October 14, 2019 Agenda EIC SWENSON,MAYOR
CITY OF W OO D B U R N DEBBIE CABRAL SRCOUNCILOR WARD 1
LISA ELLSWORTH,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
OCTOBER 14, 2019- 7.00 P.M. ERIC MORRIS,COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. City Hall, the Library, and the Aquatic Center will be closed on
November 11 in observance of Veterans Day.
B. The City Council meeting scheduled for Monday, November 11 has
been moved to Tuesday, November 12.
C. The Aquatic Center will be closed from November 11-15 for
maintenance projects to be completed.
A1212ointments:
None.
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Community Center Presentation
6. COMMUNICATIONS
None.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318 at least 24 hours prior to this meeting.
**Habrd int6rpretes disponibles para aquellas personas Clue no hablan Ingl6s, previo acuerdo.
Comunfquese al (503) 980-2485.**
October 14, 2019 Council Agenda Page i
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda. Comment time will be
limited to 3 minutes.
8. CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A. Woodburn City Council minutes of September 23, 2019 1
Recommended Action: Approve the minutes.
B. Woodburn Planning Commission minutes of August 8, 2019 5
Recommended Action: Receive the minutes.
C. Community Center Citizens Advisory Committee minutes of 8
September 4, 2019
Recommended Action: Receive the minutes.
D. Woodburn Recreation and Park Board minutes of September 11, 2019 13
Recommended Action: Receive the minutes.
E. Leasing Specialists LLC Agreement 19
Recommended Action: That the City Council, acting as the Local
Contract Review Board, authorize a Municipal Lease and Option
Agreement for the lease of police cars from Leasing Specialists LLC at
the lease rate of$53,544.00 per year for the next four years ($214,176.00
total contract price).
F. Building Activity for September 2019 26
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. 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 will be limited to
3 minutes.
A. Council Bill No. 3110 - A Resolution Adopting Local Wastewater 42
Discharge Limits for the Discharge of Pollutants of Concern to the
October 14, 2019 Council Agenda Page ii
Publicly Owned Treatment System and Repealing Resolution No. 1817
Recommended Action: Adopt the attached resolution authorizing
Wastewater Treatment Plant utilization of amended Local Limits for the
Discharge of Pollutants of Concern.
12. 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. Call-Up Briefing: Planning Commission Approval of Conditional Use, 47
Design Review, Street Exception, and Variance Applications for Nellie
Muir Elementary School at 1800 W. Hayes St (CU 2019-05, DR 2019-07,
EXCP 2019-03, & VAR 2019-05)
Recommended Action: Staff recommends no action and briefs the
Council on this item pursuant to Woodburn Development Ordinance
(WDO) Section 4.02.02. The Council may call up this item for review if
desired and, by majority vote, initiate a review of this decision.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
None.
16. ADJOURNMENT
COUNCIL GOALS 2019-2021
Thematic Goals
1. Create an inclusive environment where residents participate and are engaged in the community(thatis vibrant,safe
and active).
2. Promote an environment that encourages sustainable economic health maximizing our geographic, workforce,
cultural and community assets.
Strategic Goals
3. Create an inclusive environment where Woodburn residents want to participate and are engaged in the community.
4. Develop innovative funding sources to help support the completion of capital improvement projects.
5. Grow and support strategic partnerships for economic health.
6. Explore the development of a non-profit consolidation facility.
October 14, 2019 Council Agenda Page iii
7. Improve Communication and Coordination with School District on matters of mutual interest.
8. Completion of the First Street remodel.
9. Completion of Phase 1&2 of the Community Center Project including the formation of an ad hoc steering committee
to review and recommend design.
10. Creation of the Dick Jennings Community Leadership Academy.
11. Develop a strategy to limit PERS liability.
12. Establishment of a Woodburn 20 year community-visioning plan.
October 14, 2019 Council Agenda Page iv
COUNCIL MEETING MINUTES
SEPTEMBER 23, 2019
DATE COUNCIL CHAMBERS,CITY HALL,CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, SEPTEMBER 23, 2019
CONVENED The meeting convened at 7:00 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present
Councilor Carney Present
Councilor Cornwell Present
Councilor Schaub Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Cabrales Present
Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Ferraris,
Economic Development Director Johnk, Operations Director Stultz, Community
Development Director Kerr,Deputy Chief Pilcher, Communications Coordinator Moore, City
Recorder Pierson
WOODBURN POLICE DEPARTMENT SWEARING-IN CEREMONY
Woodburn Police Chief Ferraris administered the oath of office to new Woodburn Police
Officers Josh Mitchell and Josh Rios Noonkester.
Mayor Swenson called for a 15-minute break.
CONSENT AGENDA
A. Woodburn City Council minutes of September 9, 2019,
B. Crime Statistics through August 2019.
Ellsworth/Schaub... adopt the Consent Agenda. The motion passed unanimously.
CATHOLIC COMMUNITY SERVICES FOUNDATION'S REQUEST TO
IMPLEMENT THE STATE LAW PROCESS FOR A PROPERTY TAX EXEMPTION
FOR NONPROFIT CORPORATIONS PROVIDING LOW-INCOME HOUSING
City Administrator Derickson provided a staff report. Councilor Carney declared that he has
an ex-parte contact as he has donates both his time and money to Catholic Charities. Councilor
Ellsworth stated that she lives next to a Catholic Charities property. Mayor Swenson stated
that he would call on those who provided speaker cards for this agenda item.
Josh Graves, Deputy Director of Catholic Community Services, spoke in support of
implementing the state law process for property tax exemption for nonprofit corporations
providing low-income housing. He provided information on the types of services provided by
other similar properties.
Colm Willis, Marion County Commissioner, spoke in favor of implementing the property tax
exemption for nonprofits that provide low-income housing. He also provided a reading of the
Page 1 - Council Meeting Minutes, September 23, 2019
1
COUNCIL MEETING MINUTES
SEPTEMBER 23, 2019
state statute. He stated that there is a serious shortage of housing in Marion County.
Teresa Alonso Leon, State Representative to House District 22, spoke in support of
implementing the property tax exemption for nonprofits that provide low-income housing.
She noted that there is a lack of affordable housing in Oregon and they should think of those
living below the poverty line and may be struggling in their homes.
Jackie Franke, Consultant to Catholic Community Services, spoke in support of implementing
the property tax exemption for nonprofits that provide low-income housing.
Michael Martin, stated that his understanding of this is that if this is allowed for this charity it
will be available to other charities, who would just have to comply with the state statue and
the City would have no choice but to approve the application.He added that his concern would
be whether the City would be stuck without the power to disapprove future applications.
Joe Budge, Woodburn Fire Chief, stated that he is not in support or opposed to this but
provided information on how the exemption for nonprofits that provide low-income housing
would affect the services they provide.
Councilors asked questions and provided comments. Mayor Swenson noted that more
information will be needed and questions answered before a final decision can be made.
COUNCIL BILL NO. 3108 — AN ORDINANCE ADOPTING AN UPDATED
TRANSPORTATION SYSTEM PLAN AND ASSOCIATED WOODBURN
COMPREHENSIVE PLAN TEXT AMENDMENTS (LA 2018-04)
Carney introduced Council Bill No. 3108. City Recorder Pierson read the bill twice by title
only since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Swenson declared Council Bill No. 3108 duly passed.
COUNCIL BILL NO. 3109 — A RESOLUTION AUTHORIZING APPLICATION
FOR-AND ACCEPTANCE OF A DEPARTMENT OF LAND CONSERVATION AND
DEVELOPMENT TECHNICAL ASSISTANCE GRANT; DEMONSTRATING
SUPPORT FOR THE GRANT PROJECT; AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN AND EXECUTE ALL NECESSARY DOCUMENTS TO
THAT EFFECT.
Carney introduced Council Bill No. 3109. City Recorder Pierson read the bill by title only
since there were no objections from the Council. On roll call vote for final passage, the bill
passed unanimously. Mayor Swenson declared Council Bill No. 3109 duly passed.
OPTION TO PURCHASE PROPERTY AT 970 CASCADE DRIVE FUNDED
THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM
Carney/Morris... approve the Option to Purchase Real Property Agreement for 970 Cascade
Drive and authorize the City Administrator to exercise the Option in the event CDBG funding
Page 2 - Council Meeting Minutes, September 23, 2019
2
COUNCIL MEETING MINUTES
SEPTEMBER 23, 2019
is awarded. The motion passed unanimously.
MEMORANDUM OF UNDERSTANDING (MOU) WITH LOVE INC FOR
GOVERNANCE OF THE"WOODBURN FAMILY RESOURCE CENTER"FUNDED
THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM
Carney/Morris... authorize the City Administration to sign the MOU between the City and
Love INC for the management of a Woodburn Family Resource Center funded through the
CDBG program. The motion passed unanimously.
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SILVERTON FOR
BUILDING DIVISION SERVICES
Ellsworth/Morris... authorize the City Administrator to sign a new Intergovernmental
Agreement(IGA)with the City of Silverton for building inspection and plan review services.
The motion passed unanimously.
CITY ADMINISTRATOR'S REPORT
The City Administrator reported the following:
• The City is going to be going through an emergency management tabletop exercise.
• The League of Oregon Cities conference will be taking place this week and he will be
heading over on Wednesday.
• The City has been receiving complaints about the hemp odor. He noted that this is an
approved agricultural crop and there isn't anything the City can do in regards to
regulating the odor.
• Greeters took place at City Hall on September 13 and there was a great turn out.
• Based on feedback from Greeters there has been some talk about the City working
with the Chamber on a business summit to discuss what is going on in Woodburn.
• The City has put out a new recruitment video that includes City employees talking
about why they like working for the City of Woodburn.
MAYOR AND COUNCIL REPORTS
Councilor Morris mentioned that he received emergency alerts about the cougar sighting.
Councilor Schaub stated that she looks forward to going to the League of Oregon Cities
conference.
Councilor Ellsworth stated that she is also looking forward to the League of Oregon Cities
Conference.
Mayor Swenson stated that there have been two Community Center Committee meetings and
they are going well. He mentioned that the Boys and Girls Club breakfast is taking place
September 25. He added that he was able to speak with three different classrooms about city
Page 3 - Council Meeting Minutes, September 23, 2019
3
COUNCIL MEETING MINUTES
SEPTEMBER 23, 2019
government.
ADJOURNMENT
Morris/Ellsworth... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:16 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, September 23, 2019
4
WOODBURN PLANNING COMMISSION PUBLIC
HEARING/MEETING MINUTES
August 8, 2019
CONVENED: The Planning Commission met in a 7pm public meeting
session in the City Hall Council Chambers, Chair Charlie Piper presiding.
ROLL CALL:
Chair ;` Pl er Present
Vice-ChairBand, ' Present
Commissioner Aaken Present
Commissioner Corning Present
Commissioner Absent
Commissioner �.asen < Present
Commissioner = �B irlrt Absent
Staff Present:
Chris Kerr, Community Development Director
McKenzie Granum, Assistant City Attorney
Eric Liljequist, Public Works Director
Introduction
Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners
in the flag salute.
Minutes
The minutes of July 25, 2019 were approved.
Business from the Audience
None
Communication
None
Public Hearing
a. LA 2018-04 Transportation System Plan (TSP) update and related
proposed text amendments to the Comprehensive Plan.
Director Kerr reviewed the basics of the proposal.
Matt Hughart, consultant with Kittelson & Associates and CJ Doxsee with
Angelo Planning Group were present. Mr. Hughart reviewed components of
the Transportation System Plan, most of which are minor. He pointed out one
significant proposed TSP change in Chapter 8, Table 14, Planned
1
5
Transportation System Cost Summary. High priority (financially constrained)
projects would not be given a time frame, since most of these projects would
likely be funded over time through ODOT and other agencies. They would,
however, be considered "high value" and thus, retain their high priority status.
Commissioner Aiken explored the possibility of a separate 1-5 on-ramp on the
west side of 1-5. Policies, standards and requirements, however, will prevent
that from happening. The Commissioners discussed various streets on the
TSP map and how they would be utilized in the TSP.
Michael Duncan, ODOT, responded to ODOT's role in the preparation of the
document and to queries about a future 1-5 interchange.
Vice-Chair Bandelow talked about the vehicular traffic issues around the
Company Stores.
Commissioner Corning noted a discrepancy on one of the Figures, which
incorrectly identified paths as streets. Mr. Hughart said that he would correct
that in the final document.
Chair Piper had questions about the proposed Parr Road/Settlemier Avenue
intersection in Table 2, R15 of the TSP. Matt Hughart said that the proposed
version of the TSP could be modified, should the Commission think that the
priority level be changed from low to either medium or high. Ultimately, the
Commission decided that the priority level for the roadway project should
remain unchanged.
Commissioner Corning made a motion to recommend approval of Legislative
Amendment 2018-04, the Transportation System Plan, as presented,
including the proposed text changes to the Comprehensive Plan as included
in Attachment 103 and Staff's Memo the Commission dated August 8, 2019.
Vice-Chair Bandelow seconded the motion. The motion was approved
unanimously.
Staff Update:
Director Kerr said the Smith Creek and Boones Crossing Phase 4 developments
have started grading and clearing and their engineering permits are under
review.
City Council's public meeting on August 26 will include a barbecue.
2
6
The next Planning Commission meeting will be held on August 22. Future
Planning Commission dates include September 12 and 26.
Adjournment
The meeting was ad'o ned at 8:00 pm.
APPROVED
C 11,11. C 'r Date
ATTEST
Chris err i Date
Community Development Director
City of Woodburn, Oregon
3
COMMUNITY CENTER ADVISORY COMMITTEE MINUTES
SEPTEMBER 4, 2019
Convened The meeting convened at 4:30 p.m. in the Woodburn City Hall Council Chambers
Citizen Advisory Committee Members Present
Melinda Avila Sharyn Cornett
Jeronimo Gaspar Rebecca Hayes
Jenne Marquez Karsen O'Bryan
David Piper Daysi Bedolla Sotelo
Donna Stone Michael Vasquez
Anthony Veliz Dylan Wells
Staff Present: City Administrator Derickson, Parks and Recreation Manager Cuomo, Aquatics
Supervisor Udermann,
Others Present:
Jim Kalvelage, Opsis-PIC
Chris Roberts, Opsis-PM/Designer
Gary Blackwell, Opsis-PA
Ken Ballard, Ballard*King
Kurt Lango, Lango Hansen
Kyle Trulen, Lango Hansen
Overview and summary of the Market Analysis report by Ballard*King. Review updates to program
information and refinements to the concept design options for the building, site and park.
Space Program:
• The facility program comparison was updated and distributed for review. The spreadsheet
compares the original program and concept in relationship to the proposed program under
development. Aspirational program elements have also been added to the list.
o Base program area is 71,500 sf
o Add-ons include the new waterslide, recreation pool and Boys & Girls Club total 17,000
sf.
• The group discussed the location of the Boys & Girls Club spaces as a logical area that could
be built as a shelled space for future occupancy without impacting the other functions of the
community center.
• Jim Row requested that subsequent program area and area takeoffs in the plans include the
Boys & Girls Club in the base/proposed program.
Opsis to include the 1,500 sf. of space for the Boys & Girls Club in the base program total.
Market Analysis:
• Ken Ballard presented a summary of the in-depth market analysis for the proposed facility
program and its location. The discussion focused on the following:
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COMMUNITY CENTER ADVISORY COMMITTEE MINUTES
SEPTEMBER 4, 2019
o The statistical information from demographic analysis indicates the primary service
area, the City of Woodburn has:
• Rather small population size.
• There are many young families.
• The majority ethnicity of the city population is Hispanic which should be
considered in programming and sports participation. It was noted Woodburn has
a strong population of Russian Old Believers.
• The median household income in Woodburn is low compared to the secondary
service area, the State of Oregon, and nationally.
• The SPI (Spending Potential Index) for a variety of recreation activities
is somewhat low (ranging from the mid-60s to low 70s on scale of 100).
• The cost of living is lower than other areas of Oregon and national numbers and
the expenditure for recreation activities are also lower.
• The youth age groups will continue to grow in population size in the coming
years. Also, the senior's age group will see the largest growth in the coming
years. This should be considered in programming opportunities too.
• Extending the service area of the facility to a secondary service area is essential. The proposed
secondary service area extends north towards Aurora, West towards St Paul, and south towards
Gervais and Mt. Angel. The benefits include:
o It nearly doubles the population and doubles the number of families served.
o It increases the median age and the median household income.
o It increases the SPI ranging from the mid-70s to the low 80s.
• A list of nearby fitness centers public, non-profit, and private was discussed.
• The existing Woodburn Aquatics Center already provides a known market presence.
• Market analysis indicates that the addition to the Woodburn Aquatic Center with cardio/fitness,
a multi-purpose gym, and other recreation programs will increase the utilization rate of the
facility, appealing both to those in Woodburn and the secondary service area.
• Market analysis also indicates a warm recreation pool will serve a broader base of families
and provide a higher utilization rate for the facility.
Facility Layout:
• Two options for preliminary concept plans were both presented and well received by committee
members as the progression of a logical and efficient layout. The program layout is nearly the
same in each option with some minor variations. Option 1 has Aquatic program functions on
the east end of the existing Natatorium deck that replace the existing Wading Pool. Option 2
retains the existing Wading Pool.
o In both schemes the internal ramps previously shown have been eliminated. Instead the
the level would be set to match the finish floor of the existing natatorium pool deck. An
accessible ramp and exterior steps connect to an entry porch on axis with the terminus of
South 1st Street.
• In Option 1, program elements shifting west within the footprint of the existing
Natatorium help locate the building footprint further away from an existing 54"concrete
storm drain pipe. Opsis noted that the location of the drainpipe is preliminary based
upon a previous survey.
• In Option 2,program elements stay outside the footprint of the existing Natatorium and
preserve the existing Wading Pool. This results in the building footprint being closer
and slightly overlapping the existing 54" concrete storm drainpipe.
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COMMUNITY CENTER ADVISORY COMMITTEE MINUTES
SEPTEMBER 4, 2019
• The elevator was relocated further north to be more centrally located and in better
proximity to the stairs.
Opsis to ask mechanical consultant to review options for Natatorium HVAC units. City of Woodburn to
have location of existing 54" storm drainpipe verified through a survey.
Natatorium Layout:
• Both options showed variations of a warm water recreation pool and run-out type water slide
that would be in an addition to the south of the existing Natatorium.
o Relocating the water slide to a run-out type slide allows for greater flexibility in
options and takes advantage of higher space of new structure. It also provides greater
operational flexibility for use of the existing Competition Pool.
o Both layouts for the warm water pools shown have the following: a shallow zone with
zero-entry up to 3.5-foot water depth, an intermediate zone with water depth constant
at 3.5-foot depth, and a deeper zone with water depth 3.5 foot to 5.0-foot depth.
o The proposed recreation pool(s)was well received as a warm water amenity that offers
a variety of activities and features that serves Woodburn's and the secondary service
area demographics comprised of young families and seniors
• Josh Udermann asked about the ability to use the deep-water zone to accommodate group
exercise programming opportunities. Michael Moreheart of Counsilman-Hunsaker said that
pool configurations were test fits and that shapes/sizes would be adjusted and refined to meet
programming requirements.
• Jim Row asked how the existing and new HVAC units would work to control the
Natatorium environment.
o During the discussion Pete Gauthier noted that the existing HVAC unit for the
Natatorium is approximately 10 years old.
o Group discussion concluded that the design team should design with a base assumption
that a second HVAC unit be added to serve the proposed Natatorium addition.
o An alternate should also be created to describe replacing the existing Natatorium HVAC
unit and replacing with a unit to serve both the existing and expanded Natatorium spaces.
Opsis to coordinate with Mechanical design team to explore base and alternate schemes for
Natatorium HVAC system(s).
Mechanical system ventilation would need to be designed around open doors if the desire is
to have the pool deck open to an outdoor deck area.
Site Layout:
• An Option 3 site plan was presented.
o This option is like Option 2 in that it has a pedestrian pathway that wraps from the
north entry to the SW corner of the park.
o The existing Boys & Girls Club building is preserved.
o Parking count requirements need to be verified.
o Option 3 site plan reviewed indicated approximately 207 stalls.
• 126 stalls along S Front Street.
• 60 stalls adjacent to 1 St Street on city owned property.
• 21 existing stalls on SW corner of Settlemier Park off Settlemier Ave.
• The existing parking stalls in the southwest corner could be potentially connected
with a vehicular path to the east stalls along S. Front Street.
All landscape options were well received by the City and the committee. Although there was a
strong preference expressed for the curved geometry of Option 2 with the landscaped panhandle
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COMMUNITY CENTER ADVISORY COMMITTEE MINUTES
SEPTEMBER 4, 2019
and pedestrian pathway that connects lst Street to the park activity field and amenities to the
south. The design team, City and committee will need to define the scope of site work.
• Options show pedestrian pathway from the north entry to the SW corner of the park
• Pathway aligns with Woodburn trail system
• Move playground to more visible location in park
• Outdoor basketball adjacent to skate park. Consider adding an additional basketball court
• Jesse Cuomo commented that locating the playground to a more visible location in park
is desirable. A centralized location seems more appropriate.
General CAC Notes
• The Committee appointed members David Piper as Chair of Citizen Advisory Committee
and Dylan Wells as Vice-Chair of Citizen Advisory Committee.
• Ken Ballard presented the Market Analysis as summarized in the notes above. Several
committee members asked questions such as:
o Is it possible to show the number of multi-family households in Woodburn and
secondary service area?
o Is there a map correlating the SPI number with location of households?
o Is there a trend within the SPI index about participation rates among the variety
of activities?
• Several committee members noted that Woodburn has a strong link to soccer and suggested that
integrating soccer or soccer related programming into this community center seemed
appropriate.
• Prior community outreach opportunities were discussed with the committee.
o Jim Row spoke of a phone survey with registered voters that focused on gathering input
for programming the community center addition.
o David Piper spoke of a Parks &Recreation community outreach survey that also focused
on identifying desired amenities for expanding Woodburn recreation activities.
o These surveys indicated that cardio/fitness, multi-purpose gym,warm water program
/recreation pool, and social/community spaces were the most desirable amenities.
• The committee also discussed several ideas for financing strategies varying from fundraising
to seeking apartner(e.g.YMCA,local church,local business partners),and seeking local/state
funding.
o Jim Row spoke about the proposed design timeline and initiative to have this facility
funded through the bond process. The proposed plan is to have a Bond measure in
place for the November 2020 general election.
o Ken Ballard explained that most public recreation facilities are funded through the
bond process. He also explained that many public facilities have a deficit in their
operations and thus the local government using other funds to subsidize/offset the
difference.
o Ken also explained that the financial goal should be to find a balance of recreation and
community spaces that will attract a broader range of potential users while minimizing
the subsidy needed to operate the facility.
o The committee also discussed that this facility is an investment in the Woodburn
community towards better health of its current and future residents.
• Several committee members also commented that the large Multi-Purpose room should be
larger suggesting a space that can host at least 250 people during events.
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COMMUNITY CENTER ADVISORY COMMITTEE MINUTES
SEPTEMBER 4, 2019
• City of Woodburn does not currently have a community space to accommodate groups
of this size.
• Several groups and non-profits currently meet at a conference room within the
Legacy Medical Group—Woodburn Health Center. There are also several non-profit
galas held here annually.
• The committee thought that increasing the size of the large Multi-Purpose
community room could be a great opportunity for renting space to these groups and
be a benefit to the larger community.
• The committee also suggested that Opsis should attend an upcoming "Coffee Hour" meeting
at the Woodburn Senior Estates to present the community center project. Opsis and Jim Row
will coordinate with the group to attend a future meeting.
• In general, the committee is supportive of the development of the community center plans and
the site landscape options. A few comments to consider going forward:
o An entry plaza and the main entrance at the end of South 1 st Street is good.
The connection to Settlemier Park is a community benefit.
o The playground should be in more visible and centralized space. Could the
playground be a universal access design to be more inclusive for a variety of users?
o Could fruit trees be integrated in the landscape as a community amenity and
an opportunity to address food disparities?
o Could indoor soccer/futsal programming be integrated in the project? There is
a shortage of space for playing soccer, especially among younger
teams/players.
o The community center should recognize and celebrate local success (e.g. academic
and athletic achievements w/soccer championships). The center should also celebrate
the quality of life and diversity of Woodburn. It should be a facility the community is
very proud of and serves everyone.
o Is there a means of making the center more equitable especially among low
income residents such as farmworkers?
• Next scheduled meetings
o September 19th TDC and CAC
o September 25th Public Open House
o October 14th Woodburn City Council Presentation
APPROVED
David Piper, CHAIR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 5
12
City of Woodburn
Recreation and Park hoard OODB
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September 11', 2019 • 5:30 p.m.
1. CALL TO ORDER
1. 5:30pm
2. ROLL CALL
Position I Ricardo Rodrigues, Board Secretary (12/22)-Present
Position II Alexandra Sanarov Ramirez. Student Member(8/20)-Absent
Position III Kasi Pankey, Member(12/21)-Present
Position IV Beronica Rios (12/19)-Absent
Position V Donna Stone, Member (12/21)-Present
Position VI Ayanna Zamora, Member(12/20)-Absent
Position VII David Piper, Board Chair(12/20)-Present
3. APPROVAL OF MINUTES
Recommended Action: Approve Recreation &Park Board Minutes from August 14,
2019 approved unanimously
4. BUSINESS FROM THE AUDIENCE
This portion of the agenda allows the public to introduce items for Board
consideration not already scheduled on the agenda.
5. NEW BUSINESS
1. Senior Estates Park Path
- Quote from Knife River
- Starts at Country Club loops around the horse shoe pitches.
Paving all that with 8ft. wide asphalt path.
- End of Sept. /Oct.
- Path floods close to the horse shoe pits and washes up to
the path. Will lift up path and put piping underneath to have
water run under instead of over.
- Piper- Good to see any improvements and for safety.
- Pankey- It'll be nice, for safety for all the people that walk
through there and drive golf carts over it.
- Piper- Well used, a lot of people there with mobility issues.
I think it's a much needed improvement.
- Pankey- Heavily used. In-laws live there.
- Tableting at The Estates on Oct 101h some of this
information that will be provided at vendor fair.
13
- Piper- Closure?
- Haven't gotten that far yet there some detail work might be
doing it in sections so may not need to close whole park.
We'll try to share and give The Estates some information
about that so they can share that.
2. Smoking Ordinance
- Brought to councils attention about need/want from
community to put in place.
- Ordinance prohibiting tobacco in city parks. Specific to
tobacco products Vape, e-cig. Not including chewing
tobacco only the burning of tobacco.
- Looked at several different policies across the state and
ordinances. Council and items settled on and approved by
Mayor at the tail end of August officially.
- Working on signage now currently and hoping to get signs
posted end of September.
- Allows PD flexibility in enforcement. They can use for
reinforcement to remove that patron who's been difficult in
the past from a park.
- Ricardo- get it out of there that's good, we don't need it.
- Updating park rule signage to match color and type.
- General park rules signs
- Ricardo- A lot of people go to parks and smoke marijuana.
- Jesse- That is currently illegal. It can be consumed in a
home but not in a public setting. (Nelson Park)
- Jesse- Call PD non-emergency line that can be enforced
currently, smoking can too but haven't done any posting
wouldn't want to enforce that without posting.
6. OLD BUSINESS
1. Community Center Committee Update
- Started Community Center Action Team. Had several
meetings
- 21 members
- Open house September 251h @ Aquatic Center. Use fitness
space for presentations. Also looking at printing boards
round facility with visuals of what it's really going to look
like.
- Working with Lora media Group sub-contractor of Ovsis to
produce materials, waiting on stuff there to share material
with school district to get community feedback.
- Will also post in usual places Library, Aquatic Center and
Social Media.
- Showing the plan blue prints for Woodburn Community
Center Program.
14
- Option l:
- Alexandra- Is that bottom pool new and the top existing?
- Jesse-yes, bottom pool is new.
- Ricardo- That will be cool.
- Pankey- Looks similar to the Kroc center. Similar concept
to have community wing and paid wing.
- Jesse- makes sense in operational stand point cut down on
staff. Person in lobby can see all the way down hallway.
- Josh- one of the ideas I think they really talked about in the
community wing was the flexibility to make spaces to host
multiple activities with multiple groups of people and being
able to flex those spaces and use them for multiple things.
- Park Improvements:
- Alexandra- That boys and girls club looks awfully small
- Jesse- it's about over lk Sq. ft., it's a teen sight so not full
pledged club.
- Josh- I just want to say how impressed I am with Ovsis so
far in the in implementing all the things we've talked about.
- Jesse- I would agree they are on top of it.
7. DIVISION REPORTS FROM DEPARTMENT
1. Aquatics
• Expenses considerably less -12,000 less than 2018. $48,000 last
month, $60,000 last year quite a bit lower.
• Revenue up 32,000- 2019, 28,000-2018 up $4,000 up in revenue.
• Attendance up 12.1% from 2018. 5,611 in 2018. 6,294 in 2019 over
6k in July and 15-16%August, year record numbers for both
months.
• Programs Life Guard class coming up first weekend in Oct. 4, 5 and
6. Free class for anyone to become a life guard and join team.
• Issue with woman's sauna which was original to facility that was put
in there in 1994. All rusted out and no part for it anymore, working
with electrician last couple day to finalize installation, Building
safety cage around it for safety this week.
• New software: Recdesk cloud based Software Company. Able to
access off sight. Way more user friendly.
• Swim Lessons total of 693 for summer similar to last year. Kids in
group,private, or on our swim team. Swim team starting to
developed that will be ran in-house. Something that we can control
price, time, schedule. Practice starting in mid Oct. two 4 month
seasons, super affordable $95- 4 month hour long practice Monday,
Wednesday and Friday. Mid Oct only need to have 10-12 kids to
break even in program. Ages 7-15. 15 and over encouraging to join a
more competitive team. If 15 or more kids 15 and over that are
wanting to do swim team, may look at expanding ages.
15
• New event- Fun Run Series- 3 fun runs April, May and June. Taco
Tuesday fun run series not sure yet. Make it fun and affordable.
Bringing more details next time.
• Team swim lesson series-winter, leading up to life guard class in
Spring Break time period. Last time talk about how many kids went
to life guard class and failed out because they couldn't swim. Want
to try to offer affordable swim lessons for $10-$15 for 10 lesson for
them to become more comfortable and after 4-5 weeks we can use
that time to recruit them to future life guard class.
• Pool maintenance closure Nov. 11-15. Closed for 1 week every year
to do maintenance projects around facility.
• Video
2. Recreation
• 278 registered in youth soccer slightly down, 220 with about a week
to go but had huge up tick.
• Changed registration process with cap on number of teams, with
closing date.
• Close registration and figure out how many teams that makes,
especially with volunteer coaches. We cap the number on a team.
Cap the number of team to 12. Don't want to go past that too much
to ask for a volunteer coach.
• Say we have 8 on each team, we order jerseys in larger sizes for
those age groups. We might eat a little cost of we can't fill those
teams but it is very rare that we don't fill the teams, we might eat
cost on shirt or something but we actually ended up filling all our
team with building in the little buffer. Instead of getting calls and
saying no all the time. We can say we try to build in some flexibility.
Customer service piece of it works really well, makes them feel like
we are trying instead of getting automatic no. We've been able to
full program to capacity.
• Continuing to run into having coaches contact their team, rosters
email out 1 week prior to coaches meeting to give them more
opportunity to contact player, it's been better we feel like it's been
better but still getting a lot of parents calling stating they haven't
been contacted.
• Ideas:
• Piper- group text saying "please respond to me to make sure got
this", after a day check who's responded and who ever didn't
respond then make an actual phone call. Communicate with coaches
if you cannot get a hold of someone contact Parks & Rec. Ask for
response and try second phone call as follow up. -Email. You need
to make multiple attempts.
• Pankey-App sports engine.
• Kudos to fall coach volunteer group every coach but 1 came to
meeting and she notified her that she wasn't coming.
16
• Men's league basketball registration been super late on all programs.
Later than normal. 4 teams signed up day before and finished with 8
same as last fall. Well see uptake in winter and spring.
• New cheer coach with 32 participants. Split up into 2 age groups k-3
and 4-8. Two separate days. Cheering at Woodburn youth football
games and also at a high school volleyball game. They will be in the
sitting in the stands with JV and JV2 girls, nowhere on court that is
safe. They're going to learn the cheers.
• Youth volleyball 3-4 team with 12 participants. 5,6,7,8 didn't fill
enough people. If we found someone to volunteer we would find the
gym space. Kelly Carlos reached out and was interested in running
open gym. St. Luke's doesn't have a program right now they're
struggling to find a coach. She will be running the open gym at no
charge, which will be hopefully build up the spring program.
• Adult Volleyball 5 preregistered saves them few bucks to pre-
register. That program is for us to continually to put it on the books
and it builds. It is a$5 dollar drop in fee just to cover our staff cost
for having a staff there is why we have to charge.
• Adult trips amazing. One trip that doesn't have participants in it
Canby Bizarre trip too close and comfortable a drive for most.
Working on getting second driver for the Zoo trip. Had to cancel
some road trips in the past, the interest wasn't there things like that.
Started advertising in the news and views. Cost is so low because it
is printing in house and minor cost to put it in the news and views.
72 participants signed up for fall and still have some openings.
Trying to get second vehicle for Zoo trip.
• A lot of people coming in with those flyers with trips circled.
• Sunday community celebration event. Smaller more intimate.
Maricela Guerrero community relations manager running the even 4
vendors, car show, and Mexican consulate will be doing presentation
and a few other things, baffle folklorico and 3 or 4 bands.
• Fiesta Mexicana over 22,000 people showed up. With line up and
climate of all the items going on, Gilroy was right before and a lot of
variable that happened prior to the event and some political climate
stuff that maybe would of prevented people from coming, but still
saw almost 23k people it was 22,810 in a 3 day span.
• Fiesta Video
3. Parks & Facilities
• Do quarterly walk through with park and maintenance supervisor Jeff
Crabtree. First one 3 months ago evaluation inventory issues at the
parks, busy summer didn't address as many of the larger issues we
would have liked. Going into winter we should have a little bit more
down time. Items that we run into deep clean Settlemier restrooms,
changing lighting higher voltage bulbs, higher lumen bulbs. Still
17
working on replacing broken barricades at Nelson Park and other parks
around playground.
• Youth soccer programs shifted to north soccer field and closed off
section of south and done some over seeding and will do another round
of over seeding and fertilizer to get that to bounce back. Working on
shutting it down for the whole season in hopes to get some decent
grow in and use it in spring if not we might keep it closed as long as
need be might have to so alternating field thing. In case you hear any
complaints about field access and why the fields are closed.
• As long as everyone understands the reasons why we close it, at the
end of the day they are the ones that are going to benefit out of it.
• Only did the section that is bare. Not the whole field. Legend Park gets
tone of play and continuing to try and fill those things in and hopefully
maintain it.
• Bottom line is if we don't fix it and take care of it, were just going to
have a dirt field.
• Working in strategic fashion to still have play in open facilities, its
either that or you cut way back on amount of play and there is such a
large need for access to field in the community that we were to cut
way back it would be really difficult, not just our program just around
on the board for the use.
• Library square bathrooms will be library hours only. Due to
vandalism.
8. FUTURE BOARD BUSINESS
• Wednesday October 9` cancelled due to schedule conflicts. The next Park
Board meeting will be held October 2, 2019
9. BOARD COMMENTS
• Based on last meeting getting in touch with Lupe, we will be hosting a Boys
and Girls club night at one of our home Volleyball matches.
10. ADJOURNMENT
• 6:35 PM
18
Iii♦ 4
B V'
October 14, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: James C. Ferraris, Chief of Police
SUBJECT: Leasing Specialists LLC Agreement
RECOMMENDATION:
That the City Council, acting as the Local Contract Review Board, authorize a Municipal
Lease and Option Agreement for the lease of police cars from Leasing Specialists LLC at
the lease rate of $53,544.00 per year for the next four years ($214,176.00 total contract
price).
BACKGROUND:
The Police Department utilizes a variety of motor vehicles assigned to patrol, traffic,
investigations and administration to perform its law enforcement functions and
responsibilities. Police vehicles, both owned and leased, are replaced on a rotation
schedule to ensure the vehicles are safe, stable and functional to support the Police
Department's public safety mission.
DISCUSSION:
Employing the Oregon Cooperative Purchasing Program, which provided established
competitive price quotes for vehicle leases, the City identified Leasing Specialists LLC. as
a suitable vendor for leasing police vehicles. Leasing Specialists LLC. was able to offer
the vehicle lease to the City at the Oregon State contracted price with a competitive
lease rate and stipulate to the ability to take delivery and make the first payment after
the beginning of the 2019/20 fiscal year. The Police Department will be leasing 4 vehicles
(2 Ford Explorers and 2 BMW motorcycles) through this program. The pricing also includes
all of the necessary equipment for all of the vehicles mentioned.
FINANCIAL IMPACT:
The City will pay a total vehicle lease rate of $53,544.00 per year for the next four years
($214,176.00 total contract price). The Police Department's existing FY 19-20 budget as
authorized by the City Council during the FY 19-20 budget process will cover the annual
expense.
Agenda Item Review: City Administrator City Attorney Finance
19
MUNICIPAI,I Y A,�W AV" tYD-1-10N AGREEMENT
2502 Man to�u HtIghis RMIMUMM127 Leasing Agmeirlein NO.t2901
Colorado sprni$p,CO 809,20 17.526 Ditto:Ali 9W 6,2019
(719M9.8907 Oullibli.Nn
(402)3M3792
LESSEE: City Of W0040M O�R
1060 Nit,Hood Ave, VENDOR,See Exhibit 8
WisodbktrO,OR 97071
1`110trC 503-987-230 rax 50'3-982.2„17'1
phone
FFtx.
NOTE:This h4tr v't hKou'r rax-1,xvlV1 MuW11-1 NO,Tr,,j1SSN, MIUV be Psolvated blcmult zw,nae of MilrohUt ILS MTOMble(Yuh
Oozes -Sml3VS.Q-UW W M,Gc,
E ui nterm is Umv Unless rioted
WBAS 7LGA795 91,WB I OJ6305 G.01953 ti and
xnaent
crud
maces
es OF Included'in ilus Agre le RIS
E i�,.,,nruv I ip al emn t t script
be(orr full Q,
ALddrft,s
LEASE TERM
TOT,kL lbe -1
CED
PURCH-ASE OPTIONAmok,�,N-1 nMl I Milliel mill be tire"it Its oasilblrh—,�-Mellel
A1jF.EZNU,,N'r TIE TEge, Ar7acr Ry,
uW1a4TUtsZ-1RE MADE APART kEOF
Lessor heilebs,lease the eurppt es ee aha r pawl to le Baa
A' purposes and upon the IbliONVIM a tennis and conditions:
nCLr 1�CON-E7��k-�'TS OF L"S'E'
A l�assec is A public bac5.r,01 Cramwan fOr the bellefar of Lessor and its assignev(s),a fauaws:
IlOnite andl polinc,d'fly Organized and C,656,ke Laider the Coanwnition and lairs of the Snare as set folb
above('stare')and tvili do or ca use to he done
rorponb�mid politic, oft things necessary to pmelvv and kiftp in full fearer and ifiWr it,exiocilet 25 a body
LRSW has Lwadiltv tiuthorj&d tO4_%,cuje deliver mid imerfonti tins Agr"Inenr under At,-Constitution and 121Ae,of the State and,
akpr seats Of'"gacen"08 bOdY.Of toy*other approprone Official approval-Lessee fit—rdief
cO""`nn`Ard Wan'ants drat all requiretneals loavl�btvmmer,and Pft)etdum?t have occurred in mrd to ensure live
enfbrceabifi(yofdots AM-mitern,and Les5er has SUdi pubfic inddin
A_vvemenk anai theacqui5niom by Unseeoftbk�ETliprimll N as way be�applicable to this
Lessev's counsel in tent,accpoible to Ie jlifyojg dir li"-, aider,Ifte, lustK La shall defiv,,st le Lesser jj�Opinion of
swr qt
compliwRidt. R t all mquirewn"IN Ofsbile l3w Or Tounicipat code or ardinauct have been
C. Dsiciflg the tMA of I his Agnmim,jt,fir Equipment mit be Nasal by Lessee only for the purpow Of1XVIOM11118 One OT WWM
gov,norlml lal or propts(tary fuirictic"sof Lewwe cons iste'"will tine pento sshe seafi d
trade or business of ralg'person Or nubby lychee than Use Lft5ee. wiBnotbeused ina
ft" During the period this Agreelnear i's jri�farre,Len"%ill manually provide lxssoT or Its&5,araee(s)"'Ith pr(Mrofalillimlimnon of
ffdun Agrecuienj(Ora copy ofthe complete
budget if so miluestedbyLessor or its assign m), the enminiss fiscal yTarmhen Such appropriation has
been approved by We ressrets IlovennuB body,JAqse�furd'T
"AchbUdgetal4arappropriatiO' " 49"m tO"'AT in WO Q ffW to budget for and haw a pillOynnined for
I c�Tle,suffirlieul fiends to nalike the tense pumbase paylitelars thrleki
amniaky ul exc�es, ghOut the entire Lease Term
E. The Equiprneat aill lave a usefill 116k in the hands Of the Lessee toad'is sub,, of the
Terris, Original Terns plus au y Renewal
F, lbe undEquipatern is,and%hall m.maiR,dlnilg the penod this A�5rmiea
mt is,ma force,Personal PrTety and silleu ubj� t I uw c,
0, er this Age eeizeul,will not be or becoille a fixture order'applicable lana,
laS K 0 by Less
Agvalneitt,and all of its Arnesidineah and Addendruas,uidodir)R the Derailed Equipment Liescnpliou supersedesand replaces
repmrseatidions Or N%wrarties ovide by ussor or Veudor OoT 10 c,Wution of the Agrreesnval-
14 The Etdkoprjteut describerl abmT,is NOT BUNG LEASED ON ANY TYW ORFORM OF AMAL OR RENTAL BASIS,
L Lessee swill comply with all,applicable provisions ofibe Infetirid RcIernie Code of 1986(die,,cride,),
Skcfiolls 1031 and 148 fijervof mid dw applicable mgntatiour Oftbe Tj.S,Treasury Depa lnclud4 Milsout busitaned,
olimst cOUVonents of Lvrts�-purchase pityulents front gross ince,ole for the 11"Ment in order to ouningin the exclthsiom ofhe
puqposes of 21.5 teder'd invoine taxation,
LmwewtU,rase the proceeds of this A,�m-rsiellt as 5001,as prlcficable,mid uidi all reasonable dispatch,for the purpose for%,hich dbis
", "fleelt b-M been,e0lerrd into,No pan of the proceeds offlusAgreearcen shall be invesled,in may socusiltie$,Obh 6 or
ulv'sWUnts Or'tied,at Alry tirciv,dumfly or indwerfly,to aneo a"l which,il'such use tied been lrasouab,5^a 8a ons Oth
�caused anY Polloost of AVIentent to be or be naw*rutitrige bonds,slithill the ruearung
is enact of tln�Asaverneol,lvould haw alkcipatedondierlAteof
of Section 103(b)(2)or Section 148 of the Code,as amended,and the al;Vficabje regulati oils ofthe U&Tmartery J)epqujmejfl.
K Lessov hereby des ignalej the Agrecenian,is a ,quir[ifted tax excerpt ob itgal ion"as defined in Section 265(b)(3)(a)of tile code the
aggregate Lice aulourn of all tax-execill't obligatio,15(eswj oil*pnvlie a
to be k5uect by Lessee mid es�lities;lbsecofduring alaecale,"da" 3 Cao dsimtd,of
YOar Of of this Agreeniern(the
"issuarmeyear")isnot reawmbly,expected to exceedSIOX0,000 00 Lmsee and all drent9f%itiliol is
P'-Ylccs5 Of$10,000,000,00 Ofquah tied tax-exeiapt obitphons(ioc hid ing this AL Dew
-greememi,bait excluding Pilivile lIcusity biaids otber
antr year Uidival faro obtaining an QPUkiou Of flatiOtrally recopized cmulsel in Me area of tax
adversely affected(Onnt and initial this paragraph ft is inpjapp
L Lessei„represcuts quad tvamwjs that it I,5 if �rabj h Metal VU1119 polvers,ties ARFMMA is
r L Prit'alleactimly bond as defined in Section 141 Ofth,Code,:85 anwilded,9%or"'Ore Of the net pflOcOeds 00[45A
,K'A' a Pvernruetgal two under the lau,5 of the Stwe syn
be used for local 4,
ST;eUM,t Vill
tiawanta of bes,,5",and the aggl�ppte fh6e Amount ofall tax exert obligo'hairs(Oxer than ptiville
actliity Intuds)i5med,or to be issued,by the Lessee and all_go6oiditalle entities titereoftluntig The issuance Year is not nsrsoilabh,
expecled,to exceed$5,000,000,00 Egssec lad all mitiordinine enjuiLs thertWl%ill not issue in excess of$5,000.000.00 Ofpax-exemlpl
bonds(including 1W Agreement,bull excluding private arfivitybonds)thiliq the Lsswitice
batiouilu)
eec io line area of lax Year Without fent oblatitia8z an Opinion of
on the Agoeerjr�slf front 87,oss brco,11,for red -exellipt courticipal oblI82fions acceptable to Lessor that tire excludabOy of the lutentst
applkible) , Q1111 tax PILTOses will not be a&mely affected(Ornu oxxi initial ilus pftmgmph if it is not
LM. Lessee mTreseuts ard wnnstj that it Will at Go Tinw during lie Lease Tern or lbereaher exercise or anvil at to exercise ifte polver of
enumin dolnoin with reipKr to the Etlaillillenk, The Le.,ee's It'Shis totq1tire title to theu Baia ft"of die ObliFaifiom f this,
Agroel-nent am dedefraudskaiely in tine,A�,coeaumn 0
20
ARTICLE 1f:DE"p 1'TE'ION"S.
" foldowinq tentnsww^nll leave Nhe;n'seaXtirugs it�udleatled l�dowa"unless'dhe cnmugext`hearty real'ueres otlaawawiice:
"Agreement,"salaam this Municilsal Lease sad Option Agmetrant.
`Lease Terra"ni the Origituit Term defuned in ic1p'M hereof and a sufhcien'nt n3luaber Ofauronualie reuevvat Telart.as uid eTW the Lease
Tenant set forth all the fare of this Agave a eat,
"Lessor"means(i)the enliN desiganated onthe face oft'his A1.elra etneaat as p essor bereuuder,(ii)any suni'vingt,n,snUing or tnansleree car oration
and(ru)uFXvpt vvilere the context rNui'res,otheirivi e,any asstgn&W of Lesmx.
"Bu v-aut After laayrnent lbe autotml of the payaauwats far the balance of the eahce Lease Term.(asguuing no rarly,tercrnna,Civaut
for non•appropr3attaan or ether cause)plus die Purchase Optiral Aauount showa abov%%of any,i iscowalixi to the dale of pnvyanent at the rate equal
hb ate rate Paid oil Urated Status Tremsar} obligations,hawing a minilar terxnas ref the date of teigusal accep�taaree of the Eargunpuseat by the'L",essee,
Plus Payment orauy mnoantts dune hereunder but not Bret paA togsilher urith anremsl on such overdue acnountss,at tern percent(10%)per'ausuull
rfunvugpt die datrc ofpayinent.
"ftenewwal.To tre(s)"°nutaus the autonluthc re imstil periods of tits A$nvt hent„eachhasing a duration of one(ta)year co•ternunas tsiln L.essee,5
fiscal year except that last of suach jx^nods which sE>il end on the anniversary of the Date,The teinils said ccaradilions during any
Rnrewal Teran sinal be the s+une as die tennisand coaditious dun�ag the Claidvawl TmiL accept that the Lease purchase paynnersts shag be as
provided bu the attached payrnent Ikhedbllje.
^'V'endar"uaeaus dim,Vendor identified on paw I of Rhus Aiimeloi.and the n1 .uf,'wenarera ONway of t'he fque3,pauaeaat a5 weU asthe aga»uits or
daah^ts of the uMMfacbures 6`0113 Who"'Lks5ar'puaclwas d or is purchasing the Equuipireat',.
Adt.'L'TC"'LE.In:r~Oy:'SIENCENIE.N'T OF f.;EXSE"t"Xr:RNI..
Tawe Chaginat Terns of this Agdrreec meant droll coararrneuce on the dare the Equ ipaicul is atuepsed by f e_ssee as indicated on the ces°tificale of
Arc 'an Date")and s;hail to nrinnte the Nast.day of Lessee's cure.ut fiscal year,For the duration of dale Lease Tenn,tis
Agreentxnt'uill be tiolurnarlcal;yrenewecd at tile egad of the CSrrgrxah Term mid any u'uc>wval Tenn unless trues LOsise"e"exercises an fal'y'option to
Purchioe anader Aatncle X are Soctuan 5.115 applies.If Lesw,flails to aCe'epN the Equiputent canfoanuinug to Lessee's purchase Order Millin a
reasonable dune amfkec its deluvtry(11431 to exceed nen(10)slai thin at l'ne option ofLessor,the Obligations ofLessor essor to f ravide Equipment to
Lessee hens uader usay be ca3ceUed and u3 s ich event Lessaa shall assunse all of'Ussor"s obbRsibozis under any purchase order or punchise
agieuuetit u'wwtb the Vendor related to the Equiputirol in tern r its obligation pro risake'L.ease f rchase pai Further',in 5och ease,Lessee
agaves to undennsify snarl hold Lessorharnde"ss beat any clainns,nvclurtwsg dentand for payriwisA of the ptarchase price ofthe E"Utialt,
ARTICLE 11%flu-SM-TION",
Lessor raid any assignee of Lessor's right under this Agrecuitaur shall haw*e the right at at reatowgble tunes and upon reasonable nofire;if g
t tnsiruess hours to enter into and upon the prs holt}0 Lessee for the punos
pe of il;spectuip the Equipuuett..
"AIt'AIC"LE'.V.,LEASE.pL'TiClI.ASE p".tv'YME:"t'TS.
Srrdun S.tl9l Lease pu'rr"tua3p faasarrc"urtw to iar,StWtutu"a Carr rear E.„``hoar nfLeasee. i v�s sand Lessee understand and uuteaud that die,
obhgatrou of Lessee to pa}Ltasr p umpl3ase paynua3ns L ea3wnnder s1ca11 constld3uta»a utarreut sopor se ofLemsc and shah nal in any vway be cons noted
to a Ceti(of Lessc c urlrav ntexmu of anyapphcable u tustuhatio, ar stanapoay 9uasutadtonsn quurnnrialts ronceming rhe creation of
u dedstedlvess by Lessee„o0x sruar8 tnytVrug cu arta`sed hwuei33 coo snXude a pledge of ilii general tax rc"rnavw»s 'funds or monies of Lessee
s.l? w of a Nt se aw " T esSee shd1 pay Tessc Furc;Na use&rayn ts'"rxchwsn ty fronto legally avaitabhe firands,in
la "hwtl rine}°of uXie IJuoted SNares olAu3era,ca to N sva r air'au3lkre ew nt of ossa, nauea t by T ass rc,t a ids assignee,in the aluouvars mid an the dares
set Earth in 1114 paywt3tut'Sclttdnle attached to lull Agreetsuent.A pori cru of each Lease lanarclaasr pa)a neut is paid as,and represents pirystieirt of,
imrenst and pcnrc'ipap,rasg Xrw eky,gyne paysunwnr StVledu+le;wets fxerh the nit'can pane3ut aa1d psiali coulpoiaeut of each p1tyrueni duruug the
Section Lease Terni..
150's 1.eaw Pua vma t tot at a. tisdapt to rtaon S'.il'S,rue aRut,gautiora of I�esse to un a1 laaylttruas of Lease
paui Ply an3ts and omhrr pay3tzeatts vwqulreduau4ler tlLiAgreerneut shall he absolanle an w0 autncnnd3tlrraN in,at events and ala"nauteaded by the
Parties to bi of pmoaal property and soles taxes aard insuriace.Lesweshat nuke alt such payments wtiisi due and shall riot wttllnsld any;
such payaneuts is a res. lt of uury d�ispule s arising betw'seen or autranag Lessee and Lessor"any V'endrax or any other pensisit,roar shalt Losipa,haves the
right to a5sett any set-ofG reduction or deduction,defeunse"or rourderrlauu against its obhgation to uwake such payments or be entitled to any
abareanent of such,piyreneuit as a result of accident Or unforeseen cimi nawtattct s or ally other reasnn.
t 0 t? b e. Lessee inXend to'retteww ins I gnoentunit'tl'nroogh all of Rice Renewui Terans'and to pay all.
ahr Le ase�purrc9sase lawys,3uux rs here ruder fes nw reaxoaabiy butbents t regally av iahle fueuds of an au orunt sufficient to mask e A Lease
ler nrlaase pagntunts du ing tae Cingirtal Terser awned each Rer e sal Ternru car f c o13Caa td.Le sec lartr3er intends to do al things lawful within its
pt w er da a t roan anar err i¢utmtu five frn3nu uhi'ch Lease P art6nrse Paye its ru ly"he a Ode 3rmr1u3diaag Malang provision far such payrneads to lie
exteaat nee ws ry ut ea cln C i-aaruu"l azarlaws@.or atharan e g eraraRoe'Y nudges snahnazbzn9 and adop A raz aecordanc,e with aptiliciable,provisions;of s�tate
maul I N paw,do Lowe rcl3 prvtduta oaf the bw,wigeta reuuvcd d fo r lrtvrst alt asmiWrble rrw 'nw mead appears in the event such portion 0'f rhe
buatdget i;not approw"w.d.
a .S a 3 tae event anfrecn R luuw s sbnl ivat be approprnal'ed far the payrraarnt ofthe�.Lease Pu mlexse paytivattar;
�requiresV ata br hard r tknt next occurring Renewal Tern`,thell Lessee,nua;v i ctoin i this aAgreeuaeak at the,end,of the Cdaiap"uual Tensa 0r then
int Reiievwal Tea,.and Lessee skirl no be obla ated to onake pay-tent ofthe Lease Purchase paayinenuprovitlett for in a'lus;A,pvtoreru
beyond the Ongi alt Teams or the dhra current Rieni Terni,Lessee ams to delw"rr 1'0 Lessee notice of nam-apprrriniatoaa"rejection ofressewvs,.
said regecaira of appeals wittier fim, (5)bauuncss days after eacls such event If Ilia Agreement is terve mated under des Sea flan 5.05,Lessee
agnea,at L see's cost aril e.Kpeose,,to peicenbty deliver the f:(tsupuie ni to Lessor at'flue location specified by Lessor that is a reasonable distance
trow,,the initial Noriturrat of the Ceased;Egauipiraul.
Section 5,06 Late Pairri Chiumt-,Ifany Lease ktii
aA.y fLCLE tiT all TILE T Cy ul chart uLE 7; f all"RITw]"riof"wf"E Inte p yatuptrum ie wsltea3 due ar wxit2rn IC days after its th3e dare,Lessee shalt
1 p. ks"
o t u t,During lie Reran of rims A#reern eut,'risk of loss and title to the Equigrntent bred any and of additional
repairs,replacea eats shall vest in Lessee,subject to thou rigors of Les'suyr under this Agreement,In the event of de' rlt as.se;
rurrh in section 12.01 ornou•app "`uatarn®as set forth In Seclon 5.05,titre 10 the Egnififthi shall utuuediately vW in Lessor,mid Lessee the 9.
upon Larssor's request,surri possessions of the Equipae0fi to l'.A%&or.
Secdou d ata SguiArw"InteresL'Tos'erure Jw payment of al Lesser"s obliga,marts under this A,greeruent"'f essee n its Lessor a lust linotiry
l
�p e nsoney Security mderest in the Equipment and.on all Winans,attacduue~ons„accessions and substitutions;lieaero,and On any proceeds
there fronre..Lessee agrees to execute and authortae Lessor ho execute.and fAQ on Lessee's behalf suO addatronal docuntents,ruelixtuug m'UC'C-1
hnancwng stateuueut in die,fonut rerinaxed for filing,and inch i aher fw ai stntetnuuad s„cerhhcales of title"af datils,uohtes and sai
instrurre ats.,satnsfact v to L essor,'Much Lessor de~eins necessary or mpproparate to es'usblish and nanunaan its secolit,u3leml,and u,poo
assignment,,the warunr&ty interest of miry assignee of Lesson„in the Eq%upn0nt.
ARTICLE VII:NIAIN``I'f"tiAINCE�.:1it,)T)MIC°ATION;"I".rs:'MS;AND'f'sSC"'f8,J;NM
t t v',q„yy ass ae agrees that at all ti azs droll g the Lease Terni"L4msee veil(at Jessea"s ovval cost
and empreuse,mwiNa ins,preseno,and keep Ute Equipment in good repair,naorkn'gg order and rendition,and will train toile to baa n3afike or causer
to be made all necessary sand proper repairs,replaaceinefos and nnodifica nes;Lf apptopriale,Lessee seal extter into a lnslurenance contract for dere
E luipnunt radia Vendor or stick other braaa as Lessee way choose subject to the express written app'rov.4 of'L essor,width approval shall not he
uanoasonably'vv-Mteld.
Sertloo 7,02 Taxes Cyt'he1 C.n wernnruenrnl Cha--- p'rtpS_ Tlie parties to this Agau»earreut coutenrphdc tint The Equipndemil will be
used for governrneuaal or propnety'ptupose o(Lessee and,therefore the Eganpnveurt will be eisranpt(roan all taxes presently assessed and levied
`wroth respect to Persound property,In the evwent the awnesship,use,possession or acquisition ortie Equipunent'ns found to be subjeet to laxation in
any torn,('except for umi nu»taxes payable by Lesser vui1N pay,as are scene respectively come due"all taxes and gov�eraa ural crwarges of
awry kus'red whatsoever that nwty at any tune be lawfully assessed or levied a rates or%ith resMl to the Equuapnueut"If snrh tax is mu sed dnrectty
eau Lessix or its assigns,Lessee,shaitre�burse the Person Pa YL18 suet taxon dent' d.if Lar swe causes in allows;events to 13a e,H that thin Vs
the aatteresI uxorwe taxwc,'.acoupt status of thus AFesarienl,as outlined in Seebonus I hd„149 and 6041 on the Internal Roseau Code of 1.9B�6,ars
amended,or,,assA3ta3nwag the Lessee Inas desigrrnted'thus Agrree3ucurd as a qualafaed tax-exempt obt,Phon„if the Lessee exceeds ten authan dot lars;
(S Il,000,00o.tt+7)iia"clisalifiM tax ntpt obllgatints as specified in Seaton 265(b)(3)(7t)of The Internal Revenue Cade of 1986.as antended
daring the csdendmr year of of this Agreement so that Lessen does not cpaahify as a"qualifi,ed small ismer"thermrntder it will pay
the"waaaubla interest rite'"ou this A'a "Doent retroactive to Ar,Crwauxeascemer3Y Gale" he lzuuauble interest rate"is hers defined as luso rate r'inu
results in lie sane after tax yield to the Lessor or to its Jswssigsos,as the tax-exetupa rate on alae' `ecinerar or shit tuglxesa rale fi=sutl�ed by lawn"
uwdttrhewx"r is less.To a,t events,L essec dmill;pay 0,9 gas,swatter,.stein,electricity,,hent,power.,tel�etibone,utility and othercdtarges irannrred in the
opeaahi Sar,ar auitenau ce,nae,orcupotcy and Uilkeep of 1he,Equipatiwnnt,
21
SrrtNOn 7.1a;11n5ntanee.Al its ours,expense Lesser shall eause casuudt;y„PUBLIC LI BILTTY"'ANl3 PROPERTY 17uk3wlACxF,insr canoe to lr
eau and and an,intlaai red,orsball raaazwsh1*to Lessor's SatiSfitteliou Rtezil adeT ate seLf insurance is provided vaith m5pect 10 tire Equipment,
auficient to protect the full realacettamuk waluc(new)of the;RgiHpine at or the then applicable lluyrOtrt Aft r Paynxin Anwi aad wrfaachev"er'is�
greater,and to protect Lessor firilau any liability related,to dee;Equipment at all cN lints.All instimnce proeceds fou,a° al'ry losses shudl be
pay whle as provided inArtuck,'WM liemof Lessee shell,pay Wl deduefibles and shall ft sbto Lessor,or to its Assigns Cedifica,les evideoacim,g,�
such covenwge throughoul due Lease Tusa0.,Alternatively,Lcssre rosy,unsurm the Equipuuent tntder a blanket moraatce policy ar policies,Which
cote x amt oaty fhr P; ipnueuM end also a tlr r peapumnia.Hf hessac 615531 insure sanulao,prop xttims'Nay self•insuraice.Lesser will unsure the
LvyTapiuueu,N by nre� refers mdrapuuatm llaYmixagtr@ bird.Atli nastu•uacr sNmall
neon t lessmm bpd lessor as uuured's,wand loss payees as rheir respctsw s
rntmttsrs nary appuax and NuaIN ptav;de far at luausf ansa(tl Cl)dawy x liar ruraHea rnotlicr'iry qui rrnaltrw riles or imusurance congaaziy to the Lessor and its
assagns in the assent of caurellatnotn or etpuurariara.
ruR7IC"LE''"r"III.Iy.�'i'CtCI"„1yE5T.RB;C`TICJ,"w'.L,`w7y u.t7�+�SEITti.-+r"CtCY'ti„PRCSf:'Ep:N"J5.
r a ru r d d asst 'lsus,rtee ns mexpnnrmsmbde for easy duan ofd tion of„are duarmSe to,due jUj,aapuuent,
kwfwether uurvurnd or real(' ss} Ibe pnxeads of any uoa5mr �ce cleans mlropuea9le to d a Fop aapnTezu.after deducting all expenses(nnchwt$ng,
atltaaarurrya fees)uaarttrre d n die cahectiosn oFwaOlw ctausr or resv ud(` Flt Peace ""p,5 l e appieaN as set fortlr in section 8.02.
ln the MAT of a 1065 to die Equipurent w hicb is not deeeurued to kae a total loss,Lessee sha4l cause due
�aP*,replacerweot or restriminou of fire Equipment acid pay alar cost there,and apply The not proceeds of any imus ice claims on the
Ecpwipnaeaut to wore east,pro6ded,howwewet,&It iftessce is then in defn i t on Use payo�nents Brae under this Agreeoteul,die net proceeds shall l)e
applied as iftodml destruction or dainofm has occurred,pow the eveal of total destruction or dasnt,pve to the Egauipmeni,whether or not lessee is in
derauh,at Lessor's option,lessee sha1H pay to Lessor on the,L ase Porclnase Payment dam date next succeeding die date of such loss The ruuouut
Of the lime-Out after PaayeuenC Amount,appl cable to swlr dare,plwu$the Lease Pawrctwuse Paynivat due on suck late"plus wave other nitic its
payable by Lessee hereauuder,And,uta PftYlllerrt ua fUllnf'SUC w manount.the Lease'Yerwwa shall lembinale mord Lessors secteity auCerest in the
E,PatprarnantshalC trrnrduaatm.lesser+.ga,atl Main.Net Paocce^sds in exeess of the 11ven apprlivahle Buy-Out Allot payment Amount of auay.'Losm.
agrees that if the 1'Sef peexcresls are umadent tla pay inn Rall Lessee's obhgatiolrs liretnder,Lessee shah niake surcli payments to erment of any
dericiency,
L18°N'ICLELL°DISCLeDEERORWk:IwRkN,-rFS;1'E_"tiDOR'S,WAR V,4nES;4°5;E
l " T SOR MAKES NO IVAPRAM'YOR REEPRESE"NTATION,EP'T'dfNc CEXPRE.SSORWLIEEI,
A.s rty TI{E vALUE.°DESIGN,C"C)N1t111Ar m PadERr LanN-mlaIf"NI"lC^"OR Fl N'Nl'y.SS FOR patift,7IEB7LAR PuRpC7,Sl;%OR FmEss FGR
CASE OF IIII:EQL UtMC d ,OR ANY 011.1ER WARRANTY NVr Fl RESPECT-nfL RE al,IN NO L-Vpwk F SHAM,I„3:55ti YR BE LLAZI.E
TSRR ANY rNCIDENTAL, aR`Vl')IRECL SPECIAL OR C ON.SEQ11"ENTLir,Ia DAMAGE IN CONNECTION WITH OR ARISING CIS:F"p'Of-.l"HIS
AGREEMENT OR THE;EXI5Ij2qC'E E1.,RRMSHLrIG,FUNCTIONING OR LESSEE'S L1 E OF THE EQtiIipMEN7 ORANy ITE7.l
T1"EOF OR SERVICES PROVIDED FOR 1r`"5'THM AGP.1 AENI,ORANY SE'R'TCFS PROVMELt By Vr..NDOR.Any tr uasfer of Tire
Erpnpnaat'to The r essee;shal.14c made dwsclauatuwg at]express and talpfieduarranties front Lessor surd its assigirs,
. � '"t' l kt °' Lessor hurrpny°urmvrar,alrlyapponts It*sse.»r mqs agena fait wwtlomsaey-in-hs0t rhururg the Lease"l en;r,so Hoag ars
s5er xlaalN not Ge oro d'e+taurlC hra~tmtantler„to a5rt fsorcn tinpe'to tyre w�atRver ctanau sed rigluts,inclardling,w'aramrwCwes of tare�Egasrpnumuf,vwlaieh
LrsSawa•uray haw's awtai�usiRNre Vcvwdarr�raUor rxuanaifarfapnar ofThm Eapuip�eni.Cm^s 's soNe re�edly tris Npaw lrmrmch oFanyswvr,h uwarratary,
indanunaEeatiou or rco.*6errtapsou slsalt the mtgsaursl tar vPr*aador aiadFor nwwnauFactrsrer or glue F.gmaipnseraa lesser^exleress(y acbau0wrf cdgas that I.r;ssrm
Wmtudor oraTa�vuwufacdtueeo represrwrtati0n of ww+arraxnlae�s wvfnatsarever tis'C0 llum avi;stmnee err avvralafnilaR7^or errNorw:eaBwiNiry,'nrstuch waxruaieds of due
imtm
,[basal well net ana5nnll,use ellwate or unWnisair tae Egttipuwent maprril qty,carelessly,rn Violation ofvary
apphcabln a nwar nrr tonhrary to ttamt contenrpla d d ry thus Agreemuent Lessee shall provideall penutms and licenses ufanv,necessary*for
tine n�dallopeaahomr of t9re Fgnapuaenst. addition„Leswe agrees to consply m all respects('including,wsthowat liautanon�re vpecC rn
the ave nan aid 5re hoaw of each it ru of tum Fqu�ipalent)wrtb adl taw s,of theluuusdr`ction n which r"ts operations u v ohingrun ileus of
Equipmentmxud crud y I ,wlarres,ewecukaww wdrnrsniatratisv or ti6rial Wy exercismS asuy power orjurasdiction over the iteu%oftimeEguupaa d Irosvvw er,t1¢ro,tLesSec rramy cawtmst um g nd faith the roalwdny or appl cation ofany such Sam or n�in any wma nable numrunaer
wrhich doelft°opuaauaaT of�Lxs�sor,adu� ;ly^aff�d alp tmte of Lessor in and to bait ofl w Heins of i h�e FAInipraeut or its inlemsi or rights
Holder this Agreenw itL Lessee asps hent no somal du°uw lots of 11m,use of the Equipment al ally ra sith will beby persons or entities otf rm l ns tlne
Lessee or i s en pN e on nwuate nxNatimwg to such n p to) and 510 nnore dw, 5%of the use of the Equtipnueal sae my rn mith Air dam
u¢acetated to nye N y or Por'thw Lessee„, s fi rials a�as that nn ru Aavageprnwnt orrti7acps n ill'Nre enl�ed,auto wwiRli respect to khr astir of the
Eq uwpa et ut unloss (a)at lea5s half of die coiwtpra Pion is on a periodic,fuced fcv,basis; ')tna roTisp ansahon is'based cin a.shine of net prof ls;(c)
dwwa Lrss e'is aiudc to desnuusaaCr aHae c niatrael vatlw0up penalties ar flee Brad of any flow years and(d,)the total teen of socia contract,including any
teraewvals docs not exceed five years.
ARTICLE N:EARLY OPTION TO P1110ELLSE.
Provided.Les.w is not in default hereunder,lessee envy„upon givneg Lessor not less than thirty(30)days prior wwmatwen notice,elect topturelrase
W but not less titan al;l,ofthe,Eapupnieart at tine mid of early Brandi,or Payineand doe date as"aRshshed by die Ctasnasencernent Date,for The Buy,
(-)ill AFOer Pirvinent Animal.Upon nese of flus early op holt to purc�luasm.,Lesstv shalt pay Utese animals to Lessor or its tnsai s,on deiriand,
As a condition precedent to caeacb i ig this early rgmtnon to lrurhaase,Lessee s tall duhsver to Lessor'and a tetuunarion army,
liminteati ate furtdnag or dmsbarsuwg oWigahoau related to this Ag""n r.
AICTIC°LE%M A SICsiN"w`'w1EN7;SESLEASING1 AND.a;1yd3I"HTa NJ—1 L CCyIMN,'sti"l°S.
IL ectlair r r• a.°'3"has A�,n .wt and OR rlAAs Tn receive the l;ray"nneuls to be made hereunder,,nua,y be assumed by U%sor
and reassipxred nu vwNmnle ur n part To ons of neo e a6sigsnaw s eatally lunue subsecimiat to flue rxecuiion of dols Agceeuumul„uuilhout obiatsung the
camaseat of Lesserc,L mswar agme x to gni e awtice cif assrgunuue gat and upon receipt of such nature to neike all pa;ymeaats wlire asspee
dela ualard e n fihe nqh ra of as weal n0twrdwlardung a uy olaaur daft„sod-oft'r counteucLai r ancsaz6°rr(whrulaer arising font a hreai
of
phis Agreerne rR o 0tluer wdse)plebe 1 e ser unayfrona here r0 tun!ue have against Lessor„or the assignee.Lessee ap{,cess to earenle alt i1m mu.-ots„
including utic of a�wsi ear and chattel rnnrrgagm or financing stauenamads dial uuty°tv reasonably requested quid provided byL mor or its
assigner in Zr to pr r rel feriae u f@rm5ds uT tBme Fgauipan it need us tons Agreement The Lessors interest in this Agreement Huy not be a4 Stied
or reasswgrrscl mat shote ar su pad veal us(iy dee d xanauout lay^wwWell such assigmilent is Arm de discloses the wive�a and address ofilnm essipywee and
(ii)the "s rec�cnw es vrrrttce notiha°atiour of Rhe u4wuie ALU address aftbe assignee.Tire lessee covenants mawdagrees wvilfrthe Lessor and each
subsequent assignee of lessor to nmaintaut For the full term of this Agreement a eonmplere and ocenanate wvrdtteil record.ofnawla mkeh a si;gmnrvenr and
reassrgaunw sat in furan necessauy to cornpdy with Section 149(e)ofthe lirlerraal Rewxnue Code of 1986,as aauvTndrd,and flee regulaq ons proposw l
or Existing frosu fine to time promi0gAated hereunder,Anything in the foregoing appumay to Lha ronaenryr r otwwithstandunp,the Lessor's urtemst
In ibis Agreement to ay be au51gned in whole or in upon ternet vvhuelr proilide in ehfeel Haat dee assignee mill act as a colleen and paying,
getw for holders ofcernf rates of partacipahou,m this Agpreeanenk,provided time Lessee teeeives millen rnatuhcatiou of the natue and address of
-,tech collurcficrn and pa)w4 ageal,and such collection and payiag agenrl tovenauuts and agrees to maintain for The Ball ruivaiuing dw^m of dais
Agreementa written mord of eacag
pawl renssl T ( t uiou
. R '"" eR iLhis Agteemiety an,d diWereesp
of us in the Fquipunmuzr uway not be sold,,
ansa w or�eronubemd h S.essee wvtit�C du rine wwsarrcuu ousn5wntl of Lessrr,
SzEtw V.I L21Addt"As.Lesser shall Protect aid hold trararless Lessor faorn brad agaiutst any and all habifity,clairwrs,demands,
losses and slaomgrs arising„out of or as a resmdt of'tlae entering into of This Aer"ureut,the owvuwrslsip or use of tlue Equipollent puasuaarq fn this.
Agreeirreni,or the obligations,of Lessee sunder this Apnvemxtral,except such liabiliry,claraus°demands,tosses and da enrages caused by Lessor or its
asmpM Sika liability,claims,demaitaids,losses and dantiagms dtall iucluwle,v 1horut li ndlation,counsel fres and expenses,penalties aid amm,
court cost&u^itness deposidron and ruwvstagatinsa costs and any other expenses oncutmuaai in defense of any such Wbilily,rh umtH,denuunds,losses
and dinwages. I1us obligation of Lessee spall coolinum in f illi force and effect nonnvthstandang tite 1W pmynuerit of ill obhgaiions trader dais
AgeeenRill or the tern hwwtsou of the Lease Terra for any reason,.
ARIICL.E XM LITNT.'S Or I)••m.u:r l.`D REMEDIES.
5ecttun 11_01 Er en tj 0T'2 taw L m 1Paed-11w following stiad consnture mu"event of defarrh"hereunder:
AL Failnae by Lessee he paymy Lease Purchase N)ruent or otherpayment required to be paid hereunder at flee Mune sp eMed herein:or
13. Fulunt by Lessee to obsenc and perfenit any other covestarg,crrudinenr ora,geerneul on its,pant to boobvmid or perfom d odter
lhaaa for a period of thirty(30)days after wsstten urodce to'Lessee,specifying inch failuure and re puesling that it be reaTmediM winless
Iessor shall ague in w5n'utugr to ria exte nsioue of sorb Cine poor f.o its expinniau pmided,howusvrr,ef`dur fadware stated in the niotice
cannot be corrected widuns the appbrAbleperiod,Lesso�rvvill muot misvo.sonably withhold At cin sour in an+extensdon of loch ri�ane if
corrective action is instilnped by Lessee wnphin the a,pyalicatrle period and dili.,oetntly pursued until tine deranit is corrected„or
C. Breach of arty nmvterial representation or murras hy'Lesset nodes dais Apxuwanu t;or
22
TD. C;oinienceamettt by Lessee of a case or prance im:g under th,e::Faderal buiAmptcy laws offilu g by lAnsee of my peutaom or answer
seeking naarrangerniaua,colli}yein ion,reuadatas:tuauent,Rur{uidationutsnin rmhekunder any ex>slaaagorg:uknrrebulkarupicy,
insolirericynT other•sioular live or an anmct athtukirng or not coniestiolt The material a�fleg atioas ofa pehoon filed aglwxu Li-,Mee it,
on),sitch proce^ediug;or
E, A petition against Lessee its a pioceedimg under uny existing or rutuxe btuikiuptcy,insolVelley or orber swrobir law"shah be(sled mid
not witbadairwo of disnimN vwithin thirty(30)days thereafter.
'Section 82:02 Renn riles on Default.Upon the cceitori e^e of all event of def vuh,Lessor shalt have aloe righl•at its sole option vwatEunu any farther
demand or,notice,to w.xeru ise any one or u ore of the follo'aving uxunredies:
A. By vintten antler,to Lessee te!sorraay declase W p oyrnersts nod otliex:amounts payable by Lessee he.reluader do alae end oaf the thein,
cuarelit Llraftitnal Tenni or Retiewil Ti*rtn to kir due,
B. With oT vvitpaout tegtauru:tin g this Agmernent,retake poses cion of bbe Equipment avid sell,heal-or utttlease the Lgauigraroeni with the net
pr,zeeds dteaaeof to be applied is proNided herein'
C. BRequile lessee at l.exee's risk and eu pease to proarptly rCtnrtn the F,tgiuptuuenui in the naviti r gild in.the Condition sat forth in Section
1:3.'10 hereef,
FLS. If l os�see refrases to nebunr die Egauyp rt for any reason,theEgwpnieut:shall be deemed is total loss and Lessee shad piny to Lessor the.
Bucy"-out after Payment Aanotii;
E" 'Take whatever other action at tale or in e^rquily that array,appear necessary or deshable to enforce its rights ass ttie own"of Me
Equipameac mind
F, The proceeds ori'stub sMe lease orsu btease or the Lgtupuru nufpuasuarR td" tion 12,o2f ,)shall be applied:far the following order:'I)
to all expeuss s or Lessor in rasercising its rernedie under dus Asreeatueat,secluding;%ithow hruitaderi an expenses ortalculs
possession,sdorang,recondttaons and so^lfnng,Wasiarg or suubl%5ing of the Equipment rind all broLerage,aundioneer"s said akiorney's
fen`s 2)the:applicaable fay"That After Piymnen Annoon,i 3)ad unpaW IAvase Rurhase'paymueats and outermatrn:ants payable by Lessee
hercundden to tine end of t:he thea ctanvit Uoieunil'resni or Retaeoml Teixa and p)11h:e bedmnce to the lessee rams Lessee small so w^uuive
such payment If the proicreds of.such sale„Geese or sublelse shaH be uasuffncntant to piny mop of items t) 2t'.and 3),Lessee shall remain
table for nay deficiency as to aura:3),but waif not rewinu hablw for any deficiency ah to item l)orad 2)in this Section f,
x ti v s No reumly herein conferred upon or reserved to Lessor is iniended,to be exclusive and every suck,renaed^ar
shall be euuaaubituwe and shat?be na addition to every other rens dy liivv a,under flus Ain rtnent orriouw or hereafter exostiug at Bash or ran equitiv.gotio
delay oronussiou to ex ichse ally dight or power accruing upon any defy It shall oxer mart'such right or power or shall be construed to lee.a
vviver thereof bill anysuu h re al and poovertroy=be exercised 9 ora tame to rune and as often-,is Only be deemed eximdient,
ARTICLE Xfil-,MISCELLANEOUS,
Section 13. atiticcs"AX aotaccw„aergihcnbins or other eoutiaaiairicatiosus hereu iud r:shad be suGfi:rnenlg Olen n'rad shad be deeotedgi%vu'adieu
delivered or mailed by'regnsteved amnail postage prepaid to the parties,or then perttutted assignees,at 11int respecttvvt addamssiss,
t a d �Sut4apcck to pate l anroratiouaa on assign uuerat,flus ekssneeanrt t slugl7 iia to the benefit of and shat]be binatutg;vilion
lessor and Taeniae nand.tlrenr respew.rtive saaCCessors and assigns.
�t y, y to h. n Ln tragi ew ,ud any oatnt of Co ntiertlex:t pnn9dandiort
shall hold suuy pro0sion of this Agseenient
savntad or itm for rcable„nsch lucl'd,oa¢slash not anauaNi wta or reauder iinea�ufr aceable a:tiy other pnywi:siou hereof.Leswe ry il:l not be required top y
grad Lasser will notl ae,paannMed to Coltaot any anuouut an exoens of flew aaaaxiaunrta a sintiar atf interest pernutted by law(E''tca"^ss lnteri011),tf atu,y
Excess 1'ntst as prcnided far w detiuuuad to irate berar provided foo i:u der fns Agcnmaaal,Eh .(A)tbis:subtiboa sbl gus"ern arad control„
Les :wall not be oblrgx ted do Gray crit'Face hrterest,(Cl any Excess lttitrest dtl9at G eine r rnury bane received hereunder sbulh be,at Lessor`s
og kaoax(t)applied as a ctedat mga est file outsgarudzeng Bence paymuid obligati ms Ono to exceed rnua vuan nn anmount Imulitted by lar'),(2,)
rehuuted to'I ens ,or(3)r a y cor�utbia: tiu of¢tau foregoing.4:83)Lazy^utvst tmte(s)ptov dvd for l�h�u stwft he auq rauaadicah;y redid to d:ue
ataxannimat lawful rrfc aldowead nardts applicaLute love,and tluis.Agov^e4rreaaM sluutl be deentcd bra laces taev'on meed ttaaft be"refostinnd and nnod'ifivd to
re Net such reduction,and( Lessee niU not Riese nay adicmr against Lessor for any d'ruaaa s ari:shrg oust of the paynient ar collection of mw;y
Excess Latexnest,
rt v: s a r In file event Lessee f"AS to Pay any aaaonuurs(hie herebilderor to pert"orso any of its obligatioua guider atslz, e»e went,
Lessor mayat its option pay such ouloonts Or perforut.such obhgmtiami,and Lessee shall tewiltur e Lesson Oho a:athount of such pg,ynrei rl or cost of
petforniance art:deuirriad,tor.thervvith tut vest at Ihe:rate of ehalteer,peroeut(10%)Per ouairnti or the 1ofrNuest rate,gx tlred by law,w1u zliever
is less.
Section R.t.SpS Exermbarr fm ou t lhis A4preeteut ntay be execualed in,rno fiPle coual arts all of vwhxb sal constitute one said Lire
noire autirut w q"the utPexpnct bawrcuag Lxzsor°'s set m6ure shall corxslirie the sole chattel paper onguml of this Agreeruent.
S3 at 3+ Ir' u?7luis r raenaenV shall be governed by and conusk sitt!in accordance vxath the lark'of the Spate Of ilhc IAMee.
M °y 'Ca p• ,'g
in riffs A eirnetut aro fain ccwtenikWQ oadyt acid in.no way defrane,li nit azar describe'the,scope
Tlhe can nwoens or heuadxan s
ere air tit of"a�uy,prorasiotusasrctirxtaof hatsAr{reenrletur
fo Ttxn Agreettuest1,top,diler vwvth any Aute invents or Addecudin us and uacliuliog(e)the Detailed Egiipineitl
n scrrpaon advnaxad 8i to 4ir)t8ze Accept viae entafrCale exesuled by Unse (ma)the Pa:ynAenat Schedule mutexued herelo,0s)The hicundiency
Ccs tafacate u�f l eswee,4v)any dr nnanu s a idencuIg txssor"s security ustLresa undue die Unifornn.Coumn i rc�ial Code,and(w)the niaai of
tua*sc5^"s hrgat Counsel,rm"hiurce die entire apleel u betwer a Lessor axed Lessee and may not be aaaheaded,ahebod or atnodiried except by
vurulen iustzumuen.signed oY L vasor told hes see:'IBue execatiou of auxin Mitoag by lessors assrpgmec shah be sufficient for such purposes if
Lessor has assiped this Agit amen#,rlteae are no understandings,agimuents,repatseaiations or wnrrnanfies,ev. Tess or utntphad,not specified
herein regarding tlua Am_,s=ent or the Equipment Geemd hehrtaadirr,Any terms and corddions ofany purchase order or other document(wtitli'the
exception o:lISuppleuteuts)subuutted by Lessee is eantlochou walla t9asAgri ratent which are ua addition to roc inconsistent with tilt Imus and
conditions of tlus:Agreetanent swatl riot lee bundanug ora Lessor and welt nod ripply,
S�atu i.tw �g3 L£ 'L c partners intend that the l-nor 5hao have All benefits of a lessor under a finance,tease under die wiufomul
conutenanal code Lessor did not select numufacdure,or supply the t,, sed poaperd,y and only acquired it(or the right to use sueb�o se prop)in uuteotton vratla dos Acre zaxatd. see�+aw �any nand ill tighds and reanedres L'Mee unary°lw"Nwe under tine UCC?.A-508 through 2A-522,
includrug any nigh to(g:)rewarkr acceptance of due Equ ipruenl(b)rc"vi rdmsnage5 for auy bre;ac:b of kwar soy;aid(c)urake deductions or set-
offs„for soya reason,feain aunawit:s dive Lessor or its assigns tinder this AzeLattill,If any part of this Agwern ail n inconsistent with'UCC 2A,the
teaxas of this Aereeinind wall govern
5tcdou 8:t') Reran pf far to ' Upon tertmirnahon of the A;ivetuectd for any reason(exeLTn puro8iasn by the Les e),at due option of
N:essor,lt) i sale coat c ud e c ruse,Lessee 11111 iuutradiaBely return the Fquiproeot to LaM:sor in aCCendanre vk"idh the prowi':atorx of thisSection,
or(Yak I.e xor shall trauuwfwr ofthe ouliersbip he Equit urmit to Lessee R shipped,the Equipumu shall be pitekedin aacordmuce with Ilan V'endor's
StiivAucatuous and rehirued to Lessor at the location specified by Lessor in the Condiinenod United States reasonahly close to vv-liere it swan
originally covered, ni the scale coudinan as when accepted.,oedinarywear and tem,excepted Such slnnprt
by:it. lent shall,be frij).�destuugiou•'Lessee
shrill bear all costs nxuxxiat 9 wit9t:wach lia¢V iiia:and sbippuug and ibe risk of loss sharp not pass na I zsxor until the Equiputent has beenreceived
L'sa5l`lR.,L'sCE
In accordaaace-illi thus A ivemeol eif en
1. Arte haws iatslructed tlt�6n.trowrmg hnsatnu�o agerq: i s r "r7 q +ems tp_-585"cul,
(Insert aante,address"and telephone nauahber)
to issue to you:
a. Atli risk physical loft%"insurance on dhe leased L quipuaent properly"renected by an E%ideace of Inswrience and
$ F. yft-Qu.j(Acord Facet"-7 or its equnvateut)ularnng I^nor designated above wiVor its Assigns as an additional
insured curd lass praye^e,and
b, Public Liability uisurwiti a reflected by aro Evidence of hnsuurance(Acord Forwa"?'7 or its r uq;rleau)awning Lessroranld'or its
assigns as an addstionat rosined nuid loss payee,or
2 We are self insured for all risk.,physivil datauage,and&Abbe liability and uv°ill provide proof of sxucb self umiraoce air letter forn
ttageahet with a copy of fli:stanilo notennus this forun of ulralravce.
peri fi f uasmorice covense wilt be Provided to you prior to the dune that the Equil:paiee:nt is delivered to us.
23
Date:-010-2 ..
JAM..C.t'trraaaris—Chief
ESSENTIAL CS'k''SOURCE OF Ft..:;w'DS LE'7"'f"f:R
f�tdaes+'GeratRerraau
This cotifivaus wd affm rs Out the Equipnrettt described ua dos ApTceuteal as csseuhal ro tdw fivactauu of ktae aauderesigaicd of to fe service we
provide to ourciUens,FuTtiim,auv have ma uauxraedwate uuaad for,annd expert to trinU nnuxAadiate arid*af,substauaaaUy A zar„S,EquipuaenR
dial¢rated is uta aeatsgxartray or expected fa dafounisu'ua the fareseeuble Altive,Such Equipluent av'ztl be used by us Mlyr f0i ate pntrpuwse of
perforuratxp One Bac urtica of oarx gove~ro na Bal 09 panrprieaaury fuUctions consistent uida the pmntssible scope of our audaurnty Speei.6cu4,
such Equipuiew vans:,ckWd by ars to be ar5ed as ficUmm
Mw"estnvaated uasefill Race of'sudt Equiproent based agaou rawanuflactuxer s and or prroyected needs is for as least sea¢y&vrs.
(Xu source of fauads for paay^aae tis of dee reek date tinder tate A.pxreaa wni for the ckarreur fiscal}vv is f"oaaexwuporsprxsetlbudget,
'dee expert and aurieipaake:adecTuale hUKIS to be available for AU fuhiT r Lease Ruchase pa,ynxacuts due ad9er Rlae rnuaesat fival year lbr the
foltov ung reasouas A ,
By:,y �.._._ t YYkptadzettE} i�c3atp
_._
JaraxuC1rteC
AC'C UTED BY: L,rvnsr acha;wktti4rcs rear7ut�,next/aarrrs�at,S a raary�aftlti.c d:4rreft>exax..'Raar xwdrrx x�xd aaaavaxxa tRuat
dz44t tw bora duly awhor2td vas tacrine this ApectiVoit m.Mh ll'oftfueAviv-=W Ha scx..
LK$SM Leasing§ ,'takRs't LLC due pumjwaioea,Alois nota be¢tut�aElfrst rkcted official
LESSEE Cita'ttf 'no' r � ,
Nawe:Jamie, c,Feiy aRris
Dy
Title:C'l�uef
tstaawe Edsv„ardTWAnd moo
7tdc Owjymr
r1a'ftestedY,�
„ a „
r
:+aauxAe m,md"ftt➢e of a taeskee:�,^.w. 'i✓ta 9"t �.� t'"o'
SEAL O.l.ARY
, L?ppRCtAC..��TAtldit
fiE'�ECA�fYFaa"£S
,� �+fararax pal®LkC•CaRECCtN
Rtfdissifaaatt sash
F[.�aa»ardissirrry n�SEssE r'1� aa. 1
24
LEASING SPECIALISTS, LLC
402-315-3792
Municipal Lease Program
Number: 2901
Lessee: City of Woodburn,OR
Vendor: See Exhibit B
Equipment: Two (2)2020, Ford Interceptors and two (2) 2020 B.NIW R1250RT-P as, more
thoroughly described in Exhibit A to this Agreement.
If an early buy-out is desired. sC pntaq
ea in Specialists.LLC at 402-315-3 792
Ik
Accepted by;
PrintedNanic James C. Ferraris
Title: Chief
Date Accepted:
Payment Schedule
KMT!st# Date Payment 'Interest Pflnc!pol
1 8/15/2019 $53,544.00 0.00 $53,544.00
2 8/15/2020 S53,544.001 58,122.82 $45,421.18
3 8/1512021 553,544.00 $5,562.28 547,981.72
4 8115/2022 $53,544.00 52,85,7.38 550,686.62
25
CITY OF WOODBURN
Economic and Development Services Department
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246
Date: October 1, 2019
To: Chris Kerr, Community Development Director
From: Ted Cuno, Building Division 1
Subject: Building Activity for September 2019
2017 2018 2019
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 1 $252,460 0 $0 0 $0
Multi-Family Residential 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds &Alts 5 $314,565 3 $19,787 4 $247,214
Industrial 0 $0 0 $0 0 $0
Commercial 8 $1,198,342 16 $264,232 3 $27,708
Signs and Fences 0 $0 1 $9,800 0 $0
Manufactured Homes 0 $0 0 $0 1 $33,000
TOTALS 14 $1,765,367 20 $362,427 8 $307,922
Fiscal Year to Date (July 1 —
June 30) $3,142,284 $22,298,224 $2,895,563
I:\Community Development\Building\Building Activity\B1dgAct-2019\memo-2019-9 September.doc
26
WOODBURN BUILDING DEPARTMENT
270 Montgomery Street
Permits Issued Woodburn,OR97071
503-982-5246
FAX:503-980-2496
9/1/2019 through 9/30/2019
Includes all valuations building.dept@ci.woodburn.or.us
-AII-
Issued: 9/18/19 Fees: $300.83 Valuation. �
URN,OR 97071 $5,562.00
Parcel: 051 W 18AD01300
)WN JRT 50%
7mercial Type of Work: Alteration
a Air Conditioner
Issued: 9/9/19 Fees: $418.49 Valuation:
IODBURN, OR 97071 $10,500.00
Parcel: 051 W08DB01200
imercial Type of Work: Replacement
5-ton rooftop unit with adapter curb
Issued: 9/4/19 Fees: $300.83 Valuation:
Woodburn, OR 97071 $5,100.00
Parcel: 051W07CA00300
IANICAL LLC
imercial Type of Work: Replacement
/C
Issued: 9/18/19 Fees: $512.62 Valuation: $15,000.00
CC 40.12%&OR 97071 Parcel: 052W12BC06600
40.1
mercial Type of Work: New
:e to the building.
Page 1 or 8 C:\myReports/reports//production/O1 STANDARD
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Page 2 of 8
4 permits issued $1,532.77
$36,162.00
}
Issued: 9/23/19 Fees: ` $270.08 Valuation:
STE# 800ST MOBI, WOODBURN,OR 97071 $0.00
Parcel: 051W08A 05400
Contracting Inc.
Type of Work:
Tenant Improvement
Issued: 9/11/19 Fees: $489.08 Valuation:
BLDG# F, WOODBURN,OR 97071 $14,000.00
.0
Parcel: 051 W078A00500
sof Care
i-family Type of Work: Replacement
xisting asphalt shingles and replace with new 40 year architectural type asphalt singles. the color is black.
Issued: 9/24/19 Fees: $489.08 Valuation:
MN, OR 97071 $13,708.00
Parcel: 051 W 18ABO3900
NSTRUCTION LLC
mercial Type of Work: Repair
acade
3 permits issued $1,248.24 $27,708.00
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Page 3 of 8
' 4
Issued: 9/26/19" Fees: $4939D Valuation:
WOOD URN,OR 97071 $33,000.00'
ENT
INC
Parcel: 052W 12DD00600
TRUCTION LLC
lufactured Dwelling Type of Work: Replacement
nent M/home
J Mobile Home Park space no. 27
ling
1 permits issued $493.90
$33,000.00
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Page 4 of 8
w.
Issued: 913/19 Fees: $100:�80V�,juti,�. ��a :VVOODBURNOR 97071 $0.00
Parcel:
igle Family Dwelling Type of Work: Alteration
dryer exhaust duct and extend gas piping to gas clothes dryer.
Issued 9/5/19 Fees: $100.80 Valuation:
48, WOODBURN, OR 97071 $0.00
Parcel: 051 W 18CA16700
'HEATING INC
gle Family Dwelling Type of Work: Replacement
gas furnace and A/C
"Issued: 9/17/19 Fees: ' $100!80 Valuation: $0.00
WOODBURN,OR 97071
Parcel:
gle Family Dwelling Type of Work: New
:onditioning
Issued: 9/11/19 ' Fees: $SQ0,80 Valuation:
DODBURN, OR 97071 $3,871.00
Parcel: 05 2 W 13AB06100
lie Family Dwelling Type of Work: Alteration
't to Existing Gas
Issued: 9/11/19 Fees: $112.00 Valuation:
1RN,OR 97071 $21,711.00'
RES&
Parcel: 051 W 18 CA 19200
ile Family Dwelling Type of Work: Alteration
Gas Furnace - Air Conditioner&Gas Piping
Page 4 of 8 C:\myReports/reports//production/01 STANDARD
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Page 5 of 8
Issued: 9/11/19` Fees; $100:.80 Vaivation:
3URN,OR 97071 $13,713.00
Parcel: 051 W 18CA14100
nufactured Dwelling Type of Work: Addition
.(2) HEAD MINISPLIT SYSTEM
3URN,OR 97071
Issued: '9/16/18 Fees: ' $100.80 Valuation: $3,833.00'
Parcel: 051W18AA05400
gle Family Dwelling Type of Work: Replacement
gas furnace
Issued: 9/20/19 Fees: $140.00 Valuation:
)T# 12,WOODBURN,OR 97071 $0.00
Parcel:
gle Family Dwelling Type of Work: Alteration
s line to the range, add 1 bath fan, move 1 bath fan, move kitchen hood, move dryer vent.
Issued: 9/18/19 Fees: $100.80 Valuation:
'OODBURN,OR 97071 $6,628.00
Parcel: 051W06B 00100
)le Family Dwelling Type of Work: Alteration
Package Unit/Heat Pump
Issued: 9/19/19 Fees: $100.80 Valuation:UBBARD, OR 97032 $0.00
Parcel: 041 W 27 DA05001
lie Family Dwelling Type of Work: New
at pump.
Page 5 of 8 C:\myReports/reports//production/01 STANDARD
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31
WOODBURN BUILDING DEPARTMENT
270 Montgomery Street
Permits Issued Woodburn,OR97071
503-982-5246
FAX:503-980-2496
9/1/2019 through 9/30/2019
Includes all valuations building.dept@ci.woodburn.or.us
-AII-
Issued: 9/18/19 Fees: $300.83 Valuation. �
URN,OR 97071 $5,562.00
Parcel: 051 W 18AD01300
)WN JRT 50%
7mercial Type of Work: Alteration
a Air Conditioner
Issued: 9/9/19 Fees: $418.49 Valuation:
IODBURN, OR 97071 $10,500.00
Parcel: 051 W08DB01200
imercial Type of Work: Replacement
5-ton rooftop unit with adapter curb
Issued: 9/4/19 Fees: $300.83 Valuation:
Woodburn, OR 97071 $5,100.00
Parcel: 051W07CA00300
IANICAL LLC
imercial Type of Work: Replacement
/C
Issued: 9/18/19 Fees: $512.62 Valuation: $15,000.00
CC 40.12%&OR 97071 Parcel: 052W12BC06600
40.1
mercial Type of Work: New
:e to the building.
Page 1 or 8 C:\myReports/reports//production/O1 STANDARD
REPORTS/std_Perm i ts_Issued_v 3_pr.rpt
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Page 2 of 8
4 permits issued $1,532.77
$36,162.00
}
Issued: 9/23/19 Fees: ` $270.08 Valuation:
STE# 800ST MOBI, WOODBURN,OR 97071 $0.00
Parcel: 051W08A 05400
Contracting Inc.
Type of Work:
Tenant Improvement
Issued: 9/11/19 Fees: $489.08 Valuation:
BLDG# F, WOODBURN,OR 97071 $14,000.00
.0
Parcel: 051 W078A00500
sof Care
i-family Type of Work: Replacement
xisting asphalt shingles and replace with new 40 year architectural type asphalt singles. the color is black.
Issued: 9/24/19 Fees: $489.08 Valuation:
MN, OR 97071 $13,708.00
Parcel: 051 W 18ABO3900
NSTRUCTION LLC
mercial Type of Work: Repair
acade
3 permits issued $1,248.24 $27,708.00
Page 2 of 8 C:\myReports/reports//production/Ol STANDARD
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Page 3 of 8
' 4
Issued: 9/26/19" Fees: $4939D Valuation:
WOOD URN,OR 97071 $33,000.00'
ENT
INC
Parcel: 052W 12DD00600
TRUCTION LLC
lufactured Dwelling Type of Work: Replacement
nent M/home
J Mobile Home Park space no. 27
ling
1 permits issued $493.90
$33,000.00
Page 3 of 8 C:\myReports/reports//production/O1 STANDARD
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Page 4 of 8
w.
Issued: 913/19 Fees: $100:�80V�,juti,�. ��a :VVOODBURNOR 97071 $0.00
Parcel:
igle Family Dwelling Type of Work: Alteration
dryer exhaust duct and extend gas piping to gas clothes dryer.
Issued 9/5/19 Fees: $100.80 Valuation:
48, WOODBURN, OR 97071 $0.00
Parcel: 051 W 18CA16700
'HEATING INC
gle Family Dwelling Type of Work: Replacement
gas furnace and A/C
"Issued: 9/17/19 Fees: ' $100!80 Valuation: $0.00
WOODBURN,OR 97071
Parcel:
gle Family Dwelling Type of Work: New
:onditioning
Issued: 9/11/19 ' Fees: $SQ0,80 Valuation:
DODBURN, OR 97071 $3,871.00
Parcel: 05 2 W 13AB06100
lie Family Dwelling Type of Work: Alteration
't to Existing Gas
Issued: 9/11/19 Fees: $112.00 Valuation:
1RN,OR 97071 $21,711.00'
RES&
Parcel: 051 W 18 CA 19200
ile Family Dwelling Type of Work: Alteration
Gas Furnace - Air Conditioner&Gas Piping
Page 4 of 8 C:\myReports/reports//production/01 STANDARD
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Page 6 of 8
Issued: 9719/19' Fees: $100.80 valuation:
BURN,OR 97071 $740.00
TA SR Parcel: 052W11AA02400
nufactured Dwelling Type of Work: Alteration
bathroom fan.
Issued: '9/20/19 Fees: $100.80 valuation:
2, WOODBURN, OR 97071 $5;640:00'
Parcel:
gle Family Dwelling Type of Work: Alteration
a a Air Conditioner
Issued: 9/23/19 Parcel:Fees: $100.80 Valuation;
URN, OR 97071 $10,722:00
gle Family Dwelling Type of Work: Replacement
I Gas Furnace
Issued: 9/23/19 Fees: ` $100:80 Valuation:
IDBURN,OR 97071 $4,346:00
Parcel: 051 W 06CCO2700
31e Family Dwelling Type of Work: Replacement
Gas Furnace
Issued: 9/24/19 Fees: $100.80 Valuation:
OODBURN,OR 97071 $6,766.00
Parcel: 051 WOSCA08100
lle Family Dwelling Type of Work: Alteration
a Gas Furnace
Page 6 of 8 C:\myReports/reports//production/O1 STANDARD
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Page 7 of 8
Issued: 9/25/19' Fees: $100.80 Valuation:
J, OR 97032 $3,821.00
Parcel: 041 W 33AC01300
igle Family Dwelling Type of Work: Replacement
g Wall Furnace
Issued: 9/27/19 Fees: $100.80 Valuation:
OR 97032 $2,053.00
Parcel: 041W34131302600
igle Family Dwelling Type of Work: Replacement
I Electric Furnace
17 permits issued $1,764.00
$83,844.00
Page 7 of 8 C:\myReports/reports//production/01 STANDARD
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Page 8 of 8
Issued: 9/3/19 Fees: `` $834:96 Yaluatiorr.
NOODBURN,OR 97071 $25,464.51
Parcel:
igle Family Dwelling Type of Work: Addition
iition and New Covered Patio with Deck.
Issued:-9/5/19 Fees'., $217;55 Valuation:
# 12, WOODBURN,OR 97071 $6,969.82
Parcel: 051 W07CC06000
gle Family Dwelling Type of Work: Addition
l6 square foot patio cover.
Issued: 9/5/19 Fees: $336.00` Valuation:
WOODBURN,OR 97071 $19,066.23'
Parcel: 051 W 18BB02400
ier Type of Work: Alteration
4TION OF UTILITY INTERACTIVE PHOTOVOLTAIC SOLAR SYSTEM 10.23 kW DC PHOTOVOLTAIC SOLAR ARRAY ROOF
imp Shingle MODULES: (33) )inKO Solar Eagle)KM 31OM-60L INVERTER(S): Enphase IQ7-60-2-US,---- RACKING:
=M Infinity
Issued: 9/9/19 Fees: $327.14 Valuation;
)T# 12,WOODBURN, OR 97071 $15;000.00
Parcel: 052 W 12AC08200
ale Family Dwelling Type of Work: Alteration
kitchen and bathrooms
4 permits issued $1,715.65 $66,500.56
$6,754.56 $247,214.56
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Page 6 of 8
Issued: 9719/19' Fees: $100.80 valuation:
BURN,OR 97071 $740.00
TA SR Parcel: 052W11AA02400
nufactured Dwelling Type of Work: Alteration
bathroom fan.
Issued: '9/20/19 Fees: $100.80 valuation:
2, WOODBURN, OR 97071 $5;640:00'
Parcel:
gle Family Dwelling Type of Work: Alteration
a a Air Conditioner
Issued: 9/23/19 Parcel:Fees: $100.80 Valuation;
URN, OR 97071 $10,722:00
gle Family Dwelling Type of Work: Replacement
I Gas Furnace
Issued: 9/23/19 Fees: ` $100:80 Valuation:
IDBURN,OR 97071 $4,346:00
Parcel: 051 W 06CCO2700
31e Family Dwelling Type of Work: Replacement
Gas Furnace
Issued: 9/24/19 Fees: $100.80 Valuation:
OODBURN,OR 97071 $6,766.00
Parcel: 051 WOSCA08100
lle Family Dwelling Type of Work: Alteration
a Gas Furnace
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Page 7 of 8
Issued: 9/25/19' Fees: $100.80 Valuation:
J, OR 97032 $3,821.00
Parcel: 041 W 33AC01300
igle Family Dwelling Type of Work: Replacement
g Wall Furnace
Issued: 9/27/19 Fees: $100.80 Valuation:
OR 97032 $2,053.00
Parcel: 041W34131302600
igle Family Dwelling Type of Work: Replacement
I Electric Furnace
17 permits issued $1,764.00
$83,844.00
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Page 8 of 8
Issued: 9/3/19 Fees: `` $834:96 Yaluatiorr.
NOODBURN,OR 97071 $25,464.51
Parcel:
igle Family Dwelling Type of Work: Addition
iition and New Covered Patio with Deck.
Issued:-9/5/19 Fees'., $217;55 Valuation:
# 12, WOODBURN,OR 97071 $6,969.82
Parcel: 051 W07CC06000
gle Family Dwelling Type of Work: Addition
l6 square foot patio cover.
Issued: 9/5/19 Fees: $336.00` Valuation:
WOODBURN,OR 97071 $19,066.23'
Parcel: 051 W 18BB02400
ier Type of Work: Alteration
4TION OF UTILITY INTERACTIVE PHOTOVOLTAIC SOLAR SYSTEM 10.23 kW DC PHOTOVOLTAIC SOLAR ARRAY ROOF
imp Shingle MODULES: (33) )inKO Solar Eagle)KM 31OM-60L INVERTER(S): Enphase IQ7-60-2-US,---- RACKING:
=M Infinity
Issued: 9/9/19 Fees: $327.14 Valuation;
)T# 12,WOODBURN, OR 97071 $15;000.00
Parcel: 052 W 12AC08200
ale Family Dwelling Type of Work: Alteration
kitchen and bathrooms
4 permits issued $1,715.65 $66,500.56
$6,754.56 $247,214.56
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41
�'I'1 r I Iii♦ r}
B V'
October 14, 2019
TO: Honorable Mayor and City Council through City Administrator
THRU: Martin Pilcher, Deputy Chief
FROM: Andy Shadrin, Lieutenant
SUBJECT: Liquor License Application
RECOMMENDATION:
That the Woodburn City Council recommend that OLCC approve the Liquor
License Application for The Playce (Ausmax2 LLC).
BACKGROUND:
Applicant: Brandon Singleterry
2742 Championship Drive
Woodburn, OR 97071
503-984-0423
Point of
Contact: Brandon Singleterry
2742 Championship Drive
Woodburn, OR 97071
503-984-0423
Business: The Playce (Ausmax2 LLC)
2245 Country Club Road
Woodburn, OR 97071
503-984-0423
Owners: Brandon Singleterry
Agenda Item Review: City Administrator City Attorney Finance
42
Honorable Mayor and City Council
October 14, 2019
Page 2
License Type: Limited On-Premises - Permits beer, wine, and cider sales and
consumption on licensed premises. May sell beer, wine and cider in "growlers"
for consumption off the licensed premises. May sell beer kegs for off premises
consumption.
On September 20, 2019, the Woodburn Police Department received an
application for Limited On-Premises sales liquor license for The Playce (Ausmax2
LLC). The business will operate as a coin operated game center. The business
will include a kitchen, small dining area, and gaming area. There will be seating
for up to 18 people available and no outside seating. There are no other forms
of entertainment listed on the liquor license application.
The Playce is located at 2245 Country Club Road in Woodburn, Oregon 9071 .
The hours of operation are from 1 :00 PM to 7:00 PM Monday through Friday. The
Woodburn Police Department has not received any communication from the
public or surrounding businesses in support of or against the proposed change.
DISCUSSION:
The Police Department has completed a background investigation on the
subject listed on the OLCC application, Brandon Singleterry. Brandon Singleterry
has no criminal history and is clear in all database checks. Brandon Singleterry
has a valid Oregon driver's license and one failure to obey traffic violation
conviction from May 2017.
FINANCIAL IMPACT:
None
43
u -,49M& Item
8U
a 1,d f;'! 7
October 14, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Curtis Stultz, Public Works Operations Director
SUBJECT: Wastewater Treatment Local Limits
RECOMMENDATION:
Adopt the attached resolution authorizing Wastewater Treatment Plant
utilization of amended Local Limits for the Discharge of Pollutants of Concern.
BACKGROUND:
The City is required by federal law to periodically evaluate the need to
implement and/or revise Local Limits to discharged pollutants from its
pretreatment program. As part of the City's 2010 pretreatment audit, DEQ
recommended that the City elect to use the 2002 Headwork Loading Limits on an
interim basis, until new Local Limits could be approved. A technical evaluation of
local limits has since been conducted that focused on pollutants of concern that
the wastewater treatment plant is not specifically designed to remove (primarily
heavy metals like arsenic, chromium, copper, etc.).
The revised Local Limits are prohibited sewage discharge limits, imposed on all
users of the wastewater treatment plant and collection system. With many of
the revisions being proposed, the calculations will actually be less stringent
because the new Wastewater Treatment Plant is more efficient in removing
pollutants from the wastewater. By using the less stringent limitations, the City
will be less likely to violate specific water quality standards. Any pollutant
loading in excess of the limits, decreases the wastewater treatment plant's
ability to successfully remove additional loading.
Wastewater Treatment Plant staff submitted to DEQ the revised Local Limits
calculations for review in October 2018. A thirty-day public comment period was
also required before the local limits could be presented for implementation by the
City Council. No comments were received during the comment period.
Agenda Item Review: City Administrator City Attorney Finance
44
Honorable Mayor and City Council
September 9, 2019
Page 2
DISCUSSION:
The City of Woodburn developed the amended Local Limits using methods
provided by DEQ and DEQ has provided a letter conditionally approving the
revised Local Limits. Per the City's Sewer Use Ordinance, any modifications or
amendments to the Local Limits must be implemented by Resolution.
FINANCIAL IMPACT:
There are no financial implications with approval of the amended Local Limits.
45
COUNCIL BILL NO. 3110
RESOLUTION NO. 2142
A RESOLUTION ADOPTING LOCAL WASTEWATER DISCHARGE LIMITS FOR THE DISCHARGE OF
POLLUTANTS OF CONCERN TO THE PUBLICLY OWNED TREATMENT SYSTEM AND REPEALING
RESOLUTION NO. 1817
WHEREAS, Federal regulations 40 CFR § 403.5 requires Publicly Owned Treatment
Works ("POTWs") to develop "Local Limits" for the discharge of pollutants of concern to
the wastewater treatment system; and
WHEREAS, the Oregon State Department of Environmental Quality ("DEQ") is
designated as the Approval Authority to regulate POTWs in Oregon and has required
the City to develop and revise Local Limits for the discharge of pollutants of concern to
the wastewater treatment system; and
WHEREAS, the City has developed revised Local Limits (Exhibit A) using methods
provided by DEQ; and
WHEREAS, DEQ has provided a letter conditionally approving the revised Local
Limits, and the Environmental Protection Agency's Region 10 office has been provided
with proper notification by DEQ; and
WHEREAS, the City published all required notices of the proposed changes to the
Local Limits, kept a public comment period open for at least thirty (30) days, and
thereafter did not receive any technical challenges to the proposed changes; and
WHEREAS, the Sewer Use Ordinance (No. 2556) requires that revisions to Local
Limits be adopted by resolution of the City Council; NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Local Limits described in Exhibit A are hereby adopted.
Section 2. The Local Limits described in Exhibit A become effective after
program modification approval by DEQ.
Section 3. Resolution No. 1817 is repealed when the Local Limits provided by this
Resolution become effective.
Approved as to form:
City Attorney Date
Approved:
Page 1—COUNCIL BILL NO. 3110
RESOLUTION NO. 2142
46
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2—COUNCIL BILL NO. 3110
RESOLUTION NO. 2142
47
EXHIBIT A
CITY OF WOODBURN LOCAL WASTEWATER DISCHARGE LIMITS
Pollutant Unit Limit
Arsenic mg/L 0.09
Cadmium mg/L 0.24
Chromium mg/L 7.13
Copper mg/L 1.75
Cyanide mg/L 0.16
Lead mg/L 0.52
Mercury mg/L 0.01
Molybdenum mg/L 0.47
Nickel mg/L 2.12
Selenium mg/L 0.30
Silver mg/L 0.07
Zinc mg/L 1.17
Oil and Grease mg/L 100
pH SU 5.5- 10.0
Page 3—COUNCIL BILL NO. 3110
RESOLUTION NO. 2142
48
OFFI Iii♦ r�}
B V'
October 14, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Chris Kerr, Community Development Director
Colin Cortes, AICP, CNU-A, Senior Planner
SUBJECT: Call-Up Briefing: Planning Commission Approval of Conditional Use,
Design Review, Street Exception, and Variance Applications for Nellie
Muir Elementary School at 1800 W. Hayes St (CU 2019-05, DR 2019-07,
EXCP 2019-03, & VAR 2019-05)
RECOMMENDATION:
Staff recommends no action and briefs the Council on this item pursuant to
Wa::aa::aa.: I�vas...arro f.::�evella:a rrieroll ( ra.: iiroa: roe. e WII::.:��;: Section 4.02.02. The Council may
........................................................................................................................Ip.....................................................................................................................................................(..........................................)... y
call up this item for review if desired and, by majority vote, initiate a review of
this decision.
BACKGROUND:
The Planning Commission held a public hearing on September 26, 2019 and
unanimously approved the Conditional Use, Design Review, Street Exception,
and Variance (Type III) with the conditions recommended by staff through the
staff report published September 19, addendum 102A "Public Works Comments
September 16, 2019", and addendum 2 (corrected analysis and finding text for
WDO 3.04.05 Traffic Impact Analysis) - except that the Commission modified
select conditions per the applicant's testimony submitted the date of the
hearing as a memo, "Requested Modifications to Conditions of Approval for
Nellie Muir Elementary School Improvements".
The modified conditions:
• Defer right-of-way (ROW) and public utility easement (PUE) dedications
and construction of street improvements until building permit final
inspection, which is essentially the same time as certificate of occupancy
(C of O), later than building permit issuance as the recommended
conditions had stated. Deferral includes constructing 6-foot sidewalk
along the eastern third of the W. Hayes Street frontage where none exists
49
presently instead of new 8-foot sidewalk along the whole frontage.
(Conditions Cl a, C9, Dl , and EX2a & bi)
• Lessen the number of site east perimeter trees along where Killian Spring
Parkway will be. (C 1 c)
• Have 8 bicycle parking stalls at the new main entrance instead of 12 stalls.
(C2b)
• Allow parking area light poles to be up to 25 feet (ft) high instead of 18 ft
and other pole and wall-mounted lights respectively to be 15 and 18 ft
high instead of 10 ft. (C7b)
No parties testified in opposition to the proposal.
The proposal by Woodburn School District 103 is about partial site
redevelopment including building addition/expansion, removal of the existing
parking area and at least three modular buildings, and addition of a new
northwest front visitor parking area and a south rear staff parking area at Nellie
Muir Elementary School (E.S.) on Tax Lot 052W 1 2D 06300 in the Public and Semi-
Public (P/SP) zoning district.
Page 2 of 2
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