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Agenda - 10/14/1991 .. AGENDA WOODBURN CITY COUNCIL OCTOBER 14, 1991 - 7:00 P.M. 1. 2. 3. CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. City Council minutes of September 23 regular meeting and Workshop of September 25, 1991. B. C. D. Planning Commission minutes of September 26, 1991. Ubrary Board minutes of September 25, 1991. Woodburn Museum Advisory Committee minutes of Sept. 18, 1991. 3A 3B 3C 3D 4. COMMUNICATIONS 5. ANNOUNCEMENTS AND APPOINTMENTS A. Proclamation: Community Health Center Week, October 14 - 18, 1991. 5A 6. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign 7. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. PUBLIC HEARINGS A. Continuation from 9-23-91 of appeal of Planning Commission road requirement condition - Pete Cam Subdivision #91-02. (Please refer to the agenda packet of 9-23-01 for the Planning Commission record in this matter.) 8A B. Transportation Development Program. 8B iigll]l;j1j~t;]\lp!.tI;jjl!lj;\I_jlj..g:i~j~;IIIBllj:[I~If~~~1~6l1j I1r 9. TABLED BUSINESS 10. GENERAL BUSINESS A. Uquor license change of ownership - LaPetite Deli. 10A B. Council Bill No. 1340 - Resolution amending Res. 1046 to allow for parking of employee and resident vehicles in lot adjacent to Post Office. 10B C. Council Bill No. 1341 - Resolution entering into contract with City/County Insurance for general & auto liability insurance. 10C o Council Bill No. 1342 - Resolution approving Transportation Development Program. 100 E. Council Bill No. 1343 - Resolution authorizing 1991-92 Transit Operating Assistance Grant agreement with State. 10E F. Council Bill No. 1344 - Resolution entering into computer software agreement with New World Systems for enhanced dispatch. 10F G. Acceptance of an easement along east property line of Grace Village property. 10G 12. APPROVAL OF CLAIMS A. Approval of claims for month of August 1991. 13. PUBLIC COMMENT 14. NEW BUSINESS 15. SITE PLAN ACTIONS 16. STAFF REPORTS A. Leaf pick up and disposal program. B. Building activity report for September 1991. 17. MAYOR AND COUNCIL REPORTS 12A 16A 16B 18. ADJOURNMENT lig@:::~~~::i~::!tqggligtiImtlt:::g_::~.IiI!:l:::ml9gl~~tl:!f:~:~I:~~:~ lIT 34 COUNCIL MEETING MINUTES September 23, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CllY HALL, CllY OF WOODBURN, COUNlY OF MARION, STATE OF OREGON, SEPTEMBER 23,1991. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Council President Jennings presiding. 0012 ROLL CALL Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Absent Presen~ ' Present Absent Present Present Present Staff Present: City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Police Chief Wright, Public Works Manager Rohman, City Recorder Tennant. 0030 Council President Jennings introduced Chris Childs who will assume the duties of City Administrator on November 1, 1991. 0040 MINUTES. FIGLEY/STEEN.... approve the Council minutes of September 9. 1991 and the special Council minutes of September 13, 1991; and accept the Planning Commission minutes of August 22, and September 12, 1991. The motion passed unanimously. 0052 LETTER OF RESIGNATION FROM CABLE T.V. ADVISORY COMMITTEE MEMBER. Barbara Lucas submitted a letter of resignation from the Cable TV Advisory Committee effective immediately. 0070 LETTER OF COMMENDATION RE: POLICE OFFICER JAMES SEELEY. Police Chief Wright read a letter from Lt. Raul Ramirez, Marion County Sheriff's Office, expressing his department's appreciation for the cooperation extended by Officer Seeley in clearing a hit and run traffic accident case and locating the suspect. Page 1 - Council Meeting Minutes. September' 23, 1991 11r 3/1 COUNCIL MEETING MINUTES September 23, 1991 TAPE READING 0122 A Council workshop has been scheduled for Wednesday, September 25th, 7:00 p.m., City Hall Council Chambers, to meet with County Commissioners regarding the 1991-92 property tax bills. 0170 Park Director Holly reminded the Council that West Woodburn park will be dedicated on October 5th, 11:00 a.m., and renamed to Burlingham Park. 0194 PROCLAMATION - DISABILITY EMPLOYMENT AWARENESS MONTH. Mayor Kyser issued the Proclamation declaring the month of October 1991 as Disability Employment Awareness Month. ' . . . 0250 APPOINTMENTS TO CABLE TV ADVISORY COMMITTEE. The Mayor recommended the appointments of Alma Grijalva and Uoyd Wilson to the Cable TV Advisory Committee. SIFUENTEZ/FIGLEY.... accept the Mayor's recommendation and appoint Alma Grijalva and Uoyd Wilson to the committee. The motion passed unanimously. 0233 PUBLIC HEARING - APPEAL OF PLANNING COMMISSION ROAD REQUIREMENT CONDITION - PETE CAM SUBDIVISION #91-02. Council President Jennings declared the public hearing open at 7:09 p.m.. Community Development Director Goeckritz read into the record the statement as required by ORS 197.763. Director Goeckritz reviewed the staff report and the Planning Commission's decision to require a road across Mill Creek to link all phases of the development. The road construction would not be required until Phase 4 of the development is built. At this point in time, it is anticipated that the final phase will be built in approximately four years. He also stated that the Commission's vote was 5-2 in favor of the road requirement. 0637 Craig Munson, design engineer for Trapp & Associates who represents Pete Cam, advised the Council that the road condition would require the developer to obtain a permit from the Division of State Lands due to the road crossing the wetlands. The permit process would result in an approximate one year delay to develop that portion of the project. In addition, the total estimated cost to construct the roadway is $200,000 which includes the road, loss of lots for the road and mitigation, and fill across the wetlands. He stated that there is an existing 20 foot road across the wetlands near the pond which could be brought up to engineering structural design and paved for emergency vehicle access only. The cost to improve the existing road would be $30,000 - $50,000. Page 2 - Council Meeting Minutes, September 23, 1991 11f 34 COUNCIL MEETING MINUTES September 23, 1991 TAPE READING 0943 Larry Kleinman, 1350 Judy Street, spoke in favor of the access road to help offset the increased traffic flow on Hawley Street to Cleveland Street then to Highway 99E. He also stated that, in his opinion, an east/west roadway was necessary within the development. He requested that the egress from the development onto Hawley Street not be opened until the connector road within Phase 4 is completed. Yvonne Martinez, 1350 Judy Street, suggested that the roadway would provide a continuity of the housing within the development which is proposed as both stick built homes and manufactured homes. 1240 Don Woodley, 840 Hermanson Street, spoke on behalf of th~'Meadow's Subdivision Association in opposition the Planning Commission's decision to require the roadway across the wetlands. He stated that future development south and west of Meadowpark would provide an additional two accesses to the proposed development by connecting to Brown Street. Additionally, the extension of Warren Way would provide a third access point to Brown Street. He objected to the placement of a barrier across the wetlands which may disturb wildlife habitat in the immediate area. He suggested that the City allow the developer to improve the current access road which is available immediately for emergency vehicles. Ernie Uvesay, 945 Meadowvale Lane, spoke in opposition to the road requirement across the wetlands and expressed concern for increased traffic flow in his neighborhood if the roadway was constructed. Councilor Jennings expressed concern in not receiving a report from the Fire Department or Ambulance Service regarding the traffic flow issue. Attorney Shields advised the Council that the public hearing could be continued until the next meeting for the purpose of receiving input on that specific issue. . 1620 FIGLEY/SIFUENTEZ.... hearing be continued to the next regularly schedule Council meeting for the purpose of obtaining input from both the Fire Department and Ambulance Service regarding the issue of the need for access for their purposes over the proposed street under discussion as well as over the proposed alternate emergency access site. The motion passed unanimously. At 7:53 p.m., the hearing was declared continued until October 14, 1991, at 7:00 p.m.. 1646 ACCEPTANCE OF STORM DRAIN EASEMENT ON BLAINE STREET. The staff recommended the acceptance of a rewritten storm drain easement along the west property line of property owned by Arthur and Betty Graf for the purpose of re-routing the existing storm drain in that area. FIGLEY/SIFUENTEZ.... accept the storm drain easement from the Graf's as rewritten and authorize the payment of $400.00 for the easement. The motion passed unanimously. Page 3 - Council Meeting Minutes, September 23, 1991 111 ..3A COUNCil MEETING MINUTES September 23, 1991 TAPE READING 1688 RAILROAD CROSSING IMPROVEMENT PRIORITIES. Public Works Director TIwari reviewed his memo recommending the improvement of one railroad crossing each year with the City to pay for the cost of materials and Southern Pacific Railroad to provide the labor for the improvement. The priority list as recommended by staff is as follows: 1) Uncoln Street, 2) Young Street 3) Hardcastle Street 4) South Front/Settlemier Street crossing The estimated cost for materials of one street crossing with two tracks (4 rails) is $19,800 and the estimated life span for the rubberized track is 20 years. FIGLEY/SIFUENTEZ.... accept staff recommendation on the priority list and authorize negotiations with Southern Pacific Railroad for payment of labor costs with the City paying for material costs. The motion passed unanimously. 1750 REQUEST FOR PUBLIC HEARING ON TRANSPORTATION DEVELOPMENT PLAN. Public Works Manager Rohman advised the Council that new federal and state regulations require a public hearing before the adoption of a transportation development program. FIGLEY/SIFUENTEZ... public hearing be set for October 14, 1991, 7:00 p.m., for the purpose of receiving public input on the Transportation Development Program. The motion passed unanimously. 1840 COUNCil Bill 1440 - RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1991-92. Council Bill 1440 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1440 passed unanimously. Council President Jennings declared the bill duly passed. 1871 COUNCil BILL 1441 - RESOLUTION ACCEPTING AN EASEMENT ACROSS THE SOUTHERN PACIFIC RAILROAD TRACKS FOR A STORM DRAIN PIPE. Councilor Sifuentez introduced Council Bill 1441. The bill was read by title only since there were no objections from the Council. Public Works Director TIwari briefly reviewed the supplemental agreement which extends the date of the original agreement to September 1992 and provides sufficient time for the completion of the storm drain project. On roll call vote for final passage, Council Bill 1441 passed unanimously. Council President Jennings declared the bill duly passed. Page 4 - Council Meeting Minutes, September 23, 1991 Ill" .3A COUNCIL MEETING MINUTES September 23, 1991 TAPE READING 1920 SITE PLAN REVIEW - MODULAR CLASSROOM FOR HEAD START PROGRAM. Community Development Director Goeckritz advised the Council that the Commission had approved the request to place a modular dassroom for the Family Head Start program on property owned by the First Presbyterian Church. No action was taken by the Council on this issue. 1993 WATER AND SEWER CONNECTION FEE PAYMENT RE: HABITAT FOR HUMANITY PROJECT. Public Works Director TIWari advised the Council that conne~ion fees for the house currently under construction could be paid from sewer and water sales revenues as done in the past with certain school volunteer projects. FIGLEY/SIFUENTEZ.... sewer and water connection fees for this home be paid for through sewer and water operating funds. The motion passed unanimously. It was the consensus of the Council to review the requests for assistance in payment of connection fees on a case by case basis. 2056 Councilor Sifuentez provided a brief report on the Farmfest parade which was held on Saturday, September 21st. 2082 Regarding the status of the Wal-Mart project, the staff advised the Council that contracts with the City have been signed, however, building permits have not yet been purchased by the company. 2109 ADJOURNMENT. The meeting adjourned at 8:07 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, September 23, .1991 I1r ..31/ COUNCIL WORKSHOP MINUTES September 25, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 25,1991. 0003 CONVENED. A workshop was held at 7:00 p.m. with Mayor Kyser presiding. The purpose of the workshop was to provide the County Commissioners with an opportunity to review the 1991-92 property tax bill and assessed valuation increases. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Present Absent Present Present Absent Present Absent Staff Present: Public Works Director Tiwari, Police Chief Wright, Finance Director Gritta, Park Director Holly, Library Director Sprauer, RSVP Director Harvey, City Recorder Tennant 0028 Marion County Commissioner Gary Herr stated that increased property values in the Mid-willamette valley have not provided the property tax relief to homeowners that was originally expected. With the passage of Measure 5, the valuation period was changed from January 1 to June 30th, therefore, giving the 1991-92 tax year an additional six months of valuation increase to place on the tax rolls. In the outlying metro areas, property values increased an average of 17% while commercial property only increased 2%-3%, and industrial property going down slightly due to new amortization schedules. Under the new law, assessed values are listed on the property tax statement sent to the property owner in late October and the property owners are allowed to file an appeal on the assessed value with the Board of Equalization between October 25th and December 31st of each year. In addition, the County Treasurer is required to withhold a portion of the taxes received from property owners and place those funds into a segregated cash fund which will be used to refund property owners for overpayments as determined by the Board of Equalization. Page 1 - Council Workshop Minutes, September 25, 1991 111' 3,1 COUNCIL WORKSHOP MINUTES September 25, 1991 TAPE READING Commissioner Herr provided the audience with examples of the property tax statement, however, he was unable to provide an exact tax rate to be assigned to each taxing district located within the city limits. Commissioner Herr also advised the citizens that the County will be installing 10 temporary telephone lines and hiring additional temporary personnel to assist property owners in receiving necessary information pertaining to their tax statements and appeal rights. 1095 ADJOURNMENT. The workshop was adjourned at 7:40 p.m.. APPROVED FRED W. KYSER, MA(:9'R ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - Council Workshop Minutes, September 25, 1991 I1r 3?J- MINUTES WOODBURN PLANNING COMMISSION September 26, 1991 1) ROLL CALL: President Mr. Johnson Absent Commissioner Mr. Vallieres Present Commissioner Mrs. Warzynski Present Commissioner Mr. Park Absent Commissioner Mr. Scott Present Commissioner Mr. Rappleyea Absent Commissioner Mr. Guerra Present Commissioner Mr. Bauer Present , Staff Present: Steve Goeckritz, Community Development Director Barbara Sochacka, City Planner 2) MINUTES: The Planning Commission minutes of September 12, 1991 were approved as written. 3) BUSINESS FROM THE AUDIENCE: None 4) COMMUNICATIONS: None 5) PUBLIC HEARINGS: SITE PLAN REVIEW #91-15 EAGLES LODGE ADDITION Staff read the necessary statement to start the public hearing. Staff stated that the applicant wished to develop a two story addition with an additional parking area for 40 parking spaces located at the west part of the property. PCM.9/26/91 SG/bw 1 Ilr PCM.9/26/91 SG/bw .3lJ Staff recommended approval with the conditions of 1} a landscaped plan be submitted to the Planning Department prior to issuance of building permits. 2) A sight obscuring ornamental fence/wall erected and maintained along the south and west boundaries. Commissioner Guerra asked if the design of the building conformed with the existing building. Staff answered that they did not have the information on the site plan, but the applicant and engineer could answer that specific question. Commissioner Warzynski asked how close the parking area was to the residents to the west. Staff answered that according to the site plan, it was 10 feet from the property line. . : . Commissioner Bauer asked staff if there had been any adverse response from the applicant to the recommendations of the staff. Staff answered no. Willie Rogers, Officer of the Eagles Lodge, stated that the color of the building will be the same. He stated that they were required to have 54 parking spaces, they have 70. He stated that they have never had to have the police called to the facility. It is their desire to beautify the area. Commissioner Warzynski asked if there was to be a fence between the residents on the west side and the parking lot. Mr. Rogers answered that there is an existing 6 foot fence on the west and they intend to build another fence on the south side. They do plan to landscape the area. Vice-President Vallieres asked if there was anyone who wished to speak in favor of this project. There were none. He asked if there was anyone who wished to speak against this project. There were none. He closed the public hearing. He asked the Commission if they wished to discuss it. Commissioner Bauer made the motion to approve Site Plan #91-15 subject to the recommendations of staff. Commissioner Scott seconded the motion. 2 I1r 3iJ- A vote was taken and it passed unanimously. 6) PUBLIC PARTICIPATION PROJECTS: TRAFFIC MITIGATION ALTERNATIVES - WEST HAYES PROJECT Staff went over the history of this project regarding the petitions, workshops and ballots sent out for response. Staff stated that they had discussed many alternatives to alleviate as many of the problems as possible. He stated that chokers, diverters, circles, etc. All of these work to a certain extent but none of them perfectly however, they would help alleviate some of the traffic impact. He stated that the response from the residents were that 1} West Hayes should be made into a cul-de-sac by Barclay Square 2} a semi-diverter permitting "right turn only" onto Evergreen installed on the corner of West Hayes. 3} a "No Through Trucks" signs placed on streets leading to W. Hayes. 4} speed limits changed to 20 MPH, Senior Citizens, installed along W. Hayes 5} Stop signs installed' 6n both sides of the pedestrian crossings on W. Hayes at the fairway crossings. 6} better police patrol of W. Hayes. If the above mentioned control measures do not substantially reduce traffic and protect pedestrians then 1} Divided island diverters be built on W. Hayes at the fairway crossings. 2} A "right turn only" median be installed at the corner of W. Hayes and Cascade to divert west-bound traffic from using W. Hayes. Staff discussed the traffic count observations taken in a two week period. 1) W. Hayes was identified as a minor collector in the City's Transportation Plan. 2} the average total number of vehicles on a typical day ranges from 1 000 to 3000 trips per day for such a collector. Staff stated that the bottom line was what kinds of techniques can be used to resolve this problem. Several options have been looked at. The options listed in the staff report are not all the options. A member of the audience asked if W. Hayes would be extended beyond Barclay Square Apartments. He asks if it were up for discussion. Staff stated that W. Hayes was identified as a connector that would go through to 1-5. Through site plan reviews, comprehensive plans have already identified that to be a collector. The audience member asked if staff had already told Wal-Mart that they could have W. Hayes Street as a second access. PCM.9/26/91 SGjbw 3 11r PCM.9/26/91 SG/bw 36 Staff answered yes, but not only to Wal-Mart. Barbara Lucas, 214 E. Clackamas Circle, stated that staff stated they promised the developer that they could have access to Hayes Street as a second access to their project. These developers stated in their traffic study stated that 8900 vehicles would be using their store everyday. The traffic analysis stated that 10% of those cars would be going down Hayes Street, that is 890 cars would be using Hayes Street everyday. She didn't feel that Staff, the Commission, or City Council had any right to tell a developer of a non residential use that he has the right to use a residential collector for traffic. She stated that the comprehensive plan stated you could not. Staff answered that it has been designated as a collector street. Staff stated that Lawson, Stacy Allison and another major arterial which will be located west of Barclay Square will be built to move traffic,to Hwy 214 and to move traffic down Evergreen to the Hayes Street access to Wal-Mart. Barbara Lucas stated that it was a pleasure to work with Mr. Vallieres and Mr. Bauer. She also stated that Staff helped the Task Force and even the Mayor. She thanked the Planning Commission for making these things available to the Task Force. Keith Woolen, 259 W. Clackamas Circle, stated that the Commission didn't realize that about 50% of the people who live south of Hwy 214 do not drive cars. He stated that this is the first time he has heard that making the end of Hayes Street a cul-de-sac was not a possibility. He stated that he felt that no one person had the right to give the developer access on Hayes Street. He stated that all the residents were asking was that it be designed to force people to enter and exit the Wal-Mart project on Stacy Allison thus discouraging the use of Hayes Street. He read the recommendations endorsed by the Senior Estates Board. Harold Chamlin, corner of W. Clackamas Circle and Hayes Street. He stated that he observes many things and he was concerned about the foot traffic. He feels that when the development is complete there will be twice the foot traffic. Shirley Michcel. Oregon Way, stated that she was not happy with the performance of Mr. Vallieres at the meetings of the Task Force and the Commission meeting. There was some further discussion of her feelings for Mr. Vallieres performance. 4 I1f PCM.9/26/91 SGjbw .38- John Taylor, 2202 W. H~yes, stated that he was curious as to the graph staff had, where they had a right turn off of W. Hayes on to Evergreen, he asked why staff did not want traffic to go into the area. Staff answered that if people wanted to use W. Hayes or Oregon to get to the area, they would have to go north. They would not be able to go straight ahead into the shopping center. This would help to cut down on the traffic flow. Mr. Evans, 560 Columbia Drive, asked what time frame there was before the settlement of this. Staff answered that what they hope was another meeting with the Commission and then present it to the City Council. He stated approximately 45 days. Mr. Evans then stated that if they were to seek legal cOuncil they should get with it. Paul Smith, Oregon Way, stated that he felt that he needed to challenge the figures used for the times per day that people leave their homes. He felt that the mitigating options could cause huge traffic tie-ups. He felt that a diverter located in the fairway crossing could really tie-up traffic and also impede the safety of pedestrians. Staff stated that the options brought up by the audience were some of the mitigation options listed. John Taylor stated that Mr. Smith stated that this would slow down traffic, he stated that this is the reason that it is being done. It would discourage traffic from using W. Hayes. Mr. Vallieres stated that small speed humps, not bumps, could be used in the street to help slow traffic. Shirley Michcel, stated that the reason that the Commission would not back down on the going against the plan that would divert traffic onto our community is because they are scared of Wal-Mart. She stated that the residents were not scared of Wal-Mart. Commissioner Warzynski stated that if the intention was to put a cul-de-sac at the end of Hayes it would have been done at the building of Hayes Street. It was meant to someday be extended with the growth of the town. 5 I1r PCM.9/26/91 SG/bw .38-- Monique Wettin, West Clackamas, stated that she felt that the philosophy of Woodburn's development and progress has left people orientation in the dust. It is all discount store orientation. Woodburn has subtitles such as the City of Trees, the City of Churches, but soon it will be soon be the City of Discount Stores. If Wal-Mart expects that 8000 cars per day, then in two days all the people in Woodburn would have shopped and the other five days they will either be empty or else we are supplying stores for the rest of the world. She felt that things need to be dealt with in the planning. She asked staff to clarify that to her recollection that part of W. Hayes had be vacated, yes or no. Staff answered that W. Hayes would go to the end of Barclay Square and intersect with a another street. There was some discussion on the end of Hayes Street should be a cul-de- sac due to the throughway behind Barclay Square. - ~' , ~ Wayne Swaggert, East Clackamas Circle, stated that he has concerns about the traffic. He stated that now the traffic backups on Hwy 214 at the 5:00 rush hour from the signal at Oregon Way back up Hwy 214 pass the fire station. He stated that he would like to see speed bumps discussed. Vice President Vallieres made some comments on the traffic situation on Rainier Rd. was getting bad due to the backups on Hwy 214. Commissioner Bauer asked staff for a current status on the traffic signal on Hwy 214 at Evergreen. Randy Rohman, Public Works Program Manager, stated that the City Council has entered into an agreement with the State of Oregon and Wal- Mart Stores to install a signal at Hwy 214 and Evergreen. There has not been no time frame set for the installation of that traffic signal. The City Council has signed the agreement, he stated that he assumed that it was then it was sent to Wal-Mart for their signature and then to the State. He assumed that it would probably be done with the construction of Wal-Mart, Stacy Allison, Lawson and the paving work that will be done on Evergreen. They have not indicated when the construction on the Wal-Mart store will begin. Commissioner Bauer asked Randy if there was also a traffic signal to be installed on Lawson. 6 I1r .38- Randy answered that there has never been a plan to put a signal on Lawson it is located too dose to the interchange. asked if there is no time frame, could the store open before the signal is installed. Randy answered that was a part of the agreement. Barbara Lucas stated that it. was her understanding that the State of Oregon would not let the store open unless the signal was in. Staff answered that it was a condition by the State. John Taylor, asked if there would be another meeting. Staff answered yes, in two weeks, on Thursday, Oc:t?ber"1 Oth at 7 p.m. Vice President Vallieres stated that the discussion would be continued until the next Planning Commission meeting. 7) REPORTS: Staff informed the Commission that staff was working on a transportation model. He informed the Commission that Chris Park would be collecting data for this project. When this data is collected the state will install it into a model for us to use "in house". 8) BUSINESS FROM THE COMMISSION: None 9) ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCM.9/26/91 SG/bw 7 I1r 3e, MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: September 25, 1991 Phyllis Bauer - Present ~oan Flomer - Present Gloria Predeek - Present ~ean Weatherill- Present Jan ZyryanoTT - Excused STAFF PRESENT: Linda Sprauer, Director ~udy Coreson, Recording Secretary GUESTS: None to Bauer called the meeting CALL TO ORDER: President Phyllis order at 12:05 PM. SECRET AR~' , S REPORT: DIRECTOR'S REPORT: OLD BUSINESS: 7;::J: ; -" ~- / " i :' The monthly Board minutes oT August 28, were approved as submitted. 1991 Monthly/Annual Statistics: The monthly were selT-explanatory. Linda prepared comparison report oT annual statistics. a 9.8% increase in Tiscal year circulation over the previous year. statistics a 5 year The r.e wa s 1990-1991 Activities: A list oT activities was distributed to the Board. There will be a North Marion County Librarians' meeting September 26 at 3:30 PM at the library. Book Detection System: Linda is waiting Tor additional inTormation Trom the Knogo Company. Staff Report: Harry Kilgore, Custodian, resigned eTfective December 31, 1991 intends to hire a replacement to begin time. has Linda at that Budget: Linda urged the Board to contact the Mayor and/or City Council to request that funds be added back into the library's budget if additional monies are r~ceived. This possibility was indicated by the previous City Admininstrator, Mike Quinn, since there were drastic cuts in the library's budget. 111 ~c, Goals and Objectives: The Goals and Objectives established in the Fall aT 1989 were discussed. Linda will bring an evaluation oT those goals and proposed new ones to the next meeting Tor additional revision. NEW BUSINESS: BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: There will be a meeting tonight at 7 PM in the Council Chambers at City Hall regarding property taxes. Representatives oT Marion County Commissioners will discuss the property valuations with City Council, City StaTT and the public. The meeting was adjourned at 1:25 PM. ADJOURNMENT: RespectTully Submitted (/J. /J., C~ ~Coreson Recording Secretary Library Board Minutes 9/25/91 2 Ilr "; 3D Woodburn Museum Advisory Committee, Monthly Meeting: Sept 18/91 L. Call To Order President Vance Yoder called the meeting at 1:15 Present: Vance, Red Eaden, Lou Jane Cornwell, Ernie Livesay Nevin Holly, Gene Stoller, Bob Hughes, Bob Sigloh, Clair Nelson, Hazel Smith. Excused: Ed Murphy, Nancy Kirksey, Kris McNulty, Paul Graham, Bob Baynham. Guests: Millie Eppler, Dot Mueller, and Kevin Hohnbaum. Communication from Bob Baynham was read. II. Five Points of theatre changes outlined by Tom Mitcheltree of the Board of Directors of the World Berry Players were discussed. Kevin Hohnbaum explained that they intend to raise money to pay for the desired changes. Bob Sigloh moved to accept 10% of the Theatre.I13' gross receipts through November, 1991. Motion seconded and carried. The consensus of the Museum Board Members was that changes will be acceptable only when they adhere to codes, and when they are architecturally, and financially feasible. III Gift Shoppe/lce Cream Parlor: Millie Eppler presented her financial report from 8/27/91 through 9/16/91 showing a balance of 194.00. Startup costs take a toll but Lou Jane phoned in her estimate of: Income = 1. '554.90 Expenses = C; <;2.12 Balance = (e2. Sf. IV Minutes of 8/14, 1991: Red moved to accept the minutes as printed. Motion seconded and carried. V. Correspondence: A letter from Kris McNulty was read explain- ing her health as a reason for resigning from the Board. All wish her well! Nevin Holly moved to accept her resignation with regret. Motion seconded and carried. VI Treasurer's Report: Lou Jane Cornwell reported: Bills paid: $10,000, down payment on the building !jt908.95 Title l"ees 6; ctreet lien 6150.00 +~20C, Craft shop start-up ..rp 222. 3C Lind IS Mkt. Balance: $4,909.07 I1r 3D VII New Business: Board vacancy: Board,members think about this for later. Refrigerator: Clair Nelson explained a need for a new thermostat. Agreed, a larger refrigerator would be desirable. It is important to keep the dial higher than 3. Rotary Donation: Pres. Vance asked those who could to attend Rotary Club Meeting at Brack's Restaurant, Thursday Sept 19 at noon to accept their promised donation from the Rose Fund. Smart Shop request: a.m. to 12:00 p.m. Style Show in the Theatre Oct 5, Agreed that Red should negotiate. 9:30 Golf Trophy Gift: golf tournament. Lloyd Peppmeier of Woodburn won the "ditch" We agreed to accept his gift trophy. Farmfest Parade: Vance appointed Nancy Kirksey as chairman of the Museum float. Hazel offered to assist her. The parade will be Sept 21. Loy's truck will be at the Museum at 8:30 a.m. George J. Richards'gift: Gene presented $26.00 from the nephew of Joe Richards in appreciation for genealogy informa- tion. Emmett Boger, Pres., French Prairie Hist. Soc. He asked us to be firm on a tour price. Agreed that we should charge $1.50 each person for any organized groups and that they pay in advance, in order that they will not use their time elsewhere; also special arrangements need to be made for showing a film. VIII Adjournment: 3:15 Next Meeting: October 9, 1991. Hazel j.,. Smith, Recording Secretary cD)r/ '/'l!L~ I1r 51{ CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 . 982-5222 PROClAMATION COMMUNI'lY HEALTH CENTER WEEK OCfOBER 14 - 18, 1991 WHEREAS, quality health care should be a right of everyone in this country, not a privilege of the more affluent; and WHEREAS, our system of health care must provide access for all segments of our population, regardless of their financial resources, in order for our community to be healthy and productive; and WHEREAS, effective health care delivery must be ~ilored to the needs and culture of the people being served; and WHEREAS, Woodburn is fortunate to have a community health center offering comprehensive services to individuals and families in the area, staffed by dedicated medical personnel, administrators and volunteers including the Friends of Salud Medical Center Committee; and WHEREAS, our community health center is part of a nationwide system consisting of more than 600 community-based and community-controlled centers serving almost 6 million persons a year; and WHEREAS, the community health center movement originated as a War on Poverty Program in 1965, and it has since established a successful model of health care for medically underserved communities; and WHEREAS, the community health center movement continues to advocate for the health care needs of the country's most vulnerable populations; NOW, THEREFORE, I, FRED W. KYSER, Mayor of Woodburn, do hereby proclaim October 14 - 18, 1991, COMMUNITY HEALTH CENTER WEEK, and urge everyone to recognize the critical seIVices provided by our local community health center staff and volunteers and by their thousands of colleagues throughout the country. 1;~K~,~ City of WOOdbU~or I1r SA MEMO TO: City Council through City Administrator FROM: Community Development Department SUBJECT: Continuation of Pete Cam Appeal of the Condition to Build a Road Across Mill Creek DATE: October 9, 1991 At your public hearing of September 23, 1991 the city council took testimony from the appellant, the public at large, and city staff. After some discussion, it was the decision of the council to obtain additional testimony from the Woodburn Fire Department an~, .Woodburn Ambulance. Therefore, the council continued the hearing until the next regularly scheduled meeting date of October 14, 1991. Incorporated in your packet is the response you requested by the Woodburn Fire District and Woodburn Ambulance. Ilg I1r ffA WQdbum 1J~ September 26, 1991 TO: Steve Goeckritz FROM: Bob Benck Fil-e Ma,-shal ~y- RE: Pete Cam Subdivision General Comments: It should be noted that minimum Fire Code requirements for access purposes are intended to provide the minimum amount of room necessary to move emergency vehicles. They are not intended to serve as minimum public street requirements. Generally, public street requirements exceed those for emergency access as other issues such as, traffic, parking and general congestion are considered. Turnaround Provisions: As noted minimum Fire Code turnaround provisions are intended for emergency vehicles only and are not to replace city requirements for cuI de sac or other provisions on public roads which may exceed minimum Fire Code requirements. Phased Development: Since this project is to phases any street which exceeds 150' in length then the minimum turnaround provisions must be temporary turnaround must meet minimum Fire Code be acceptable to the City of Woodburn. be developed in \~i th a dead end, provided. This requirements and Street or Emergency Vehicle Access to Phase Four: The connection of Phases 2 and 4 by a public street or emergency lane would definitely improve the ability of emergency vehicles to serve the area. As to the type of roadway a public street would be preferred. The final decision on type and location should be decided by the City Planner in conjunction with the developer. 1776 Newber" Hiahwav h n ~ .\Noodburn, Oregon 97071 ... 8A WOODBURN AMBULANCE & Health Care Supplies "A FRIEND FOR LIFE" RANDY C. GARNER, EMT-lll Presfdent 1040 N. Soones Ferry Road P.O. Sox 584 Woodburn, Oregon 97071 (503) 981-9598 DEBRA A. GARNER. EMT-tll Vice President KATHLEEN MORLEY, EMT tV Coflections Officer October 2, 1991 Mr. Steve Goeckritz Community Development Director City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Steve: I am writing in response to your request for my comments regarding the accessibility of the proposed Pete Cam Subdivision for Emergency Vehicles. In general, the subdivision appears to be layed out to allow for good access, with the following comments: #1 -- We are concerned about the "turn-arounds" which would appear to put emergency vehicles in the position of using residence driveways on the dead ends to back and turn. A cul-de-sac would be optimal in these areas. #2 The proposed ":?ossible Street Connection" between Phase 2 and Ph~~[ ~ yould certainly be preferable to the 20 foot access bO~0ering the pond, if such an access is deemed necessary. Our normal response protocol would not have us using this access for routine response to either of those areas. But the additional congestion in the area, caused by a lack of through streets in the area, could be a concern. In summary, our first comment regarding cul-de-sacs is important to us. Our comment #2 provides an optimal solution for Emergency Traffic. But we would stop short of saying that the lack of such a street would hamper our ability to provide a rapid response to these areas. Sincerely, r9(au'l (.J;~ Randy C. Garner. President I1r fB- MEMO TO: City Council thru City Administrator FROM: Public Works Program Manager LJ IJI---.- SUBJECT: Transportation Development Program DATE: October 7, 1991 The Transportation Development Program is revised annually during the first quarter of the fiscal year. This has been accomplished and copies of the revised program were given to Council at the September 23, 1991 meeting. There are two items in the revised plan that require input. The first is a capital improvement plan that outlines capital purchases planned over the next six years. The majority of funding for these purchases will come from Federal and State funds. New rules for Capital Assistance grants require that public input be sought. Planned purchases for FY 92-93 fiscal year include a new transit bus which will require approval of capital assistance funds under Section 18 of the Urban Mass Transportation Act. It is estimated that a new vehicle will cost $105,000. Current schedules call for this grant application to be submitted by December 30, 1991. The other planned purchase is a Telecommunications Device for the Deaf apparatus to be utilized to ensure full access to the Dial-A-Ride service. This device is estimated to cost $500.00. The second item is a new attachment to the program that deals with requirements of the Americans With Disabilities Act that was enacted into law earlier this year. The act requires all fixed route transit systems to provide complementary service to disabled individuals. We are proposing that current Dial-A-Ride service fulfills this requirement and this is reflected in the program. Plans to provide this complementary service must be submitted to the Oregon Department of Transportation, Public Transit Division, by January 26, 1992. 1Ir ~ /011 WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 982-2345 Ken Ur; ght _ Chief of Police DATE: September 26, 1991 Mayor and Council Fred Kyser, City Administrator Pro Tern Ken Wright, Chief of Police Liquor License WPD CR #91-5391 Change of Ownership Type of Business: Restaurant Business and Location: LaPetite Deli 1585 N. Pacific Hwy. Current Licensee: Marilyn Paradis Applicant Licensee: Lowell J. and Laurie L. Boyce The Police Department has received and completed the investigation for the application of Lowell and J~urie Boyce for Change of Ownership at LaPetite Deli. Recommendation: The Police Department recommends approval of the license as requested. KLW/ils c: File OLCC Boyce Paradis I1r /073- COUNCIL BILL NO. 1340 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 1046 TO ALLOW FOR PARKING OF EMPLOYEE AND RESIDENT VEHICLES. THE CllY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Section 2 of Resolution 1046 is amended to read as follows: Section 2. The IINo Parkingll time limitation in the designated parking lot shall be in effect from 11 :00 p.m. until 7:00 a.m. the following morning, except that ~ehicles with an official IWI parking permit affixed shall be allowed to park in this area. Approved as to form:n.~ City Attorney /0- I !? - II Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1340 RESOLUTION NO. I1r /D~ MEMO TO: Mayor and City Council FROM Mary Tennant, City Recorder .- ~.~' " DATE October 7, 1991 SUBJECT: Uability Risk-Sharing Pool The City has been a participant of the General Uability and Automobile Uability Risk- Sharing pool since 1988. The pool was designed to assist cities and counties in reducing fluctuations in the cyclical insurance market. The pool will cover losses up to $500,000 with an umbrella policy to cover losses in excess of pool coverage. The City renewed its liability insurance with CIS effective July 1, 1991. The adoption of the resolution will complete the necessary legal requirements for pqrticipation within the pool as outlined in the Trust Agreement, Bylaws and Rules. ' - Recommendation: Adopt the resolution to participate in the liability risk-sharing pool with City/County Insurance Services for a three-year period beginning July 1, 1991. III JOC- COUNCIL BILL NO. 1341 RESOLUTION NO. A RESOLUTION ENTERING INTO A CONTRACT WITH CITY/COUNTY INSURANCE SERVICES TRUST FOR GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE. WHEREAS, the City/County Insurance Services Trust (CIS) offers pooled self-insurance offering cost stability and the potential for long-term savings and; WHEREAS, CIS is sponsored by the League of Oregon Cities and the Association of Oregon Counties as a service to Oregon cities and counties; and WHEREAS, the City of Woodburn finds that membership in CIS is of benefit in managing the risks involved in providing services to its citizens; and WHEREAS, the City of Woodburn has been provided with an opportunity to review the Trust Agreement, Bylaws and Rules of CIS; and WHEREAS, the City of Woodburn has submitted the Trust Agreement Bylaws and Rules to its legal counsel to review for compliance with the Charter and Ordinances of the City of Woodburn; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn does hereby enter into a contract with CIS and becomes a member of the CIS Trust for General Liability and Automobile Liability for a three-year period commencing July 1, 1991 and agrees to abide by the terms of the Trust Agreement, Bylaws and Rules of CIS which, along with this Resolution, constitutes the contract between the City of Woodburn and CIS. The City Administrator is hereby authorized to execute such ~ ~ursuant to this Resolution. Approved as to Form7J · / 0 - % - '7 / City Attorney Date APPROVED FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 134~ RESOLUTION NO. r lob MEMO FROM: City Council thru City Administrator Public Works Program Manager 4- &-- TO: SUBJECT: Transit Operating Assistance Grant DATE: October 7, 1991 RECOMMENDATION: Approve the attached resolution authorizing the Mayor and City 'Recorder to sign an agreement with the Public Transit Division of the Oregon Department of Transportation to receive $16,700.00 of operating assistance for the City transit system. BACKGROUND: The City applied for operating assistance for the transit system under Section 18 of the Urban Mass Transportation Act of 1964 (UMTA). The assistance program is administered by the Oregon Department of Transportation, Public Transit Division. Funding for the program is from a combination of Federal and State sources. The application has been approved, signed by state officials and now must be signed by the City. Assistance received, $16,700.00, has remained constant over the past three years due to shortage of funds at both State and Federal levels. There is a definite possibility for an erosion of assistance under this program since approximately 60% of the funds are from the State. The next State budget cycle will probably not allow funding to continue at these levels. II" /Dl~ COUNCil BilL NO. 1342 RESOLUTION NO. A RESOLUTION APPROVING THE REVISED TRANSPORTATION DEVELOPMENT PROGRAM. WHEREAS, the Transportation Development Program is the long range planning document that guides the development of the city's public transportation services, and WHEREAS, the Capital Improvement Program included as attachment one is required for application for capital assistance, and WHEREAS, the Paratransit Plan included as attachment two is required by provisions of the Americans with Disabilities Act, and WHEREAS, program updates have been accomplished as required by the program, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City of Woodburn approves the revised Transportation Development Program. Approved as to form~. 'o:J,;;f ~ I!J ~ 10- /' ! City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1342 RESOLUTION NO. Ilr /O~ COUNCIL BILL HO. 1343 RESOLUTIOIlI HO. A RESOLUTIOIlI EllTERIHG INTO All AGREEHENT WITH THE STATB OF OREGOIlI, DEPARTHEIIT OF TRAHSPORTAXOH DOW AS TIlE "ANNUAL OPBRATDlG ASSISTAIICB GRANT AGRBEHENT" FOR FISCAL YEAR 1991-92, AIm AUTBORIZIIlIG THE KAYOR AND CITY RECORDER TO SIGH SUCH AGREEKBNT. WJIBRBAS, the city of Woodburn has applied for operating assistance funds for Fiscal Year 1991-92 under section 18 of the Urban Mass Transporation Act of 1964 (UMTA), in the amount of $16,700 for Woodburn Tranportation services, and WHEREAS, the state of Oregon, Department of Transportation, Public Transit Division has approved our application for such funds, HOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the city of Woodburn. ,enter into an agreement with the state of Oregon acting through its Public Transit Division to secure funds through section 18 of the Urban Mass Transportation Act of 1964 (UMTA) for operating assistance durin~ fiscal year 1991-92. Said agreement is attached hereto and by th1s reference incorporated herein. Section 2. That the Mayor and city Recorder of the city of Woodburn be authorized to date and sign said agreement on behalf of the city. rJ/\~.A A/?/) r J.~I ~ /J - /0-// Approved as to Form: city Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST: MARY TENNANT, CITY RECORDER city of woodburn, oregon ". /[JP tiEMO TO: LT. PAUL NULL, WOODBURN POLICE DEPARTMENT BOB SHIELDS, CITY ATTORNEY ED RECTOR, 9-1-1 DIRECTOR /~ OCTOBER 9, 1991 FROM: DATE: SUBJECT: COMPUTER HARDWARE CONTRACTS In our meeting on Tuesday we discussed the Customer Agreement contracts t,-om both rBM and New Wot-Id Systems (NWS) and the tact that-.both of those documents listed NORTH MARlON 911 as the customel-. Upon your d.dvice I have contacted both rBM and NWS and informed them that'~e would preter to have the City of Woodburn listed as the customer on ~ll legal documents. They have agreed and will send the new contracts as soon as possible. I also spoke with the Regional Sales Manager from NWS, Dan Phillips, about purchasing a performance bond trom them. The bond would allow the Ci ty to get a refund of all monies paid in the event NWS goes out of business before our project is complete. Mr. Phillips said that normally the bond is purchased by an agency that wants NWS to develop a complete compu ter system, i nc Iud i ng hardware and software, when a 1 arge sum of money would be requi red as a down payment. The performance bond ~...ould protect the agency from losing any money should NWS go out of business before the project is complete. The price of a performance bond for said that since we are purchasing a fot- 6 years, o.nd wi 11 be on-1 i ne order, he feels that the bond would us would be $1415.00. I'lr. Phi 11 ips software program that has been in use within 6-8 weeks after placing the not be necessary. Should the City of Woodburn wish to purchase the performance bond, it must be done within 30 days of signing the Software Agreement Contract. 11r /OF COUNCIL NO. 1344 RESOLUTION NO. A RESOLUTION ENTERING INTO A COMPUTER SOFTWARE AGREEMENT WITH NEW WORLD SYSTEMS CORPORATION AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the North Marion 9-1-1 Communications Center requested proposals from computer software vendors to allow for enhanced 9-1-1 computer-aided dispatch, and WHEREAS, the 9-1-1 User Board has recommended that a contract with New World Systems Corporation be executed, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a contract with New World Systems Corporation, which is attached as Exhibit 'WI and by this reference incorporated herein. Section 2. That the Mayor is authorized to sign said agreement on behalf of the city. ~ ~ Approved as to form: f J.~ ~ (0 - I iJ -1' / City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon I1r ...- ,. 1111 r::.XI-iII3IT I, - /D/- 3270 W. Big Beaver Rd. Suite 300 Troy, MI 48084 (313) 649-7100 October 9, 1991 SOFTWARE LICENSE AND SERVICES AGREEMENT This AGREEMENT is between New World Systems Corporation (NWS), a Michigan Corporation and CITY OF WOODBURN, OREGON (CUsrOMER). This AGREEMENT sets forth the terms and conditions under which NWS will license to CUSTOMER the use of the LICENSED PRODUcrs as defined herein. This AGREEMENT further sets forth the terms and conditions by which NWS shall provide Support Services, including Software Installation, Customer-Assisted education and training, Software modifications and enhancements, and Consultation services as more fully described in Exhibit B eSUPPORT SERVICES AND FEES AUTHORlZATION-). This AGREEMENT further sets forth the terms and conditions of your STANDARD SOFIWARE MAINTENANCE AGREEMENT (SSMA) as more fully described in Exhibit C CSTANDARD SOFIW ARE MAINTENANCE AGREEMENT-). This AGREEMENT further sets forth the terms and conditions by which third parties may obtain access to NWS Confidential and/or proprietary information through CUSTOMER (see Exhibit D). The Licensed Products and Services provided hereunder are governed by the tenns and conditions of this fourteen (14) page AGREEMENT and the attached Exhibits A, B, C and D. NWS and CUSTOMER acknowledge that each of them has read this AGREEMENT, together with the attached Exhibits A, B, C and D, understands them, and agrees to be bound by their tenns and conditions. Further, both parties agree that the complete and exclusive statement of the agreement between the parties relating to the matters referenced herein is set forth in this AGREEMENT and the attached Exhibits A, B, C, and D. This AGREEMENT supersedes all prior representations, commitments or other prior agreements, oral or written, and neither party is relying upon the expertise of the other in entering into this AGREEMENT. ACKNOWLEDGED AND AGREED TO BY: NEW WORLD SYSTEMS CORPORATION (NWS) CITY OF WOODBURN. OREGON (Customer) By: Larry D. Leinweber, President By: Authorized Signature, Title By: Authorized Signature, Title Date: Date: CONFIDENTIAL Page 1 of 14 I1f /oF II. GENERAL TERMS AND CONDITIONS 1.0 OWNERSHIP. 1.1 CUSTOMER acknowledges and agrees that the UCENSED PRODUcrs and all copyright, trade secrets and other proprietary rights, title and interest therein. are the sole property of NWS or its licensors, and CUSTOMER shall obtain no right, title or interest in the UCENSED PRODUcrS by virtue of this AGREEMENT other than the nonexclusive right to use the UCENSED PRODUcrs as set forth below. Without limiting the foregoing, CUSTOMER specifically acknowledges and agrees that NWS exclusively owns, or is the licensor of, the UCENSED SOFIW ARE, or any other Software developed for CUSTOMER, and/or provided to CUSTOM- ER, by NWS under this AGREEMENT. 1.2 The license to use any CUSTOM SOFfWARE provided under this AGREEMENT, if any, is included in this license. NWS shall have the right to use any data processing ideas, techniques, concepts, and/or know-how acquired by it in the performance of services under this AGREE- MENT including the development of CUSTOM SOFIW ARE for the advancement of its own technical expertise and the performance of other Software License and Service Agreements or any other applicable agreements. NWS shall have, without restriction, the ri,ght to use all programs, procedures, information, and techniques that are publicly available, otitahied or obtainable from third parties and/or developed independently by NWS without specific reference to CUSTOMER's organization. Under no circumstances shall CUSTOMER be allowed to sell, copy, or distribute the UCENSED SOFIW ARE, including any CUSTOM SOFIW ARE, to any third party. 2.0 SINGLE USE LICENSE. 2.1 In consideration of CUSTOMER's payment of the license fees specified in Exhibit A and any support and maintenance fees payable hereunder, NWS grants CUSTOMER a perpetual, personal, nontransferable and nonexclusive right and license to use the UCENSED PRODUcrS on the COMPUTER. CUSTOMER represents and warrants and agrees that the UCENSED PRODUcrS shall be used only on the COMPUTER and only for the benefit of CUSTOMER. With payment of license fees for source code, CUSTOMER shall have the right and license to use, enhance, or modify the UCENSED SOFfW ARE only for CUSTOMER's own use and only on the COMPUTER. 2.2 Upon availability of equipment, NWS shall deliver to CUSTOMER one copy of the user manual and one copy of the binary code (in machine readable form compatible with the systems configuration selected on storage media supplied by CUSTOMER) for each application of LICENSED SOFTWARE installed. Where applicable, NWS shall also deliver one copy of the source code of the UCENSED SOFTWARE. CONFIDENTIAL Page 3 of 14 I1r /OF 3.3 This correction service does not apply to any of the following: (i) situations where the UCENSED STANDARD SOFIW ARE bas been changed by anyone other than NWS personnel; (ii) situations where CUSTOMER's operations error causes incorrect information or reports to be generated; and (iii) invalid requests. 4.0 CUSTOMER COMMl1MENTS AND RESPONSIBILITIES. 4.1 In order for this AGREEMENT to result in a successful installation and user operation, and in addition to all other CUSTOMER obligations set forth herein. CUSTOMER hereby commits to and must comply with the following responsibilities: (i) CUSTOMER shall make direct payment(s) to mM or other appropriate parties for the purchase, lease, or rental of the hardware equipment components necessary for this AGREEMENT; (ii) CUSTOMER shall provide the management interface and support necessary to successfully complete the installation of IlCENSED SOFIW ARE. This includes policy and procedure reviews, priority setting, and timely involvement in supporting a change in CUSTOMER's environment where systems, people, or the like, are being restructured and/or the organizations are being modified; (iii) CUSTOMER shall assign a responsible person defined as the CUSTOMER UAISON to act as the liaison between CUSTOMER and NWS for the duration of the IlCENSED SOFIW ARE installation. In the event CUSTOMER must replace the CUSTOMER UAISON because of an employee termination or at NWS' request, CUSTOMER is required to assign a new CUSTOMER liAISON within 30 days of the termination or request. NWS is not responsible for any delay caused directly or indirectly by the reassignment of the CUSTOMER LIAISON. In addition to other liaison activities, the CUSTOMER UAISON shall: (a) be responsible for obtaining responses to all of NWS' requests. for information; " (b) have authority to sign for and obligate CUSTOMER to any changes relating to design, costs and delivery dates; and (c) have authority to sign acceptance test documents if requested by NWS evidencing systems performance of each application of the IlCENSED SOFIW ARE pursuant to the application systems test procedures specified in Paragraphs 9.1 and 9.2. (iv) CUSTOMER shall provide timely participation in systems definition, detail design, and direction of user data collection, where appropriate; CONFIDENTIAL Page 5 of 14 I1r lor 6.2 In the event CUSTOMER decides to upgrade the computer model of AS/400, CUSTOMER will pay at the time of upgrade the difference between the standard software charges for the present AS/400 model (see Section I, number 11) and the standard software charges for the upgraded AS/400 model. Software maintenance charges provided for under Exhibit C shall be increased according to the upgraded AS/400 charges on the next annual billing date after the upgrade occurs. With said payments, CUSTOMER's license shall be transferred to permit use of the UCENSED SOFIW ARE on the upgraded AS/400 model. 6.3 CUSTOMER agrees to immediately notify NWS when AS/400 models will be upgraded and to pay promptly when invoiced. 7.0 PERSONNEL. 7.1 During the entire duration of this AGREEMENT and for twelve (12) months thereafter, each party agrees not to solicit or hire current or former employees of the other without the other's prior written consent. 7.2 NWS shall exercise its best efforts to furnish competent employees for service under this AGREEMENT. CUSTOMER shall notify NWS if it believes a NWS emplpyee is unsatisfactory. Given adequate cause to believe the NWS employee is unsatisfactory for the services to be performed hereunder, NWS shall remove that employee from the project upon receipt of notification from CUSTOMER and replace himlber with a competent employee satisfactory to CUSTOMER as soon as reasonably possible. 8.0 CONFIDENTIAL INFORMATION/NON-DISCLOSURE AGREEMENT. 8.1 Subject to the requirements of the Freedom of Information Act (FOIA) and/or other comparable applicable state law, each party shall hold all CONFIDENTIAL INFORMA nON in trust and confidence for the party claiming confidentiality and not use such CONFIDENTIAL INFORMA- TION other than for the benefit of that party. Tbe other party agrees not to disclose any such CONFIDENTIAL INFORMATION, by publication or otherwise, to any other person or organization. To the extent CUSTOMER needs to disclose or make available CONFIDENTIAL INFORMATION to a person or organization whose services CUSTOMER requires for purposes of carrying out the terms of this AGREEMENT or as NWS otherwise agrees in writing, CUSTOMER agrees that it shall require the person and/or organization to execute and deliver to NWS prior to disclosure a NonDisclosure agreement in the form and manner as set forth in Exhibit D. Failure by CUSTOMER to comply with this restriction on third party access will allow NWS to recover all damages and legal fees incurred in the enforcement of this provision, in addition to any other legal remedies available to NWS. 8.2 CUSTOMER hereby acknowledges and agrees that all LICENSED PRODUcrS are CONFIDEN- TIAL INFORMATION and proprietary to NWS. CUSTOMER agrees, in addition to the foregoing, that it shall implement all reasonable measures necessary to safeguard NWS' (or its licensor's, as appropriate) ownership of, and the confidentiality of, its LICENSED PRODUcrS, including without limitation the following measures: CONFIDENTIAL Page 7 of 14 !1r /OF 9.3 Systems Pecfonnance Criteria 2: Acceptance of each application of UCENSED SOFIW ARE installed sball occur based on CUSTOMER's use of the application of UCENSED SOFIW ARE to produce data or output which is distributed for actual use and/or otherwise utilized as -live data- (e.g. payroll checks, water bills, tax bills, general ledger reports, data base searches and/or inquiries, police reports, fire reports, etc.). 10.0 WARRANTIES 10.1 NWS warrants that the UCENSED STANDARD SOFIW ARE will perform as represented in its user manuals based on the then-current release of UCENSED STANDARD SOFIWARE. 10.2 NWS warrants that it possesses the necessary intellectual rights to license to CUSTOMER the UCENSED SOFIW ARE provided hereunder. 11.0 DISCLAIMER, RELEASE AND UMITATION OF UABILmES 11.1 THE WARRANTIES SET FORTH IN PARAGRAPHS 10.1 ~. 10.2, AND THE OBLIGATIONS AND LIABILITIES OF NWS AND THE RIGIITS AND REMEDIES OF CUSTOMER SET FORTH IN TIllS AGREEMENT ARE EXCLUSIVE. CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, OBLIGATIONS, REPRESENTATIONS AND LIABILITIES OF NWS NOT SPECIFICAL- LY WARRANTED HEREIN, TOGETHER WITH ALL RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST NWS, EXPRESS OR IMPLffiD, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMANCE OR IMPERFECfION IN ANY LICENSED PRODUCT, INCLUDING BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES (a) FOR LOSS OF USE, REVENUE OR PROFIT; AND/OR (b) FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES AND/OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LIABILITY OF CUSTOMER TO A THIRD PARTY. 11.2 FOR ANY CLAIM ARISING UNDER OR IN CONNECTION WITH TIllS AGREEMENT, INCLUDING AS AN INDEMNITOR TO A THIRD PARTY, NWS' LIABILITY FOR DAMAGES, REGARDLESS OF FORM OF ACTION, IS LIMITED TO THE RECOVERY OF THE EXHIBIT A SOFTWARE LICENSE FEES PAID TO NWS FOR EACH APPLICATION LICENSED SOFIWARE LISTED ON EXHIBIT A. CONFIDENTIAL Page 9 of 14 I1r lOr (ii) The termination notice shall specify whether the termination is for failure to make prompt payment or for failure to fulfill its responsibilities; (iii) The termination notice shall provide detail of the claimed deficiencies; (iv) If the cited reason for termination is CUSTOMER's failure to make prompt payment, CUSTOMER shall have ten (10) days from receipt of said notice to make payment in full for all outstanding invoiced payments due; (v) If the cited reason for termination is CUSTOMER's failure to fulfill its responsibilities, CUSTOMER shall have ninety (90) days from receipt of said notice to correct any actual deficiencies in order to satisfy the terms of this AGREEMENT; (vi) At the end of the applicable cure period, unless the termination has been revoked in writing by NWS, the AGREEMENT terminates. 13.3 In the event of termination by either party, NWS shall continue ~ v~vide its services, as previously scheduled, through the termination date and the CUSTOMER shall continue to pay all fees and charges incurred through the termination date as provided in Exhibits A, B, and C. 13.4 In the event neither party formally terminates this AGREEMENT, it naturally terminates when the obligations and responsibilities of both parties have been satisfactorily fulfilled. 13.5 Upon termination, for each application of LICENSED SOFIWARE provided hereunder and unless CUSTOMER has fully paid the Exhibit A license fees for the application of LICENSED SOFIW ARE in question, CUSTOMER shall return to NWS all copies of the applicable LICENSED PRODUCTS provided to CUSTOMER under this AGREEMENT. 13.6 Nothing in this paragraph on termination is intended to infer that either party has or does not have a claim for damages. 13.7 The Terms and Conditions relating to non-disclosure, confidentiality and other ongoing rights and remedies survive termination, including without limitation, paragraphs 1.1, 1.2, 7.1, 8.1, 8.2, 8.3, 11.1, 11.2, 11.3, 11.4, 14.1, 17.1, 17.2, 17.3, 17.4, 17.5, 19.1, 19.2,20.1,20.2,20.3,20.4 and 20.5 of the GENERAL TERMS AND CONDmONS. 14.0 IN1EGRATION WIlli U.S. COPYRlGHT ACT. 14.1 In addition to aU other provisions provided under this AGREEMENT, CUSTOMER agrees to be bound by and to comply with any and all provisions of the U.S. Copyright Act (The Copyright Act 0/1976. U.S.C. Sections 101-810 (1976) as amended by 17 U.S. C. Sections 101-810 (1982)). If a provision of the U.S. Copyright Act and this AGREEMENT conflict, the more restrictive of the two applies. If it cannot be determined which is the more restrictive, then the provision within this AGREEMENT shall apply. CONFIDENTIAL Page 11 of 14 ~ JOF 17.2 As a condition precedent to arbitration, the parties agree that before beginning an arbitration proceeding, the management of both parties shall have met at least two times in face-to-face meetings in an effort to resolve any dispute or controversy through normal business management practices. A minimum of one meeting shall take place at each party's offices or other mutually agreeable location. 17.3 Tbe arbitrators shall have no power or authority to add to or detract from this agreement of the parties. Tbe arbitrators sball have no authority to award damages over and above those provided for in this Agreement and in any event shall not exceed the limitations set forth in paragraph 11.2, even if the warranty and/or limitation of liability provisions set forth in this Agreement shall for any reason whatsoever be held unenforceable or inapplicable. 17.4 Neither party nor the arbitrators may disclose the existence or results of any arbitration hereunder, except if the arbitration results in a Court imposed, judgment, the non-disclosure restriction is not effective, but only to the extent the matter becomes a public record. 17.5 Each party shall bear its own costs in preparing for and during arbitration, except that the joint costs of the actual arbitration proceeding shall be shared equally by the parties. 18.0 PATENT AND 1RADEMARK INDEMNIFICATION. 18.1 NWS agrees to indemnify and save the CUSTOMER harmless from and against any and all judgments, suits, costs, and expenses resulting from any alleged infringement of any patent or copyright arising from the licensing of LICENSED SOFIW ARE pursuant to this AGREEMENT. 18.2 CUSTOMER shall notify NWS in writing of such allegation within thirty (30) days of the date upon which the CUSTOMER first receives notice thereof. Failure of the CUSTOMER to give such notice shall relieve NWS of all obligations to indemnify CUSTOMER under Paragraph 18.1. 19.0 NOTICES. 19.1 Notices to CUSTOMER shall be deemed effective when sent by Registered or Certified U.S. Mail to the business address of the CUSTOMER. 19.2 Notices to NWS shall be deemed effective when sent by Registered or Certified U.S. Mail to the following address (or to any other address so specified by NWS): New World Systems Corporation 3270 West Big Beaver, Suite 300 Troy, Michigan 48084 Attention: President 20.0 GENERAL. 20.1 This AGREEMENT is the entire agreement between the parties superseding all other communica- tions, written or oral, between the parties relating to the subject matter of this AGREEMENT. This AGREEMENT may be amended or modified only in writing signed by both parties. CONFIDENTIAL Page 13 of 14 I1r lor EXlDBIT A LICENSED STANDARD SOFIWARE PACKAGES A. Cost of LICENSED STANDARD SOFIW ARE Packae:es selected bv CUSTOMER: APPLICATION PACKAGE COST MONTHIYEAR REOUESTED 1. Police/FirelEMS CAD - Base Package (multi-jurisdiction) - Unit Status Monitors - Goo-File Verification - House and Location Watch - Interface to New World Records $ 28,000 When equipment available 2. Interface Software - E-911 Interface Module When equipment available 5,000 Cost of Standard Software: $ 33,000 Less: Demonstration Site Discount: (3,300) $ 29.700 TOTAL SOFTWARE COST: B. Payment Schedule for LICENSED STANDARD SOFIW ARE 1. DOWN PAYMENT (40% of the total Exhibit A Cost - Invoiced upon receipt of signed SOF1WARE LICENSE AND SERVICES AGREEMENI) $ 11.880 2. INSTALLATION PAYMENT (50% of each package Exhibit A Cost - Invoiced as each IlCENSED STANDARD SOFIWARE package is installed on your computer, normally within 15 days from equipment availability) $ 14.850 3. FINAL PAYMENT (10% of each package Exhibit A Cost- Invoiced 90 days after installation of each LICENSED STANDARD SOFIW ARE package) $ 2.970 TOTAL LICENSED STANDARD SOFTWARE PAYMENTS DUE $ 29.700 ALL PAYMENTS ARE DUE WITHIN TEN (10) DAYS FROM RECEIPT OF INVOICE THE ABOVE PACKAGE COSTS ARE VALID THROUGH OCTOBER 30.1991 CONFIDENTIAL I()F EXIllBIT C STANDARD SOFTWARE MAlNTENANCE AGREEMENT This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (NWS) and CITY OF WOODBURN. OREGON (CUSTOMER) sets forth the standard software maintenance and other support services provided by NWS. 1. Service Period This SSMA shall remain in effect for a period of five (5) years beginning on the 91st day after the installation of the UCENSED STANDARD SOFIW ARE package (the start date) and ending on the same calendar date five (5) years after the start date. 2. Services Included Tbe following services or features are included or are available under this SSMA: (a) (b) (c) (d) (e) New releases of the UPGRADES to the LICENSED STANDARD SOFIW ARE; (previous releases of UPGRADES are supported no longer than nine (9) months after a new release is announced by NWS); UPDATES to LICENSED STANDARD SOFIW ARE including temporary fixes; Revised versions to LICENSED STANDARD SOFTWARE user documentation; Reasonable telephone support for LICENSED STANDARD SOFIW ARE on Monday through Friday from 8:00 a.m. to 7:00 p.m. (Eastern Time Zone); Invitation to and participation in user group meetings; and (f) Additional support services are available as requested by CUSTOMER using the then- current hourly rates. Exhibit B has a description of support services available. Items (a), (b) and (c) above will be distributed to CUSTOMER on magnetic media as appropriate. After installation, CUSTOMER shall return the magnetic media to NWS. 3. Maintenance for Modified Licensed Standard Software and Custom Software CUSTOMER is advised that if it has requested changes or modificatiolW to the LICENSED STANDARD SOFTWARE, these changes or modifications (no matter who makes them) may make the modified LICENSED STANDARD SOFTWARE more difficult to maintain. If NWS agrees to support CUST9M: SOFIW ARE or LICENSED STANDARD~S(jFrwARE modified at CUSTOMER's request, then the NWS maintenance services provided shall use Exhibit B hourly fees for the additional support services required. 4. Billil12 Maintenance costs will be billed annually, beginning on the 91st day after installation and on the same day each year thereafter for the term of the SSMA. This cost includes the services listed in paragraphs 2a, 2b, 2c, 2d, and 2e of Exhibit C. If used for maintenance, Exhibit B support service hours and travel costs will be billed weekly for the previous calendar week. 5. Additions of Software to Maintenance A2reement Additional LICENSED STANDARD SOFTWARE licensed from NWS will be added to the SSMA as it is installed. Costs for the additional maintenance will be billed to CUSTOMER on a prorata basis for the remainder of the maintenance year and on a full year basis thereafter. CONFIDENTIAL I1r lOr- EXHIBIT D NEW WORLD SYSTEMS CORPORATION NON-DISCWSURE AND SECURITY AGREEMENT FOR THIRD PARTIES For permission to use and/or have access to New World Systems Corporation (NWS) proprietary and/or confidential infonnation, including without limitatio~ software programs and/or documentation Installed at CITY OF WOODBURN. OREGON Customer Name Customer Liaison Authorizing Access: Name (Please Print or Type) Located at: 270 MONTGOMERY ST WOODBURN. OR 97071 Signature As part of the request to evaluate, use or have access to NWS proprietary and/or confidential information, including without limitation NWS software and/or documentation, the organization and individual whose names appear below, agree to the following: 1. No copies in any form will be made of NWS proprietary or confidential information without the expressed written consent of NWS's President, including without limitation, the following: - Program Libraries, whether source code or object code; -Operating Control Language; -Test or Sample Files; - Program Listings; - Record Layouts; - All written confidential or proprietary information originating from NWS including without limitation, documentation, such as user manuals and/or system manuals; and/or - All NWS Product Bulletins and/or other NWS Product related materials. 2. NWS software, NWS documentation, or other proprietary or confidential information shan not be used for any purpose other than processing the records of the Customer identified above as permitted in the Customer's SOFIWARE LICENSE AND SERVICES AGREEMENT with NWS. 3. NWS may seek enforcement of the above restrictions by injunction in addition to any other appropriate enforcement.. ~tion. In the event it is determined that the money damages caused by the undersigned's failure to comply with the foregoing terms are difficult to ascertain, they are hereby estimated at liquidated damages of no less than three times the sum of the Exhibit A software costs, the estimated Exhibit B support fees and the Exhibit C maintenance costs provided for in the SOFIWARE LICENSE AND SERVICES AGREEMENT between the Customer and New World Systems Corporation. ACCEPTED BY THIRD PARTY ORGANIZATION Organization: By: Title: Date: ACCEPTED BY INDIVIDUAL (EMPLOYEE, CONSULTANT, CONTRACTOR, ETC.) Individual: By: Title: Date: CONFIDENTIAL ... MEMO TO: City Council through Acting City Administrator FROM: Leland Schaudies, Public Works Department /()(/ SUBJECT: Acceptance of an Easement, 25 feet wide along the east property line of Grace Village Property DATE: October 7, 1991 RECOMMENDATION: That the Woodburn City Council accept the easement as depicted on the map below. ~,~~ rU4- ~40 I : .w SCALE NO"' r- I I I I I I1r ~ a.. ", ~ I- ~ Ul~ ~ ~~ ~ ~~ ~ ~ llj. ~ t'.J ~ t: V) ~ -... h ~ Leto. SSJC (c.-s I~A CHECK DATES IN THIS PACKET AS YOU MAY HAVE NOTICED, THE CHECK LISTING ENCLOSED IN THIS PACKET CONTAINS CHECKS DATED BOTH AUGUST AND SEPTEMBER. OUR NEW SOFTWARE DATES CHECKS IN A DIFFERENT WAY THAN DID OUR OLD SOFTWARE. WE ARE INCLUDING SOME CHECKS WITH SEPTEMBER DATES WITH THIS,MONTH'S PACKET BECAUSE THESE CHECKS WERE FOR EXPENSES INCURRED IN AUGUST AND REFLECTED ON OUR AUGUST FINANCIAL STATEMENTS. WE FEEL IT IS IMPORTANT THAT THE EXPENSE LISTING IS CONSISTENT WITH THE FINANCIAL STATEMENTS FOR THE PERIOD. THIS MAY OCCUR ONE MORE TIME, BUT BEGINNING WITH THE OCTOBER LISTING DATES WILL FALL WITHIN ONE MONTH FOR SIMPLICITY'S SAKE. OUR AUDITOR AGREES WITH THIS PROCEDURE. - 9/91 TE CHK NO 8/91 8/91 0/91 8/91 8/-;1 &/91 8/91 0/91 8/91 &/91 f/~1 ~'S1 ~/S.1 :>/91 ~/91 f/S1 ,/'i;; 2./91 ,/91 bl91 0191 b/91 i;i~1 ~/51 ,,1$1 0/91 t/91 (;/91 o/S1 '::'/91 e/91 c/S1 8/91 6/91 t./S1 t./91 8/91 (/)1 b/)1 i/91 0191 ,,191 G/91 o/~l ti/91 6/91 "/S1 tlS1 c/S1 8/91 dl91 S/Sl t/S1 a/~1 b/~1 11 ",;.3 11 ,~4 11205 112f,6 11207 11i:<:id 11201 llL90 11291 11292 11 29::5 11294 11295 1129b 11297 1129" 112SY 11 SOJ 113Gi 1130 i 11.5(;3 11ji.;-+ 113("':'> 113v:> 11.;:,L7 l1:iiJo 11 3C y 1131J 11311 11312 11313 1131~ 1131 j 1131t. 11317 11316 11:>1; 11 :520 11 .3 ~1 113~2 11323 11 3, It 11325 113~.) 11.327 11.526 113:: 9 11.5 30 11331 11.5::'2 11.B3 11334 11335 11.n~ 11337 AlP tHECK LISTING vEND OR ~LcASON CORPOKATION EOvERNME~T 300KSTORE t".ARY MARRIS hARRIS UNIFOld"~ ~~RS~btR~cR t,OTORS HESSEL TRACTOR ~ EQUI? t.:l"lat:j(s EOOKS hJbDAKD PLUM8lNG INDJSTKI~L MACklNING lNDUSTRlA~ ~fLt!N~ I< AH-J\ '::(-T A JeAN KARP. 8. (J VASK;:Y I<CPEIKIN .FETER M. ~OONOVALOV l<.uSTCM KRt:AT!ONS l e l ~UIL01N~ ~UPPLl~S L~DO~ hElATIC~~ iNFO 3YSl lE~~L= Jf CR CITl~S l=lSt.::\E; A<{TS Lc~J~ ;MfL(MtNT CJ. llN~CLN ~~U!FMtNT co. LrfTCN, STiPh:J\ - ATTY LOCAL ~O~'T fE~$. INST. fWAC':; f.:AtIArCR ~~CMi~LA~ Fu~~l~H;hj ~O. ~ARIC~ CCU~TY TA) COLLECT ~~~Y;TT INDUSTRIES ~ICrtCjOfT U?DAT~ fULfrLL~ l":J.LES CrlEVRCL":T ~j( ~.S ALTO ~ARTS r.JNITOR CO-DP TELiPHON~ ~ATICNAL CHEM~EA~CH ~ALTtR N:LSON CO. ~~ CRIME ANALYSIS SEM. ~JRTH~~ST GiCTLth INC ~JRTH~~Sl NATURAL GA~ I\?A \I\.:.5T C.A.K. CUSTJ~ (O~iR. CJii FJBLICAT1Jl\S C~A A C~ STAT~ LljR. O~ DlPT rOTO~ VE~ICLt~ O~ ~~NIC JU~~~.S AS~N C,,(MGCi\ riOUS=. l5 wiST (OM~vNICATla~~ fA i. r F r CPR I NT .:: R S LAloiKENtt: PARADIS F4YLE~~ DRUG STO~E FJRTlA~D GENt~AL flEC. F0~iLL.S bOOK STORt, INC. FRINTING ARTs, INC. R ~ R uNlfOR~~ Of ORE. ~ADIX CORPORAT1JN 12Rf~" k.A~' IR~';:: RA~Ll~SON'~ ~AUNDRY RIV~KHOUSE - ~EN~ A!10UNT 371.80 20.00 1,335.00 1 06 . 9 0 56.CO 130.46 11.94 50..00 255.CO 18..63 05.00 31..30 5~.50 20.00 4C.OO ,09.62 42.90 4,672.00 17.90 G JO. G J 345.33 1 '19.27 7 OC. C J 21c.ca 14.f7 c,146.55 49.4(: }LJ2.50 5.:~.t9 3:'o.L:9 34.2.59 553.73 225.96 .is.oo 4 J~ .. i.5 <'55.66 775.CO 2,47<:>.CJ :,O.CJ 6 . c.;;:; L.v'; 30.CJ ,~ "" 0 s;,;;.:,.. " ~ 1,317.22 236.GO 021.00 79. a 7 t,cS?,,1 6.42 265.00 237.54 j 6-;'. (;J ~.jS.GO 6t.. (; a ~6.3a IdA PAGE 2 CESCRlfTION SUFPLIES MAT~RIALS LEGAL SeRVICES HARR1S UNIFORMS SERVICES SUPPLIES BOOKS S€RVICt$ CITV HALL REPAIRS SUPPLIlS CONFERENCE SUPPLIES R':::IM8URSEMENl SERVICES SUP~LIES SUPPLIES SUPPLIES L,.UES SUFPLltS S2RVICES - Sl~E~T tJf'?LIES - ?ARKS SERVICES - CCJRT /4NNJAL l)UES SERVICES - TRANSIT SUPPLIES SU,VICf3 SUPPLIES SUP?lIES - ~C~PulER S:RVICf:$ SUPPLIES SERVICES SUP?lIES SUP~LIES - CTY HALL MAINT SERVICeS SERVICES - PU3lIC WORKS S2RVICfS SERVICES SEkvICCS SUPi>LIES S lIPPLH. S RENEwAL fOR QJH5t7 CONFERENC~ SUPPLIES S.EkV'lC~S SUPPLIES SSR\llCES SUPPLIES - peLICE SERVICES SUPPLIES SUPPLIES SuPPLIES SERVIClS - wATER SERVICES SUPPLIES SHiINAR - POLi CE lIT' 191 E C HK NO /91 191 /91 191 191 /91 -/S;1 ./S1 ./91 ;/~1 1111 ./91 ;/91 }/y1 .J~1 ./91 ;/91 .1 C; 1 i/l;J ./S1 .IS< 1 >191 )/91 ::-191 ;/91 :.1'71 ..ISo 1 :d91 .191 .191 )/91 )/91 )/51 >/91 ,/91 )/51 ~/91 :,/91 ,191 HS1 S/y1 'JICu )fe] UC0 :/i..Ci j/C:; J/GJ ;/91 :,/)i1 ~/91 ~/S;1 t/91 ,,191 ~/<;1 :./91 11393 11394 11 395 11396 11397 11.598 11399 11400 11401 11402 11403 11404 11405 11..06 11407 11408 11409 11410 11411 11412 1141.3 11414 11415 11416 11417 11..16 11419 1142 J 114,1 11..22 11423 11..2't 11425 1142c. 1144::7 1142..3 1142 ; 11430 11431 11432 11433 11434 11.d5 11436 11437 11435 1 1 ...3':1 1144J 11441 1144 .~ 11443 11444 11 44 ) 11446 11 ..4'1 AlP CHECK LISTING VEND OR ABbY'S PIZZA INN ACME LOCK SHOP ADVANCED fldERGLASS F~OJ ~LLt~ INDUST~lAL TOOL A-'UALITY TYfEw~ITER J.."C 0 11\\S1 ITUT i:. Ii':,w .A ", L D 1 A AuTOMATED Offl(E SYST A T 8 T INfORMATION stsr A T ~ T COMM~NICATIONS A.""~'A cLUE RISDON JANITORIAL cOONES fERRY ~LECTRIC CENTENNIAL CCMMITTcc CHRISTIAN FA,lLY $UPf~Y C1TY lNS. ~ERVIES CITY (lS:C!TY-COJ lN~. S~RV tOMPATlulc CCMPuT~RS V G ::. D ijSCC SUESCRIPTICN SE~V4 i~CYCLGPlJIA ~R!TANNICA CITY OF t'.JE~"c J ..; f'; ~ Sf. E \l A~, ~ f~CTS ON fIL~, INC. f M.1LiAN N.~. FASTcACK ?HviO 5~Rvrc::. bINNIE (COPEK fIE 1';0c.ILNEi ~A211AT fOrt hJM~NITY I1ARKI,) J~.1FOKMS h-.:l'I1Afi. ~UcST INGRAM ~lST~ GhOL? L~AGU~ Of CREGON CITl~S L.iND'S MARK2T ~AkIC~ Af SE~~lCf IN{ FARleN COUNTY flSCAL ~vc~ ~MinATT ~,ARY c. Kd.P ~~ M~ST[R-CAR~ ~U?PLY ~=TRCfUElI~S, lNC ~ID-~IL~A~ET1~ vALLiY " 0111 V (' 1 1J '" C 1: D " (; r :; \: OlD " 0 J.. II fIRST INl EF.:i1ATE JA:~f( r,JRHN Kft.PS...0f ~iT?Cr~EL1N~, INC. ~ORTH SANrlA~ fAV:N~ CO i\JRTH..;EST LIV.rt,u ~~ Okc~O~ S~i-~ECTIO~ NuRNBcRG ~Cl_NTlflC C.t.V.L.A. AMOUNT 52.90 20.CO 170.71 215.30 ~9.CO 50.00 251.00 246.ce 436.94 30.25 230.00 260.00 5e.50 18.CO 2C4.93 9(,,652.,7 15,t26.36 4 .~7 .l; :) o.co 319.00 ~ 09. G 0 50.(JiJ gO.50 ~ ...- C:-1 ...1LL... t.r 7 J9 . 20 7.<:J 35.00 777 . C ~ j~.t:5 2 Zb. S 5 ~t.Ci.i 2,4.30.03 5.00 L:.. J.. 0 1,1~7.0J 2,510.7J 1 ~5 .7 a 27. S Q 1'12.57 4~.B.21 iulJ1.CG O.t>':; 0.00 o. u'j 0.00 a.CD 0.00 1.51.2.5 1JO.CiO 414.06 c9,t.SO.i3 19.95 4C.OO ~7.74 30.00 /.2 A FAG E 4 DESCRIPTION SUFPLIES SERVICES SUPPLIES SUPPLIES SUPPLIES SERVIces SUPPLIES SUPPLIES, S~RVICES. SiRVIC[S SUP?LIES S:F.VICLS SERVICES SUPPlIE S SUPPL1ES SUPPLIES I NS u-kA~ C ESE R VI C E: S INS~RA~Cf SE~VICES SUPPLIES V 0 I D SUPPLIeS SJPPLIeS ~E"Vl~ES $ERV::':i:t:.S :>iJPPL!E$ SUh'LH S S~RV!C[S ~JLT co. ~I3PARY, S~RVC'S SERVIClS S~kVICES SJP?Llt:., S~R.JICfS SUPPLHS SfF.vICES SUP?L!ES SUPPLIES S:kVICES SuPPLIES, SERVICES INTE~PRETER S2RViCE~ SERVICE:; SJf'?lIES SST:.VICES V C I 1.; V C ... D V 0 I D \lOID \f 0 I C \I 0 I C SERVICES SERVICES SERVICES SERVICES SUPPLIES ~=RVICES ~WP?lIES S2RVICr; I1r / c"J /1 U91 AlP CHtCK LISTING PAGE 6 fE tiiK NO VENDOR AMOUNT OESCRIPTION J/OO 11503 V- e I i.i 0.00 \I- 0 I 0 )/00 11504 V 0 I D 0.00 \I C I D )/00 11505 \ 0 1 J 0.00 \f C I D }/GO 11506 V C 1 D 0.00 \i 0 I D )/CiJ 115Q7 \i 0 I 1) 0.00 V C I [J j/OJ 11508 'v C 1 D O.uD V '", I D v )/GO 115 09 " C 1 D 0.00 " C I D )/00 1151J \t 0 1 D 0.00 V C I t )/00 11511 'v 0 ... D O.GO \i 0 I D ,L )/00 11512 \' 0 I (; 0.00 V 0 I D J/CO 11513 V G 1 ~ o.co \i 0 I C )/CJ 11514 \i 0 1 D 0.00 V 0 1 C )/00 11515 V 0 1 !) G.Ga V 0 I tl J/CJ 11516 "II 0 I j) 0.00 \I 0 .,. D 4 j/OJ 11517 \t 0 I [; O.Oj " 0 I [I )lOD 1151.) \i 0 ... j) c.co V. {)'.1 I> J/CD 11519 V 0 T L O.GO V C I D .I- j/OO 1152i.i 'Ii C 1 f' O.GO V 0 I . '" '" UC;.; 11521 V (; .i. ;" v.DO V n 1 l) v ~'/Cv 11522 " 0 :r i- 0.00 \, 0 I D 'J/tJ 11523 \; C 1 C 0.00 \( v I 0 :'/GJ 11524 .. (; ... D G.GO \' 0 1 D 3/Gu 115,'.) ~ (; .1 ~ 0.00 \of 0 I D Oh.U 11)20 V ... ! C 0.00 V 0 I D v 1/91 11527 ;'-1 lYPt~iUTi.:~ St.RVIC~ ,5G.CO S=RVICES 1/.,,1 11.)io A.;)~ L ac f~ ~ ~:;.Y 'i.co ~ERlIICE.S - PAi{KS 1/S-1 1152'" ;. OlE LOCI< ~iiC? 5.50 SeRVICES - PA Ri< S llSl 115:50 J. ;"1ElU Ci'. N REi) CROSS o9.GO S:.JPPLIES - PARK S 1/91 11331 Ii ;"it. Rl CAN ROOT ..iF~ 331.(:0 ~E:1\VICES - .4w.TP 1/91 1153.i Al"'1ERICAN WATER~';)Rj(S Ji.SSN 10C.CO SckVICfS - WATE~ 1/91 11~33 A~ATEJ\. SERVICESJ' l~C 74.31 SUPPllfS - CITY HALL 1/91 11554 J,;)~J'lATtD SALi:.S - i3kG CC 176.05 SUPPLlf:S - POLICE ~' 1/91 11535 /oiJARD5 & ATHLETICS 2 d1 .4t 8 SERVICES - PA RK S 1/91 11536 A T ~ T INFOR.'1ATION S 'fST '-2.9.79 SER'IICES - VA,RI OU S 1/,1 11537 J., i t T 199.55 SERVICES, VARIOUS 1/91 1153j Ei-MART COfl.PCrl.ATIJf'\ ~2.4a SuPPLIES - ~laRAp.y 1/71 11551' tUJ.;, Rl ~e ON ';~NITORI,t. L 21~.GJ S:;R\lICES - Ll~RAi\Y 1/91 11j40 c.01S[ CASCADE 1,(.27.:)1 Sl)PPLlfS - VARIOUS 1/91 11541 cJONES FERRY ELECTRlC 2,130.36 SERVICE.S, SUPj)L!ES - W-..TP 1/~1 11542 E!JLLlvANT, i-lCJ~ES, jAILLY 40.00 ~ERVICES - PCLICE. l/S1 11543 ~J;)lNE~S C C ;~ N ,;: {; T ION oJ 165.0 Q SUPPi..li:S - peLlet: 1/91 11::44 lAt-ibY FI~S J(?AkT"IENT 51u.40 ::'uPP1..!ES - wi4.TP 1/S1 11545 CA~ E AUTC:oICTl VE 2J'394.42 S::RVICES - PCLICf 1/91 11546 (HE.R;;'Y CITY ELECTRIC 30.CD S~RVICfS - LI BRAR Y 1/91 11547 CHllii\:jN, -US ~ 46.00 SERVICES - SlREET 1/91 11548 C .'i2.."1 HILL 1,893.74 SUPt>LIES - 'llI\tTP 1/91 11549 hiM:i: SL:PP L Y: (OAST AL fARMS 27.90 SUPPLIES - PA RK S 1/91 1155G C)N5CL1DATfj) ..iL;PPLY 211.yO SJFPLH.S - WATER 1/91 11 5S 1 COPY OfFICE fRCi,..'UCT:i ,53.75 SJP/SERV ATTY,WK CAP liS. 1155.:! DAN.lEL'S PHOTO€RA?tiY 24.56 SERVICES - PCLICE 1/91 1155~ (;AV:SOf" A:.JL) PART ~ 1,159.9.5 SERV/SliPPLY - VAH~CUS 1/91 11554 CA\i:~0N J<. ul ;) P A Rl S 44.55 Si:RV/SLJPfLr::s - POLICE 1/91 1155 ;; CrlARLH DEP:J~ 500. () 0 SERVICES - HCUS R EfiA8 1/91 11556 CISHON'S RE.?,;.\IR 20.00 S2RVICES - ';-1-1 1/91 11::;)7 ROBERT JOHf.iST0!\ 31..14 SERVICES - RSVP I1r /91 E CHK NO 11615 11616 11617 11013 1101':1 1102J 11i.~1 11022 11623 11624 116,5 11626 11621 11 6~ 8 11..:129 11ci::>1 11032 11633 11034 110:'5 11 6~ ;) 116}7 i 1 b33 11039 11 ;)40 11 .s4 1 11c42 11045 110'+4 11 c4S 11640 11047 11c46 11049 11050 11651 11c;~ 11653 11 6j':' 11 oj. 5 lieSo 11;j51 11053 11:>5i 1166:) 11oc1 11662 11063 11ct..4 11 565 11~6o 11667 11000 11669 11:.;7J 191 ,/91 /$1 1/91 1/91 1/91 1/91 1I~1 1/91 "~1 1/91 1/91 1/~1 1/~1 1/S1 1/<;1 1/S 1 1/91 1/91 1/~1 1/~1 1/91 1h'1 1/S1 1/91 1/)1 1/91 1/91 1/91 1/91 1 J~'l 1/91 1/y1 1/91 1/91 1/<)-1 1/S1 1/91 1/91 1/S1 i 1/91 .1 J~ 1 l/S'1 1/91 ,1/91 i 1/9 1 11/91 11/91 11/91 11/91 IllS 1 11/91 11/S'1 JO/LJ '>01 (. J A/F CHECK lISTING VEN&OR hlNGfY SCHOOL S~S SlRVICiS SCrE~TlflC ~UPPLY & t~UIP LiS SCH~A~ TI~E CENTER J AMES SEELEY SSMl~ARS INTERNATIONAL tiUAN SJCTHUt.. S~ATEK CCMMU~lCA1ICN~ S au NO ELf. VA Te ii SPA E:MOPORIUlil SUSSMAN, SHAN~, ~APNICK ROBERT E. THCMAS III TOWN & CCUNTRY ?EST CONTR uN!Tfi) DISPOSAL ~AN ~ATiRS ~ RO~LRS ~ATcR FOC~ ~ ~,SEARCh LAE ~OODbURN ~ARCRAfT ~OODeURN COAST TO COAST ~JOuEJ~N FERTllI2~R ~ GR ~JOJbuRN INOiPLNDE~T IiJODBURN ...U1\1tR ~aOD2uRN OFfICE SJPPlY ~OODEuRN RADIATOR ~JCvSJR\ T~J=-VALJ[ ~J~ ~OODc~KN TRJt-VALU~ ~)~ y ;;: ~ (I~;'. i> r. 1 C $ ZEP ~ANUfACTLRlh~ l~t ~EDICAL S~RVIC~ ~Ti:Pk~i'II F.:DJf;l<O ~ tit EN GU'Nl E:F: r. JG H GuNT..:R P', A R G II R E T K Ii. :fi. Li:.O LA RC~lJt 1.::0 "'~LLE.!\ .:KNA 0SoCRN.::. ".LM~[;.~ oil;Ii<!l\~ h h T T I f C l~ R "- GRACE DA\iIDSCN ~INNIfkED FAC~INr fREMCNl GRE~kLING l::H, '{ 'riAL T .:: F. t,'iNA OS"C;~N.:. f::1'( PAi{K LYRUt-. PEffl't G-=.RTRUDc l<E~'::' jAl",f.~ STF.;)UP tAF3~RA STti0U? ,. El V=:R PLAN": 1;{: 5 ",R"l>; NC,~ (;. C;n<DE.I\A~ KAMO~I CATTACOKES Ci\VIL...c. i"-11L,S ~PRI~GHAv[h ~P1S \. 0 l v " C 1 (.\ AMOUNT 137.80 1,193.62 343.29 640.32 1,COO.CO 115.GO 12.40 96.50 146.17 207.00 324.41 44.00 300.03 897.2.5 2~7.50 236.00 772.00 706.30 ~~.50 ~G.OO 257.5 Z j';.45 100.(,6 17.(;':' 1 6t .11 c22.cJ 925.05 55.73 53.0.. 10.56 2:5.t5 7.2'J 112.80 32.40 34.C3 16.[0 3(;.40 78.CO -.4.70 4.40 lD.60 31.<3:) :.34 161 .8 J 25.60 58.60 .34.20 17.60 ,... r: ,.. ,"'\ ;...;.tJu 25.00 3'-.(;0 13.51 1B.33 C.OQ o.eo /J/f PAGE 8 DESCRIPTION SERVICES - POLICE SfRV!CES - PARKS SERVIClS - W\HP SERVICES - ?~RKS. TRANSIT SERVICES - T & E fUND SERVICES - ?ARKS SERViCES - PARKS' SERVICES - wATR SERVIClS - LlaRARY S:RVIClS - WATER SERVICES - LEGAL SERVICES - CCuRT SE.RVICeS - W~TP SeRVICES - V~~IOUS SlJPPlIe~ - W\\T? &ERV1CES - ~ATER SERVICES - ?CLl~E S~RVICES - VARIOUS SERVICES - l'I~TP SERVICES - ?A~KS, PLxNNIN S~RVICES - VA~!OU$ SSRV/SUP - (CURT, POLICE St:RVICES - PJRKS ~ERV!CES - ~ATE~ S~RV!CcS - ?A~KS ~~RVICES - ?CLICE, flNA~[ SJPPLIES - w~TP SUPPL;ES - P~~KS SERVICES - ~SVP SE,R'JIClS - RS\lt' SERVICES - RSVP SERVICE.S - RSVP SERVICES - RSVP SERVICES - RSVP SERVICES - ~SVP' SERVICES - ~SVP SERVICES - T~A~SIT SERVIClS - T~Ah31T SERVICES - T~ANSIT S~RVIC(~ - TRANS!T S~R1ICES - TP~NS SERVICES - TRANS SERVICES - TRANS SERVICES - TR~N3 Z~RVii:.(S - TRAN:i SERVICES - TRAN~ SERVICES - TR4N~ ScRVIC[S - T~ANS REfUNDS/Tin? REFUND - PARKS REFUND - Swl~ kEfUND - JT BILL fiEf UNO - JT fILL V 0 I 'D V 0 I 0 I1r I~/l MEMO TO: City Council through the Acting City Administrator FROM: Public Works Program Manager SUBJECT: Leaf Pick Up and Disposal Program DATE: October 7, 1991 The City Council has directed in past years that the Public Works increase its sweeping effort during the fall. This effort has been directed at the downtown area and main streets leading to schools. The areas where sweeping intervals are increased to weekly are shown on the attached drawing. The remainder of the city is swept once per month according to the usual schedule. This fall Public Works will continue this practice. Increased sweeping will run from October 14, 1991 to December 14, 1991. There are some other options available to citizens who want to dispose of their leaves at no cost. These options will also be available from October 14, 1991 to December 14, 1991. Leaves can be disposed of on the drying beds of the sewage treatment plant. They can be dropped off between 8:00 am and 3:00 pm Monday through Friday and on Saturday between 8:00 am and 1:00 pm. The plant is located one mile east of 99E on Hwy 211 (Molalla Rd). The plant is on the north side of the road and there is a refuge lane for the left hand turn. Signs will direct individuals where to deposit the leaves. Leaves deposited must be removed from plastic bags or other containers. Public Works asks residents not to rake leaves or debris onto the street but the sweeper will pick up leaves that are found in the gutter. The sweeper will pick up leaves but small branches and twigs tend to plug it up. Some other options for disposal include: 1. Composting on private property. 2. Pickup at residence. United Disposal employees will pick up bagged leaves as a part of regular service with regular charges. 3. Composting at Marion County site. Marion County is composting yard waste, which can be dropped at the North Marion Station located at 17827 Whitney Lane, NE near the ash disposal site. Information on cost and conditions can be obtained by calling 981-4117. lEAFDISP.CC I1r /0/d. MEMO TO: Community Development Director FROM: Bob Arzoian, Building Inspector SUBJECT: Building Activity for SEPTEMBER 1991 DATE: October 2, 1991 SEPTEMBER 1989 SEPTEMBER 19~Q_, SEPTEMBER-1991 No. Dollar Amt No. Dollar Amt No. Dollar Amt New Residence Value 0 0 2 $152,000 1 $ 95,000 Multi Family 0 0 0 0 0 0 Residential Adds & Alts 11 $46,500 20 44,200 18 99,711 Industrial 0 0 1 900 0 0 Commercial Value 0 0 5 161,700 1 117,249 Signs, Fences, Driveways 3 30 5 3,800 3 35,433 Mobile Homes 0 0 5 175,000 9 360,000 Demolish 0 0 0 0 0 0 TOTAL: 14 $ 46,530 38 $ 537,600 32 $707,393 July I-June 30 Fiscal Year-to-Date $ 1.045.163 $ 2.152.000 $ 3.050.656 Robert Arzoian Building Official RS:lg BLDACT09.91 Ill" lOG MEMO TO: City Council through Acting City Administrator FROM: Leland Schaudies, Public Works Department SUBJECT: Acceptance of an Easement, 25 feet wide along the east property line of Grace Village Property DATE: October " 1991 RECOMMENDATION: That the Woodburn City Council accept the easement as depicted on the map below. ".'~' I .. -h; SC.ALE N01"" r- / I I I / ~ t.. ~.~ tit' 141 Ul ~. \b _~ l~~ ~ \l) ~ (\,} ~ t: v) ...... tj' ..."" .sliB.Z..,~ . (- -- ;z, '1r UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the CITY OF WOODBURN, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CllY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CllY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: An easement, 25 feet wide, described as follows: Beginning at a point on the North Line of the George Leasure Donation Land Claim No. 53, 883.00 feet South 89029'57" East from a point on the East line of Fifth which is the initial corner of the Northwood Plaza Addition No.1; Thence North 1030'00" East 748.79 feet to a point on the South Right-of-Way of State Highway 214; Thence South 67013'49" West along the Right-of- Way 26.81 feet, more or less to a point 25 feet perpendicualr from the East line; Thence South 1030'00" West 739.11 feet, more or less to the South line; Thence South 89029'57" East 25 feet, more or less to the point of beginning; Also, an easement 25 feet wide described as follows: Beginning at a point on the North line of the George Leasure Donation Land Claim No. 50, 883 feet more or less to the adjusted lot line as defined in Reel 744, Pages 326 and 327 from the initial corner of the Northwood Plaza Addition No.1: Thence North 1030'03" West 25 feet along the adjusted lot line; Thence North 88030' West 125 feet; Thence South 1030'03" East 25 feet more or less to the DLC line; then South 88030' East 125 feet to the point of beginning; all situated in Section 7, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a UTILllY pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right- of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CllY SHALL, upon each and every occasion that such UTILITY facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. If the Grantors feel it necessary, the City of Woodburn will construct a fence south of and parallel to the open channel which has been constructed by the City, to prevent livestock from entering the drainage area from the City pipe to Senecal Creek. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all UTILllY facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 450 projection upward from the bottom of the pipe. MEMO TO: City Council through City Administrator FROM: Community Development Department SUBJECT: Continuation of Pete eam Appeal of the Condition to Build a Road Across Mill Creek DATE: October 9. 1991 At your public hearing of September 23, 1991 the city council took testimony from the appellant, the public at large, and city staff. After some discussion, ~ was the decision of the council to obtain additional testimony from the Woodburn Fire Department and Woodburn Ambulance. Therefore, the council continued the hearing until the next regularly scheduled meeting date of October 14, 1991. Incorporated in your packet is the response you requested by the Woodburn Fire District and Woodburn Ambulance. Ilg Woqdbum ~~ September 26, 1991 TO: Steve Goeckritz FROM: Bob Benck F i t-e Mat-sha I 1<Jr- RE: Pete Cam Subdivision General Comments: It should be noted that minimum Fire Code requirements for access purposes are intended to provide the minimum amount of room necessary to move emergency vehicles. They are not intended to serve as minimum public street requirements. Generally, public street requirements exceed those for emergency access as other issues such as, traffic, parking and general congestion are considered. Turnaround Provisions: As noted minimum Fire Code turnaround provisions are intended for emergency vehicles only and are not to replace city requirements for cuI de sac or other provisions on public roads which may exceed minimum Fire Code requirements. Phased Development: Since this project is to phases any street which exceeds 150' in length then the minimum turnarDund prDvisiDns must be temporary turnaround must meet minimum Fire Code be acceptable to the City Df WODdburn. be developed in with a dead end, provided. This requirements and Street or Emergency Vehicle Access to Phase Four: The connection of Phases 2 and 4 by a public street or emergency lane would definitely improve the ability of emergency vehicles to serve the area. As to the type of roadway a public street would be preferred. The final decision on type and location should be decided by the City Planner in conjunction with the developer. 1776 Newberg Highway Woodburn, Oregon 97071 "A FRIEND FOR LIFE" WOODBURN AMBULANCE & Health Care Supplies RANDY C. GARNER. EMT-III President 1040 N. Soones Ferry Road P.O. Sox 584 Woodburn, Oregon 97071 (503) 981-9598 DEBRA A. GARNER. EMT-III Vice President KATHLEEN MORLEY. EMT IV Collections Officer October 2, 1991 Mr. Steve Goeckritz Community Development Director City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Steve: I am writing in response to your request for my comments regarding the accessibility of the proposed Pete Cam Subdivision for Emergency Vehicles. In general, the subdivision appears to be layed out to allow for good access, with the following comments: #1 -- We are concerned about the "turn-arounds" which would appear to put emergency vehicles in the position of using residence driveways on the dead ends to back and turn. A cul-de-sac would be optimal in these areas. #2 The proposed I'~ossible Street Connection" between Phase 2 and Ph~z[ ~ would certainly be preferable to the 20 foot access bO~0ering the pond, if such an access is deemed necessary. Our normal response protocol would not have us using this access for routine response to either of those areas. But the additional congestion in the area, caused by a lack of through streets in the area, could be a concern. In summary, our first comment regarding cul-de-sacs is important to us. Our comment #2 provides an optimal solution for Emergency Traffic. But we would stop short of saying that the lack of such a street would hamper our ability to provide a rapid response to these areas. Sincerely, 19(au"', (.J'~ Randy C. Garner President