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02-28-2011 AgendaCITY OF WOODBURN CITY COUNCIL AGENDA FEBRUARY 28, 2011 - 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 VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements None. Al212ointments A. Park Board Appointment B. 99E Corridor Citizen Advisory Committee Appointment 4. COMMUNITY /GOVERNMENT ORGANIZATIONS A. Chamber of Commerce B. Woodburn School District C. Community Garden Update- Ian Niktab 5. PROCLAMATIONS /PRESENTATIONS Proclamations None. Presentations A. Aquatic Center B. Woodburn Community Resource Meeting 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 1 2 "Hawa interpretes bisponVes Para aqudfas personas que no �Afan Ingfes, previo acuerbo. Comuniquese of (503) 980 -2485." February 28, 2011 Council Agenda Page i 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of February 14, 2011 3 Recommended Action Approve the minutes. B. Woodburn Recreation and Parks Board Minutes of February 8, 6 2011 Recommended Action Receive the minutes. C. Crime Stats for January 2011 Recommended Action Receive the report 10 D. Liquor License Change of Ownership - Full On- Premises Sales 13 Recommended Action The Woodburn City Council recommends that the OLCC approve a Liquor License Change of Ownership - Full On- Premises Sales application for Chu's Eatery II. E. Liquor License Application for New Outlet - Off - Premises Sales 23 Recommended Action The Woodburn City Council recommends that the OLCC approve a New Outlet - Off - Premises Sales Liquor License Application for Walgreens # 12095. F. 2011 OLCC Renewal 28 Recommended Action The Woodburn City Council recommends to the OLCC renewal of Liquor licenses for the listed businesses for the year 2011. 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. 2857 - An Ordinance Entering into an Amended 30 February 28, 2011 Council Agenda Page ii and Restated Intergovernmental Agreement for the Regional Automated Information Network; Authorizing the City Administrator to Sign Said Agreement; and Declaring an Emergency Recommended Action Adopt the ordinance entering into the RAIN Consortium for law enforcement information sharing services and authorizing the City Administrator to sign the intergovernmental agreement. B. Council Bill No. 2858- A Resolution Approving a Contingency 40 Transfer and Adopting a Supplemental Budget for the General Fund and General Fund Capital Improvement Fund for Fy 2011- 2012 Recommended Action Approve the attached resolution authorizing a contingency transfer and approving a supplemental budget in the General Fund and General Fund Capital Improvement Fund for the fiscal year 2011-2012. C. Award of Construction Contract for the Fifth Street 45 Improvements Project Recommended Action That the City Council, acting as the Local Contract Review Board, by motion award a construction contract for the Fifth Street Improvements Project to M.L. Houck Construction Co. in the amount of $957,093.86. D. Santiam Canyon Communications Center Network Support 47 Agreement Recommended Action: Authorize the City Administrator to execute an Intergovernmental Agreement with the Santiam Canyon Communications Center to provide computer and network support. E. Grant of Public Access and Utility Easement over "Block A, V 52 Strip" at Landau Estates Subdivision, Woodburn Recommended Action: Authorize the City Administrator to sign a public access and utility easement over the City owned parcel described as BLOCK "A" 1' STRIP as shown on Landau Estates Plat, City of Woodburn, OR (Tax Lot 051 W17BD02500). 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. None. February 28, 2011 Council Agenda Page iii 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT February 28, 2011 Council Agenda Page iv WOODBURN 6 I ncu r c r ted 1889 February 23, 2011 TO: City Council FROM: Kathy Figley, Maymi SUBJECT: Park Board Appointment The following appointments are made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, February 28, 2011. No reply is required if you approve of my decision. PARK BOARD COMMITTEE New appointment o Tony Waite 1 W ow., W.0� ODBU1W Incorperated 1889 February 23, 2011 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: 99E Corridor Citizen Advisory Committee The following appointments are made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, February 28, 2011. No reply is required if you approve of my decision. 99E CORRIDOR CITIZEN ADVISORY COMMITTEE New Appointment • Rob Carney • Bruce Crane (Bruce is replacing Heidi Bishop, who is unable to serve) 2 COUNCIL MEETING MINUTES FEBRUARY 14, 2011 0:00 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 14, 2011. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Councilor Cox Councilor Lonergan Councilor McCallum Councilor Morris Councilor Pugh Councilor Schmidt Day. The Aquatic Center will be open during normal business hours. 0:01 APPOINTMENTS Mayor Figley proposed the following reappointments to City Boards and Planning Commission: Park Board: Claudia Urias- Guerrero for a term to expire December 2013 Lonergan /McCallum..... approve the appointment. The motion passed unanimously. Budget Committee: Dagmar Kinne for a term to expire December 2013 Cox/Lonergan .... approve the appointments. The motion passed unanimously. 0:02 COMMUNITY /GOVERNMENT REPORTS A. Chamber of Commerce — Don Judson, Executive Director of the Woodburn Area Chamber of Commerce updated the Council on upcoming Chamber events. He also spoke of the Chambers support of City economic development efforts. B. Woodburn School District — David Bautista, Superintendent of the Woodburn School District provided an update on School District events and achievements. Page 1 - Council Meeting Minutes, February 14, 2011 9 COUNCIL MEETING MINUTES FEBRUARY 14, 2011 0:09 PROCLAMATIONS The Mayor declared February 16, 2011 Terrie Stevens day in recognition of her service as Assistant City Administrator. Terrie Stevens will be leaving the City for a position in California. 0:53 CONSENT AGENDA A. Approve the Woodburn City Council minutes of January 24, 2011, B. accept the Planning Commission minutes of December 9, 2010 C. accept Community Services statistics for November 2010, and D. recommend that OLCC approve a Liquor License Change of Ownership application for the 7 Seas Restaurant and Bar. McCallum /Schmidt... adopt the Consent Agenda. The motion passed unanimously. 0:54 COUNCIL BILL NO. 2855 — A RESOLUTION SETTING NEW FARE SCHEDULE FOR FIXED ROUTE TRANSIT AND PARA- TRANSIT PUBLIC TRANSPORTATION SERVICES McCallum introduced Council Bill 2855. Recorder Shearer read the bill by title only since there were no objections from the Council. Mayor Figley invited members of the public to comment on the proposed resolution. No one wished to speak. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2855 duly passed. 0:55 COUNCIL BILL NO. 2856 — A RESOLUTION ENDORSING THE WOODBURN STRATEGIC ECONOMIC DEVELOPMENT PLAN AND DIRECTING THE CITY ADMINISTRATOR TO CONSIDER THE RECOMMENDATIONS CONTAINED IN THE PLAN IN THE CITY BUDGET PROCESS McCallum introduced Council Bill 2856. Recorder Shearer read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2856 duly passed. Page 2 - Council Meeting Minutes, February 14, 2011 rd COUNCIL MEETING MINUTES FEBRUARY 14, 2011 0:56 AUTHORIZATION TO ENTER INTO A FOUR -WAY AGREEMENT WITH MCDONALD'S CORP., GREENTREE ENTERPRISES INC., ODOT AND CITY OF WOODBURN FOR ACCESS CONTROL AND ASSOCIATED STREET MODIFICATIONS AT 2910 OR HWY 214 Cox /McCallum... authorize the City Administrator to execute, on behalf of the Council as the Local Road Authority, an agreement with McDonald's Corporation, Greentree Enterprises Inc, Oregon Department of Transportation (ODOT) and the City of Woodburn, to modify approaches to Lawson Avenue and road improvements to Lawson Avenue and Evergreen Road. The motion passed unanimously. 0:58 WEED & SEED IGA WITH MARION COUNTY JUVENUX DEPAR 1:00 1:08 Councilor McCallum reported on his progress to Ards 5 Million pages of reading through the Woodburn Public Library program. He also requested an update on the water disinfection project. Public Works Director Brown provided Council with clarification on chlorination vs. chlorimination. Councilor Cox is looking forward to the implementation of disinfection. Councilor Morris reminded Council of an upcoming 99E meeting. . meeting be adjourned. The motion passed unanimously. at 8:10 p.m. KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, February 14, 2011 9 City of Woodburn Recreation and Park Board Minutes__, February 8, 2011 • 6:30 p.m. WOODBURN 1. CALL TO ORDER The meeting and was called to order at 6:30 p.m. 2. ROLL CALL Position I Zandi Cox, Member (12/13) Present Position II (Student) vacant Position III Joseph Nicoletti, Board Secretary (12/13) Present Position IV Rosetta Wangerin, Board Chair (12/13) Present Position V Bruce Thomas, Member (12/13) Present Position VI Cheryl Shepherd, Member (12/11) Present Position VII vacant 3. APPROVAL OF MINUTES FROM December 14, 2010 Joseph Nicoletti / Zandi Cox - Motion to accept the minutes as written. The motion passed unanimously. 4. BUSINESS FROM AUDIENCE None. 5. OLD BUSINESS Aquatic Center Update Jim gave a brief history on why the City enlisted the services of Swim Essentials, Inc. and their principal, J.P. Moss. The Woodburn Aquatic Center Analysis, which was completed in September 2010, identified many operational deficiencies which led to the City Administrator signing an agreement with J.P. Moss, Swim Essentials, Inc. Jim reported that $680,000 was spent last budget year on the Aquatic Center with 480,000 being subsidized through the city budget. Jim reinforced that the goal is to preserve and ensure quality programs and staff. Keenan, Interim Manager, had been looking at staffing levels and found the need to hire more staff. She is holding a life guard training this weekend with 16 people participating. Jim reported that during their early analysis, Swim Essentials determined that fee increases and restructuring of the fee schedule was necessary to maximize revenue generation. So, on February 24 a new fee schedule will be in effect. Some changes are; increased daily admission, elimination the annual 3 month pass and non - resident fees, increasing the "honored citizen" age from 55 to 60 and changing the "adult" fee age to 19 rather than 18. To ensure patrons who cannot afford the fee increases, the scholarship program has been expanded. Sponsors are also being sought to provide funds for the Help - A -Kid Program which will enable low income youth to participate in aquatic programming. The new plan also provides more lap and recreational swim times while adding more dynamic programming. While monitoring the finances, Jim found $11,000 was saved in January. Discussion took place addressing current patron concerns brought to Rosetta's attention this last month. Jim wanted everyone to realize that the changes being made to the Page 1 of 4 C.1 City of Woodburn _t,... Recreation and Park Board Minutes__ February 8, 2011 • 6:30 p.m. WOODBURN Aquatic Center operations are not intended to make patrons feel uncomfortable and unwanted. They are being made to maximize efficiency that in turn will generate revenue. The Board stressed that customer service and a positive experience would be critical to the success of the Aquatic Center. The Board felt there needed to be a clear process for patrons to give feedback and suggestions. The consensus was to place a suggestion box on the front counter and post the manager /lead staff weekly work schedule for patron's convenience. They also suggested staff having a log book to record patron's comments and feedback. Jim asked that people please be patient and assured the Board that he would pass their comments on to the consultant. He stated that Focus Groups will soon be developed which would be an avenue for feedback and that customer service training is part of the plan. On February 28 JP Moss will give a presentation to the City Council and Jim invited the Board to attend. 6. NEW BUSINESS None. 7. DIVISION REPORTS FROM THE DEPARTMENT Aquatics — no report was given. Recreation — Stu Spence Youth Sports — Youth Basketball in full swing with 230 kids participating. Adult Sports — Men's League is in mid - season with 21 teams. New spring league adult basketball is planned March — May due to high demand. Daddy Daughter Dinner Dance — Woodburn first Daddy, Daughter, Dinner and Dance will take place this Saturday at Wellspring. This formal event includes dinner, dessert, dancing, keepsake photos and has a Valentine's theme and will be a great evening out for all dads, uncles, grandpas and their significant other. This activity is for girls in Kindergarten — 6 th grade, and the cost is $25.00 a couple and $12.00 for each extra person. Woodburn Reads — Woodburn Reads! is a community -wide initiative that began in 2009 with a group of local stake holders that wanted to impact Woodburn's early literacy deficiencies. This year we are having a Five Million Page Challenge involving schools, city staff, Chamber members and Woodburn Public Library. Active Adult Trips — These active adult trips remain very popular. I took 14 to Elephant Deli in Portland for lunch. Other trips this season include; Jonathan's in Salem, Dan & Louis Oyster Bar, STOMP and more. Weed and Seed — Michele and I will be attending a national Neighborhood Works Institute in Los Angeles that will focus on neighborhood revitalization, youth engagement, community empowerment. Boys and Girls Club — about 40 kids in attendance daily. Steering Committee is meeting next week. All day child care for $1.00 is offered on non - school days for After School Club attendees at the Four Square Church. Fundraising has made it possible for 17 kids to attend Washington School After School Club. In April they will start the It Just Takes One campaign. The Boys and Girls Club will give a presentation at the February 14 City Council meeting. Page 2 of 4 7 City of Woodburn Recreation and Park Board Minutes__, February 8, 2011 • 6:30 p.m. WOODBUR N Discussion took place on baseball and soccer summer tournaments, annual sports agreements, concession stand use and park vendor's seasonal permits. Parks and Facilities — Jim Row Mill Creek Greenway — Jim reported that the wooden bridges and about 50 feet of trail were complete. The observation deck and trail around the pond would be completed in the spring. Centennial Park — The construction contract ended, but still includes landscape maintenance until the end of May. Discussion took place on the storm drain system and pump failure that took place in December. Out and About Activity Guide — The Out and About Activity Guide and the Administration's Quarterly Newsletter will now be combined, translated and distributed on a quarterly basis. 8. FUTURE BOARD BUSINESS Annual Workshop Discussion took place on the tentative date and time for the annual workshop. The decision was made to have the meeting on March 8 starting at 5:30pm. 9. BOARD COMMENTS Brace Thomas • Stated that 60 users were now in the Dog Park Face Book. • There is a high demand for basketball courts in Woodburn. He stated that when the Skate Park was built, the existing basketball courts were removed and it was understood that they were to be replaced. As this was never completed, he would like them replaced in Settlemier Park. He would also like to see basketball courts, a dog park and tennis courts at Legion Park. • Concern with kids playing soccer in the tennis courts. Jim agreed that this was problematic. • Asked when the budget process was starting and wanted Jim to request money for needed basketball courts in the city parks. • Asked if First Street was going to be closed for vendors during Music in the Park. Jim stated that he remembered access to electricity was the issue. He needed to meet with the Woodburn Chamber on the plans for the Summer Market at the Plaza. • Asked about what planned activities there were for the Plaza this summer. Jim stated that besides the usual annual events, he had contacted the Aztec Dancers and they might practice there every Friday. Discussion took place on the importance of monitoring the sound level at activities. Joseph Nicoletti • Asked the progress of the two Wyffles Park project grants. Jim stated that he was waiting to hear from ODOT on the trails grant and the Land Water Conservation Grant was still being reviewed by the National Parks. He was recently informed that they were requiring the city to provide an actual boundary map of Settlemier Park Page 3 of 4 L-11 City of Woodburn Recreation and Park Board Minutes February 8, 2011 • 6:30 p.m. WOObBURN before proceeding. He stated that he is working with public works to resolve this issue and hopes that it will be resolved before the end of spring. • Suggested another tour of the city parks for newly appointed and current Board members. It was agreed to plan a field trip in March before the annual workshop. Z,andi Cox • Stated the need for restrooms at city sponsored events at the Downtown Plaza. Jim assured her that restrooms are provided for all day city sponsored events but not at small seasonal activities that run 1 -2 hours. • Suggested Family Rates be considered for all recreation activities. 10. ADJOURNMENT Adjournment was 8:15pm Joseph Nicoletti, Board Secretary Date Paulette Zastoupil, Recording Secretary Date Page 4 of 4 9 2/23/2011 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU DECEMBER 2011 CHARGE DESCRIPTION Total Jan AGGRAVATED ASSAULT 7 7 ANIMAL ORDINANCES 1 1 ASSAULT SIMPLE 5 5 BURGLARY - RESIDENCE 4 4 CHILD NEGLECT 1 1 CUSTODY -DETOX 1 1 CUSTODY - MENTAL 3 3 DISORDERLY CONDUCT 3 3 DRIVING UNDER INFLUENCE 5 5 DRUG LAW VIOLATIONS 3 3 DWS /REVOKED - FELONY 1 1 DWS /REVOKED- MISDEMEANOR 2 2 EMBEZZLEMENT 1 1 FAIL TO DISPLAY OPERATORS LICENSE 4 4 FORGERY /COUNTERFEITING 3 3 FUGITIVE ARREST FOR ANOTHER AGENCY 16 16 FURNISHING 2 2 HIT AND RUN - MISDEMEANOR 2 2 INTIMIDATION /OTHER CRIMINAL THREAT 4 4 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 2 2 MINOR IN POSSESSION 11 11 OTHER 6 6 ROBBERY -OTHER 1 1 RUNAWAY 1 1 EX CRIME - CONTRIBUTE TO SEX DELINQUENCY 2 2 EX CRIME - FORCIBLE SODOMY 1 1 EX CRIME - MOLEST (PHYSICAL) 2 2 EX CRIME - OTHER 1 1 HEFT - BUILDING 1 1 HEFT - OTHER 4 4 HEFT - SHOPLIFT 8 8 TRAFFIC VIOLATIONS 1 1 TRESPASS 5 5 VANDALISM 2 2 ARRANT ARREST FOR OUR AGENCY 5 5 WEAPON - CARRY CONCEALED 1 1 Jan 2011 Total 122 122 2010 Total 142 142 2009 Total 136 136 160 140 120 y 100 N w 80 Q 60 40 20 0 Arrests / Year 10 Page 1 of 1 2009 2010 2011 Year 2/23/2011 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU DECEMBER 2011 CHARGE DESCRIPTION Total an AGGRAVATED ASSAULT 5 5 ANIMAL ORDINANCES 2 2 ARSON 1 1 ASSAULT SIMPLE 7 7 ATTEMPTED MURDER 1 1 BURGLARY - BUSINESS 2 2 BURGLARY - RESIDENCE 7 7 CHILD NEGLECT 1 1 CRIME DAMAGE -NO VANDALISM OR ARSON 9 9 CUSTODY -DETOX 1 1 CUSTODY - MENTAL 3 3 DISORDERLY CONDUCT 1 1 DRIVING UNDER INFLUENCE 5 5 DRUG LAW VIOLATIONS 2 2 DWS /REVOKED - FELONY 1 1 DWS /REVOKED - MISDEMEANOR 2 2 EMBEZZLEMENT 1 1 FAIL TO DISPLAY OPERATORS LICENSE 4 4 FORGERY /COUNTERFEITING 4 4 FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE 4 4 FRAUD - OF SERVICES /FALSE PRETENSES 1 1 FUGITIVE ARREST FOR ANOTHER AGENCY 13 13 FURNISHING 2 2 HIT AND RUN - MISDEMEANOR 11 11 IDENTITY THEFT 3 3 INTIMIDATION /OTHER CRIMINAL THREAT 1 1 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 2 2 MINOR IN POSSESSION 4 4 MISCELLANEOUS 8 8 MOTOR VEHICLE THEFT 4 4 OTHER 6 6 PROPERTY - FOUND LOST MISLAID 1 1 RESTRAINING ORDER VIOLATION 1 1 ROBBERY - OTHER 1 1 ROBBERY - RESIDENCE 1 1 RUNAWAY 2 2 SEX CRIME - FORCIBLE SODOMY 1 1 SEX CRIME - MOLEST (PHYSICAL) 4 4 HEFT - BUILDING 2 2 HEFT - FROM MOTOR VEHICLE 10 10 HEFT - MOTOR VEHICLE PARTS /ACCESSORIES 3 3 HEFT - OTHER 5 5 HEFT - SHOPLIFT 5 5 TRAFFIC VIOLATIONS 1 1 TRESPASS 3 3 VANDALISM 30 30 VEHICLE RECOVERD FOR OTHER AGENCY 1 1 ARRANT ARREST FOR OUR AGENCY 5 5 WEAPON - CARRY CONCEALED 1 1 WEAPON - POSSESS ILLEGAL 1 1 Total Jan 2011 Total 196 196 2010 Total 321 321 2009 Total 271 276 Page 1 of 2 2/23/2011 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU DECEMBER 2011 350 300 250 200 150 100 50 Offenses / Year 12 Page 2 of 2 2009 2010 2011 YEAR W UU UB �UJI N AY4^4� Wff February 28, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Liquor License Change of Ownership - Full On- Premises Sales RECOMMENDATION The Woodburn City Council recommends that the OLCC approve a Liquor License Change of Ownership - Full On- Premises Sales application for Chu's Eatery II. BACKGROUND Applicant: Chu, Annie 16633 NE Schuyler Court Portland, Or. 97230 503 - 254 -3959 (H m ) 503 - 667 -2487 (Wk) Chu, Peter C.L. 16633 Schuyler Court Portland, Or. 97230 503 - 254 -3959 (H m ) 503 - 667 -2487 (Wk) Gin, Kenny K. 3929 SE 52nd Ave. Portland, Or. 97206 503 -771 -7643 (Hm) 503 - 982 -2487 (Wk) Business: Chu's Eatery II 1390 N. Pacific Hwy. Woodburn, OR. 97071 503 - 667 -2487 (Wk) 503 -661 -8760 ( Fax) Agenda Item Review: City Administrator _x_ City Attorney _x Finance _x 13 OLCC Liquor License Change of Ownership - Chu's Eatery II February 28, 2011 Page 2 Owners: Peter Chu (See above under "Applicant ") License Type: Liquor License Change of Ownership - Full On- Premises Sales, which allows for the sale and service of distilled spirits, malt beverages and wine for consumption n the licensed premises. On January 27, 201 1, the Woodburn Police Department received a new application requesting approval for a Change of Ownership and Full On- Premises Sales for Chu's Eatery II located at 139 N .Pacific Hwy, Woodburn, Oregon. This location was The Eldorado which possesses a Full On- Premises Sales License through the Oregon Liquor Control Commission. The business will be open Tuesday through Sunday. Tuesday through Thursday the hours of operation will be 11:00 a.m. to 2:00 a.m.. On Friday and Saturday the hours of operation will be 11:00 a.m. to 2:00 a.m. Sunday the business will be open from 11:00 a.m. to 1:OOa.m. This is an establishment which will serve distilled spirits, malt beverages, wine and cider beverages as well as hot food in a restaurant type setting. There will be recorded and disc jockey music, karaoke, video lottery games, coin operated games and dancing. The Police Department has received no communication from the public or surrounding businesses in support of, or against this change. DISCUSSION The Police Department has completed a background investigation, in connection with the OLCC, on the applicants and found nothing of a questionable nature, which would preclude the issuance of this license. Mr. Chu has been a long time owner of this business and is taking over operations once again. There have been past public safety issues related to alcohol sales at this location under his ownership. However, there is nothing in the record that would preclude recommending his licensure under State Law or Council Policy. In an effort to maintain future compliance an OLCC Licensee Compliance Plan was developed by the Woodburn Police Department, discussed with the Owner, and signed by both parties. FINANCIAL IMPACT There is no financial impact. 14 J ra1U OREGON LIQUOR CONTROL COM610910114 LIQUOR LICENSE APPLICATION LICENSE TYPES ACTIONS If Full On- Premises Sales ($402.60 /yr) XChange Ownership Commercial Establishment ❑ New Outlet ❑ Caterer ❑ Greater Privilege ❑ Passenger Carrier ❑ Add' ' I P 'vilege ❑ Other Public Location J El Private Club n ❑ Limited On- Premises Sales ($202.60/yr) ❑ Off- Premises Sales ($100 /yr) ❑ with Fuel Pumps • Brewery Public House ($252.60) • Winery ($250 /yr) ❑ Other: 90-DAY AUTHORITY Check here 'rf you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off- Premises Sales license and are requesting a 90 -Day Temporary Authority APPLYING AS: (3Limited )Q Corporation ❑ Limited Liability ❑ Individuals Partnership Company JAN 11 2011 l i- X36 q �Ico CITY AND COUNTY USE ONLY Date application - received: The City Council or County Commission: (name of city or county) recommends that this license be: ❑ Granted ❑ Denied By: (signature) (date) Name: Title: 90-day 1. Entity or Individuals aDDivinq for the license: [See SECTION 1 of the Guide] 2. Trade Name (dba): 3. Business Location: 3 h� • °- L t'"� W r� (number, street, rural route) ( ) (county) OLCC USE ONLY lop Rec'd by l L�� U .L ■ , , oP,- 4 1 - 7 0 (state) (ZIP code) 4. Business Mailing Address: ( Z 11 0 5a t w_' L �;Lv' EOWe+,4 , 012- q'jo23 (PO box, number, street, rural route) (City) (state) (ZIP code) 5. Business Numbers: Sb3� 6G7 — 7 5� 66l -760 (Phi (fax) 6. Is ti; w btis Ness at this location currently licensed by OLCC? Yes ❑No 7. If yes to whom: E 'dnr - ajd ,8 . L t- C Type of License: PP t. Pt i�' 8. Former Business Name: E J ay rc., 4 9. Will you have a manager? 'k,Yes ❑No Name: (marAger must fill out an Individual History form) 10. What is the local governing body where your business is located? 16 &t4"- .'rrrti 'I', (name of city or county)3 11. Contact person for this application: pe ark G -5W) 6Z7'�t} q7 7 ,5 1 7110 SE �ot�rel,L- RAY •, AQ DW. 66 -976 � ccdt�a p i Comet (address) (fax number) (e-maN address) I understand that if my answers are not true and complete, the OLCC m dony my license application. Applicant s) Si nature AECEIVED s) and Date: t0 Date 0 OREGON LIQUOR CONTROL C0MMIS t; 0 Date -2 ® JAN 2 5 2011 Date 1- 800 - 452 -OLCC (6522) • www.orepn.gov /olec (fev . OrlM) 15 SALEM REGIONAL OFFICE OREGON LIQUOR CONTROL COMMISSION INDIVIDUAL HISTORY' PLEASE PRINT OR TYPE YOU MUST ANSWER ALL QUESTIONS ON THIS FORM. IF THE QUESTION DOES NOT APPLY, WRITE N/A IN THE SPACE. ATTACH ADDITIONAL SHEETS IF NECESSARY. Trade Name (d.b.a. bb C � ^,' s— City: 1. Name: C+kj1 l��'► N E (last) (first) (middle) 2. Other names used (ma other): 3. Residence Address: �63� N �� � 3L ( Z IP code) (number and street) (city) (state) 4. Home Phone:( ) a Business Phone:( 6 3 5. *SSN: 5 I - L 1 - Place of Birth: M ` "�t� DOB : 3 / 0 Sex: M F (State /Country) (mm) (dd) (yyyy) 6. Driver License or State ID #: 3[08 State: 11 9 8 - - Spouse's name: 7. List all states, other than Oregon, where you have lived during the past ten years: NekF -z 8. Do you currently hold, or have you ever held a II license Ill this gr any other stare? ,Yes No If yes, when, where and name of premises? f q87 � � C A , °s �a y r 9. In the past twelve years, have you been convicted of anv violation, misdemeanor or felony? Yes ANo If yes, what, when and where? 10. Have you ever entered into a diversion agreement? _Yes _No If yes, when and where? 11. Do you have any arrests or citations that have not been resolved? Yes J XNo If yes, arrested /cited for: Date County /City /State/ 12. If you are applying for a retail liquor license: fro a. Do you have any financial interest, direct or indirect, in any manufacturer or distributor of alcohol? _Yes �' No If yes, what and where: b. Does any person having a financial or ownership interest in a manufacturer or distributor have an interest in, or poten ' 1 claim upon your business or premises, for instance through investment, a loan, lease or contract? _Yes Vj No If yes, who? 13. Have you ever had a warning, violation, s spension, fine, cancellation or refusal as a licensee or service permittee, in Oregon or any other state? Yes No If yes, when: where: I UNDERSTAND THE OLCC MY ANSWERS ARE NOT TF Applicant Signature: ABOVE INFORMATION TO CHECK FOR CRIMINAL RECORDS. I UNDERSTAND IF .ETE. THE OLCC MAY DENY MY LICENSE APPLICATION. Date: l ` 2 — r I •SOCIAL SECURITY NUMBER DISCLOSURE As part of your application for an initial or renewal license, Federal and State laws require you to provide your Social Security Number (SSN) to the Oregon Liquor Control Commission (OLCC) for child support enforcement purposes (42 USC § 666(a)(13) & ORS 25.785). The OLCC will refuse a license to any applicant or licensee who fails to provide his/her SSN. Your SSN will be used only for child support enforcement purposes unless you sign below. Based on our authority under ORS 471.311 and OAR 845 - 005 - 0312(6), we are requesting your voluntary consent to use your SSN for the following administrative purposes only: to match your license application to your Alcohol Server Education records (where applicable), and to ensure your identity for criminal records checks. OLCC will not deny you any rights, benefits or privileges otherwise provided by law if you do not consent to use of your SSN for the ad ve purposes (5 USC § 552(a)). If you consent to these uses, please sign here: Applicant Signature: .� Date: r` — t 1- 800 - 452 -OLCC (6522) rev. 12/07) www.oregon.gov /olcc 4 5 1 0 0 1 Al 16 ��- a36q OREGON LIQUOR CONTROL COMMISSION INDIVIDUAL HISTORY PLEASE PRINT OR TYPE YOU MUST ANSWER ALL QUESTIONS ON THIS FORM. IF THE QUESTION DOES NOT APPLY, WRITE N/A IN THE SPA ATTACH ADDITIONAL SHEETS IF NECESSARY. Trade Name (d.b.a.):— r 1. Name: (last) (first) (middle) 2. Other names used (maiden, other): 3. Residence Address: C C (state) (ZIP code) (number and street) (city) ' �; S — j G� Business Phone 5 ) LZ" 4. Home Phone:( ) c2 9.2 _ r Place of Birth: C- � 4,4 DOB: d /� Sex: M t� F 5. *SSN: ( mm) (dd) (YYYy) II'' (State /Country) ( r�N f t✓ 6. Driver License or State ID #: _ kg 1 2-� _47 State: ©lQ Spouse's name: 7. List all states, other than Oregon, where you have lived during the past ten years: aN'� 8. Do you currently hold, or have you ever held a liq uor license in thi or any other state? Yes Nou. If yes, when, where and name of premises? 9. In the past twelve years, have you been convicted of aW violation, misdemeanor or felony? Yes K No If yes, what, when and where? 10. Have you ever entered into a diversion agreement? _Yes K No If yes, when and where? 11. Do you have any arrests or citations that have not been resolved? = Yes .V—NNo If yes, arrested /cited for: Date County /City/State/ 12. If you are applying for a retail liquor license: gL9 a. Do you have any financial interest, direct or indirect, in any manufacturer or distributor of alcohol? Yes _, No If yes, what and where: b. Does any person having a financial or ownership interest in a manufacturer or distributor have an interest in, or potential claim upon your business or premises, for instance through investment, a loan, lease or contract? _YesNo if yes, who? 13. Have you ever had a warning, violation, suspension, fine, cancellation or refusal as a licensee or service permittee, in Oregon or any other state? Yes 'XNo If yes, when: where: I UNDERSTAND THE OLCC WILL MY ANSWERS ARE NOT TRUE A) Applicant Signature: THE ABOVE INFORMATION TO CHECK FOR CRIMINAL RECORDS. I UNDERSTAND IF )M PLETE,AHE CC MAY DENY MY LICENSE APPLICATION. Date• _ C 'SOCIAL SECURITY NUMBER DISCLOSURE As part of your application for an initial or renewal license, Federal and State laws require you to provide your Social Security Number (SSN) to the Oregon Liquor Control Commission (OLCC) for child support enforcement purposes (42 USC § 666(ax13) & ORS 25.785). The OLCC will refuse a license to any applicant or licensee who fails to provide his/her SSN. Your SSN will be used only for child support enforcement purposes unless you sign below. Based on our authority under ORS 471.311 and OAR 845- 005 - 0312(6), we are requesting your voluntary consent to use your SSN for the following administrative purposes only: to match your license application to your Alcohol Server Education records (where applicable), and to ensure your identity for criminal records checks. OLCC will not deny you any rights, be ne or nsent to the Uses, please slid by law if you do not consent to use of your SSN for these at"'nistrAtive purpose (5 UhC § 552(a)). y co Applicant Signature: imnn'mi Date: it - -" 1 1- 800 - 452 -OLCC (6522) www.oregon.gov /olcc 17 (rev. 12/07) 11- ?36q I@ OREGON LIQUOR CONTROL COMMISSION INDIVIDUAL HISTORY PLEASE PRINT OR TYPE YOU MUST ANSWER ALL QUESTIONS ON THIS FORM. IF THE QUESTION DOES NOT APPLY, WRITE N/A IN THE SPACE. ATTACH ADDITIONAL SHEETS IF NEC ESSARY. / Trade Name (d.b.a.): tA` L�� I er' City: oto 4_6 6k h 1. Name: r 77 JkA n kt (last) 2. Other names used (maiden, other): 3. Residence Address: (middle) (number and street)) (city) (state) (ZIP code) 4. Home Phone:( ) - 771 "24 L ( � Business Phone:( 5. *SSN: - - ° I Place of Birth: P01 41GWL OP DOB: /� Sex: M_)_�_ F (State /Country) �} (mm) (dd) (yyyy) 6. Driver License or State ID #: ZA Ky 1 State: L ►"-' Spouse's name: ill l/q 7. List all states, other than Oregon, where you have lived during the past ten years: 8. Do you currently hold, or have you ever held a liquor license in this or any other state? If yes, when, where and name of premises? 9. In the past twelve years, have you been convicted of ,ii111t'. violation, misdemeanor or felony? _Yes ") No If yes, what, when and where? 10. Have you ever entered into a diversion agreement? _Yes A No If yes, when and where ?, 11. Do you have any arrests or citations that have not been resolved? _Yes 7 No If yes, arrested /cited for: Date County /City /State/ 12. If you are applying for a retail liquor license: I� p. a. Do you have any financial interest, direct or indirect, in any manufacturer or distributor of alcohol? — Yes./ No If yes, what and where: b. Does any person having a financial or ownership interest in a manufacturer or distributor have an interest in, or potentia claim upon your business or premises, for instance through investment, a loan, lease or contract? _Yes No If yes, who? 13. Have you ever had a warning, violation, suspension, fine, cancellation or refusal as a licensee or service permittee, in Oregon or any other state? _Yes -,&.No If yes, when: where: I UNDERSTAND THE OLCC WILL USE THE ABOVE INFORMATION TO CHECK FOR CRIMINAL RECORDS. I UNDERSTAND IF MY ANSWERS ARE NOT TRUE AND COMPLETE, THE OLCC MAY DENY MY LICENSE APPLICATION. Applicant Signature: `�G��I�Ir Date: A I i kil / i *SOCIAL SECURITY NUMBER DISCLOSURE As part of your application for an initial or renewal license, Federal and State laws require you to provide your Social Security Number (SSN) to the Oregon Liquor Control Commission (OLCC) for child support enforcement purposes (42 USC § 666(a)(13) & ORS 25.785). The OLCC will refuse a license to any applicant or licensee who fails to provide his/her SSN. Your SSN will be used only for child support enforcement purposes unless you sign below. Based on our authority under ORS 471.311 and OAR 845- 005 - 0312(6), we are requesting your voluntary consent to use your SSN for the following administrative purposes only: to match your license application to your Alcohol Server Education records (where applicable), and to ensure your identity for criminal records checks. OLCC will not deny you any rights, benefits or privileges otherwise provided by law if you do not consent to use of your SSN for these administrative ^ - purposes (5 USC § 552(a)). If you consent to these uses, please sign here: Applicant Signature: �✓ f�: �s Date: 0111"I _Yes Y No 1- 800 - 452 -OLCC (6522) www.oregon.gov /olcc (rev. 12/07) 11111 18 II — 936q ' OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Please Print or Type �-T c y Applicant Name C.k -1-64 . Phone: Trade Name (dba): cwtt Business Location Address: D �`t • C y G City: ZIP Code: 27o7l Business Hours: Sunday t I A-M to f�M. Monday to Tuesday a to Wednesday 11 dM to Thursday II 11 to OM Friday I I to 2 AM Saturday tift to 2-- Seasonal Variations: ❑ Yes 0 Live Music ® Recorded Music ® DJ Music ® Dancing ❑ Nude Entertainers Outdoor Area Hours: Sunday to Monday o Tuesday to Wednesday Thursday E� 7ttoo Friday Saturday to Wrea is adequately viewed and/or by Service Permittees. (Investigator's Initials) g No If yes, explain: — Check all that apply: IS Karaoke ® Coin - operated Games ® Vtdeo Lottery Machines ❑ Social Gaming ❑ Pool Tables ❑ Other: Sunday n/Y to IAW Monday to Tuesday to Wednesday to Thursday to Friday 9 PH to Z A - --�-�- M. Saturday to I- Restaurant: `7° Outd o : Lounge: 1,0 Other (e lain : Banquet: S Total Seating: q xf) The outdoor area is used OLCC USE ONLY Investigator Verified Seating:_(Y) _(N) Investigator Initials: Date: — I understand if my answers are no ue nd compl te, the OLCC may deny my license application. Applicant Signature: Date: 1- 800 - 452 -OLCC (6522) www.oregon.gov/okc (rev. 12/07) 19 • OREGON LIQUOR CONTROL COMMISSION FLOOR PLAN • Your floor elan must I submitted on this form. • Use a separate Floor Plan Form for each level or floor of the building. • Applicants must provide a sketch that shows the specific area of the premises (e.g. dining area, bar, lounge, kitchen and restrooms). Full On- Premises (commercial establishments) applicants must also show dining tables. See example on back. �'t IN 1 L, �a s a ! A t ! n -. ._._._.. f f; Q'. - _.Q �-� A. mss; • t � f 4 S• , , f a s_ _ 4.. 7 _ A r y x - .. > 4e t 3 0 ly S _. ..........OLCC USE ONLY.......... Appii nt Name MINOR POSTING ASSIGNMENT(S) IUS L QD TradZ� �� Initials:_ Date: i City and ZIP Code 1- 800 - 452 -OLCC (6522) www.oregon.govIOICC (rev. 12/07) 20 City of Woodburn OLCC Licensee Compliance Plan Licensee: Peter C.L. Chu Business: Chu's Eatery II 1390 N. Pacific Hwy. Woodburn, Oregon 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 Establishment: 1. No alcoholic beverages will be sold prior to 7:OOAM, nor after 2:30AM. 2. Licensee will require all employees to attend and complete an alcohol server's 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. 3. The Licensee will post 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 rule such as: Minors attempting entrance into the lounge area or visibly intoxicated persons attempting entrance into the lounge area. 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 21 6. Any patrons observed or engaged in minor arguments or disturba barred by the Licensee for a period of at least six months. 7. The Licensee will constantly monitor restroom for illegal activity and excessive or suspicious use. 8. The Licensee will not serve any patron who shows signs of visible intoxication for the remainder of the day. If another patron is observed passing alcoholic beverages to the visibly intoxicated person (VIP), that patron will not be served for the remainder of the day either. 9. The designated manager or owner will be on premises during all business hours 10. For special private functions or parties, the Licensee shall provide written notice to Chief of Police seven days in advance. 11. The Woodburn Police Department agrees to assist the Licensee in enforcing rules and exclusions as outlined in this action plan. 12. The Woodburn Police Department reserves the right to amend this compliance plan as needed. Licensee/Date: Chief of Police /Date: 22 W UU UB �UJI N AY4^4� Wff'% February 28, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Liquor License Application for New Outlet - Off - Premises Sales RECOMMENDATION The Woodburn City Council recommends that the OLCC approve a New Outlet - Off - Premises Sales Liquor License Application for Walgreens # 12095. BACKGROUND Applicant: Jeff Ray Biesenthal 4152 NE 1 1 th Way Gresham, OR. 97030 503 -929 -4176 (HM) 847 - 527 -4606 (Store) 847 - 368 -6691 (Corporate) Business: Walgreens # 12095 1000 N. Evergreen Rd. Woodburn, OR. 97071 847 - 368 -4606 (Store) Owners: Walgreen Corporation 300 Wilmot Road, MS 3301 Deerfield, IL 60015 Contact Person: Eric Lyles (847- 527 -4604) License Type: New Outlet - Off - Premises Sales Agenda Item Review: City Administrator _x City Attorney _x Finance 23 Honorable Mayor and City Council February 28, 2011 Page 2 DISCUSSION On February 7, 2011 the Woodburn Police Department received an application requesting approval for a New Outlet - Off - Premises Sales of alcohol for Walgreens #12095 located at 1000 N. Evergreen Road, Woodburn, Oregon. This business is new to the City of Woodburn. The above mentioned applicants are applying for this license through the Oregon Liquor Control Commission. The business will be open daily, Sunday through Saturday, from 8:00 a.m. to 10:00 p.m. This business is a Convenience /Drug store that will service among other products, grocery items to include alcoholic and non - alcoholic beverages for off - premises consumption. These alcoholic beverages are beer, wine and hard cider. No entertainment, dancing, or live music will occur on the premises. The Woodburn Police Department has received no communication from the public or surrounding businesses in support of, or against this location. FINANCIAL IMPACT There is no financial impact. 24 RECEI VE We request for a temporary license OREGON LIQUOR CONTROL COMMIS�f& 7 1011 LIQUOR LICENS APPLICATION LICENSE TYPES ACTIONS • Full On- Premises Sales ($402.60/yr) ❑ Change Ownership ❑ Commercial Establishment ■ New Outlet ❑ Caterer ❑ Greater Privilege ❑ Passenger Carrier ❑ Additional Privilege ❑ Other Public Location Other D Private Club r" • Limited On- Premises Sales ($202.60/yr) • Off- Premises Sales ($100/yr) ❑ with Fuel Pumps • Brewery Public House ($252.60) • Winery ($250 /yr) ❑ Other: 90 -DAY AUTHORITY k. Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off- Premises Sales license and are requesting a 90 -Day Temporary Authority APPLYING AS: ❑Limited ■ Corporation ❑ Limited Liability ❑ Individuals Partnership Company Walgreens #12095 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] 10 Walgreen Co. (Master File) OO 2. Trade Name (dba) 1 A 1 LJ FEB 7 2011 Co 1 - a3s - ? ii too CITY AND COUNTY USE ONLY Date application received: I The City Council or County Commission: (name of city or county) recommends that this license be: ❑ Granted ❑ Denied By: (signature) (date) Name: I Title: OLCC USE ONLY Application by: arp ('�b - Date: 90 -day authority: ❑ Yes ❑ No 3. Business Location: 1000 N. Evergreen Rd. Woodburn Marion (number, street, rural route) (city) (county) 4. Business Mailing Address: PO Box 901, Attn: Eric Lyles Deerfield (PO box, number, street, rural route) 5. Business Numbers: Store: Pending Installation corporate: 847 - 527 -4604 (phone) 6. Is the business at this location currently licensed by OLCC? ❑Yes (fax) ■No 7. If yes to whom NA Type of License: NA 8. Former Business Name: NA 9. Will you have a manager? ■Yes ❑No Name: Jeff Bisenthal (manager must fill out an Individual History form) 10. What is the local governing body where your business is located? Woodburn (name of city or county) 11. Contact person for this application: Eric Lyles 847 - 527 -4604 (name) (phone number(s)) 300 Wilmot Road, MS 3301, Deerfield, IL 60015 847 - 368 - 6691 eric.lyles @walgreens.com (address) (fax number) R EV G 1 EE) I understand that if my answers are not true and complete, the OLCIORM1611Q�r Applicant(s) Signature(s) and Date: 1 UU T Date 01 /17/2011 O JAN 2 6 2011 Date Margarita " in - Assistant Secretary © _ Date U Date (city) (state) (ziPco(je) Store: Pending Installation Corporate: 847- 368 -6691 OR 97071 (state) Illinois (ZIP code) 60015 1- 800- 452 -OLCC (6522) • www.oregon.gov /olcc R EGIONAL OFFICE (rev 08I2009) 25 11-2-358 OREGON LIQUOR CONTROL OM SSI ge INDIVIDUAL HISTORY PLEASE PRINT OR TYPE YOU MUST ANSWER ALL QUESTIONS ON THIS FORM. IF THE QUESTION DOES NOT APPLY, WRITE N/A IN THE SPACE. ATTACH ADDITIONAL SHEETS IF NECESSARY. Trade Name (d.b.a.): Walgreens #12095 City: Woodburn 1. Name: Biesenthal Jeff I R f1 t,. (last) (first) 2. Other names used (maiden, other): 3. Residence Address: (number and street) - (city) (state) 4. Home Phone:( D 3 _ ) I 29 - q / ?(P Business Phone: (ZIP code) 5. Place of Birth: � ZIL ;noiS Z 554 DOB: 0 3 / _ 9 / 147/ Sex: MX, F (State /Country) (mm) (dd) (yyyy) 6. Driver License or State ID #: Iq 9 D 5 Q State Spouse's name: 7. List all states, other than Oregon, where you have lived during the past ten years: X 4015 8. Do you currently hold, or have you ever held a liquor license in this or any other state? Y Yes _No If yes, when, where and name of premises ? L2d1 rsse5A V5TI22S29 hi �-zln&A 5k R21A.AA 9. In the past twelve years, have you been If yes, what, when and where? 10. Have you ever entered into a diversion agreement? Yes -,y No If yes, when and where? 11. Do you have any arrests or citations that have not been resolved? _Yes XNo If yes, arrested /cited for: Date County /City/State/ 12. If you are applying for a retail liquor license: a. Do you have any financial interest, direct or indirect, in any manufacturer or distributor of alcohol? _Yes K-No If yes, what and where: b. Does any person having a financial or ownership interest in a manufacturer or distributor have an interest in, or potential claim upon your business or premises, for instance through investment, a loan, lease or contract? _Yes 9 No If yes, who? 13. Have you ever had a warning, violation, suspension, fine, cancellation or refusal as a licensee or service permittee, in Oregon or any other state? _Yes _X-No If yes, when: where: I UNDERSTAND THE OLCC WILL USE THE ABOVE INFORMATION TO CHECK FOR CRIMINAL RECORDS. I UNDERSTAND IF MY ANSWERS ARE NOT "UE/41YD COMPLf,TE, TJAE QLCC MAY DENY/IY LICENSE APPLICATION. Applicant Signature: Date / — / 9 — / *SOCIAL SECURITY NUR EAPISCVSURE As part of your application for an initial or renewal license, Federal and State laws require you to provide your Social Security Number (SSN) to the Oregon Liquor Control Commission (OLCC) for child support enforcement purposes (42 USC § 666(a)(13) & ORS 25.785). The OLCC will refuse a license to any applicant or licensee who fails to provide his /her SSN. Your SSN will be used only for child support enforcement purposes unless you sign below. Based on our authority under ORS 471.311 and OAR 845- 005 - 0312(6), we are requesting your voluntary consent to use your SSN for the following administrative purposes only: to match your license application to your Alcohol Server Education records (where applicable), and to ensure your identity for criminal cords checks. OLCC will not deny you any ri h nefits or privileges otherwise provided by law if you do not consent to use of your SSN fo th se ad�nistrative giyposeA5 USC §, 52 u consent to these uses, please sign here: Applicant Signature: I/ U Search Complete 'mm oil' 1- 800 - 452 -OLCC (6522) SAN 2 6 2011 www.oregon.gov/olcc (rev. 12/07) 4 5 1 0 0 1 A 1 INITIALS: 26 of a" violation, misdemeanor or felony? _Yes YNo I I- 2-3sF • OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Please Print or Type Applicant Name: W algreen Co. Phone: 8 47- 527 -4604 Trade Name (dba): W algreens #12095 Business Location Address: 1000 N. Evergreen Rd. City: Woodburn ZIP Code: 9 7071 Seasonal Variations: ■ Yes ❑ No If yes, explain: During the Thanksgiving and Christmas holidays, store #12095 will be open until midnight - Check all that apply: 111 ' • • Business Hours: Outdoor Area Hours: NA The outdoor area is used for: NA Sunday 8AM t 10PM Sunday to ❑ d service Hours: to Monday 8 AM to 10PM Monday to D Ak o service Hours: to Tuesday 8AM to 10PM Tuesday to Wednesday 8AM to 10PM Wednesday to D Enclosed, w Thursday 8AM to 10PM Thursday to The exterior area dequately viewed and /or Friday 8AM to 10PM Friday to supervised by Service mittees. Saturday 8AM to 10PM Saturday to stigator's Initials) Seasonal Variations: ■ Yes ❑ No If yes, explain: During the Thanksgiving and Christmas holidays, store #12095 will be open until midnight 01141III&MANO NA Restaurant: Outdoor: Lounge: Other (explain): Banquet: Total Seating: _ OLCC USE ONLY / Investigator Veriti ting:_(Y) V (N) Investigator Initi Date: 1 1 I understand if my answers are not true and complete, the OLCC may deny my license application. Applicant Signature: Date: 01/17/2011 Margarita Kee 1- 800 - 452 -OLCC (6522) Assistant Secreta www. oregon. gov /o/cc (rev. 12107) 27 - Check all that apply: 111 ' • • NA ❑ Live Music ❑ Karaoke NA ❑ Recorded Music Coin - operated Games unday to day to ❑ DJ Music ❑ Video Lottery Machines Tue to Wedne to ❑ Dancing ❑ Social Gaming Thursday to ❑ ❑ Friday to Nude Entertainers Pool Tables Saturday to ❑ Other: 01141III&MANO NA Restaurant: Outdoor: Lounge: Other (explain): Banquet: Total Seating: _ OLCC USE ONLY / Investigator Veriti ting:_(Y) V (N) Investigator Initi Date: 1 1 I understand if my answers are not true and complete, the OLCC may deny my license application. Applicant Signature: Date: 01/17/2011 Margarita Kee 1- 800 - 452 -OLCC (6522) Assistant Secreta www. oregon. gov /o/cc (rev. 12107) 27 W UU UB �UJI N February 28, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: 2011 OLCC Renewal RECOMMENDATION The Woodburn City Council recommends to the OLCC renewal of Liquor licenses for the listed businesses for the year 2011. BACKGROUND Annually the Police Department reviews activities occurring at or in the vicinity of all licensed liquor establishments in Woodburn. Through the established guidelines and procedures, the City Council ensures equitable and consistent treatment of liquor license applications. The following liquor license applications were reviewed in accordance with the police department standards and are recommended for approval: Off Premises Sales: 7- Eleven Arco Am PM #3527 BI -Mart Corp Crossroads Grocery & Deli Dos Arbolitos Musica Latina EZ Stop Grocery & Deli Harry and David #595 Am PM of Woodburn O'Donnell Enterprises Safeway Store # 1976 Su Casa Imports Wal Mart Supercenter # 1793 Woodburn Grocery Outlet Woodburn Stop N Go A &J Market Berry Good Farms C & M market Chavitas Foods El Rancho Grande Market Gary's Market Imperial Market and Deli La Azteca Pipers Jewelry Sip Wine and Bistro #812 The Bistro at Wellspring Woodburn Fast Serve INC Woodburn Mega Foods Wooden Shoe Tulip Farm Agenda Item Review: City Administrator _x_ City Attorney _x Finance 28 2011 OLCC Renewal Report February 28, 2011 Page 2 Young Street Market Woodburn Stop N Go Full On Premise Sales: Casa Marquez Mexican Grill Cinco De Mayo Taqueria Eagles Lodge #3284 Elmer' Restaurant Lupita's Margaritas Rumor's Bar and Grill The Raven Inn Vitality at Wellspring EL Dorado Denny's At Woodburn Elks Lodge #2637 Los Cabos Mexican Restaurant Mangos OGA Members Course The End Zone Sports Bar /Grill The Sand Trap Bar and Grill Yun Wah Chinese Restaurant Limited On- Premise Sale: 7 Mares Restaurant Cactus Grill Taqueria &Restaurant Los Girsasoles Nuevo Arandas Shari's of Woodburn Taqueria Guadalajara Abby's Pizza Inn of Woodburn DEDE's Deli Mariscos EL Sarandeado Pizza Hut Sip Wine & Bistro Woodburn Bowl DISCUSSION The Police Department has completed a background investigation, in connection with the OLCC, on the businesses and found nothing of a questionable nature, which would preclude the renewal of these licenses. FINANCIAL IMPACT There is no financial impact. 29 W UU UB �UJI N AY4^4- February 28, 2011 TO: Mayor and City Council through City Administrator FROM: Scott D. Russell, Chief of Police fun-1-141 SUBJECT: Intergovernmental Agreement for Regional Automated Information Network (RAIN) RECOMMENDATION Adopt the ordinance entering into the RAIN Consortium for law enforcement information sharing services and authorizing the City Administrator to sign the intergovernmental agreement. BACKGROUND For more than 20 years the Cities of Aumsville, Aurora, Dallas, Dundee, Gervais, Hubbard, Independence, Keizer, Lincoln City, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Silverton, Stayton, Turner, and Woodburn and the Counties of Marion, Polk, and Yamhill, have participated in the sharing of law enforcement data as part of the RAIN Consortium. Over the last few years RAIN has obtained several large federal grants allowing for the upgrade of this information network, for expansion to more agencies, and obtaining the operational support from the Oregon Department of Justice. These increased responsibilities have required the redrafting of the RAIN ORS 190 agreement. DISCUSSION The RAIN consortium operates a COPLINK data warehousing system. RAINLINC, as the system is called, provides active links for all the listed agencies to selected sets of data. Only authorized users are allowed access to the system and they are only allowed access to data that the agency providing the data has authorized. Typically this includes suspect and vehicle information, information about types of crime, suspect patterns, and other identifying information. The system will also link with other areas that also have operational COPLINK nodes; this includes New Mexico, Utah, Washington, and California. On numerous occasions in the past such shared information has provided real help as officers seek to gain information on unknown suspects. In the past Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_ Mayor and City Council February 28, 2011 Page 2 several homicides and serial crimes have been solved by Woodburn Police officers utilizing RAINLINC data. COPLINK is the premier information sharing program in the world and will provide numerous improvements in the former system. The redraft of the ORS 190 agreement will allow for the expected growth as many other agencies seek to join RAIN, and allow the Oregon Department of Justice to operate the system for us while still providing for local control and proper cost allocation and control so that the system is perpetual and yet does not run ahead of agencies ability to pay. An ordinance was used to enter into the agreement since it involves the creation of an intergovernmental entity under state law. Also, an emergency clause was added so that the City can immediately be a part of this new entity and accommodate establishment of the COPLINK system. FINANCIAL IMPACT RAIN fees are allocated in the current Woodburn Police Department Budget and no significant increase is anticipated. 31 COUNCIL BILL NO. 2857 ORDINANCE NO. 2476 AN ORDINANCE ENTERING INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE REGIONAL AUTOMATED INFORMATION NETWORK; AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT; AND DECLARING AN EMERGENCY WHEREAS, the City of Woodburn is a member agency of the Regional Automated Information Network ( "RAIN "), an intergovernmental entity originally formed pursuant to ORS Chapter 190 and since amended at various times, including the addition of new members; and WHEREAS, RAIN consists of the cities of Aumsville, Aurora, Dallas, Dundee, Gervais, Hubbard, Independence, Keizer, Lincoln City, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Silverton, Stayton, Turner, and Woodburn and the Counties of Marion, Polk, and Yamhill ( "the RAIN members "); and WHEREAS, the RAIN members desire to amend and restate the terms and conditions of membership and the provisions of the Intergovernmental Agreement by entry into an Amended and Restated Intergovernmental Agreement for the Regional Automated Information Network ( "Amended and Restated Intergovernmental Agreement "); and WHEREAS, the City of Woodburn is a current member of RAIN and wants to consent to membership in RAIN upon the terms and conditions of the Amended and Restated Intergovernmental Agreement; and being fully advised; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Pursuant to ORS 190.085, the City of Woodburn enters into the Amended and Restated Intergovernmental Agreement and consents to joinder by the cities of Aumsville, Aurora, Dallas, Dundee, Gervais, Hubbard, Independence, Keizer, Lincoln City, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Silverton, Stayton, and Turner, and the counties of Marion, Polk, and Yamhill as RAIN members. Section 2. That the City Administrator is authorized to sign said agreement on behalf of the City. A copy of said agreement in substantially final form is affixed hereto as Attachment "A." Page 1 - COUNCIL BILL NO. 2857 ORDINANCE NO. 2476 32 Section 3. Declaration of Emergency This ordinance being necessary for the immediate preservation of the public peace, health and safety for the reason that the City wants to accommodate the establishment of the COPLINK system, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. 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 2- COUNCIL BILL NO. 2857 ORDINANCE NO. 2476 33 ATTACHMENT Page ._I of U AMENDED AND RESTATED AGREEMENT FOR REGIONAL AUTOMATED INFORMATION NETWORK THIS AMENDMENT TO AGREEMENT REGIONAL AUTOMATED INFORMATION NETWORK is made and entered into by and between the governmental units which have signed this Agreement dated July 1 2009, creating the Regional Automated Information Network (RAIN) as set forth below (hereinafter collectively referred to as "Member Agencies "). The Regional Automated Information Network is an intergovernmental entity formed under O.R.S. 190.010, et seq. This Agreement has been amended at various times since its adoption. The Member Agencies wish to modify the terms and conditions of the Agreement as set forth herein. In consideration of the mutual benefits and obligations as set forth herein, the Member Agencies agree to the following: RECITALS This Agreement is entered into pursuant to ORS 190.010, et seq.; and This Agreement creates an intergovernmental entity known as the Regional Automated Information Network (hereinafter referred to as "RAIN "); and The Member Agencies hereto have a public interest in assuring adequate law enforcement information is available; and The Member Agencies find that the performance of this Agreement is in the best interest of all Member Agencies and that this undertaking will benefit the public; and This Amended and Restated Agreement replaces and supersedes all prior versions and amendments of any RAIN Agreement. AGREEMENT In consideration of the mutual benefits and obligations as set forth herein, the Member Agencies hereby agree as follows: SECTION 1 PURPOSE The Member Agencies hereto intend to jointly share criminal justice information, pool technology resources and streamline information management in order to minimize costs to all. SECTION 2 GENERAL MEMBERSHIP General Membership in RAIN: July 1, 2009 RAIN AGREEMENT Page 1 of 6 0 ATTACHMENT A Page I. of (v 2.1. General Membership shall consist of the following. A. Each Member Agency shall select its voting representative. B. Each Member Agency may appoint an alternate representative. The alternate must declare his /her voting authority at any General Membership meeting. C. The voting representative selected by each Member Agency shall be eligible for election to the Board. 2.2. Meetings: A. Will follow Roberts Rules of Order, Oregon Administrative Rules and the Oregon Revised Statutes unless otherwise noted in this Agreement. B. There shall be at least two (2) meetings of the General Membership each fiscal year. C. Special meetings of the General Membership may be called by the Board Chairperson or by any five (5) members. D. The Chairperson shall preside over all meetings of the General Membership. The Vice - Chairperson (or, in the event the Vice - Chairperson is unavailable, any other Board member as designated by the Chairperson) shall preside over a meeting of the General Membership in the absence of the Chairperson. 2.3. Duties: A. Elect Board members. B. Provide advice and assistance to the Board. C. Adopt an annual budget for RAIN and set the amount of user fees for each Member Agency. D. Ratify new Member Agencies. SECTION 3 GOVERNING BODY A Board of Directors (hereinafter referred to as the "Board ") shall be created pursuant to this Agreement as follows: 3.1. The Board shall be composed as follows: A. The Board shall consist of nine (9) members total, including one Chairperson and one Vice - chairperson. Board members shall be elected from the General Membership, as defined in Section 2 above. A Board member must be a representative of a Member Agency. The Board position is held by the individual and not the Member Agency. B. The Chairperson shall be elected by the Board at the first Board meeting of the fiscal year C. The Vice - Chairperson shall be elected by the Board at the first Board meeting of the fiscal year. 3.2. Terms of Office: A. The term of office for all Board members shall be three (3) years. Three Board members shall be elected each fiscal year. 3.3. Meetings: July 1, 2009 RAIN AGREEMENT Page 2 of 6 35 ATTACHMENT pap .of to A. Will follow Roberts Rules of Order, Oregon Administrative Rules and the Oregon Revised Statutes unless otherwise provided in this Agreement. B. Decisions of the Board shall require the same number of affirmative votes to pass a measure as if the entire Board had been present. C. The Chairperson or three (3) Board members may call other meetings during the fiscal year as deemed necessary. D. The Chairperson shall preside over all meetings. The Vice - Chairperson (or, in the event the Vice - Chairperson is unavailable, any other Board member as designated by the Chairperson) shall preside over a meeting in the absence of the Chairperson. 3.4. Duties: A. The Board shall determine the type of services and equipment necessary for the operation of RAIN. B. The Board shall enter into contracts with any individual, firm or corporation, or agency of government, to acquire equipment, goods, or services for the operation of RAIN. C. The Board shall prepare an annual budget for the expenditure of RAIN funds and present the budget to the General Membership for adoption. The Board shall set the amount of financial participation in the form of user fees for each Member Agency and include this amount in the annual budget. D. The Board shall adopt policies and procedures as necessary for the effective operation of RAIN. SECTION 4 LIMITATION OF LIABILITY 4.1 Each Member Agency is responsible for the accuracy and integrity of their data and computer systems. RAIN assumes no liability for the accuracy of data entered into RAIN's system by its Member Agencies nor for any errors in data transmission. 4.2 Subject to the limitations and conditions set forth in the Oregon Constitution and the Oregon Tort Claims Act, each Member Agency agrees to indemnify, defend, save and hold harmless RAIN, its Board, its officers, its employees and its agents from and against any and all claims, demands, liabilities, damages, expenses, and costs of any kind or nature whatsoever arising out of or connected with any act, error or omission of any person for whose acts such Member Agency may be responsible. 4.3 Pursuant to ORS 190.080(3), the debts, liabilities and obligations of RAIN shall be joint and several among all of the Member Agencies. SECTION 5 TERM AND TERMINATION 5.1 This Agreement shall be effective retroactively to July 1, 2009, and shall continue until terminated as provided in this Section. July 1, 2009 RAIN AGREEMENT rages or o ATTACHMENT pa _ y of Ca 5.2 A Member Agency may voluntarily terminate its participation in this Agreement by giving written notice to RAIN no later than November 1 of any year unless otherwise negotiated and approved in writing by the Board. This Agreement shall terminate as to that Member Agency giving notice on the following June 30. 5.3 Upon written notice by the Board to a Member Agency of its violation of this Agreement or a RAIN policy adopted pursuant to this Agreement, and if the violation is not remedied within sixty (60) days of receiving that written notice, the Member Agency so notified may be terminated involuntarily by a vote of the Board. 5.4 In the event of involuntary termination or voluntary withdrawal by a Member Agency, the Member Agency shall forfeit any payments made to RAIN or its right to payment of its portion of any of RAIN's assets. 5.5 If three - fourths of the Member Agencies vote to dissolve RAIN, the Board shall proceed with dissolution. Any RAIN assets may be distributed to another intergovernmental entity created pursuant to ORS 190.010 et seq. providing similar services. Assets and cash may be distributed in kind or in cash to the then - existing Member Agencies using the same formula that was used for allocation of user fees. Any unexpended grant proceeds or assets subject to grant agreements or conditions shall be distributed in accordance with such grant agreements or conditions. SECTION 6 COMMUNICATIONS AND NOTICE Any notice required or permitted to be given under this Agreement shall be in writing and shall be by personal delivery, by sending via a reputable commercial overnight courier, by mailing using registered or certified United States mail, return receipt requested, postage prepaid, or by electronically confirmed facsimile transmission to the address or facsimile number set forth below. Regional Automated Information Network P.O. Box 21808 Keizer, OR 97307 -1808 Fax: (888) 899 -7968 SECTION 7 ADDITION OF NEW MEMBER AGENCIES Additional government agencies may become parties to this Agreement upon the written approval of the General Membership and by executing this agreement. SECTION 8 AMENDMENTS This Agreement constitutes the complete and integrated understanding of all Member Agencies with respect to the subject matter hereof. It supersedes all prior agreements, July 1, 2009 RAIN AGREEMENT Yage 4 of b 37 ATTACHMENT�_ ftoo-5— Of (D_ negotiations, and representations among the Member Agencies, whether written or oral. This Agreement may be amended only by written amendment signed by three - fourths of the Member Agencies. SECTION 9 USE OF DATA The Member Agencies agree that to the extent permitted by ORS Chapter 192 (Public Reports Law) or any other applicable law, the information or data obtained from RAIN or any Member shall be considered confidential and not for public disclosure. SECTION 10 GENERAL PROVISIONS 10.1 All work product produced in furtherance of this Agreement belongs to the RAIN and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the RAIN. Provider retains no right, ownership or title in any copyright, patent, trademark, proprietary or any other protected intellectual property right resulting from the work under this Agreement. 10.2 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 10.3 If any Section, part or provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such Section, part or provision shall not affect the other Sections, parts or provisions, but such unenforceable Section, part or provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of the Member Agencies set forth in this Agreement. 10.4 None of the parties to this Agreement shall hold the other parties responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 10.5 One or more waivers or failures to object by any Member Agency to any breach, violation, or default of any Section, provision, term, condition or covenant contained in this Agreement shall not be construed or operate as a waiver of any subsequent breach, violation, or default of that or of any other Section, provision, term, condition or covenant. July 1, 2009 RAIN AGREEMENT Page 5 of 6 ATTACHMENT A Page jo — of f'o SECTION 11 COUNTERPARTS This Agreement may be executed in several counterparts, all of which when taken together shall constitute one Agreement binding on all Member Agencies, notwithstanding that all Member Agencies are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. IN WITNESS WHEREOF, the Member Agencies hereto have caused this Agreement to be executed on their behalf by their duly authorized representatives as set forth below. OREGON Approved as to form: Legal Counsel Date Date RAIN Chairperson Date July 1, 2009 RAIN AGREEMENT Page 6 of 6 01 W UU UB �UJI N AY4^4- February 28, 2011 TO: Mayor and City Council through City Administrator FROM: Ignacio Palacios, Finance Director SUBJECT: 2011 -2012 Supplemental Budget Resolution RECOMMENDATION: fV,4-11- Approve the attached resolution authorizing a contingency transfer and approving a supplemental budget in the General Fund and General Fund Capital Improvement Fund for the fiscal year 2011-2012. BACKGROUND: From time to time during the fiscal year, staff identifies necessary changes to the adopted budget as new information becomes available. ORS 294.480(3) allows the governing body to amend the adopted budget by 10% of the original appropriation for unanticipated events. In addition, ORS 294.480 allows the governing body to transfer contingency under certain conditions or when an unanticipated `event' occurs. When those changes in the original budget via the supplemental budget are less than 15% of the original appropriation in any one fund a public hearing does not need to be held, and the transfer of contingency can be passed by resolution. Those changes to the original budget are outlined below and summarized in the attached resolution and exhibit A. General Fund - During the current fiscal year the Police Department sold three (3) traffic motorcycles for a total of $13,000. The Police Department is requesting the use of a portion of those proceeds ($7,000) be applied towards the replacement of 11 patrol /tactical rifles of various makes and models for the purchase of 13 new SIG -SAUER USA patrol rifles. The remaining cost of the rifles will be supplanted by the trade -in of the current rifles and an additional amount of $7,438 from existing appropriations for equipment replacement ($5,538 is made up from grant proceeds). The remaining motorcycle proceeds ($6,000) will be used to replace equipment on the current traffic motorcycles. Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance .I Honorable Mayor and City Council February 28, 2011 Page 2 In addition, the Police Department has received an ODOT grant in the amount of $4,765 for the purchase of moving radar equipment - the grant requires an in- kind match of $1,100. The in -kind match will be matched by staff time for installing the equipment. General Fund Capital Improvement - The Police Department in cooperation with the City of Hubbard has reached agreements to cover two - thirds (2/3) share of a radio antenna base /repeater installation to complete the radio upgrade. The City of Woodburn has been working on this project since 2010. The project included obtaining radios for Public Works and up- fitting a base station /repeater radio site. Part of this project included obtaining additional FCC licenses for radio frequencies to be utilized by the partners. By combining two (2) channels, the partners were successful in obtaining four (4) FCC licenses for use. This allowed a second base /repeater site to be up- fitted at the Hubbard water tower. The total cost of the project is $15,000 with the City of Woodburn's share totaling $5,000. In prior fiscal years $66,000 was reserved in the General Fund Capital Improvement Fund for police radio equipment replacement. The police department is requesting a transfer of that contingency in the amount of $5,000 to fund the City's portion of the project. FINANCIAL IMPACT: There are several funds impacted by the items being requested: • Proceeds from the sale of the three (3) traffic motorcycles increase miscellaneous revenues by $13,000 and the ODOT grant proceeds will increase grants by $4,765 in the General Fund. • Materials and Services are increased by $17,765 for the purchase of the rifles and moving radar equipment in the General Fund Police Department. • Existing Materials and Services appropriations in the amount of $2,456 will be used to cover the rifle purchase from the General Fund Police Department. • The remaining cost ($4,982) of the rifles will be covered from proceeds from the Equitable Share proceeds - as currently appropriated - from the Search and Seizure Fund. • The current contingency in the General Fund Capital Improvement Fund is $96,000 - the transfer of $5,000 from Contingency will reduce the total contingency to $91,000 (reducing the police equipment reserve to $59,000) . 41 COUNCIL BILL NO. 2858 RESOLUTION NO. 1989 A RESOLUTION APPROVING A CONTINGENCY TRANSFER AND ADOPTING A SUPPLEMENTAL BUDGET FOR THE GENERAL FUND AND GENERAL FUND CAPITAL IMPROVEMENT FUND FOR FY 2011 -2012 WHEREAS, the City of Woodburn Police Department has sold three (3) surplus motorcycles for a total of $13,000; and WHEREAS, the City of Woodburn Police Department has been awarded an ODOT /Traffic Safety Grant in the amount of $4,765; and WHEREAS, the City of Woodburn Police Department working through the City of Woodburn Public Works Department desires to transfer $5,000 from the General Fund Capital Improvement Fund Contingency to the General Fund Capital Improvement Fund Capital Outlay to be used to obtain a base station /repeater radio in cooperation with the City of Hubbard; and WHEREAS, ORS 294.480(3) permits the City to approve a Supplemental Budget at a regularly noticed meeting where the estimated expenditures contained in a budget for a fiscal year or budget period differ by less than 10% of any one of the individual funds contained in the regular budget for that fiscal year or budget period that is being changed in the supplemental budget; and WHEREAS, the proposed sales and grant proceeds and uses in the General Fund do not exceed the 10% limit; and WHEREAS, ORS 294.450(2) - Contingency Transfers - allows the transfer of contingency of up to 15% of the total fund appropriation; and WHEREAS, the proposed contingency transfer does not exceed the 15% limit in the General Fund Capital Improvement Fund; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That pursuant to the applicable ORS provisions cited above, the City Council hereby approves the transfer of appropriations and supplemental budget for FY 2011-2012 in the amounts listed in Exhibit "A." Approved as to Form: City Attorney Page 1 - COUNCIL BILL NO. 2858 RESOLUTION NO. 1989 Date 42 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 2 - COUNCIL BILL NO. 2858 RESOLUTION NO. 1989 43 EXHIBIT Page I of __.I_,__ City of Woodburn 2010 -2011 Supplemental Budget Exhibit A General Fund Original Supplemental Revised State Grants Other (45,000) (4,765) (49,765) (1,359,307) (13,000) (1,372,307) Equipment 33,200 17,765 50,965 General Fund Capital Improvement Other Equipment Contingency - 5,000 5,000 96,000 (5,000) 91,000 M A W ODB URN I February 28, 2011 TO: Honorable Mayor and City Council, acting as the Local Contract Review Board, through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE FIFTH STREET IMPROVEMENTS PROJECT RECOMMENDATION That the City Council, acting as the Local Contract Review Board, by motion award a construction contract for the FIFTH STREET IMPROVEMENTS PROJECT to M. L. Houck Construction Co. in the amount of $957,093.86. BACKGROUND The contract is in conjunction with File #2011-001-30, Bid No. 2011-004 for the reconstruction of Fifth Street between Harrison St. and OR -Hwy. 214. Work includes storm drainage piping, connections to existing systems, sidewalk improvements, paving, striping, signing, landscaping, street lighting and a new traffic and pedestrian signal at the intersection of Fifth Street and OR -Hwy. 214. Bids were received and opened for the transportation capital improvement project on Thursday February 10, 2011. Ten (10) legal bids were received from responsible, pre - qualified Bidders. Two (2) of the bidders did not turn in the required First -Tier Subcontractor Disclosure form as is required under ORS 279C.370, and therefore, must be considered "NON- Responsive ". Bid offers received are as follows: No: Name Amount 1 ML Houck Construction Co. $957,093.86 2 R &R General Contractors, Inc. $959,999.00 3 Eagle- Elsner Paving Co., Inc. $983,605.60 4 North Santiam Paving Co. $990,068.58 5 Gelco Construction Co. $1,010,354.15 6 GVS Contracting, Inc. $1,019,147.00 7 Kerr Contractors, Inc. $1,025,729.50 8 Pacific Excavation * $1,102,256.00 Agenda Item Review: City Administrator _x_ City Attorney _x Finance _x- 45 Honorable Mayor and City Council February 28, 2011 Page 2 9 Goodfellow Bros., Inc. * $1,174,093.25 10 Dirt & Aggregate Interchange $1,217,779.50 * Signifies NON - Responsive Bidder ORS 279C.370 Engineer's Estimate $1,769,909.00 The recommended award is 45.9% below the Engineer's estimate. It is also significant, however, that even the highest bid is 31.2% below the Engineer's estimate. DISCUSSION The project as approved in the 2010-11 Capital Improvement Project budget. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the laws and regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT The project will be funded using approved Traffic Impact Fees (TIF) (376) as identified in the Fiscal Year 2010/2011 budget. Total approved project budget is $2,500,000. Estimated project expenditures to date, including award of the construction contract are: • Preliminary Engineering, Public Involvement And Final Engineering • Construction Engineering and Inspection • Construction Estimated Project Cost to Date: $539,886 $ 45,000 $ 957,094 $1,541,980 M . W UU UB �UJI N AY4^4- February 28, 2011 TO: Mayor and City Council through City Administrator FROM: Ignacio Palacios, Finance Director SUBJECT: Santiam Canyon Communications Center Network Support Agreement RECOMMENDATION fV,4-11- Authorize the City Administrator to execute an Intergovernmental Agreement with the Santiam Canyon Communications Center to provide computer and network support. BACKGROUND The Santiam Canyon Communications Center approached the City requesting a proposal for network support services. Currently, the City provides network support to several local governments and districts in the area providing network support, equipment and software installation. The proposal is to provide network support services at a set hourly rate with all equipment, software and peripherals to be provided by the Santiam Canyon Communications Center and is consistent with other support agreements already in place with other jurisdictions. The proposed support will take approximately 5 hours per month to provide adequate coverage to be covered by Information Services. FINANCIAL IMPACT The agreement would supplement the IS department's revenue by approximately $3,500 annually. Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance 47 Agreement Computer and Network Support This Agreement is made to engage the services of City of Woodburn ( "the City ") to provide Computer and Network Support to the Santiam Canyon Communications Center ( "the Center"); and is made under the authority of ORS 190.003 to 190.110. In consideration of mutual benefits and obligations herein set forth, the parties agree as follows: 1. Scope of Services 1.1. The City shall provide support for and maintenance of desktop computers, printers, servers, and any other computer related equipment for the Center. All ownership rights to said equipment shall remain with the Center. 1.2. The City will help setup and /or relocate any computer related equipment. Network drop locations, power receptacle locations, and furniture relocation will be the responsibility of the Center. 1.3. The City will work with hardware and software vendor support to resolve issues. If items need to be returned to the vendor for support the Center will take care of and pay for any shipping and handling charges. 1.4. The City will not provide any physical hardware but will help make hardware choice recommendations and work with the Center to order any necessary hardware. 1.5. The City will work with the Center to backup and maintain the Center's data. 1.6. Support will be provided during normal business hours, Sam — 5pm Monday through Friday. After -hours support will be available Monday through Friday but will be limited to 2 calls per month and lasting no more than 2 hours each. If additional after -hours or weekend support is needed, it will be available on a mutually agreed upon time frame. 2. Limitations of Services 2.1 The City shall, at its sole discretion, select which personnel will provide services under this Agreement. Page 1- Agreement/Computer and Network Support 2.2 The City shall be the sole employer of any and all personnel providing services under this Agreement. The City reserves the right to prioritize the workload of its personnel. 3. Fees and Charges 3.1. Services rendered will be charged at $60 per hour (regular hourly rate) and be based on quarter -hour increments. 3.2. After -hours and weekend support services under this Agreement shall be billed at a rate of one and one -half (1.5) times the regular hourly rate. 3.3. Time spent traveling will be added to the hourly rate billed, but there will be no additional travel costs billed. 3.4. Since the City will not be providing any hardware, all hardware costs will be the responsibility of the Center. 4. Billing and Payment 4.1. The hourly charges shall be billed quarterly. 5. Security 5.1. The City will use the existing encrypted VPN connection to remotely access the Center's computers and help troubleshoot and resolve issues. 5.2. The City will not release any of the Center's information unless directed to do so by the Center. 6. Standard of Care/Limitation of Liability 6.1. The City assumes no liability for the accuracy of any data on the Center's network. 6.2. The City agrees that all service under this Agreement will be performed in a professional manner with the degree of care and skill ordinarily exercised under similar circumstances by professionals practicing in the State of Oregon. 6.3. The Center understands and agrees that the City shall not be liable to the Center Page 2- Agreement/Computer and Network Support for any damage that may occur while the Center's computer system is being serviced by the City, including liability for indirect, special, exemplary or consequential damages. 7. Terms and Termination 7.1. This Agreement shall be effective upon execution hereof on behalf of both parties, and shall continue until terminated as provided in 7.2. 7.2. This Agreement may be terminated by either party upon (30) days written notice. 7.3. Notwithstanding the giving of notice of termination as provided in 7.2, the Center shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. 8. Communication and Notice 8.1. Any notice in writing required to be given hereunder shall be sufficient if sent by regular mail or personally delivered to the City Administrator of the City and to the Chairperson of the Center. 8.2. Each party shall designate, and may change from time to time, a representative for communication, negotiations, and general liaison with the other concerning the content, future and administration of this Agreement. 9. Amendments 9.1. This Agreement represents the complete and integrated agreement between the parties with respect to the subject matter hereof, and may be amended only by written amendment executed by both parties. As such, this Agreement cancels and supersedes all prior written and oral agreements, representations, negotiations, and communications between the parties and their representatives with respect to the subject matter hereof. Page 3- Agreement/Computer and Network Support IN WITNESS WHEREOF the parties have caused the Agreement to be executed on behalf by their duly authorized representatives as of the dates set forth below. City of Woodburn Scott C. Derickson, City Administrator Date: Santiam Canyon Communications Center Nora Schliske, Chairperson Date: Page 4- Agreement/Computer and Network Support 51 W UU UB �UJI N AY4^4� Wff February 28, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic and Development Services SUBJECT: Grant of Public Access and Utility Easement over "Block A, V Strip" at Landau Estates Subdivision, Woodburn RECOMMENDATION Authorize the City Administrator to sign a public access and utility easement over the City owned parcel described as BLOCK "A" 1' STRIP as shown on Landau Estates Plat, City of Woodburn, OR (Tax Lot 051 W17BD02500). BACKGROUND The City of Woodburn became the owner of a one -foot reserve strip described as "Block A" surrounding the outer limits of the northern and eastern boundaries of the Landau Estates Subdivision when the subdivision was platted in May 1972. Block A is described in the attached Exhibit A and shown in Exhibit B. At that time it was common to use reserve strips (or "spite strips ") to limit development activities until future development conditions were met. Block A is currently paved and used as part of Landau Drive. Presently, the owners of one existing home at 1725 Landau Drive must drive across Block A to access their driveway. The City has approved the subdivision and development proposal of the new Toran Meadows Subdivision which requires access and crossing of Block A. This matter has some urgency because the developers of the property are now being delayed because they must wait for recording of the final plat before they can begin building. DISCUSSION A Public Access and Utility Easement on Block A is necessary to ensure the access rights of the property owners and the general public using Landau Drive. Time is of the essence because the Toran Meadows developer must have the final plat approved before he can begin redevelopment. Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance 52 Honorable Mayor and City Council February 28, 2011 Page 2 FINANCIAL IMPACT None. 53 W DBUR jv EXHIBIT A Legal Description Map & Tax Lot No. 051 W1 7BD-02500 Permanent Right -of -Way Dedication 1 FOOT PERMANENT RIGHT -OF -WAY DEDICATION FOR ROAD PURPOSES A parcel of land, described as BLOCK "A" 1' STRIP as shown on Landau Estates Plat, City of Woodburn, Sec. 17, T 5 S, R 1 W W.M. Recorded in the Marion County, Oregon Records in the Book of Town Plats in Volume 26, Page 35. as shown on attached Exhibit "B ". 54 EXHIBIT "B" MAP OF LEGAL DESCRIPTION BLOCK A 1 ' STRIP N 67 00 29 E 566.12 pR IV E a I N 7 S.OD N 70 00' 109.34' 70.00 70'00 3 61.60 r N 2 5 N a NI.„ a of 3 of a • a) N O N67 °0029 ' E e O I h .00 109.79' 70.00 - = 70 55 ti 70.00• ti 91.41 7 : h 2 v ; -� 06.62' 6000 O All P 9 a i V 1 20.0 0 ' so' 10 q � 7 p 0 ° 8 0 o d: 1° 6 a' o I a z ti 4 70.00 _ +�-� *s 2 S 1 R- 21.53' 'O 60.00' z so.00• A N e7 °00 29 E ° 4. 00.00 e. R ° i 1 11 3.01' ^ 'S66e e3 l:s ° h p 80.00 A0 93g0'�' 8� a •B esbe 0 N 67 0 29 E _ �L } ° is 4n - - - - -- _ zes.os' AVE. ,°, P„ � T 0 M L I N 1 o 100.00• '� O z ti a . 1 3 01 ' 3190 30 03 6S 00 7 ).00 W / N6y e,ee ,� 3 � sa,°12,0�; N ;� BLOCK A ` 83. 15 • a +. : I n - 1 'STRIP Q N 07 °00' E 3 - V I0 air' S o c 6 u .0 7 0° 8 ?g• a' oIO a e 1° N� N � Z ° ° z _` 50.00 ft 2 ' 0 = = 67 - 66' INITIAL POINT / Z 65.00 65.00 65.00 i 2 "IRON PIPE 11.39' 125.36 so.0 " w 563.71 S 67 1 a 00 ; 55