes mitigation of trees. He stated that the two Poplar trees were topped 40 or
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50 years ago, therefore, the trees have 20 or 30 central ears coming out of the main part of
the tree. Those central ears are the main hazard in that they are more likely to break and
cause damage. The longer the trees are allowed to stand, the more hazardous the
condition since those central ears will be unable to withstand much more weight. If
allowed to remove these trees, he would be replacing them with approved street trees and
he requested that the Council think about how those replacement trees will look in that
area after 20 years.
Councilor Cox stated that poplar trees are not on the approved list of trees to be planted in
the right of way since this type of tree has some problem with being brittle and having
evasive roots.
Councilor Lonergan stated that these trees do provide a lot of shade and beauty along
Montgomery Street, however, he has seen large branches fall over the years. A wind
storm came through the area yesterday and there were at least 45 branches that came off
the tree. When an arborist report indicates that the trees are potentially dangerous, then
consideration should be given for tree removal.
Mr. Ashland stated that his plan is to remove the two trees and replace them with
approved street trees and to put root barrier along the street and sidewalk so that the new
trees do not have a similar problem. Additionally, they would plant two more trees along
Second Street. If allowed to remove the trees this fall, they would then poison the tree
stumps since poplar trees do not naturally die and roots sprout up in the surrounding area.
A few months later, they will grind out the stumps and plant new trees within the right
of way. In any event, he would like to do corrective pruning in the hopes that the trees
would be more stable but his preference is to remove the trees and replace them with
approved street trees since the poplar trees are a potential hazard.
Councilor Nichols stated that he would withdraw his second if Councilor McCallum
wanted to withdraw his motion.
Councilor McCallum stated that he did not want to withdraw his motion since the word
used is 'potential' which could be applied to any tree within the City and he is more
interested in the possibility of saving the trees.
Mr. Ashland stated that these are not normal trees because they were cut in half many
years ago and the cutting previously made is the worse thing that can be done to a tree
even though in the 1970's and 1980's it was thought to be the best thing that could be
done to a tree. These trees will never be a stable tree because there is no central leader in
the tree and the weight on the limbs will eventually cause those limbs to break.
Councilor Cox stated that these trees are approaching the end of their life span and when
they get brittle and begin to rot, tree limbs will drop and create a hazardous situation.
It was noted that Mr. Ashland had obtained his own arborist report, however, the arborist
report in the agenda packet was from the arborist the City hired to evaluate the trees.
Councilor Lonergan stated that when his family moved to the home next door to the
property being discussed in 1959 those trees were fully established at that time.
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1152 On roll call vote on the motion to uphold the staffs denial of the request to remove the
two popular trees, the motion failed 1-5 with Councilor McCallum voting aye.
Councilor Cox stated that he would like to see a copy of the arborist report obtained by
Mr. Ashland in addition to having a little time to view the trees so that he would feel
more confident on making a decision on this issue.
COX/NICHOLS... table this issue for two weeks and, in the meantime, obtain the other
arborist report and view the trees. The motion passed unanimously.
1215 OREGON LIOUEFIED NATURAL GAS (LNG) PIPELINE PROJECT-
RESPONSE TO ENVIRONMENTAL IMPACT STATEMENT.
BJELLAND/COX.... authorize Mayor Figley to sign a letter to respond to the Federal
Energy Regulatory Commission regarding the potential impacts of locating a 30- to 36-
inch diameter natural gas pipeline within the Woodburn Urban Growth Boundary.
Councilor McCallum suggested that copies of the letter be sent to our State Senator, State
Representative, U.S. Senate representatives, and Congressional representative Hooley.
Councilor Cox expressed concern on how this proposed project is being presented to
affected landowners.
Administrator Brown stated that staff has been keeping close watch on this proposed
project since there is far too much at stake.
City Attorney Shields also stated that staffwi11 look at what procedures or legal actions
can be taken to intervene in that proceeding.
The motion passed unanimously.
1318 LEAGUE OF OREGON CITIES CONFERENCE BUSINESS MEETING.
BJELLAND/NICHOLS... appoint Councilor Sifuentez as the voting delegate to
represent Woodburn at the League of Oregon Cities annual business meeting. The
motion passed unanimously.
1329 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTION.
A) Planning Commission's Approval of Variance 2007-02, Design Review 2007-07,
and Street Exception 2007-06, located at 2655 and 2665 Progress Way (Fleetwood
Homes) - Allows Fleetwood Homes to display and sell manufactured homes on a portion
of their property.
No action was taken by the Council to bring this matter up for review.
1352 CITY ADMINISTRATOR'S REPORT.
A) Administrator Brown stated that all of the recruitment brochures for an Assistant City
Administrator have been sent out and advertisements have been placed in a variety of
locations. As of today, he has already received 11 applications for the position and is
hopeful that there will be a large number of applicants to select from. The closing date
for this recruitment is October 15,2007.
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B) In regards to a limited recruitment for a consulting firm to help with the re-advertising
process for a new Public Works Director, he had sent out a Request for Proposal to eight
firms but only two responded. Either one of these firms could do the work proposed,
however, he was interested in contracting with a firm that had done a number of Public
Works Director recruitments within the last three years since they may have a good base
of potential applicants on file. Both firms turned in at least a dozen recruitments with one
having a lot more experience in doing recruitments over the years. However, the price
difference between the two firms were significant. He has been in contact with both
firms and the lowest proposal, which includes all costs, is approximately $10, 000 and the
other proposal is approximately $17,500. He is in the process of completing reference
checks and requested Council authorization to hire one of these two firms with a not to
exceed contract amount of $17,500 with the hope that he is able to enter into a contract
with the firm that has proposed the lesser amount.
COXIMCCALLUM... authorize the City Administrator to enter into a contract with one
ofthese two firms in an amount not to exceed $17,500. The motion passed unanimously.
C) Administrator Brown stated that earlier in this meeting several staff members were
thanked for their work on the Weed and Seed project, however, one individual
overlooked was Recreation Services Manager Steve Patterson. He stated that Mr.
Patterson has also accepted a position with another agency and will be leaving the City's
employment at the end of September.
1550 MAYOR AND COUNCIL REPORTS.
Mayor Figley thanked all of the staff members, neighbors, and volunteers who worked on
the North Front Street Playground project last Saturday. This was a very positive and fun
event with Steve Patterson and Jim Row were instrumental in their efforts for organizing
this construction project and all oftheir hard labor on the day of the event. She stated that
neighborhood children also participated by shoveling bark chips down the pile for
volunteers to spread around the new site and was impressed with the work ethic those
children displayed.
Councilor McCallum stated that the property owned by ODOT near the interchange often
times looks like a used car lot. He questioned if ODOT is monitoring the activity at the
lot and, if not, can the City send them a letter to let them know about the number of
vehicles parked on the property.
Chief Russell stated that he will see if there is a law that would apply regarding offering
vehicles for sale adjacent to a City street even though it is a State Highway. Inmate work
crews have done some work out there to keep the lot clean and staff will see what can be
done to restrict vehicle sales on the property.
Councilor Bjelland acknowledged the Mayor, City Administrator, Betty Komp, and
several other members from our community for attending the MW ACT meeting last
week. MW ACT was asked to make a recommendation on how to deal with the apparent
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cost overrun on the Stayton-Sublimity interchange project and the consensus was to fund
the project as designed and to pull money from other projects to pay for the cost overrun.
After an extensive discussion, it was the consensus ofMW ACT to recommend that funds
be pulled from three projects one of which was the Woodburn interchange project.
Additionally, it was the consensus ofMW ACT to backfill these projects with future
MW ACT funds. There was also consensus to petition the Oregon Transportation
Commission to look elsewhere for funds to make-up the shortfall but, given the fact that
this is an MW ACT project that has an overrun in addition to two other significant Oregon
Transportation projects that are having funding difficulties let alone concerns about the
federal government cutting back some of the money that Oregon had planned to receive
from them, there is no extra money available. It would take an act of the State legislature
or Congress to add money into the STIP process.
1891 Councilor Sifuentez invited the public to Cascade Park for an Open House to celebrate
their 26th year in the Woodburn community. The event will be held on September 2pt
from 12:00 noon until 4:00 pm and activities will include tours and food.
1921 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the authority
ofORS 192.660(2)(i).
NICHOLS/MCCALLUM... adjourn into executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
The meeting adjourned to executive session at 8:05 p.m. and reconvened at 9: 17 p.m..
1932 Mayor Figley stated that no action was taken by the Council while in executive session,
1949 ADJOURNMENT.
MCCALLUM/LONERGAN... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9: 18 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 9 - Council Meeting Minutes, September 10, 2007
9
Executive Session
COUNCIL MEETING MINUTES
September 10, 2007
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, SEPTEMBER 10, 2007.
CONVENED. The Council met in executive session at 8: 10 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Attorney Shields (8:53 pm - 9: 16 pm), City Recorder Tennant
Mayor Figley reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
The executive session was called pursuant to ORS 192.660(2)(i) to review and evaluate, pursuant to
standards, criteria and policy directives adopted by the governing body, the employment-related
performance of the chief executive officer of any public body, a public officer, employee or staff
member unless the person whose performance is being reviewed and evaluated requests an open
hearing.
ADJOURNMENT .
The executive session adjourned at 9: 16 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Executive Session, Council Meeting Minutes, September 10, 2007
10
lOB
WOODBURN PLANNING COMMISSION MEETING MINUTE$;"
September 13, 2007 ,,,"
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~~,
CONVENED The Planning Commission met in a regular session Cl,:QOp.iTt.tn City Hall
Council Chambers with Vice-Chairperson Bandelow presidin~, ."., ;;j~".,}m;;;1t>"
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Vice-Chairperson Bandelow questioned members of the Planning Com, .'" mission having. potential
conflicts such as family, financial, or business relationship wittf y 6f the applicants Or With ,
regard to the project in question. If such a potential conflict EiJhe asked whether the ,c'
commissioner in question believes he or she is without aqtu~)as or whether he or she woulcJ
like to step down from the Planning Commission during the:~e. Ther~, were none.
. '~.
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at the back "the room. We will
the agEiJ We will follow the
~:' persons wishing to speak
. Any individuals,
MINUTES
Lima
Bandelow
GrosJacquEt'
Vancil
Grigorieff
tchison
ings
~salute of the flag.
Vice-Chairperson Bandelow announced: agenda is avail
consider cases one at a time according to the order list "
hearing procedure outlined on the public hearing pro".
are requested to come to the podium and give their ncf'
speaking from other than the podium will not be recogniz
Vice-Chairperson Bandelow invited Commissioner JenninQs to
y:':<:U+'+
ROLL CALL
~"}f
" <Tf
. iv
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
,.' 'it
. "'L>?\
'~. ')'1
Development DI(~ctor
te Planner')'?
liVe Int
A. Woodburn ommission Meatin Minutes of Au ust 30 2007.
CommissionerJ~h{)lh$l~.rpoved to accept the minutes. Commissioner Griaorieff
secondecl the motion, whi,cnunanimously carried.
BUSINESS FROtJITHE AUDIENCE!
None.
COMMUNICATIONS
None.
Commissioner Vancil arrived at 7: 10 pm to join the Planning Commission meeting.
Planning Commission Meeting September 13, 2007
11
Page 1 of 5
PUBLIC HEARING
A. Design Review 2007-02, Kerr Construction, Inc.
395 Shenandoah Lane
Community Development Director Allen read the apPlicable9~S.
iji' ,
'7 '>
Vice-Chairperson Bandelow asked if anyone had a conflip{, exparte C()ntact, or challenge.
,;/
~ffr~P9Jf, which was completed
.' "d!'
, ;;.,;~:i\ti"~~b"
The property is located at 395 Shenandoah Lane and found tt\~""ari()n'C?unty Tax Assessor's
Map 051W05C tax lot #01000. The packet does include a map, bl:.twe.~I'lPtlabeled Exhibit "A"
and is referenced in the report. ' ,
Design Review (Type III) review to construct a 6,250sqvare footst.'oUilding
with a wash rack. The proposed building would be'~ed for the storageqf"'!~!irt.,
construction materials (signs, pipe, barriers, a tirial for constructiofl~tha('~'h",
are currently stored in containers on the prope "':ii'
i'
Community Development Director Allen proceeded Withtfl
September 6, 2007 meeting the statutory requirement.
,_. ....-,
The proposal is a design review to Cqn$~Gt ~ 6,2~~,'~~U~ref~t ~teel building with a wash rack
included. The proposed building will be; Useq for storagEH::ons' terial such as signs,
pipes, barriers and materials for constr'uctjon;which is CtJn:~, ,i'in containers on the
property. The staff report does include theappU~ble grrt,' ,'a ,; 0 the application.
Communi
ition of Approval #4, which addresses
'al storage area entry and widening the
n of Approval #5, which consists of
."e of the new industrial storage area.
hce and storage yard is gravel drive.
Community Development Director Allen discuss~' '
the access drive from Sh~flan~qah Lane to the ffid
width to 26 feet wit~ nq'~rklng~\i addressedC
paving at the mini 'idtfl.,' et of the ac '
The existing driv ' e parkl t is paved. Ma..,
The loading sp st be pay
Vice-Chai
wash area on Exhibit "A" is the section on the left.
"f
-,,<: :G:: ,:;.1" .... - . '~
Director Allen - yes, the wash area is at the west end the structure.
,;;:,v
Community Development Oi;$'Ctor Allen was now available to answer questions from the
PlanningCQrflmission. ',:
Vice-Chair'Person Bandelow invitecj..the applicant for testimony.
Travis Norby, applicant Kerr Contractors, Inc. 395 Shenandoah Lane, Woodburn, OR 97071,
applicant. Norby stated that Kerr Contractors, Inc. had built a retaining wall to help support the
aCGess way and the road measures 25 feet. The driveway has a shoulder on both sides, but is
not paved. Conditional of Approval #10 pertains to the parking required with the building and the
loading space. Norby stated that currently 40 parking spaces exist on the property for the size of
the shop and small office. There would be no need to pave the gravel due to no additional
parking needed. Addressing Condition of Approval #5 with regards to paving, it would be difficult
to maintain the area paved due to the size of tracked vehicles entering that specific area.
Currently, signs exist and depict directional for parking areas.
Planning Commission Meeting September 13, 2007
12
Page 2 of 5
"^
Vice-Chairperson Bandelow asked about the parking spaces required and the 'ent parking
area.
Norby - showed in a diagram the amount of parking that currently exi$ts !)nq
spaces for the wash area. " "/;/e,,,
,u"'",,~;J;/ . "", ;.+,
Vice-Chairperson Bandelow asked staff about the additional requirEt4iparking and rn~~n9tt,1~
Woodburn Development Ordinance requirements. " .' . .. ^, ,;"',*..
',' 'h
,
'~/'
'at a reduction on the driveway width would
'per the Woodburn Development Ordinance.
Vice-Chair . ~rson Bari . tnq . ed about the process, if submitting a variance application
attach~ to the current applicati
.u.. ~
the applicant!) utl~sues with paving the additional ~ foot on
.~-~;/
;;'";~'"
Community Development Director Allen stated the staff repo
on the application. That area wasn't evaluated because iM^'
If the applicant had submitted the information for thata~ '
considered. If the applicant desires other areas to b~'~
standards those areas would also need to comply
Vice-Chairperson Bandelow stated that the Planning C
parking because it wasn't submitted in the application.
Norby - stated that the two (2) additional parking spaces to be p~~ .
anything other than tracked vehicles.
Community Development Director Anen5t~t~;th~t,tt1e CO
be paved as well as the two (2) requiredpavedparkir1g $
ot be used for
Tim Kerr, Kerr Contractors, Inc., property
feasible for the type of business on the pro
,~/i.., ,.~.
pavin~rt e access way was not
Kerr stated tha
effectively wiq
require the t
ess road curre uses an over fill of water. In order to
eet the 26' req~ ed access width, the project would
W ei~.fevel.
. ~",;",
Community Development Director ArrEm stated that the issue will be addressed with the current
application submitte<:fot-with the future project proposed with a variance application. The
previous Woodburn Dev~lopment Ordinance stated that the maximum width was 26 feet for the
Commercial zoned areas.and minimum 24 feet in a Residential area.
Commissioner Vancil asked about an expedient way to comply with the WDO and not require
the applicant to add the paving on the access way.
Community Development Director Allen any type of land use application that would grant a
waiver from paving the access way would require a variance application and reviewed by the
Planning Commission as a part of the project.
Planning Commission Meeting September 13, 2007
13
Page 3 of 5
'.l
,.jf
..::~j
The submittal of a variance would rectify the situation. An optiC>f\,to the situation would;
Zoning Adjustment application, when submitted with other applicptions, does come before the
Planning Commission. Another option would be to grant theappfoval with the conditions of'
approval, with the modifications, or submit a Modificatiop of COnditions,
> ~ .,4 ,',',0:<,
if ,,),..
,,( ':1'
Vice-Chairperson Bandelow invited proponents of the app"cation. Nol'1
, ;')~t.
Vice-Chairperson Bandelow invited opponents of theapptl6ation..
*~
~f
Community Development Director Allen stated that the staff report included
provision requiring: All officials, departments, employees (including contr~
City vested with authority to issue permits or grant approvals shall adhere
conformance with the WOO, and shall issue no permit or grant approv
use which violates or fails to comply with conditions or standards im.
WOO. [Reference: WOO Section 1.101.04.]
Community Development Director Allen~tatedthat the provisions fot'theZopjhg Adjustment do
not address the drive access width, buta:ce,application would be the. option. The
Grandfather clause is not an option b, ttleusee~~>~~n ~ntinue as it were previous
to Woodburn Development Ordinance; entherel&'~!G~~oget()the land use the applicant
would need to comply with the currentsta~d~ds. . ":, .
Vice-Chairperson Bandelow left the hearing open for further
Commission, staff and the applicant.
: ; "J~'
-,-~:}-
';"'7'
~rt date of the project.
Vice-Chairperson Bandelow asked about tf:1epr~pos
~ 'f ".
Kerr stated that currenU
and the current proj
application materi '.
wings from architects for the future project
ted clarification of the variance
lien stated that th variance application would be for the 26
eb h~fequired parking spaces and it can be part
Q'roves the final order as is and the applicant
w under the same ordinance. The other option
tion or leave the hearing open for a continuance in order to
e proposal presented at the Planning Commission meeting.
Vice-Chairperson Bandelow closed the hearing.
COmmissioner Jennings made a motion to approve Design Review 2007-02 with conditions of
~pproval, seconded by Commissioner Griaorieff, motion passed.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grigorieff
Hutchison
Jennings
yes
yes
yes
yes
yes
Planning Commission Meeting September 13, 2007
14
Page 4 of 5
ITEMS FOR ACTION
Commissioner JenninQs made a motion to approve the Final Order for Design Review 2007-02
with conditions of approval, seconded by Commissioner Hutchison, motio.npas~
~ ' .
DISCUSSION ITEMS
Commissioner Vancil stated that the Woodburn Development Oreinance needs to berevle:We
in the future with regards to paving areas, storage areas, etc."",,? .' ,
";:;<i.:i~'
Community Development Director Allen commented that the pesign issues are more
;,'".,.:.,:"" ,.\
discretionary for the Planning Commission, but streets an . riveways are straight forward.
:..j
"'.
,p
/'
A.
Planning Tracking Sheet. No comments made.
~jl
""','1-
;;(
REPORTS
B. Building Report for August 2007. No comments made.
C. Planning Activity Report for AUQtJ$t24 through September 7, 2007.
Community Development Director Allen
Sam Gollah.
"it ::.~;:.)" (,.
, ,
Community Development Director Alfen:s~te4
21, 2007 for the Welkin Engineering p~j~,
et$will ,be available on September
"., ',) ^
d and:~~~e~t~dt~e new associate planner,
.;:~)F
i
V
e meeting, Commissioner Grieoorieff
rried. Meeting adjourned at 8:25 pm.
APP~OVED '
9l..AUDI() llMA,CHAIHPERSON
Date
ATTEST
Jim Allen
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting September 13, 2007
15
Page 5 of 5
WOODBURN LIVE
DATE 9/14/07
TIME 10,20,29
CHECK # CHECK DATE PAYEE NAME
C I T Y 0 F WOO D BUR N
STATUS
CHECK REGISTER
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
PAGE
AP0460
VEEOT
============================================================================================~=======================================
DIFFERENCE
I-l
0\
BANK ACCOUNT, AP A/P Accounts Payable
89755 8/31/2007 MIKE ARAIZA
89756 8/31/2007 A.C. GILBERT DISCOVERY VI
89757 8/03/2007 ACE CHEMICAL TOILETS
89758 8/03/2007 ALEXIN ANALYTICAL LAB INC
89759 8/03/2007 ALLIED WASTE SERVICES #45
89760 8/03/2007 ANIXTER INC
89761 8/03/2007 ARAMARK UNIFORM SERVICE I
89762 8/03/2007 ASSOCIATED BUSINESS SYSTE
89763 8/03/2007 ATHLETIC REPAIR SERVICE I
89764 8/03/2007 BATTERIES WHOLESALE
89765 8/03/2007 BI.MART CORPORATION
89766 8/03/2007 BLACKSTONE AUDIOBOOKS
89767 8/03/2007 BLUMENTHAL UNIFORM & EQUI
89768 8/03/2007 BOLDT, CARLISLE & SMITH L
89769 8/03/2007 BRODART CO
89770 8/03/2007 CANBY TELECOM
89771 8/03/2007 CDW GOVERNMENT INC
89772 8/03/2007 CENTER POINT LARGE PRINT
89773 8/03/2007 CHERRY CITY ELECTRIC INC
89774 8/03/2007 COLUMBIA ANALYTICAL SERV
89775 8/03/2007 DAILY JOURNAL OF COMMERCE
89776 8/03/2007 DAVID TORGESON
89777 8/03/2007 DELL MARKETING LP
89778 8/03/2007 DIRECT LABOR INC
89779 8/03/2007 EVAN THOMAS
89780 8/03/2007 FISHER'S SUPPLY INC
89781 8/03/2007 GRAINGER INC
89782 8/03/2007 INGRAM DIST GROUP
89783 8/03/2007 ISOLUTIONS CONSULTING INC
89784 8/03/2007 JACK RAWLINGS
89785 8/03/2007 JET HEATING INC
89786 8/03/2007 KERR CONTRACTORS INC
89787 8/03/2007 MOORE IACOGANO GOLTSMAN
89788 8/03/2007 NEW WORLD SYSTEMS
89789 8/03/2007 NORTHWEST BIOSOLIDS MGMT
89790 8/03/2007 NORTHWEST NATURAL GAS
89791 8/03/2007 OFFICE DEPOT
89792 8/03/2007 PARKER NORTHWEST PAVING
89793 8/03/2007 PAUL'S POWER EQUIPMENT &
89794 8/03/2007 PORTLAND GENERAL ELECTRIC
89795 8/03/2007 QWEST
89796 8/03/2007 ALL AMERICAN SPORTS CORP
89797 8/03/2007 ROD'S HANDYMAN SERVICE IN
89798 8/03/2007 S.O.S. LOCK SERVICE
89799 8/03/2007 CRYSTAL AND SIERRA SPRING
89801 8/03/2007 SPRINT
89802 8/03/2007 THOMSON GALE
89803 8/03/2007 THREE SON'S CONCRETE
89804 8/03/2007 U.S. BANK
89805 8/03/2007 USA SECURITY
89806 8/03/2007 VWR INTERNATIONAL INC
89807 8/03/2007 WILLAMETTE BROADBAND
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
250.00
157.50
193.50
140.00
808.25
4,253.82
209.15
17.19
2,354.01
175.20
86.25
110.32
195.97
1,475.00
399.10
19.95
1,631.23
35.94
155.00
308.00
271.63
25.92
32,233.30
3,132.00
195.00
615.00
213.14
318.32
625.00
150.05
849.71
81,894.75
1,808.01
2,000.00
275.00
629.32
196.51
121,282.00
383 . 94
34,563.31
790.00
3,599.92
605.00
3.00
172 .12
71.99
156.48
3,370.00
1,129.28
74.85
113.91
317.23
250.00
157.50
193.50
140.00
808.25
4,253.82
209.15
17.19
2,354.01
175.20
86.25
11 0 . 32
195.97
1,475.00
399.10
19.95
1,631.23
35.94
155.00
308.00
271.63
25.92
32,233.30
3,132.00
195.00
615.00
213.14
318.32
625.00
150.05
849.71
81,894.75
1,808.01
2,000.00
275.00
629.32
196.51
121,282.00
383.94
34,563.31
790.00
3,599.92
605.00
3.00
172.12
71.99
156.48
3,370.00
1,129.28
74.85
113.91
317.23
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
t-ool
o
()
WOODBURN LIVE C I T Y o F WOO D B URN PAGE Z
DATE 9/14/07 AP0460
TIME 10,ZO,Z9 CHECK REGISTER VEEOT
CHECK # CHECK DATE PAYEE NAME STATUS STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
~~~=================================================================================================================================
89808 8/03/Z007 WILLAMETTE VALLEY SECURIT RECONCILED 9/10/Z007 YES 59.85 59.85 .00
89809 8/03/Z007 WOODBURN YOUTH FOOTBALL A RECONCILED 9/10/Z007 YES 3,017.50 3,017.50 .00
89810 8/03/Z007 XEROX CORPORATION RECONCILED 9/10/Z007 YES Z85.44 Z85.44 .00
89811 8/03/Z007 YES GRAPHICS RECONCILED 9/10/Z007 YES 437.50 437.50 .00
8981Z 8/03/Z007 ZEPHYR BROWN RECONCILED 9/10/Z007 YES 150.00 150.00 .00
89813 8/03/Z007 3M WBA5874 RECONCILED 9/10/Z007 YES 1,051.91 1,051.91 .00
89814 8/31/Z007 HOTEL PONTCHARTRAIN RECONCILED 9/10/Z007 YES 460.00 460.00 .00
89815 8/31/Z007 OREGON COAST AQUARIUM RECONCILED 9/10/Z007 YES 34 7.50 347.50 .00
89816 8/31/2007 VALLEY MAILING SERVICE IN RECONCILED 9/10/Z007 YES 658.80 658.80 .00
89817 8/10/2007 AKULINA KARPOVA SKOROHODO RECONCILED 9/10/Z007 YES 60.00 60.00 .00
89818 8/10/Z007 ALLIED WASTE SERVICES #45 RECONCILED 9/10/Z007 YES 1,Z80.35 1,280.35 .00
89819 8/10/Z007 AMAZON.COM CREDIT RECONCILED 9/10/Z007 YES 442.72 442.72 .00
89820 8/10/2007 ANIXTER INC RECONCILED 9/10/Z007 YES 1,756.51 1,756.51 .00
89821 8/10/Z007 APSCO INC RECONCILED 9/10/Z007 YES 1,605.52 1,605.52 .00
898Z2 8/10/2007 ARAMARK UNIFORM SERVICE I RECONCILED 9/10/2007 YES 102.62 102.62 .00
89823 8/10/2007 ARCH WIRELESS RECONCILED 9/10/Z007 YES 122.23 122.23 .00
89824 8/10/2007 AT & T RECONCILED 9/10/2007 YES 30.17 30.17 .00
89825 8/10/Z007 BOONES FERRY ELECTRIC INC RECONCILED 9/10/2007 YES 992.87 992.87 .00
89826 8/10/2007 BRODART CO RECONCILED 9/10/2007 YES 1,Z77.76 1,277.76 .00
89827 8/10/2007 CITY OF CANBY RECONCILED 9/10/2007 YES 1,410.00 1,410.00 .00
898Z8 8/10/Z007 COOL TEMP RECONCILED 9/10/2007 YES 145.00 145.00 .00
89829 8/10/2007 D CERAMICS RECONCILED 9/10/2007 YES 79.00 79.00 .00
89830 8/10/2007 D CERAMICS RECONCILED 9/10/2007 YES 25.00 25.00 .00
89831 8/10/2007 DAILY JOURNAL OF COMMERCE RECONCILED 9/10/Z007 YES 334.60 334.60 .00
89832 8/10/2007 DATAVISION COMMUNICATIONS RECONCILED 9/10/2007 YES 149.04 149.04 .00
89833 8/10/2007 DEMCO INC RECONCILED 9/10/Z007 YES 632.99 632.99 .00
89834 8/10/2007 DHS HEALTH SERVICES RECONCILED 9/10/Z007 YES 70.00 70.00 .00
89835 8/10/Z007 DIRECT LABOR INC RECONCILED 9/10/2007 YES 1,740.00 1,740.00 .00
89836 8/10/Z007 EASY STREET ONLINE SERVICE RECONCILED 9/10/Z007 YES 168.00 168.00 .00
1-1 89837 8/10/Z007 ELR TRUCKING RECONCILED 9/10/2007 YES Z5.00 25.00 .00
..:a 89838 8/10/2007 FARMERS TOILET CO RECONCILED 9/10/Z007 YES 75.00 75.00 .00
89839 8/10/2007 FASTSIGNS RECONCILED 9/10/2007 YES 811.03 811.03 .00
89840 8/10/Z007 FEDERAL EXPRESS CORP RECONCILED 9/10/2007 YES 229.44 229.44 .00
89841 8/10/Z007 FIRST STUDENT INC RECONCILED 9/10/2007 YES 575.00 575.00 .00
89842 8/10/2007 FOOD SERVICES OF AMERICA RECONCILED 9/10/Z007 YES 349.61 349.61 .00
89843 8/10/2007 GENERAL ELECTRIC CAPITAL RECONCILED 9/10/Z007 YES 215.89 215.89 .00
89844 8/10/2007 GUILDCRAFT RECONCILED 9/10/2007 YES 56.55 56.55 .00
89845 8/10/Z007 G4 CONSULTING INC RECONCILED 9/10/Z007 YES 175.00 175.00 .00
89846 8/10/Z007 HD SUPPLY WATERWORKS LTD RECONCILED 9/10/Z007 YES 1,754.35 1,754.35 .00
89847 8/10/Z007 INDUSTRIAL MACHINING & FA RECONCILED 9/10/2007 YES Z,790.00 Z,790.00 .00
89848 8/10/Z007 INGRAM DIST GROUP RECONCILED 9/10/Z007 YES 844.86 844.86 .00
89849 8/10/Z007 ITT FLYGT CORPORATION RECONCILED 9/10/2007 YES 1,461.90 1,461.90 .00
89850 8/10/2007 J. THAYER COMPANY RECONCILED 9/10/2007 YES 956.57 956.57 .00
89851 8/10/Z007 JET HEATING INC RECONCILED 9/10/2007 YES 295.43 Z95.43 .00
89852 8/10/Z007 KATHY WARNER RECONCILED 9/10/Z007 YES 33.86 33.86 .00
89853 8/10/Z007 KNORR SYSTEMS INC RECONCILED 9/10/Z007 YES 252.33 252.33 .00
89854 8/10/Z007 LES SCHWAB TIRE CENTER RECONCILED 9/10/Z007 YES 282.92 282 . 92 .00
89855 8/10/Z007 LINCOLN EQUIPMENT CO RECONCILED 9/10/2007 YES 31.76 31.76 .00
89856 8/10/Z007 MARION COUNTY CLERK RECONCILED 9/10/2007 YES 48.Z5 48.25 .00
89857 8/10/Z007 MARS COMPANY RECONCILED 9/10/2007 YES 89.49 89.49 .00
89858 8/10/Z007 MOORE MEDICAL LLC RECONCILED 9/10/Z007 YES 153.14 153.14 .00
89859 8/10/Z007 NATASHA RYDER RECONCILED 9/10/Z007 YES 104.00 104.00 .00
89860 8/10/Z007 NEOPOST RECONCILED 9/10/Z007 YES 1,000.00 1,000.00 .00
WOODBURN LIVE C I T Y o F WOO D B URN PAGE
DATE 9/14/07 AP0460
TIME 10:20:29 CHECK REGISTER VEEOT
CHECK # CHECK DATE PAYEE NAME STATUS STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
========~======================~====================================================================================================
89861 8/10/2007 NET ASSETS CORPORATION RECONCILED 9/10/2007 YES 612.00 612.00 .00
89862 8/10/2007 NEXTEL COMMUNICATIONS RECONCILED 9/10/2007 YES 495.02 495.02 .00
89863 8/10/2007 NORTHWEST NATURAL GAS RECONCILED 9/10/2007 YES 2,668.64 2,668.64 .00
89864 8/10/2007 NURNBERG SCIENTIFIC RECONCILED 9/10/2007 YES 301.03 301.03 .00
89865 8/10/2007 OFFICE DEPOT RECONCILED 9/10/2007 YES 53.63 53.63 .00
89866 8/10/2007 OFFICE DEPOT RECONCILED 9/10/2007 YES 98.44 98.44 .00
89867 8/10/2007 OR DEPT OF MOTOR VEHICLE RECONCILED 9/10/2007 YES 26.00 26.00 .00
89868 8/10/2007 OR PLANNING INSTITUTE RECONCILED 9/10/2007 YES 160.00 160.00 .00
89870 8/10/2007 OREGON BOOKBINDING CO RECONCILED 9/10/2007 YES 70.00 70.00 .00
89871 8/10/2007 OREGON CITY TRAVEL RECONCILED 9/10/2007 YES 877.99 877.99 .00
89872 8/10/2007 ORIENTAL TRADING CO INC RECONCILED 9/10/2007 YES 23.91 23.91 .00
89873 8/10/2007 PETROCARD RECONCILED 9/10/2007 YES 5,361.41 5,361.41 .00
89874 8/10/2007 PORTLAND GENERAL ELECTRIC RECONCILED 9/10/2007 YES 46,758.08 46,758.08 .00
89875 8/10/2007 QWEST RECONCILED 9/10/2007 YES 1,975.44 1,975.44 .00
89876 8/10/2007 RADIX CORPORATION RECONCILED 9/10/2007 YES 204.00 204.00 .00
89877 8/10/2007 S&S WORLDWIDE INC RECONCILED 9/10/2007 YES 367.81 367.81 .00
89878 8/10/2007 SAFEWAY STORES RECONCILED 9/10/2007 YES 100.00 100.00 .00
89879 8/10/2007 SCHETKY NORTHWEST SALES RECONCILED 9/10/2007 YES 82.15 82.15 .00
89880 8/10/2007 SHELLY CHAPIN RECONCILED 9/10/2007 YES 50.00 50.00 .00
89881 8/10/2007 SHOWCASES RECONCILED 9/10/2007 YES 171.72 171.72 .00
89882 8/10/2007 SOIL MOISTURE EQUIPMENT C RECONCILED 9/10/2007 YES 372.64 372 . 64 .00
89883 8/10/2007 SONITROL RECONCILED 9/10/2007 YES 110.00 110.00 .00
89884 8/10/2007 SPORTS SUPPLY GROUP INC RECONCILED 9/10/2007 YES 147.40 147.40 .00
89885 8/10/2007 STATESMAN. JOURNAL NEWSPAP RECONCILED 9/10/2007 YES 19.20 19.20 .00
89886 8/10/2007 TESTAMERICA ANALYTICAL TE RECONCILED 9/10/2007 YES 1,221. 79 1,221.79 .00
89887 8/10/2007 TOM HEMPEL MFG RECONCILED 9/10/2007 YES 809.95 809.95 .00
89888 8/10/2007 UNITED STATES POSTAL SERV RECONCILED 9/10/2007 YES 1,000.00 1,000.00 .00
89889 8/10/2007 WATER GEAR INC RECONCILED 9/10/2007 YES 62.52 62.52 .00
89890 8/10/2007 WBN COMMUNITY ACCESS TV I RECONCILED 9/10/2007 YES 1,500.00 1,500.00 .00
t-A 89891 8/10/2007 WILLAMETTE VALLEY SECURIT RECONCILED 9/10/2007 YES 59.85 59.8S .00
GO 89892 8/10/2007 WILLAMETTE VALLEY SOCCER RECONCILED 9/10/2007 YES 500.00 500.00 .00
89893 8/10/2007 WOODBURN YOUTH FOOTBALL A RECONCILED 9/10/2007 YES 59.50 59.50 .00
89894 8/10/2007 XEROX CORPORATION RECONCILED 9/10/2007 YES 122.42 122.42 .00
89895 8/10/2007 YES GRAPHICS RECONCILED 9/10/2007 YES 116.90 116.90 .00
89896 8/10/2007 YES GRAPHICS RECONCILED 9/10/2007 YES 19.70 19.70 .00
89897 8/31/2007 SHAWNA J BINNING RECONCILED 9/10/2007 YES 557.17 557.17 .00
89898 8/31/2007 CONNIE D ZOLLNER RECONCILED 9/10/2007 YES 416.80 416.80 .00
89899 8/31/2007 STEVEN SLOAN RECONCILED 9/10/2007 YES 1,200.00 1,200.00 .00
89900 8/31/2007 DUANE BARRICK RECONCILED 9/10/2007 YES 400.00 400.00 .00
89901 8/31/2007 G. S. FRANK TIWARI RECONCILED 9/10/2007 YES 12,500.00 12,500.00 .00
89903 8/31/2007 WORLD FORESTRY CENTER RECONCILED 9/10/2007 YES 175.00 175.00 .00
89904 8/31/2007 VALLEY MAILING SERVICE IN RECONCILED 9/10/2007 YES 806.40 806.40 .00
89905 8/17/2007 ALEXIN ANALYTICAL LAB INC RECONCILED 9/10/2007 YES 444.00 444.00 .00
89906 8/17/2007 ALL OUT FIRE & SAFETY INC RECONCILED 9/10/2007 YES 1,067.35 1,067.35 .00
89907 8/17/2007 ANIXTER INC RECONCILED 9/10/2007 YES 107.49 107.49 .00
89908 8/17/2007 ARAMARK UNIFORM SERVICES RECONCILED 9/10/2007 YES 683.80 683.80 .00
89909 8/17/2007 ARAMARK UNIFORM SERVICE I RECONCILED 9/10/2007 YES 100.15 100.15 .00
89910 8/17/2007 AWARDS AND ATHLETICS RECONCILED 9/10/2007 YES 383.25 383.25 .00
89911 8/17/2007 BLUMENTHAL UNIFORM & EQUI RECONCILED 9/10/2007 YES 113.98 113.98 .00
89912 8/17/2007 BRENDA WILLIAMS RECONCILED 9/10/2007 YES 49.97 49.97 .00
89913 8/17/2007 CAPITAL PAINT & DECORATIN RECONCILED 9/10/2007 YES 234.99 234.99 .00
89914 8/17/2007 CARQUEST AUTO PARTS RECONCILED 9/10/2007 YES 37.19 37.19 .00
89915 8/17/2007 CDW GOVERNMENT INC RECONCILED 9/10/2007 YES 614.60 614.60 .00
WOODBURN LIVE C I T Y o F WOO D B URN PAGE 4
DATE 9/14/07 AP0460
TIME 10,20,29 CHECK REGISTER VEEOT
CHECK # CHECK DATE PAYEE NAME STATUS STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
====================================================================================================================================
89916 8/17/2007 CH2M-HILL INC RECONCILED 9/10/2007 YES 2,176.66 2,176.66 .00
89917 8/17/2007 CIS, CITY-CTY INS SERVS RECONCILED 9/10/2007 YES 2,133.20 2,133.20 .00
89919 8/17/2007 COLLEGIATE PACIFIC RECONCILED 9/10/2007 YES 326.99 326.99 .00
89920 8/17/2007 CONOCOPHILLIPS COMPANY RECONCILED 9/10/2007 YES 1,813.45 1,813.45 .00
89921 8/17/2007 COOKE STATIONERY COMPANY RECONCILED 9/10/2007 YES 268.14 268.14 .00
89922 8/17/2007 CRANE & MER SETH INC RECONCILED 9/10/2007 YES 4,597.45 4,597.45 .00
89923 8/17/2007 CUES RECONCILED 9/10/2007 YES 236.68 236.68 .00
89924 8/17/2007 DAVISON AUTO PARTS RECONCILED 9/10/2007 YES 103.45 103.45 .00
89925 8/17/2007 DELL MARKETING LP RECONCILED 9/10/2007 YES 7,438.98 7,438.98 .00
89926 8/17/2007 DELUXE BUSINESS CHECKS RECONCILED 9/10/2007 YES 993.14 993.14 .00
89927 8/17/2007 DEPT OF ENVIRONMENTAL QUA RECONCILED 9/10/2007 YES 954,580.00 954,580.00 .00
89928 8/17/2007 DOROTHY THARALSON RECONCILED 9/10/2007 YES 60.00 60.00 .00
89929 8/17/2007 EL HISPANIC NEWS RECONCILED 9/10/2007 YES 100.57 100.57 .00
89930 8/17/2007 ELENA E BOGDANOVICH PH .D RECONCILED 9/10/2007 YES 94.10 94.10 .00
89931 8/17/2007 ENGELMAN ELECTRIC INC RECONCILED 9/10/2007 YES 118.30 118.30 .00
89932 8/17/2007 ERNIE GRAHAM OIL INC RECONCILED 9/10/2007 YES 89.60 89.60 .00
89933 8/17/2007 FCS GROUP RECONCILED 9/10/2007 YES 80.00 80.00 .00
89934 8/17/2007 FIRST STUDENT INC RECONCILED 9/10/2007 YES 273.25 273.25 .00
89935 8/17/2007 G.K. MACHINE INC RECONCILED 9/10/2007 YES 19.84 19.84 .00
89936 8/17/2007 G.W. HARDWARE CENTER RECONCILED 9/10/2007 YES 4.29 4.29 .00
89937 8/17/2007 GRAINGER INC RECONCILED 9/10/2007 YES 70.61 70.61 .00
89939 8/17/2007 HARPER,HOUF,PETERSON,RIGH RECONCILED 9/10/2007 YES 9,327.00 9,327.00 .00
89940 8/17/2007 HARRINGTON INDUSTRIAL PLA RECONCILED 9/10/2007 YES 214.24 214.24 .00
89941 8/17/2007 HOFFMAN, HART & WAGNER LL RECONCILED 9/10/2007 YES 235.80 235.80 .00
89942 8/17/2007 HYDRO-TECH LANDSCAPE RECONCILED 9/10/2007 YES 2,200.00 2,200.00 .00
89943 8/17/2007 IKON OFFICE SOLUTIONS RECONCILED 9/10/2007 YES 491.25 491.25 .00
89944 8/17/2007 INDUSTRIAL SUPPLY CO RECONCILED 9/10/2007 YES 2,141.36 2,141.36 .00
89945 8/17/2007 INSIDE THE TAPE RECONCILED 9/10/2007 YES 250.00 250.00 .00
89946 8/17/2007 JULIE MOORE RECONCILED 9/10/2007 YES 84.79 84.79 .00
.... 89947 8/17/2007 KERR CONTRACTORS INC RECONCILED 9/10/2007 YES 4,310.25 4,310.25 .00
\0 89948 8/17/2007 KJM PROGRAM & CONSTRUCTIO RECONCILED 9/10/2007 YES 751.57 751.57 .00
89949 8/17/2007 LATIN AMERICAN CLUB RECONCILED 9/10/2007 YES 1,443.00 1,443.00 .00
89950 8/17/2007 LAWRENCE PARADIS RECONCILED 9/10/2007 YES 325.00 325.00 .00
89951 8/17/2007 LEAGUE OF OREGON CITIES RECONCILED 9/10/2007 YES 300.00 300.00 .00
89952 8/17/2007 LES SCHWAB TIRE CENTER RECONCILED 9/10/2007 YES 961.08 961.08 .00
89953 8/17/2007 LOWE'S TROPHY RECONCILED 9/10/2007 YES 21.00 21.00 .00
89954 8/17/2007 M & M AUTO WRECKING INC RECONCILED 9/10/2007 YES 85.50 85.50 .00
89955 8/17/2007 MCGUIRE BEARING CO RECONCILED 9/10/2007 YES 22.76 22.76 .00
89956 8/17/2007 MOORE MEDICAL LLC RECONCILED 9/10/2007 YES 62.70 62.70 .00
89957 8/17/2007 OFFICE DEPOT RECONCILED 9/10/2007 YES 445.18 445.18 .00
89958 8/17/2007 ONE CALL CONCEPTS INC RECONCILED 9/10/2007 YES 100.80 100.80 .00
89959 8/17/2007 OR DEPT OF ADMINISTRATIVE RECONCILED 9/10/2007 YES 1,625.28 1,625.28 .00
89961 8/17/2007 OR PLANNING INSTITUTE RECONCILED 9/10/2007 YES 280.00 280.00 .00
89962 8/17/2007 OR RECREATION & PARKS ASS RECONCILED 9/10/2007 YES 200.00 200.00 .00
89963 8/17/2007 OREGON CITY TRAVEL RECONCILED 9/10/2007 YES 583.60 583.60 .00
89964 8/17/2007 OREGON STATE LIBRARY RECONCILED 9/10/2007 YES 973.00 973.00 .00
89965 8/17/2007 PACIFIC SOFTWARE ASSOC RECONCILED 9/10/2007 YES 1,688.80 1,688.80 .00
89966 8/17/2007 PORTLAND GENERAL ELECTRIC RECONCILED 9/10/2007 YES 178.71 178.71 .00
89967 8/17/2007 PORTLAND GENERAL ELECTRIC RECONCILED 9/10/2007 YES 93.54 93.54 .00
89968 8/17/2007 PRIMA OREGON CHAPTER RECONCILED 9/10/2007 YES 195.00 195.00 .00
89969 8/17/2007 PUBLIC WORKS SUPPLY INC RECONCILED 9/10/2007 YES 110.00 110.00 .00
89970 8/17/2007 PUMP TECH SYSTEMS INC RECONCILED 9/10/2007 YES 73.35 73.35 .00
89971 8/17/2007 RADIO SHACK CORPORATION RECONCILED 9/10/2007 YES 27.98 27.98 .00
WOODBURN LIVE
DATE 9/14/07
TIME 10,20,29
CHECK # CHECK DATE PAYEE NAME
C I T Y 0 F WOO D BUR N
STATUS
CHECK REGISTER
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
PAGE
AP0460
VEEOT
5
==~==================~=========~====================================================================================================
DIFFERENCE
tI)
o
89972
89973
89974
89975
89977
89978
89980
89981
89983
89984
89985
89986
89987
89988
89989
89990
89992
89993
89994
89995
89996
89998
89999
90000
90001
90002
90003
90004
90005
90006
90007
90008
90010
90011
90013
90014
90015
90016
90017
90019
90020
90021
90022
90023
90024
90025
90026
90027
90028
90030
90032
90033
90035
8/17/2007 S&S WORLDWIDE INC
8/17/2007 SILVERFLEET SYSTEMS
8/17/2007 SILVERTON HOSPITAL
8/17/2007 SPIRIDON RACE MANAGEMENT
8/17/2007 STRODE'S REFRIGERATION &
8/17/2007 T-MOBILE
8/17/2007 TEK SYSTEMS INC
8/17/2007 VALLEY TRANSMISSION CENTE
8/17/2007 WEST GROUP PAYMENT CTR
8/17/2007 WESTERN BUS SALES INC
8/17/2007 WESTERN TOOL SUPPLY
8/17/2007 WOLFERS HEATING & AIR CON
8/31/2007 THE GROVE HOTEL
8/31/2007 OREGON CITY TRAVEL
8/31/2007 STEVEN PATTERSON
8/31/2007 PETTY CASH
8/31/2007 VALLEY MAILING SERVICE IN
8/24/2007 A & A DRILLING SERVICE IN
8/24/2007 ARAMARK UNIFORM SERVICE I
8/24/2007 ARBOR ANSWERS
8/24/2007 AT & T
8/24/2007 BENJAMIN WARD
8/24/2007 BOTACH TACTICAL
8/24/2007 BRINKS HOME SECURITY
8/24/2007 BRODART CO
8/24/2007 CAPITAL PAINT & DECORATIN
8/24/2007 CASCADE COLUMBIA DIST CO
8/24/2007 CDW GOVERNMENT INC
8/24/2007 CENTER POINT LARGE PRINT
8/24/2007 COLE INDUSTRIAL
8/24/2007 CONSOLIDATED SUPPLY CO
8/24/2007 CSS DATA TECHNOLOGIES LLC
8/24/2007 DIRECT LABOR INC
8/24/2007 DP NORTHWEST INC
8/24/2007 FERGUSON ENTERPRISES INC
8/24/2007 FIRST STUDENT INC
8/24/2007 FRANK M MASON
8/24/2007 GELCO CONSTRUCTION
8/24/2007 GEORGE MORLAN PLUMBING SU
8/24/2007 INGRAM DIST GROUP
8/24/2007 ISOLUTIONS CONSULTING INC
8/24/2007 J. THAYER COMPANY
8/24/2007 JOHN GONZALEZ
8/24/2007 KATHY WARNER
8/24/2007 KEIZER OUTDOOR POWER EQUI
8/24/2007 KEY EQUIPMENT FINANCE
8/24/2007 LABOR RELATIONS INFO SYST
8/24/2007 LANGUAGE LINE SERVICES
8/24/2007 MARION COUNTY BLDG INSPEC
8/24/2007 MSI GROUP INC
8/24/2007 OFFICE DEPOT
8/24/2007 OMB'S EXPRESS POLICE SUPP
8/24/2007 PETROCARD
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCI LED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
9/10/2007
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
19.99
3,302,97
36,80
521.00
83.20
249.95
1,472.00
2,793.32
366.75
667.20
349.99
172.00
11 7.52
253.80
57,23
163.54
666.45
4,840.00
67.60
250.00
147,79
1,075.00
213 , 95
31. 99
1,391.14
28.99
4,790.20
3,967.80
1,404.00
617.36
41.99
354.00
1,160.00
220.00
3,846.18
399.12
260.00
41,524.58
234.18
2,988.98
125.00
986.66
69.00
54.00
61.95
163.00
595.00
278.28
2,044.28
400.00
51.75
2,041.76
3,821.09
19.99
3,302.97
36.80
521.00
83.20
249.95
1,472.00
2,793.32
366.75
667.20
349.99
172.00
11 7.52
253.80
57,23
163.54
666.45
4,840.00
67.60
250.00
147.79
1,075.00
213,95
31,99
1,391.14
28.99
4,790.20
3,967.80
1,404.00
617.36
41.99
354.00
1,160.00
220.00
3,846.18
399.12
260.00
41,524.58
234.18
2,988.98
125.00
986.66
69.00
54.00
61.95
163,00
595.00
278.28
2,044.28
400.00
51.75
2,041.76
3,821.09
,00
,00
.00
.00
.00
.00
.00
.00
.00
.00
.00
,00
,00
.00
.00
.00
.00
.00
,00
.00
.00
.00
,00
.00
.00
.00
.00
.00
,00
.00
,00
,00
.00
,00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
WOODBURN LIVE
DATE 9/14/07
TIME 10:20:29
C I T Y 0 F WOO D BUR N
CHECK REGISTER
PAGE
AP0460
VEEOT
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
=====;==~============~============~====-==========~=================================================================================
90036 8/24/2007 QUARTERMASTER RECONCILED 9/10/2007 YES 59.98 59.98 .00
90037 8/24/2007 QWEST RECONCILED 9/10/2007 YES 267.80 267.80 .00
90038 8/24/2007 RANDALL G LANGBEHN INC RECONCILED 9/10/2007 YES 588.00 588.00 .00
90039 8/24/2007 RECORDED BOOKS INC RECONCILED 9/10/2007 YES 475.20 475.20 .00
90040 8/24/2007 ALL AMERICAN SPORTS CORP RECONCILED 9/10/2007 YES 352.40 352.40 .00
90041 8/24/2007 ROD'S HANDYMAN SERVICE IN RECONCILED 9/10/2007 YES 350.00 350.00 .00
90043 8/24/2007 S&S WORLDWIDE INC RECONCILED 9/10/2007 YES 235.47 235.47 .00
90044 8/24/2007 SAFEWAY STORES RECONCILED 9/10/2007 YES 16.99 16.99 .00
90046 8/24/2007 SAMIR INC RECONCILED 9/10/2007 YES 499.00 499.00 .00
90047 8/24/2007 SPRINT IAIRLINK) RECONCILED 9/10/2007 YES 734.02 734.02 .00
90049 8/24/2007 WOODBURN FAMILY MEDICINE RECONCILED 9/10/2007 YES 63.00 63.00 .00
90052 8/31/2007 ALMA LUZ P WILK RECONCILED 9/10/2007 YES 205.48 205.48 .00
BANK AP TOTAL: 276 CHECKS --~------ -
1,524,085.52 1,524,085.52 .00
RECONCILED 276 CHECKS 1,524,085.52
NOT RECONCILED CHECKS .00
VOIDED CHECKS .00
UPDATED 276 CHECKS 1,524,085.52
NOT UPDATED CHECKS .00
N
""'"
IOD
COMMUNITY SERVICES DEPARTMENT STATISTICS
AUGUST 2007
Recreation Services Division
o
o
724
o
o
o
o
724
2006 YTD 2007 YTD
$17,365.00 $26,602.62
$86,278.00 $82,796.38
276 0
0 720
2,300 1,605
437 0
0 315
0 0
1,695 1,500
4,708 4,140
2006 YTD 2007 YTD
$32,526.88 $43,495.83
$96,754.28 $103,086.62
34% 42%
10,866 12,406
390 463
3 6
0 22
0 0
393 491
Aua-06 Aua-07
Revenue: $4,459.00 $15,895.75
Exoenditures: $41,776.00 $43,566.35
Proaram Attendance:
Youth Sports:
Adult Sports:
Youth Programs:
Adult Programs:
Teen Programs:
After School Club:
Special Events:
TOTAL:
Aquatics Division
276
o
940
356
o
o
195
1,767
Aua-06
Revenue: $13,317.86
Exoenditures: $48,042.60
Cost Recoverv: 28%
Attendance: 5,677
Lesson Enrollment:
Group:
Adults:
Private:
4th Grade:
TOTAL:
Library Division
216
3
o
o
219
Aua-06
Revenue: $1,412.00
Exoenditures: $83,233.42
Librarv Attendance: 19,420
Librarv Circulation: 11,528
Adult Proaram Count: 5
Adult Attendance: 2,555
Youth Service Proaram Count: 15
Youth Service Attendance: 256
Database Usage:
Adult Com outer Usaae:
Youth Services Comouter Usaae:
New Adds:
Volunteer Hours Worked:
428
4,988
979
313
165
Auaust-07
$21,052.98
$51,770.96
41%
5,926
202
2
12
o
216
Aua-07
$1,506.26
$83,458.38
17,330
12,012
4
2,160
19
432
2006 YTD 2007 YTD
$16,549.06 $19,714.14
$151,214.54 $153,737.40
36,223 33,419
22,139 24,152
9 8
6,115 3,590
58 49
1,426 1,301
552
4,716
1,064
535
117
1,322
9,196
1,863
606
358
1,263
8,938
2,103
960
226
Auglfl~007
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Description
SiteLocation:
DR 2006- Welkin
17,EXCP 2007- Engineering
02, VAR 2007-
01
8 unit Multi-family
Development on Vacant
Parcel
1037 Lincoln St
DR 2007-02, Kerr SOx 125 Steel Building
Contractols, design review
Ine. 395 Shenandoah Ln
DR 2007- William R. Design Review, 15,000
09,EXCP 2007- Pease (Grating square feet expansion;
07, VAR 2007- Pacific) Street Exception to Front
05 St; Variance to the front
yard setback.
2775 N Front Street
FPUD 2007- Bryan Final approval of PUD -
02,ANX 97-08, Cavaness Boones Crossing III,
~7-12, CU Type I
!ml3, PUD 97. Dahlia Street and Brown
03, VAR 97-12 Street
FPUD 2007- Montebello Final Plat review .
03,SUB 2003- Estates I, LLC Montebello Phase III
2001 Evergreen Road and
Oxford Street
LA 2007-02, City of Legislative Amendment
Woodburn Period Review Remand
City of Woodburn
ZA 2007-03, Mastery Modification to the
Learning conditions of approval
Institute with a Zoning Adjustment
591 Gatch St
Status:
Date Deemed 120 Day Planner
Received Complete Date
Referrals Facilities Mail Notice Notice to
Meeting for PC Paper
Post Stf Rpt Due PC Hearing PC Final
Property Admin Dec. Order
Appeal
Deadline
Received
1011212006 07/201'lfJ07 11/17/2007 Don Dolene
0412712007 0910712007
09/2112007 0912712007
Approved-Appeal 03/22/2007 0810812007 12/06/2007 Jim Allen 0810812007
Period
0812412007
09106/2007 09/13/2007 09/13/2007 09/2'5 ".
Received 0812412007
Don Dolene 0812912007
Received 07/1212007
Don Dolene
Received 0811112006
Jim Allen
Received
Jim Allen
Received
0812712007
Sarn Go/lah
....
o
$."':.'>~tl/ff'~~~,'''"'' ~'~"'!v-t~~"'"~"V"l4P.~~'~
rPLANNING\eRQJ ,,,.
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Project Applicant
SileLocation:
Oesaiption
DR 2OOHl1 The Frazier Group 985 Lawson 51
F~e improvements to the existing Taco Bell structure
DR 2oo7.()5VAR 07'()3, VAR 07-04, Butch PricelBend au (Stop 100 Arney Rd.
CU 07.()1 N Go)
Remove existing 2311 sf gas station canopy and replace with
new 1520 sf canopy.
DR 2oo7.()6 Axis Design Group A&E, 3001 W. Newberg Hwy
LLC (Miles Chevrolet)
Upgrade to facility and build a vestibule. Additional signage to
site.
DR 2007.()8SIGN 2007-18 Jack & Deanna Bigej 1220 N. Pacific Hwy
Design Review of Pole Sign
PUD 2006-01ZC 2006'()1, CU 2006- Boones Crossing, LLC-
04, CPC 2oo7.()1 Mike Hanks
Parcels 1, 2 & 3 of Partition Modifications to Boones Crossing PUD
Plat 2006-55
tI)
oIlo
Status: Date Received Planner
Hold by Applicant 0212012007 Jim Allen
Incomplete 0611312007 Jim Allen
Incomplete 0611912007 Don DoIenc
Incomplete 0811412007 Don DoJene
Incomplete 10/3112006 Jim Allen
Activity Report - Monday, September 7 tilT" Friday, September 21
Folder Name Applicant Project SiteLocation Description Date Rec'd: App Complete: Planner:
BL 2007-145 Tricia Sisters Massage 2221 Country Club Rd. Massage Therapy 09/07/2007 Sam Gollah
Sparks'Rachel
Strother
BL 2007-146 Don Michael Wall Taxi Van 1208 Newberg Hwy Taxi service 09/10/2007 Sam Gollah
#101B
BL 2007-147 David P Gay DG Auto'DG Auto U- 2230 N. Pacific Hwy Auto Sales & U-Haul rentals 09/12/2007 Sam Gollah
Haul
BL 2007-149 Cynthia L. Linck Serenity of Woodburn 510 N Pacific Hwy Novelty/craft shop. 09/18/2007 Sam Gollah
BL 2007-148 James W. Hargis Alpha Ecological 1200 NE 112th Ave- Pest Control & air duct cleaning. 09/18/2007 Sam Gollah
Contractor
BL 2007-151 Melton Ford Personal Design 2605 Stanford St Embroidery on Apparel 09/19/2007 Sam Gollah
Embroidery
BL 2007-150 Myrtle Madeline Heal Within LLC 1552 Aztec Dr. Rapid Eye Technologist 09/19/2007 Sam Gollah
Bolster
EXT 2007-01 Martin Bros. Inc. Hillyer Ford/Martin 3000 Newberg Hwy Extension to a Development Decision; 09/11/2007 09/1112007 Don Dolenc
Bros. Inc. MOP 2004-02, ZC 2004-03, DR 2005-
~ 03 and Sign DR 2006-06
en
FNC 2007-33 Les and Bonnie Les & Bonnie Murillo 1455 Thompson Road 3 foot chain link fence along a portion of 09/18/2007 09/1812007 Don Dolenc
Murillo the rear property line
FNC 2007-34 Hylland Mike Moch 835 Oregon Way 5'-6" cedar fence on the back yard. 09/21/2007 09/21/2007 Sam Gollah
Constuction LLC
SIGN 2007-21 Martin Bros. Inc. Hillyers Mid-City Ford 3000 Newberg Hwy Wall sign. 09/11/2007 Don Dolenc
SIGN 2007-20 Martin Bros. Inc. Hillyers Mid-City Ford 3000 Newberg Hwy Wall sign. 09/11/2007 Don Dolenc
~.._.~.._-
II/""
Friday, September 2/.2007
BL = Business License EXT = Extension SIGN = Sign Permit TMKT = Temporary Marketing Pennit TSP = Temporary Sign Permit PAPP = Pre-Application FNC = Fence Pemlit
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September 24, 2007
TO: Mayor and City Council
FROM: N. Robert Shields, City Attorney jViZ)
SUBJECT: Procedure on Proposed Oregon LNG Pipeline
RECOMMENDATION:
Receive the report.
BACKGROUND:
At the last meeting, the City Council requested that I research the procedure
involved in the Federal Energy Regulatory Commission (FERC)'s consideration
the Oregon LNG Pipeline and whether intervention was possible at this time.
DISCUSSION:
Legally, it is premature to intervene at this time. FERC has initiated a pre-
application review under the National Environmental Policy Act (NEPA). No
application has been filed with the agency. Intervention can not be considered
until there is a formal application.
Once an application has been filed (anticipated to be several months away),
staff will inform the City Council and intervention can be considered by the City.
FI NANCIAL IMPACT:
None.
Agenda Item Review:
~
City Administrat~ City Attorney;\JtA~
26
Finance
~
WOODBURN
10,.".,a,.4 1889
lOG
A~'~
.
.
September 24, 2007
FROM:
Mayor and City Council through City Administrat~ ~
Randy Rohman, Acting Public Works Director fry/-
Fall Leaf Collection Program
TO:
SUBJECT:
INFORMATION: The fall leaf pickup begins November 1, 2007. To inform
residents of this program, the attached leaf program flyer in English and Spanish
will be distributed to city residents with the water and sewer bill starting this week
and continuing through the third week of October. Residents will be asked to
reduce placement of right of way leaves in the street. Information on the
program will also be available on the city website. The Woodburn Independent
will be asked to provide information on the leaf collection program in the paper.
Other options for disposal include composting, disposal in yard debris carts and
hauling to the North Marion Disposal Facility off Crosby Road.
BACKGROUND: In September 2003 City Council approved a modified leaf
pickup program. The modified program included:
1. Twice weekly sweeping for the downtown core area, Settlemier Avenue
and West Hayes Street bike path. Leaves only (no branches or tree limbs)
from the street right of way can be raked in the street. Leaves from the
remainder of the resident's property will not be allowed to be placed in
the street.
2. The remainder of the city will be swept on a monthly basis and leaves will
not be allowed to be placed on the street pavement.
3. Residents can drop off leaves at various collection sites. These permanent
sites during the fall season will be on Cleveland Road, the parking area of
Burlingham Park, the Legion Park parking lot and the Dellmoor Way
entrance to Senior Estates Park. Drop off areas will be marked and rules
will be posted at each of the sites.
In response to resident concerns after information on the modified program was
disseminated, two modifications, with council concurrence, to the program
were made. Properties adjacent to Settlemier Park were allowed to put
backyard leaves from park trees in the park. Also other properties were advised
that right of way trees leaves from the city right of way in the front yard could be
raked into the pavement. No other exceptions have been allowed by Council.
Agenda Item Review: City Administrat
City Attorney
Finance
27
FALL LEAF PICKUP
City Council adopted the following leaf pickup program (program runs from NOVEMBER 1 to
DECEMBER 31) for the city. This leaf program is necessary for safety and cost effectiveness.
The city will be swept on a monthly basis and leaves from private property will not be allowed
to be placed on the street pavement.
Sweeper picking up leaves
LEAF DROP OFF SITES
a Open 8:30 AM to 3:30 PM Mon-Sat
. 300 Cleveland Avenue
. Wastewater Plant at 2815
Mola11a Road
a Seven days per week durina Fall
. Legion Park Parking Lot
. Burlingham Park Parking
Lot
. Senior Estates Park
Dellmoor Way Entrance
Residents can drop off leaves at one of four
collection sites. Three drop off sites have
been added. The existing site is at 300
Cleveland Road (south Woodburn). New
sites are the parking area of Burlingham
Park (west Woodburn), the Legion Park
parking lot (east Woodburn) and the
Dellmoor Way entrance to Senior Estates
Park (north Woodburn). Drop off areas will
be marked and rules will be posted at each
of the sites.
Leaves from the resident's private property beyond sidewalks or right or way will
not be allowed to be placed in the street.
Twice weekly sweeping for the main streets
in the downtown core area, between
Settlemier to First and Harrison to Oak,
where there are numerous large trees. For
safety of school children, Settlemier Avenue
and West Hayes Street bike path will also
be swept twice a week. Leaves only (nQ
branches or tree limbs) from the sidewalk
and street right of way can be raked directly
into the street without making into a pile
I~II~
NO LEAF PILES IN GUTTER
Other Options include:
. Compost in backyard
. Use yard debris cart weekly
. Haul to North Marion Disposal Facility
~ Ordinance No. 2225 does not allow leaves from private property to
.. .:-' .:..~ be placed in the street. This ordinance will be enforced for the City
Council adopted leaf collection program.
QUESTIONS? CALL 503-982-5240 (Woodburn Public Works Department)
28
CAMBIOS AL SISTEMA OTOMAL DE RECOLECCION DE HOJAS
EI Consejo Municipal del Gobierno de la Ciudad adopto el siguiente programa de recoleccion de hojas
(programado para funcionar de noviembre primero hasta el 31de diciembre) en nuestra ciudad. EI
nuevo programa fue desarrollado conceptualmente durante el proceso de la preparacion del
presupuesto. Este nuevo programa de recoleccion de hojas es necesario por cuestiones de seguridad
y efectividad.
· La ciudad sera aseada (uso de barredora) de manera mensual y las hojas de las areas privadas no
podran depositarse en las calles.
Barredora recogiendo hojas
LUGARES PARA DEPOSITAR HOJAS
a Abiertos de 8:30 a.m.- 3:30D.m.Lun-Sab.
. 300 Avenida Cleveland
· Planta de aguas residuales en el
2815 de Mola11a Road
a Abiertos los siete dras de la semana
· Estacionamiento del Parque Legion
· Estacionamiento del Parque
Burlingham
· Parque de la unidad habitacional
para la tercera edad (seniors) por la
calle Dellmoor
Aviso: S610 se utilizara 10 barredora para recoger
Las hojas. Ninguna otra maquinaria pesada sera
utilizada.
No permita Pilas
de Hojas en sus
canales de desague
de los techos
· Dos veces por semana se asearan las calles principales del centro de la ciudad, donde hay varios
arboles muy grandes. Por seguridad de los nirios escolares, las areas de bicicleta de la Avenida
Settlemier y de la calle Hayes parte Oeste) tambilm seran aseadas dos veces por semana. Solo
las hojas (no ramas) del area de las banquetas 0 derechos de propiedad de la ciudad, podran ser
depositadas en las calles sin hacer montones.
Las hojas del area privada de 105 residentes a excepcion
de las de las banquetas 0 derechos de paso,
no deberan depositarse en las calles.
· Los residentes podran depositar sus hojas en alguno de los 4 lugares de recoleccion. Existen tres
nuevos lugares. Ellugar que ya existia es el ubicado en el # 300 de la Avenida Cleveland (sur de
Woodburn). Los nuevos sitios de acopio son: EI area de estacionamiento del parque Burlingham
(oeste de Woodburn), el area de estacionamiento del parque Park (este de Woodburn) y la la
entrada de la calle Dellmoor a la unidad habitacional para la tercera edad (senior Estates) al norte
de Woodburn.
Los lugares de deposito seran marcados y se colocaran las reglas aplicables n cada uno de los
sitios.
~
.... .. .. -, ..:.
La Ordenanza No. 2225 no permite que las hojas de propiedad privada sean
depositadas en las calles. Esta ordenanza sera implementada por el
programa de recoleccion del Consejo Municipal.
PREGUNTAS: L1ame aI503-982.S240 (Departamento de Obras Publicas de Woodburn)
29
~
WQQJ2B\1RN
r.,orpo,.teJ 1889
13A
~~
.
.
September 24, 2007
FROM:
Honorable Mayor and City Counc:i1 / /
John C. Brown, City Administrat~
TO:
SUBJECT:
Tree Removal, 217 N. Second Street
RECOMMENDATION:
Uphold staff's denial of the request to remove two poplar trees at 217 N. Second
Street.
BACKGROUND:
The City Council considered this item, and the comments provided by the
affected property owner, at its September 10, 2007 meeting. Additional
background is contained in the staff report from that meeting (Attachment 1).
Council tabled the matter, until it could review the arborist's report prepared for
the property owner.
DISCUSSION:
The arborist's report prepared for the property owner is attached. The owner's
report, reaches essentially the same conclusions regarding the trees as the
report prepared for the City, although the owner's report places the trees in a
higher risk category. Using a numeric rating scale from one to 12, with 12 being
the highest risk, the City's report scores the trees, together, at 9. The owner's
report rates the trees, separately at 11 .
Staff denied the property owner's request based on application of the removal
criteria contained in the street tree ordinance. That ordinance was recently
revised, but made removal evaluation criteria less restrictive than the previous
ordinance. A tree must be dead, dying, or diseased and posing the threat of
spreading disease to other street trees; causing damage to public or private
infrastructure that cannot be corrected through pruning; or dangerous so that it
may only be made safe by removal. According to both arborists, the trees are
healthy. There is no evidence of damage to infrastructure. The City's arborist
Agenda Item Review: City Administrat
City Attorney
Finance _
30
Honorable Mayor and City Council
September 24, 2007
Page 2
.
.
indicated the risk of danger is moderate. Staff interprets that to mean that the
trees are not presently dangerous and as such do not satisfy the dangerous tree
condition. The property owner's arborist assigns a higher risk factor, which more
strongly supports their being dangerous. Neither report, however, addressed
whether the trees can be made less of a risk by means other than removal.
During its consideration of this matter, the Council asked the property owner
whether his arborist had considered pruning as an alternative to removal. The
arborist had not. As Section 2 (1) specifies that a dangerous tree may be
removed if it may only be made safe by removal, staff requested the City's
arborist to evaluate the effect of pruning on the risk attendant to the trees. The
arborist indicated the risk rating could be reduced to the mid-range of the scale
with pruning. The recommended pruning would remove smaller interior
branches, and bring the crown of the tree inwards.
Based on the arborist's response, it appears pruning can reduce the threat of
hazard posed by the trees in question. Accordingly, and because none of the
other criteria for removal specified in the ordinance are met, staff continues to
recommend that Council uphold staff's denial of the removal request.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action. City
costs for arborist services are approximately $100.
31
~
WOODBURN
1.&D',,,.",1 , 88'
ATTACHMENT
Page.L of
liE
A~r~
.
.
September 10, 2007
FROM:
Honorable Mayor and City Councillhrough City Admini~
Randall Rohman. Acling Public Works Direclor ~
TO:
SUBJECT:
Removal of Two Trees at 217 N. Second Street
RECOMMENDATION: Uphold the denial of the request to remove two poplar
trees located at 217 N. Second Street.
BACKGROUND: The City has received a request from Mr. Tom Ashland to
remove two large Poplar trees adjacent to property he owns at 217 N. Second
St. The two trees are in the Montgomery Street right of way and are shown on
the attached photo. Mr. Ashland was issued a removal permit through the
Community Development on the premise that the trees were on private
property. On July 5, 2007 a report was made to the Maintenance Division that
two large poplar trees in the Montgomery Street right of way were being
removed. Maintenance Division investigated and since the trees were
significant street trees and not located on private property the work was halted.
Since Mr. Ashland had requested that the trees be removed Maintenance
Division requested a professional risk assessment on the two trees. The
assessment was done on August 5, 2007 by certified arborist Gary Syphus of
"Arbor Answers" and that report is attached.
The report placed the two poplar trees in a moderate risk category for failure
due to the type of tree and the size of the trees. The major factor that
determined this risk factor is that approximately 50% of the root zone is covered
by sidewalk and street surface. Due to the location relative to high value
targets, street traffic, pedestrians, and buildings, that portion of the arborist's risk
assessment received a moderate to severe overall risk factor.
The two trees however are healthy and show no signs of disease. There have
been reports of minor scaffold branch failures in the past with no problems
noted with major structural elements of the trees. The sidewalk adjacent to the
Agenda Item Review: City Administrator _'
City Attorney
Finance
32
Honorable Mayor and City Council
September 10, 2007
Page 2
.
ATTACHMENT
Page..2=... of
.
trees has been impacted by the trees in the past but was repaired
approximately 10 years ago and does not shown any additional damage at this
time. There are no impacts at this time on any City infrastructure.
DISCUSSION: The two poplar trees are mature trees and appear to be in good
health consistent with their age. Approximately half of the tree's root systems
are covered by street and sidewalk but this has not caused any apparent
damage. The roots have apparently caused sidewalk damage in the past but
that damage was repaired approximately 10 years ago and there is no evident
additional damage at this time.
The previous property owner had requested that the City evaluate the trees in
April 2007. A letter sent to the previous owner at that time indicated that a City
inspection found the trees to be healthy and removal was not needed.
There is always some inherent risk of failure of mature trees in high wind
conditions that are associated with saturated soil conditions. The two trees in
question are aided somewhat in that approximately half of the root mass is
under the street and not subject to the degree of saturation that may occur in
trees in the middle of a park or yard. The trees are healthy and have not shown
any signs of disease or decay. Staff has determined that the two poplar trees
do not warrant removal at this time.
Staff is recommending that Council uphold the denial of permission to remove
these two trees.
FINANCIAL IMPACT: There is no financial impact as a result of this action.
33
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APPlIEO HORTICULTURAL
CONSULTING. INC.
REC'D
SEP 1 9 2007
J1Ul8 13, Z007
WOODBURN
crN ADMINISTRATOR'S OFFICE
fte City ofWoodlnana COII\II,,"l1ty D..elopmeat Department
Z70 MoJdgomel"f' Ib'eet
WoocI1HuD, OuS'- 97071
'To whom it may c:cmcem:
Pleau l'afeJ'8.ce thisletta.. 101' our IIIapec:tioa nlUllher 07302 J'8VUd.blV a tl'ee removal
......m.at pe"onaed. at the naUl..c. located at 217 Secoad Sbeet .. Woodl"u., OR
Oil June 13~ 2007~ fte foUowia9 i. a -mmarr of my ob...".UOIla with I'8commenclaUoaa.
BelT Jl t.!l
1. A elta a....sm..t was conducted at W. loeatioll to cle'emdae if .Il. .....(.) that Ilad
been tde.tUleclas cle.Ired for removal.ho1alcI. be l'emo"e41UU1e.. the ClIy ofWoodhum
Hazard ",ee nmaoval proYl.i.... 'l'lut b... are loc:ated close Oil thelcNtll side of tile
resicl..c. betwee. the eiclewalk and the meet. 'I'Jleae tnetI O'V8l'Wulm the pl'operty,
tJa. Rnet and th. atdewalk.
Q..mrvJ.'I10NS
2. The tl'..(.) ill quetltlo.ancleb. me.lI1Intment. follow...
{A). Ifree..",..r 1 of Z - PopuJu. trlcltOCU'pll, black cottonwood, at"I1e
fnIa1t. TIle tnmk dlunet... .... measured at 50 bu:1l.. DaRI. ft. tl'..
haa a ..v.r. c:aYlty INI'Il when it was toppecl ill the paat
aPl'lOldmately 40' "ove me.. po.." le".l. Poo~ WOWldwoocl
d.....lopmenf has oc:eunetl.
{B}. TNe .umber 2 of 2 - Populu trtduH:a~, bl.ck cotto.wood, stagle
tnJak. ft. tnmk dlamete.. waa m.asured at 58 lacke. DB.. The tne
Ia.. a _vel'. ca"jty Inlll when it was topped ill tlae pa.t
appnxbnately to' aIMrIe me... !J1'o.ad l.ve1. 'thla tree alao .... a
butU... wouad OIl tile Iouthside towucl. the .I'..t. Poow WOWldwood
d.velop..... ltas ocC1lftecl.
(C). A ....... tH. .vahtation form has .een c:om}tleted for a.ela tree and
photo.ha".II_nlalr... 'rhee. forma ami photograpJdc .xIldttta _e
attached to W. report repl'...attag the fiIldbag..
I DBH i. the DUuIIel.r at );)r.... ....9111 meuured approximalely 4.5 feet mo- mean g.oUJId level.
P.O. 8m 2355 lake Oswego, DR ?7035-()6(1I
(SOJ) (,'./')-934') r:lll (SO}) (,91-') H,6 e-mail ril'h3r@twvanelmm
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117 leeond Street
OBSERVATIONS (contin..d)
{D}. A tn. removal alte pi.. b. .l.o bee. attached to tide ~.porl
IndleadB9 theloc:aUOIl 01 the tre.. on the property and their
proximity to the re.ld..c. aD4 the "...et.
(E). ft... treee Jaa". be.. tagged with aluminum tl'ee tage uullla1in,ecI
lIUag yellow 8UVey tap..
RECnM'MrNDJlTlONI
3. "the reeommeacladoa eIlcl remecl, lor theee t..... lollowe...
(A}. Olltaba a has.. tree reltlOval permit fl'om the City of WooAlII'D prior
to implementiag allY I..ee remOYal procecluntS.
{]I}. Remov. the tre.. completely 118m, C1II'Nat indutrr ....dud.
aDd safe arltoricaltul'd pnctic...
(C). Pntect aay iadiYidaala ..41 pereoaat pl'Operty fa the adJaceat are..
d1ldag the. .-moonal pl'oc....
(D). Replace the tr... with more appropriate ......t .ree epecte. ..
nquINd lay ctty orcUllaace.
U '9'0" ha"e any queetion. 01' l'eqalre ac:lclltloaallDfonnatlon, pie... c:olltact me.
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IlaceJ'81y,
Applied Bol'tic:altunl Co_lUng, IDc.
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c.ualtht., ~lIorid, uca
Cwtlfl..laeltat, 11& DW-SSHI.
Celtlflecl ~ 1IodtcaIarlst, ISIIS ..g. #1550
OCCII#lt33ZS
ME'l'aO a-u... Lic:enM ....01
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4\ A Photographic Guida to the Evaluation of Hazard li'ees in Urban Areas .
\iF TREE HAZARD EVALUATION FORM 2nd Edition
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MIDI\.OCl!lOtt .
Owner: oublie lltivats '}( unknown other ......
0IfI:~r: <Q,,\} PJcA.a..t~ eJ/-SS361-
0Itt of tat InspecUon:
tWARO RATING:
~+~. ~
Fallurt .. SIlt + Targlt .
potfnUay of pttt Ralfng
v lmmedlat8 idfon nUdad
Needs furthtr Inspedfon
DeaD _
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Ra1fno
TREE CHARACTERlmCS
1tt.t:~SPIdlls:~GK- Ln~;;C()~_
DIN: ~' , at InIIIb: .s ,I~~.ltbt q Z> Spread: Lf5
....: Q O-"I~ symmetric >lminor asymmtUY C! major asymmetry 0 stump sprout 0 stag-head.d
CNWII ctus: p!. dominant 0 co-dominlM 0 Intetmedlat1l CJ suppmsecf
U. CNWn lItJa: ~ 0. % AIUI.: CJyouno 0 semi-matUre 0 matu1'8 )(aver-matvNuneS,,"t
PmnInglllatal'f. 0 crown d81ned 0 lJetessivi/y ItlinIIad }(tDf>ped 0 crown r:liM~ 0 pollarded a crown reduced 0 BuSh cuts c: eulldlbraccd
0110116 0 multiple !IMino events Approx. dallS: I ~ So .
...... Vllur. 0 SDecimlft a heribgtlllistarte a wildlife 0 UnuSUI. CJ ItI'Ut "'. 0 !Cretn 0 ShadeJ{indlgenou!I 0 Jll'Ot.ctM by;o'ulllncy
lIB HEALTH
,...." COIar: ~ nannal CJ dtforoUc 0 necro1fc Eplcotmfcs7 Y t!D
,.,... dllltll't: ~normal 0 spane Lof ala: ~nn" CJ sma/I
....,1IItIvt GJOWIII: 0 _ellenl t!l averag. 0 poor 'nI'1 OIl_ail? Y (!!)
WI....' d""OJRUt 0 _.Hent a awraae (j lICIor ):utone
VIpt dnI: Q ucellent 0 Mraoe -* fair 0 poor
_,..eaI~ --.
L~
Growth obIIrut:lJotis:
Cl stakes 0 wlrrJUtI 0 IIQnI CJ QlDI.
J9. curtllpavemtllt ~rd'
"other -sf", ..... f c~.~ L/~
11II C8NDmOflS
SKI QllllIIr: ~oce 0 comtlllltial 0 industrial 0 park 0 opea space a natural 0 woodlal7d\torM
lJr n "r I lilt 1YJe: O/lllllW8y Q I1Ised beeS a COfIQiner 0 II1OtII1d ~lawn CJ snrub tlOnlfIr a .Ind bmk
. ...... AnOlW CJ ldeCZUI1l 0 inadeQuate Cl excessive 0 tnmk WIttled
... III a'SlUrillae.? Y €) CJ amsJnlt'tIOn 0 SOil c1lstuttIance 0 grade cll8nglt 0 I1nt dearinq 0 sltl elell1ng
""_paQd: 0% lo-~. 25'~.~'1S.100% Ptvtm.'lftld1(J)tJ
~ _I.. Willi 1811: O'!'. 10.25% 25-50% ~ 75.10f1'1.
...... ,ra. loWend: 0% 10.25'. C!....~75% 75'.100%
......11'II: 0 dnirwOt CJ sltalfow ~CO~ Aidn1ughty a AIIl1f 0 alkaline 0 acidic a smlll volume 0 dlseua ClImer 0 history at (ail
o day 0 eplltlive 0 slop. _ · upect
.......: 0 lights 0 slQnlv. a UnMt-sigltt G '41aw ~0VIrtIt1d lines 0 undervrouncl utIlitlu ~ 0 Id/ll:ent 'ltg. Cl
ea,...1O wind: 0 slnOIl tret 0 lldow canopy {&Cab:)'4e ClIflOPY 0 tlClmIy exposed 0 wfrId~. c:'l~ lOOt 0 area prone to windtftfow
"..,..,.11 dtrIcfItlI: ~ Occunence of StIOWIIcI storms 0 never ~oldDm C1 regularly
-
-
.TAIlIIi
tile Uftdar 'hf: ~\liIdiftq J( padcing A tr3ffIc J{oedlStrfln Q lICration )(lmCSc:1p6 0 l1arcs~ :: smltlf fealUres ~IIY llna
CII..... .. mnuT 'f (!) CIft IIIIt n rnfrlc:rn? y €J
t r 11:0,. C! OtQSiOllallllia a intllrmlftenf \1$' C frequent use ~onstant use
1M ~liOnal Sati.ty 01 Arbotic:uttu/'e i1m/mu 110 respollSiOilirv Illr COIIClusions or l1lr.nmmltnriatic:'I$ etriY~ IrOI1' W" of lIltr; to:m.
yI_....,__J-'..II,
'-' I I IfVJ..UL- 'f'i-l- J"V"""
r ""'\;:11:.. CJO
'W{1d
TREE DEFECTS
""., DlllCT$:
__root rot (j)N MusImlamlc~lltt prutnt 'f @ ID: -
..... re* 0 sew" ~odlrate 0 low Und.rmfald: 0 severe 0 moderate IA.IOlN
RIIf pIIl.ld: -- dfstanC8 from tI\Ink Rha ma aftlcltd: - % 8ld1ns1 wound.d: Y (ff) M.ft:
........, 1'00t IntI: 0 severa ,ktmccflt8tG 0 low Potential far lUal fallDI1: CJ severt Jl(moderate 0 low
LINt dIq. from vertlcaI 0 IlIM1l a unnalUf'1/ 0 stlf-correc:tld loll tumlng: Y (])
DIay hi ,111I1 of Ian: Y (!J RaaeallrokU Y I[) 1011 malnu: y <fD
Cll\tllllftdln, factOIl: Lan ,.vlrlty: [j severe 0 madellt. A:t!ow
CftOWN D~: IndIcatI presence Qf IndJvklual detects and I1ta tnllt seventy (s . seve,., m . moderatl, I-low)
IIAtT ROOT CROWN TRUNk SCAFfOLDS BRANCHES
_1011'
-
m&IfOrkS
11II II attac/Un1fl13 -.!
IIlI ItMrk .....s
end wtIGhl
.. .,.
.. M
~
IIIIV IW\
lIIIlV I\tn
IIow
b8rtt
1M
III
I1s
.., lout fIlIuIt
~
HAZARD RATING
"""" mOlt lIkaty to fail: ~
......an llIriod: 111"._ bla/vluat _ other
Mn Pottcltial. sa 01 Part ~ 'at~ ~. Hmrd Rating
~ .. t./ +--1:-.~
HAZARD ABATEMENT
JtIIIt: 0 remove dtfIc:tfvt part 0 reduce end Wlfght CJ crown d88l1 CJ U1Jn 0 _ caIIOgy a CtO\'ln reduce Q tII1n1ctUrt c:J..
CIfIWIna: - _. fIIdIIr: a root crown 0 day 0 urill 0 monlror
......IIM: {f)4 RI1IIua7 @N MlMIlupt Y @ GUlar:
ilia. ..taunt trea: ~. [J MIuIIIt
IIIIItIIdDlr. 0 owner .manager a OOVIl1llnG lOency Oatl: k -I ?r-07-
COMMENTS .
~
FaJlUnt pOttnllal: t -low; 2 . mldlum; 3 . hfOtI; 4 . SIVI18
SIZI of put 1 . <8'" (1!5 em); 2 . 8-1r (15-45 em);
3 . 18-30'" (4H5 em); 4. >au'" (75 em)
kget ra1fng; 1 . octIIIonII UN: 2lntem11tt111t u..:
3 - frequent UR: . . consf4nf use
UOiLOFLVVf ~4.~~
',)O..:lO::;I':3:l..:l / L
l, ,y W llJt. ,t<tt ::>t(\A.;
l"'Al:It. I1q
a A Photographic Guide to the Evaluation of Hazard Tr'ee in Urban Areas .
\iP TREE HAZARD EVALUATION ~ RM 2nd Edition
=, . ~~1,~t~::;.tq;,t~#
owner. public prlvatll)< u~knoWn other
Oltt: &'-1 ~-d:1l\Speetor. CV l~ .tl: r ~ P ll-~If
OlD of last Inspectlon:
-
HAZARa MnH8~
~...----:+ .
FalltJr$ + SIzt + lirget .
Potential of pan Rating
Imm_. ctlon needed
~ t inspection
Dead IJ1t
Huard
RatIng
TREE CHARACTERISTICS
'h. f: ~ Splda: & ~0
DIH: ~. 'oItrunlal: S,"~ HelQht ~ 8\JIWad: ~
~rm: C! Qener3lly symmeme ctsnlnor asyrnrnevy C! mator asymmetry 0 stump sprout a stag-headed
Cmm ct_ ~daminant 0 co-domlnant 0 IntermedIate 0 SOPIll1ssed
Uwt crown rttlo: 90 % Age cfllss= QyounG a semi-mature 0 ma1\JI'tt Jl{ over-maturf!/senescent
,",",", Illltoly. 0 crown cltaned 0 lnCCllssivlly thinned 9!ropped 0 crown raised 0 poJlarded 0 crown reduce<1 a t U$h Cllts 0 cabl.dlbra"a
o nane 0 mUltlp18 prunIng lvell1S Approl<. dares: 's _
""'" VII".: .0 specimen a heritagtlhlstorlc; a wildlife [j unusual 0 str.1t tree (J sereen 0 shade !'J.lndiv1OOU G protected by Gov. ag.nc)'
111I HEALTH
PoII'P color: ~l1OnnaI Odtlarotk: 0 necro1IC Eptconnlcs1 Y (j)
_.. "'''''1'(. ptnonnal 0 spane letf s1z.: ~a1 0 sma"
__I sIloot IIOYfIb: CJ exceItent l)1.m,aoe 0 poor 1\vIQ orlbu.? Y @
""""d cr...."mlftt () excellent 0 avetaQt )4oor a none
.... eIaw.: a txeelltmt (] MI3!1' CJ poor
....r ,..,..lItaau: ..-
QnJWdI obstnldlOfts:
o _," a wtRlU.I Cl gill 0 ca!llfS
o eultllpavement 0 ova
Oottler _
111I CONDmONS
Sill CllftCttr, ~1nC' 0 cOfnmlltial CJ Industrial 0 paJt 0 open )Jlace 0 natanl a woodlan<No:
~11yp': ~ pII1Mav a I1IS1d tied 0 container 0 mound O1fwn 0 shrub border a wind bf1ak
IfttpIIDn: ~O/l' 08daqu_ CJ Inadequate 0 excllsive 0 trunk wemed
........_ Y €) 0-.. o""~~'_ 0"'_ 0"'" orInQ
'" """nt pavld: ~. 10-25% 2.~-5lW. so- 75.100-1. PlYtmtntlllt8d7 (j) PJ
"'.... ./1111..,,: 0% lD-25"~ 5% 75.100%
.. ....pwd.lawerld: 0% 1(]'25~ 25- SO-TS% 75-'00'.
... .'ttnI: 0 draInao. 0 shallow ~ cofTlClllCftl! 'Ji droughty a saline 0 allcalIn. 0 acidic 0 small volume Q dlSUt cel11er 0 hlltCl'y of fall
o dly a lXpIlI5iVl 0 slape _ 0 UIIect:
_alftl: 0 _ 0 alonao. 0 IIrIe-ot-sIGltt G yiew ~OV6fh.ad IIn.. 0 underground utilities 'bQ..tntftc 0 dllCtmt "ftO. 0
......10 W'"d: 0 single tree a belQW canopy ~ .b~1It canopy a I'IC8IItIy PJloslld Cl Windward. c:tnQpy edgl 0 prone to winotllrow
flrMl(lq w'lIet dll1cUIWI: -1::J uJ OCtul1'tmct of snowllu stonn. 0 Jt8YIr 0 seldom CJ revularty
-
.....-r
Uat Ulldtt r,..: pbuilcSln9 t;karf<inv ~ra1IIc ~Jl8dB5tr1~ Q rmutton !56ttOSc:1pe
c...f8fV" 1M mow,fT Y (F/ can lID Ile resttfeted? V 6.J./
0IIaJIney: Q occasional u:sa 0 intenn~ use C IrsquBnt use ,)f constant USll
o l1ardSC3(l1l C! small f Vl'1lS )(fu1tnlY lInes
........ f'\1!!:'I!!"""1'
~# J-1..)
... . .
IftI(JT DEFECTS:
IlIIJIlet rllot rot: (j) N V t!!) 10: --
MusIUOa~nlrlbl'llck" present
_aid rllots: CJ sevora Q(modntl o lOw Und,nnlned: o !lYert a mod.rato "'low ofJ.
....- distance from trUnk Root .~. affected: ...- 'Y. Buttress wDunded: @ N Wile"
Rool plURld:
Iltslrlll1ld root area: o SIVert Q(modtratt o low PolllltJlllar root 'allul1: o $Mrl ~ modllrat! 010'
UAN: ....-- dlO. from vordcal o natural IJ unnltul'll CJ self<ofT.ctwd SoD "living: v 0;:>
DtI:lY In plane Dr 1110; @ N RDlIta brollltl Y ([) Soli Oi7: v N
COmpoundIng lactal!: R - ,rj A n.A A I I' ,,~ i ~ . ;)~ r.... A .... ~ UJ.- leen severlly: 0 severe Cl moderate rxfow
CROWN DEFECTS: Indicate presentl of Indlvklual d8ftC1S and ralO thai: SlVertty (s · MJJ. m · mod. rata. I · low)
OEFKr ROOT CROWN TflUNK SCAFFOLDS BRANCHES
Poor 1IDt'
Ben lwa.a
Co< IOlI1InIntSIfarks
Mv IIOle mchmenf3 :.S-
Ind udld bar1< .s
~YI end wetoht
C"ck3/.oUIs
HIIIIIIF1
Glrdlllla
'Noundsfsnm ~
1*2V ~
:1\/1(1/ .,r
lInD'mUShrOOmSI1lrxk8t
8111td1nnlSlft flow
LClOIalcrlcktd but
NnIIntl hol&Ib1. hive
DndwoGdlstUbS
8cIrvslWmltlSllma
Cfttlt!lftlllStburb
PmIous 'ailure
HAZARD RAnNG
'!tI. part molt likely to f2i1: T{).J) Failure potBntlal: 1 -low; 2 . " edlum: 3 . hign: 4 . S1'ltrB
IIllPldlon p.riod: IIlnUII ~ biannual _ other - Size of part 1 . <8" {1S cmJ; - &'18' (15-45 em);
FtJIurt Pottntlal .. Site of Part · lMi RatIng . Hmrd Ratlno 3 - 18-30'" (4~.75 em): 4 . >30" ('N em)
-3 · ~ + .--11- lmJ8t rallng: t. ocwlollll u a; Z lntermltte'" uae:
3 - trtqutnt u.. 4 . eonstal'lt USI
HAZARD ABATEMENT
,",Ill: a remove defective part Cl muca end w';llhr o crown clean 01tt1n CJ raI!t canopy CJ crown reduce 0 IVUcturt C '''.pe
C.,ellraCl: --
'lIPid fuI1her: D root crOWll O( teaY 0 aerial 0 mantfor
IlftGYIln.: (!) N R''1faCla1 @N MlIVallrvK Y &? Other: -
a. IdllClnt III'S: ~ l10IIlS CJ MUIbl
atfRutloll: 0 owner ~l18Uer OOOlllmtnv IQlncy Date: " -13-h:t
OMMENTS .
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~
WOODBURN
13B
A~'~
l.,orporaltd i8S9
.
.
September 24, 2007
TO: Honorable Mayor and City Council through City Administrator
Via: Scott D. Russell, Chief of Police V
-R'"
From: Thomas P. Tennant, Captain \
SUBJECT: Liquor License Change of Ownership - limited On-Premises Sales
RECOMMENDATION:
The Woodburn City Council recommend a change of ownership application for
Mugsy's Bagels.
BACKGROUND:
Applicant: Hol-Ken, LLC.
1585 N. Pacific Hwy., Suite F
Woodburn, Oregon 97071
Ph: 541-905-6505
Business: Mugsy's Bagels
1585 N. Pacific Hwy, Suite F
Woodburn, Or. 97071
Owner: Scott, Steve Henry
3525 22nd Ct. S.E.
Albany, Or. 97322
Ph: 541-905-6505
Owner: Klein, Jesse Ryan
3967 Pacific Cir #33
Hubbard, Or. 97032
Ph: 91~215-1219
Agenda Item Review:
Cify Administrat~ Cify Attorney tJf&~
Finance
34
Mayor and City Council
September 24, 2007
Page 2
.
.
License Type: Umited On-Premise Sales - Permits beer, wine and cider sales for
on-premises consumption only, and the sale of kegs of malt
beverages.
On August 29, 2007 the Woodburn Police Department received an application
requesting a change of ownership for Fonzies Deli located at 1585 N. Pacific
Hwy, Suite F. The above-mentioned applicants have purchased the business
and are applying for a license. The business will be renamed Mugsy's Bagels.
Fonzies Deli had a limited On-Premise Sales Permit, which is the same permit
being applied for by the applicant.
The business will be open from 7:00 am to 9:00 pm Monday through Friday and
from 9:00 am to 9:00 pm on Saturday and Sunday. The applicant advises the
business will be selling beer along with serving food during normal business hours.
The police department has received no communication from the public or
surrounding businesses in support of or against the change of ownership.
DISCUSSION:
The police department has completed a background investigation on the
applicant and found nothing of a questionable nature, which would preclude
the issuance of this liquor license.
FINANCIAL IMP ACT:
None
35
OREGON L1aUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATION
PLEASE PRINT OR TYPE
Application is being' made for:
LICENSE TYPES
[J Full On-Premises Sales ($402.60/yr)
I:J Commercial Establishment
I:J Caterer
I:J Passenger Carrier
I:J Other Public Location
I:J Private Club
P5 Limited On-Premises Sales ($202.60/yr)
I:J Off.Premises Sales ($100/yr)
I:J with Fuel Pumps
I:J Brewery Public House ($252.60)
I:J Winery ($250/yr)
I:J Other:
Apolyin9 as:
[J Individuals I:J Limited [J Corporation
Partnership
. ~ IS fJO
!~_I~.
f
ACTIONS
}Q. Change Ownership
I:J New Outlet
I:J Greater Privilege
[J Additional Privilege
o Other
FOR 'CITY AND COUNTY USE ONLY
The city council or county commission:
(name of city or county)
recommends that this license be:
Granted CJ
Denied CJ
By:
(signature)
Name:
TItle:
(date)
'1U:imited Liability
Company
OlCC USE ONLY
Application Rec'd by: cu:c.. fX'~~
Date: ~I~ (D7
90-day authori: ~ ~ ~o! V E
1. Applicant(s).: [See SECTI9-.N 1 of t';?GUide1
(j) t40 I..... l!+tJ I L LC.. .
'\ I I _. \
~
ION
<ID
(4)
AUG ~ () 2Q07
- . . -c1 ostGIONAL OFFICE
5. Business Numbers:
"
2. Trade Name (dba):_
,
-
3. Business Location:
(num
4. Business Mailing Address:
(PO box, number, street, rural route)
(phone)
6, Is the business a~ location currently licensed by OlCC? ~es lJNo
7,lfyestowhom:, m~t'e. Type?n..:
8. Former Business Name: W S a
9. Will you have a manager? [JYes ~ Name: P &
( anag r st fill 0" " Individual history form)
10. What is the local governing body where your business is located? ~
s: name of city or county)
t~w?P"u ~~es
~
Date 2i.,).:Ar
Date~;-
1-800-452-OLCC (6522)
www.olcc.state.or.us
Date
Date
36
A~ ,~13C
WOODBlL~N
i.corpor.ltd 1889
.
.
September 24, 2007
FROM:
Honorable Mayor and City Council through City Administrator
Jim Row, Community Services DirectorJ I'
TO:
SUBJECT:
Oregon Department of Human Services Grant Agreement
RECOMMENDATION:
Authorize the City Administrator to enter into a Grant Agreement from the
Oregon Department of Human Services. The $18,333 grant was awarded to the
RSVP program in support of efforts to provide volunteer opportunities to Marion
County residents aged fifty-five (55) years of age or older.
BACKGROUND:
The City has sponsored the Marion County RSVP project since 1975. Oregon's 15
RSVP projects have been the recipient of State funds, since 1995. Previously,
these funds were funneled through the Oregon Association of RSVP Directors
(OARSVP) and distributed to each project annually. Until this year, Woodburn's
RSVP project received $7,000 annually through the OARSVP distribution formula.
This $18,333 grant is issued for the 2007-2009 biennium, resulting in a 31% increase
in State funding.
DISCUSSION:
Nationally, RSVP programs connect volunteers aged 55 and over with service
opportunities in their communities, which match their skills and availability. From
building houses to immunizing children, from enhancing the capacity of non-
profit organizations to improving and protecting the environment, RSVP
volunteers put their time and talents to work, making positive contributions to
their communities. RSVP programs are federally sponsored by the Corporation
for National and Community Service.
Agenda Item Review: City Administrat
Finance
37
Honorable Mayor and City Council
September 24, 2007
Page 2
.
.
FINANCIAL IMPACT:
The 2007-2008 annual budget for the City's RSVP program is $94,088. This
granting program results in a $4,333 (31 %) increase in State funding for the 2007-
2009 biennium. Federal funding is $57,051 annually.
38
...
Grant Agreement No. 122249
DEPARTMENT OF HUMAN SERVICES
GRANT AGREEMENT
In compliance with the Americans with Disabilities Act, this document is
available in alternate formats such as Braille, large print, audio tape, oral
presentatio~ and electronic format. To request an alternate format call the
S tate of Orego~ Department of Human Services, Office of Forms and
Document Management at (503) 373-0333, Fax (503) 373-7690, or TIY
(503) 947-5330.
This Grant Agreement is entered into between the State of Oregon, acting by
and through its Department of Human Services, hereinafter referred to as
"DHS", and
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Telephone Number: 503-982-5255
Fax Number: 503-980-2448
E-mail Address:rsvp@ci.woodburn.or.us
hereinafter referred to as " "Recipient."
Work to be performed under this Grant Agreement relates principally to
DHS'
Department of Human Services
Senior & People with Disabilities
Contract Administrator: Rhonda Buedefeldt
676 Church Street NE
Salem OR 97301
Telephone: 503-373-1854
FacsimUe: 503-373-1133
G'"(lIlr '" J 222-19 \1'(1/11
Page 1
39
,
WHEREAS, ORS 409.110(2), 410.010 and 410.020 authorize DHS to
provide financial grants to non-profit organizations to utilize the talents
of older Oregonians by providing volunteer opportunities for those fifty-
:five (55) years of age and older to assist Oregon's youth, aging,
disabled, and those populations effected by incarceration. Volunteer
opportunities are to include structured health and public wellness
programs, educational tutoring and mentoring, public safety
projects/programs, consumer protection, and mentoring.
1. This Agreement shall become effective on the date this Agreement
is fully executed and approved as required by applicable law, or on
July 31, 2007, whichever date is later. Unless extended or
terminated earlier in accordance with its terms, this Agreement
shall expire on June 30, 2009 (the ''Termination Date").
Agreement termination or expiration shall not extinguish or
prejudice DHS' right to enforce this Agreement with respect to any
default by Agency that has not been cured.
2. Disbursement and Recovery of Grant Moneys. DHS shall
disburse grant funds to Recipient for use in accordance with the
terms and conditions of this Agreement, DHS shall provide
Recipient with a maximum of $18,333.00 (the "Grant") as set forth
herein.
a. Disbursement Generally. Subject to sections 1, and 3(b),
DHS shall disburse the Grant moneys following Recipient's
submittal to DHS as follows:
i. $3,666.60 after receipt of Work Plan for fiscal year 2007-
2008.
n. $3,666.60 after receipt of July '07 - December '07 activity
report.
ili. $3,666.60 after receipt of January '08 - June '08 activity
report and 2008-2009 annual Work Plan.
iv. $3,666.60 after receipt of July '08 - December '08 activity
report.
v. $3,666.60 after receipt of January '09 - July '09 activity
report.
Gran'" J 121.J9lf'OIll
Page 2
40
b. Conditions Precedent to Disbursement. DHS' obligation to
disburse financial assistance to Recipient under this Agreement is
subject to satisfaction, with respect to each disbursement, of each of
the following conditions precedent:
i. DHS has received sufficient funding, appropriations, and other
expenditure authorizations to allow DHS, in the exercise of its
reasonable administrative discretion, to make the disbursement.
ii. No default as described in section 9 has occurred.
iiL Recipient's representations and warranties set forth in section
4 are true and correct on the date of disbursement with the
same effect as though made on the date of disbursement.
iv. DHS has received a request for fund disbursement in form and
substance satisfactory to OHS.
c. Use, Availability and Recovery of Grant Funds.
i. Use of Grant Funds. The Recipient of grant funds, pursuant
to this Grant Agreement with the State of Oregon, shall assume
sole liability for Recipient's breach of the conditions of the
grant, and shall, upon Recipient's breach of grant conditions
that causes or requires the State of Oregon to return funds to
the grantor, hold harmless and indemnify the State of Oregon
for an amount equal to the funds which the State of Oregon is
required to pay to grantor.
ii. Funds Available and Authorized. OHS certifies at the time
this Grant Agreement is written that sufficient funds are
available and authorized for expenditure to finance costs of this
Grant Agreement within the OHS' biennial appropriation or
limitation. Recipient understands and agrees that DHS'
payment of amounts under this Grant Agreement attributable to
work performed after the last day of the current biennium is
contingent on OHS receiving from the Oregon Legislative
Assembly sufficient appropriations, limitations, or other
expenditure authority to make payments as required under this
Grant Agreement. In the event the Oregon Legislative
0/'01111::/111/911'0111
Page 3
41
Assembly fails to approve sufficient appropriations,
limitations, or other expenditure authority, DHS may terminate
this Grant Agreement, without penalty or liability to DHS,
effective upon the delivery of written notice to Recipient with
no further liability to Recipient.
iii. Recovery of Grant Moneys. Any Grant moneys disbursed to
Recipient under this Agreement that are expended in violation
or contravention of one or more of the provisions of this
Agreement ("Misexpended Funds") or that remain unexpended
upon the earlier of tennination or expiration of this Agreement
or the Availability Termination Date ("Unexpended Funds")
must be returned to DHS. Recipient shall return all
Misexpended Funds and Unexpended Funds to DHS promptly
after DHS' written demand and no later than 15 days after
DHS' written demand
4. Representations and Warranties. Recipient represents and warrants
to DHS as follows:
a. Organization and Authority. Recipient is a governmental entity
duly organized and validly existing under the laws of the State of
Oregon. Recipient has full power, authority, and legal right to
make this Agreement and to incur and perform its obligations
hereunder.
b. Due Authorization. The making and performance by Recipient of
this Agreement: (i) have been duly authorized by all necessary
action of Recipient, (ii) do not and will not violate any provision of
any applicable law, rule, regulation, or order of any court,
regulatory commission, board, or other administrative agency or
any provision of Recipient's Articles of Incorporation or Bylaws,
and (iii) do not and will not result in the breach ot: or constitute a
default or require any consent under any other agreement or
instrument to which Recipient is a party or by which Recipient or
any of its properties may be bound or affected. No authorization,
consent, license, approval ot: filing, registration with, or
notification to any governmental body or regulatory or supervisory
authority is required for the execution, delivery, or performance by
Recipient of this Agreement.
(Tmllt =J 222./911'<111I
Page 4
42
c. Binding Obligation. This Agreement has been duly executed and
delivered by Recipient and constitutes a legal, valid and binding
obligation of Recipient, enforceable in accordance with its terms
subject to the laws of bankruptcy, insolvency, or other similar laws
affecting the enforcement of creditors' rights generally.
The warranties set forth above are in addition to, and not in lieu of, any
other warranties set forth in this Agreement or implied by law.
S. Expenditure of Grant Moneys. Recipient may expend the Grant
moneys solely to cover costs necessarily incurred by Recipient in
operating the Program and subject to the following restrictions and any
other restrictions imposed by other provisions of this Agreement or by
applicable law.:
a. Recipient may not use the Grant moneys to retire any debt or to
cover any costs incurred prior to July 31,2007 or after the
Availability Termination Date;
b. At least 90% of the Grant moneys must be expended on direct
program services delivered as part of the project and no more than
ten percent may be used to cover administrative costs.
6. Records Maintenance, Access, and Confidentiality.
a. Access to Records and Facilities. DHS, the Secretary of State's
Office of the State of Oregon, the Federal Government, and their
duly authorized representatives shall have access to the books,
documents, papers and records of Recipient that are directly related
to this Agreement or the Grant moneys provided hereunder for the
purpose of making audits and examinations. In addition, DHS, the
Secretary of State' s Office of the State of Oregon, the Federal
Government, and their duly authorized representatives may make
and retain excerpts, copies and transcriptions of the foregoing
books, documents, papers and records other than those books,
documents, papers and records detailing the delivery of specific
Program services to specific individuals. Recipient shall permit
Gram::./ 111~9W(/1I1
Page 5
43
authorized representatives ofDHS to perform site reviews ofall
services delivered as part of the Program.
b. Retention of Records. Recipient shall retain and keep accessible
all books, documents, papers, and records, which are directly
related to this Agreement or the Grant moneys for a minimum of
five (5) years, or such longer period as may be required by other
provisions of this Agreement or applicable law, following the
expiration or termination of this Agreement. If there are
unresolved audit questions at the end of the five-year period,
Recipient shall retain the records until the questions are resolved.
c. Expenditure Records. Recipient shall document the expenditure
of all Grant moneys disbursed by DHS under this Agreement and
the expenditure or utilization of all matching resources required by
section 7, if any. Unless applicable federal law requires Recipient
to utilize a different accounting syste~ Recipient shall create and
maintain all expenditure records in accordance with generally
accepted accounting principles and in sufficient detail to permit
DHS to verify how the Grant moneys were expended and how the
matching resources were expended or utilized.
d. Confidentia6ty. Recipient may not disclose to a third party any
information concerning a recipient of services financed in whole or
in part with Grant moneys unless such disclosure is directly
connected with the administration of Recipient' s responsibilities
with respect to those services and the disclosure is otherwise
permissible under applicable state and federal confidentiality laws
or the service recipient provides written consent to the disclosure.
7. Unobligated Funds. Recipient agrees to return to DHS all unobligated
funds 60 days prior to the expiration date of this agreement. Unobligated
funds are those funds not necessary to continue the Work at the authorized
level through the expiration date of this agreement.
8. Reporting Requirements. Recipient shall provide to DHS, on a form
designated by DHS, semi-annual reports on activities. Said report will
include:
1. Name of volunteer program(s) supported by said grant award
during the six-month period, and;
Gralll ==/1211911"01/1
Page 6
44
2. Total grant funds each program utilized during the six-month
reporting period for direct program services;
3. Number ofunduplicated individuals served in each program
during the six-month reporting period;
4. Number of volunteer service hours provided in each program
during the six-month reporting period;
5. Dollar value of total volunteer hours for each supported
program during the six-month reporting period;
6. Total grant funds utilized during the six-month reporting period
for 'administrative' cost as defined in OMB A-122 paragraph
C. subparagraph 3.
7. Such other information as DHS may reasonably request.
9. Default. Recipient shall be in default under this Agreement upon the
occurrence of any of the following events:
a. Recipient fails to perform, observe, or discharge any of its
covenants, agreements or obligations set forth herein;
b. Any representation, warranty or statement made by Recipient
herein, or in any documents or reports relied upon by DHS to
monitor operation of the Program, the expenditure of Grant moneys
or the performance by Recipient, is untrue in any material respect
when made;
c. Recipient: (i) applies for or consents to the appointment of, or
taking of possession by, a receiver, custodian, trustee, or liquidator
of itself or all of its property, (ii) admits in writing its inability, or is
generally unable, to pay its debts as they become due, (iii) makes a
general assignment for the benefit of its creditors, (iv) is
adjudicated a bankrupt or insolvent, (v) commences a voluntmy
case under the Federal Bankruptcy Code (as now or hereafter in
effect), (vi) files a petition seeking to take advantage of any other
law relating to bankruptcy, insolvency, reorganization, winding-up,
or composition or adjustment of debts, (vii) fails to controvert in a
timely and appropriate manner, or acquiesces in writing to, any
petition filed against it in an involuntary case under the Bankruptcy
Code, or (viii) takes any action for the purpose of effecting any of
the foregoing; or
Gram ~1111./911'01II
Page 7
45
d. A proceeding or case is commenced, without the application or
consent of Recipient, in any court of competent jurisdiction,
seeking: (i) the liquidation, dissolution or winding-up, or the
composition or readjustment of debts, of Recipient, (ii) the
appointment of a trustee, receiver, custodi~ liquidator, or the like
of Recipient or of all or any substantial part of its assets, or (ill)
similar relief in respect to Recipient under any law relating to
bankruptcy, insolvency, reorganization, winding-up, or composition
or adjustment of debts, and such proceeding or case continues
undismissed, or an order, judgment, or decree approving or
ordering any of the foregoing is entered and continues unstayed and
in effect for a period of sixty consecutive days, or an order for relief
against Recipient is entered in an involuntary case under the
Federal Bankruptcy Code (as now or hereafter in effect).
10. Remedies upon Default. If Recipient's default is not cured within 30
calendar days of written notice thereof to Recipient from DHS or such
longer period as DHS may authorize in its sole discretion, DHS may
pursue any remedies available under this Agreement, at law or in equity.
Such remedies include, but are not limited to, termination of this
Agreement, return of all or a portion of the Grant moneys, payment of
interest earned on the Grant moneys, and declaration of ineligibility for
the receipt of future grant awards from DHS. It: as a result of
Recipient's default, DHS demands return of all or a portion of the Grant
moneys or payment of interest earned on the Grant moneys, Recipient
shall pay the amount upon DHS' demand.
11. Termination.
a.. DHS Termination. DHS may terminate this Agreement:
i. For its convenience, upon 30 calendar days advance written
notice to Recipient.
ii. Immediately upon written notice to Recipient, ifDHS does not
obtain funding, appropriations and other expenditure
authorizations from federal, state and other sources sufficient
to meet the payment obligations ofDHS under this Agreement.
Gral1(::J 111./9 WGm
Page 8
46
ili. Immediately upon written notice to Recipient if state or federal
laws, regulations or guidelines are modified, changed or
interpreted in such a way that DHS does not have the authority
to provide Grant moneys for the Program or no longer has the
authority to provide the Grant moneys from the funding source
it had planned to use.
iv. Upon 30 calendar days advance written notice to Recipient, if
Recipient is in default under this Agreement and such default
remains uncured at the end of said 30 day period or such longer
period, if any, as DHS may specify in the notice.
v. Immediately upon written notice to Recipient, if any license or
certificate required by law or regulation to be held by Recipient
to operate the Program is for any reason denied, revoked,
suspended, not renewed or changed in such a way that
Recipient no longer meets requirements to operate the
Program.
vi. Immediately upon written notice to Recipient, ifDHS
determines that Recipient has endangered or is endangering the
health or safety of an individual receiving services as part of
the Program or others.
b. Recipient Termination. Recipient may terminate this Agreement
for its convenience, upon 90 calendar days advance written notice
to DHS.
c. Mutual Termination. The Agreement may be terminated
immediately upon mutual written consent of the parties or at such
other time as the parties may agree in the written consent.
12. Etfed of Termination. Upon termination of this Agreement, DHS
shall have no further obligation to disburse Grant moneys to Recipient,
whether or not the entire Grant has been disbursed to Recipient, and
Recipient's authority to expend previously disbursed Grant moneys
shall end. Termination of this Agreement shall not affect Recipient's
obligations under this Agreement or DHS' right to enforce this
Agreement against Recipient in accordance with its terms, with respect
to Grant moneys actually received by Recipient under this Agreement,
Gran' =1 JJJ.J9l,'om
Page 9
47
or with respect to portions of the Program actually implemented.
Specifically, but without limiting the generality of the preceding
sentence, termination of this Agreement shall not affect Recipient's
representations and warranties, reporting obligations, record-keeping
and access obligations, confidentiality obligations, obligation to comply
with applicable federal requirements, the restrictions and limitations on
Recipient's expenditure of Grant moneys actually received by Recipient
hereunder, or DHS' right to recover from Recipient, in accordance with
the terms of this Agreement, any Grant moneys disbursed to Recipient
that are identified as Misexpended Funds or Unexpended Funds.
14. GeneraL
a. Notice. Except as otherwise expressly provided in this Agreement,
any communications between the parties hereto or notices to be
given hereunder shall be given in writing by personal delivery,
facsimile, or mailing the same, postage prepaid to Recipient or
DHS at the address or number set forth below, or to such other
addresses or numbers as either party may indicate pursuant to this
section. Any communication or notice so addressed and mailed
shall be effective five (5) days after mailing. Any communication
or notice delivered by facsimile shall be effective on the day the
transmitting machine generates a receipt of the successful
transmission, if transmission was during normal business hours of
the recipient, or on the next business day, if transmission was
outside normal business hours of the recipient. To be effective
against DHS, any notice transmitted by facsimile must be
confirmed by telephone notice to DHS' Office of Contracts and
Procurement (503) 373-7889. Any communication or notice given
by personal delivery shall be effective when actually delivered.
Notices to DHS:
Office of Contracts & Procurement
Department of Human Services
500 Summer Street NE, E-03
Salem, Oregon 97301
Telephone Number: 503-945-5818
Fax Number: 503-378-4324
Gran':: J 222-19lfOlIl
Page 10
48
Notices to Recipient:
Retired Senior Volunteer Program
As set forth on Page One of this Grant Agreement
b. Severability. The parties agree that if any teon or provision of this
Agreement is declared by a court of competent jurisdiction to be
illegal or in conflict with any law, the validity of the remaining
terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular term or provision held to
be invalid.
c. Counterparts. This Agreement may be executed in several
counterparts, all of which when taken together shall constitute one
agreement binding on all parties, notwithstanding that all parties are
not signatories to the same counterpart. Each copy of this
Agreement so executed shall constitute an original.
d. Governing Law, Consent to Jurisdiction. This Agreement shall
be governed by and construed in accordance with the laws of the
State of Oregon without regard to principles ofcontlicts of law.
Any cl_ action, suit or proceeding (collectively, "Claim")
between DHS (and/or any other agency or department of the State
of Oregon) and Recipient that arises from or relates to this
Agreement shall be brought and conducted solely and exclusively
within the Circuit court of Marion County in the State of Oregon.
In no event shall this section be construed as a waiver by the State
of Oregon of any form of defense or immunity, whether sovereign
immunity, governmental immunity, immunity based on the
eleventh amendment to the Constitution of the United States or
otherwise, from any Claim or from the jurisdiction of any court.
RECIPIENT, BY EXECUTION OF THIS AGREEMENf,
HEREBY CONSENTS TO THE IN PERSONAM JURISDICfION
OF SAID COURTS.
e. Compnance with Law. Recipient shall comply with all federal,
state, and local laws, regulations, executive orders, and ordinances
applicable to the Agreement or to the operation of the Program.
Without limiting the generality of the foregoing, Recipient
Grallf ::111:!./911'olll
Page 11
49
expressly agrees to comply with the following laws~ regulations and
executive orders to the extent they are applicable to the Agreement:
(a) all applicable requirements of state civil rights and rehabilitation
statutes, rules and regulations~ (b) ORS 659A.400 to 659A.406,
ORS 659A.145 and all regulations and administrative rules
established pursuant to those laws in the construction, remodeling~
maintenance and operation of any structures and facilities, and in
the conduct of all programs, services and training associated with
the operation of the Program, and ( c) the federal laws, regulations
and executive orders described on Exhibit B~ attached hereto and
incorporated herein by this reference. These laws~ regulations, and
executive orders are incorporated by reference herein to the extent
that they are applicable to the Agreement and required by law to be
so incorporated DHS' performance under this Agreement is
conditioned upon Recipient's compliance with the Conditions
concerning payment, contribution~ liens and withholding (as
defined in ORS 279B.220)~ Conditions concerning salvaging~
recycling~ composting or mulching yard waste material (as defined
in ORS 279B.235), Conditions concerning payment for medical
care and providing workers~ compensation (as defmed in ORS
279B.230), and Conditions concerning hours of labor (as defined in
ORS 2798.270), which are incorporated by reference herein.
Recipient shall~ to the maximum extent economically feasible in
operation of the Program, use recycled paper (as defined in ORS
279A.OIO(l)(ee)), recycled PETE products (as defined in ORS
279A.OI0(1)(fl)), and other recycled products (as "recycled product"
is defined in ORS 279A.OIO(l)(gg)). All employers, including
Recipient, that employ subject workers who provide services in the
State of Oregon shall comply with ORS 656.017 and provide the
required Workers ~ Compensation coverage, unless such employers
are exempt under ORS 656.126.
f. Assignment of Agreement, Su~~essors in Interest.
i. Recipient shall not assign or transfer any interest in this
Agreement, enter into any subcontracts, or subgrant any Grant
moneys, without the prior written approval ofDHS. Any such
assignment, transfer, subcontract, or subgrant, if approved, is
subject to such conditions and provisions, as the DHS may
deem necessary. In addition to any other provisions DHS may
Grallt == J 22 2./911'011I Page 12
50
require, Recipient shall include in any permitted subcontract
and in any contract implementing any permitted subgrant of
Grant moneys, a requirement that the subRecipient or
subgrantee be bound by sections 14(e), (t), (1), (n) and (0) of
this Agreement as if the subcontrator or subgrantee were the
Recipient hereunder. No approval by DHS of any assignment,
transfer, subcontract or subgrant shall be deemed to create any
obligation of DHS in addition to those set forth in the
Agreement nor will DHS' approval of an assignment, transfer,
subcontract or subgrant relieve Recipient of any of its duties or
obligations under this Agreement.
ii. The provisions of this Agreement shall be binding upon and
shall inure to the benefit of the parties hereto, and their
respective successors and permitted assigns.
g. No Third Party Beneficiaries. DHS and Recipient are the only
parties to this Agreement and are the only parties entitled to enforce
its terms. The parties agree that Recipient's performance under this
Agreement is solely for the benefit ofDHS to assist and enable
DHS to accomplish its statutory mission. Nothing in this
Agreement gives, is intended to give, or shall be construed to give
or provide any benefit or right, whether directly, indirectly or
otherwise, to third persons any greater than the rights and benefits
enjoyed by the general public unless such third persons are
individually identified by name herein and expressly described as
intended beneficiaries of the terms of this Agreement.
h. Integration and Waiver. This Agreement, consists of this
document including all Exhibits, which are incorporated into this
Agreement by reference:
i.. Exhibit A:
ii. Exhibit B:
iii. Exhibit C:
Reserved
Required Federal Terms and Conditions
Reserved
There are no understandings, agreements, or representations, oral or
written, not specified herein regarding this Agreement. The failure
of either party to enforce any provision of this Agreement shall not
constitute a waiver by that party of that or any other provision.
Gram'" J 22 2./9l'"W/I
Page 13
51
L Amendment. No waiver, consent, modification or change oftenns
of this Agreement shall bind either party unless in writing and
signed by both parties and when required the Department of Justice.
Such waiver, consent, modification, or change, ifmade, shall be
effective only in the specific instance and for the specific purpose
given. Recipient, by signature of its authorized representative,
hereby acknowledges that it has read this Agreement, understands
it, and agrees to be bound by its terms and conditions.
j. Headings. The headings and captions to sections of this
Agreement have been inserted for identification and reference
purposes only and shall not be used to construe the meaning or to
interpret this Agreement.
k. Construction. The parties agree and acknowledge that the rule of
construction that ambiguities in a written agreement are to be
construed against the party preparing or drafting the agreement
shall not be applicable to the interpretation of this Agreement.
L Independent Recipients. The parties agree and acknowledge that
their relationship is that of independent contracting parties and that
Recipient is not an officer, employee, or agent of the State of
Oregon as those terms are used in ORS 30.265 or otherwise.
m. Force Majeure. Neither DHS nor Recipient shall be held
responsible for delay or default caused by fire, civil unrest, natural
causes, and war which is beyond, respectively, DHS' or Recipient's
reasonable control. Each party shall, however, make all reasonable
efforts to remove or eliminate such cause of delay or default and
shall, upon the cessation of the cause, diligently pursue
performance of its obligations under this Agreement.
n. Insurance. During the term of this Agreement, Recipient shall
maintain in force at its own expense, each insurance noted below:
L Required by DHS of Recipients with one or more workers, as
defined by ORS 656.027.
Grollt ;:. J:!11.J911'UIII
Page 14
52
Workers' Compensation: All employers, including Recipien~
that employ subject workers who work under this Agreement,
as defmed in ORS 656.027, shall comply with ORS 656.017
and shall provide the Workers' Compensation insurance
coverage for those workers, unless they meet the requirement
for an exemption under ORS 656.126(2). Recipient shall
require and ensure that each of its subrecipient's complies with
these requirements.
0. Professional Liability insurance with a combined single limit,
or the equivalen~ of not less than $1,000,000.00 each claim,
incident or occurrence. This is to cover damages caused by
error, omission or negligent acts related to the professional
services to be provided under this Agreement.
lit General Liability insurance with a combined single limit, or
the equivalen~ of not less than $1,000,000.00 each occurrence
for Bodily Injury and Property Damage. It shall include
contractual liability coverage for the indemnity provided under
this Agreement. It shall provide that the State of Oregon,
Department of Human Services (DHS) and its divisions,
officers and employees are Additional Insureds but only with
respect to the Recipient's services to be provided under this
Agreement.
iv. Commercial Automobile Liability insurance with a combined
single limi~ or the equivalen~ of not less than $1,000,000.00
each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as
applicable. It shall provide that the State of Oregon,
DepartmeIit of Human Service and their divisions, officers and
employees are Additional Insured but only with respect to the
Recipient's services to be provided under this Agreement.
v. Notice of cancellation or change. There shall be no
cancellatio~ material change, reduction of limits or intent not
to renew the insurance coverage(s) without 30 days prior
written notice from the Recipient or its insurer(s) to DHS.
Gran' =1222./9 u-om
Page 15
53
vi. Certificates of insurance. As evidence of the insurance
coverages required by this Agreement, the Recipient shall
furnish acceptable insurance certificates to DHS upon request.
The certificate will specifY all of the parties who are Additional
Insureds. Insuring companies or entities are subject to State
acceptance. If requested, complete copies of insurance policies,
trust agreements, etc. shall be provided to the State. The
Recipient shall be financially responsible for all pertinent
deductibles, self-insured retentions and/or self-insurance.
o. Indemnity. Recipient shall defend, save, hold hannless, and
indemnifY the State of Oregon and DHS and their officers,
employees and agents from and against all claims, suits, actions,
losses, damages, liabilities, costs and expenses of any nature
resulting from or arising out ot: or relating to the activities of
Recipient or its offers, employees, Recipients, or agents under this
Agreement or in operation of the Program.
Remainder of this Page Intentionally Blank
Oralll:l./212./9I1'0I/1
Page 16
54
15. Recipient Data and Certification
a. Recipient Tax Identification and Insurance Information. Recipient shall
provide Recipienfs Social Security number or Recipient's federal tax ID number
and the additional information set forth below. This information is requested
pursuant to ORS 305.385 and OAR 125-246-0330(2). Social Security Numbers
provided pursuant to this Section will be used for the administration of state,
federal and local tax laws.
Please print and/or type the foBowing information
Recipient Name (exactly as filed with the IRS)
Address
Telephone: ( ) Facsimile: ()
Citizenship (check one): Nonresident alien [ ] YES [] No
Proof of Insurance:
Workers Compensation Insurance Company
Policy # Expiration Date:
Professional Liability Insurance Company
Policy # Expiration Date:
General Liability Insurance Company
Policy # Expiration Date:
Auto Insurance Company
Policy # Expiration Date:
Business Designation (check one):
[ ] Professional Corporation [ ] Partnership [ ] Limited Partnership
[ ] Limited Liability Company [ ] Limited Liability Partnership
[ ] Corporation [ ] Sole Proprietorship
[ ] Governmental Entity
Federal Tax I.D.#
The above information must be provided prior to Grant execution. Recipient
shall provide proof of Insurance upon request by DHS or DHS designee.
DHS may report the information set forth above to the Internal Revenue
Service (IRS) under the name and social security number or taxpayer
identification number provided.
Grant "122249 'f'(l1I/
Page 17
55
b. Certification. By signature on this Grant, the undersigned hereby
certifies under penalty of perjury that:
i. The undersigned is authorized to act on behalf of Recipient and
that Recipient is, to the best of the undersigned's knowledge,
not in violation of any Oregon Tax Laws. For purposes of this
certification, "Oregon Tax Laws" means a state tax imposed by
ORS 401.792 to 401.816 (Tax for Emergency
Communications), 118 (Inheritance Tax), 314 (Income Tax),
316 (Personal Income Tax), 317 (Corporation Excise Tax), 318
(Corporation Income Tax), 320 (Amusement Device and
Transient Lodging Taxes), 321 (Timber and Forestland Tax),
323 (Cigarettes and Tobacco Products Tax), and the elderly
rental assistance program under ORS 310.630 to 310.706; and
any local taxes administered by the Department of Revenue
under ORS 305.620;
ii. The number shown in Section 15.a is Recipient's correct
taxpayer identification and all other information provided in
Section 15.a is true and accurate;
iii. Recipient is not subject to backup withholding because:
1) Recipient is exempt from backup withholding;
2) Recipient has not been notified by the IRS that Recipient
is subject to backup withholding as a result of a failure to
report all interest or dividends; or
3) The IRS has notified Recipient that Recipient is no longer
subject to backup withholding; and
iv. Recipient is an independent entity as defined in ORS 670.600
and ORS chapters 316,656,657, and 701.
RECIPIENT, BY EXECUTION OF THIS AGREEMENT, HEREBY
ACKNOWLEDGES THAT RECIPIENT HAS READ TmS
AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS.
Gram::1 :!J1./9wam
Page 18
56
~
DDS HAS NO OBLIGATION TO RELEASE FUNDING UNDER
TIDS GRANT PRIOR TO NECESSARY STATE APPROVALS.
IN WITNESS WHEREOF, THE PARTIES BY THEIR RESPECTIVE
SIGNATURES HERETO HAVE EXECUTED TillS AGREEMENT AS
OF THE DATES SET FORTH BELOW.
SIGNATURES
Approved By Recipient:
Authorized Signature
Title
Date
Approved By DDS
Authorized Signature
Title
Date
Approved for Legal Sufficiency:
N/A OAR 137-045-0030(1)(b)
Assistant Attorney General Signature
Date
Reviewed by DDS Contract Specialist:
Authorized Signature
Name (printed)
Date
Reviewed by SPD:
Authorized Signature
Name (printed)
Date
Gralll:;} 121./9WGII1
Page 19
57
.;
GRANT AGREEMENT
EXHIBIT A
SCOPE OF WORK
1. Grant Award of$18,333.00 allocated to Recipient to sustain non-
profit programs/projects in offering volunteer engagement of
Oregonians fifty-five (55) years of age and older.
2. Authorized volunteer opportunities provide sustaining benefit to
Oregon's youth, aging, disabled, and individuals whose life has been
altered by incarceration.
3. Acceptable volunteer opportunities include, but are not limited to:
a. Structured health and public wellness programs such as
medication management, respite care, immunization clinics;
peer counseling and communication activities, medication
management;
b. Educational counsel and tutoring such as literacy programs,
community based resource development, after school youth
programs, low-income and minority operated pre-school
programs;
c. Public safety projects/programs such as elder-safety programs
and victims assistance programs;
d. Consumer protection activities;
e. Mentoring programs for foster children, at-risk youth and,
children of incarcerated parents;
f. Money-Management for seniors and people with disabilities;
g. Respite care for families caring for children, seniors and people
with disabilities with special care needs.
Grant ;:1111./911"(/1/1
P:lgc 20
58
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t'
DEPARTMENT OF HUMAN SERVICES
GRANT AGREEMENT
EXHIBIT B
REQUIRED FEDERAL TERMS AND CONDITIONS
Specifically, but without limiting the generality of section 14( e) of the Grant
Agreement, in implementing the Program, Recipient shall comply with the
federal laws, regulations and executive orders described in this Exhibit. For
purposes of this Agreement, all references to federal laws, regulations, and
executive orders are references to federal laws, regulations and executive
orders as they may be amended from time to time.
1. Mistenaneous Federal Provisions. Recipient shall comply with all
federal laws, regulations, and executive orders applicable to the
Agreement or to the operation of the Program. Without limiting the
generality of the foregoing, Recipient expressly agrees to comply with
the following laws, regulations and executive orders to the extent they
are applicable to the Agreement: (a) Titles VI and VII of the Civil
Rights Act of 1964, as amended, (b) Sections 503 and 504 of the
Rehabilitation Act of 1973, as amended, (c) the Americans with
Disabilities Act of 1990, as amended, (d) Executive Order 11246, as
amended, (e) the Health Insurance Portability and Accountability Act of
1996, (f) the Age Discrimination in Employment Act of 1967, as
amended, and the Age Discrimination Act of 1975, as amended, (g) the
Vietnam Era Veterans' Readjustment Assistance Act of 1974, as
amended, (b) all regulations and administrative rules established
pursuant to the foregoing laws, and (i) all other applicable requirements
of federal civil rights and rehabilitation statutes, rules and regulations.
These laws, regulations, and executive orders are incorporated by
reference herein to the extent that they are applicable to the Agreement
and required by law to be so incorporated. No federal funds may be
used to operate the Program in violation of 42 use 14402.
2. Equal Employment Opportunity. If this Agreement, including
amendments, is for more than $10,000, then Recipient shall comply
with Ex.ecutive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR Part 60).
Grall'::'} 122-1911'011I
Page 21
59
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~
3. Clean Air, Clean Water, EPA Regulations. If this Agreemen~
including amendments, exceeds $100,000 then Recipient shall comply
with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 V.S.C. 1857(h)), the Federal
Water Pollution Control Act as amended (commonly known as the
Clean Water Act) (33 D.S.C. 1251 to 1387), specifically including, but
not limited to Section 508 (33 U.S.C. 1368), Executive Order 11738,
and Environmental Protection Agency regulations (40 CFR Part 32),
which prohibit the use under non-exempt Federal contracts, grants or
loans of facilities included on the EPA List of Violating Facilities.
Violations must be reported to the Department, HHS and the
appropriate Regional Office of the Environmental Protection Agency.
4. Energy Efficiency. Recipient shall comply with applicable mandatory
standards and policies relating to energy efficiency that are contained in
the Oregon energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94-163).
5. Truth in Lobbying. Recipient certifies, to the best of Recipient's
knowledge and belief that:
8. No federal appropriated funds have been paid or will be pai~ by or
on behalf of Recipient, to any person for influencing or attempting
to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of
any federal contract, grant, loan or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan or
cooperative agreement, the Recipient shall complete and submit
Standard Form LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions.
Grant:: 1222./9l1'otll
Page 22
60
c. Recipient shall require that the language of this certification be
included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients and
subRecipients shall certifY and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this Agreement was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this Agreement imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
6. IDPAA Compliance. If the Program (or services or activities provided
or conducted as part of the Program) is covered by the Health Insurance
Portability and Accountability Act or the federal regulations
implementing the Act (collectively referred to as IllP AA), Recipient
agrees to operate the Program in compliance with HIP AA. Without
limiting the generality of the foregoing, if the Program (or services or
activities provided or conducted as part of the Program) is covered by
HIP AA, Recipient shall comply with the following:
a. Privacy and Security Of Individually Identifiable Health
Information. Individually Identifiable Health Information about
specific individuals is confidential. Individually Identifiable Health
Information relating to specific individuals may be exchanged
between Recipient and DHS for purposes directly related to the
operation of the Program. However, Recipient shall not use or
disclose any Individually Identifiable Health Information about
specific individuals in a manner that would violate the DHS
Privacy Rules, OAR 410-014-0000 et. seq., or the DHS Notice of
Privacy Practices, if done by DHS. A copy of the most recent DHS
Notice of Privacy Practices may be obtained from DHS
b. Data Transactions Systems. If Recipient intends to exchange
electronic data transactions with DHS in connection with claims or
encounter data, eligibility or enrollment information, authorizations
or other electronic transaction, Recipient shall execute an EDI
Gram'" 1222./9 lJ'UIII
Page 23
61
,9
Trading Partner Agreement with DHS and shall comply with the
DHS EDI Rules.
c. Consultation and Testing. If Recipient reasonably believes that
the Recipient's or Department' data transactions system or other
application of HIP AA privacy or security compliance policy may
result in a violation of HIP AA requirements, Recipient shall
promptly consult DHS' HIP AA officer. Recipient or DHS may
initiate a request for testing of HIP AA transaction requirements,
subject to available resources and DHS' testing schedule.
7. Resource Conservation and Recovery. Recipient shall comply with
all mandatory standards and policies that relate to resource conservation
and recovery pursuant to the Resource Conservation and Recovery Act
(codified at 42 USC 6901 et. seq.). Section 6002 of that Act (codified at
42 use 6962) requires that preference be given in procurement
programs to the purchase of specific products containing recycled
materials identified in guidelines developed by the Environmental
Protection Agency. Current guidelines are set forth in 40 CFR Parts
247-253.
8. Audits. Recipient shall comply with the applicable audit requirements
and responsibilities set forth in the Office of Management and Budget
Circular A-133 entitled "Audits of States, Local Governments and Non-
Profit Organizations."
9. Debarment and Suspension. In operation of the Program, Recipient
shall not purchase goods or services from any person or entity if the
person or entity is listed on the non-procurement portion of the General
Service Administration's "List of Parties Excluded from Federal
Procurement or Nonprocurement Programs" in accordance with
Executive Orders No. 12,549 and No. 12,689, "Debarment and
Suspension" (See 45 CFR part 76). This list contains the names of
parties debarred, suspended, or otherwise excluded by agencies, and
Recipients declared ineligible under statutory authority other than
Executive Order No. 12549. Vendors and Recipients with awards that
exceed the simplified acquisition threshold shall provide the required
certification regarding their exclusion status and that of their principals
prior to award.
Grallf ;:.1222./911'01/1
Page 24
62
','
10. ADA. Recipient shall comply with Title II of the Americans with
Disabilities Act of 1990 (codified at 42 USC 12131 et. seq.) in the
construction, remodeling, maintenance, and operation of any structures
and facilities, and in the conduct of all programs, services and training
included as part of the Program.
11. Pro-Children Act. Recipient shall comply with the Pro-Children Act
of 1995 (codified at 20 USC section 6081 et. seq.).
12. Medicaid Services
Recipient shall comply with all applicable federal and state laws and
regulation pertaining to the provision of Medicaid Services under the
Medicaid Act, Title XIX, 42 USC Section 1396 et. seq., including
without limitation:
a. Keep such records as are necessary to fully disclose the extent of
the services provided to individuals receiving Medicaid assistance
and shall furnish such information to any state or federal agency
responsible for administering the Medicaid program regarding any
payments claimed by such person or institution for providing
Medicaid Services as the state or federal agency may from time to
time request. 42 USC Section 1396a(a)(27); 42 CFR 431.107(b)(I)
&(2).
b. Comply with all disclosure requirements of 42 CFR 1002.3(a) and
42 CFR 455 Subpart (B).
c. Maintain written notices and procedures respecting advance
directives in compliance with 42 USC Section 1396(a)(57) and (w),
42 CFR 431.107(b)(4), and 42 CFR 489 subpart 1.
d. Certify when submitting any claim for the provision of Medicaid
Services that the information submitted is true, accurate and
complete. Recipient shall acknowledge Recipient's understanding
that payment of the claim will be from federal and state funds and
that any falsification or concealment of a material fact may be
prosecuted under federal and state laws.
e. Entities receiving $5 million or more annually (under this
agreement and any other Medicaid contract) for furnishing
Medicaid health care items or services shall, as a condition of
receiving such payments, adopt written fraud, waste and abuse
policies and procedures and inform employees, Recipients and
agents about the policies and procedures in compliance with
Grall' ;;1222./9 11"01/1
Page 25
63
"
Section 6032 of the Deficit Reduction Act of2005, 42 use ~
1396a(a)(68).
Gram::.} 111-19 wam
Page 26
64
13D
~
WOODBURN
l.,.r,.rAted '889
.
TO:
VIA:
FROM:
SUBJECT:
~~
.
September 24, 2007
Honorable Mayor and City Council through Cit~ Ad~i~ator
Randy Rohman. Acting Public Works Director4 ~
Randy Scott, Senior Engineering Technician~
Legion Park Access To Woodburn Police Facility Improvement
RECOMMENDATION:
It is recommended the City Council award construction contract to the lowest
responsible bidder, Rinker Materials for street improvements for Legion Park
Access in the amount of $116,153.15.
BACKGROUND:
The contract is in conjunction with Project 2007-005-38, Bid No. 2008-03 for the
street improvements for the Legion Park Access to the Woodburn Police Facility.
The street improvements include travel lanes, curb on each side, storm drainage
and a security gate.
Bids for the improvement were opened on September 19, 2007. Five responsive
qualified bid proposals were received.
1.
2.
3.
4.
5.
Rinker Materials
D & T Excavation
Knife River
Gelco Construction
Kuenzi Communications
$116,153.15
$1 21, 792.36
$132,130.15
$139,572.50
$148,498.00
Engineers Estimate
$103,918.50
The recommended award is within 10.5% of the Engineers estimate
A bid proposal received from North Santiam Paving Co. did not comply with the
bidding requirements and was deemed informal. One addendum was issued
during bidding process, as required the addendum was not acknowledged or
included with the bidders proposal.
Agenda Item Review: City Administrato _
City Attorney
Finance
65
Honorable Mayor and City Council
September 24, 2007
Page 2
.
.
DISCUSSION:
The access road will be 26 feet in width, asphaltic concrete surface with curbs
both sides. The access road will extend from Park Avenue through the north
portion of Legion Park to the Woodburn Police Facility. One electronic security
gate will be located near the property division between Legion Park and the
Police Facility property.
The land use approval for the access requires substantial landscape
improvements on the north side of the access road for that portion through
Legion Park. This contract does not include that required element of work. Staff
intends to solicit quotes directly from landscape contractors to perform the
work.
The project is identified in the Capital Improvement Program in the 07/08
adopted budget. The contract award is in conformance with public contracting
laws of the State of Oregon as outlined in ORS Chapter 279C and the laws,
regulations of the City of Woodburn, therefore staff is recommending the
contract be awarded.
FINANCIAL IMPACT:
The project cost of $116,153.15 will be funded utilizing approved budgeted
funds, budget line item 358.121.9531.5631.012.
66
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a:::..~ ~~;::-{l.,~ ~....~,.".....,... ..A .'
~
WQ.Q D BURN
Incorp\,rattJ 1889
15A
~~
.
.
September 18, 2007
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Allen, Community Development Director~
SUBJECT: Planning Commission's Approval of Design Review 2007-02, located
at 395 Shenandoah Lane.
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
Kerr Construction, Inc., owns the complex at 395 Shenandoah Lane that
includes an office, storage building, and outdoor storage area. Kerr
Construction, Inc., (Kerr) is a heavy construction business. Kerr desires to
construct a 6,250 square foot storage building that would also include a truck
wash area. The proposed storage building would be located on a portion of
the property that is currently used for outside storage of construction materials
(signs, pipe, barriers, and material for construction) that would subsequently be
moved into the storage building.
On September 13, 2007 the Woodburn Planning Commission held a public
hearing on the case and approved the application unanimously, subject to
conditions of development.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review: City Administra
City Attorney
Finance
67