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Minutes - 08/11/2003 COUNCIL MEETING MINUTES AUGUST 11,2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 11,2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. Mayor Figley stated that Denes Josvay's wife, Dee, passed away last week. Denes is a 23-year City employee who has worked in both the parks and street departments and, in addition to expressing her condolences to the Josvay family, she held a moment of silence to honor her memory. 0095 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Absent Present Present Present Present Absent Staff Present: City Administrator Brown, City Attorney Shields, Deputy Police Chief Youmans, Public Works Director Tiwari, Public Works Manager Rohman, Aquatics Manager Newport, City Recorder Tennant Mayor Figley stated that Councilor Bjelland is out of town and Councilor Veliz is ill. 0104 ANNOUNCEMENTS. A) Music in the Park 2003: Musical performances are held on Tuesday evenings from 7:00 pm to 8:30 pm with the Bill Hughes Jazz Band performing on August 12, 2003 and The Essentials performing on August 19,2003. 0125 APPOINTMENTS. Mayor Figley appointing the following individuals to the Sign Ordinance Focus Group: Jim Cox (Council representative), Ellen Bandelow (Planning Commission representative), Lisa Ellsworth (Livability Task Force representative), Mary Graves (1-5 Interchange representative), Don Judson (Chamber representative), Aaron Barrera (Downtown representative), Cindy Kelly (Highway 99E representative), and Dick Pugh (Citizen at-large representative). She stated that she will be making one more appointment to this group at the next meeting. NICHOLS/MCCALLUM... appointments be approved. The motion passed unanimously. Page 1 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING 0215 CHAMBER OF COMMERCE REPORT. Kathy Wolfer, representing the Chamber, reviewed the upcoming Chamber events: 1) Chamber Forum lunch will be held on August 20th, 12:00 noon, at the Tukwila Center for Health and Medicine. Guest speaker for this event will be new School District Superintendent Walt Blomberg. 2) Chamber Auction will be held on September 26, 2003 at OGA Tukwila and auction items are now being collected by the Chamber organizers. 3) Crystal Apple Awards will take place on November 21 st at Wittenberg Inn in Keizer and the Chamber is now looking for award sponsors. This year, staff members from St. Luke's and MacLaren School will be included in this recognition event. 4) Leadership youth is preparing for a third year with Debbie Adcock being the new coordinator for this program. 5) Ambassador program and Greeter program will begin September 12,2003. The program will be held at a business location every Friday to provide attendees with networking opportunities. Ms. Wolfer also provided Chamber office statistics which indicate that it was a busy month at the Chamber and the web hits were the largest number recorded this calendar year. The website is also being setup to be a link to other businesses within the community and to Chamber members. 0366 COMMUNICATIONS. Mayor Figley stated that a letter of resignation has been received from Park Board member Richard Hammond. A replacement appointment will be made at the next regular Council meeting. 0383 Joy Cripps, representing the Northwest Neurodevelopmental Training Center and Oregon Hope and Help Thrift Store (152 Arthur Street), invited the Council and public to attend their first fundraising event at their business. She stated that they are a non-profit organization and funds raised from this event will benefit building repairs and improvements which includes a new roof. Food will be served at this event and luncheon tickets will be sold in advance and at the door. The event will be held on August 23, 2003 from 11 :00 am to 3 :00 pm during the same hours as the Saturday Market which is held on First Street just north of their building. 0497 CONSENT AGENDA. A) approve the Council regular and executive session minutes of July 28, 2003; B) accept the Planning Commission minutes of June 26, 2003; C) receive the Building Activity report for July 2003; D) receive the Planning Project Tracking Sheet dated August 8, 2003; E) receive the Library Monthly report for May 2003; Page 2 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING F) receive the Aquatic Center Statistics; and G) receive the League of Oregon Cities - Youth Program Report. Mayor Figley congratulated the Park Department and staff members who operate the Teen Scene program over the praise they received in the League of Oregon Cities Youth Program report. Our program was the star program for youth in cities of 9,000 to 30,000 population. Councilor McCallum also stated that he was pleased to see that the Teen Scene program was renewed for a second year under the Department of Justice grant and that they had received a high rating for their first year of operation. He also thanked Aquatic Manager Newport for his work in gathering the statistics which show that the revenue is slightly higher and the head count is lower. However, a realistic counting procedure is now in place at the Aquatic Center for maintaining consistent report numbers. MCCALLUMlNICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 0675 COUNCIL BILL 2468 - ORDINANCE PROHIBITING PUBLIC PLACE PARKING IN A PORTION OF THE DOWNTOWN AREA TO PREVENT INTERFERENCE WITH OPERATION OF THE 2003 SEPTEMBER 16TH CELEBRATION. Councilor Sifuentez introduced Council Bill 2468. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor McCallum expressed his opinion that this event will require a lot of publicity since it will coincide with the Mt. Angel Oktoberfest. He also felt that parking information needs to be broadcasted not only by radio but through other media sources. Administrator Brown stated that there will be extensive radio coverage from two different radio stations over the next few weeks. Staff concern is that there will so many people in attendance that there will not be enough space to take care of the people attending this event. The radio stations will be the primary means of letting people know where the parking locations will be and City busses will be used to transport attendees from the parking locations to the downtown area. It was noted that the event will be held on September 13th and 14th. On roll call vote, the motion passed unanimously. Mayor Figley declared Council Bill 2468 duly passed. 1045 COUNCIL BILL 2469 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 20836 WITH THE STATE DEPARTMENT OF TRANSPORTATION. Council Bill 2469 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Page 3 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING Public Works Manager Rohman stated that this year's grant award was approximately $4,000 more that the previous year. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2469 duly passed. 1115 OREGON LIQUOR LICENSE APPLICATION : SALVADOR'S BAKERY III. 320 N. Pacific Highway. An application for a greater privilege Full On-Premise Sales was submitted by Salvador Larios. Within Chief Russell's staff report, he expressed concerns regarding the license application which would allow for the sale and on-premise consumption of distilled spirits, malt beverages, and wine when (1) the nature of the business is primarily a bakery, food, and grocery store; (2) the location is in close proximity to the Highway 99E Safety Corridor; and (3) there are already a number of full on-premise licenses within that area. Mayor Figley stated that she had spoken with the Chief and Deputy Chief and she has similar concerns on this license request but is unsure if those concerns can be addressed through Oregon Administrative Rules and Oregon law as they now stand. Her issues are with the driving patterns, the location, and the number of DUI's and subsequent accidents that seem to happen on Highway 99E. Councilor Cox stated that he shared the concerns expressed by the Mayor, however, he is not sure if another hard liquor outlet is needed in this area and, even if there was a need, he questioned if the restaurant would generate enough food sales to make the OLCC percentage requirements applicable for this type of license. Since the Council can only recommend granting or denial of a license, and, based on information in the staff report, it does not seem likely that OLCC will pay attention to a negative recommendation from the Council. He stated that he would be voting no on this issue unless additional information is brought forth during Council discussion that would change his vote. Councilor McCallum agreed with comments made by Councilor Cox and stated that he has expressed concerns in the past on the number of establishments on Highway 99E and the safety corridor issue. He reminded the Council that Salvador's Bakery does have a beer and wine license and the owner has submitted an application to add distilled spirits for financial gain. He recognized the fact that the City does not have as much say in whether or not a license is granted by OLCC, however, he is inclined to vote for a denial of the license in an effort to let OLCC know that the City has concerns that need to be addressed. Councilor Nichols stated that it is time that the City takes a stand especially in an area where Highway 99E is an established Safety Corridor and OLCC should recognize that the City has a right to say no on a license application. Councilor Cox stated that any motion to deny the license needs to state some reasons for the denial so that OLCC knows why the Council is taking the position they are on this Page 4 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING application. He cited the following reasons for denial: (1) Council does not feel that there is any public necessity for it and that this use is incompatible with the location and the area is becoming over saturated with this type of outlet, (2) traffic problems on Highway 99E, and (3) this establishment does not appear to be a typical restaurant that is serving hard liquor. Councilor Sifuentez stated that the Police Chief is recommending approval of the license even though he cites issues of concern. She also stated that she has a concern about taking a stand to deny at this time when the Council has recommended other licenses in this area in more recent times. Administrator Brown stated that a compliance plan is already in place at this location. Annually, the Council reviews licenses and the Council can make a recommendation to deny based on problems experienced at the business establishment. Deputy Chief Youmans stated that the City has 28 days to submit a recommendation to OLCC once the application has been received by the City. Due to the time constraint, there is insufficient time for the Council to refer the matter back to staff for the purpose of drafting a motion to deny the license which would include a list of reasons to substantiate the denial. 1890 COX/NICHOLS... recommend to OLCC that this license application be denied for the reasons that (1) there is a lack of need and, in fact, this licensee, if granted, would be in a bad location in terms of traffic and the Safety Corridor on Highway 99E, (2) the business is in a location where there are already as many licenses as the area can handle, and (3) the license does not appear to be in conjunction with established or proposed typical restaurant operation but would rather be primarily a bar and dance hall with a bakery and grocery store in front. On roll call vote, the vote was 3-1 with Councilor Sifuentez voting nay. Mayor Figley questioned if the motion was passed by the Council since there were only 3 aye votes. City Attorney Shields stated that, under the City Charter, a motion passes when there is a concurrence of the members present. Since there are 4 members of the Council present at this meeting, this motion is approved with the 3-1 vote. 2164 CONTINUATION OF PUBLIC HEARING: APPEAL OF DESIGN REVIEW 02-12 AND VARIANCE 03-01 "COASTAL FARM SUPPLY EXPANSION" -1550 MT. HOOD AVENUE. Mayor Figley declared the continuation of the public hearing open at 7:37 p.m.. She requested that the Council continue the hearing to September 22, 2003 per the request of the applicant. NICHOLS/MCCALLUM... continue the public hearing on Design Review 02-12 and Variance 03-01 to the City Council meeting of September 22, 2003 pursuant to the applicant's request. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING 2239 PUBLIC HEARING: THORN STREET RIGHT-OF-WAY VACATION. Mayor Figley declared the public hearing open at 7:38 p.m.. Public Works Manager Rohman stated that the proposed area to be vacated is an undeveloped 50 foot right-of-way of approximately 90 foot in depth with the west end of the right-of-way intersecting with Settlemier Avenue and the east end meeting the defined boundary of Settlemier Park. The property owner to the north of Thorn Street has used the north half of this street for many years as a driveway and the section to the south looks like it is part of Settlemier park. If the street vacation is approved, one half of the right-of-way would be given to the property owner to the north and the remainder would be part of the park even though it would not be within the official boundary of Settlemier Park as defined by the National Park Service. Staff will be constructing a fence along the west side of the Third Street right-of-way to provide a permanent separation between the residential properties and the park property. Public notices relating to this vacation process were published in the Woodburn Independent within the statutory requirements and notices were posted at both ends of the proposed vacation. No one in the audience spoke either for or against the proposed vacation of the right-of- way. Mayor Figley declared the public hearing closed at 7:42 p.m.. NICHOLS/SIFUENTEZ... instruct staff to perform analysis on the public input received and present a recommendation for further Council action on the proposed vacation. The motion passed unanimously. 2620 Richard Jennings, 595 Filbert St., commended the Council for taking a stand on liquor licenses within the City and, even though he agreed with Councilor Sifuentez on her concern about whether this was the appropriate time to turn the license down, he felt that the Council should do something to get OLCC's attention when there are no applications pending. He strongly suggested that the Council begin talking to their legislators and other community leaders so that City Councils within our State have some say in what type of business activity occurs within their cities. 2798 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS: A) Community Development Director's approval of Design Review 03-10 which will allow for a 998 square foot addition to the existing Denny's Restaurant located at 2919 Newberg Highway. No action was taken by the Council on this land use action. 2840 MAYOR AND COUNCIL REPORTS. Councilor McCallum stated that Woodburn had an outstanding National Night Out event on August 5th with over 36 neighborhoods participating. He enjoyed visiting the 5 or 6 locations that he was able to get to before the event was over. Police Department and Page 6 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11,2003 TAPE READING Fire Department staff tried to visit all of the neighborhoods who participated in this annual event. Councilor Sifuentez invited the public to attend the Mariachi Festival at St. Luke's on Sunday, August 17,2003, from 1:30 pm to 5:00 pm. There will be a lot of food, music, and games at this family-oriented event. Mayor Figley thanked the Police Department and all of the neighborhoods participating in the National Night Out event. She also thanked the Fiesta Committee for naming her as Grand Marshall of the Fiesta Parade and to Kip Miles for loaning a convertible for the Fiesta Queen and First Princess to ride in along the parade route. Mayor Figley stated that the Mayor's Golf Tournament was held last weekend and the organizers did an excellent job in putting on a great event which was enjoyed by a large number of people. This year's beneficiaries of the event will be the Teen Scene Program and Woodburn Together. Lastly, she stated that the 4th Annual Walt's Run was held last Saturday and it was also a successful event. 3185 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the following statutory authority: 1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; 2) ORS 192.660(1 )(h) 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; 3) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection; 4) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations; and 5) ORS 192.660(1 )(i) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing. City Attorney Shields stated that he is the public official to be reviewed and evaluated by the Council and he has an obvious conflict of interest and cannot give the City legal advice in regard to that item. He understands that he has the right to an open hearing, however, he waives his right to the open hearing. NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:53 p.m. and reconvened at 9:30 p.m.. Page 7 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING 3310 Mayor Figley stated that no decisions were made by the Council while in executive session, however, the Council will be taking action during open session on three different Issues. COX/SIFUENTEZ... City Administrator be authorized and directed to sign necessary documents to purchase the property located at 389 S. Front Street for a total purchase price of $60,000. The motion passed unanimously. 3362 COX/MCCALLUM.... City Attorney be authorized and instructed to file an appeal, on behalf of the City, of Land Conservation and Development Commission Order 03- WKTASK-001537 to the Oregon Court of Appeals. The motion passed unanimously. 3410 COX/NICHOLS... effective August 1, 2003, the City Attorney's salary be increased a total of 3% which would include the cost ofIiving adjustment (COLA). The motion passed unanimously. 3460 ADJOURNMENT. NICHOLS/MCCALLUM.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:33 p.m.. ATTEST ~"';;(t; ~ Mary Te ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, August 11, 2003