11-28-2011 AgendaCITY OF WOODBURN
CITY COUNCIL AGENDA
NOVEMBER 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 V
CITY HALL COUNCIL CHAMBERS — 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements
A. Please join us for the Annual Mayor's Tree Lighting on Sunday,
December 4. The whole family is invited to this traditional
holiday event that takes place at two downtown locations.
We'll start at the Settlemier House at 5:30pm to light the tree,
followed by caroling, led by the Dickens Carolers. We will
then parade to the Downtown Plaza by candlelight, where
we will light the Plaza tree, enjoy festive entertainment, hot
chocolate, cookies, and even an appearance by Santa
himself.
Appointments
None
4. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Woodburn Unidos
B. Woodburn School District
5. PROCLAMATIONS /PRESENTATIONS
Proclamations
A. Bulldog Soccer Day
Presentations
B. Safe Streets
6. COMMUNICATIONS
None.
* *Xasxa mttRPRetes DISFONmies Para aptilas PeRsonas Que no xaBian huts, PRevio acueRno.
Commflpese ai (503) 980-2q85.**
1
November 28, 2011 Council Agenda Page i
7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
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 November 14, 2011 2
Recommended Action Approve the minutes.
B. Woodburn City Council Executive Session minutes of November 5
14, 2011
Recommended Action Approve the minutes.
C. Woodburn City Council Workshop minutes of November 14, 6
2011
Recommended Action Approve the minutes.
D. Crime Statistics through October 2011 7
Recommended Action Receive the report.
E. Liquor License Full On- Premises Sales, Change of Ownership, 11
Change Trade Name
Recommended Action: Recommend that the OLCC approve
the Change of Ownership and Change of Trade Name for an
Off - Premises Liquor Sales License for Tienda Mexicana El Compa
Cheque.
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. 2882 - A Resolution Entering into an Agreement 13
with Woodburn School District 103 for the Purpose of Collecting
a Construction Excise Tax as Provided by State Law and
Authorizing the City Administrator to Sign Said Agreement.
Recommended Action Adopt the attached resolution
November 28, 2011 Council Agenda Page ii
authorizing the City Administrator to renew an
intergovernmental agreement, for a period of two years, with
the Woodburn School District related to collecting School
Construction Taxes.
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
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. ADJOURNMENT
November 28, 2011 Council Agenda Page iii
PROCLAMATION
BULLDOG SOCCER DAY - NOVEMBER 21, 2011
Whereas, the Woodburn High School Bulldogs have established a quarter -
century -plus tradition of excellence in soccer; and
Whereas, the 2010 Bulldogs made history with Woodburn's first 5A Boys'
State Soccer Championship;
Whereas, the 2011 Bulldogs have continued Woodburn's longtime tradition
of success throughout the season, as the result of hard work, teamwork, and talent;
and
Whereas, on November 19, 2011, at Hillsboro Stadium, the Bulldogs faced
worthy opponents at the Boys' 5A State Championship and demonstrated character
and perseverance in the face of determined opposition; and
Whereas, the Woodburn Bulldogs successfully defended their state
championship and emerged from the game as the 5A State Champions for the
second straight year; and
Whereas, a celebration of the Bulldogs' achievements will take place on
November 21, 2011,
Now therefore, I, Kathy Figley, Mayor of the City of Woodburn, declare
Monday, November 21, 2011, to be BULLDOG SOCCER DAY in the City of
Woodburn. I encourage our community to applaud this history - making team and to
thank these young men for showcasing our community at its best in front of a
statewide audience. The Bulldogs have truly made us "Woodburn Proud ".
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of Woodburn to be affixed this 21St day of November 2011.
Kathryn Figley, Mayor
City of Woodburn
1
COUNCIL MEETING MINUTES
NOVEMBER 14, 2011
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, NOVEMBER 14, 2011.
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
Councilor Pugh
Present
Councilor Schmidt
Absent
Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief
Russell, Public Works Director Brown, Police Captain Garrett, Police Captain
Alexander, Finance Director Palacios, Human Resources Director Hereford, Officer
Williams, Officer Stewart, Recorder Shearer.
0:00 ANNOUNCEMENTS
City Hall will be closed on November 24 and 25 for the Thanksgiving Holiday. The
Aquatic Center and Library will be closed on November 24 but will be open normal
business hours the rest of the holiday weekend.
0:01 APPOINTMENTS
Pugh/Lonergan... accept the Mayor's appointment of Brent Glogau to the Recreation and
Parks Board. The motion passed unanimously.
0:01 COMMUNITY /GOVERNMENT REPORTS
A. Woodburn Area Chamber of Commerce — Chamber President Jason Orton provided an
update on Chamber activities & events.
B. Woodburn School District — Superintendent David Bautista provided an update on
School District events and activities.
0:06 PROCLAMATION
Honoring Leonard Black and the Lavell Black Trust Fund
0:10 PRESENTATIONS
A. Donation — Presentation of a plaque in recognition of the gift made by the Leonard
Black in Honor of Lavelle Black which establishes the Lavelle Black Trust Fund to
support the Woodburn Police Canine Unit.
B. Murals — Economic & Community Development Director Hendryx provided a
presentation overview of the Woodburn Sign Code and how it applies to murals. He
Page 1 - Council Meeting Minutes, November 14, 2011
2
COUNCIL MEETING MINUTES
NOVEMBER 14, 2011
discussed the legal concerns regarding how the regulation of content is prohibited by the
Oregon Constitution. He also discussed the various ways murals are handled in other
cities and how they could be incorporated in Woodburn.
Councilor Cox expressed support for a mural program and suggested that the City
Attorney research the potential for a program that would work within the constraints of
the Oregon Constitution. He would like to ensure that any program put in place is likely
to withstand legal challenges. Councilor McCallum also supports murals and recognizes
the challenges of regulating and enforcing regulations for them. Councilor Morris
suggested that the City establish recommended guidelines for content, without having
any effective restrictions or controls. Mayor Figley reminded Council that retaining the
current sign standards as currently enacted is an option, but stated that it was her
understanding that there was support on Council to establish a means for murals that
would not be currently permitted under the sign code.
Hector Hernandez, Jose Montes, Julio Solano, and Lenny Kleinman spoke in favor of
murals and encourage changes to the sign code to facilitate creation of murals. Merrilie
Berlin cautioned Council to proceed carefully to ensure community support, particularly
in the Historic Downtown Neighborhood.
Council directed the City Attorney to prepare a legal opinion that they can use to guide
further action on this topic.
1:34 CONSENT AGENDA
A. Approve Woodburn City Council minutes of October 24, 2011,
B. Accept Library Board minutes of October 12, 2011, and
C. Recommend Approval of a Greater Privilege application for 7 Seas Restaurant and Bar
to the OLCC.
McCallum/Lonergan.... adopt the consent agenda as presented. The motion passed
unanimously.
1:35 COUNCIL BILL NO. 2881 — A RESOLUTION ESTABLISHING THE LAVELLE
BLACK TRUST FUND AND APPROVING APPROPRIATIONS FOR THE FUND
FOR FISCAL YEAR 2011 -2012
Councilor McCallum introduced Council Bill 2881. 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. 2881 duly passed.
1:36 CITY ADMINISTRATOR'S REPORT
• New Human Resources Director Michael Hereford was introduced
1:38 MAYOR AND COUNCIL REPORTS
• No one wished to make a report
Page 2 - Council Meeting Minutes, November 14, 2011
I
COUNCIL MEETING MINUTES
NOVEMBER 14, 2011
1.38 EXECUTIVE SESSION
Mayor Figley entertained a motion to adjourn into executive session under the authority of
ORS 192.660(2)(i). Cox/Morris ... adjourn to executive session under the statutory
authority cited by the Mayor. The motion passed unanimously. For the record, City
Administrator Derickson waived his right to an open hearing for his evaluation.
The Council adjourned to executive session at 8:45 pm and reconvened at 9:05 pm. Mayor
Figley stated that no action was taken by the Council while in executive session.
1:39 ADJOURNMENT
McCallum/Pugh... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:05 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, November 14, 2011
W
Executive Session
COUNCIL MEETING MINUTES
November 14, 2011
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, NOVEMBER 14, 2011.
CONVENED. The Council met in executive session at 8:45 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
Absent
Staff Present: City Recorder Shearer, City Administrator (8:50 pm).
Media Present: None.
Mayor Figley reminded the Councilors, media and staff that information discussed in executive
session is not to be discussed with the public.
The executive session was called to:
• To review and evaluate, pursuant to standards, criteria and policy directives adopted
by the governing body, the employment- related performance of the chief executive
officer of any public body, a public officer, employee or staff member unless the
person whose performance is being reviewed and evaluated requests an open hearing
pursuant to ORS 192.660(2)(i)
• For the record, during the open session of the City Council meeting, City
Administrator Derickson waived his right to an open hearing.
ADJOURNMENT.
The executive session adjourned at 9:00 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Pagel — Executive Session, Council Meeting Minutes, November 14, 2011
I
COUNCIL WORKSHOP MEETING
MINUTES
November 14, 2011
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, NOVEMBER 22, 2010.
CONVENED The meeting convened at 6:00 p.m. with Council President McCallum
presiding.
ROLL CALL
Mayor
Figley
Present (arrived 6:05)
Councilor
Cox
Present
Councilor
Lonergan
Present
Councilor
McCallum
Present
Councilor
Morris
Present
Councilor
Pugh
Present
Councilor
Schmidt
Absent
Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Russell,
Public Works Director Brown, Economic & Community Development Director
Hendryx, Finance Director Palacios, Human Resources Director Hereford,
Recorder Shearer.
PRESENTATION
Administrator Derickson provided a presentation providing an overview of
Council's adopted goals and staff actions & plans supporting those goals
(included in the workshop packet). Council provided comments and direction
periodically throughout the workshop. No action was taken by Council.
ADJOURNMENT
The workshop adjourned 6:55 pm.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Christina Shearer, Recorder
City of Woodburn, Oregon
I
11/22/2011 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
JANUARY THRU DECEMBER 2011
CHARGE DESCRIPTION
Total
Jan
Feb
Mar
Apr
May
Jun
ul
ug
Sep
Oct
0
0
0
0
0
0
0
0
0
0
0
AGGRAVATED ASSAULT
43
13
0
6
2
3
4
8
3
1
3
ANIMAL CRUELTY
2
0
0
0
0
1
0
1
0
0
0
ANIMAL ORDINANCES
17
1
0
0
0
4
4
1
2
2
3
ARSON
7
0
0
0
0
0
0
4
3
0
0
ASSAULT SIMPLE
100
19
8
11
6
10
8
10
15
5
8
BURGLARY - BUSINESS
4
0
0
0
0
0
1
0
0
1
2
BURGLARY - OTHER STRUCTURE
5
0
0
0
0
4
0
0
0
0
1
BURGLARY - RESIDENCE
24
4
1
1
6
3
1
1
1
0
6
CHILD NEGLECT
12
1
1
4
1
0
0
2
2
1
0
CITY ORDINANCE
1
0
1
0
0
0
0
0
0
0
0
CRIME DAMAGE -NO VANDALISM OR ARSON
15
0
1
1
1
1
1
2
3
1
4
CRIMINAL MISTREATMENT
5
0
0
1
0
0
0
0
0
4
0
CURFEW
5
0
0
4
0
0
0
0
0
0
1
CUSTODY - DETOX
7
1
0
1
1
0
1
2
1
0
0
CUSTODY - MENTAL
48
3
4
8
3
7
6
4
4
4
5
CUSTODY - PROTECITVE
3
0
0
1
0
0
0
0
2
0
0
DISORDERLY CONDUCT
46
3
7
5
10
7
1
3
2
5
3
DRIVING UNDER INFLUENCE
103
5
3
12
13
15
9
11
12
8
15
DRUG LAW VIOLATIONS
125
3
8
41
20
12
9
8
6
13
5
DWS /REVOKED - FELONY
1
1
0
0
0
0
0
0
0
0
0
DWS /REVOKED- MISDEMEANOR
28
2
2
2
2
2
3
4
2
5
4
ELUDE
2
0
0
0
1
0
1
0
0
0
0
EMBEZZLEMENT
3
1
0
0
0
1
1
0
0
0
0
ESCAPE FROM YOUR CUSTODY
1
0
0
0
0
1
0
0
0
0
0
FAIL TO DISPLAY OPERATORS LICENSE
21
4
2
2
2
5
3
0
0
1
2
FAILURE TO REGISTER AS SEX OFFENDER
2
0
1
0
0
0
0
0
1
0
0
FORCIBLE RAPE
1
0
0
0
0
0
0
0
0
0
1
FORGERY /COUNTERFEITING
26
3
0
0
9
2
4
1
4
1
2
FRAUD - BY DECEPTION /FALSE PRETENSES
3
0
1
0
0
1
0
0
0
1
0
FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE
7
0
1
1
0
0
2
0
1
2
0
FRAUD - IMPERSONATION
4
0
0
0
0
0
0
0
4
0
0
FUGITIVE ARREST FOR ANOTHER AGENCY
189
20
19
16
30
27
19
9
16
16
17
FURNISHING
16
2
0
4
0
0
6
0
1
0
3
GARBAGE LITTERING
3
0
0
0
0
1
0
1
1
0
0
HIT AND RUN FELONY
4
0
0
0
0
0
1
2
1
0
0
HIT AND RUN - MISDEMEANOR
16
2
0
1
1
1
1
0
2
5
3
IDENTITY THEFT
14
0
1
0
4
1
3
0
1
3
1
INTIMIDATION /OTHER CRIMINAL THREAT
36
11
1
6
7
2
2
0
3
1
3
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE
4
2
0
0
0
0
2
0
0
0
0
MINOR IN POSSESSION
44
11
3
3
6
9
4
2
1
0
5
MOTOR VEHICLE THEFT
5
0
0
1
1
0
1
0
0
0
2
OTHER
72
6
6
7
10
11
9
11
4
5
3
RECKLESS DRIVING
12
0
0
1
1
1
1
1
3
1
3
RESTRAINING ORDER VIOLATION
5
0
1
1
0
1
1
0
0
0
1
ROBBERY - BUSINESS
4
0
0
0
2
0
0
1
0
0
1
ROBBERY-OTHER
1
1
0
0
0
0
0
0
0
0
0
RUNAWAY
17
1
0
4
0
8
0
2
1
1
0
EX CRIME - CONTRIBUTE TO SEX DELINQUENCY
7
2
0
0
0
0
0
0
1
3
1
EX CRIME - FORCIBLE SODOMY
1
1
0
0
0
0
0
0
0
0
0
EX CRIME - MOLEST (PHYSICAL)
16
8
0
0
1
0
1
0
1
2
3
EX CRIME - NON FORCE SODOMY
2
0
0
0
1
0
0
0
0
1
0
EX CRIME - NON -FORCE RAPE
2
0
0
0
1
0
0
0
1
0
0
EX CRIME - OTHER
2
1
0
0
0
0
0
0
0
0
1
Page 1 of 2
11/22/2011 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
JANUARY THRU DECEMBER 2011
2010 Total 1,282 142 127 127 120 138 135 115 122 136 120
2009 Total 1,747 136 199 169 170 168 192 173 176 203 161
1800
1600
1400
1200
N
y 1000
w
800
Q
600
400
200
0
Page 2 of 2
Arrests / Year
I
2009 2010 2011
Year
Total
an
Feb
Mar
Apr
May
Jun
ul
ug
Sep
Oct
CRIME - PORNOGRAPHY /OBSCENE MATERIAL
2
0
0
0
0
0
0
0
0
2
0
EX CRIME - SEXUAL ASSAULT WITH AN OBJECT
1
0
0
0
0
0
0
0
0
0
1
TALKER
1
0
0
0
0
0
0
0
1
0
0
TOLEN PROPERTY - RECEIVING,BUYING,POSSESSING
2
0
1
0
0
1
0
0
0
0
0
HEFT - BICYCLE
2
0
0
0
0
1
0
0
0
1
0
HEFT - BUILDING
11
1
1
0
7
0
0
0
0
0
2
I EX
HEFT - FROM MOTOR VEHICLE
2
0
0
0
0
1
1
0
0
0
0
HEFT-OTHER
25
4
2
4
3
0
3
1
2
5
1
HEFT - PICKPOCKET
2
0
0
0
1
1
0
0
0
0
0
HEFT - SHOPLIFT
124
8
6
13
6
12
20
17
20
10
12
RAFFIC VIOLATIONS
128
1
4
14
19
27
23
6
23
2
9
RESPASS
39
5
0
6
4
8
1
8
2
3
2
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE
2
0
0
0
0
1
1
0
0
0
0
VANDALISM
50
2
1
0
19
8
4
8
2
4
2
ARRANT ARREST FOR OUR AGENCY
41
2
4
1
2
3
5
4
8
7
5
WEAPON - CARRY CONCEALED
7
1
3
1
2
0
0
0
0
0
0
WEAPON - EX FELON IN POSSESSION
2
0
0
0
0
2
0
0
0
0
0
WEAPON - OTHER
1
0
0
0
0
1
0
0
0
0
0
W EAPON - POSSESS ILLEGAL
13
0
1
1
2
4
3
0
0
1
1
Jan
Feb
Mar
Apr
Ma
Jun
Jul
Aug
Sep
Oct
2011 Total
1,598
156
95
185
207
211
171
135
163
128
147
2010 Total 1,282 142 127 127 120 138 135 115 122 136 120
2009 Total 1,747 136 199 169 170 168 192 173 176 203 161
1800
1600
1400
1200
N
y 1000
w
800
Q
600
400
200
0
Page 2 of 2
Arrests / Year
I
2009 2010 2011
Year
11/22/2011 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
JANUARY THRU DECEMBER 2011
CHARGE DESCRIPTION
Total
Jan
Feb
Mar
Apr
May
Jun
Jul
ug
Sep
Oct
AGGRAVATED ASSAULT
32
6
3
3
2
4
5
5
0
2
2
ANIMAL CRUELTY
2
0
0
0
0
1
0
1
0
0
0
ANIMAL ORDINANCES
21
1
2
0
1
3
6
1
2
2
3
ARSON
11
1
1
2
0
0
1
3
2
0
1
ASSAULT SIMPLE
97
7
8
12
7
12
12
10
17
5
7
ATTEMPTED MURDER
2
1
0
0
0
0
0
0
1
0
0
BURGLARY - BUSINESS
19
2
2
0
1
2
2
4
0
3
3
BURGLARY - OTHER STRUCTURE
14
0
1
0
1
2
2
1
0
3
4
BURGLARY - RESIDENCE
64
7
6
6
8
6
5
10
6
5
5
CHILD NEGLECT
8
1
1
1
0
0
1
2
1
1
0
CITY ORDINANCE
6
0
1
1
0
0
2
0
0
1
0
COMPUTER CRIME
2
0
0
0
1
0
0
1
0
0
0
CRIME DAMAGE -NO VANDALISM OR ARSON
84
8
11
5
6
9
10
10
7
6
12
CRIMINAL MISTREATMENT
6
0
0
2
0
2
0
0
0
2
0
CURFEW
3
0
0
2
0
0
0
0
0
0
1
CUSTODY -DETOX
7
1
0
1
1
0
1
2
1
0
0
CUSTODY - MENTAL
47
3
4
8
3
7
5
4
4
5
4
CUSTODY - PROTECITVE
1
0
0
0
0
0
0
0
1
0
0
DISORDERLY CONDUCT
36
1
4
6
7
6
1
2
1
4
3
DRINKING IN PUBLIC
1
0
0
0
1
0
0
0
0
0
0
DRIVING UNDER INFLUENCE
100
5
3
12
12
13
10
10
12
8
15
DRUG LAW VIOLATIONS
81
4
9
8
14
13
6
8
6
8
5
DWS /REVOKED - FELONY
1
1
0
0
0
0
0
0
0
0
0
DWS /REVOKED - MISDEMEANOR
30
2
2
2
2
3
3
4
2
5
5
ELUDE
3
0
0
0
1
1
1
0
0
0
0
EMBEZZLEMENT
2
1
0
0
0
0
0
0
0
1
0
ESCAPE FROM YOUR CUSTODY
1
0
0
0
0
1
0
0
0
0
0
FAIL TO DISPLAY OPERATORS LICENSE
21
4
2
2
2
5
3
0
0
1
2
FAILURE TO REGISTER AS SEX OFFENDER
2
0
1
0
0
0
0
0
1
0
0
FORCIBLE RAPE
1
0
0
0
0
0
0
0
0
0
1
FORGERY /COUNTERFEITING
33
4
2
0
6
3
4
3
3
4
4
FRAUD - ACCOUNT CLOSED CHECK
2
0
0
0
1
0
0
0
0
1
0
FRAUD - BY DECEPTION /FALSE PRETENSES
7
0
2
0
1
2
0
1
0
0
1
FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE
19
4
0
2
2
3
0
1
1
2
4
FRAUD - IMPERSONATION
1
0
0
0
0
0
0
0
0
1
0
FRAUD - NO ACCOUNT - CHECK
1
0
0
0
0
0
0
0
0
1
0
FRAUD - OF SERVICES /FALSE PRETENSES
4
1
0
0
1
0
0
1
0
1
0
FRAUD - WIRE
2
0
0
0
0
0
0
1
1
0
0
FUGITIVE ARREST FOR ANOTHER AGENCY
181
17
17
15
28
27
20
9
16
15
17
FURNISHING
12
2
0
2
0
0
6
0
0
0
2
GARBAGE LITTERING
3
0
0
0
0
1
0
1
1
0
0
HIT AND RUN FELONY
7
0
0
0
0
1
1
2
1
1
1
HIT AND RUN - MISDEMEANOR
96
11
4
5
7
9
19
8
12
13
7
IDENTITY THEFT
37
2
1
7
8
4
2
2
5
2
4
INTIMIDATION /OTHER CRIMINAL THREAT
28
1
2
3
4
5
2
2
3
2
4
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE
6
2
0
0
0
0
4
0
0
0
0
MINOR IN POSSESSION
28
4
3
3
4
5
3
2
1
0
3
MISCELLANEOUS
66
8
5
5
6
6
7
5
9
5
10
MOTOR VEHICLE THEFT
29
4
4
6
5
2
3
2
0
2
1
OTHER
66
6
8
6
5
12
7
9
4
5
3
PROPERTY - FOUND LOST MISLAID
19
1
2
1
2
6
3
2
0
1
1
PROPERTY RECOVER FOR OTHER AGENCY
2
0
1
0
0
1
0
0
0
0
0
RECKLESS DRIVING
12
0
0
1
1
1
1
1
3
1
3
RESTRAINING ORDER VIOLATION
6
1
0
0
0
1
1
0
0
0
2
ROBBERY - BUSINESS
3
0
0
0
1
0
0
1
0
0
1
ROBBERY - OTHER
6
1
4
1
0
0
0
0
0
0
0
ROBBERY - RESIDENCE
1
1
0
0
0
0
0
0
0
0
0
Page 1 of 2
11/22/2011 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
JANUARY THRU DECEMBER 2011
2010 Total 2,450 321 223 282 219 283 253 197 231 238 203
2009 Total 2,945 276 297 289 309 283 262 313 299 298 319
3200
2800
2400
W 2000
to
1600
w
0 1200
800
400
Offenses / Year
Page 2 of 2 10
2009 2010 2011
YEAR
Total
an
Feb
Mar
pr
May
Jun
Jul
ug
Sep
Oct
RUNAWAY
58
2
6
9
2
11
4
5
5
9
5
SEX CRIME - FORCIBLE SODOMY
4
1
1
0
0
0
1
0
1
0
0
SEX CRIME - MOLEST (PHYSICAL)
22
4
1
1
0
2
7
2
2
2
1
SEX CRIME - NON FORCE SODOMY
1
0
0
0
0
0
0
0
1
0
0
SEX CRIME - NON -FORCE RAPE
4
0
0
1
1
0
1
0
1
0
0
SEX CRIME - OBSCENE PHONE CALL
3
0
1
1
0
1
0
0
0
0
0
SEX CRIME - OTHER
2
0
0
0
0
0
0
0
0
1
1
SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL
1
0
0
0
1
0
0
0
0
0
0
STALKER
1
0
0
0
0
0
0
0
1
0
0
STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING
4
0
0
0
0
1
0
3
0
0
0
SUICIDE
3
0
0
0
0
0
0
1
0
1
1
HEFT - BICYCLE
15
0
1
1
1
1
2
1
4
3
1
HEFT - BUILDING
21
2
3
1
4
2
1
3
1
1
3
HEFT - COIN OP MACHINE
1
0
0
0
0
1
0
0
0
0
0
HEFT - FROM MOTOR VEHICLE
60
11
7
4
7
5
8
8
2
3
5
HEFT - MOTOR VEHICLE PARTS /ACCESSORIES
13
3
3
1
1
0
0
2
3
0
0
HEFT - OTHER
119
5
10
11
9
13
8
13
14
16
20
HEFT - PICKPOCKET
1
0
0
0
1
0
0
0
0
0
0
HEFT - PURSE SNATCH
4
0
0
1
0
0
0
1
0
0
2
HEFT - SHOPLIFT
125
5
7
10
12
14
18
14
20
11
14
TRAFFIC ORDINANCES
1
0
0
0
0
0
0
0
1
0
0
TRAFFIC VIOLATIONS
132
1
5
12
21
21
27
9
24
2
10
TRESPASS
46
3
2
8
6
8
3
7
5
3
1
VANDALISM
259
34
14
28
30
27
33
28
11
20
34
VEHICLE RECOVERD FOR OTHER AGENCY
5
1
0
0
0
1
2
0
0
1
0
ARRANT ARREST FOR OUR AGENCY
39
2
4
1
1
3
4
4
8
7
5
WEAPON - CARRY CONCEALED
6
1
2
1
2
0
0
0
0
0
0
WEAPON - EX FELON IN POSSESSION
2
0
0
0
0
2
0
0
0
0
0
WEAPON - OTHER
1
0
0
0
0
1
0
0
0
0
0
WEAPON - POSSESS ILLEGAL
14
1
1
2
2
4
2
0
0
1
1
WILLFUL MURDER
1
0
0
0
0
1
0
0
0
0
0
Total
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
2011 Total
2,345
202
184
223
253
298
280
232
228
200
245
2010 Total 2,450 321 223 282 219 283 253 197 231 238 203
2009 Total 2,945 276 297 289 309 283 262 313 299 298 319
3200
2800
2400
W 2000
to
1600
w
0 1200
800
400
Offenses / Year
Page 2 of 2 10
2009 2010 2011
YEAR
W OODBURN
November 28, 2011
TO: Honorable Mayor and City Council through City Administrator
THRU: Scott Russell, Chief of Police
FROM: Jason R. Alexander, Captain
SUBJECT: Liquor License Off - Premises Sales, Change of Ownership, Change
Trade Name
RECOMMENDATION
The Woodburn City Council recommend that the OLCC approve the Change of
Ownership, and Change of Trade Name for an Off - Premises Liquor Sales License
for Tienda Mexicana El Compa Cheque
BACKGROUND
Applicant: Ezequiel Escobedo
174 NE 66th Ave
Hillsboro, Oregon 97124
503 - 523 -7939 (HM)
503 - 981 -7361 (WK)
Business: Su Casa Imports Inc.
Current 1032 N Pacific Hwy
Woodburn, OR 97071
503 - 981 -7361
Business: Tienda Mexicana El Compa Cheque
Purposed 1032 N Pacific Hwy
Woodburn, OR 97071
503 - 981 -7361
Owners: Same as Applicant (Above)
Agenda Item Review: City Administrator _x_ City Attorney _x
Finance
11
Honorable Mayor and City Council
November, 28 2011
Page 2
License Type: Change of Ownership and Change of Trade Name for an Off -
Premises Liquor License, which permits beer, wine, and cider sales for off -
premises consumption only.
On November 15, 2011, the Woodburn Police Department received an
application, requesting approval for a Change of Ownership, Change of Trade
Name and to apply for an Off - Premises liquor license.
Currently the business is Su Casa Imports, which holds an Off - Premises liquor
license. The business was sold to the applicant and he is requesting a change of
ownership, change of trade name and an Off - Premises liquor license.
Tienda Mexicana El Compa Cheque will be open Monday thru Friday 8:00 am to
9:00 pm and on Saturday and Sunday from 7:00 am to 10:00 Pm. This business is
a small grocery store and bakery. There will be no recorded music, DJ music,
karaoke, or video lottery games. The Police Department has received no
communication from the public or surrounding businesses in support of or
against the new outlet.
DISCUSSION
The Police Department has completed a background investigation, in
connection with the OLCC, on the applicant and found nothing of a
questionable nature, which would preclude the issuance of this license, or
granting the Change of Ownership and Trade Name.
FINANCIAL IMPACT
None
12
W OODBURN
November 28, 2011
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: Intergovernmental Agreement Related to Collecting School
Construction Taxes
RECOMMENDATION
It is recommended the City Council adopt the attached resolution authorizing
the City Administrator to renew an intergovernmental agreement, for a period
of two years, with the Woodburn School District related to collecting School
Construction Taxes.
BACKGROUND
In October of 2007, the City Council approved an intergovernmental
agreement related to the collection of School Construction Excise Taxes with the
Woodburn School District pursuant to Senate Bill 1036.
SB 1036 was adopted by the 2007 legislature and went into effect on September
27, 2007. SB 1036 authorizes school districts to impose a tax of $1.00 per square
foot on residential construction and $.50 per square foot on non - residential
construction, and dedicates the resulting revenue to capital construction and
improvements. Taxes collected for non - residential construction are limited to
$25,000 per building permit or per structure, whichever is less.
There are some exemptions provided for under the law. Construction projects
such as public improvements, "affordable" housing that meets HUD guidelines,
hospitals, churches, and certain agricultural buildings, are exempt from this tax.
The tax can be implemented after a school district adopts resolutions to
establish a facilities plan and to impose the tax.
SB1036 also allows construction taxes imposed by a school district may be
collected by another local government agency. An agreement between a
district and that agency is required before taxes can be collected in this
Agenda Item Review: City Administrator _x_ City Attorney _x Finance _x-
13
Honorable Mayor and City Council
November 28, 2011
Page 2
manner. SB 1036 authorizes the collecting agency to retain up to one percent
of the taxes collected to offset its administrative costs. The District views the tax
as a financing tool of which it must take advantage, as part of its larger efforts
to finance capital construction.
DISCUSSION
SB 1036 does not require the City to collect this tax, and there are reasons
why the City might defer, however after several years of experience, the City
has developed an accounting system and process that collects and
forwards the revenues collected to the Woodburn School District. The City is
already organized to collect fees and can easily extend the
intergovernmental agreement. It is also important to note the current system
provides savings in both time and efficiency for the builder. If the District
collects the tax, the builder must make multiple trips and payments. If the
City collects, the builder can address all payments at one time and in the
same place. For these reasons, it is recommended the City extend our
agreement.
The attached intergovernmental agreement defines the responsibilities of
each party. The agreement also provides:
• The City will continue to provide the forms and staff time to implement
School Construction Tax collection;
• The City will continue to grant exemptions as provided by law;
• The City will continue to maintain the revenue that is collected, in an
interest - bearing account separate from City funds, and convey it to the
District on a quarterly basis or more frequently upon request, and
• The City will continue, on a quarterly basis at the same time as revenues
are transferred, report to the District on building permit activity for the
previous quarter, including the aggregate square footage of residential
and non - residential construction, exemptions given, and amounts
transferred.
• The Woodburn School District will continue to provide written information
regarding the tax that can be used to educate builders;
14
Honorable Mayor and City Council
November 28, 2011
Page 3
• The Woodburn School District will continue to determine the validity of any
exemptions granted by the City, and pursue collections for those
exemptions it deems invalid, and
• The Woodburn School District will indemnify the City for any actions arising
from the City's performance under the agreement.
With respect to compensation, SB 1036 allows the City to retain up to one
percent of the value of school taxes collected to reimburse its administrative
costs. However, in 2007, the City Council agreed to waive administrative fees
in exchange for the School District providing its gymnasiums free of charge to
the City's youth basketball league, and will provide an annual contribution of
$1,000 to the Aquatic Center. It is recommended that the same
arrangement remain in place for the duration of the new intergovernmental
agreement.
FINANCIAL IMPACT
Because the School Construction Excise Tax is largely generated as a result of
new construction, it is difficult to know what the overall financial impact to the
School District will be given the 2008 housing crash and subsequent recession.
The benefit to the City will be our continued arrangement with the School District
and the $1,000 annual donation made to the Aquatic Center.
15
COUNCIL BILL NO. 2882
RESOLUTION NO. 2006
A RESOLUTION ENTERING INTO AN AGREEMENT WITH WOODBURN SCHOOL
DISTRICT 103 FOR THE PURPOSE OF COLLECTING A CONSTRUCTION EXCISE TAX AS
PROVIDED BY STATE LAW AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN
SAID AGREEMENT.
WHEREAS, 2007 legislation authorized school districts, as defined in ORS
330.005, to impose a Construction Excise Tax to fund capital improvements to
school facilities, and
WHEREAS, the District imposed a Construction Excise Tax within the District
and entered into an intergovernmental agreement with the City to collect the
tax, and
WHEREAS, the intergovernmental agreement expires on December 31,
2011, and
WHEREAS, it is in the interest of both the City and the District to renew the
intergovernmental agreement for an additional two year period, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an Agreement with
Woodburn School District 103 for the collection of construction excise taxes as
provided by state law.
Section 2. That a copy of said Agreement is affixed to this Resolution as
Attachment "A" and is by this reference incorporated herein.
Section 3. That the City Administrator is hereby authorized to sign said
Agreement on behalf of the City.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Page 1 - Council Bill No. 2882
Resolution No. 2006
16
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. 2882
Resolution No. 2006
17
Attachment A
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement is effective on the date of the last signature
below, and is by and between the City of Woodburn ( "the City "), an Oregon municipal
corporation, and the Woodburn School District 103 ( "the District "), a school district
organized under the laws of the State of Oregon.
WHEREAS, 2007 legislation authorized school districts, as defined in ORS
330.005, to impose a Construction Excise Tax to fund capital improvements to school
facilities; and
WHEREAS, the District imposed a Construction Excise Tax within the District
and entered into an intergovernmental agreement with the City to collect the tax, and
and
WHEREAS, the intergovernmental agreement expires on December 31, 2011;
WHEREAS, it is in the interest of both the City and the District to renew the
intergovernmental agreement for an additional two year period; and
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1 - INFORMATION AND FORMS
The City shall provide all of the forms necessary to collect the Construction Excise Tax.
The District will create and provide: information, forms, and assistance explaining the
Construction Excise Tax; information and forms for exemptions; and any other forms or
information necessary for implementation of the Construction Excise Tax.
SECTION 2 - STAFFING
The City shall provide sufficient staff to calculate and collect the Construction Excise
Tax along with the collection of other permit fees. The District shall provide sufficient
staff to implement the Construction Excise Tax program. Each party continues to
remain responsible for the supervision of its own staff.
SECTION 3 - COLLECTION DATES AND TERM
The City agrees to continue to assess and collect the Construction Excise Tax on behalf
of the District. This Agreement is effective upon signature of the parties and expires on
December 31, 2013
IGA - WOODBURN SCHOOL DISTRICT
PAGE 1
18
Attachment A
SECTION 4 - EXEMPTIONS
If a person or entity asserts that it is exempt from the Construction Excise Tax and files
a District Construction Excise Tax Exemption Form at the time the Construction Excise
Tax would otherwise be due, the City shall grant the exemption. It shall be the District's
responsibility to determine the validity of the exemption and to institute collection
procedures to obtain payment of the Construction Excise Tax, as well as any other
remedy the District may have under law, if the person or entity was not entitled to the
exemption.
SECTION 5 - REMITTANCE
The City shall deposit all monies collected for the District in an interest - bearing account,
and shall remit the collected Construction Excise Tax to the District. Remittance shall
be quarterly, or more frequently upon special request by the District. Construction
Excise Tax remittance and a Construction Excise Tax Report shall be sent to the District
at 965 N. Boones Ferry Road, Woodburn, OR 97071.
SECTION 6 - CONSTRUCTION EXCISE TAX REPORT
Along with the Construction Excise Tax remittance, the City shall prepare and submit to
the District a report of the Construction Excise Taxes and building permits issued for the
previous quarter's construction activities. The report shall include: the number of
building permits issued that quarter; the aggregate square footage of residential
construction; the aggregate square footage of non - residential construction; the number
of building permits for which Construction Excise Tax exemptions were given; and
aggregate square footage of construction for the exempted construction; and the
aggregate amount of Construction Excise Tax paid.
SECTION 7 - FAILURE TO PAY CONSTRUCTION EXCISE TAX
Construction taxes shall be paid by the person or entity undertaking construction at the
time that the permit authorizing the construction is issued. Upon a person's or entity's
refusal to or failure to pay the Construction Excise Tax when due, the City will not issue
the permit. In no event shall the City be liable for failure to collect Construction Excise
Tax when due.
SECTION H - RECORDS
The City shall make all records related to building permit activity, Construction Excise
Tax collections, and the exemptions available to the District, or its designated auditors,
as necessary for the District to audit Construction Excise Tax collections.
SECTION 9 - CONSIDERATION
The City and the District understand that state law authorizes the City to retain up to
IGA- WOODBURN SCHOOL DISTRICT
PAGE 2
19
Attachment A
one percent (1 %) of the School Construction Excise Tax collected to recoup its
administrative expenses in collecting the tax. For the period of this Agreement, the City
waives its right to collect this fee. As consideration for the above - described services,
the District will make available to the City for its recreation programs and to the Public,
with the exception of Washington Elementary School, all outdoor recreation spaces on
each campus. Such space shall include playing fields, basketball courts, and other play
areas and surfaces and shall be made available at no cost, when school is not in
session and during the same hours as when the City parks are open. The District shall
standardize all locks use to secure these grounds, and provide the City with the master
key to those locks. The City shall, with the exception of Washington Elementary
School, be responsible for securing School grounds each evening at the same time as
the City parks are secured. The District also agrees to make available at no cost for
youth basketball league play all indoor basketball courts in the various school facilities,
and to make available at its cost other indoor and classroom space as may be needed
or desirable for the City to conduct indoor recreational and education programs. Costs
charged to the City shall include only the District's direct cost for custodial services and
supplies necessary to accommodate such use. The City shall reserve indoor space in a
form acceptable to the District at least two weeks in advance of use. The District also
agrees to make an annual contribution of $1,000 to the Woodburn Memorial Aquatic
Center, related to staffing, maintenance, and improvements needed to support the
Woodburn High School men's and women's Swim and Water Polo teams. Said
contributions shall be made on or before July 15, 2012 and 2013.
SECTION 10 -GENERAL PROVISIONS
This Agreement is binding on and inures to the benefit of the parties and their
successors, and assigns. Except with the other party's prior written consent, a party
may not assign any rights or delegate any duties under this Agreement. This
Agreement may be amended only by an instrument in writing executed by all the
parties. The headings used in this Agreement are solely for convenience of reference,
are not part of this Agreement, and are not to be considered in construing or interpreting
this Agreement. This Agreement sets forth the entire understanding of the parties with
respect to the subject matter of this Agreement and supersedes any and all prior
understandings and agreements, whether written or oral, between the parties with
respect to such subject matter. A provision of this Agreement may be waived only by a
written instrument executed by the party waiving compliance. No waiver of any
provision of this Agreement shall constitute a waiver of any other provision, whether or
not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any
provision of this Agreement shall not operate as a waiver of such provision or any other
provision. From time to time, each of the parties shall execute, acknowledge, and
deliver any instruments or documents necessary to carry out the purposes of this
Agreement. Time is of the essence for each and every provision of this Agreement.
Nothing in this Agreement, express or implied, is intended to confer on any person,
other than the parties to this Agreement, any right or remedy of any nature whatsoever.
Each party shall bear its own expenses in connection with this Agreement and the
transactions contemplated by this Agreement.
IGA - WOODBURN SCHOOL DISTRICT
PAGE 3
20
Attachment A
SECTION 11 - DEFENSE AND INDEMNIFICATION
The District agrees to defend, indemnify and hold harmless the City and its officers,
agents and employees, against all claims and actions, and all damages and expenses
related thereto, arising from the City's performance of this agreement, except for those
caused by the sole negligence of the City or its officers and employees.
IN WITNESS WHEREOF, the City and the District have executed this Agreement the
day and year written.
CITY OF WOODBURN: WOODBURN SCHOOL DISTRICT 103
Scott Derickson
LIZA
Title: City Administrator Title:
Date:
IGA -WOODBURN SCHOOL DISTRICT
Date:
PAGE 4
21