Minutes - 10/25/2004
COUNCIL MEETING MINUTES
OCTOBER 25, 2004
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0001 DA TE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, OCTOBER 25, 2004.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0005 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Absent
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Community Development Director Mulder, Park &
Recreation Director Westrick, Recorder Tennant
Mayor Figley stated that Councilor Sifuentez was not in attendance due to illness.
0060 ANNOUNCEMENTS.
A) November 2, 2004 General Election: City Hall is a designated Marion County ballot
drop site during regular City business hours, however, the City Hall lobby will be open on
Election Day until 8:00 p.m..
B) Aquatic Center is closed for annual maintenance beginning October 24, 2004 and
will re-open with the regular Monday schedule on November 1, 2004.
0140 CONSENT AGENDA.
A) approve the regular and executive session Council minutes of October 11, 2004;
B) approve the Council work session minutes of September 20, 2004;
C) accept the Recreation and Parks Board draft minutes of October 12, 2004;
D) accept the Planning Commission minutes of September 9,2004;
E) accept the Library Board minutes of October 13, 2004;
F) accept the Aquatic Center Revenue Comparison report;
G) accept the Claims for September 2004; and
H) accept the Police Department Statistics for August and September 2004.
NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed
unanimously.
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0202 PUBLIC HEARING: CONTINUATION OF NORTHWEST NATURAL GAS
FRANCHISE HEARING.
Mayor Figley opened the continued public hearing at 7:07 p.m..
BJELLAND/COX... continue the public hearing regarding Northwest Natural Gas
Company's franchise agreement until the Council's regular meeting of November 8,
2004. The motion passed unanimously.
0233 PUBLIC HEARING: SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2004-05
CONTINGENCY TRANSFERS.
Mayor Figley declared the public hearing open at 7:08 p.m..
Administrator Brown stated that staff had requested a budget transfer from the General
Fund Contingency Fund at the last meeting which allowed the City to purchase a parcel of
land at 175 S. First Street. It was intended to use Housing Rehabilitation revolving loan
funds through the Community Development Block Grant Fund, howeve, due to timing of
the closure of the sale, a Resolution was adopted by the Council to allow for the transfer
of General Fund operating contingency funds to the Parks capital outlay fund in order pay
for the property at the time of closing. A public hearing notice has been published for
this meeting summarizing proposed budget adjustments allowing for the expenditure to
be made from the Housing Rehabilitation Fund by transferring operating contingency
appropriations within that fund into a capital outlay line item within that same fund.
Additionally, the expenditure originally authorized by the Council will be reversed within
the General Fund.
No one in the audience spoke either for or against the proposed supplemental budget.
Mayor Figley declared the public hearing closed at 7:09 p.m..
COXJNICHOLS... direct staff to prepare an ordinance to substantiate its decision. The
motion passed unanimously.
0376 COUNCIL BILL NO. 2538 - ORDINANCE ADOPTING A SUPPLEMENTAL
BUDGET FOR FISCAL YEAR 2004-05.
Councilor Cox introduced Council Bill 2538. Recorder Tennant read the two readings of
the bill by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2538 duly
passed with the emergency clause.
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0466 COUNCIL BILL NO. 2539 - ORDINANCE ANNEXING PROPERTY INTO THE
CITY LOCATED SOUTH OF SMITH DRIVE~ GRANTING ZONE CHANGE
FROM MARION COUNTY UTF TO CITY P/SP ZONE~ AND APPROVING
PERMIT APPLICATIONS 04-02 AND 04-03.
Council Bill 2539 was introduced by Councilor Cox. The two readings of the bill were
read by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2539 duly
passed.
0575 COUNCIL BILL NO. 2540 - RESOLUTION ENDORSING A FEASIBILITY
APPLICATION TO THE SALVATION ARMY TO CONSTRUCT A RAY AND
JOAN KROC CORPS COMMUNITY CENTER IN WOODBURN.
Councilor Cox introduced Council Bill 2540. The bill was read by title only since there
were no objections from the Council.
Councilor Cox stated that the resolution was fine but wished there was some way the
Council could further emphasize how much the Council would like to have this facility in
Woodburn.
On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2540
duly passed.
0638 OLCC LIQUOR LICENSE - BILLY 0 DELI & PUB. 2267 Country Club Road.
A Limited on Premise Sales liquor license application was submitted by Kim Parsons and
Lily Olinger DBA: Billy 0 Deli & Pub (formerly the Courtyard Cafe). This license will
allow for malt beverages and wine for consumption at this establishment and the owners
will be providing recorded music as entertainment along with lottery machines and pool
tables.
BJELLAND/COX... recommend to the Oregon Liquor Control Commission approval of
a liquor license application for Billy 0 Deli & Pub, formerly the Courtyard Cafe, Inc..
City Attorney Shields stated that Councilor Nichols had advised him prior to the meeting
that, until very recently, he had an interest in the subject property. He advised him that,
even though it is the Ethics Commission that makes the decision, to be conservative he
should declare an actual conflict of interest. If declared, then any vote taken would not
include Councilor Nichols just as ifhe was not in attendance at this meeting.
Councilor Nichols declared a conflict of interest and stated that it was the former property
that he had some interest in and not the present property.
Councilor McCallum stated that the materials did not indicate that any comments had
been received from businesses in the area. He questioned how the businesses are notified
that a transfer or license application was being submitted.
Chief Russell stated that OLCC is supposed to post and notice the application per state
statute, however, he does not know if or by what method it was done since it is handled
by OLCC.
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Councilor McCallum questioned if this was a restaurant classification since there were
going to be lottery games and pool tables at the business.
Chief Russell stated that restaurants and taverns are now all under the same license type.
The motion passed 3-1 with Councilor McCallum voting nay.
0828 LETTER TO MARION COUNTY COMMISSIONERS.
COX/NICHOLS... approve the draft of the letter and authorize the Mayor to sign the
letter regarding the City's coordinated population projection. The motion passed
unanimously.
Mayor Figley stated that she will gladly sign the letter since it bases planning onfacts and
not wishful thinking.
0871 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Community Development Director's approval of Design Review 04-14 (689 N.
Front Street): Installation of two doors and fabric awning.
Councilor Cox stated that he did not have a desire to bring this item up for review,
however, he suggested that the department's report provide enough identifying
information so that the Council can tell where it is located at without having to drive out
to the location.
0947 MAYOR AND COUNCIL REPORTS.
Councilor Nichols questioned if the State (ODOT) would be doing anything about the
weed patch along Highway 214 near the High School.
Director Tiwari stated that he will look into the matter and report back at the next Council
meeting.
Councilor McCallum complimented Chief Russell and the other individuals who put
together the Community Conversation on methamphetamine. He stated that Chief
Russell made an excellent presentation at this meeting.
Councilor McCallum also questioned if the City had received any report back from
ODOT on the concerns relating to Park Avenue and Highway 99E.
Administrator Brown stated that ODOT had not provided any information to the City as
of this date.
1060 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the authority
of ORS 192.660( 1)( e) relating to property acquisition.
NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
The Council adjourned into executive session at 7:22 p.m. and reconvened the meeting at
7:28 p.m..
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1106 Mayor Figley stated that no action was taken by the Council while in executive session.
1130 ADJOURNMENT.
MCCALLUM/BJELLAND... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:29 p.m.
ATTEST /il<4nL,,~
Mary Ten nt, Recorder
City of Woodburn, Oregon
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