February 24, 2020 Agenda
E RIC S WENSON,M AYOR
D EBBIE C ABRALES,C OUNCILOR W ARD 1
C ITY OF W OODBURN
L ISA E LLSWORTH,C OUNCILOR W ARD II
R OBERT C ARNEY,C OUNCILOR W ARD III
C ITY C OUNCIL A GENDA
S
HARON S CHAUB,C OUNCILOR W ARD IV
M ARY B ETH C ORNWELL,C OUNCILOR W ARD V
F EBRUARY 24,2020–7:00 P.M.
E
RIC M ORRIS,C OUNCILOR W ARD VI
C ITY H ALL C OUNCIL C HAMBERS –270M ONTGOMERY S TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
A.Woodburn Budget Committee 1
John Zobrist -Position II
Woodburn Planning Commission
Maria Elena Guerra –Position 1
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Marion County Health Promotion and Prevention Team
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A.2
Oregon House Bills 2001 and 2003 (2019)
6.COMMUNICATIONS
None.
7.BUSINESS FROM THE PUBLIC–This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
Comment time will be limited to 3 minutes.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at
503-980-6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
February 24, 2020 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 10, 20209
Recommended Action: Approve the minutes.
B.2020OLCC Renewal 11
Recommended Action:Recommend to OLCC to renew or not to
renew the 2020 liquor licenses for Woodburn outlets as listed in the
Staff Report.
C.Intergovernmental Agreement with Marion County for Building 26
Division services
Recommended Action:Authorize the City Administrator to sign a new
Intergovernmental Agreement (IGA) with Marion County for building
inspection and planreview services.
D.CrimeStatisticsThroughJanuary32
Recommended Action:Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
None.
11.GENERAL BUSINESS –Members of the public wishing to comment on items
of general business must complete and submit a speaker’s card to the
City Recorder prior to commencing this portion of the Council’s agenda.
Comment time will be limited to 3 minutes.
A.Elimination of Overdue Fines for Most Library Materials36
Recommended Action:Discontinue the imposition of Library fines for
overdue books, magazines and DVDs in theChild, Teen and Adult
collections and waive the existing fines for these materials.
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
February 24,2020Council Agenda Page ii
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
None.
16.ADJOURNMENT
COUNCIL GOALS 2019-2021
Thematic Goals
1.Create an inclusive environment where residents participate and are engaged in the community (that is
vibrant, safe and active).
2.Promote an environment that encourages sustainable economic health maximizing our geographic,
workforce, cultural and community assets.
Strategic Goals
3.Create an inclusive environment where Woodburn residents want to participate and are engaged in
the community.
4.Develop innovative funding sources to help support the completion of capital improvement projects.
5.Grow and support strategic partnerships for economic health.
6.Explore the development of a non-profit consolidation facility.
7.Improve Communication and Coordination with School District on matters of mutual interest.
8.Completion of the First Street remodel.
9.Completion of Phase 1 & 2 of the Community Center Project including the formation of an ad hoc
steering committee to review and recommend design.
10.Creation of the Dick Jennings Community Leadership Academy.
11.Develop a strategy to limit PERS liability.
12.Establishment of a Woodburn 20 year community-visioning plan.
February 24,2020Council Agenda Page iii
Agenda Item
February 19, 2020
TO:City Council
OM:Eric Swenson, Mayor
FR
SUBJECT:Committee Appointments
The following appointments aremade, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, February 24, 2020. Noreply is required if you approve of my decision.
Woodburn Budget Committee
John Zobrist - Position II
Woodburn Planning Commission
Maria Elena Guerra – Position 1
1
Agenda Item
February 24, 2020
TO:Honorable Mayor and City Council through City Administrator
FROM:Chris Kerr, Community Development Director
SUBJECT:Oregon House Bills 2001 and 2003 (2019)
:
BACKGROUND
Two important and somewhat controversial housing related Bills were signed into
law in August of 2019; which will have short and long term impacts for the City.
While the exact impacts of each of these Bills are still unknown as the rulemaking
process has only just begun, I wanted toprovide the Council with an overview of
each Bill as well some anticipated next steps for the City.
Staff is closely monitoring the rulemaking process and the ramifications for the
City. We anticipatesubmitting several grants (described below) to assist us with
meeting any statutory requirements; however, no action is required of the Council
at this time.
OVERVIEW OF BILLS:
House Bill 2001 (“HB 2001”)
HB 2001is intended to spur the construction of missing middle housing within
existing Urban Growth Boundaries. Middle housing in this context includes
duplexes, triplexes, quadplexes, cottage clusters, and townhouses.
Some key elements that will directly impact the City are as follows:
The City will be required to allow development of:
o All middle housing types in areas zoned for residential use that allow
for the development of detached single-family dwellings; and
o A duplex on every lot or parcel zoned for residential use that allows
single-family dwellings.
The City must complete comprehensive plan revisions implementing the
above middle housing mandates by June 30, 2022.
2
Honorable Mayor and City Council
February 24, 2020
Page 2
Department of Land Conservation and Development (DLCD)will be
drafting amodel middle housing code to assist local jurisdictions in meeting
the requirements of HB 2001.
DLCD has allocated $3.5 million to provide technical assistance to local
jurisdictions that are subject to the new middle housing mandates.
The City may be able to petition DLCD for an extension to the timelines for
implementing certain middle housing mandates if the City has identified
water, sewer, storm drainage or transportation services that are either
significantly deficient or are expected to be significantly deficient before
December 31, 2023. Staff anticipates submitting a request for a grant to
complete an “Infrastructure-Based Time Extension Request” to DLCD this
spring.
The Bill prohibits owner-occupancy and off-street parking requirements for
Accessory Dwelling Units (ADUs). Staff has already started the process of
amending the WDO to reflect this change and the Council will be holding a
public hearing to consider an Ordinance implementing these changes on
March 9, 2020.
HB 2001 Timelines:
Summer 2020:Technical assistance grant money expected to become
available.
Dec. 31, 2020: DLCD must adopt a model code for both medium and large
cities.
Jun. 30, 2022: Woodburn must adopt land use regulations and
comprehensive plan amendments, except where an
extension is granted.
Note: The DLCD model code will apply if the City fails to adopt the required
regulations and amendments by the June 30, 2022 deadline, except where an
extension is granted.
House Bill 2003 (“HB 2003”)
HB 2003 requires all Cities to adopt (or update) their Housing Needs Analysis (HNA)
and to adopt a Housing Production Strategy (HPS). The HNA including a Buildable
Lands Inventory (BLI), each covering a 20-year timeframe, must be completed at
least once every 8 years. Woodburn adopted its HNA and BLI in December of
2019. It did not include an HPS because there weren’t (and still are not) any rules
for what an HPS must consist of.
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Honorable Mayor and City Council
February 24, 2020
Page 3
The HPS must include measures and policies that the City will undertake to address
the needs identified in the most recent HNA. DLCD has budgeted $1 million for
technical assistance grants to be awarded to local governments for the
development of Housing Production Strategies.
HB 2003 Timelines:
Summer 2020:Technical assistance grant money is expected to become
available.
Dec. 9, 2020:Deadline to adopt a Housing Production Strategy.
Dec. 31, 2027:Woodburn must adopt new Housing Needs Analysis and
Buildable Lands Inventory.
ATTACHMENTS:
1.“Key Elements of House Bill 2001” DLCD handout
2.“Key Elements of House Bill 2003” DLCD handout
4
Updated Nov. 6, 2019
KEY ELEMENTS OF HOUSE BILL 2001
(Middle Housing)
House Bill2001(HB 2001)provides $3.5 million to DLCD for technical assistance to local governments to:
1) assist local governments with the development of regulations to allow duplexes and/or middle housing, as
specified in the bill, and/or
2) assist local governments with the development of plans to improve water, sewer, storm drainage and
transportation services in areas where duplexes and other middle housing types would not be feasible due to
service constraints.
DLCD
Infrastructure Deficiency
Required Middle Housing Requirements
Process
Rulemaking:
Who is
Medium CitiesLarge CitiesMedium & LargeCities
affected:
DLCD Rules and model code DLCD Rules and model code DLCD Rules adoption
Significant
adoptionadoption\[no date specified in bill\]
dates:
December 31, 2020December 31, 2020Target: July 2020
Medium Cities Extension
Requests due by
Local Local Government Adoption of Local Government AdoptionDecember 31, 2020
Government model code or alternativeof model code or alternative
Deadlines:June 30, 2021June 30, 2022Large Cities Extension
Requests due by
June 30, 2021
Effect of
missed Model code applies directlyModel code applies directlyNo extension granted
deadline:
Medium Cities
All Oregon cities outside the Portland Metro boundary with a population between10,000 and 25,000.
Middle Duplexes to be allowed “on each lot or parcel zoned for residential use that allows for the
Housingdevelopment of detached single family dwellings.”
Requirement
Large Cities
All Oregon cities with a population of more than 25,000, unincorporated areas within the PortlandMetro boundary
that are served by sufficient urban services, and all cities within the Portland Metro boundary with a population of
more than 1,000.
Middle Duplexes(as above)ANDtriplexes, quadplexes, cottage clusters, and townhouses “in areas
Housingzoned for residential use that allow for the development of detached single family dwellings.”
Requirement
FlexibilityMedium and Large Cities “may regulate siting and design of middle housing required to be
permitted under this section, provided that the regulations do not, individually or cumulatively,
discourage the development of all middle housing types permitted in the area through
unreasonable cost or delay.”
5
Other Provisions in HB 2001
A local government may request an extension of time to adopt the required regulations based on an
application identifying an infrastructure constraint (water, sewer, storm drainage, or transportation) to
accommodating middle housing development, along witha plan of actions to remedy the deficiencies in
those services.
The applications for time extensions based on infrastructure deficiency will be reviewed by DLCD and
approved or denied.
Housing Needs Analyses, in conjunction with a UGB decision,may not assume more than a three
percent increase in housing units produced as a result of the adoption of middle housing regulations
unless the local government can show that higher increases have been achievedto date.
The billamends requirements relating to accessory dwelling units (ADUs). The bill states, “’Reasonable
local regulations relating to siting and design’ \[forADUs\] does not include owner-occupancy
requirements of either the primary or accessory structure or requirements to construct additional off-
street parking.” However, such regulations may be applied if the ADU is used for vacation occupancy.
Changes the annual housing production survey required by passage of HB 4006 in 2018. Adds
requirement to report on ADUs and units of middle housing, both for market rate housing and for
regulated affordable units.
Directs the Building Codes Division to develop standardsto facilitateconversions of single-family
dwellings into no more than four residential dwelling units.
Prohibits the establishment ofnewCovenants, Conditions &Restrictions or similar instruments that
would prohibit middle housing or ADUs in a residential neighborhood.
The bill also notes that the department shall prioritize technical assistance to cities or counties with
limited planning staff, or that commit to implementation earlier than the date required by the act.
This fact sheet is intended to summarize key elements of HB 2001. It is not intended to replace a detailed review
of the legislation. For specific bill language, please review the enrolled version of the HB 2001:
https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/HB2001
“HB 2001 is focused on increasing the supply of ‘middle housing’ in Oregon cities–not by limiting construction of
single family homes, but by allowing development of duplexes, triplexes, and quadplexes.Through technical
assistance and resources for local governments, DLCD joins the effortto help create housing opportunities for all
Oregonians.”
-Jim Rue, DLCD Director
For more information visit our website at http://www.oregon.gov/lcd/UP/Pages/Housing-Choices.aspx
DLCD Staff Contacts:With questions about Ethan StuckmayerKevin Young
local implementation – Senior Housing PlannerSenior Urban Planner
Contact your Regional ethan.stuckmayer@state.or.uskevin.young@state.or.us
Representative503-934-0619503-934-0030
6
Updated Nov. 6, 2019
KEY ELEMENTS OF HOUSE BILL 2003
(HousingNeeds)
House Bill2003(HB 2003)allocates $1 million to DLCD to provide technical assistance to local governments to
implement provisions of HB 2003, includinghousing needs analyses.
Housing Needs Analyses RegionalHousing Needs Housing Production Strategy
Elements of bill:
(HNA)Analysis (RNHA)(HPS)
DLCD Required Adoption of Statewide Develop Methodology & Develop Methodology &
Action:ScheduleConduct AnalysisAdopt Rules
State agencies: DLCDOHCS, DLCD, DASDLCD
Analysis completed by
September 1, 2020DLCD Rules adoption
LCDCapprovalby
Significant dates:\[no date specified in bill\]
December 31, 2019
Reportsto Legislature byTarget: Sept.2020
March 1, 2021
All cities with a population All cities with a population
Affected cities:Statewide
greater than10,000greater than 10,000
Earliest HPS deadlines
for cities estimated:
Sept.2023
HNA updaterequirements to
begin ~2 years
Local Government
City submits HPS to DLCD
following the adoption of
none
Deadlines:no more than 20 days after
HPS rules
local adoption
(est. Sept.2022)
DLCD has 120 days for
review
Establishes LCDC
No change tocurrentLCDC
Enforcement: n/aenforcementauthority to
enforcement authority
ensure HPS progress
Key Elements
Regional Housing Needs Analyses(RNHA): Requires multi-agency coordination, led by Oregon Housing and
Community Services, in the development of a needs analysis by region to analyze and quantify the housing
shortage in our state. The housing needs of a region will be determined for a 20 year period. Among other
requirements, the RNHA will include analysis related to the equitable distribution of publicly supported housing
within a region and a housing shortage analysis for each city and Metro.
Housing Needs Analyses: Requires adoption of a statewide schedule for cities with a population greater than
10,000 to update a local Housing Needs Analysis (HNA). Cities within Metro will be required to update HNAs every
six years, cities outside Metro must update every eight years.
Housing Production Strategies: Requires cities with a population greater than 10,000 to prepare and adopt a
housing production strategy, in accordance with rules adopted by DLCD, within one year of each city’s HNA
update deadline. A housing production strategy (HPS) must include a list of specific actions that the city shall
undertake to promote development within the city to address housing needs identified in their HNA.
“The legislative focus on housing options for Oregonians in the 2019 legislative session resulted in new
opportunities for the Department of Land Conservation andDevelopment to partner with and assist local
governments. We look forward to our continued work together to remove barriers to the supply of housing options.”
- Jim Rue, DLCD Director
7
Other Provisions
Allows qualified affordable housing development on public land within an urban growth boundary,
notwithstanding land use regulations, comprehensive plan, or statewide planning goals, subject to certain
requirements.
Clarifies that affordable housingprovided in conjunction with religious uses may be accommodated in
multiple buildings under certain circumstances.
Clarifies limited circumstances in which height and density limitations beyond zoning limits may be
applied to residential development.
Transfers responsibility for administration of theannualhousing production survey required by HB 4006
(2018) of cities above 10,000 population to DLCD.Survey will continue to be administered online.
This fact sheet is intended to summarize key elements of HB 2003. It is not intended to replace a detailed review
of the legislation. For specific bill language, please review theenrolled version of the HB 2003:
https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/HB2003
For more information visit our website at www.oregon.gov/lcd/UP/Pages/Housing-Needs.aspx
DLCD Staff Contacts:With questions about Ethan StuckmayerKevin Young
local implementation – Senior Housing PlannerSenior Urban Planner
Contact your Regional ethan.stuckmayer@state.or.uskevin.young@state.or.us
Representative503-934-0619503-934-0030
8
COUNCIL MEETING MINUTES
FEBRUARY 10, 2020
DATECOUNCILCHAMBERS,CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, FEBRUARY 10, 2020
CONVENEDThe meeting convened at 7:07 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present
Councilor CarneyPresent
Councilor Cornwell Present
Councilor SchaubAbsent
Councilor MorrisPresent
Councilor EllsworthAbsent
Councilor Cabrales Present
Staff Present:City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Economic Development Director Johnk, Operations Director Stultz,
Police Chief Ferraris, Community Relations Manager Guerrero, City Recorder Pierson
ANNOUNCEMENTS
City Hall and the Library will be closed on February 17 for President’s Day. The Aquatic
Center and Transit will be open.
WOODBURN POLICE DEPARTMENT SWEARING-IN CEREMONY
Woodburn Police Chief Ferraris administered the oath of office to new Woodburn Police
OfficerJose Jimenez.
Mayor Swenson called for a 10-minute break.
CONSENT AGENDA
A.Woodburn City Council minutes of January 27, 2020,
B.Building Activity through January 2020,
C.Municipal Judge Employment Agreement.
Morris/Carney… adopt the Consent Agenda. The motion passed unanimously.
COUNCIL BILL NO. 3121 –A RESOLUTION ADJUSTING WASTEWATER
RATES IN ORDER TO MEET REGULATORY REQUIREMENTS, COMPLETE
NECESSARY CAPITAL IMPROVEMENTS AND COMPLY WITH
WASTEWATER BOND COVENANTS; AND SETTING AN EFFECTIVE DATE
OF MARCH 1, 2020
Carneyintroduced Council Bill No. 3121.City Recorder Pierson read the billby title only
since there were no objections from the Council.Assistant City AdministratorRow and
Operations Director Stultz provided a staff report.On roll call vote for final passage, the
bill passed unanimously. Mayor Swenson declared Council Bill No. 3121 duly passed.
COUNCIL BILL NO. 3122 –A RESOLUTION ADOPTING AN UPDATED
LIMITED ENGLISH PROFICIENCY LANGUAGE ACCESS PLAN AND
REPEALING THE PREVIOUSLY ADOPTED PLAN
Carneyintroduced Council Bill No. 3122. City Recorder Pierson read the billby title only
Page 1 - Council Meeting Minutes,February 10, 2020
9
COUNCIL MEETING MINUTES
FEBRUARY 10, 2020
since there were no objections from the Council.Economic Development Director Johnk
provided a staff report. On roll call vote for final passage, the bill passed unanimously.
Mayor Swenson declared Council Bill No. 3122 duly passed.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
APPLICATION DOCUMENTS FOR THE WOODBURN FAMILY RESOURCE
CENTER PROJECT
Economic Development Director Johnk provided a staff report.
Carney/Cabrales…Approve the attached documents related to the Woodburn Family
Resource Center and authorize the City Administrator to execute them and any related
documents. The motion passed unanimously.
CITY ADMINISTRATOR’SREPORT
The City Administrator had nothing to report.
MAYOR AND COUNCIL REPORTS
Councilor Cornwell stated that the State of the City event was well attended and had great
food.
Councilor Cabrales concurred with Councilor Cornwell.
Councilor Carney stated that he heard that it was a very positive event.
Mayor Swenson thanked the community for coming out to the State of the City event and
thanked staff for helping with the tribute to the community.
ADJOURNMENT
Morris/Cornwell… meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:49 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes,February 10, 2020
10
Agenda Item
February 24, 2020
TO:Honorable Mayor and City Council through City Administrator
THRU: James C. Ferraris, Chief of Police
FROM:Andy Shadrin, Lieutenant
SUBJECT:2020 OLCC Renewal
RECOMMENDATION:
RecommendtoOLCCtorenewornotto renew the2020 liquor licenses
forWoodburn outletsas listed in the Staff Report
BACKGROUND:
Annually the police department reviews activities occurring at or near all
licensed liquor establishments in Woodburn. Through the established guidelines
and procedures, the City Council ensures equitable and consistent treatment of
liquor license applications.
Recommend Denial:
The “Full –On Premises Sale” liquor license application for “Tito’s Bar” has been
reviewed and is recommended for denial.
On two previous occasions (April 8, 2019 and August 12, 2019) the City Council
voted to recommend to OLCC that this liquor license application be denied
due to thecriminal convictions of the owner and the owner’s status as a
registered sex offender. The April 8, 2019 and August 12, 2019 Staff Reports are
attached for your review.
Recommend Approval:
The following liquor license applications were reviewed inaccordance with
Woodburn Police Department standards andare recommended for approval:
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
11
Honorable Mayor and City Council
February 24, 2020
Page 2
Off Premise Sales:
7-ElevenSafeway
A & J Market Safeway Store #1976
Bi-Mart #643 Sunrise Food Mart & Deli
C & M MarketTienda Mexicano El Compo Cheque
Carniceria El RanchitoTienda Mexicano Monte Alban
Crossroads Grocery & Deli Valley Pacific Floral/Woodburn Florist
Del Sol MarketWalgreens #12095
EZ Stop Grocery Walmart Supercenter #1793
Fin De Semana Mini MarketWheeler Dealer
Guacamole's MarketWoodburn Fast Serv
La AztecaWoodburn Liquor Store
La Tovara Woodburn Market
Mariscos El SarandeadoWoodburn Mega Foods
New AM/PM of Woodburn Woodburn Stop n Go
Full On Premise Sales:
7 Seas Restaurant & BarLos Cabos Mexican Restaurant
Casa Marquez Mexican Grill Mariscos El Sarandeado
Chipotle Mexican GrillOGA Members Course
Denny's at WoodburnRed Robin Gourmet Burgers and Brews
Eagles Lodge #3284 WoodburnThe End Zone Sports Bar & Grill
El Rodeo Bar & Grill (Closed) The Raven Bar & Grill
Elmer's Breakfast Lunch Dinner Trapala Brewpub & Rotisseria
La TovaraTrapala Restaurant
Limeberry Ely’sWoodburn Bowl
Limited On Premise Sales
Abby's Pizza Inn of Woodburn Pepper’s Deli & Pub
Bar 347Pizza Hut
Dede's Deli Shari's of Woodburn
El Tule TaqueriaSushi Brothers
Gina’s RestaurantWoodburn Estates & Golf
DISCUSSION:
The Woodburn Police Department has completed a review, in connection with
the OLCC, on the above listed businesses and found nothing that would
disqualify or preclude the renewal of the various licenses for the businesses listed
on this document.
12
Honorable Mayor and City Council
February 24, 2020
Page 3
Licensees of Concern
Rumors Bar & Grill
The Raven Bar & Grill
During the 2019 calendar year,the Woodburn Police Department has
responded to the Rumors Bar & Grill on eight separate disturbance and/or fight
calls. Rumors Bar & Grill had the largest numberof disturbance calls for
establishments that serve alcohol.WPD personnel notified the owner of the
establishment of the issue and it has been addressed.
Woodburn Police responded to a significant incident on June 30, 2019, at the
Raven Inn. The incident involved a customer negligently discharging a firearm
and causing injury to himself and a fellow patron while inside the establishment.
FINANCIAL IMPACT:
None
13
14
15
16
17
18
19
Agenda Item
August 12, 2019
TO:Honorable Mayor and City Council through City Administrator
THRU: James C. Ferraris, Chief of Police
FROM:Andy Shadrin, Lieutenant
SUBJECT:Liquor License Application
RECOMMENDATION:
The Woodburn City Council recommends thatthe OLCC doesnotapprove the
Liquor License Application for Tito’s Bar, LLC.
:
BACKGROUND
Applicant: Tito’s Bar, LLC
347 N. Front Street
Woodburn, OR 97071
503-509-4204
Point of
Contact:Ulises Morales
543 Doud Street
Woodburn, OR 97071
503-509-4204
Business:Tito’s Bar, LLC
347 N. Front Street
Woodburn, OR 97071
503-509-4204
Owners: Ulises Morales
Agenda Item Review:City Administrator ______City Attorney ______Finance _____
20
Honorable Mayor and City Council
August 12, 2019
Page 2
LICENSE TYPE:
Full On-Premises Sales, Commercial - Permits distilled spirits, beer, wine,and
cider sales for on premiseconsumption. May sell growlers of beer, wine, and
cider for off-premises consumption.
On July 15, 2019,the Woodburn Police Department received an application for
Full On-Premises Salesliquor license forTito’s Bar, LLC.This establishment
contains a seating area with tables and a bar topwithalcoholsales throughout
the establishmentand is also required to serve food.
Tito’s Bar, LLC is located at 347 North Front Street, Woodburn, Oregon 97071. The
hours of operation are from 11:00 A.M. to 9:00 P.M. Sunday. 11:00 A.M. to 10:00
P.M. Monday through Thursday. 11:00 A.M. to 12:00 A.M.Friday and 11:00 A.M.
to 1:00 A.M. on Saturday. The establishment indicates that there will beno
entertainment either live or recorded.The restaurant has seating for48patrons
with no accommodation for outside seating.The Woodburn Police Department
hasnot received anycommunication from the public or surrounding businesses
in support of or against the proposed change.
DISCUSSION:
Previously this year the Woodburn Police Department had conducted a
background investigation on the same subject and business listed in this OLCC
applicationfor an application of New Outlet, Limited On-Premises Sales liquor
license. On April 8, 2019, arecommendation to not approve the liquor license
for Tito’s Bar LLC, was forwarded to the Woodburn City Council. TheWoodburn
Police Department has completed another background investigationon the
subject(s) listed on the OLCC applicationdue to the new application and
change in liquor license type requested.The owner, Ulises Morales, was found to
have several criminal convictions. The following information remains
unchanged since the last background investigationand there is no new
information available for consideration in this liquor license application:
The following conviction occurred on January 20, 2010, under ten years ago:
Failure to Register as a Sex Offender (Misdemeanor)
21
Honorable Mayor and City Council
August 12, 2019
Page 3
The following convictions occurred more than ten years ago:
DUII (Misdemeanor- February 15, 2000),Criminal Mischief II (Misdemeanor-
February 15, 2000), Sex Abuse III (Felony- October 10, 1998), andCriminal Driving
Suspended/Revoked (Misdemeanor- May 9, 1997).
Ulises Morales was contacted by the Woodburn Police Department on June 24,
2017, in regards to a physical fight between neighbors. The investigating officer
determined in his report that Ulises Morales was intoxicated and engaged in a
physical fight with his neighbors. No arrest was made but at the time of the
initial investigation there was sufficient probable cause to arrest Ulises Morales
for Disorderly Conduct II.
Ulises Morales is aregistered sex offender in the State of Oregon that last
reported on May 17, 2019.
:
FINANCIAL IMPACT
None
22
Agenda Item
April 8, 2019
TO:Honorable Mayor and City Council through City Administrator
THRU: James C. Ferraris, Chief of Police
FROM:Andy Shadrin, Lieutenant
SUBJECT:Liquor License Application
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC doesnotapprove the
Liquor License Application for Tito’s Bar, LLC.
:
BACKGROUND
Applicant: Tito’s Bar, LLC
347 N. Front Street
Woodburn, OR 97071
503-509-4204
Point of
Contact:Ulises Morales
543 Doud Street
Woodburn, OR 97071
503-509-4204
Business:Tito’s Bar, LLC
347 N. Front Street
Woodburn, OR 97071
503-509-4204
Owners: Ulises Morales
Agenda Item Review:City Administrator ______City Attorney ______Finance _____
23
Honorable Mayor and City Council
April 8, 2019
Page 2
LICENSE TYPE:
New Outlet, Limited On-Premise Sales -Permits beer, wine,and cider sales for on
premise consumption. May sellkegs of beer and growlers of beer, wine, and
cider for off-premises consumption.
On March 18, 2019,the Woodburn Police Department received an application
for Limited On-Premise Salesliquor license forTito’s Bar, LLC.This establishment
contains a seating area with tables and a bar topwithalcoholsales throughout
the establishmentand is also required to serve food.
Tito’s Bar, LLC will belocated at 347 North Front Street, Woodburn, Oregon
97071. The hours of operation are from 11:00 A.M. to 9:00 P.M. Sunday. 11:00
A.M. to 10:00 P.M. Monday through Thursday. 11:00 A.M. to 12:00 A.M.Friday
and 11:00 A.M. to 1:00 A.M. on Saturday. The establishment indicates that there
will beno entertainment either live or recorded.The restaurant has seating for 48
patrons with no accommodation for outside seating. The Woodburn Police
Department hasnot received anycommunication from the public or
surrounding businesses in support of or against the proposed change.
DISCUSSION:
TheWoodburnPolice Department has completed a background investigation
on the subject(s) listed on the OLCC application. Ulises Morales was found to
have several criminal convictions.
The following conviction occurred on January 20, 2010, under ten years ago:
Failure to Register as a Sex Offender (Misdemeanor)
The following convictions occurred more than ten years ago:
DUII (Misdemeanor- February 15, 2000),Criminal Mischief II (Misdemeanor-
February 15, 2000), Sex Abuse III (Felony- October 10, 1998), andCriminal Driving
Suspended/Revoked (Misdemeanor- May 9, 1997).
Ulises Morales was contacted by the Woodburn Police Department on June 24,
2017, in regards to a physical fight between neighbors. The investigating officer
determined in his report that Ulises Morales was intoxicated and engaged in a
physical fight with his neighbors. No arrest was made but at the time of the
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Honorable Mayor and City Council
April 8, 2019
Page 3
initial investigation there was sufficient probable cause to arrest Ulises Morales
for Disorderly Conduct II.
Ulises Morales is aregistered sex offender in the State of Oregon that last
reported on May 18, 2018.
:
FINANCIAL IMPACT
None
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Agenda Item
February 24, 2020
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
SU
BJECT:Intergovernmental Agreement with Marion County for Building
Division services
RECOMMENDATION:
Authorizethe City Administrator to sign a new Intergovernmental Agreement
(IGA) with Marion County for building inspection and plan review services.
BACKGROUND AND DISCUSSION:
The Marion CountyBuilding Department has requested to renew an IGA with
the City.The new IGA is similar to the previous IGA with Marion County. The
main revisions are an increase to the hourly rate from $65 perhour to $100 per
hour, and reformatting to a new Marion County template clarifying the
relationship of the parties.
FINANCIAL IMPACT:
The financial impact is minimal.
Agenda Item Review:CityAdministrator ______CityAttorney ______
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Agenda Item
February24, 2020
TO:Honorable Mayor and City Council
FROM:John Hunter,Library Manager
SUBJECT:Elimination of Overdue Fines for Most Library Materials
RECOMMENDATION:
Discontinue the imposition of Library fines for overdue books, magazines and
DVDs in the Child, Teen and Adult collectionsand waive the existing fines for these
materials.
BACKGROUND:
Acting on authorization fromthe City Council, on April 1, 2019 the Library began
a one-year trial in whichit no longer charged overdue fines on circulating
materials in the Child and Teen collections. Additionally, the Library waived all
existing overdue fines that had accrued on Child and Teen materials as an
incentive for families withhigh fines to resume borrowing.
The change in practicewas supportedby a growing body of research that
indicates the threat of accumulating fines for overdue materials is keeping low-
income families away from libraries or from borrowingitems.The American Library
Association lists “promoting the removal of all barriers to library and information
services, particularly fees and overdue charges” in first place as a means of
facilitating library services to the poor.Asthe Census indicates23.7 percent of
Woodburn’s population lives in poverty, best practice would suggestthat most
overdue finesshouldbe waived and eliminated permanently.
DISCUSSION:
The youth overdue fine elimination trialhas been a qualitative success.Patron
perception of the programas expressed to Library staff has been very positive.
Library card registrations are increasing, and Library use is stable even as external
forces such as digital disruption and apolitical environment that is hostile to
minority communities adversely affectLibrary usage. Potential negative impacts,
such as materials not being returned on a timely basis or at all, have not occurred.
Agenda Item Review:City Administrator __X__City Attorney __X__Finance __X__
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Honorable Mayor and City Council
February 24, 2020
Page 2
The Library continues to charge fines for damaged and/or lost materials, and
would continue to do soeven if overdue fines are eliminated.
Quantitative analysis of the elimination of youth overdue fines is complicated by
a change in Library cooperative practicethat also began in April 2019: the
automatic renewal of Library materials whenever possible. Prior to April 2019, any
borrowed item that was returned late would accrue a fine of 25¢per day;
subsequently that item renews automaticallyunless it is on hold for another patron
or has reached a maximum number of renewals. This change has had the effect
of doubling renewals, whichis beneficial to circulationtotals, but ithas also
reduced the amount of overdue finesthat are generated and collected. How
much of the overallreduction is due to the elimination of youth overdue fines,
and how much is due to automatic renewals is impossible to know.
OnJanuary 8, 2020, the Woodburn Library Board passed a motion recommending
the elimination of overdue fines for all library materials on a permanent basis.
:
FINANCIAL IMPACT
Overdue fines collected by the Library are combined in one account with
charges for photocopies and printouts,replacement library cards,and for
damage to library materials. Library fines in aggregaterepresented an offset of
<2 percent of total library expenses in each of the past fourfiscal years:
Woodburn Public Library Budget
TotalFine*% of% of
FYExpensesRevenueExpLost BooksExp
2016806,208.05$ $ 14,731.821.83%2,946.62$ 0.37%
2017855,534.04$ $ 13,799.091.61%4,278.73$ 0.50%
2018872,779.78$ $ 11,819.611.35%2,823.17$ 0.32%
2019917,277.18$ $ 10,438.641.14%1,265.33$ 0.14%
2020 YTD$ 431,869.25 $ 1,951.36 0.45%668.01$ 0.15%
As anticipated, library fines in aggregate have decreased substantially, but
within the expected amount ofless than $1,000 per month.As discussed above,
it is impossible to discern what amount of the decrease in fine revenue is
attributable to the elimination ofyouth overdue fines and what amount is
attributable to the automatic renewal of library materials. Regardless, the
amount of library fines being collected now is such a small amount that the
elimination of all overdue fines would have a negligible financial impact.
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CDBG G ENTER C ESOURCE R AMILY F OODBURN W PPLICATION A RANT
W 970 Cascade Drive•Love INC•Project Overview•ENTER C ESOURCE R AMILY F OODBURN
W Letters of Support and Intent•Needs Analysis•Application Status•ENTER C ESOURCE R AMILY F OODBURN
W Project Monitoring•December 2020site-Client Services On•August 2020Purchase Property•July 2020Exercise Option •July 2020Notice of Award •April 2020Application Due •Next Steps:•ENTER
C ESOURCE R AMILY F OODBURN