10-11-2010 Agenda PacketCITY OF WOODBURN
CITY COUNCIL AGENDA
OCTOBER 11, 201 0 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
DICK PUGH, COUNCILOR WARD I
J. MEL SCHMIDT, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
ERIC MORRIS, COUNCILOR WARD V
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements
None.
Al212ointments
None.
4. PROCLAMATIONS /PRESENTATIONS
Proclamations
None.
Presentations
A. Interchange Project Update - ODOT
5. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Chamber of Commerce
B. Woodburn School District
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
8. CONSENT AGENDA - Items listed on the consent agenda are considered
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
" Habra interpretes bisponkfes para aqudfas personas que no �abfan Ing6, previo acuerbo. Comuniquese
d (503) 980- 2485. "
October 11, 2010 Council Agenda Page i
A. Woodburn City Council minutes of September 13, 2010 1
Recommended Action Approve the minutes.
B. Woodburn City Council minutes of September 27, 2010 6
Recommended Action Approve the minutes.
C. Woodburn City Council Executive Session minutes of September 10
27, 2010
Recommended Action Approve the minutes.
D. Crime statistics through September 2010 11
Recommended Action Accept the report.
E. Liquor license application for Chavitas Foods is
Recommended Action The Woodburn City Council approve
an Off - Premises Sales liquor license application for Chavitas
Foods.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill No. 2839 - Second Reading of Ordinance 2470, 22
Expanding the Neighborhood Conservation Overlay District
Recommended Action: After a second reading, adopt the
Ordinance.
B. Council Bill No. 2842 - A Resolution Supporting the Woodburn 27
Municipal Court's "Fix -It Ticket" Program for Traffic Violations;
Acknowledging that the Court has the Authority to Establish this
Program; and Setting an Administrative Fee
Recommended Action Adopt the Resolution
C. Council Bill No. 2843 - A Resolution Designating Authorized 33
Contacts for Pension Plan Administrator
Recommended Action Adopt the Resolution.
October 11, 2010 Council Agenda Page ii
D. North Trunk Sewer Line Contract Briefing 37
Recommended Action No action is recommended.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
A. Planning Commission approval of cases DR 2010 -05, EXCP 2010- 40
04, VAR 2010 -04 for Wilbur -Ellis Company dba Woodburn
Fertilizer
Recommended Action: No action is recommended.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
To consult with counsel concerning the legal rights and duties
of a public body with regard to current litigation or litigation
likely to be filed pursuant to ORS 192.660 (2) (h).
To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (2) (f).
16. ADJOURNMENT
October 11, 2010 Council Agenda Page iii
COUNCIL MEETING MINUTES
September 13, 2010
HRAN
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, SEPTEMBER 13, 2010.
CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor
Figley
Present
Councilor
Cox
Present
Councilor
Lonergan
Present
Councilor
McCallum
Absent
0:38 REPORTS
A. Chamber of Commerce — Don Judson, Executive Director of the Woodburn Area
Chamber of Commerce provided an update on upcoming Chamber events. He also
discussed the upcoming Main Street Program training and Woodburn Interchange
meetings. Leadership Woodburn begins in October.
Page 1 - Council Meeting Minutes, September 13, 2010
COUNCIL MEETING MINUTES
September 13, 2010
HRAN
0:45 CONSENT AGENDA
A. approve the Woodburn City Council minutes of August 9, 2010,
B. approve the Woodburn Planning Commission minutes of June 24, 2009,
C. approve the Woodburn Planning Commission minutes of July 22, 2009,
D. accept the Crime Statistics report through August 2010,
E. recommend that the OLCC approve a Change of Ownership application for
Woodburn Grocery Outlet; and
F. schedule the annual evaluation of the City Attorney for September 27, 2010.
Pugh /Cox... adopt the Consent Agenda. The motion passed unanimously.
0:47 PUBLIC HEARING — ZONE CHANGE 2010 -01: NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT (NCOD)
Mayor Figley opened the public hearing at 9:47 PM. Mayor Figley declared a potential
conflict of interest due to her ownership of property within the proposed expansion;
however, she noted that she is not likely to vote on the issue. Councilor Lonergan also
expressed a potential conflict of interest due to his ownership of property with in the
exiting district. He stated his intention to vote on the issue unless Council expressed their
desire for him to abstain. No objections were raised to his participation. Jim Hendryx,
Economic and Development Services Director provided a staff report on the proposed
zoning map change. Councilor Lonergan questioned whether the committee looked at
further expansion beyond the railroad tracks; Director Hendryx replied that the committee
did not look beyond the proposed expansion area. Councilors Pugh and Schmidt had
questions regarding the restrictions of the overlay. Director Hendryx clarified that there
were no new restrictions associated with this action — it simply expands the area of
existing standards. He also clarified that the standards are only triggered by actions
requiring a building permit. Council also discussed the practice of scheduling a hearing
and bringing the resultant enacting legislation back to a subsequent meeting.
1:14 Mayor Figley invited those members of the audience who wish to speak in favor of the
proposed change to address Council. Durrell Crays of 167 N Settlemeir, Woodburn
spoke in favor of the NCOD expansion and clarified that it does not change the standards,
just expands the applicability of existing standards. He stated that 87% of the residents
impacted by the expansion support it, as evidenced by signatures on the petition
supporting the expansion.
1:17 Mayor Figley invited those members of the audience who wish to speak in opposition of
the proposed change to address Council. Kevin Renner of 1061 Park Avenue questioned
where would the expansion end.
Page 2 - Council Meeting Minutes, September 13, 2010
2
COUNCIL MEETING MINUTES
September 13, 2010
HRAN
Pugh/Lonergan... uphold the planning commission recommendation and direct staff to
return with an ordinance enacting the recommendation. Councilor Schmidt stated that he
is opposed to the extent of the expansion and prefers a smaller expansion. The motion
passed 5 -1 with Councilor Schmidt voting no.
1:23 AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE
WOODBURN CHAMBER OF COMMERCE TO CONDUCT THE FIESTA
MEXICANA
City Administrator Derickson provided a staff report on the background leading to this
proposed agreement. Councilor Morris asked what the cost of a special use permit would
be for this event. Director Row estimated that the cost would be approximately $14,000.
Administrator Derickson clarified that the proposed fee waiver would have been offered
to any feasible partner for this event, not just the Chamber. Councilor Cox stated that
while he's supportive of citizen efforts to reconstitute the Latin American club and wants
those community members to be involved in the Fiesta, he feels that time constraints
dictate that the Chamber act as the primary organizer for next year. Councilor Pugh
would like the Fiesta to be an inclusive community event and he feels the Chamber is the
ideal organizer to accomplish that. Cindy Ledesma of the Woodburn Chamber of
Commerce Board of Directors spoke of the Chamber's commitment to the Fiesta
Mexicana. Ferrin Taylor, President -Elect of the Chamber Board of Directors, also spoke
in favor of the Chamber commitment to conduct the Fiesta Mexicana and spoke of
welcoming anyone wh wished to participate and assist in creating a positive, family
friendly event.
Eddie Alonso of 28900 SW Villebois North #410, Wilsonville, manager of the 3 Spanish
language radio stations in Woodburn, spoke of how teamwork in producing an event like
the Fiesta can foster integration and inclusiveness. Maria Gonzales- Garcia of 740
Maplewood Ct, Woodburn, talked about her long family history with Woodburn and the
Fiesta. Though she is appreciative of the City's support of the Fiesta last year, she felt
some changes were necessary and would like to see the Latin America Club be
reorganized and given the opportunity to resume responsibility for the Fiesta. Rosemary
Ramirez of 3691 Casteel St, Hubbard, is a member of the Latin America Club and would
like to see the Fiesta returned to the restructured club. Flavio Urvina 2270 SE Stevenson,
Salem, stated he was one of founding organizers of the Fiesta, when the Fiesta was a
completely volunteer effort. He believes it should be run by Mexican people. Miguel
Salinas of 20765 Willamette Dr, West Linn, spoke of the Fiesta's history and his desire
for a more bilingual Council and City Staff. Mariano Vega of 7986 Clear Lake Ct,
Keizer, is a former member of the Latin America Club and also spoke of the history of the
Fiesta and would like to ensure that cultural history and heritage of the Fiesta is honored
and wants the Hispanic community to be responsible for the Fiesta. Ken Hector, current
President of the Woodburn Chamber of Commerce, spoke of the feeling of ownership of
the event. He spoke of being a steward, not an owner of the event. He feels that this is a
Page 3 - Council Meeting Minutes, September 13, 2010
9
COUNCIL MEETING MINUTES
September 13, 2010
HRAN
Woodburn community event and points to the necessity for all community members to
work together to make a successful event that respects the heritage of the event.
Councilor Pugh stated that he agreed wholeheartedly with Mr. Hector's comments.
Councilor Morris had concerns regarding the cost to the taxpayer for the City's
involvement in the Fiesta for the duration of the agreement. Councilor Lonergan was
impressed with how this has come together and is supportive of the proposed agreement.
Councilor Cox is in favor of the agreement but is concerned about the potential for a turf
battle and reiterated that this should be a community event and not the domain of any
particular group. Councilor Schmidt would also like the City disengage its participation
in Fiesta organization activities and is supportive of the Chamber taking over in the
immediate future but would like the Latin America Club to eventually take over.
Cox/Pugh... approve the proposed three year agreement with the Woodburn Area
Chamber of Commerce authorizing the Chamber to assume the role of Fiesta Mexican
Lead Sponsor. The motion passed 4 -1 with Councilor Morris voting no.
2:16 AWARD OF CONSTRUCTION CONTRACT FOR ALEXANDRA AVENUE
STREET IMPROVEMENTS
Lonergan /Cox... acting as Local Contract Review Board, award a construction contract
for the Alexandra Street improvements to Gelco Construction Co. in the amount of
$125,376.20. Councilor Schmidt had a question regarding the selection of this project
over other necessary street repairs. Public Works Director Brown indicated that it is due
to the Oregon Military Departments participation in the project that accelerated the
scheduling of this project. The motion passed unanimously.
2:20 AWARD OF CONSTRUCTION CONTRACT FOR WATER MAIN EXTENSION
FROM EVERGREEN ROAD TO PARR ROAD
Cox/Pugh... acting as Local Contract Review Board, award a construction contract for
the Water Main Extension from Evergreen Road to Parr Road to Canby Excavating,
Inc.in the amount of $406,160. The motion passed unanimously.
2:21 ACCEPTANCE OF PUBLIC UTILITY EASEMENT ON 1490 BROWN STREET
(TAX LOT 051W18CO0600)
Cox/Lonergan... accept a twenty (20) foot Public Utility Easement granted by HBUF,
LLC, property owners of 1490 Brown Street in Woodburn, Oregon (Tax Lot
051W 18C00600). The motion passed unanimously.
2:21 ACCEPTANCE OF PUBLIC UTILITY EASEMENT ON 1636 STREET (TAX
LOT 051W19B00200)
Lonergan /Schmidt... accept a twenty (20) foot Public Utility Easement granted by
MSRH, LLC, property owners of 1636 Brown Street in Woodburn, Oregon (Tax Lot
051W 19B00200). The motion passed unanimously.
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COUNCIL MEETING MINUTES
September 13, 2010
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2:23 ACCEPTANCE OF A PUBLIC RIGHT -OF -WAY DEDICATION ALONG THE
FRONTAGE OF 2401 N BOONES FERRY ROAD (TAX LOT 051W07BA01100)
Lonergan /Pugh... accept a seven foot Public Right -of -Way dedication granted by Qwest
Corporation, property owners of 2401 N Boones Ferry Road in Woodburn, Oregon (Tax
Lot 051W07BA01100). The motion passed unanimously.
2:32 CITY ADMINISTRATOR'S REPORT
A. Sign ordinance notices process update. Director Hendryx talked about the statutorily
required notices and the confusion that has been caused by required language.
2:38 MAYOR AND COUNCIL REPORTS
• Councilor Pugh commended the Police Chief for creative problem solving.
• Mayor Figley enjoyed the improvements to Locomotive Park. Centennial Park is also
looking good.
2:40 ADJOURNMEN
Lonergan /Pugh... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:40 p.m.
111
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Page 5 - Council Meeting Minutes, September 13, 2010
9
COUNCIL MEETING MINUTES
September 27, 2010
HRAN
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, SEPTEMBER 27, 2010.
CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor
Figley
Present
Councilor
Cox
Present
Councilor
Lonergan
Present
Councilor
McCallum
Present
Councilor
Morris
Present
Recorder Shearer. le
0:02 APPOINTMENTS X 4%hlo �" ,
McCallum/Lonergan... accept Mayor's appointments to the 99E Citizen Advisory
Committee. The motion passed unanimously.
pursue more cooperative opportunities with other jurisdictions. Director Brown
added that many actions will be dictated by available revenue. Councilor Pugh
pointed out that State and Federal grant requirements also limit our transit options.
City Administrator Derickson pointed out that any plan brought back to Council for
inclusion in the comprehensive plan would need to be flexible enough to meet all of
the requirements associated with the various revenue sources and would need to
minimize the necessity for plan amendments, as that is a difficult and time consuming
process. He also noted that it is unlikely that enhanced or additional General Fund
support for this program will be possible in the immediate future. Mayor Figley
would like staff to focus on relatively minor or incremental changes that are projected
to increase ridership, such as increases in operating hours and better connectivity with
Cherriots and SMART systems in Salem and Canby respectively. Councilor Morris
Page 1 - Council Meeting Minutes, September 27, 2010
C-1
COUNCIL MEETING MINUTES
September 27, 2010
HRAN
questioned whether smaller busses could be used instead of the larger busses.
Director Brown explained the reasoning behind the programming. He stated that it is
Council's job to provide direction to staff regarding the plan. Director Brown
summarized the staff's plan to provide an executive summary to Council and
addressed some public concerns about the continuation of the transit program in
Woodburn. Councilor Schmidt had concerns about the accuracy of figures in
appendix C.
B. (1:19) Chamber of Commerce 2010 WAT Program — Kristin Graybeal of the
Woodburn Area Chamber of Commerce provided an overview of the Woodburn Area
Tourism plan and financials.
1:35 COUNCIL BILL 2839: ORDINANCE AMENDING THE WOODBURN ZONING
MAP TO EXPAND THE NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT
McCallum introduced Council Bill No. 2839. Recorder Shearer read the y title
only since there were no objections from the Council. On roll call vote fob` mal passage
the vote was 5 -1, with Councilor Schmidt voting no. Mayor Figley set aside Council Bill
2839 to be revisited at Council's next meeting as the vote was not unanimous.
1:47 CROSSWALK INSTALLATION AT THE INTERSECTION OF N. BOONES
FERRY ROAD, CONSTITUTION AVENUE, AND TUKWILA DRIVE
Lonergan /Pugh... authorize the installation of Crosswalk striping east to west on
Boones Ferry Road from the South side of Tukwila Drive to Constitution Avenue. The
motion passed unanimously.
1:48 ACCEPTANCE OF PUBLIC UTILITY EASEMENT WITHIN A PORTION OF
LOT 2, MID - VALLEY PLAZA, (TAX LOT 051W08AO5400)
Cox / Lonergan... accept a portion of a 16 foot Public Utility Easement for City water
facilities granted by Mid - Valley Plaza LLC, property owners of Lot 2, Mid- Valley Plaza,
Page 2 - Council Meeting Minutes, September 27, 2010
7
COUNCIL MEETING MINUTES
September 27, 2010
HRAN
Woodburn, OR 97071(Tax Lot 051W08A05400). The motion passed unanimously.
1:49 CITY ADMINISTRATOR'S REPORT
A. City Administrator Derickson and Councilor Morris attended the League of Oregon
Cities conference.
B. Another E -Blurb will be issued this week.
The Council adjourned to executive session at 9:10 pm and reconvened at 9:50 pm.
Mayor Figley stated that no action was taken by the Council while in executive session.
111
Page 3 - Council Meeting Minutes, September 27, 2010
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COUNCIL MEETING MINUTES
September 27, 2010
HRAN
2:09 ADJOURNMENT
McCallum /Cox... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:50 p.m.
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, September 27, 2010
01
Executive Session
COUNCIL MEETING MINUTES
SEPTEMBER 27, 2010
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, SEPTEMBER 27, 2010.
CONVENED. The Council met in executive session at 9:15 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Figley
Present
Councilor
Cox
Present
Councilor
Lonergan
Present
Councilor
McCallum
Present
Councilor
Morris
Present
Councilor
Pugh
Present
Councilor
Schmidt
Present
Staff Present: City Recorder Shearer, City Attorney Shields (joined at 9:40).
Mayor Figley also reminded the Councilors and staff that information discussed in executive
session is not to be discussed with the public.
The executive session was called to:
• Review and evaluate, pursuant to standards, criteria and policy directives adopted by
the governing body, the employment- related performance of a chief executive officer
of any public body, a public officer, employee or staff member unless the person
whose performance is being reviewed and evaluated requests an open hearing
pursuant to ORS 196.660(2)(i).
• City Attorney Shields waived his right to an open hearing during the open Council
meeting.
ADJOURNMENT.
The executive session adjourned at 9:50 p.m.
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Pagel — Executive Session, Council Meeting Minutes, September 27, 2010
10
10/5/2010 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
JANUARY THRU SEPTEMBER 2010
CHARGE DESCRIPTION
Total
Jan
Feb
Mar
Apr
May
Ju
Jul
ug
ep
AGGRAVATED ASSAULT
14
1
2
2
0
1
2
0
3
3
ANIMAL CRUELTY
1
0
1
0
0
0
0
0
0
0
ANIMAL ORDINANCES
14
0
3
2
0
3
3
2
1
0
ARSON
12
0
2
2
1
6
1
0
0
0
ASSAULT SIMPLE
93
9
12
10
5
15
13
5
11
13
BOMB THREAT
1
0
0
0
0
0
0
0
1
0
BURGLARY - BUSINESS
27
3
5
8
4
1
6
0
0
0
BURGLARY - OTHER STRUCTURE
22
5
2
3
5
1
2
1
2
1
BURGLARY - RESIDENCE
55
12
7
9
3
5
5
3
6
5
CHILD NEGLECT
6
0
0
2
1
1
0
0
1
1
CITY ORDINANCE
1
0
0
0
0
0
1
0
0
0
CRIME DAMAGE -NO VANDALISM OR ARSON
138
33
19
26
12
12
12
5
7
12
CRIMINAL MISTREATMENT
3
0
0
0
2
0
1
0
0
0
CURFEW
3
1
0
0
1
1
0
0
0
0
CUSTODY -DETOX
6
0
1
0
0
0
2
3
0
0
CUSTODY - MENTAL
27
7
3
4
2
1
3
4
2
1
DISORDERLY CONDUCT
37
5
5
2
3
7
6
3
5
1
DRIVING UNDER INFLUENCE
63
2
2
7
5
10
6
9
9
13
DRUG LAW VIOLATIONS
69
4
7
6
14
8
9
6
10
5
DWS /REVOKED - FELONY
1
1
0
0
0
0
0
0
0
0
DWS /REVOKED - MISDEMEANOR
21
2
2
4
1
5
3
2
1
1
ELUDE
12
0
1
2
1
3
0
0
2
3
EMBEZZLEMENT
2
1
0
0
0
1
0
0
0
0
ESCAPE FROM YOUR CUSTODY
1
0
1
0
0
0
0
0
0
0
EXTORTION /BLACKMAIL
1
0
0
0
0
0
0
0
1
0
FAIL TO DISPLAY OPERATORS LICENSE
10
0
0
0
2
1
2
4
0
1
FAILURE TO REGISTER AS SEX OFFENDER
1
0
0
0
0
1
0
0
0
0
FAMILY -OTHER
1
1
0
0
0
0
0
0
0
0
FORCIBLE RAPE
4
0
1
0
0
1
0
0
0
2
FORGERY /COUNTERFEITING
41
5
2
8
5
5
1
5
7
3
FRAUD - BY DECEPTION /FALSE PRETENSES
7
1
0
0
0
1
0
1
2
2
FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE
24
7
1
2
3
3
2
2
4
0
FRAUD - IMPERSONATION
10
0
1
1
1
3
1
0
2
1
FRAUD - NO ACCOUNT - CHECK
1
0
0
0
0
0
0
0
1
0
FRAUD - OF SERVICES /FALSE PRETENSES
2
0
0
0
0
1
0
0
0
1
FRAUD - WIRE
1
0
0
0
0
0
0
0
0
1
FRAUD -OTHER
1
0
0
0
0
0
0
0
1
0
FUGITIVE ARREST FOR ANOTHER AGENCY
130
16
19
13
9
15
13
14
21
10
FURNISHING
6
3
0
0
1
0
1
1
0
0
GARBAGE LITTERING
7
0
0
2
2
0
0
2
0
1
HIT AND RUN FELONY
3
0
0
0
2
0
0
0
1
0
HIT AND RUN - MISDEMEANOR
106
11
9
13
9
11
10
15
16
12
IDENTITY THEFT
17
1
0
3
2
3
2
1
3
2
INTIMIDATION /OTHER CRIMINAL THREAT
40
7
5
3
3
7
2
5
5
3
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE
5
0
1
0
1
0
1
2
0
0
LICENSING ORDINANCES
2
0
0
1
0
1
0
0
0
0
MINOR IN POSSESSION
24
3
2
0
6
2
4
2
4
1
MINOR IN POSSESSION - TOBACCO
1
0
0
0
0
0
0
1
0
0
MISCELLANEOUS
65
10
5
6
7
13
7
6
3
8
MOTOR VEHICLE THEFT
57
12
7
5
3
6
11
1
5
7
OTHER
46
5
5
6
6
2
2
6
6
8
PROPERTY - FOUND LOST MISLAID
40
9
2
6
2
3
12
2
2
2
PROPERTY RECOVER FOR OTHER AGENCY
1
0
0
0
0
0
0
1
0
0
PUBLIC HEALTH AND SAFETY ORDINANCES
1
0
0
0
0
0
0
1
0
0
RECKLESS DRIVING
11
0
0
2
3
3
0
1
1
1
RESTRAINING ORDER VIOLATION
4
0
0
1
1
0
0
1
1
0
ROBBERY - BUSINESS
13
0
1
1
1
0
0
0
0
0
Page 1 of 2
10/5/2010 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
JANUARY THRU SEPTEMBER 2010
2009 Total 2,625 276 297 289 309 283 261 313 299 298
2008 Total 3,084 323 362 299 294 362 349 342 400 353
Offenses / Year
3200
2800
2400
W 2000
N
W 1600
LL
0 1200
800
400
2008 2009 2010
YEAR
12
Page 2 of 2
Total
Jan
Feb
Mar
Apr
May
Jun
Jul
ug
Sep
ROBBERY - HIGHWAY
1
0
0
0
1
0
0
0
0
0
ROBBERY - OTHER
4
1
0
0
0
1
0
0
1
1
RUNAWAY
23
1
2
5
3
2
4
2
1
3
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY
5
0
0
1
2
0
0
1
1
0
SEX CRIME - EXPOSER
1
0
0
1
0
0
0
0
0
0
SEX CRIME - FORCIBLE SODOMY
2
0
0
0
0
1
0
1
0
0
SEX CRIME - MOLEST (PHYSICAL)
17
5
6
1
1
2
0
0
2
0
SEX CRIME - NON FORCE SODOMY
1
0
0
0
1
0
0
0
0
0
SEX CRIME - NON -FORCE RAPE
2
0
0
1
0
0
0
1
0
0
SEX CRIME - OTHER
1
0
0
0
0
0
0
0
1
0
SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL
1
0
1
0
0
0
0
0
0
0
STALKER
2
0
0
1
0
0
1
0
0
0
STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING
3
0
1
0
0
1
1
0
0
0
SUICIDE
3
1
2
0
0
0
0
0
0
0
HEFT - BICYCLE
16
1
1
0
1
2
3
2
4
2
HEFT - BUILDING
19
1
4
6
2
1
1
3
1
0
HEFT - COIN OP MACHINE
6
0
0
0
0
0
2
2
2
0
HEFT - FROM MOTOR VEHICLE
144
46
20
28
15
12
7
4
6
6
HEFT - MOTOR VEHICLE PARTS /ACCESSORIES
25
11
6
1
1
0
1
1
2
2
HEFT - OTHER
91
11
8
12
5
10
8
17
10
10
HEFT - PICKPOCKET
2
1
0
0
0
0
1
0
0
0
HEFT - PURSE SNATCH
3
1
0
0
0
0
1
1
0
0
HEFT - SHOPLIFT
70
7
4
14
8
8
9
6
6
8
TRAFFIC VIOLATIONS
130
11
8
18
11
18
12
18
19
15
TRESPASS
41
5
6
6
5
6
5
4
1
3
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE
44
6
5
16
5
2
5
2
2
1
VANDALISM
221
31
18
26
23
47
33
11
15
17
VEHICLE RECOVERD FOR OTHER AGENCY
12
3
0
0
2
1
3
0
2
1
ARRANT ARREST FOR OUR AGENCY
34
0
0
0
7
6
11
3
4
3
WEAPON - CARRY CONCEALED
10
0
2
1
1
2
1
1
1
1
WEAPON - EX FELON IN POSSESSION
1
o=1
o
0
0
0
0
0
0
WEAPON - POSSESS ILLEGAL
3
2
0
0
0
0
0
1
0
0
Total
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
2010 Total
2,240
322
231
300
223
285
255
198
228
198
2009 Total 2,625 276 297 289 309 283 261 313 299 298
2008 Total 3,084 323 362 299 294 362 349 342 400 353
Offenses / Year
3200
2800
2400
W 2000
N
W 1600
LL
0 1200
800
400
2008 2009 2010
YEAR
12
Page 2 of 2
10/5/2010 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
JANUARY THRU SEPTEMBER 2010
CHARGE DESCRIPTION
Total
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
AGGRAVATED ASSAULT
10
0
1
1
0
2
1
1
3
1
ANIMAL ORDINANCES
13
0
3
2
0
2
3
3
0
0
ARSON
1
0
1
0
0
0
0
0
0
0
ASSAULT SIMPLE
100
8
19
11
7
12
13
6
10
14
BURGLARY - OTHER STRUCTURE
4
2
0
1
0
0
0
0
1
0
BURGLARY - RESIDENCE
12
2
2
6
0
0
0
0
2
0
CHILD NEGLECT
21
12
0
3
0
3
0
0
2
1
CITY ORDINANCE
1
0
0
0
0
0
0
1
0
0
CRIME DAMAGE -NO VANDALISM OR ARSON
10
4
3
0
0
1
1
0
0
1
CRIMINAL MISTREATMENT
2
0
0
0
1
0
1
0
0
0
CURFEW
7
2
0
0
1
4
0
0
0
0
CUSTODY -DETOX
6
0
1
0
0
0
2
3
0
0
CUSTODY - MENTAL
27
7
3
4
2
1
3
4
2
1
DISORDERLY CONDUCT
47
3
12
4
4
8
9
2
4
1
DRIVING UNDER INFLUENCE
63
2
2
7
5
10
6
9
9
13
DRUG LAW VIOLATIONS
92
6
7
8
12
19
10
7
8
15
DRUG PARAPHERNALIA
1
1
0
0
0
0
0
0
0
0
DWS /REVOKED - FELONY
1
1
0
0
0
0
0
0
0
0
DWS /REVOKED- MISDEMEANOR
21
2
2
4
1
5
3
2
1
1
ELUDE
9
0
1
1
1
2
0
0
1
3
EMBEZZLEMENT
1
0
0
0
0
0
0
0
1
0
ESCAPE FROM YOUR CUSTODY
1
0
1
0
0
0
0
0
0
0
FAIL TO DISPLAY OPERATORS LICENSE
10
0
0
0
2
1
2
4
0
1
FAILURE TO REGISTER AS SEX OFFENDER
1
0
0
0
0
1
0
0
0
0
FAMILY -OTHER
10
10
0
0
0
0
0
0
0
0
FORGERY /COUNTERFEITING
13
1
1
3
0
0
1
2
3
2
FRAUD -ACCOUNT CLOSED CHECK
1
0
0
0
0
0
0
0
1
0
FRAUD - BY DECEPTION /FALSE PRETENSES
1
0
0
0
0
0
0
1
0
0
FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE
2
1
0
1
0
0
0
0
0
0
FRAUD - IMPERSONATION
3
0
1
0
0
1
0
0
0
1
FRAUD - OF SERVICES /FALSE PRETENSES
1
0
0
0
0
1
0
0
0
0
FRAUD -OTHER
1
0
0
0
0
0
0
0
1
0
FUGITIVE ARREST FOR ANOTHER AGENCY
138
19
18
12
9
16
13
17
19
15
FURNISHING
5
3
0
0
0
0
1
1
0
0
GARBAGE LITTERING
7
0
0
2
3
0
0
2
0
0
HIT AND RUN - MISDEMEANOR
10
1
0
1
2
0
0
3
2
1
IDENTITY THEFT
4
1
0
1
0
0
0
0
1
1
INTIMIDATION /OTHER CRIMINAL THREAT
30
4
7
2
3
3
3
2
4
2
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE
4
0
0
0
1
0
1
2
0
0
LICENSING ORDINANCES
1
0
0
1
0
0
0
0
0
0
MINOR IN POSSESSION
38
5
2
0
13
2
4
5
6
1
MINOR IN POSSESSION - TOBACCO
1
0
0
0
0
0
0
1
0
0
MOTOR VEHICLE THEFT
5
0
0
0
1
1
0
0
1
2
OTHER
41
5
3
4
7
1
2
7
3
9
PUBLIC HEALTH AND SAFETY ORDINANCES
1
0
0
1
0
0
0
0
0
0
RECKLESS DRIVING
11
0
0
2
3
3
0
1
1
1
RESTRAINING ORDER VIOLATION
5
0
1
1
0
0
1
1
1
0
ROBBERY - BUSINESS
2
0
1
0
1
0
0
0
0
0
ROBBERY - HIGHWAY
1
0
0
0
1
0
0
0
0
0
ROBBERY -OTHER
2
1
0
0
0
0
0
0
0
1
RUNAWAY
5
0
1
1
1
0
0
1
0
1
EX CRIME - CONTRIBUTE TO SEX DELINQUENCY
1
0
0
0
1
0
0
0
0
0
EX CRIME - FORCIBLE SODOMY
1
0
0
0
0
0
0
0
0
1
Page 1 of 2 13
10/5/2010 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
JANUARY THRU SEPTEMBER 2010
2009 Total 1,586 136 199 169 170 168 192 173 176 203
2008 Total 1,733 197 207 164 172 185 150 192 253 213
Arrests / Year
1800
1600
1400
1200
1000
N
L
a 800
600
400
200
0
Page 2 of 2 14
2008 2009 2010
Year
Total
an
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
EX CRIME - MOLEST (PHYSICAL)
7
3
2
0
1
0
0
0
0
1
EX CRIME - NON FORCE SODOMY
1
0
0
0
1
0
0
0
0
0
EX CRIME - NON -FORCE RAPE
1
0
0
0
0
0
0
1
0
0
EX CRIME - PORNOGRAPHY /OBSCENE MATERIAL
1
0
1
0
0
0
0
0
0
0
EX CRIME - SEXUAL ASSAULT WITH AN OBJECT
1
0
0
0
0
0
0
0
0
1
TALKER
1
0
0
0
0
0
1
0
0
0
TOLEN PROPERTY - RECEIVING,BUYING,POSSESSING
4
0
1
0
0
1
1
0
1
0
HEFT - BICYCLE
1
0
0
0
0
0
1
0
0
0
HEFT - BUILDING
8
2
2
4
0
0
0
0
0
0
HEFT -FROM MOTOR VEHICLE
7
3
0
0
2
0
2
0
0
0
HEFT - MOTOR VEHICLE PARTS /ACCESSORIES
1
0
0
0
0
0
0
0
1
0
HEFT-OTHER
12
2
3
3
1
1
0
1
0
1
HEFT - PURSE SNATCH
1
1
0
0
0
0
0
0
0
0
HEFT - SHOPLIFT
55
10
4
8
5
6
11
3
4
4
RAFFIC VIOLATIONS
122
10
8
17
11
18
13
14
17
14
RESPASS
32
3
5
4
5
5
5
3
0
2
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE
6
3
0
0
0
0
2
1
0
0
VANDALISM
18
1
5
0
4
0
2
0
0
6
ARRANT ARREST FOR OUR AGENCY
35
0
0
1
6
6
12
3
5
2
WEAPON - CARRY CONCEALED
11
0
2
2
1
2
1
1
1
1
WEAPON - EX FELON IN POSSESSION
1
0
1
0
0
0
0
0
0
0
EAPON - POSSESS ILLEGAL
2
1
0
0
1
0
0
0
0
0
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
2010 Total
1,134
142
127
123
120
138
131
115
116
122
2009 Total 1,586 136 199 169 170 168 192 173 176 203
2008 Total 1,733 197 207 164 172 185 150 192 253 213
Arrests / Year
1800
1600
1400
1200
1000
N
L
a 800
600
400
200
0
Page 2 of 2 14
2008 2009 2010
Year
OODSUR
VWT N
October 6, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Scott Russell, Chief of Police
SUBJECT: Liquor License Application - Off - Premises Sales
RECOMMENDATION
The Woodburn City Council approve an Off - Premises Sales liquor license
application for Chavitas Foods.
BACKGROUND
Applicant: Larios, Salvador G.
2351 Miller Street
Woodburn, Or. 97071
W k# : 503 - 982 -5940
Other: 503 - 989 -0540
Business: Chavitas Foods
405 N. First Street
Woodburn, Or. 97071
Business #: 503 - 982 -5940
Contact Person:
Same as applicant
Owner(s): Larios, Salvador G.
2351 Miller Street
Woodburn, Or. 97071
W k# : 503 - 982 -5940
Other: 503 - 989 -0540
License Type: Off - Premises Sales
On September 17, 2010 the Woodburn Police Department received a liquor license
application requesting approval for the Off - Premises Sales / New Outlet for Chavitas
Agenda Item Review: City Administrator _x City Attorney _x_ Finance _x
15
Honorable Mayor and City Council
October 11, 2010
Page 2
Foods located at 405 N. First Street, Woodburn, Oregon. The above mentioned
applicant is applying for this license through the Oregon Liquor Control Commission.
While this is a new license application this location was formerly a licensed premise.
During the past 12 month period there have been five (5) incidents which the
Woodburn Police Department responded on. None of these incidents dealt with the
business itself or any liquor law violations by the business.
The business will be open daily, Sunday through Saturday, from 6:00 a.m. to 10:00 p.m.
This business is a grocery store / restaurant that will serve grocery items and prepared
food to include alcoholic beverages (malt beverages, wine and hard cider) and non-
alcoholic beverages for off - premise consumption. The Woodburn Police Department
has not received any communication from the public or surrounding business in
support of, or against this location.
DISCUSSION:
The police department has completed a substantial background investigation
on the applicant business. A scan of incidents over the last year of this location
revealed nothing of a questionable nature. During the background
investigation of this business, other businesses owned and / or operated by the
applicant were reviewed. Due to the history from these past businesses and
concerns over maintaining the safety and viability of the surrounding area, a
compliance plan was crafted which will further restrict activities at the licensed
premise. A copy of this compliance plan is attached to this staff report (see
Attachment A).
An in -depth investigation was completed on the applicant. During our
investigation we found two letters from the City to OLCC expressing concerns
with the applicant's previous OLCC licensed businesses (see Attachment B).
The issues outlined in the aforementioned letters to OLCC do not appear to
contain issues directly relevant to this current application. The applicant has
operated a licensed package sales premise at the N. First Street location in the
past and has met OLCC requirements at that location. The North First Street
location has been a licensed premise for package sales for more than 20 years.
No other items of a questionable nature were located.
FINANCIAL IMPACT
None.
16
ATTACHMENT _,_
WOODBURN PO LICE D EPARTME N T of
1060 Mt. Hood Ave., Woodburn, Oregon 97071
Phone: (503) 982 -2345 FAX: (503) 982 -2371
Scott D. Russell • Chief of Police
Doug Garrett • Support Division Captain
Jason Alexander • Patrol Division Captain
City of Woodburn
OLCC Licensee Compliance Plan
Licensee: Salvador Larios
Chavita's Foods
405 N. First Street
Woodburn, Or. 97071
In order to comply with OLCC liquor control laws and rules, with the laws of the State of
Oregon, and with the Ordinances of the City of Woodburn, the undersigned agree to the
following action steps for Chavita's Foods:
1. Licensee will require all employees to attend and complete an alcohol servers class
approved by the OLCC prior to serving any alcoholic beverage to any customer. The
Licensee will hold quarterly meetings with all employees to review: Applicable laws,
this action plan, and the names of patrons suspected to be involved with drugs or any
other unlawful activity.
2. The Licensee will not sell alcoholic beverages between 2:30 a.m. and 7:30 a.m.
3. The Licensee will post three (3) signs inside the premises, indicating that no drug
dealing or usage is permitted, and that the business invites and encourages police on
the premises. One of these signs will be visible on the wall when entering and exiting
the building; the other two will be posted on each restroom door. These signs will be
in both English and Spanish.
4. A daily incident log will be kept on the premises. Any illegal or disturbing behavior will
be logged. Also logged will be attempted violations of OLCC rules such as: Minors
attempting to purchase alcohol or visibly intoxicated persons attempting to purchase
alcohol from the business. The log book will contain:
a. Date, time, and type of incident
b. Name or photo of person(s) involved
c. Make, model, year, color, and license number vehicles associated with persons
engaged in problem behavior
d. Action taken by employees during or after the incident
5. Any patrons observed to be engaged in the following illegal activity shall be
permanently barred by the Licensee:
a. Illegal Drug Activity
b. Serious Fights or disturbances
c. Carrying Weapons Illegally
6. Any patrons observed or engaged in minor arguments or disturbances shall be barred by
the Licensee for a period of at least six months.
17
ATTACHMENT A
Page 2 of Z-
7. The Licensee will constantly monitor restroom for illegal activity and excessive or
suspicious use.
8. The Licensee will not sell any patron who shows signs of visible intoxication for the
remainder of the day.
9. No dancing will be allowed in the establishment
10. The designated manager or owner will be on premises during all business hours
11. The Woodburn Police Department agrees to assist the Licensee in enforcing rules and
exclusions as outlined in this action plan.
Licensee /Date:
Chief of Police /Date:
18
ATTACHMENT
Page - of
OODBUR
F August 14, 2003
Oregon Liquor Control Commission aRrFT
9079 S_L:. McLoughlin Blvd, AUG 1 5
Il
Milwaukie, Oregon 97222
Re: Application for Full on- Premise Sales, Greater Privilege —
g Salva or's Bakery,
Inc. d.b.a. Salvador's Bakery Ill
Honorable Chairman Lang and Commissioners:
At it's regular meeting of August 11, 2003, the City Council of the City of Woodburn
voted to recommend that you deny the referenced application. The Council bases its
recommendation for denial on the following factors:
Lack of public necessity for another full on- premises sales license in an area
saturated by similar establishments;
Location of the establishment in an ODOT- designated safety corridor; and
Incompatibility of full on- premises Sales with the business's existing activities as
a bakery, grocery, and informal dining establishment.
An excerpt from the Council's draft minutes of the August 11, 2003 meeting, related to
this matter, is attached for your information.
There are currently, within a one - linear -mile span on Highway 99 E surrounding
Salvador's Bakery, six other establishments with full on- premises sales licenses. The
Council believes these six existing establishments are more than sufficient to meet the
entertainment needs of area, particularly when viewed in combination with the 17
additional establishments in the same area with limited on- premises, or off - premises sales
licenses. The section of highway in question is at the heart of an ODOT- designated
safety corridor that runs from Canby to Salem. The safety corridor designation was
based on the high number of accidents and deaths on the corridor, many of which ODOT
indicates are alcohol related. The City Council has serious concerns that adding another
full on- premises sales establishment in this area will only serve to increase the number of
alcohol related traffic injuries and fatalities in this area. Salvador's Bakery III, as its
name implies, is a bakery. Groceries are also sold and food is also served in the
establishment, although it's primary use is not as a restaurant. The City Council believes
Office of the City Administrator
270 Montgomery Street • Woodburn, Oregon 97071
Ph. 503-982-5228 4 Aax 503- 982 -5243
Oregon Liquor License Commission
August 14, 2003
Page 2.
ATTACHMEN _
'ago 2 of 3
a full on- premises license is not compatible with the existing use of the business, or the
kind and amount of food served to patrons who dine there.
The City Council strongly urges you to seriously consider its recommendation in this
matter, and to deny the referenced application. If you have any questions regarding the
City Council's recommendation for denial, please contact me at (503) 982 -5228 or by e-
mail at jo hii.hi c��� i���r i.�� �>odburn.ur.us.
Sincerely,
JCB
cc: Mayor and Each City Councilor
Y.- Chief of Police
John C. Brown
City Administrator
20
ATTACHMENT
VT
9e ' '
W� OODB -I-- -
U EMN R
•
I n c o r p o r a t e d 4 8 8 9
August 27, 2007
Mr. Steve Berrios, District Inspector
Oregon Liquor Control Commission
Regulatory Field Operations
213 Madrona Street, SE
Salem, OR 97302
RE: Salvador's Bakery III / El Corralejo
Dear Mr. Berrios:
Thank you for advising us the licensees at El Corralejo have voluntarily surrendered their liquor
license. We are pleased with that news, given the problems we have previously discussed with the
OLCC regarding that location. We appreciate your letter advising us of this development, and your
intentions regarding any future applications at the same location. We also appreciate the time and
serious effort that you and the OLCC expended investigating violations at the El Coraalejo.
As you know from our correspondences, the City Council is concerned with the saturation of
Highway 99E in Woodburn with businesses that serve and sell alcohol, for all the reasons we
previously detailed. They prefer the OLCC would issue no more licenses in that area, and will
communicate that preference whenever the opportunity arises. We welcome your assurances that
any application for a liquor license at the El Corralejo location will be closely scrutinized and will
require a strong compliance plan, including an investigation of the history of serious and persistent
problems at the location, prior to approving any license there. Please be assured the City stands
ready, through my office and the Police Department, to cooperate with and assist you in any way that
will help you achieve your, and our, enforcement goals.
Thanks again for your letter and your assistance.
Sincer ly ,
John C. roB win
City Administrator
cc: Mayor and Each City Councilor
Steve Pharo, OLCC Executive Director
Scott Russell, Police Chief
Office of the City Administrator
-, _ .lI „ifc, u. t ".yet • 'X- ��.,�banr Ors °. a;i'.'1
W UU UB �UJI N
October 11, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic and Development Services
SUBJECT: Second Reading of Ordinance 2470, Expanding the Neighborhood
Conservation Overlay District
RECOMMENDATION
After a second reading, adopt the Ordinance.
BACKGROUND
On September 27, 2010 a majority of the City Council approved Ordinance
2470, with five Councilors voting in favor and one Councilor in opposition.
DISCUSSION
Chapter VII of the Woodburn Charter provides that Ordinances must be read in
Council meetings on two separate days. Ordinances may be enacted at a
single meeting, however, if they are passed by a unanimous vote. Since the
Ordinance was not passed unanimously, it is before you for a second reading
and final decision.
Agenda Item Review: City Administrator _x_ City Attorney _x_
Finance
22
COUNCIL BILL NO. 2839
ORDINANCE NO. 2470
AN ORDINANCE AMENDING THE WOODBURN ZONING MAP TO EXPAND THE
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (NCOD) AS PROVIDED HEREIN.
WHEREAS, the Woodburn Historic Neighborhoods Association petitioned the City
Council to expand the boundaries of the Neighborhood Conservation Overlay District,
and
WHEREAS, the City Council initiated a legislative amendment, and
WHEREAS, the Woodburn Planning Commission conducted a public hearing on
the matter and forwarded the proposal to the Council with a recommendation of
approval, and
WHEREAS, the City Council has reviewed the record and conducted a public
hearing and heard all public testimony presented on the matter, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the City Council has considered the proposed expansion of the
Neighborhood Conservation Overlay District as depicted by Exhibit "A" attached
hereto.
Section 2. That the Woodburn Zoning map is hereby amended to expand the
boundary of the Neighborhood Conservation Overlay District as depicted by Exhibit "B"
attached hereto.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Page 1- COUNCIL BILL NO. 2839
ORDINANCE NO. 2470
23
Filed in the Office of the Recorder
Attest:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2- COUNCIL BILL NO. 2839
ORDINANCE NO. 2470
24
EXHIBrr A
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O A F G p N
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October 11, 2010
TO: Honorable Mayor and Council
FROM: Scott C. Derickson, City Administrator
SUBJECT: "Fix -It Ticket" Program
RECOMMENDATION
Adopt the attached resolution supporting the Woodburn Municipal Court's "Fix -
It Ticket" program, acknowledging that the Court has the authority to establish
this program, and setting an administrative fee.
BACKGROUND
Judge Zyryanoff is interested in starting a "Fix -It Ticket" program in the Woodburn
Municipal Court (see attached letter) and is requesting City Council support.
Both the Police Chief and City Attorney support this program, which has been
extremely successful in other traffic courts around the state.
DISCUSSION
As explained by Judge Zyryanoff's letter, an administrative fee should be
established to off -set the cost to the City for the program. Since additional City
time is required to monitor the program, the Court is requesting the City Council
to set a fee of $50 per case. This fee is included in the attached resolution.
FINANCIAL IMPACT
The administrative fee will offset the costs of administering the "Fix -It Ticket"
program.
Attachment: September 29, 2010 letter from Janice D. Zyryanoff
Agenda Item Review: City Administrator _x City Attorney _x
Finance
27
W OODBUR
. N
n c o r p o r a t e d 1 8 8 9
September 29, 2010
Honorable Mayor and City Council
270 Montgomery St.
Woodburn, OR 97071
Dear Mayor and City Council
The fix it ticket program is being proposed for Woodburn as a means of assisting citizens in
the community to comply with Oregon Laws. The goal is to give the public an opportunity to
cure the problem with their vehicles, spending money on the car repair or the driver's license
problem, without requiring them to pay a tine in addition.
This program has had success in other municipalities within the state. I believe it could be
successful in Woodburn as well. It allows the police officer to write the ticket and to give the
motorist an informational brochure advising them to get the problem fixed, contact the police
department for verification that the problem issue has been fixed, then contact the court clerk
to have the ticket dismissed before their appearance in Municipal Court.
An administrative fee needs to be established to off -set the cost to the city for the program.
There are three contacts by the citizen with city authorities: the police officer writing the
original citation, the police officer signing off that the problem has been solved and the court
clerk verifying that the citizen has not used the program to get another citation dismissed in
the past and then actually dismissing the citation. I propose $50.00 as an administrative fee.
I do not believe that it will cover the entire cost of the city's involvement in the program, but
I feel that any fee higher may cause the program to become so expensive to the community
that it would limit citizen involvement.
I believe that the program will benefit the community by ensuring that equipment violations
or licensing problems are resolved. Those who repair these issues will not be required to pay
a fine or have potentially higher insurance costs because of additional violations appearing on
their driving record.
Sincerely yours,
C% dd
28
COUNCIL BILL NO. 2842
RESOLUTION NO. 1977
A RESOLUTION SUPPORTING THE WOODBURN MUNICIPAL COURT'S "FIX -IT TICKET"
PROGRAM FOR TRAFFIC VIOLATIONS; ACKNOWLEDGING THAT THE COURT HAS THE
AUTHORITY TO ESTABLISH THIS PROGRAM; AND SETTING AN ADMINISTRATIVE FEE
WHEREAS, the Woodburn Municipal Court has jurisdiction under state law
to adjudicate all Oregon Motor Vehicle Code traffic violations that occur within
the City of Woodburn; and
WHEREAS, the Woodburn City Charter established the Woodburn
Municipal Court, created the office of Municipal Judge and granted to the City
Administrator the power and authority to administer the Woodburn Municipal
Court; and
WHEREAS, there are certain traffic violations that concern defective or
improper vehicle equipment and /or improper vehicle registration; and
WHEREAS, the City of Woodburn has an interest in seeing that these
problems are corrected; and
WHEREAS, in order to encourage citizens to promptly correct these
problems, the Woodburn Municipal Court has prepared a proposed General
Order (Exhibit "A ") and is ready to begin a "Fix -it Ticket" program; and
WHEREAS, the Woodburn Municipal Court requests that the City Council
support the "Fix -it Ticket" program and, as the legislative body of the City,
impose a $50 per case administrative fee to offset court costs; and
WHEREAS, the City Council endorses the "Fix -it Ticket" program and
believes it appropriate to adopt an administrative fee; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council supports the Woodburn Municipal Court's
proposed "Fix -it Ticket" program, acknowledges that the court has the legal
authority to establish this program, and believes that it is good public policy to
encourage citizens to promptly correct equipment and /or registration problems.
Section 2. The City Council finds that it is appropriate and necessary for
the City to collect an administrative fee to support the program.
Page 1 - Council Bill No. 2842
Resolution No. 1977
29
Section 3. The City Council adopts a fee of $50 per case to cover the
administrative costs related to the "Fix -it Ticket" program.
Section 4. The City Administrator is requested, consistent with his authority
under the Woodburn City Charter, to provide administrative support for the "Fix -
it Ticket" program.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2842
Resolution No. 1977
Ell
EXHIBIT
Page
MUNICIPAL COURT OF THE CITY OF WOODBURN
MARION COUNTY, STATE OF OREGON
In the Matter of establishing a Fix -It No. 2010 -001
Ticket Program through the Woodburn
Municipal Court
GENERAL ORDER
RECITALS
1. The City of Woodburn conducts a Municipal Court which has jurisdiction over traffic
violations committed within its boundaries.
2. The City Council is one of the legislative authorities for the Municipal Court and has
approved the Fix -It Ticket Program by Resolution
3. There are certain non- moving traffic violations which concern defective or improper
vehicle equipment and /or improper registration of the vehicle. The City of Woodburn has
an interest in seeing that these problems are corrected.
4. In order to encourage citizens to correct these problems and accommodate citizens who
promptly correct these problems, the Fix -It Ticket Program is established.
5. Municipal Judge Janice Zyryanoff has reviewed this order.
THEREFORE, IT IS ORDERED AS FOLLOWS:
1. The City establishes a Fix -It "picket Program involving certain non - moving violations.
2. The City authorizes that upon verification that the underlying matter(s) motivating the
issuance of the citations(s) has /have been corrected, the citation(s) shall be dismissed.
3. The following violations will qualify under the Fix -It Ticket Program:
803.220 - ]�ailure to Change Name /Address on Vehicle Registration
803.300 -- Failure to Register Vehicle
803.455 - Expired Vehicle Registration /Sticker within 90 days of expiration only
803.540 — Failure to Display License Plate
803.550 subsection 2(b) and (c) only Altered License Plate
803.560 subsection (1)(b) Improper Display of Registration /Sticker only if within 90
days of expiration date.
807.010 — Expired Driver's License if expired within 30 days only
807.560 - -- Failure to Change Name /Address on Driver's License
815.222 — Unlawfully Tinted Windows
816.300 — Use of Non - Standard Lighting
816.330 — Operating Without Required Lighting
816.360 — Use of Prohibited Lighting
31
EXHIBIT
Page Z of Z
4. The Woodburn City Council has adopted an administrative fee of $ per case
and directed the City Administrator to insure that these costs are collected to support the
Fix -it Ticket program.
5. In addition to the above -named charges, the Judge and City Prosecutor have the
discretion to allow other equipment violations to be processed through the Program and
to deny participation in the Fix -It Ticket Program for any of the above -named violations
under certain circumstances such as aggravated cases and /or blatant repeat offenders.
THIS ORDER SHALL BECOME EFFECTIVE ON
Dated this day of
2010.
Janice Zyryanoff
Municipal Court Judge
32
W UU UB �UJI N
October 11, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Christina Shearer, City Recorder
SUBJECT: Designation of Authorized Contacts: ING. Pension Plan
RECOMMENDATION
Adopt the proposed resolution designating authorized contacts for ING
administered Pension Plan.
BACKGROUND
The City has an IRS Section 401 A defined benefit plan administered by ING for
former employees not covered by the Public Employees Retirement System.
ING requires Council authorization to disclose plan information to staff. All
currently authorized individuals no longer work for the City, leaving no one
authorized to work with ING on this plan.
DISCUSSION
Staff recommends the following persons be authorized to work with ING in
administering the plan:
Primary Contact
Christina Shearer
City Recorder
Alternate Contacts
Scott Derickson
City Administrator
Terrie Stevens
Assistant City Administrator
Ignacio Palacios
Finance Director
In addition, staff recommends Council delegate authority to name future
contact individuals to the City Administrator.
Agenda Item Review: City Administrator _x City Attorney _x_ Finance —x-
33
Mayor and City Council
October 11, 2010
Page 2
FINANCIAL IMPACT
None.
COUNCIL BILL NO. 2843
RESOLUTION NO. 1978
A RESOLUTION DESIGNATING AUTHORIZED CONTACTS FOR PENSION PLAN
ADMINISTRATOR
WHEREAS, the City has a IRS Section 401 A defined benefit pension
plan administered by ING for former employees not covered by the Public
Employees Retirement System, and
WHEREAS, the ING plan number is PH 1380, and
WHEREAS, ING requires that disclosure of information and
administration of the plan be to individuals authorized by City Council;
and
WHEREAS, currently authorized contact individuals have all left City
employment; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. City Council designates the following persons as
authorized to administer the ING defined benefit plan (PH 1380):
Primary Contact Christina Shearer
City Recorder
Alternate Contacts Scott Derickson
City Administrator
Terrie Stevens
Assistant City Administrator
Ignacio Palacios
Finance Director
Section 2. City Council delegates authority to the City Administrator
to designate replacement administrators and contacts in the event that
any of the designated employees leave City employment.
Section 3. That these designations are effective immediately.
Page 1 — Council Bill No. 2843
Resolution No. 1978 35
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed with the Office of the Recorder
Attest:
Christina M. Shearer, City Recorder
City of Woodburn, Oregon
Page 2 — Council Bill No. 2843
Resolution No. 1978 36
OODSUR
VLT N
October 11, 2010
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: NORTH TRUNK SEWER LINE CONTRACT BRIEFING
The following is a briefing to Council on the status of the North Trunk Sewer Line
contract. No Council action is required at this time.
BACKGROUND
• On April 12, 2010 a construction contract was awarded to Northstar
Associates for a sum of $67,567.00.
• Northstar Associates was issued a Notice to Proceed on July 12, 2010 with a
30 day completion date for the contract, which was August 10, 2010. The
completion date was extended to August 24, 2010 due to weather related
delays.
• On August 24, 2010 the City terminated the contract with Northstar
Associates for failure to complete the project by deadline and failure to
pay suppliers.
DISCUSSION:
The North Trunk Sewer Line project is to replace an existing sewer line that is on
the verge of failing. Should failure occur, it would pose a significant public
health and environmental damage risk. Because of the risk to the community's
health and safety, this project is considered a high priority for this construction
season. The liability and cleanup of such a failure would be a significant
expense to the City.
The City Administrator was advised of the situation and working with legal
counsel, I issued Administrative Order No. 2010 -03 (see attached), exempting
construction contract for the North Trunk Sewer Improvements from formal
contract procedures due to an emergency.
Agenda Item Review: City Administrator _x_ City Attorney _x Finance — x -
37
Honorable Mayor and City Council
October 11, 2010
Page 2
Contract provisions allow the City to enter into a contract with another party
upon default or breach of contract to continue work. Consequently, the City
entered into a contract with the third lowest bidder to continue work. The
second low bidder was not able to commit to a completion schedule required
by the City. As a result, a time and materials contract was issued to John Rice
Excavation, inc. for an amount not to exceed his original bid of $162,670.00.
John Rice Excavation mobilized immediately and is expected to complete work
by October 13, 2010.
Differing site conditions and adverse weather have been encountered during
the resumption of work and additional work has been performed. Additionally,
a decision was made to bore under Hazelnut Drive due to school opening and
ongoing construction work on OR 214. It was determined that modifications to
work were needed to avoid damage to the Mill Creek bridge area and to also
avoid excessive traffic delays.
FINANCIAL IMPACT
It is likely that additional budget appropriations will be required in the form of a
supplemental budget later this year. The City may be able to recover some of
the increase in costs from Northstar Associates' performance bond. Staff is
pursuing legal and other avenues to recover these costs where possible.
Administrative Order No. 2010 -03
EXEMPTING CONSTRUCTION CONTRACT FOR NORTH TRUNK SEWER
IMPROVEMENTS FROM FORMAL CONTRACTING PROCEDURES DUE TO
EMERGENCY
The City Administrator of the City of Woodburn finds that:
A. On April 12, 2010 the City Council awarded Northstar Assoc., LLC a
contract to replace a failing sanitary sewer line crossing Hazelnut Road and other
improvements solicited through a formal bid process (Bid No. 2010 -05).
B. Northstar began under the contract but failed to perform and the City
terminated the contract with Northstar.
C. Due to the initial excavation and other work done to begin replacement,
the sewer line is now more vulnerable to failure. The risk of failure increases each day as
fall weather approaches and the construction season ends.
D. Failure of the sewer line could result in waste water being released into
wetland areas and poses a significant risk to public health and safety.
E. The City must secure the services of a qualified firm who can
immediately begin work to complete the sewer line replacement before fall weather
arrives.
On the basis of these findings, the City Administrator orders as follows:
1. The North Trunk Sewer Improvements Contract is exempted from formal
public contracting procedures due to emergency and pursuant to state law and local
contracting procedure.
2. The Director of Public Works shall contact qualified firms, starting with
those firms that responded to the City's April solicitation for bids, in any reasonable
manner under the circumstances to solicit bids for immediate completion of the North
Trunk Sewer Improvements Contract.
3. The Director of Public Works is authorized to enter into a contract with a
qualified firm to immediately perform the work under the contract and to waive any bond
requirements reasonably necessary to complete the project as soon as possible.
4. Within 30 days of contracting with the selected firm, a full report shall be
furnished to the Local Contract Review Board at a regularly scheduled meeting.
Dated this 31 day of August, 2010.
Scott C. n
City Administrator
Administrative Order No. 2010 -03 - Page 1 of 1
W UU UB �UJI N
AY4^4� Wff'%
October 11, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic & Development Services
SUBJECT: Planning Commission approval of cases DR 2010 -05, EXCP 2010 -04,
VAR 2010 -04 for Wilbur -Ellis Company dba Woodburn Fertilizer
RECOMMENDATION
No action is recommended. This item is placed before the Council for
information purposes in compliance with the Woodburn Development
Ordinance. The Council may call up this item for review if it desires.
BACKGROUND
The applicant requested a Design Review for a 5,600 square foot enclosure over
existing and new liquid storage tanks, an Exception to street right -of -way and
improvement requirements for Hardcastle Avenue, and a Variance for building
setback and wall requirements. The property is zoned Light Industrial (IL).
Abutting properties are zoned Light Industrial (IL) and Residential Single Family
(RS). The existing tanks were established under Site Plan Review 1990 -05. The
Planning Commission conducted a public hearing and approved all three cases
on September 23, 2010.
DISCUSSION:
an10
FINANCIAL IMPACT
This decision is anticipated to have no public sector financial impact.
Agenda Item Review: City Administrator _x City Attorney _x_
Finance
.I
Planning Commission approval of cases DR 2010 -05, EXCP 2010 -04, VAR 2010 -04
October 11, 2010
Page 2
Zoning map
41