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August 9, 2021 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 /AUGUST 9, 2021— 7:00 P.M. BENITO PUENTE JR.,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Economic Development Update 6. COMMUNICATIONS None. 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 interpretes disponibles para aquellas personas que no hablan Ingles, previo acuerdo. Comuniquese al (503) 980-6322.** August 9, 2021 Council Agenda Page i 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council Meeting minutes of July 26, 2021 1 Recommended Action: Approve the minutes. B. Woodburn City Council Executive Session Meeting minutes of July 4 26, 2021 Recommended Action: Approve the minutes. C. Building Activity for July 2021 5 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Liquor license application for EI Perico 6 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. 3159 - An Ordinance Establishing an Enhanced 31 Penalty for an Intentional Violation of the Tree Permit Requirements of the Woodburn Development Ordinance and the Street Tree Ordinance and Declaring an Emergency Recommended Action: B. Council Bill No. 3162 -A Resolution Initiating Legislative Amendments 38 to the Woodburn Development Ordinance Relating to the Transportation System Plan (TSP) Recommended Action: Adopt the attached resolution. C. Award of Construction Contract for the 1-5 Pump Station & Force 41 Main Upgrades Project to K&E Excavating, Inc. Recommended Action: Award the construction contract for the 1-5 Pump Station & Force Main Upgrades Project to the lowest August 9, 2021 Council Agenda Page ii responsible and responsive bidder, K&E Excavating, Inc. in the amount of $5,309,625.00. D. Award a Contract for Construction Management Services for the 1-5 43 Pump Station and Force Main Upgrades Project to Murraysmith, Inc. Recommended Action: Award a Contract for construction management services for the 1-5 Pump Station and Force Main Upgrades Project for$556,245.00 to Murraysmith, Inc. and authorize the City Administrator to sign the Agreement. E. Award a Contract for Engineering Design Services for the Young 45 Street Sanitary Sewer Improvements Project to PBS Engineering & Environmental, Inc. Recommended Action: Award a Contract for engineering design services for the Young Street Sanitary Sewer Improvements Project for $299,216.00 to PBS Engineering & Environmental, Inc. and authorize the City Administrator to sign the Agreement. 12. OTHER BUSINESS None. 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 August 9, 2021 Council Agenda Page iii COUNCIL MEETING MINUTES July 26, 2021 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 26, 2021 CONVENED The meeting convened at 7:01 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present-via video conferencing Councilor Puente Present-via video conferencing Councilor Cabrales Present-via video conferencing Staff Present: City Administrator Derickson, City Attorney Shields,Assistant City Administrator Row, Economic Development Director Johnk, Acting Police Chief Pilcher, Community Development Director Kerr, Operations Director Stultz, Finance Director Turley, Human Resources Director Gregg, Community Services Director Cuomo, Public Affairs and Communications Coordinator Moore, City Recorder Pierson APPOINTMENTS Carney/Cornwell... reappoint Ayanna Zamora and David Piper to the Woodburn Recreation and Parks Board. The motion passed unanimously. PROCLAMATION National Night Out - Mayor Swenson proclaimed Tuesday, August 3, 2021 as "2021 National Night Out" in the City of Woodburn. Mayor Swenson noted that the Fiesta Court was in attendance. Community Relations Manager Guerrero introduced the Fiesta Court and invited the City Council to the Fiesta Court Coronation on August 6 at 5:00 p.m. in the Downtown Plaza. PRESENTATION Ann-Marie Banfield with Marion County Mental Health provided information on the Intergovernmental Agreement for mobile crisis services and is excited about the work they are doing and the partnership they have with the police department. Woodburn Opportunity Center—Terri Gonzalez, Immanuel Lutheran Church Building Team Chair and Bill Weismann provided a presentation on the Woodburn Opportunity Center and shared the results of their feasibility study. Ashley Hamilton, Program Director with Mid- Willamette Valley Community Action, John Zobrist, Chamber of Commerce Executive Director and Meg Guerra with Farmworkers Housing, spoke in support of the Woodburn Opportunity Center. Page 1 - Council Meeting Minutes, July 26, 2021 1 COUNCIL MEETING MINUTES July 26, 2021 COVID-19 Update—Community Services Director Cuomo, Irene Konev,with Konev Consulting, and Community Relations Manager Guerrero provided an overview of the response to COVID-19 in Woodburn. Emergency Management 101 — Chief Pilcher provided a presentation on the City of Woodburn Emergency Operations Center,Emergency Management and the lessons learned from the ice storm this year. CONSENT AGENDA A. Woodburn City Council minutes of June 28, 2021, B. Silver Falls Library District Network Support Agreement, C. Intergovernmental Agreement(#HE-4136-21) Marion County and City of Woodburn, D. Intergovernmental Agreement for School Resource Officers. Carney/Schaub... adopt the Consent Agenda. The motion passed unanimously. TABLED BUSINESS Local Option Tax Exemption — City Administrator Derickson stated that this item was tabled to return at this meeting and that it requires a motion to be removed from the table and then staff can bring it back at a future meeting. Carney/Cornwell... remove from the table. The motion passed unanimously. COUNCIL BILL NO. 3159 - AN ORDINANCE ESTABLISHING AN ENHANCED PENALTY FOR AN INTENTIONAL VIOLATION OF THE TREE PERMIT REQUIREMENTS OF THE WOODBURN DEVELOPMENT ORDINANCE AND THE STREET TREE ORDINANCE AND DECLARING AN EMERGENCY Carney introduced Council Bill No. 3159. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. City Attorney Shields and Community Development Director Kerr provided a staff report. Councilor Carney stated that he would like to recommend a wording change from removal to destruction. City Attorney Shields stated that they will work on the wording change and bring the ordinance back at the next meeting. COUNCIL BILL NO. 3160 - A RESOLUTION INITIATING LEGISLATIVE AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE RELATED TO TREES Carney introduced Council Bill No. 3160. City Recorder Pierson read the bill by title only since there were no objections from the Council. Community Development Director Kerr provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3160 duly passed. COUNCIL BILL NO. 3161 - A RESOLUTION INITIATING LEGISLATIVE AMENDMENTS TO THE WOODBURN COMPREHENSIVE PLAN AND WOODBURN DEVELOPMENT ORDINANCE RELATING TO THE MIDDLE HOUSING PROJECT Carney introduced Council Bill No. 3161. City Recorder Pierson read the bill by title only since there were no objections from the Council. Community Development Director Kerr provided a staff report. On roll call vote for final passage,the bill passed 5-1, with Councilor Cabrales voting no. Mayor Swenson declared Council Bill No. 3161 duly passed. AWARD A CONTRACT FOR PROFESSIONAL ENGINEERING AND BUILDING SERVICES TO PROVIDE PLAN REVIEW FOR PROJECT BASIE (AMAZON) Page 2 - Council Meeting Minutes, July 26, 2021 2 COUNCIL MEETING MINUTES July 26, 2021 Community Development Director Kerr provided a staff report. Carney/Cornwell...award a Contract for Professional Engineering and Building Services to provide Plan Review for Project Basie to Clair Company, Inc. and authorize the City Administrator to sign the Agreement. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • The City hosted Greeters for the Chamber of Commerce on Friday and they took a bus tour through the community and toured the residential, commercial and the Amazon property. MAYOR AND COUNCIL REPORTS Cornwell stated that she appreciates the hard work that was done on the tree ordinance. Mayor Swenson stated that there is a lot of cool stuff happening, Relay for Life is July 31, and the farmers market has been taking place. He added that many other events are happening and they can be found by looking in the E-blast or through the Chamber. EXECUTIVE SESSION Mayor Swenson entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h) and ORS 192.660 (2)(f). Carney/Schaub... move into executive session. The motion passed unanimously. The Council adjourned to executive session at 9:55 p.m. and reconvened at 10:20 p.m. and Mayor Swenson stated that no action was taken by the Council while in executive session. ADJOURNMENT Carney/Schaub ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:21 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, July 26, 2021 3 EXECUTIVE SESSION COUNCIL MEETING MINUTES JULY 26, 2021 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 26, 2021 CONVENED The meeting convened at 10:03 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present-via video conferencing Councilor Puente Present-via video conferencing Councilor Cabrales Present-via video conferencing Mayor Swenson reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Operations Director Stultz, City Recorder Pierson The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 10:20 p.m. APPROVED Eric Swenson, Mayor ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Council Meeting Minutes, July 26, 2021 4 CITY OF WOODB URN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: August 2, 2021 To: Chris Kerr, Community Development Director From: Melissa Gitt, Building Official Subject: Building Activity for July 2021 2019 2020 2021 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 6 $1,396,079 6 $1,165,167 29 $9,592,407 Multi-Family Residential 0 $0 0 $0 1 $2,841,215 Assisted Living Facilities 0 $0 0 $0 0 0 Residential Adds &Alts 4 $99,548 8 $81,552 7 $51,850 Industrial 0 $0 1 $1,372,000 0 $0 Commercial 7 $656,282 4 $1,165,458 3 $1,535,449 Signs and Fences 0 $0 0 $0 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 17 $2,151,909 19 $3,784,177 40 $14,020,921 Fiscal Year to Date (July 1 — $2,151,909 $3,784,177 $14,020,921 June 30) K:Axx PDF Agenda Process\2021\August 9,2021\building activity.doc 5 BU August 9, 2021 TO: Honorable Mayor and City Council through City Administrator THRU: Marty Pilcher, Chief of Police FROM: Jason Millican, Lieutenant SUBJECT: Liquor License Application RECOMMENDATION: Recommend that the OLCC does NOT approve the Liquor License Application for EI Perico based upon the attached Findings. BACKGROUND: Applicant: Micheladas Y Antojitos EI Perico, LLC 686 Lancaster Dr. NE, Salem, Oregon 97301 Point of Contact: Gloria Loera Arechiga 1710 Wilshire Place Stayton, Oregon 97383 503-607-3116 Business: EI Perico, LLC 347 N. Front St Woodburn, OR 97071 503-607-3116 Owner(s): Gloria Loera Arechiga Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x 6 Honorable Mayor and City Council August 9, 2021 Page 2 License Type(s): Full On-Premises, Other Public Location - May sell and serve distilled spirits, malt beverages, wine, and cider for consumption on the licensed premises. May sell malt beverages, wine, and cider to individuals in a securely covered container (growler) for consumption off the licensed premises. On June 21 , 2021, the Woodburn Police Department received an application for Full On-Premises, Other Public Location, for EI Perico. The business will operate as a bar and event space. The business will be located at 347 N. Front St., Woodburn, Oregon 97071 . The hours of operation are from 7 AM to 2 AM Friday-Sunday. There will be a DJ and/or live music from 5PM to 2AM Friday-Sunday. The business will have live music, DJ, dancing and Karaoke for entertainment. The business will have no outside seating. DISCUSSION: On July 12, 2021 , Chief Pilcher and I attended a downtown business meeting to discuss events and concerns in the downtown area. During this meeting, we received information regarding a new place that opened up and had live entertainment. We were able to determine they were talking about the upstairs area of 347 N. Front St (Metropolis). I was immediately concerned because I was in the process of reviewing their (EI Perico Night Club) OLCC application. One of the business owners told me there were juveniles in the downtown area the weekend before that appeared intoxicated. The business owner then showed be a picture on their phone that appeared to a grand opening advertisement for the EI Perico Night Club on August 6, 2021 . They are planning to have four different live entertainers and the night club is open for people who are 16 years and older. Chief Pilcher and I walked down to the location and I noticed the upstairs area had been set up as the diagram originally proposed in the OLCC application. There were also bottles of mixers and distilled spirits near the bar area. Soon after, I reached out to OLCC and contacted Stephanie Boyd who is an OLCC Liquor Inspector. Stephanie told me the business owner had received a onetime special event permit for July 2. Also later that week I received a short video from Chief Pilcher. It was from a third party and it captured a large group of people dancing to live music. I forwarded the video to Stephanie and she advised she would forward it to the OLCC investigator who was reviewing the application because "This particular video does not reflect a minor friendly environment." 7 Honorable Mayor and City Council August 9, 2021 Page 3 On July 14, 2021 , 1 advised Detective Aaron Devoe to contact Jorge Barajas Loera, a representative of the applicant EI Perico, in regards to the concerns surrounding the video, flyer, and our concerns about the event that occurred on July 2. Jorge initially told Detective Devoe it was a private event on July 2. After admitting that anyone could come and buy a ticket to enter, Jorge then said it was a public event. Jorge advised they used bracelets to differentiate between minors and adults for alcohol sales. Jorge advised to his knowledge, no minors were drinking in the premises. Jorge told him when they open, they plan to have public events on Fridays as well as private events at different times. Jorge advised for future events they plan to us "bank lobby style poles and ropes" to provide a barrier and possibly look into moveable metal railings. Detective Devoe suggested to Jorge that he submit a new floor plan outlining how they intend to keep minors separate in the establishment. I contacted Stephanie Boyd again to advise her of the information we had received from Jorge. Stephanie contacted me a few days later advising Jorge had submitted an updated floor plan. Stephanie also told me they were requiring a Minor Control Plan for the premises. On July 21 , Stephanie sent me an updated plan for EI Perico Night Club. The Police Department has completed a background investigation on the subject listed on the OLCC application, Gloria Loera Arechiga. Gloria has a valid Oregon driver's license. In 2002, Gloria was arrested for illegal entry into the U.S. and removed. Gloria was clear in all other police database checks. Jorge Barajas Loera was listed as a contact for the application and does have a conviction for DUII and an arrest for possession of methamphetamine in 2008. Given all the information we have received, the Woodburn Police Department is recommending that the City Council deny the OLCC Liquor License Application for EI Perico Night Club for the following reasons: • As advertised, this a night club not just an event space • This night club environment, where alcohol will be served, is not a minor friendly environment 8 Honorable Mayor and City Council August 9, 2021 Page 4 FINANCIAL IMPACT: None Attachment Findings of Fact 9 Findings Supporting the City of Woodburn's Local Government Recommendation that OLCC Deny the Liquor License Application for El Perico for a Licensed Premises at 347 N. Front Street,Woodburn, Oregon FINDINGS OF FACT Nature of the Application A. On June 21, 2021, the City of Woodburn ("the City"), through the Woodburn Police Department, received a liquor license application ("the Application") from Micheladas y Antojitos El Perico, LLC ("the Applicant"). The Application was filed on June 21, 2021 with the Oregon Liquor Control Commission ("OLCC"). B. The Applicant is now seeking a "local government recommendation" from the City, as is required by law. C. The Application is for "Full On-Premises, Other Public Location." This would allow the applicant to sell and serve distilled spirits,malt beverages,wine, and cider for consumption on the licensed premises. Also, the applicant could sell malt beverages,wine, and cider to individuals in a securely covered container ("growlers") for consumption off the licensed premises. D. The licensed premises would be located at 347 N. Front Street, in the center of downtown Woodburn. E. The licensed premises would be within approximately 20 feet of the Woodburn Downtown Plaza Park. F. The hours of operation would be from 7 AM to 2 AM Friday—Sunday. G. There would be live music from 5 PM to 2 AM Friday— Sunday. H. Entertainment would consist of live music, DJ, dancing, and karaoke. L The business would have no outside seating. Applicant's July 2, 2021 "Special Event" A. The Applicant earlier filed an application with OLCC for Temporary Use of an Annual License seeking approval for a"special event"to occur on July 2, 2021. at 347 North Front Street,Woodburn,the same location where the Applicant is currently seeking a new OLCC Annual License. B. As required by law, the Applicant sought a local recommendation to OLCC by the Woodburn Police Department for the "special event." 1 10 C. Woodburn Police Chief Pilcher then recommended that OLCC grant approval for the July 2, 2021, "special event." D. Chief Pitcher's approval recommendation to OLCC was consistent with a series of other previous special events (i.e., birthday parties, awards ceremonies, and private parties) that occurred at this location. E. Contrary to what the Applicant represented to OLCC,the July 2, 2021 occurrence was not a"special event"but was actually "soft opening" of what the Applicant characterizes as a "Night Club" (See Exhibit 1) F. After initially maintaining that the"special event"was private,the Applicant then admitted to the City that paid tickets to the event were available to anyone and the July 2, 2021 occurrence was a public event. G. A downstairs business owner at 347 North Front Street filmed a short video of what actually occurred at the July 2, 2021 "special event." This video is attached and incorporated into these Findings. The video depicts a Night Club atmosphere that is not minor friendly, with trays of drinks being served and minors and adults mingling together. Applicant's Promotion of a"16+Night Club" in Downtown Woodburn A. According to the Applicant, a "Grand Opening" of"El Pericos Nightclub" will occur on August 6, 2021. The Applicant's Promotional Flyer clearly states that the proposed licensed premises is a"16+Night Club." (See Exhibit 1) B. Promotional material by the Applicant on its website and on social media advertises a Night Club atmosphere that is not minor friendly but is in enticing to minors. (See Exhibit 2) bt:t: ://www.1' c i�c c k.cc� �/=car:�c b r c r / i c s/4296362377 i 24849 Proposed Licensed Premises is Located in Downtown Woodburn A. The site of the proposed licensed premises is located at 347 North Front Street in downtown Woodburn. B. Downtown Woodburn is an area of the City that has a history of persistent problems with unlawful activities involving drugs and alcohol. . C. OLCC's records show that there are already 12 licensed premises in the Woodburn downtown. (See Exhibit 3) 2 11 D. The Applicant has not shown that creating an additional licensed premises in downtown Woodburn will not contribute to downtown Woodburn's current problems. Proposed Licensed Premises is Located Approximately 20 Feet from a City Park A. The site of the proposed licensed premises is located at 347 North Front Street and this is approximately 20 feet from the Woodburn Downtown Plaza Park. (See Exhibit 4) B. Looking at a photograph of the proximity of the entrance of 347 North Front Street to the benches in the Woodburn Downtown Plaza Park makes it clear that if OLCC approves this licensed premises it will have an adverse impact by "spilling over" and changing the general character of the park area. (See Exhibit 4) APPLICABLE LAW A. 845-005-0308 Valid Bases for Adverse Local Government Recommendations (3)For the unfavorable recommendation of a local governing body to be valid,the grounds must be found in the license refusal bases of ORS 471.313(4), 471.313(5), OAR 845-005- 0320, 845-005-0325 or 845-005-0326, or the license restriction bases of 845-005-0355, and must be supported by reliable factual information. B. ORS 471.313 Grounds for refusing to issue license or for issuing restricted license The Oregon Liquor Control Commission may refuse to issue a license,or may issue a restricted license,to any applicant under the provisions of this chapter if the commission has reasonable ground to believe any of the following to be true: (1) That there are sufficient licensed premises in the locality set out in the application, or that the granting of a license in the locality set out in the application is not demanded by public interest or convenience. (4) That the applicant: (b) Has made false statements to the commission. (5) That there is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise either in the premises proposed to be licensed or involving patrons of the establishment in the immediate vicinity of the premises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior which is grounds for refusal of a license under this section, where so related to the sale or service of alcohol, includes, but is not 3 12 limited to obtrusive or excessive noise, music or sound vibrations; public drunkenness; fights; altercations; harassment; unlawful drug sales; alcohol or related litter; trespassing on private property; and public urination. C. 845-005-0325 License Refusal Reasons: Applicant Qualifications (6) The applicant provides material false or misleading information to the Commission. D. 845-005-0326 License Not Demanded by Public Interest or Convenience (2)Proximity to Facilities: (a)The licensed premises: A. Will be located within 500 feet in urban or suburban areas or within 1,500 feet in a rural area of the boundary (measured property line to property line) of a licensed child care facility or elementary or secondary school; a church; a hospital, nursing care facility or convalescent care facility; a park or children-oriented recreational facility; or alcohol and other drug treatment or rehabilitation facility; and B. Will adversely impact the facility. (3)Problem Areas: A. The licensed premises will be located in an area that has a history of serious or persistent problems with unlawful activities, noise or disturbances. These problems need not be alcohol-related. CONCLUSIONS After allowing the Applicant to be heard before the City Council on August 9, 2021 and then applying the Applicable Law to the Findings of Fact, the City Council makes the following conclusions: Nature of the Local Government Recommendation A. The City Council's unfavorable local government recommendation is based on the license refusal bases of ORS 471.313(4), 471.313(5), OAR 845-005-0320, 845-005-0325 or 845- 005-0326, and the license restriction bases of 845-005-0355, and is supported by reliable factual information. B. Accordingly, the City Council's local government recommendation to deny the liquor license of El Perico, that is pending before OLCC is valid and OLCC should deny the El Perico liquor license. 4 13 July 2, 2021 "Special Event" A. The Applicant was not transparent with either the City or OLCC about the "special event" it held at 347 North Front Street, Woodburn on July 2, 2021. B. In seeking approval, the Applicant led the City and OLCC to believe that the proposed "special event" on July 2, 2021 would be consistent with the series of previous special events (i.e., birthday parties, awards ceremonies, and private parties) held at 347 North First Street, Woodburn. C. In fact the July 2, 2021 "special event" served as a "soft opening" for the Night Club, encouraging the participation of minors, which is the subject of the Applicant's pending liquor license application. D. The video taken of the July 2, 2021 "special event"shows a Night Club atmosphere that is not minor friendly, with trays of drinks being served and minors and adults mingling together. 1.1.1126 // c uIu.bc/ii0xi- K70c „ : '. E. After the July 2, 2021 "special event" and during the entire period preceding action of its pending liquor license application by OLCC,the Applicant has aggressively advertised and promoted its new proposed "16+ Night Club", which will have full-on premises liquor service. (See Exhibit 1) F. Accordingly, it is the Applicants own promotional material related to the "16 Night Club" that is the most compelling reason for OLCC to find that the Applicant's liquor license is not in the public's interest and the Application should be denied. This Additional Licensed Premises in Downtown Woodburn will Contribute to Downtown's Current Problems A. The proposed licensed premises, located at 347 North Front Street is in the heart of downtown Woodburn. B. Despite extensive efforts by the City to improve and enhance the quality of life downtown for all Woodburn residents, the downtown area has a history of persistent problems with unlawful activities involving drugs and alcohol. This is well documented by Woodburn Police Department records. (See Exhibit 5) C. Under OAR 845-005-0326(3), the burden is on the Applicant to show that alcoholic beverage sale or service will not contribute to these downtown problems and the Applicant has not done this. To the contrary,the Applicant's insistence on a"16+Night Club"shows 5 14 an insensitivity to this issue and demonstrates that, if the proposed licensed premises is approved, downtown problems will likely increase. The Proposed Licensed Premises is Approximately 20 feet from a City Park A. The proposed licensed premises, located at 347 North Front Street is approximately 20 feet from the Woodburn Downtown Plaza Park. B. The Downtown Plaza Park is an integral part of the City's efforts to improve and enhance the quality of life downtown for all Woodburn residents. The Gazebo was added to the Plaza through the volunteer efforts of community organizations to assist the City. Benches were added to the Plaza so there would be a family friendly atmosphere. C. Under OAR 845-005-0326(2) the burden is on the Applicant to show that alcoholic beverage sale or service is consistent with the general character of the area and that the Applicant's activities will not unreasonably impact the Park and the Applicant has not done this. To the contrary, the Applicant's insistence on a "16+ Night Club" shows an insensitivity to this issue and demonstrates that, if the proposed licensed premises is approved, problems caused by the licensed premises will likely "spillover" into the Woodburn Downtown Plaza Park and adversely impact it. There are Sufficient Licensed Premises in the Woodburn Downtown A. OLCC has statutory authority to refuse a liquor license where it determines that there are already sufficient licensed premises in the locality set out in the application. B. Based on OLCC's records, there are currently 12 licensed premises in the Woodburn downtown. (See Exhibit 3) C. Accordingly, since there are already sufficient licensed premises in the Woodburn downtown, the Application should be denied. 6 15 ViVIII ates O�IS 419C 680 (Cuirfew) �Mi11v1111111 atiilnospIIIwiire foll, UinaccoinnpaIIS iied cdyd�1 use �P IIIinniIIIIi irfiileiiiid�y J" .......... l/K MAYORES DE.16+ DAMAS $25 CA' ALLEROS S,pm A 3AM 347 N FRONT ST WIDODBURNI, OR 97071 ..........11 .......... VIII I°iI°ii IIII 111111114IIIIIIIII llIV�llioiilne of itIlie VIII iiiids foir �6�oir 16+ a111H1� ages" Exhibit 1 16 Original Facebook Post in Spanish Posting Translation on Facebook Posted: Wednesday, August 4, 2021 at 9:26 PM GeorrgeArnador 3arapas Loera Ge��rgr,�rnas�ti:rrr�arapasL�.era of � E to r eines la Casa de lac Ilxandas para has merores de edacl I E+las 7R^s Einday�tre-oLse of.re bards for n,•rNxs 16- Nre a°snit°C'a(cU eaaera^r,ir;,Spm a3an,i los esperamos 8pprrrto3rrrKp;vewaitfor yn.n N � hrr�rr r., l� hal ,. SI IGIj fl.iVe�[i I, , r"'raanur ,r°,t �� II l`E9 17 District 2 Renewals Page AURIN Page 1 License Ne.l Premises Address&Phone Premises Mailing Address Premises No, Tradename/LicenseelLieera,se Tape Lie. 307396 7 SEAS RESTAURANT&BAR 595 N PACIFIC HWY STE B PO BOX Prem. 23121 SOTERO ENCISO CHAVEZ WOODBURN, OR 97071 WOODBURN,OR 97071 F-COM-FULL ON-PREMISES SALES 503-868-1167 — — — Lit. 308558 7-ELEVEN.STORE#1:2362-174'160 893 N PACIFIC HWY — PO BOX 219088 Prem. 3101 SZO WOODBURN LLC WOODBURN,OR 97071 DALLAS,TX 75221 O-OFF-PREMISES SALE'S 503-981-4774 Lie.— — — — — — — — 308942 A& 5 MARKET 134 HARRISON ST Prem. 40170 THAPAS CORPORATION WOODBURN,OR 97071 £7-OFF-PREMISES SALES 505-981-9093 Lie.— — —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 — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lie.— 305993 ANTOJITOS'ZARAGOZA 611 N PACIFIC HWY — Prem. 61005 FLAVIA ZARAGOZA WOODBURN,OR 97071 L-LIMITED ON-PREMISES SALES 503-981-0797 — - - - - - - - - - - - — — — — — — — — — — — — Lie.— 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 Lica— 308417— — — — — — — — — — C&MI MARKET 936 N PACIFIC HWY Prem, 44992 PR BROTHERS CORP WOODBURN, OR 97071 aD-OFF-PREMISES SALES 503=982_6000 - - - - - - - - - - - - - - - - - - - - Lie. 307207 CARNICERIA EL RANCHITO 977 N PACIFIC HWY Prem. 49761 CARNICERIA EL RANCHITO LLC WOODBURN,OR 97071 O-OFF-PREMISES SALES 503-981-3060 Lic.— 307402CASAMARQUEZ MEXICAN GRILL. 553 FRONT ST - - - - - Prem. 40496 ENRIMAR CROUP LLC WOODBURN,OR 97071 F-COM-FULL ON-PREMISES SALES 503-981-3962 _ _ _ Lie.— 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 -�-� .�--- — — — — — — — — — — — — — — — — — — — — — ------- -�-' — — — — . — — �..... — Lie. 308142 CROSSROADS GROCERY&DELI 303 N PACIFIC HWY 495 IRONWOOD TERR Prem, 12113 SOON I.LEE WOODBURN,OR 97071 WOODBURN,OR 97071 O-OFF-PREMISES SALES Lie. 309366 DERE"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 Lie.— 311023— - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DEL SOL MARKET 397 N FRONT ST Prem. 48356 SNY LLC WOODBURN,OR 97071 O-OFF-PREMISES SALES. 503-981-1441 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lie. - - - Lie. 310922 DENNY'S WOODBURN 2919 NEWBERG HWY Prem. 24782 WOODBURN-DENN LLC WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-901-9738 — — — — — — — — — — — — Lie. 316417—DENNY'S WOODBURN 2919 NEWBERG HWY — Prem, 24782 WOODBURN-DENN LLC WOODBURN,OR 97071 O-OFF-PREMISES SALES 503-901-9738 Exhibit 3 18 District 2 Renewals WOODBURN Page: 2 License Nc„! Premises No. Tradename/Licer,seeYLicense Type Premises Address&Phone Premises Mailing Address Lic. 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 Prern. 42438 VICENTA ZARAGOZA CABRERA WOODBURN,OR 97071 L-LIMITED ON-PREMISES SALES 503-'981-9000 —, — - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - Lic. 307348 ELMER"S BREAKFAST LUNCH DINNER 255 N A'RNEY 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 Prern. 27173 BAAJ CORPORATION WOODBURN,OR 97071 0-OFF-PREMISES SALES 503-981-9039 — — — — —307589 LINA"S RESTAURANT 1186 N PACIFIC HWY - - - - - - - -- - - - - - - Lic.Prern. 57808 CHU'N 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 WOODEURN,OR 97071 0-OFF-PREMISES SALES 503-981-3131 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - Lic. 307636 LA AZTECA 153 GRANT ST Prem. 40292 LA AZTECA INC WOODBURN. OR 97071 0-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 HWY2156 LANCASTER DR NE Prem. 57547 EL TORITO MEAT MARKET WOODBURI WOODBURN,OR 97071 SALEM,OR 97305 0-OFF-PREMISES SALES 503-981-7361 --• -- - - - - - - - - - - - - - - ._.-. - - - - - - - - - - - - - - - - - - - Lic. 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 - - - - - - -. ..- - - - - - - - - - - - - - - - - - - - - - Lic. 309319 LCIS 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lic. 308872 LOS CUATRO HERMANOS MEXICAN R 152 GARFIELD ST 430 N 1ST 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 Prern. 51541 MARISCOS EL SARANDEADO MEXICAd WOODDURN, OR 97071 0-OFF-PREMISES SALES 503-982-1717 - - - - - - - - - ._..- - - - - - .--- - - - - - - - - - - - - - - Lic. 307768 MARISCOS EL SARANDEADO 320 N PACIFIC HWY#110 Prern. 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 503-969-2318 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Exhibit 3 19 District 2 Renewals 'WOODBURN Page 3 License No.l Premises No. TeadenemelLicenseeAL"ocense Type Premises Address&Phone Premises Mailing Address Lie. 3203001 METROPOLIS GROWLERS 347 N FRONT ST#7 Prem. 59232 METROPOLIS LLC WOODBURN,OR 97071 0 OFF-PREMISES SALES 503-989'-2318 — - ----- - - - - - - - - — - - - - - - __ - - - - - - - - - - - Uc. 308172 NEWAM PM OF WOODBURN 850 LAWSON AVE Prem. 40230 LB GROUP LLC WOODBURN, OR 97071 0-OFF-PREMISES SALES 503-982-2131 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lie. 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lie. - - - - - - m._ - - - - - - - - - - - - - - - - - - - - - - - - - -•- - - Lie. 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 Lie. 308470—RED ROBIN GOURMET BURGERS AND 3060 SPRAGUE LANE — — — — — 6312 S FIDDLER'S GREEN CII; Prem. 54703 RED ROBIN INTERNATIONAL INC WOODBURN,OR 97071 GREENWOOD VILLAGE,CO € F-COM-FULL ON-PREMISES SALES 503-980-1598 - - - - - - - - - - - ---- - - - - - - - - - - .-_. - - - - - - - - - - - - - - Lie, 315895 RED ROBIN GOURMET SURGERS AND 3060 SPRAGUE LANE 6312 S FIDDL'ER'S GREEN CIF Prem. 54703 RED ROBIN INTERNATIONAL INC WOODBURN,OR 97071 GREENWOOD VILLAGE,CO F 0 OFF-PREMISES SALES 503-980-1598 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lie. 308494 RUMOR'S BAR&GRILL 327 N PACIFIC HWY 1250 NEWBERG HWY Prem. 2288 RUMORS BAR INC WOOD8URN,OR 97071 WOODBURN, OR 97071 F-COM-FULL ON-PREMISES SALES 503-932-3942 Lie.— 308789 SAFEWWAY STORE#1975 — — — — — — — — — — — 1550 N PACIFIC HWY PO BOX 29096 Prem. 36483 SAFEWAY INC WOODBURN, OR 97071 PHOENIX,AZ 85038 0-OFF-PREMISES SALES 503-982-2756 Lie, 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 - - - - - - - - - . - - _ —. .__ - - - - - ----- - - - - Uc. 307934 SUNRISE FOOD MART&DELI 695 N SETTLEMIER AVE Prem. 3091 G S MALWA INC WOODBURN, OR 97071 0-OFF-PREMISES SALE'S 503-981-6378 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lie. 307704 SUSHI BROTHERS 111 N ARNEY RD STEB B 2830 SE 136TH PL Prem, 59824 MJ BROTHER INC WOODBURN,OR 97071 PORTLAND,OR 97236 L-LIMITED ON-PREMISES SALES 503-981-3838 Lie, 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 0N-PREMISES SALES 503-981-3663 - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - ---- - - - - Lie. 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 1ST ST - - - - - Prem. 59988 TIENDA MEXICANA MONTE ALBAN LLC WOODBURN,OR 97071 0-OFF-PREMISES SALES 503-970-0714 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Exhibit 3 20 District 2 Renewals WOODBURN Page 4 License No./ Premises No. TradenamelLicenseelLicense Tyree Premises Address&Phone Premises Mailing Address LIG. 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 'IST 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 FOOD AVE#103 Prem. 50471 VALLEY PACIFIC FLORAL&INTERIORS WOODBURN,OR 97071 0-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 — — — — — — Ue. 306943 WAL.MART#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 - - - - - ._w.. - - - - - - - - - - - - •-- - - - - - - -_ — ..- - - - _-. - - - - Lic. 307995 WHEELER DEALER 1750 MT JEFFERSON AVE 862 CUMMINGS LN N Prem. 60205 J&B LIQUIDATORS INC WOODBURN, OR 97071 KEI?ER,OR 97303 0-OFF-PREMISES SALES 503-982-5553 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 310304 WOODBURN BOWL— — — — — — — — — — — — — — — — 435 NPACIFIC HWY Lic.Prem, 11528 WOODBURN BOWL LLC WOODBURN,OR 97071 F-COM-FULL ON'-PREMISES SALES 503-981-1500 - - - - - - ,— ..- - - - - -- - - - - - - - - - - - -- - - - - - Lc. 307125 WOODBURN ESTATE'S&GOLF J CODUN 1776 COUNTRY CLUB RD Prem, 50223 COUNTRY COTTAGE RESTAURANT LL( WOODBURN,OR 97071 L-LIMITED ON-PREMISES SALES 503-982-1776 - - - - - - - - - - - - - - - - - - - - - - - -w-- - - - - - - -- - - - - ---- 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 0 OFF-PREMISES SALES 503-981-1227 .— - - - - - - - - - - - - - ..µ.- - - - - - - - - - - - - - - - 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 - - - - - MEGA FOODS — 1542 MT HOOD AVE — — Lic. 3183353595 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 O-OFF-PREMISES SALES 505-981-5833 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Count for WOODBURN 59 Exhibit 3 21 r w««„r ++,r.rgi rrrs OODBURN ty ... ! �� August 3, 2021 N. Robert Shields, City Attorney City ul`Woodburn 270 Montgomery omery t. Woodburn, OR 97071 Re: Woodburn Downtown Plaza Park Dear Mr. Shields: In response to your inquiry, l carr crnfirni that tlic ""v oodbrtrrr Downtown plaza Park is located aper xiinat ly 20 l"cct ftom the l ets° polis Building, located. at 347 N Front St, Woodburn, OR 97071. Please let me know if you have any further questions. ns. Sincerely, m Row Assistant City, dmixri strator Office of the CityAdministrator r?'7(,7 r1,f4hiti,i;¢"�p8r r p Sdlvo n,C,71' 847E a1707,l Ph, iii Y82�� Cd:k 501 �8,�i2.4,i Exhibit 4 is OODIBURN I n c o r t) o r a t 4,,� d 8 8 9, August 3, 2021 To: Whom It May Concern RE: 347 N Front Street(Metropolis) 347 N Front Street(Metropolis Marketplace &Venue) is located within 500 feet from the Plaza Park, see Marion County 051 W 18AB map below: r � 0 1 ,A � �� '��'s 05 1W 1 ,AB r WO! DBURN r T f W f *� MARION COUNTY,OREGON „✓ k�,✓' ✓,r ,,.' 'd^, �%�'� NW1,d4 NII,114 Sk C 18 i5 S lu t W WY'.M v ✓ 1 SF 4Lk t'„ �Y r r Vtl a bA eMw�6 d 0 00000 s. , �y � a "f MP6Wk(ASdUiAVP M � 0.f.H",. ,.,✓ ar < l 99 03039 ✓ 7 Y yr "'u`, " rl f A r .Wh p „.',Wp m � .'W r ria f�W, ,: �� ✓t rl� 'Wali j i � ��✓ m�; rr `�f` ^wry^y�r r � � � F ✓",.., „u, �b: °;wA� ��r,� im.crDaviE::waeeutXxu ., WOODBURN 015 1W 181111 Sincerely, par ya,. Dago Garcia,PE City Engineer Engineering &Project Delivery Engineering&Project Delivery 190 G rfic..Id'idrs'('.t e WI)Odb urn,On"gon 97071 Exhibit 4 lIfi.5030 982 5240 e Fax 593...981...5242 23 ✓ r 6" � i s r x Y � C,a r , r`D x i •r �,�, i rr ��i N�l�ti� SII pi A r 1, 24 2019 Drug/Alcohol related Calls (District 2 Includes Downtown) Create Date.Calendar Calendar 2019 ORI OR0240500 Canceled No Call Count Beat Call Type Call Type Description DIST 1 DIST 2 DIST 3 Grand Total DRUG Drug Offense 25 28 13 66 INTOX SUBJECT Intoxicated Person 20 42 36 98 LIQ Liquor Violation 1 4 3 8 MIP A MIP Alcohol 2 2 1 5 Grand Total 48 76 53 177 Exhibit 5 25 2020-21 Drug/Alcohol Related Calls (District 2 Includes Downtown) Create Date.Calendar (Multiple Items) ORI OR0240500 Canceled No Call Count Beat Call Type Call Type Description DIST 1 DIST 2 DIST 3 Grand Total DRUG Drug Offense 9 16 10 35 INTOX SUBJECT Intoxicated Person 27 38 25 90 LIQ Liquor Violation 3 2 5 MIP A MIP Alcohol 1 1 Grand Total 39 56 36 131 Exhibit 5 26 2020-2021 Police Calls with Front Street Address Case Number Reported Date/Time Occurred Incident Type Location 2021-00007654 7/7/2021 11:09 All Other Offense 1601 N FRONT ST 169,WOODBURN 2021-00006632 6/13/202115:46 All Other Offense N FRONT ST/NEWBERG HW,WOODBURN 2021-00005986 5/28/202116:25 All Other Offense 247 N FRONT ST,WOODBURN 2021-00005436 5/15/202111:33 All Other Offense 347 N FRONT ST,WOODBURN 2021-00003280 3/25/202121:56 All Other Offense 689 N FRONT ST,WOODBURN 2020-00009699 9/9/2020 18:39 All Other Offense 1425 N FRONT ST,WOODBURN 2020-00009590 9/6/2020 20:53 All Other Offense 1601 N FRONT ST 123,WOODBURN 2021-00008586 7/28/202122:48 Assault 449 S FRONT ST,WOODBURN 2021-00006825 6/18/202112:51 Assault 751 N FRONT ST,WOODBURN 2021-00006821 6/18/202111:27 Assault 605 S FRONT ST,WOODBURN 2021-00005232 5/9/202121:56 Assault 449 N FRONT ST,WOODBURN 2020-00010824 10/8/202023:44 Assault 749 N FRONT ST,WOODBURN 2020-00009589 9/6/2020 19:51 Assault 141 N FRONT ST,WOODBURN 2020-00009287 8/29/2020 22:49 Assault 1100 FRONT ST,WOODBURN 2020-00008513 8/9/2020 19:43 Assault GARFIELD ST/N FRONT ST,WOODBURN 2021-00001950 2/17/202113:51 Burglary 553 N FRONT ST,WOODBURN 2021-00000627 1/17/20212:37 Burglary 1601 N FRONT ST 172,WOODBURN 2020-00009243 8/29/20206:09 Burglary 1679 N FRONT ST,WOODBURN 2021-00007520 7/3/202123:04 Criminal Mischief N FRONTST/E CLEVELAND ST,WOODBURN 2021-00006414 6/7/202116:56 Criminal Mischief 1601 N FRONT ST,WOODBURN 2021-00005604 5/18/202118:51 Criminal Mischief 1601 N FRONT ST 168,WOODBURN 2021-00005544 5/17/20218:51 Criminal Mischief 868 N FRONT ST,WOODBURN 2021-00003170 3/22/202123:21 Criminal Mischief 111 N FRONT ST,WOODBURN 2021-00000776 1/20/202112:17 Criminal Mischief 607 N FRONT ST,WOODBURN 2021-00000092 1/2/2021 15:32 Criminal Mischief 1601 N FRONT ST,WOODBURN 2020-00012392 11/22/2020 10:29 Disorderly Conduct 523 N FRONT ST,WOODBURN 2021-00007313 6/29/202120:27 Drug Investigation 1601 N FRONT ST 169,WOODBURN 2021-00008430 7/25/202110:54DUll N FRONT ST/GARFIELD ST,WOODBURN 2021-00007917 7/13/202118:35 DUII S FRONT ST/CHERRY ST,WOODBURN 2021-00007326 6/30/2021 2:04 DUII NEWBERG HW/N FRONT ST,WOODBURN 2021-00005613 5/18/202121:00 DUII 141 N FRONT ST,WOODBURN 2021-00003283 3/26/20210:12 DUII N FRONT ST/SHENANDOAH LN,WOODBURN 2021-00001972 2/17/202123:02 DUII GARFIELD ST/N FRONT ST,WOODBURN Exhibit 5 27 2020-2021 Police Calls with Front Street Address 2021-00001155 1/29/202122:50 DUII HARRISON ST/N FRONT ST,WOODBURN 2021-00000932 1/24/20213:32 DUII N FRONT ST/HAZELNUT DR,WOODBURN 2021-00000499 1/13/202120:34 DUII N FRONT ST/GARFIELD ST,WOODBURN 2020-00013185 12/15/202018:05 DUII N FRONT ST/W HAYES ST,WOODBURN 2020-00012461 11/24/202014:54 DUII 1009 N FRONT ST,WOODBURN 2020-00009257 8/29/202013:25 DUII N FRONT ST/W HAYES ST,WOODBURN 2021-00005248 5/10/202114:26 Elude S FRONT ST/TOUT ST,WOODBURN 2020-00012451 11/24/2020 9:32 Elude HARDCASTLE AV/N FRONT ST,WOODBURN 2021-00007323 6/30/20210:43 Family Offenses 1601 N FRONT ST 169,WOODBURN 2021-00006942 6/20/202120:45 Family Offenses 607 N FRONT ST,WOODBURN 2020-00011482 10/27/2020 10:25 Family Offenses 1601 N FRONT ST 205,WOODBURN 2020-00010528 10/1/2020 13:41 Family Offenses 1601 N FRONT ST 205,WOODBURN 2020-00010138 9/21/2020 7:12 Family Offenses 1601 N FRONT ST 205,WOODBURN 2020-00009013 8/23/2020 11:25 Family Offenses 1601 N FRONT ST 246,WOODBURN 2020-00008766 8/16/2020 22:23 Family Offenses 868 N FRONT ST,WOODBURN 2021-00000048 1/1/202119:06 Forgery 111 N FRONT ST,WOODBURN 2021-00000043 1/1/202117:45 Forgery 111 N FRONT ST,WOODBURN 2021-00008566 7/28/202111:36 Fraud 479 N FRONT ST,WOODBURN 2021-00008554 7/28/20218:31 Fraud 479 N FRONT ST,WOODBURN 2021-00008028 7/16/20219:47 Fraud 263 N FRONT ST,WOODBURN 2021-00004089 4/13/202111:52 Fraud 2549 N FRONT ST,WOODBURN 2021-00001935 2/17/202110:08 Fraud 1601 N FRONT ST APT 118,WOODBURN 2020-00009831 9/12/202017:49 Fraud 479 N FRONT ST,WOODBURN 2021-00004886 5/2/2021 13:58 Harassment 1601 N FRONT ST 270,WOODBURN 2021-00004405 4/20/202118:05 Harassment 449 N FRONT ST,WOODBURN 2021-00002084 2/20/202121:41 Harassment 1053 N FRONT ST,WOODBURN 2020-00010484 9/30/2020 12:50 Harassment 1601 N FRONT ST 205,WOODBURN 2021-00008672 7/31/20210:12 Hit and Run 575 N FRONT ST,WOODBURN 2021-00008164 7/18/202122:37 Hit and Run N FRONT ST/W LINCOLN ST,WOODBURN 2021-00008157 7/18/202117:40 Hit and Run N FRONT ST/ARTHUR ST,WOODBURN 2021-00004535 4/23/202117:04 Hit and Run 311 N FRONT ST,WOODBURN 2021-00002894 3/14/202122:05 Hit and Run HARRISON ST/N FRONT ST,WOODBURN 2021-00002092 2/21/20211:51 Hit and Run N FRONT ST/GARFIELD ST,WOODBURN 2021-00001369 2/3/202119:36 Hit and Run N FRONT ST/GARFIELD ST,WOODBURN 2021-00001299 2/1/202119:36 Hit and Run N FRONT ST/GARFIELD ST,WOODBURN Exhibit 5 28 2020-2021 Police Calls with Front Street Address 2021-00000068 1/2/20212:11 Hit and Run N FRONT ST/E LINCOLN ST,WOODBURN 2020-00012581 11/28/2020 21:51 Hit and Run GARFIELD ST/N FRONT ST,WOODBURN 2020-00011542 10/29/20202:05 Hit and Run 1601 N FRONT ST,WOODBURN 2020-00011372 10/24/202012:39 Hit and Run E LINCOLN ST/N FRONT ST,WOODBURN 2020-00010696 10/5/2020 19:22 Hit and Run 825 S FRONT ST,WOODBURN 2020-00010142 9/21/202010:06 Hit and Run 755 N FRONT ST,WOODBURN 2020-00009315 8/30/2020 15:22 Hit and Run 607 N FRONT ST,WOODBURN 2020-00013114 12/13/202016:59 Menacing 689 N FRONT ST,WOODBURN 2021-00002666 3/8/202118:47 Missing/Runaway 1601 N FRONTST 290,WOODBURN 2021-00006744 6/16/20216:03 Motor Vehicle Theft 1601 N FRONT ST 288,WOODBURN 2021-00006175 6/2/20215:14 Motor Vehicle Theft 1601 N FRONT ST 154,WOODBURN 2021-00005803 5/23/202116:07 Motor Vehicle Theft E LINCOLN ST/N FRONT ST,WOODBURN 2021-00003454 3/30/202113:54 Motor Vehicle Theft 1601 N FRONT ST 246,WOODBURN 2021-00000685 1/18/202119:28 Motor Vehicle Theft 1679 N FRONT ST,WOODBURN 2020-00010170 9/22/2020 9:48 Motor Vehicle Theft TOUT ST/S FRONT ST,WOODBURN 2020-00010137 9/21/2020 6:03 Motor Vehicle Theft 1601 N FRONT ST 233,WOODBURN 2020-00009536 9/5/2020 11:27 Motor Vehicle Theft 347 N FRONT ST,WOODBURN 2020-00008774 8/17/2020 4:41 Motor Vehicle Theft 1601 N FRONT ST 229,WOODBURN 2020-00008662 8/14/2020 5:50 Motor Vehicle Theft 1601 N FRONT ST 109,WOODBURN 2020-00008553 8/11/2020 5:39 Motor Vehicle Theft 1601 N FRONT ST 201,WOODBURN 2021-00008223 7/20/202116:35 Public Health&Safety N FRONT ST/HARDCASTLE AV,WOODBURN 2021-00008082 7/16/202123:43 Public Health&Safety 347 N FRONT ST,WOODBURN 2021-00000037 1/1/2021 16:19 Public Health&Safety 311 N FRONT ST,WOODBURN 2021-00005343 5/13/20211:38 Recovered Motor Vehicle 1601 N FRONT ST,WOODBURN 2020-00012667 12/1/2020 10:22 Recovered Motor Vehicle N FRONT ST/GRANT ST,WOODBURN 2021-00007580 7/5/202113:36 Restraining Order 523 N FRONT ST,WOODBURN 2021-00006560 6/11/202121:01 Restraining Order 523 N FRONT ST,WOODBURN 2021-00005920 5/26/202119:10 Robbery 263 N FRONT ST,WOODBURN 2021-00008323 7/22/202123:47 Runaway 903 N FRONT ST,WOODBURN 2021-00006080 5/30/202119:19 Runaway 1601 N FRONT ST 286,WOODBURN 2021-00006073 5/30/202115:19 Sex Offense 1601 N FRONT ST 179,WOODBURN 2021-00004840 5/1/202110:48 Sex Offense 429 S FRONT ST,WOODBURN 2021-00000527 1/14/202112:04 Sex Offense 1425 N FRONT ST,WOODBURN 2021-00004562 4/24/202113:30 Stalking Order 1601 N FRONT ST 108,WOODBURN 2020-00010207 9/23/2020 5:52 Stalking Order 1601 N FRONT ST 205,WOODBURN Exhibit 5 29 2020-2021 Police Calls with Front Street Address 2021-00003245 3/25/20218:39 Stored Vehicle 1601 N FRONT ST 246,WOODBURN 2021-00008031 7/16/202111:51 Theft 532 S FRONT ST,WOODBURN 2021-00007879 7/12/202121:48 Theft 235 N FRONT ST,WOODBURN 2021-00006740 6/15/202122:28 Theft 689 N FRONT ST,WOODBURN 2021-00006145 6/1/202110:35 Theft 1679 N FRONT ST,WOODBURN 2021-00005500 5/16/202114:30 Theft 297 N FRONT ST,WOODBURN 2021-00004953 5/4/202110:52 Theft 1785 N FRONT ST,WOODBURN 2021-00004090 4/13/202113:00 Theft 2215 N FRONT ST,WOODBURN 2021-00003490 3/31/202111:00 Theft 1601 N FRONT ST 275,WOODBURN 2021-00002722 3/10/202110:35 Theft 1601 N FRONT ST,WOODBURN 2020-00012981 12/10/2020 6:13 Theft 1365 N FRONT ST,WOODBURN 2020-00012776 12/4/2020 11:56 Theft 1601 N FRONT ST 196,WOODBURN 2020-00010232 9/23/2020 17:25 Theft 1601 N FRONT ST 220,WOODBURN 2020-00008975 8/22/202014:50 Theft 429 N FRONT ST,WOODBURN 2020-00008847 8/19/2020 11:41 Theft 1601 N FRONT ST 180,WOODBURN 2021-00003276 3/25/202120:35 Traffic Violation 1785 N FRONT ST,WOODBURN 2021-00007605 7/6/20218:37 UEMV 175 N FRONT ST,WOODBURN 2020-00012139 11/13/202020:25 UEMV 247 N FRONT ST,WOODBURN 2021-00002572 3/6/20214:00 Violation of Court Order 1601 N FRONT ST 169,WOODBURN 2021-00007734 7/9/2021 14:22 Warrant Arrest E CLEVELAND ST/N FRONT ST,WOODBURN 2021-00007139 6/25/202120:28 Warrant Arrest N FRONT ST/YOUNG ST,WOODBURN 2021-00006698 6/15/20218:03 Warrant Arrest 1601 N FRONT ST 169,WOODBURN 2021-00005811 5/23/202120:58 Warrant Arrest HARRISON ST/N FRONT ST,WOODBURN 2021-00005252 5/10/202116:24 Warrant Arrest GARFIELDST/NFRONT ST,WOODBURN 2021-00004241 4/16/202121:42 Warrant Arrest YOUNG ST/N FRONT ST,WOODBURN 2021-00002710 3/9/202122:28 Warrant Arrest 141 N FRONT ST,WOODBURN 2020-00013280 12/19/20201:53 Warrant Arrest N FRONT ST/E CLEVELAND ST,WOODBURN 2020-00012709 12/2/202015:30 Warrant Arrest N FRONT ST/E LINCOLN ST,WOODBURN 2020-00012700 12/2/2020 7:53 Warrant Arrest YOUNG ST/N FRONT ST,WOODBURN 2020-00012686 12/1/2020 22:44 Warrant Arrest YOUNG ST/N FRONT ST,WOODBURN 2020-00009839 1 9/12/202021:04WarrantArrest IS FRONT ST/TOUT ST,WOODBURN 2021-00004485 1 4/22/2021 12:26 Weapons Violations 449 N FRONT ST,WOODBURN 2021-00004245 1 4/17/2021 1:47 Weapons Violations HARDCASTLE AV/N FRONT ST,WOODBURN Total Cases:136 Exhibit 5 30 Mha ! � mrd .'49M& O Y 9M& Prrrz r�: .ra ate' %$,ro. August 9, 2021 TO: Honorable Mayor and City Council FROM: N. Robert Shields, City Attorney Chris Kerr, Community Development Director SUBJECT: Modification to Proposed Ordinance 2592 RECOMMENDATION: Adopt the Ordinance. BACKGROUND At the July 26, 2021 , City Council meeting, Ordinance 2592 was introduced and briefly discussed. The Council President suggested that what was meant by "remove" a tree should be more specifically specified. The City Council agreed that this modification would improve the ordinance. Staff stated that it would redraft this provision of the ordinance and present it again for consideration. DISCUSSION: A new Section 1 E was added and reads as follows: E. "Remove" means to relocate, cut down, damage, poison, or in any other manner destroy, or cause to be destroyed, a tree. This new definition of "remove" broadens the term to apply to trees that are illegally destroyed in any manner. An emergency clause is included so that the proposed ordinance would take effect immediately upon enactment. There is no need to amend the proposed ordinance, since the ordinance presented for consideration already contains the modification discussed and suggested by the City Council. FINANCIAL IMPACT: None. Agenda Item Review: City Administrator_x_ City Attorney_x Finance—X- 31 Honorable Mayor and City Council July 26, 2021 Page 2 Attachment: July 26, 2021 Staff report for Ordinance 2592 32 Mha ! � mrd -,49M& O Y 9M& Prrrz r�: .ra ate' %$,ro. July 26, 2021 TO: Honorable Mayor and City Council FROM: N. Robert Shields, City Attorney Chris Kerr, Community Development Director SUBJECT: Ordinance Establishing an Enhanced Penalty for an Intentional Violation of Tree Permit Requirements RECOMMENDATION: Enact the Ordinance Establishing an Enhanced Penalty for an Intentional Violation of Tree Permit Requirements. BACKGROUND: At the June 14, 2021 meeting, Councilors expressed concerns about the effectiveness of the City's tree protection regulations and whether the current penalties were adequately deterring the illegal cutting of trees in the City. More specifically, Councilors mentioned specific instances where trees were allegedly intentionally removed without obtaining City permit approval. DISCUSSION: Based on these concerns, the City Attorney prepared a proposed Ordinance for your consideration which would significantly increase the financial penalty for intentional violations of the City's tree permit regulations. This will both deter violations and serve as an appropriate penalty for those that intentionally and unlawfully remove trees. As a separate but related item, Planning Staff prepared a Resolution that would authorize Staff to prepare modifications to the WDO that will provide greater clarity and certainty with regard to protecting trees in the City. Ordinance Establishing Enhanced Penalty for Intentional Violations Fortunately, in most cases, the City's tree permit regulations are complied with by homeowners, residents, and developers. In most instances, the City Council's Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x- 33 Honorable Mayor and City Council July 26, 2021 Page 2 efforts to preserve trees have been successful. However, for occasions where the City's tree permit regulations appear to have been intentionally violated, there appears to be a need for an enhanced penalty. The new proposed ordinance is designed to deter future violations and act as an appropriate penalty for actual intentional violations. Key points of the proposed new ordinance are as follows: • "Person" is defined extremely broadly by the new ordinance. • The new ordinance will apply to City tree permit regulations under both the WDO and the Street Tree Ordinance (Ordinance 2424) • The new ordinance applies only to intentional violations of tree permit regulations. • The "enhanced penalty" for violation of the new ordinance is not more than $10,000 but not less than $5,000. Resolution Initiating Legislative Amendments to the WDO Related to Trees Also related to this issue, Planning Staff is requesting that the City Council initiate a review of administrative provisions of the WDO related to trees. This will authorize staff to draft the WDO amendments and then return to the Planning Commission and City Council for public hearings. FINANCIAL IMPACT: None. 34 COUNCIL BILL NO. 3159 ORDINANCE NO. 2592 AN ORDINANCE ESTABLISHING AN ENHANCED PENALTY FOR AN INTENTIONAL VIOLATION OF THE TREE PERMIT REQUIREMENTS OF THE WOODBURN DEVELOPMENT ORDINANCE AND THE STREET TREE ORDINANCE AND DECLARING AN EMERGENCY WHEREAS, the City of Woodburn ("the City") is a home rule municipal corporation of the State of Oregon, created pursuant to Oregon law and the Woodburn City Charter; and WHEREAS, the City takes pride in, its natural, wooded streetscapes and foliage, which are an essential part of the City's character; and WHEREAS, the presence of trees aids in stormwater management, helps prevent erosion, improves air quality, conserves energy, provides a wildlife habitat, and preserves and enhances property values; and WHEREAS, City tree permit regulations have been adopted by the City Council and have been in force for many years; and WHEREAS, more specifically, the Woodburn Development Ordinance ("the WDO") contains tree permit regulations for "significant trees;" and, WHEREAS, Ordinance 2424 (the "Street Tree Ordinance") contains tree permit regulations for "street trees;" and WHEREAS, in the vast majority of cases, the City of Woodburn's tree permit regulations are complied with by most homeowners, residents, and developers and the City Council's efforts to preserve trees have been successful; and WHEREAS, it has come to the attention of the City Council that there have been certain isolated instances where the City of Woodburn's tree permit regulations appear to have been intentionally violated; and WHEREAS, these intentional violations of tree permit regulations are uncommon, when they do occur, the City Council believes that it is fair and appropriate that, in instances where an intentional violation is established, an enhanced penalty should be available; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Page - 1 - Council Bill No. 3159 Ordinance No. 2592 35 Section 1. As used in this Ordinance, the following terms are defined as follows: A. "City" means the City of Woodburn. B. "Intentionally" means that a person acts with a conscious objective to cause the result or to engage in the conduct so described. C. "Person" means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. D. "Tree permit regulation" means a legal requirement that a person obtain City permit approval pursuant to the Woodburn Development Ordinance or Ordinance 2424 ("the Street Tree Ordinance") prior to acting to remove a tree. E. "Remove" means to relocate, cut down, damage, poison, or in any other manner destroy, or cause to be destroyed, a tree. Section 2. No person shall intentionally violate a tree permit regulation contained in the Woodburn Development Ordinance or Ordinance 2424 ("the Street Tree Ordinance"). Section 3. A person who violates Section 2 of this Ordinance shall be assessed a civil penalty of not more than $10,000, but not less than $5,000, for each violation. Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety so that the Woodburn community can be further protected from intentional and unpermitted removal of trees, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Page - 2 - Council Bill No. 3159 Ordinance No. 2592 36 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 3 - Council Bill No. 3159 Ordinance No. 2592 37 Mha ! � mrd .'49W& O Y 9W& Prrrz r�: .ra ate' %$,ro. August 9, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner SUBJECT: A Resolution Initiating Legislative Amendments to the Woodburn Development Ordinance Related to the Transportation System Plan (TSP) RECOMMENDATION: Adopt the attached resolution. BACKGROUND: The City Council on September 9, 2019 passed Resolution 2139 initiating legislative amendments to both the Comprehensive Plan and the WDO relating to the TSP. On September 23, 2019 through Ordinance 2575 the City Council adopted a major update of the 2005 1r(.:]r.i.s. a:arlla.:Tllia:: n s1lei. . .:.. ..L _ . Both the coronavirus (COVID-19) pandemic and 2020 Council elections intervened between the time of authorization to initiate TSP-related amendments and the present. The Comprehensive Plan is amended, and it remains necessary to amend the WDO to administer the 2019 TSP. DISCUSSION: Woodburn Development Ordinance (WDO) 4.01 .09 establishes that the Council initiate consideration of any potential legislative amendments to the WDO by resolution. The attached resolution would authorize staff to initiate amendments to the WDO related to the TSP. Staff would return to the Planning Commission and Council for public hearings. FINANCIAL IMPACT: None. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 38 COUNCIL BILL NO. 3162 RESOLUTION NO. 2177 A RESOLUTION INITIATING LEGISLATIVE AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE RELATING TO THE TRANSPORTATION SYSTEM PLAN (TSP) WHEREAS, the Woodburn Development Ordinance (WDO) establishes the standards that land development is required to meet, and relevance and clarity of standards is critical as the city grows; and WHEREAS, periodic revisions and updates to the Comprehensive Plan and WDO are necessary and expected to comply with revisions to statutes and administrative rules, administer new and revised long-range plans, and address current issues; and WHEREAS, the City Council on September 23, 2019 through Ordinance No. 2575 adopted a major update of the 2005 Transportation System Plan (TSP); and WHEREAS, the City Council on September 9, 2019 passed Resolution No. 2139 initiating legislative amendments to the WDO relating to the TSP; and WHEREAS, both the coronavirus (COVID-19) pandemic and 2020 Council elections intervened between the time of authorization to initiate TSP-related WDO amendments and the present; and WHEREAS, the Comprehensive Plan is amended; and WHEREAS, it remains necessary to amend the WDO to administer the 2019 TSP; and WHEREAS, WDO 4.01 .09 establishes that the City Council initiate consideration of any potential legislative amendments to the WDO by resolution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to WDO 4.01 .09, the City Council initiates review of the draft legislative amendments to the WDO related to the Transportation System Plan (TSP). Approved as to form: City Attorney Date Page - 1 - Council Bill No. 3162 Resolution No. 2177 39 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 City of Woodburn, Oregon Page - 2 - Council Bill No. 3162 Resolution No. 2177 40 BU August 9, 2021 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Eric Liljequist, Public Works Projects & Engineering Director SUBJECT: Award of Construction Contract for the 1-5 Pump Station & Force Main Upgrades Project to K&E Excavating, Inc. RECOMMENDATION: Award the construction contract for the 1-5 Pump Station & Force Main Upgrades Project to the lowest responsible and responsive bidder, K&E Excavating, Inc. in the amount of $5,309,625.00. BACKGROUND: This project is included in the approved FY 21/22 budget and includes required upgrades to the existing 1-5 Pump Station and Force Main system. Bids were publicly opened July 29, 2021 . Six (6) responsible and responsive bids were received as follows: K&E Excavating, Inc. $5,309,625.00 JW Fowler, Inc. $5,355,000.00 Canby Excavating, Inc. $5,666,050.00 The Saunders Co. $5,828,000.00 Pacific Excavation, Inc. $5,834,000.00 Emery & Sons, Inc. $6,006,740.00 The Engineer's Estimate for the project is: $5,420,736.00 The recommended award is approximately 2% lower than the Engineer's Estimate DISCUSSION: The 1-5 Pump Station and Force Main Upgrades Project will provide an upgraded pump station and new force main piping that will provide service for future Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x- 41 Honorable Mayor and City Council August 9, 2021 Page 2 customer types within the recently expanded urban growth boundary areas for this particular wastewater collection basin. 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 2021/22 Budget and funded by the Sewer Fund. 42 Mha ! � mrd -,49M& O Y 9M& August 9, 2021 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Eric Liljequist, Public Works Projects & Engineering Director SUBJECT: Award a Contract for Construction Management Services for the 1-5 Pump Station and Force Main Upgrades Project to Murraysmith, Inc. RECOMMENDATION: Award a Contract for construction management services for the 1-5 Pump Station and Force Main Upgrades Project for $556,245.00 to Murraysmith, Inc. and authorize the City Administrator to sign the Agreement. BACKGROUND: Staff utilized a Request for Proposals (RFP) process to solicit design and construction management services for the 1-5 Pump Station and Force Main Upgrades Project. The RFP was advertised on the City website and in the Daily Journal of Commerce. Staff received a total of three proposals that satisfied the requirements of the RFP. Staff reviewed all three proposals in accordance with the RFP guidelines and state requirements (ORS 279C.105). After a thorough evaluation process, the City selected Murraysmith, Inc. as the highest-ranking proposer. The preliminary and final design work has been completed under previous City Council contract awards. The public bid opening for the construction of this project occurred on July 29, 2021 . The recommendation for award of this construction contract is on this evening's City Council meeting agenda. Murraysmith, Inc. is a well-qualified firm and familiar with the current City sewer system. The negotiated contract for construction management services for this project is in the amount of $556,245.00. DISCUSSION: The 1-5 Pump Station and Force Main Upgrades Project includes an upgraded pump station and force main piping that will provide service for future customer Agenda Item Review: City Administrator_X City Attorney_X Finance_X_ 43 Honorable Mayor and City Council August 9, 2021 Page 2 types within the recently expanded urban growth boundary areas for this particular wastewater collection basin. This contract award will facilitate the construction of the 1-5 Pump Station and Force Main Upgrades Project, which is highly complex and technical in nature. The original procurement process for soliciting these services and the contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279 and the laws and regulations of the City of Woodburn. FINANCIAL IMPACT: The Contract for these services will be funded from the approved 2021/22 fiscal year budget from the sewer fund. 44 Mha ! � mrd -'49M& O Y 9M& August 9, 2021 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Eric Liljequist, Public Works Projects & Engineering Director SUBJECT: Award a Contract for Engineering Design Services for the Young Street Sanitary Sewer Improvements Project to PBS Engineering & Environmental, Inc. RECOMMENDATION: Award a Contract for engineering design services for the Young Street Sanitary Sewer Improvements Project for $299,216.00 to PBS Engineering & Environmental, Inc. and authorize the City Administrator to sign the Agreement. BACKGROUND: Staff utilized a Request for Proposals (RFP) process to solicit engineering design services for the Young Street Sanitary Sewer Improvements Project. The RFP was advertised on the City website and in the Daily Journal of Commerce. Staff received a total of three proposals that satisfied the requirements of the RFP. Staff reviewed all three proposals in accordance with the RFP guidelines and state requirements (ORS 279C.105). After a thorough evaluation process, the City selected PBS Engineering & Environmental, Inc. as the highest-ranking proposer. City staff proceeded to negotiate a scope of work and fee for services to complete the required engineering design work. PBS Engineering & Environmental, Inc. is a well-qualified firm and familiar with the design of sanitary sewer systems. The negotiated contract for final design services for this project is in the amount of $299,216. DISCUSSION: Per the 2010 Woodburn Wastewater Facilities Plan, the implementation of the Young Street Sanitary Sewer Improvements Project will increase sanitary sewer Agenda Item Review: City Administrator_X City Attorney_X Finance_X_ 45 Honorable Mayor and City Council August 9, 2021 Page 2 capacity that will provide service for future customer types within this particular wastewater collection basin as development within the City expands. The original procurement process for soliciting these services and the contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279 and the laws and regulations of the City of Woodburn. FINANCIAL IMPACT: The Contract Agreement will be funded from the approved 2021/22 fiscal year budget from the sewer fund. 46