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February 8, 2020 Agenda ERIC SWENSON,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I ALICE SWANSON,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V FEBRUARY 8, 2021— 7:00 P.M. BENITO PUENTE JR.,COUNCILOR WARD VI VIA VIDEO CONFERENCING 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Recognition of Julie Moore B. Recognition of Jerry Cotter and WCAT Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. COVID-19 Update 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800) 735-1232, con un minimo de 48 horas, antes de la reuni6n. **Habra int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** February 8, 2021 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 January 25, 2021 1 Recommended Action: Approve the minutes. B. 2021 OLCC Renewal 4 Recommended Action: Recommend to the OLCC to renew the liquor licenses for the listed businesses for the year of 2021 . C. Liquor License Application for Tequila's Bistro Bar, I.I.C. 13 Recommended Action: Recommend that the OLCC approve the Liquor License Application for Tequila's Bistro Bar, LLC. D. Building Activity for January 2021 15 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 may be limited by Mayoral prerogative. A. Council Bill No. 3142-A Resolution Approving the Change of Indirect 26 Control of the Franchisee, Wavedivision VII, LLC, Under the Cable Television Franchise Recommended Action:Adopt the Resolution Approving the Change in Indirect Control of the Wave Franchisee under the Cable Television Franchise. B. Award of Construction Contract for the Sixth Street Sanitary Sewer 42 Replacement Project Recommended Action: Award the construction contract for the Sixth Street Sanitary Sewer Replacement Project to the lowest responsible and responsive bidder, Icon Construction & Development LLC, in the amount of $98,830.00. February 8, 2021 Council Agenda Page ii C. Smith Creek Parks Naming Process 44 Recommended Action:Approve a process for naming the public parks that have already orwill soon be coming into City ownership through the completion of the Smith Creek Residential Development. 12. OTHER BUSINESS A. Continuation of the Goal Setting Process Discussion 13. 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. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION None. 17. ADJOURNMENT COUNCIL GOALS 2019-2021 Thematic Goals 1. Create an inclusive environment where residents participate and are engaged in the community(thatis 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. February 8, 2021 Council Agenda Page iii 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 8, 2021 Council Agenda Page iv COUNCIL MEETING MINUTES JANUARY 25, 2021 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 25, 2021 CONVENED The meeting convened at 7:04 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present-via video conferencing Councilor Carney Present-via video conferencing Councilor Cornwell Present-via video conferencing Councilor Schaub Present-via video conferencing Councilor Swanson Present-via video conferencing 7:07 p.m. Councilor Puente Present-via video conferencing Councilor Cabrales Present-via video conferencing Staff Present (via video conferencing): City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Economic Development Director Johnk,Police Chief Ferraris, Deputy Police Chief Pilcher, Community Development Director Kerr, Public Works Project and Engineering Director Litjequist, Finance Director Turley, Assistant City Attorney Granum, Human Resources Director Gregg, Parks and Recreation Manager Cuomo, City Recorder Pierson PRESENTATIONS COVID-19 Vaccine Status - Parks and Recreation Manager Cuomo provided an update on COVID-19 in Woodburn. Parr Road Municipal Water Supply Well Project - Public Works Project and Engineering Director Litjequist and Assistant City Administrator Row provided information on the Parr Road Municipal well project. CONSENT AGENDA A. Woodburn City Council minutes of January 11, 2021, B. Acceptance of a Statutory Warranty Deed for Right-of-Way Dedication and a Public Utility Easement at 1414 Commerce Way, Woodburn, OR 97071 (Tax Lot 051 W08CB05000), C� Crime Statistics through December 2020. Carney/Cabrales.... adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARINGS A Public Hearing to consider input on an annexation of approximately 8.62 acres of territory known as the Ivanov Property at 2145 Molalla Rd NE (ANX 2019-01) and approval of related land use applications for development into the Woodburn Eastside Apartments. Mayor Swenson declared the hearing open at 7:49 p.m. for the purpose of hearing public input on an annexation of approximately 8.62 acres of territory known as the Ivanov Property at 2145 Molalla Rd NE(ANX 2019-01) and approval of related land use applications for development into the Woodburn Eastside Apartments. Mayor Swenson asked if there were any declarations from the Council. Councilor Carney stated that he is familiar with this location. City Recorder Pierson Read the public hearing statement. Senior Planner Cortes provided a staff report. Mark Grenz provided testimony on the application. No members of the public wished to speak in either support or opposition of the annexation of approximately 8.62 acres of territory known as the Ivanov Property at 2145 Molalla Rd NE (ANX 2019-01) and approval of related land use applications for Page 1 - Council Meeting Minutes, January 25, 2021 1 COUNCIL MEETING MINUTES JANUARY 25, 2021 development into the Woodburn Eastside Apartments. City Councilors asked questions and provided comments on the application and stated their concerns over the traffic impacts of this application. Carney/Swanson ... this hearing be extended to the first meeting in March or thereabouts based upon the conditions that the developer encounters with ODOT and his communication with our community development department. On roll call vote the motion passed 5-1 with Councilor Schaub voting no. FY 2021/22 FINANCIAL PLAN City Administrator Derickson provided a staff report. Carney/Schaub... approve the 2021/22 Financial Plan as described in the information just presented by the City Administrator. The motion passed unanimously. OTHER BUSINESS City Administrator Derickson provided a follow up on the discussion on goals that the City Council had at their last meeting. These goals included COVID-19 recovery, Public Safety and Social Service Program Development, DEI training, Sidewalk and Tree Planting Program and continuing with work sessions. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • The $100 gift cards have gone out and are being distributed through the AWARE food bank. • Summer events are being looked at and we are brainstorming some alternative events for this year. • Translation Service went okay but we are still looking to refine it. • The City has won the GFOA award for the financial documents submitted. • Providing new Councilors with training and thanked them for attending. MAYOR AND COUNCIL REPORTS Councilor Puente stated that he is thankful for the community and everyone working together to move Woodburn forward. Councilor Schaub thanked Councilor Puente for his suggestion of each Ward meeting with their constituents. Mayor Swenson stated that he is working with Tommy on the State of the City address. ADJOURNMENT Carney/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:16 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder Page 2 - Council Meeting Minutes, January 25, 2021 2 COUNCIL MEETING MINUTES JANUARY 25, 2021 City of Woodburn, Oregon Page 3 - Council Meeting Minutes, January 25, 2021 3 Iii♦ 4 B V' February 8, 2021 TO: Honorable Mayor and City Council through City Administrator THRU: James C. Ferraris, Chief of Police FROM: Andy Shadrin, Lieutenant SUBJECT: 2021 OLCC Renewal RECOMMENDATION: Recommend to the OLCC to renew the liquor licenses for the listed businesses for the year of 2021 . 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. The following liquor license applications were reviewed in accordance with Woodburn Police Department standards and are recommended for approval: Off Premise Sales: 7-Eleven New Am/Pm of Woodburn A & J Market Red Robin Bi-Mart #643 Safeway Store #1976 Carniceria EI Ranchito Sunrise Food Mart & Deli C & M Market Tienda Mexicano Monte Alban Crossroads Grocery & Deli Valley Pacific Floral/Woodburn Florist Del Sol Market Walgreens #12095 Denny's Woodburn Walmart Supercenter #1793 EZ Stop Grocery Wheeler Dealer Guacamole's Market Woodburn Fast Sery La Azteca Woodburn Liquor Store Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 4 Honorable Mayor and City Council February 8, 2021 Page 2 La Tovara Woodburn Market Mariscos EI Sarandeado Woodburn Mega Foods Metropolis Growlers Woodburn Stop n Go Full On Premise Sales: 7 Seas Restaurant & Bar Red Robin Casa Marquez Mexican Grill Mariscos EI Sarandeado Chipotle Mexican Grill OGA Members Course Denny's Woodburn Rumors Bar and Grill Eagles Lodge #3284 Woodburn The End Zone Sports Bar & Grill Elmer's Breakfast Lunch Dinner The Raven Bar & Grill La Parranda Night Club Trapala Brewpub & Rotisseria La Tovara Trapala Restaurant Los Cabos Mexican Restaurant Woodburn Bowl Limited on Premise Sales Abby's Legendary Pizza Metropolis Growlers Antojitos Zaragoza Pepper's Deli & Pub Dede's Deli Shari's of Woodburn EI Tule Taqueria Sushi Brothers Gina's Restaurant Woodburn Estates & Golf Pizza Hut Woodburn Mega Foods DISCUSSION: The Woodburn Police Department has completed a review, in connection with the OLCC, on the listed businesses above and found nothing that would disqualify or preclude the renewal of the various licenses for the businesses listed on this document. 5 Honorable Mayor and City Council February 8, 2021 Page 3 Licensees of Concern The End Zone Sports Bar & Grill La Parranda Night Club DISCUSSION: During the 2020 calendar year, the Woodburn Police Department has responded to The End Zone Sports Bar & Grill on one assault call and has conducted three Driving Under the Influence arrests where the arrested subject indicated that they had been drinking at The End Zone Bar & Grill prior to being arrested for DUIL During the 2020 calendar year, the Woodburn Police responded to La Parranda Night Club on three calls where fights had occurred in the parking lot by the patrons of the business. FINANCIAL IMPACT: None 6 City of Woodburn attn: Sandra Montoya WOODBURN 270 Montgomery St Woodburn, OR 97071 RENEWAL NOTIFICATION PROCESS It's time again for liquor license renewals in your area. Liquor licenses are due to expire 3131/2021. Attached is the list of licensees who are required to submit their renewal application to local governmen for comment. According to our records you charge: $35.00 Renewal Fee for ON-PREMISES $35.00 Renewal Fee for OFF-PREMISES We told applicants to mail your local government fees to the address on this letter. PLEASE NOTIFY US IMMEDIATELY IF THE FEE(S) OR ADDRESS ARE INCORRECT HOW TO MAKE A RECOMMENDATION You have until 3/10/2021 to make your recommendation. Below are your options for renewals: RECOMMEND APPROVAL 1. DO NOTHING. If you do not submit a recommendation by 3/10/2021, the OLCC will process the renewal application as a favorable recommendation. RECOMMEND DENIAL (see additional information on page 2) 1. File an unfavorable recommendation, stating the grounds for the unfavorable (must meet the denial criteria on back of form); OR 2. Make a written request for additional time to complete an investigation. The request must state: 1) y are considering making an unfavorable recommendation; 2) the specific grounds being considered. The grounds must be one referenced in Oregon Administrative Rule 845-005-0308(3). If your request is granted you will be given a 45-day extension to file your unfavorable recommendation. Unfavorable means recommending denial of a license or requesting restrictions be placed on a license. If you need assistance or would like to discuss a specific application, please contact your local OLCC office for help. Please send renewal recommendation correspondence to OLCC.Renewals@oregon.gc or OLCC License Renewals, P.O. Box 22297, Portland, OR 97269-2297. If you have questions, conta( our license renewal section at 503.872.5138 or toll free at 1.800.452.6522 ext 25138. 7 REASONS WE MAY DENY OR RESTRICT A LICENSE ORS 471.313(4)(5), OAR 845-005-0320, 845-005-0321, 845-005-0322 845-006-0325, 845-005-0326(4)(5) or 845-005-0355 The following is a list of problems relating to the APPLICANT or BUSINESS that OLCC can consider to refuse or restrict a license: 1. Applicant has a habit of using alcohol or drugs to excess 2. Applicant makes a false statement to OLCC (must be related to a refusal basis) 3. Applicant has been convicted of local, state or federal laws that are substantially related to the fitness of holding a liquor license 4. Applicant has demonstrated poor moral character 5. Applicant has a poor record of compliance when previously licensed by OLCC 6. Applicant is not the legitimate owner of the business 7. The business has a history of serious and persistent problems at this location. The problems can include: obtrusive or excessive noise, music or sound vibrations public drunkenness fights or altercations harassment unlawful drug sales alcohol or related litter OLCC is not able to consider the following issues when deciding to renew a liquor license: lack of parking increase in traffic too many licenses in a specific area (saturation) entertainment type - nude dancing, gambling, live bands, etc. increased noise zoning issues Visit www.oregon.gov/olcc/to see the full text of ORS and OAR referenced above. In ordl for an unfavorable recommendation from a local government to be valid, the grounds mus be found in the license refusal bases of ORS 471.313(4), 471.313(5), OAR 845-005-0320 845-005-0321, 845-005-0322, 845-005-0325 or 845-005-0326(4)(5) or the license restriction bases of OAR 845-005-0355, and must be supported by reliable factual information. 8 District 2 Renewals WOODBURN Page 1 License No./ Premises No. Tradename/Licensee/License Type Premises Address&Phone Premises Mailing Address Lic. 307396 7 SEAS RESTAURANT&BAR 595 N PACIFIC HWY STE B PO BOX 264 Prem. 23121 SOTERO ENCISO CHAVEZ WOODBURN, OR 97071 WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-868-1167 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308558 7-ELEVEN STORE#2362-17416C 893 N PACIFIC HWY PO BOX 219088 Prem. 3101 BZO WOODBURN LLC WOODBURN, OR 97071 DALLAS,TX 75221 0-OFF-PREMISES SALES 503-981-4774 — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308942 A&J MARKET 134 HARRISON ST Prem. 40170 THAPAS CORPORATION WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-981-9093 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 315105 ABBY'S LEGENDARY PIZZA 1215 N PACIFIC HWY 2722 NE STEPHENS ST Prem. 3092 ABBY'S INC AN ARIZONA CORPORATIC WOODBURN, OR 97071 ROSEBURG, OR 97470 L-LIMITED ON-PREMISES SALES 503-981-5494 — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 305993 ANTOJITOS ZARAGOZA 611 N PACIFIC HWY Prem. 61005 FLAVIA ZARAGOZA WOODBURN, OR 97071 L-LIMITED ON-PREMISES SALES 503-981-0797 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 306893 BI-MART#643 1600 MT HOOD AVE PO BOX 2310 Prem. 19239 BI-MART CORP WOODBURN, OR 97071 EUGENE,OR 97402 O-OFF-PREMISES SALES 503-981-2106 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308417 C&M MARKET 936 N PACIFIC HWY Prem. 44992 PR BROTHERS CORP WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-982-6000 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307207 CARNICERIA EL RANCHITO 977 N PACIFIC HWY Prem. 49761 CARNICERIA EL RANCHITO LLC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-981-3060 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307402 CASA MARQUEZ MEXICAN GRILL 553 FRONT ST Prem. 40496 ENRIMAR GROUP LLC WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-981-3962 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307160 CHIPOTLE MEXICAN GRILL 3001 NEWBERG HWY PO BOX 182566 Prem, 56885 CHIPOTLE MEXICAN GRILL INC WOODBURN, OR 97071 COLUMBUS, OH 43218 F-COM-FULL ON-PREMISES SALES — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308142 CROSSROADS GROCERY&DELI 303 N PACIFIC HWY 495 IRONWOOD TERR Prem. 12113 SOON I. LEE WOODBURN, OR 97071 WOODBURN, OR 97071 0-OFF-PREMISES SALES — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 309366 DEDE'S DELI 1537 MT HOOD AVE#101 92 CENTENNIAL LOOP Prem. 43582 CJ EATERIES LLC WOODBURN, OR 97071 EUGENE, OR 97401 L-LIMITED ON-PREMISES SALES 541-520-8383 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 311023 DEL SOL MARKET 397 N FRONT ST Prem. 48356 SNY LLC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-981-1441 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 310922 DENNY'S WOODBURN 2919 NEWBERG HWY Prem, 24782 WOODBURN-DENN LLC WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-901-9738 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 316417 DENNY'S WOODBURN 2919 NEWBERG HWY Prem. 24782 WOODBURN-DENN LLC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-901-9738 9 District 2 Renewals WOODBURN Page 2 License No./ Premises No. Tradename/Licensee/License Type Premises Address& Phone Premises Mailing Address Lie. 307389 EAGLES LODGE#3284 WOODBURN 371 S PACIFIC HWY PO BOX 782 Prem. 2233 EAGLES LODGE#3284 WOODBURN WOODBURN, OR 97071 WOODBURN, OR 97071 F-CLU-FULL ON-PREMISES SALES 503-981-3011 — — — — — — — — — — — — — — — — — — — — — — — — Lic. 309161 EL TULE TAQUERIA 450 N FIRST ST Prem. 42438 VICENTA ZARAGOZA CABRERA WOODBURN, OR 97071 L-LIMITED ON-PREMISES SALES 503-981-9000 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lie. 307348 ELMER'S BREAKFAST LUNCH DINNER 255 N ARNEY RD 8338 NE ALDERWOOD RD#1 i Prem. 35961 ELMER'S RESTAURANTS INC WOODBURN, OR 97071 PORTLAND,OR 97202 F-COM-FULL ON-PREMISES SALES 503-363-3950 — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 306819 EZ STOP GROCERY&DELI 111 N FRONT ST Prem. 27173 BAAJ CORPORATION WOODBURN, OR 97071 O-OFF-PREMISES SALES 503-981-9039 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lie. 307589 GINA'S RESTAURANT 1186 N PACIFIC HWY Prem. 57808 CHUN LIU HUANG WOODBURN, OR 97071 L-LIMITED ON-PREMISES SALES 503-981-3868 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307530 GUACAMOLE'S MARKET 1335 N PACIFIC HWY Prem. 54932 GUACAMOLE'S MARKET INC WOODBURN, OR 97071 O-OFF-PREMISES SALES 503-981-3131 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lie. 307636 LA AZTECA 153 GRANT ST Prem. 40292 LA AZTECA INC WOODBURN, OR 97071 O-OFF-PREMISES SALES 971-207-5810 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 306429 LA PARRANDA NIGHTCLUB 990 N PACIFIC HWY STE B&C 2244 SHELTON ST SE Prem. 51477 LA PARRANDA NIGHTCLUB&SPORTS WOODBURN, OR 97071 SALEM, OR 97301 F-COM-FULL ON-PREMISES SALES 503-984-8596 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307350 LA TOVARA 1032 N PACIFIC HWY 2158 LANCASTER DR NE Prem. 57547 EL TORITO MEAT MARKET WOODBURI WOODBURN, OR 97071 SALEM, OR 97305 0-OFF-PREMISES SALES 503-981-7361 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lie. 307356 LA TOVARA 1032 N PACIFIC HWY 2158 LANCASTER DR NE Prem, 57548 EL TORITO MEAT MARKET WOODBURI WOODBURN, OR 97071 SALEM,OR 97305 F-COM-FULL ON-PREMISES SALES 503-981-7361 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lie. 309319 LOS CABOS MEXICAN RESTAURANT 1565 N PACIFIC HWY Prem. 35320 LOS CABOS RESTAURANT INC WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-982-9600 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lie. 308872 LOS CUATRO HERMANOS MEXICAN R 152 GARFIELD ST 430 N IST ST Prem. 54010 TRAPALA BREWPUB&ROTISSERIA LL, WOODBURN, OR 97071 WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-982-4614 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307761 MARISCOS EL SARANDEADO 320 N PACIFIC HWY#110 Prem. 51541 MARISCOS EL SARANDEADO MEXICAN WOODBURN, OR 97071 O-OFF-PREMISES SALES 503-982-1717 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307768 MARISCOS EL SARANDEADO 320 N PACIFIC HWY#110 Prem. 51541 MARISCOS EL SARANDEADO MEXICAN WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-982-1717 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 316051 METROPOLIS GROWLERS 347 N FRONT ST#7 Prem. 59232 METROPOLIS LLC WOODBURN, OR 97071 L-LIMITED ON-PREMISES SALES 503-989-2318 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 10 District 2 Renewals WOODBURN Page 3 License No./ Premises No. Tradename/Licensee/License Type Premises Address& Phone Premises Mailing Address Lic. 320300 METROPOLIS GROWLERS 347 N FRONT ST#7 Prem. 59232 METROPOLIS LLC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-989-2318 — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308172 NEW AM PM OF WOODBURN 850 LAWSON AVE Prem. 40230 LB GROUP LLC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-982-2131 — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 318924 OGA GOLF COURSE INC 2850 HAZELNUT DR Prem, 22946 OGA GOLF COURSE INC WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-981-4653 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 309218 PEPPER'S DELI&PUB 1088 N PACIFIC HWY 1850 HOFFMAN RD NE Prem. 57730 WEST COAST CAR SALES LLC WOODBURN, OR 97071 SALEM, OR 97305 L-LIMITED ON-PREMISES SALES 503-304-8255 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308414 PIZZA HUT 1425 MOUNT HOOD 208 S MAIZE RD Prem. 18679 PIZZA HUT OF SE KANSAS INC WOODBURN, OR 97071 WICHITA, KS 67209 L-LIMITED ON-PREMISES SALES 503-982-3333 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308470 RED ROBIN GOURMET BURGERS AND 3060 SPRAGUE LANE 6312 S FIDDLER'S GREEN CIF Prem. 54703 RED ROBIN INTERNATIONAL INC WOODBURN, OR 97071 GREENWOOD VILLAGE, CO E F-COM-FULL ON-PREMISES SALES 503-980-1598 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 315895 RED ROBIN GOURMET BURGERS AND 3060 SPRAGUE LANE 6312 S FIDDLER'S GREEN CIF Prem. 54703 RED ROBIN INTERNATIONAL INC WOODBURN, OR 97071 GREENWOOD VILLAGE, CO E 0-OFF-PREMISES SALES 503-980-1598 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308494 RUMOR'S BAR&GRILL 327 N PACIFIC HWY 1250 NEWBERG HWY Prem. 2288 RUMORS BAR INC WOODBURN, OR 97071 WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-932-3942 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308789 SAFEWAY STORE#1976 1550 N PACIFIC HWY PO BOX 29096 Prem. 36483 SAFEWAY INC WOODBURN, OR 97071 PHOENIX,AZ 85038 0-OFF-PREMISES SALES 503-982-2756 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 309409 SHARI'S OF WOODBURN 1543 MT HOOD AVE 9400 SW GEMINI DR Prem. 36779 SHARI'S MANAGEMENT CORP WOODBURN, OR 97071 BEAVERTON, OR 97008 L-LIMITED ON-PREMISES SALES 503-605-4299 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307934 SUNRISE FOOD MART&DELI 695 N SETTLEMIER AVE Prem. 3091 G S MALWA INC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-981-6378 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307704 SUSHI BROTHERS 111 N ARNEY RD STE B 2830 SE 136TH PL Prem. 59824 MJ BROTHER INC WOODBURN, OR 97071 PORTLAND, OR 97236 L-LIMITED ON-PREMISES SALES 503-981-3838 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 309038 THE END ZONE SPORTS BAR AND GRI 980 N PACIFIC HWY 439 NE 19TH AVE Prem. 2290 TAYZAC LLC WOODBURN, OR 97071 CANBY, OR 97013 F-COM-FULL ON-PREMISES SALES 503-981-3663 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308453 THE RAVEN BAR&GRILL 262 N PACIFIC HWY 7976 CLEARLAKE CT N Prem. 8541 THE RAVEN INN INC WOODBURN, OR 97071 KEIZER, OR 97303 F-COM-FULL ON-PREMISES SALES 503-982-2951 — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308971 TIENDA MEXICANA MONTE ALBAN 425 N 1 ST ST Prem. 59988 TIENDA MEXICANA MONTE ALBAN LLC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-970-0714 11 District 2 Renewals WOODBURN Page 4 License No./ Premises No. Tradename/Licensee/License Type Premises Address& Phone Premises Mailing Address Lic. 308972 TIENDA MEXICANA MONTE ALBAN 311 N FRONT ST SUITE B Prem. 54609 TIENDA MEXICANA MONTE ALBAN LLC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-972-0714 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308870 TRAPALA RESTAURANT 430 N 1 ST ST Prem. 51907 TRAPALA RESTAURANT LLC WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-981-3000 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 310027 VALLEY PACIFIC FLORAL/WOODBUR 1537 MT HOOD AVE#103 Prem. 50471 VALLEY PACIFIC FLORAL& INTERIORS WOODBURN, OR 97071 O-OFF-PREMISES SALES 503-981-1702 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 309186 WALGREENS#12095 1000 N EVERGREEN RD PO BOX 901 Prem. 48086 WALGREEN CO WOODBURN, OR 97071 DEERFIELD, IL 60015 0-OFF-PREMISES SALES 503-982-8198 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 306943 WALMART#1793 3002 STACY ALLISON WAY 702 SW 8TH ST MS 0500 Prem. 37011 WALMART INC WOODBURN, OR 97071 BENTONVILLE,AR 72716 O-OFF-PREMISES SALES 503-981-9622 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307995 WHEELER DEALER 1750 MT JEFFERSON AVE 862 CUMMINGS LN N Prem. 60205 J&B LIQUIDATORS INC WOODBURN, OR 97071 KEIZER,OR 97303 O-OFF-PREMISES SALES 503-982-5553 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 310304 WOODBURN BOWL 435 N PACIFIC HWY Prem. 11528 WOODBURN BOWL LLC WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-981-1500 — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 307125 WOODBURN ESTATES&GOLF/COUN 1776 COUNTRY CLUB RD Prem. 50223 COUNTRY COTTAGE RESTAURANT LL( WOODBURN, OR 97071 L-LIMITED ON-PREMISES SALES 503-982-1776 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 309104 WOODBURN FAST SERV 993 LAWSON AVE 111 SE 3RD AVE STE F Prem. 18759 WOODBURN FAST SERV INC WOODBURN, OR 97071 HILLSBORO, OR 97123 0-OFF-PREMISES SALES 503-981-0991 — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308232 WOODBURN LIQUOR STORE 1515 N PACIFIC HWY Prem. 57732 OLC SPIRITS&MORE INC WOODBURN, OR 97071 O-OFF-PREMISES SALES 503-981-1227 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 309129 WOODBURN MARKET 398 N PACIFIC HWY Prem. 47904 WOODBURN MARKET INC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-982-4552 Lic. 306848 WOODBURN MEGA FOODS 1542 MT HOOD AVE 3695 DEVONSHIRE AVE NE Prem, 21011 B& E4 LLC WOODBURN, OR 97071 SALEM, OR 97305 0-OFF-PREMISES SALES 503-981-3735 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 318335 WOODBURN MEGA FOODS 1542 MT HOOD AVE 3695 DEVONSHIRE AVE NE Prem. 21011 B& E4 LLC WOODBURN, OR 97071 SALEM, OR 97305 L-LIMITED ON-PREMISES SALES 503-981-3735 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lic. 308277 WOODBURN STOP N GO 100 ARNEY RD Prem. 16952 O'DONNELL ENTERPRISES INC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-981-5833 Count for WOODBURN 59 12 Iii♦ 4 B V' February 8, 2021 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: Recommend that the OLCC approve the Liquor License Application for Tequila's Bistro Bar, LLC. BACKGROUND: Applicant: Elizabeth Sonia Garcia 355 Harvard Drive Woodburn, OR 97071 503-989-6719 Point of Contact: Elizabeth S. Garcia 355 Harvard Drive Woodburn, OR 97071 503-989-6719 Business: Tequila's Bistro Bar 347 North Front Street, # 3 Woodburn, OR 97071 503-989-6719 Owner(s): Elizabeth Sonia Garcia Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x- 13 Honorable Mayor and City Council February 8, 2021 Page 2 License Type(s): Full On-Premises, Commercial - May sell and serve distilled spirits, beer, wine and cider for consumption on the licensed premises. May sell beer, wine, and cider in a secure container, "growler", for consumption off licensed premises On January 4, 2021 , the Woodburn Police Department received an application for Full On-Premises, Commercial sales liquor license for Tequila's Bistro Bar. The business will operate as a restaurant and bar. The business will be located at 347 North Front Street, # 3, in Woodburn, Oregon 97071 . The location of the business will be located in the shared indoor business space of The Metropolis Marketplace. The hours of operation are from 7 AM to 12 AM on Sunday through Thursday and 7 AM to 1 AM on Friday and Saturday. The establishment will have live music, recorded music, DJ music and dancing as forms of entertainment. Live and/or DJ music will occur on Friday and Saturday between 5 PM and 12 AM. The business will have seating for up to 50 persons for its restaurant. The business will have no outside seating but does indicate seating for an additional 300 persons in a banquet room. The Woodburn Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigation on the subject listed on the OLCC application, Elizabeth Sonia Garcia. Elizabeth Sonia Garcia has a valid Oregon driver's license. Elizabeth Sonia Garcia has one arrest in 2008 for Theft III. The theft charge was dismissed and there were no other criminal entries or convictions found in her record. Elizabeth Sonia Garcia was clear in all other police database checks. Elizabeth Sonia Garcia has previously held two other liquor licenses for the EI Agave Restaurant in 2012 and 2013. While Elizabeth Sonia Garcia maintained her liquor licenses at the EI Agave Restaurant there were no incidents of note involving liquor license violations or police calls. FINANCIAL IMPACT: None 14 CITY OF WOODBURN Economic and Development Services Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: February 1, 2021 To: Chris Kerr, Community Development Director From: Ted Cuno, Building Divisio / �- Subject: Building Activity for January 2021 2019 2020 2021 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 1 $196,472 3 $782,044 15 $3,908,937 Multi-Family Residential 0 $0 0 $0 1 $2,558,803 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds &Alts 2 $13,500 1 $19,712 2 $12,509 Industrial 0 $0 0 $0 0 $0 Commercial 5 $1,904,593 6 $9,625,740 1 $100,000 Signs and Fences 0 $0 0 $0 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 8 $2,114,565 10 $10,427,496 19 $6,580,249 Fiscal Year to Date(July 1 — June 30) $26,116,685 $14,555,077 $23,797,416 1:\Community Development\Building\Building Activity\B1dgAct-2020\memo-2021-I January.doc 15 WOODBURN BUILDING DEPARTMENT 270 Montgomery Street ;t Permits Issued Woodburn,OR97071 BURN 503-982-5246 FAX: 503-980-2496 1/1/2021 through 1/31/2021 www.d.woodburn.orms Includes all valuations building.dept@ci.woodburn.or.us Record Types Selected: -All- 971-21-000025-FIRE Issued: 1/25/21 Fees: $362.32 Valuation: $4,381.00 Address: 1001 ARNEY RD NE, WOODBURN, OR 97071 Parcel: 052W12B 00200 Owner: WOODBURN PREMIUM OUTLETS LLC PROPERTY TAX C/O SIMON PROPERTY GROUP Licensed Prof: Category of Construction: Commercial Type of Work: Tenant Improvement Work Description: Add heads for TI 971-21-000037-FIRE Issued: 1/28/21 Fees: $485.30 Valuation: $8,182,00 Address: 1630 PARK AVE,WOODBURN, OR 97071 Parcel: 051W08CA03100 Owner: STATE OF OREGON WOODBURN ARMORY Licensed Prof: Category of Construction: Commercial Type of Work: Replacement Work Description: Replace discontinued failing FCI-7100 fire alarm panel with direct replacement FCI-S3 fire panel. Commercial Alarm or Suppression Systems 2 permits issued $547.62 $12,563.00 2/1/21 Page 1 of 10 C:\myReports/reports//production/01 STANDARD REPO RTS/std_Perm i ts_Issu ed_v3pr.rp t 16 Permits Issued: Page 2 of 10 971-21-000013-MECH Issued: 1/8/21 Fees: $277.30 Valuation: $4,500.00 Address: 1537 MT HOOD AVE,WOODBURN,OR 97071 Parcel: 051W08A 03801 Owner: BLAISDELL INC C/O CRITERIA PROPERTIES Licensed Prof: Category of Construction: Commercial Type of Work: Alteration Work Description: Relocate existing grilles, add two new duct runs and add one dryer booster fan and ductwork 971-21-000015-MECH Issued: 1/12/21 Fees: $787.37 Valuation: $26,800.00 Address: 1001 ARNEY RD NE, WOODBURN, OR 97071 Parcel: 052W1213 00200 Owner: WOODBURN PREMIUM OUTLETS LLC PROPERTY TAX C/O SIMON PROPERTY GROUP Licensed Prof: Category of Construction: Commercial Type of Work: Alteration Work Description: Interior Remodel- plans provided Commercial Mechanical 2 permits issued $1,064.67 $31,300.00 971-19-000463-STR Issued: 1/29/21 Fees: $1,973,653.68 Valuation: $2,558,803.00 Address: 1310 N PACIFIC HWY,WOODBURN,OR 97071 Parcel: 051W08DB02800 Owner: PACIFIC VALLEY APARTMENTS LLC Licensed Prof: Category of Construction: Multi-family Type of Work: New Work Description: Clubhouse 971-20-000572-STR Issued: 1/29/21 Fees: $2,026,84Valuation: $100,000.00 Address: 1414 COMMERCE WAY, WOODBURN,OR 97071 Parcel: 051W08CB05000 Owner: DON BURLINGHAM FAMILY CORP C/O ROERIG Licensed Prof: MASTEC NETWORK SOLUTIONS LLC Category of Construction: Accessory Structure Type of Work: New Work Description: 100' monopole and equipment Commercial Structural 2 permits issued $1,975,680.52 $2,658,803.00 2/1/21 Page 2 of 10 C:\myReports/reports//production/01 STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 17 Permits Issued: Page 3 of 10 971-20-000546-DWL Issued: 1J15J21 Fees: $19,738.66 Valuation: ' $234,796.38 Address: 2222 Ben Brown DR, Woodburn, OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 38 971-20-000576-DWL Issued: 1/7/21 Fees: $19,465.14 Valuation: $220,489.50 Address: 2609 Ben Brown DR,Woodburn, OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 7 971-20-000577-DWL Issued: 1/15/21 Fees: $19,738.66 Valuation: $234,409.98 Address: 2244 Ben Brown DR, Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 35 971-20-000578-DWL Issued: 1/15/21 Fees: $19,738.66 Valuation: $234,240.93 Address: 2240 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 36 971-20-000579-DWL Issued: 1/15/21 Fees: $19,570.63 Valuation: $226,945.26 Address: 2230 Ben Brown DR,Woodburn, OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 37 971-20-000580-DWL Issued: 1/15/21 Fees: $20,408.04Viluation: $267,184.59 Address: 1903 Killian Spring DR, Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 44 2/1/21 Page 3 of 10 C;\my Reports/reports//production/O1 STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 18 Permits Issued: Page 4 of 10 971-20-000581-DWL Tssued: 1/15/21 Fees: $21,622.33 Valuation: $327,452.94 Address: 1859 Killian Spring DR,Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 45 971-20-000582-DWL Issued: 1/15/21 Fees: $21,214.82 Valuation: $307,196.`10 Address: 1841 Killian Spring DR, Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 46 971-20-000583-DWL Issued: 1/7/21 Fees: $20,408.04 Valuation: $267,184.59 Address: 1836 Killian Spring DR, Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 49 971-20-000584-DWL Issued: 1/7/21 Fees: $21,214.82Valuation: $307,196.10 Address: 1848 Killian Spring DR, Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 50 971-20-000589-DWL Issued: 1/19/21 Fees: $19,465.14 Valuation: $220,489.50 Address: 2551 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 9 971-20-000593-DWL Issued: 1/19/21 Fees: $21,214.82 Valuation: $307,196.10 Address: 2233 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 127 2/1/21 Page 4 of 10 C:\myReports/reports//production/01 STANDARD REPORTS/std_Perm its_Issued_v3_pr.rpt 19 Permits Issued: Page 5 of 10 971-20-000594-DWL Issued: 1/19/21 Fees: $20,399.54 Valuation: $266,943.09 Address: 2241 Ben Brown DR, Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 128 971-20-000595-DWL Issued: 1/19/21 Fees: $19,905.30 Valuation: $244,212.33 Address: 2550 Ben Brown DR,Woodburn,OR 97071 Parcel: 052WI30000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 142 971-20-000596-DWL Issued: 1/19/21 Fees: $19,651.99 Valuation: $243,000.00 Address: 2590 Ben Brown DR, Woodburn,OR 97071 Parcel: 052W130000108 Owner: SMITH CREEK LLC Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Smith Creek Lot 143 Residential 1 &2 Fam Dwelling (New Only) Limited 15 permits issued $303,756.59 $3,908,937.39 2/1/21 Page 5 of 10 C:\myReports/reports//production/01 STANDARD REPORTS/std_Perm i ts_Issued_v3_pr,rp t 20 Permits Issued: Page 6 of 10 971-21-000001-MECH issued: 1/4/21 Fees: $100.801 valuation: $5,475.96 Address: 1212 QUINN RD, WOODBURN,OR 97071 Parcel: 052W12AD04200 Owner: PENLAND, NEAL&PENLAND, LINDA Licensed Prof: BENS HEATING&AIR CONDITIONING LLC Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: Replacing 90%furnace with new 90% furnace 971-21-000002-MECH Issued: 1/4/21 Fees: $100.80 Valuation: $2,295.00 Address: 1840 HARDCASTLE AVE,WOODBURN, OR 97071 Parcel: 051WOBDC05500 Owner: MATVEEV, WASSA Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install gas furnace 971-21-000003-MECH Issued: 1/5/21 Fees: $100.801 valuation: $8,000.00 Address: 1459 UMPQUA RD, WOODBURN,OR 97071 Parcel: 051W07BC09900 Owner: THOMAS&LARRI KOSHINSKY TR&KOSHINSKY,THOMAS TRE&KOSHINSKY,LARRI C JOHNSO Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: Gas furnace&AC replacement 971-21-000010-MECH Issued: 1/5/21 Fees: $100.80 Valuation: $1,500.00 Address: 140 SMITH DR, WOODBURN,OR 97071 Parcel: 051W18BB01400 Owner: ANDERSON, FRANK W&ANDERSON, KAREN M Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Move Work Description: MOVING ROOF JACK FOR NEW RANGE HOOD 971-21-000011-MECH Issued: 1/6/21 Fees: $100.80 Valuation: $3,798.00 Address: 1110 E CLEVELAND ST,WOODBURN,OR 97071 Parcel: 051W18DA03900 Owner: KIRIAN ENTERPRISES LLC C/O ROGER MIDURA Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install Gas Furnace 971-21-000012-MECH Issued: 1/6/21 Fees: $100.80 Valuation: $0.00 Address: 938 OREGON WAY, WOODBURN,OR 97071 Parcel: 052W12DB00500 Owner: HALTER, KAREN E&BETTANDORFF,CAROL A Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: REPLACE GAS FURNACE 2/1/21 Page 6 of 10 C:\myReports/reports//production/01 STANDARD REPORTS/std_Perm its_Issued_v3_pr.rpt 21 Permits Issued: Page 7 of 10 9?1-21-000014-MECH " Issued: 1/7/21 Fees: $100.80 Valuation: : $3,798.00 Address: 1110 E CLEVELAND ST,WOODBURN, OR 97071 Parcel: 051W18DA03900 Owner: KIRIAN ENTERPRISES LLC C/O ROGER MIDURA Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: INSTALL AIR HANDLER 971-21-000016-MECH Issued: 1/8/21 Fees: $100.80! Valuation: $0,00 Address: 1050 GOOSE CREEK RD,WOODBURN,OR 97071 Parcel: 051W07AC00400 Owner: PRIMOZICH JRLT&PRIMOZICH,FRANK J TRE&PRIMOZICH,BONNIE R TRE Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: Replace gas furnace &AC. 971-21-000017-MECH Issued: 1/11/21 Fees: $100.80Valuation: $0.00 Address: 1495 INDEPENDENCE AVE, WOODBURN,OR 97071 Parcel: 051W07BA14700 Owner: ANDERSON-AUBIN,GEORGE&SHANNON,MICHAEL W Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: Replace air conditioner 971-21-000018-MECH Issued: 1/14/21 Fees: $100.80 Valuation: $0,00 Address: 1251 W HAYES ST, WOODBURN,OR 97071 Parcel: 051W07CCO2200 Owner: ANFILOFIEFF, PAVEL S Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Addition Work Description: 1 new addition ductless mini-spit with wall mount air handler. 1 new addition bathroom exhaust fan. 971-21-000020-MECH Issued: 1/13/21 Fees: $100.80 Valuation: $3,901.00 Address: 1647 COUNTRY CLUB CIR,WOODBURN,OR 97071 Parcel: 0511W07BB18000 Owner: HINKLE, NATHAN&HINKLE, BERNICE Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: INSTALL GAS FURNACE 971-21-000021-MECH Issued: 1/13/21 Fees: $100.80 Valuation: $0.00 Address: 1510 ASTOR WAY, WOODBURN,OR 97071 Parcel: 051W07BB15100 Owner: KNOX,JAMES CLYDE&KNOX, BARBARA JEAN Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Addition Work Description: install gas insert 2/1/21 Page 7 of 10 C:\myReports/reports//production/01 STANDARD REPORTS/std_Perm i ts_Issued_v3_pr.rpt 22 Permits Issued: Page 8 of 10 9?1-21-000022-MECH Issued: 1/14/21 fees: $100.80 Valuation: $3,727:00 Address: 537 IRONWOOD TER,WOODBURN,OR 97071 Parcel: 051W07AA02800 Owner: SHUMWAY, DAVID L&SHUMWAY, SALLY J Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install GF 971-21-000024-MECH Issued: I/15/21 Fees: $100.80Valuation: $5,500.00 Address: 1601 COUNTRY CLUB CIR,WOODBURN,OR 97071 Parcel: 051W07BB18300 Owner: BROWN,STEVEN E&BROWN, MARLENE M Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install Furnace Replacement 971-21-000026-MECH Issued: 1/18/21 Fees: $100.80 Valuation: $6,143.00 Address: 1445 UMPQUA RD,WOODBURN,OR 97071 Parcel: 051W07BC10100 Owner: GARCES, HERMINIA&ESPERICUETA, EDWARD&ESPERICUETA,CORINA Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: INSTALL GF 971-21-000029-MECH Issued: 1/20/21 Fees: $100.80 Valuation: $6,000.00 Address: 1145 MCKINLEY ST, WOODBURN, OR 97071 Parcel: 051W17BB03300 Owner: MEDINA,ANTHONY MEDINA,YADIRA Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: AC install 971-21-000033-MECH Issued: 1/22/21 Fees: $100.80 Valuation: $5,072.00 Address: 855 N 1ST ST, WOODBURN,OR 97071 Parcel: 051W07DC04200 Owner: ARROYO, SERGIO GUAPE Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: INSTALL GAS FURANCE 971-21-000034-MECH Issued: 1/22/21 Fees: $100.80 Valuation: $7,837.00 Address: 2124 MERIDIAN DR, WOODBURN, OR 97071 Parcel: 051W07AC08100 Owner: MCCREA, KEITH J&MCCREA, CONSTANCE J Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install Gas Furnace 2/1/21 Page 8 of 10 C:\myReports/reports//p rod uction/0 1 STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 23 Permits Issued: Page 9 of 10 971-21000035-MECH Issued: 1/26)21 Fees: $100.84 Valuation: $10,S71r00 Address: 642 FAIRWOOD CRESCENT,WOODBURN,OR 97071 Parcel: 051W06DD01900 Owner: EVER, DELANO DOUGLAS&EYER, LAURA ANN Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install Gas Furnace and Air Conditioner 971-21-000036-MECH Issued: 1)26)21 Fees: $100.80! Valuation: $5,743.00 Address: 467 IRONWOOD TER, WOODBURN,OR 97071 Parcel: 051W07AA03300 Owner: DICKSON, ROBERT L&DICKSON,JANET L Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Gas Insert to Existing Gas 971 21-000038-MECH Issued: 1)28/21 Fees: $100.80; Valuation: $6,476.40 Address: 1433 FOXGLOVE ST,WOODBURN,OR 97071 Parcel: 051W18CC13900 Owner: WATKINS, ROCHELLE JACQUELINE ALVAREZ-VILLEGAS,JOSE ADRIAN Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: AC Install Residential Mechanical 21 permits issued $2,116.80 $85,836.96 2/1/21 Page 9 of 10 C:\myReports/reports//production/01 STANDARD REPORTS/std_Perm i ts_Issued_v3_pr.rpt 24 Permits Issued: Page 10 of 10 971-21-000027-STR Issued: 1j21/21 Fees: $336:00 Valuation: $5,972.56 Address: 956 CAHILL WAY, WOODBURN, OR 97071 Parcel: 051W07CB03800 Owner: ZIEMER,CHARLES L&ZIEMER,BEVERLY IRENE Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: INSTALLATION OF UTILITY INTERACTIVE PHOTOVOLTAIC SOLAR SYSTEM 6.615 kW DC PHOTOVOLTAIC SOLAR ARRAY 971-21-000028-STR Issued: 1/21/21 Fees: $336.00Valuation: $6,537.40 Address: 1650 MERIDIAN DR, WOODBURN,OR 97071 Parcel: 051W07AC07400 Owner: LEEP, MITCHELL LEEP, KIRSEN Licensed Prof: Category of Construction: Other Type of Work: Alteration Work Description: INSTALLATION OF UTILITY INTERACTIVE PHOTOVOLTAIC SOLAR SYSTEM 7.245 kW DC PHOTOVOLTAIC SOLAR ARRAY ROOF TYPE: Comp Shingle MODULES: (23)JinKO Solar Eagle JKM 315M-60HL INVERTER(S): Enphase IQ7-60-2-US,---- RACKING: Unirac SFM Infinity Residential Structural 2 permits issued $672.00 $12,509.56 44 permits issued $2,284,138.20 $6,709,949.91 2/1/21 Page 10 of 10 C:\myReports/reports//production/01 STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 25 Iii♦ 4 B V' February 8, 2021 TO: Honorable Mayor and City Council FROM: McKenzie Granum, Assistant City Attorney SUBJECT: Resolution Consenting to "Change in Control" Transaction Involving Cable Television Franchisee Wave RECOMMENDATION: Adopt the Resolution Approving the Change in Indirect Control of the Wave Franchisee under the Cable Television Franchise. BACKGROUND: WaveDivision VII, LLC, doing business as Wave (previously "Wave Broadband" and "Willamette Broadband"), currently holds a cable television franchise granted by the City (Ord. 2500). Section 3.5 of the Franchise Agreement requires that Wave request the City's consent to any proposed "change in control" of the franchisee, which under the agreement"shall not be unreasonably withheld by the City." Federal law also requires that the franchisee file FCC Form 394 with the City upon a "change in control" transaction. The City Council must then act within 120 days of the filing of this form or the "change in control" becomes automatically approved. Currently, Wave's parent company is Radiate Holdco, LLC, a Delaware limited liability company controlled by Radiate Holdings, L.P.. Pursuant to an Agreement and Plan of Merger, funds associated with Stonepeak Infrastructure Partners, LLC, will purchase 100% of the membership interests of Radiate Holdings, L.P., and as a result, the indirect control of Wave will change. The proposed closing date of the transaction is prior to June 30, 2021 . DISCUSSION: Several hundred pages of documents were filed with FCC Form 394. These documents include: a copy of the agreement and plan of merger, and Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x 26 Honorable Mayor and City Council February 8, 2021 Page 2 financial, legal, and technical information about Stonepeak, as well as all other required information. The City Attorney's office reviewed the documents and found them to be in order. These documents are available for councilor inspection at the City Recorders Office upon request. It should be noted that this proposed transaction will not change the operations of WaveDivision VII, LLC, nor will it change Wave's obligations to comply with its franchise agreement. The Franchisee will continue to be held by the same legal entity and it will continue to provide services pursuant to its current agreement and as the same company that manages the system today. Since there is no reasonable basis to deny the change in control request, staff recommends adoption of the resolution consenting to the change of control. FINANCIAL IMPACT: None. Attachments • November 30, 2020 - Letter from Kelley Drye & Warren LLP, providing the Notice of Transfer of Control of a Parent Company of WaveDivision VII, LLC • FCC Form 394 (without supporting documents, exhibits available to review upon request) • Pre- and Post-Transaction Organizational Charts 27 jJ �i// V�IIIIII// Michael R. Dover 1iou+Nl / Kelley Drye&Warren LLP 333 West Wacker Drive Suite 2600 Chicago,IL 60606 Tel: 312-857-7087 Fax: 312-857-7095 November 30, 2020 By FedEx City of Woodburn Office of the City Administrator 270 Montgomery Street Woodburn, OR 97071 Re: Notice of Transfer of Control of a Parent Company of WaveDivision VII, LLC To Office of the City Administrator: As you may have heard, equity ownership in a parent company of WaveDivision VII, LLC will be transferred to a different private equity firm from the one that now controls it. This transaction will not change the operations of WaveDivision VII, LLC, nor will it change WaveDivision VII, LLC's obligations to comply with its franchise agreement. It is, however, expected to make additional resources available to Woodburn with which it can enhance its network and improve its services in the City of Woodburn. Specifically, funds associated with Stonepeak Infrastructure Partners ("Stonepeak"), a private equity firm, entered into an agreement to acquire Radiate Holdings, L.P. ("Radiate"), a subsidiary of the TPG Capital group. Radiate operates leading regional providers, including WaveDivision VII, LLC ("the Company"), originally issued to Willamette Broadband, LLC. The Company currently holds a franchise to offer service in your community. When the transaction under the agreement is consummated, the indirect control of your community's franchisee will have changed. Your community's franchise will continue to be held by the same legal entity that holds your franchise today, it will continue to provide service pursuant to that franchise and the same company that manages the system today will continue to do so. However, it will operate under the ultimate ownership and indirect control of Stonepeak. Again, as part of this transaction, Stonepeak has no current plans to change the local operations or structure of the operations or the services offered. Upon completion, Stonepeak will combine its resources and expertise with WaveDivision VII, LLC's knowledge of the local cable marketplace to build upon the successes of WaveDivision VII, LLC and further enhance the customer experience in your community. Stonepeak and Patriot Media Consulting LLC will partner to investigate opportunities to invest in the network and in technology, enabling the Company to expand and grow its infrastructure, enhance its high-speed data services, and otherwise improve its offerings. NEW YORK WASHINGTON,DC CHICAGO HOUSTON LOS ANGELES SAN DIEGO PARSIPPANY STAMFORD Affiliate Office:MUMBAI 28 City of Woodburn November 30, 2020 We have enclosed for you two (2) additional copies the FCC Form 394. The Form 394 is designed to provide you with the information necessary to assess the financial, legal, and technical qualifications of Stonepeak with regard to the franchise. This filing includes a copy of the agreement, and financial, legal, and technical information about Stonepeak, as well as all other required information. Certain of this information, as designated therein, is confidential and not routinely made available to the public, and its dissemination would be harmful to Stonepeak's business interests. Pursuant to FCC Form 394, these materials must be maintained as confidential by you and any or all of your agents. Also enclosed in the FCC Form 394 is a copy of the Public Interest Statement that was included in our filing with the FCC for approval of this transaction. Under the Communications Act, 47 U.S.C. § 537, you have 120 days upon completion to consider the application. No action on your part is required; should you choose not to take any action within this 120-day period, under federal law the application will be deemed granted. In the event that you choose to act upon the application, we have enclosed for your convenience a draft resolution for your use. Please let us know if you place the matter on your agenda for consideration. If you have any questions or inquiries regarding this matter, please contact David von Moritz, Corporate Counsel, at 425-896-1868 or dvonmoritz@wavebroadband.com, or contact the undersigned. We look forward to continue working with you. Respectfullyub nitted, Michael R. Dover Kelley Drye & Warren LLP (773) 272-2382 M Dover2 kelleyd rye.com Counsel to Radiate Holdings, L.P. Michael Nilsson Harris, Wiltshire & Grannis LLP (202) 730-1301 MNilss�hw�law.com Counsel to Stonepeak Infrastructure Partners Enclosures KELLEY DRYE&WARREN LLP 2 29 Federal Communications Commission Approved By OMB Washington, DC 20554 3060-0573 FCC 394 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE FOR FRANCHISE AUTHORITY USE ONLY SECTION I. GENERAL INFORMATION DATE November 30,2020 1. Community Unit Identification Number: OR0301 2. Application for: ❑ Assignment of Franchise Transfer of Control 3. Franchising Authority: City of Woodburn 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: Woodburn 5. Date system was acquired or(for system's constructed by the transferor/assignor)the date on which service was provided to the first subscriber in the franchise area: 3/13/2013 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the As soon as possible and ideally system to transferee/assignee: prior to June 30,2021 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this Exhibit No. application that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this N/A application. PART I-TRANSFEROR/ASSIGNOR 1. Indicate the name,mailing address,and telephone number of the transferor/assignor. Legal name of Transferor/Assignor(if individual, list last name first) Radiate Holdings,L.P. Assumed name used for doing business(if any) Mailing street address or P.O. Box 650 College Road East,Suite 3100 City State ZIP Code Telephone No. (include area code) Princeton NJ 08540 (609)452-8197 2. (a) Exhibit No. Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control(including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade, business,pricing or marketing information,or other information not otherwise publicly available,may be redacted). (b) Does the contract submitted in response to(a)above embody the full and complete agreement Yes No between the transferor/assignor and the transferee/assignee? If No,explain in an Exhibit. Exhibit No. 1.1.2 FCC 394(Page 1) September 1996 30 PART II-TRANSFEREE/ASSIGNEE 1.(a)Indicate the name,mailing address,and telephone number of the transferee/assignee. Legal name of Transferee/Assignee(if individual, list last name first) Stonepeak Associates IV,LLC Assumed name used for doing business(if any) Mailing street address or P.O. Box c/o Stonepeak infrastructure Partners, 55 Hudson Yards 550 W 34th Street,48th Floor City State ZIP Code Telephone No. (include area code) New York NY 10001 (212)907-5125 b Indicate the name,mailing address,and telephone number of person to contact, if other than transferee/assignee. Name of contact person(list last name first) See Exhibit 1.11.1 c Firm or company name(if any) Mailing street address or P.O. Box City State ZIP Code Telephone No. (include area code) (c) Attach as an Exhibit the name,mailing address,and telephone number of each additional person Exhibit No. who should be contacted, if any. 1.11.1(c) d Indicate the address where the system's records will be maintained. Street address 650 College Road East,Suite 3100 City State ZIP Code Telephone No. (include area code) Princeton NJ 08540 (609)452-8197 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and Exhibit No. operations of the system as a consequence of the transaction for which approval is sought. 1.11.2 FCC 394(Page 2) September 1996 31 SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee/Assignee is: Ela. Jurisdiction of incorporation d. Name and address of registered agent in Corporation jurisdiction: b. Date of incorporation: c. for profit or not for profit: Ela. Jurisdiction in which formed: c. name and address of registered agent in Limited Partnership: jurisdiction: b. Date of formation: Ela. Jurisdiction whose laws govern b. Date of formation: General Partnership formation: ❑ Individual Exhibit No. ❑X Other. Describe in an Exhibit II.I 2. List the transferee/assignee,and,if the transferee/assignee is not a natural person,each of its officers,directors,stockholders beneficially holding more than 5%of the outstanding voting shares, general partners,and limited partners holding an equity interest of more than 5%. Use only one COLUMN for each individual or entity. Attach additional pages if necessary. (Read carefully-the lettered items below refer to corresponding lines in the following table.) (a) Name,residence,occupation or principal business,and principal place of business. (If other than an individual, also show name,address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.)List the applicant first,officers,next,then directors and,thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relationship to the transferee/assignee(e.g.,officer,director,etc.). (d) Number of shares or nature of partnership interest. (e) Number of votes. (f) Percentage of votes. (a) Please see Exhibit 11.2 (b) (c) (d) (e) (f) FCC 394(Page 3) September 1996 32 3. If the applicant is a corporation or a limited partnership, is the transferee/assignee formed under the Yes No laws of,or duly qualified to transact business in,the State or other jurisdiction in which the system operates? If the answer is No,explain in an Exhibit. Exhibit No. 11.3 4. Has the transferee/assignee had any interest in or in connection with an applicant which has been Yes 19 No dismissed or denied by any franchise authority? If the answer is Yes,describe circumstances in an Exhibit. Exhibit No. 5. Has an adverse finding been made or an adverse final action been taken by any court or Yes 19 No administrative body with respect to the transferee/assignee in a civil,criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following:any felony; revocation,suspension or involuntary transfer of any authorization(including cable franchises)to provide video programming services;mass media related antitrust or unfair competition;fraudulent statements to another government unit;or employment discrimination? If the answer is Yes,attach as an Exhibit a full description of the persons and matter(s)involved, including an identification of any court or administrative body and any proceeding(by dates and file Exhibit No. numbers,if applicable),and the disposition of such proceeding. 6. Are there any documents, instruments,contracts or understandings relating to ownership or future Yes No ownership rights with respect to any attributable interest as described in Question 2(including, but not limited to, non-voting stock interests,beneficial stock ownership interests,options,warrants, debentures)? If Yes, provide particulars in an Exhibit. 7. Do documents,instruments,agreements or understandings for the pledge of stock of the transferee/assignee,as security for loans or contractual performance, provide that:(a)voting rights ❑X Yes No will remain with the applicant,even in the event of default on the obligation; (b)in the event of default,there will be either a private or public sale of the stock;and (c)prior to the exercise of any ownership rights by a purchaser at a sale described in(b),any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal,state or local law or pursuant to the terms of the franchise agreement will be obtained? Exhibit No. If No,attach as an Exhibit a full explanation. 11.7 SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from committed resources to consummate the transaction and operate the facilities for three months. 0 Yes ❑ No 2. Attach as an Exhibit the most recent financial statements,prepared in accordance with generally Exhibit No. accepted accounting principles, including a balance sheet and income statement for at least one full III year,for the transferee/assignee or parent entity that has been prepared in the ordinary course of business,if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available,may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications,experience Exhibit No. and expertise regarding cable television systems, including, but not limited to,summary information about IV appropriate management personnel that will be involved in the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. FCC 394(Page 4) September 1996 33 / � � � SECTION V-CERTIFICATIONS Part|- nm All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are ematerial part hereof and are incorporated herein eeif set out infull inthe application. I CERTIFY that the statements in this application are true, Signature complete and correct to the best of my knowledge and belief and are made in good faith. Date V WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE TITLE 18, SECTION 1001. Jeffrey B. Kramp,� PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name Executive Vice President,Secretary and General Counsel Check appropriate classification: Individual General Partner Corporate Officer Other. Explain: (Indicate Title) ' | PortU- | Al|the statements made inthe application and attached Exhibits are considered material representations, and all the Exhibits are amaterial part hereof and are incorporated herein amif set out infull inthe application. The transferee/assignee certifies that he/she: � (a) Has current copy ofthe FCC's Rules governing cable television systems. | (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local � ordinances and related regulations. � ki Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related ! regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. � Signature I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief and are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. --Check appropriate classification: Individual General Partner Corporate Officer Other. Explain: (indicate Title) / | | ! � � 34 SECTION V-CERTIFICATIONS Part I-Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations,and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. Signature I CERTIFY that the statements in this application are true,complete and correct to the best of my knowledge and belief and are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON TIES FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT.U.S.CODE, Paint full name TITLE 18,SECTION 1001. Check appropriate classification: 11 Individuala General Partner Corporate Officer a Other.Explain: 11 (Indicate Title) Authorized Person Part II-Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations,and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application,and of any applicable state laws or local ordinances and related regulations. (C) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes,as promptly as practicable,in the operation system,if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature I CERTIFY that the statements in this application are true,complete and t correct to the best of my knowledge and belief and are made in good , faith. l �. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE 11/30/20 PUNISHABLE BY FINE AND/OR IMPRISONMENT.U.S.CODE, Print full name TITLE 18,SECTION 1001. rian McMullen �I Cl appropriate classification: X Senior Managing Individual General Partner Director Ll Other.Explain: Corporate Officer (Indicate Title) 35 EXHIBIT LIST Exhibit LL2: Redacted Copy of Securities Purchase Agreement Exhibit LILL(c): Additional Contact Persons Exhibit 1.11.2: Planned Changes to Terms and Conditions Exhibit 11.1: Form of Business Organization of Transferee Exhibit 11.2: Ownership Information of Transferee Exhibit IL3: Statement Regarding Qualification to Transact Business Exhibit IL7: Statement Regarding Pledge of Stock Exhibit III: Transferee's Financial Qualifications Exhibit IV: Transferee's Technical Qualifications CONFIDENTIAL ATTACHMENT A Agreement CONFIDENTIAL ATTACHMENT B Financial Statements of Radiate Holdings ATTACHMENT C Current and Post-Transaction Corporate Ownership Structures Please note that the contents of Attachments A and B (produced on pastel-colored paper) are confidential and proprietary materials and not for public disclosure. 36 v Y U O � m f0 I ° v I � � I � I � I I I Y I I ° v m v I � � I � z I I '- I m i I 0 V o O 70 I °' O I r L � O I o Q I o o p_ --- 6 d —————————— p "a L +' O O I u °/ Q Q = U) I I fO U I � � I a I I � � I � I � V V � J N �^ 0 0 bLA ° N > _ � f0 d on C U O N N N 6 N 16 O O L N � N N O O £ N �n C _ N ajaj C \ CE n d O = C a v � ,O O -6 N E7 C O U N v v O v 0 0 a m E a, u ti c o 37 = U ; C140 aa $ � ® � ° \ 70 o \ \ / !_ _CL / t _ 8 t 8 \ [/ e P / e - P ) @ } PGG GG = G » a � 7 § 3 [\ ± [f± } < aj co ) o k ) o { / 0 2 = � � e 2 = 70 ECO & V) _ / GCL U ® ¢ E § \ - 70 ^ + s e y & /\ 2 [u e \ \ [ i E � 2 LP / c \ 2 = 2 c !\ - \- \ } $ -CIO \ o o ° � U \ \ \ - D \ ! 4Ici \ y CIO I2 _ % ao = 3G ai \ \ ¢ { L ) ® 3 0 Co 33 yy /§ > { \ � / � U > J 0 � 16 \\ _ } \\ E \ % { ( - % § ) { � ® : ai i - ee ƒ fk \ { ( / ( 2 / E u _ \ / 7 38 U J J fA U Y J U U J CC U v 6 > J CIO c O N _ O O 6 = — O C U ai 0 6 2 O J L n O = ^ 6 7 > ai Di > aJ C 7E > O 0 U Q m J � J U Q O U O O O Lj UO 0 J VI U 0 i C ._ > 7 > ry n Q � ai C O fn U E O C u v c ti ai c i O O N O O F O u � N a) 7 0 O O N u Z U cr Q O Ni [CI O O U N U ? C � L/ -o on C W wm 0 U C O o 2 J J U > O ca U a a c j iE Q ai E c Ln a o a z a u a' s w Q f0 io ii F Q =o m -o v E a J O w U Y 6 F O v E } w E y N N N v Z � F � � O Z N u U al O O u > U F J V V O a) J O U O U w O J O J � aJ ry aJ ry 0 C C i EE a E 3 E aJ U U Z U � C O_ - J O l7 ai c O E E ,� > c � O U O O .`�+ O � J ai on N 2 a aJ N t J O Q Q a O F s F z U Z vu Z `^ Z Z s O U n U v U U U U Z u N U U u L E u n J O J � J 0U N J aj aJ O aJ aJ aJ 'N F U O U Y i O aj c-I = } Uu = VI t J J E Q O_ J J O u U E v0 -ov E = v N 7 0 on u V) aJ d J O_ u N — J 7 u ++ Q U > Z Z O c "n v E u ai u v Y u > E > N Q aJ U N 39 COUNCIL BILL NO. 3142 RESOLUTION NO. 2166 A RESOLUTION APPROVING THE CHANGE OF INDIRECT CONTROL OF THE FRANCHISEE, WAVEDIVISION VII, LLC, UNDER THE CABLE TELEVISION FRANCHISE WHEREAS, WaveDivision VII, LLC ("Franchisee") owns, operates and maintains a cable television system (the "System") in the City of Woodburn pursuant to a cable television franchise ("Franchise") granted by the governing body of the City of Woodburn (the "Franchise Authority"), and Franchisee is the current duly authorized holder of the Franchise; and WHEREAS, pursuant to an Agreement and Plan of Merger ("Agreement"), funds associated with Stonepeak Infrastructure Partners ("Acquiror"), a Delaware limited liability company, will purchase 100% of the membership interests of Radiate Holdings, L.P., a Delaware limited partnership, (which owns 100% of the indirect ownership interests in Franchisee), and, as a result, the indirect control of Franchisee will change (the "Change of Control"); WHEREAS, Franchisee and Acquiror have requested the consent of the Franchise Authority to the Change of Control in accordance with the requirements of the Franchise, have filed an FCC Form 394 with the Franchise Authority, and have provided the Franchise Authority with all information necessary to facilitate a decision by the Franchise Authority (the "Application"); and WHEREAS, the Franchise Authority has reviewed the Application, examined the legal, financial and technical qualifications of Acquiror, followed all required procedures in order to consider and act upon the Application, considered the comments of all interested parties, and finds Acquiror to be suitable to indirectly control Franchisee. NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Franchise Authority hereby accepts the Application and consents to the Change of Control, all in accordance with the terms of the Franchise and applicable law. Section 2. The Franchise Authority confirms that the Franchise is valid and outstanding and in full force and effect and there are no defaults under the Franchise. Subject to compliance with the terms of this Resolution, any action necessary with respect to the Change of Control has been duly and validly taken. Page 1 Council Bill No. 3142 Resolution No. 2166 40 Section 3. This Resolution shall be deemed effective as of the date of its passage. This Resolution shall have the force of a continuing agreement with Franchisee and Acquiror, and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and Acquiror. Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder Page 2 Council Bill No. 3142 Resolution No. 2166 41 �'I'1�r I Iii♦ r} B V' February 8, 2021 TO: Honorable Mayor and City Council acting in its capacity as the Local Contract Review Board FROM: Eric Liljequist, Public Works Projects & Engineering Director SUBJECT: Award of Construction Contract for the Sixth Street Sanitary Sewer Replacement Project RECOMMENDATION: Award the construction contract for the Sixth Street Sanitary Sewer Replacement Project to the lowest responsible and responsive bidder, Icon Construction & Development LLC, in the amount of $98,830.00. BACKGROUND: This project is included in the approved FY 20/21 budget and includes the replacement of the existing sanitary sewer line in Sixth Street between Harrison Street and Fir Street. Bids were publicly opened January 21, 2021 . Nineteen (19) responsible and responsive bids were received as follows: Icon Construction & Development $98,830.00 Turney Excavation $103,360.00 Kerr Construction, Inc. $103,456.94 Emery & Sons Construction Group, LLC $108,610.00 D&I Excavating, Inc. $113,380.00 Trench Line Construction, Inc. $118,450.00 M.L. Houck $119,431 .00 Black Rock Underground, LLC $120,773.00 Moore Excavation $121 ,225.00 Odyssey Construction $121 ,249.00 CG Contractors $122,950.00 Northcore USA $128,808.43 C&M Construction $137,720.00 Ruby Construction $142,560.00 Gelco Construction $144,300.00 Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—X- 42 Honorable Mayor and City Council February 8, 2021 Page 2 Jesse Rodriguez Construction, LLC $151,410.00 CR Woods $188,212.80 Pacific Excavation $192,000.00 Pacific Underground Co. $217,800.00 The Engineer's Estimate for the project is: $166,781 .25 The recommended award is approximately 41% lower than the Engineer's Estimate DISCUSSION: The existing sanitary sewer line within Sixth Street between Harrison Street and Church Street needs to be replaced to mitigate ongoing sewer backup issues and frequent maintenance call-outs. The location of the existing sewer pipe is not ideal due to the proximity of the adjacent private property lines and existing water main. The newly installed sanitary sewer line will comply with current public works design standards and will resolve all existing sewer issues. The existing sanitary sewer line within Sixth Street between High Street and Fir Street needs to be replaced due to severe root intrusion that has made this section of sewer pipe a "hot spot" for City wastewater maintenance staff. The location of the existing sanitary sewer line is near private property lines, making maintenance activities more cumbersome. The new sanitary sewer line will be installed in the middle of Sixth Street, which complies with current design standards and allows for easier access for future maintenance needs. The replacement of these sections of sanitary sewer lines will mitigate frequent maintenance activities in these areas, resulting in lower sewer maintenance costs for the City. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the laws, regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT: The subject project is identified in the adopted fiscal year 2020/21 Budget and funded by the Sewer Fund. 43 �'I'1 r I Iii♦ r} Y 9M& Its BU Proe.�;;;rri tesf A8'7R7 February 8, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Assistant City Administrator Jesse Cuomo, Recreation and Parks Manager SUBJECT: Smith Creek Parks Naming Process RECOMMENDATION: Approve a process for naming the public parks that have already or will soon be coming into City ownership through the completion of the Smith Creek Residential Development. BACKGROUND: The Smith Creek Residential Development was approved by the City Council on November 13, 2018. A significant portion of the development was approved through the Planned Unit Development (PUD) section of the Woodburn Development Ordinance (WDO), in which the developer provided a large amount of open space in exchange for reduced lot sizes and increased housing density. While many of the open space areas will remain privately owned and maintained by future home owners associations, the City agreed to accept a few of the more significant areas as City owned public parks. Phase 1 A of the Smith Creek Development is currently well under construction, with the public infrastructure essentially complete. In terms of Park facilities, Phase 1 A includes a 4,670 sq. ft. plaza with restroom building, picnic shelter and other amenities, 3,100 linear feet of greenway trail, and undeveloped open space along Smith Creek. These Phase 1 A park facilities have been completed and dedicated to the City. Additional areas of parkland and sections of the greenway trail will be completed during future phases of the development. Staff recommends initiating the process to name both the Smith Creek park facilities that are currently in City ownership, as well as those that have yet to be developed and transferred to the City. Agenda Item Review: City Administrator_x City Attorney_x_ Finance—X- 44 Honorable Mayor and City Council February 8, 2021 Page 2 In preparing the proposed park naming process, staff acknowledged the significance of assigning permanent names to public facilities. These names not only create identifying markers for the City and its community members, but are also essential in embodying the culture and heritage of the location in which they are placed. The proposed park naming process was crafted to consider the historical and geographical relevance of the subject locations, noteworthy contributions by community members, and a process that creates community involvement and inclusion. The Smith Creek Residential Development is being constructed on approximately 150 acres of land that was formerly owned by the late Hazel M. Smith, a prominent Woodburn figure. It is worth noting that Ms. Smith's family has requested that some of the parklands be named in her honor. PARK NAMING PROCESS: Staff proposes that the City Council create and appoint members to the Ad Hoc Park Naming Committee to solicit suggested park names from the community, review potential park names, and forward recommendations to the Council for final approval. It is suggested that the committee's membership should include: ✓ Between one (1 ) and two (2) City Councilors, including the Mayor ✓ Between one (1 ) and three (3) members of the Recreation and Park Board ✓ Between two (2) and four (4) members of the general public ✓ The City Administrator or designee(s) If the City Council approves the park naming process, a list of proposed committee members will be presented for the City Council's consideration at a future meeting. PARK NAMING CRITERIA: In reviewing potential park names and formulating their recommendations to the City Council, the Ad Hoc Park Naming Committee will consider the following guiding principles: 45 Honorable Mayor and City Council February 8, 2021 Page 3 • Names should serve the greater interest of the community, recognize events, people, organizations or places with cultural or social significance, and create an enduring legacy • Names should engender a strong positive image and have symbolic value that enhances the character and identity of the park and/or facility. • Names should reflect the wholesome nature of a park or facility and in keeping with the City's values. • If relevant, consideration should be given to a property's association with historic events, people, or other items of cultural/ social significance. • Names will be considered under a lens of diversity, equity and inclusion to align with the values of the City. • Parks may be named in honor of a deceased person when the deceased person made a significant contribution to the community and/or who was instrumental in acquiring or developing the park. The name of a deceased person for a park should not be considered until 12 months after their death. • A park, or feature within a park may be named in recognition of a living individual. It is recognized that having a park in one's name is a high honor. Therefore, in order to have a park named after a named after a living individual, the individual must have made a significant and sustained contribution to the community and/or the City over the course of many years. • Evidence should exist to substantiate the qualifications for naming. FINANCIAL IMPACTS: None. 46