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Minutes - 02/24/1997 COUNCIL MEETING MINUTES February 24, 1997 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 24, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Police Chief Wright, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gillespie, Library Director Sprauer. Public Works Manager Rohman, Asst. City Engineer Morrison, City Recorder Tennant 0019 MINUTES. JENNINGS/PUGH.... approve the Council workshop minutes of February 3, 1997 and the Council regular and executive session minutes of February 10, 1997; and accept the Recreation and Park Board minutes of February 10, 1997 as written. Councilor Pugh requested that comments made by Preston Tack at the February 3rd workshop be included in the minutes. Mr. Tack stated that he had brought forth a suggestion at the workshop that would provide an examination of another alternative to the Water Master Plan that being the construction of a third treatment station on Country Club Drive in Senior Estates which would give the City 3 smaller facilities rather than 2 larger plants. This proposal should be examined as it relates to earthquake damage, sabotage, and overall maintenance. JENNINGS/PUGH... amend the minutes of February 3, 1997 to include Preston Tack's comments. The motion to amend passed unanimously. The motion as amended passed unanimously. 0093 ANNOUNCEMENTS. A) Employee Recognition Dinner --- The dinner will be held on February 28, 1997, 6:30 p.m., at the Woodburn Community Center. Page 1 - Council Meeting Minutes, February 24, 1997 .. or--. , 111 I -.--.-.'-....,.. COUNCIL MEETING MINUTES February 24, 1997 TAPE READING B) Measure 47 Council Workshop --- A workshop has been tentatively scheduled for Monday, March 3, 1997,7:00 p.m., in the City Hall Council Chambers. Councilor Jennings stated that he had discussed this issue with the City Administrator for several hours one day last week, and following this discussion, spoke with individual Councilors on this issue. In his opinion, the budget is being prepared in a manner which takes in a majority of the concerns previously brought forth by the Council. He requested that the meeting be canceled and, following a brief discussion, it was the consensus of the Council to cancel the workshop. C) Public Hearing on Downtown Alley LID --- A public hearing on this proposed Local Improvement District will be held on Monday, March 10, 1997.7:00 p.m.. in the City Council Chambers. D) Public Hearing on BJA/LLE Grant Application _n A public hearing on the grant application will be held on Monday, March 10, 1997,7:00 p.m., in the City Hall Council Chambers. E) Public Hearing on Parr Road LID --- A public hearing on this Local Improvement District will be held on Monday, March 24, 1997,7:00 p.m., in the City Hall Council Chambers. F) Water Master Plan Public Hearing --- A public hearing will be held on Monday, April 14, 1997,7:00 p.m.. in the City Hall Council Chambers. G) Public Hearing on Texaco Land Use Application --- The Land Use Board of Appeals (LUBA) has remanded this application back to the City for action. The City Council will hold a public hearing on Monday, March 10, 1997,7:00 p.m., in the City Hall Council Chambers. 0214 CHAMBER OF COMMERCE REPORT. Terri Robertson, representing the Chamber Board, reminded the public of the upcoming Tulip Festival and stated that the banners would be displayed within the next 3 weeks. As part of the scheduled activities, a Pancake Breakfast will be held on Saturday, March 22nd to help raise funds for the banners. Also featured this year for performing at the tulip gardens is Jazz musician Tom Grant who will perform on April 5th. On March 19th, the Chamber Forum will include a field trip to the Tulip gardens. 0250 PUBLIC HEARING - PLAYA de ORO 1997 LIOUOR LICENSE RENEWAL. Mayor Kirksey declared the public hearing open at 7: 10 p.m.. Chief Wright reviewed the staff report which included a recommendation for the Council to pass this renewal without a recommendation to OLCC noting pending complaints. Chief Wright stated that there are 3 pending cases before OLCC and Marion County Page 2 - Council Meeting Minutes. February 24, 1997 1 , ".,. ~... ,...._,~-,... 111 J -,.. COUNCIL MEETING MINUTES February 24, 1997 TAPE READING Circuit Court (violations of license and criminal cases). The charges were filed in January 1997 and February 1997 involving violation of restriction through OLCC, and Mr. Cea was arrested for domestic assault and possession of controlled substances cocaine and marijuana. He reminded the Council that the department is prohibited from discussing these cases prior to the Court. It was also noted that the licensees have only had ownership of the business since July 1996. City staff met with the licensees (owners), Lincoyan and Alba Cea, to discuss the activities and lack of compliance occurring at the establishment during 1996 and the first part of 1997. The licensees have agreed to an 8-point plan of action which included a provision that the owners and/or approved manager would be at the business at all times in which alcohol is being served. The Council questioned the Chief as to why his recommendation is neither positive nor negative. Chief Wright stated that his recommendation takes a neutral stance which will give the City time to wait and see what the outcome of the criminal cases are before the court. He stated that violations of the compliance plan were found when either OLCC or police officers were checking on the compliance plan and no other complaints which triggered an investigation. In his opinion, he believes the licensee should be given a second chance with the reminder that if Mr. Cea is convicted of a felony he would no longer be on the license. Councilor Pugh questioned if the Council could defer a recommendation until after the cases have been resolved. Chief Wright stated that the Council could wait, however, the last case involving a liquor license establishment took over 2 years to resolve (La Linda's). Councilor Sifuentez stated that she had met with Chief Wright on this issue and she strongly supports the Chief's recommendation. 0639 Lincoyan Cea, 891 Gatch Street, stated that they had moved to Oregon from Chicago and are completely new in dealing with liquor license regulations. He provided the Council with some background on why they had moved to this area and family problems that they are now experiencing since so much time has been spent at the restaurant. He briefly explained the circumstances around the pending criminal cases and he stated that he and his wife going through family counseling at this time. He knows that he has made a mistake but they want to work with the City to keep their restaurant along with the liquor license and he now realizes how important it is to comply with all of the liquor law requirements. Alba Cea stated that they also own and manage adult foster care homes in Woodburn and revenues for the restaurant have increased about 20 % . She reiterated that there have not been any fights in the lounge nor other illegal activity which the previous owners had experienced. They are providing employment for about 7 people at the restaurant. Additionally, a petition has been signed by 140 individuals in support of their liquor license renewal. She also stated that the possession of controlled substance occurred at Page 3 - Council Meeting Minutes, February 24, 1997 .. "........., 111 J r COUNCIL MEETING MINUTES February 24, 1997 TAPE READING their home and not at the restaurant. They have met with the Police Chief and signed a compliance plan with the full intent to make this plan work. Recorder Tennant stated that the petition was received today along with letters of support from David Valencia, Dennis Stoll, and Dawn Marie Blackman. Those documents were read individually by the Councilors. No one in the audience spoke in opposition to the liquor license renewal. Mayor Kirksey declared the public hearing closed at 7:36 p.m.. 1085 Councilor Sifuentez stated that she had met with Chief Wright on February 3rd and she feels that this family has had some marriage problems which have evolved from the business. After reviewing this situation extensively, she feels comfortable with the Chief's recommendation to give the Cea's an opportunity to solve their problems. Councilor Pugh felt that their family problems should be taken under consideration, however, he assured the public that if anything comes forth at a later date that indicates guilt he will bring it back before the Council. Councilor Figley stated that she has no patience for drug possession or drug dealing especially in the liquor establishments given the history we have within our City. She is willing to pass without recommendation for the reason that she has respect for Councilor Sifuentez's opinion. Councilor Jennings reiterated the comments made by Councilor Figley and he informed the licensee that he expects compliance on all 8-points of the compliance plan. Councilors Hagenauer and Chadwick also agreed with the comments made by the other Councilors. Councilor Sifuentez reiterated that it is not okay to break the law, but, knowing the history of this couple, she feels that a second chance is warranted. 1248 JENNINGS/SIFUENTEZ.... City take no position on the 1997 liquor license renewal for Playa de Oro noting the pending complaints. Mayor Kirksey briefly expressed her feelings on this issue that being she was not in favor of renewing the license based on testimony presented at this meeting. On roll call vote. the motion passed unanimously. 1350 PUBLIC HEARING - CHU'S EATERY 1997 LIQUOR LICENSE RENEWAL. Mayor Kirksey declared the public hearing open at 7:45 p.m.. Chief Wright reviewed the staff report which outlined actions taken to date by the licensee to address problems that have occurred over the last year. He met with the licensee on February 6, 1997 and a compliance plan was agreed to by the licensee. As of this date, the licensee and employees have been taking OLCC classes and additional security guards have been employed to patrol the parking lot and oversee activities within the building. Action is also being taken to permanently bar patrons involved in fights or illegal drug activity within the establishment and photographs of these Page 4 - Council Meeting Minutes, February 24, 1997 1 .. 11 J ._--'-----.-".._--....,... COUNCIL MEETING MINUTES February 24, 1997 TAPE READING individuals are being taken to enforce this practice. In his opinion, the licensee is trying very hard to correct the problems that occur both inside the premise and in their parking lot. He recommended that Council approve the 1997 liquor license renewal for Chu's Eatery with the special conditions agreed to by the licensee. No one in the audience spoke either for or against the license renewal and no written comments were received. Mayor Kirksey declared the public hearing closed at 7:51 p.m.. Councilor Hagenauer stated that he had met with the Police Chief and feels that Mr. Chu is really trying to cooperate with the Police Department and OLCC. He reminded the Council that the licensee has not been under a compliance plan in the past and he agreed with the Chief's recommendation. JENNINGS/PUGH.... recommend to OLCC that the 1997 liquor license for Chu's Eatery be approved with the special conditions agreed to by the licensee. The motion passed unanimously. 1632 COUNCIL BILL 1779 - RESOLUTION ENTERING INTO AN AGREEMENT WITH SUZANNE CRANE ENGINEERING. INC. DBA CRANE & MERSETH ENGINEERING/SURVEYING FOR CONSULTING SERVICES RELATING TO MILL CREEK AND 1-5 FORCE MAIN PROJECTS. Councilor Hagenauer introduced Council Bill 1779. Recorder Tennant read the bill by title only since there were no objections from the Council. Public Works Director Tiwari stated that the new treatment plant facility involved contractual services for 1) mechanical design and construction (Brown & Caldwell contract), 2) poplar plantation (CH2M Hill), and 3) collection system. Staff has recommended that the collection system contract be awarded to Crane & Merseth with the scope of work attached to the Council bill. Assistant City Engineer Morrison introduced consultants Gordon Merseth and Steve Gebby whose small firm has a high level of expertise in collection pumping systems. He briefly reviewed the need to design a new system that would route effluent from 1-5 to the north so that we no longer place the effluent in the downtown area where the collection system is older. Gordon Merseth stated that they are looking forward to working with the City on this project and, at the rate the City is growing, these projects are necessary to insure the pub lie safety. 1874 COUNCIL BILL 1780 - ORDINANCE REPEALING ORDINANCE 1839 (THE MERCHANT POLICE/PRIVATE DETECTIVE REGULATORY ORDINANCE). Council Bill 1780 was introduced by Councilor Hagenauer. 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 Kirksey declared Council Bill 1780 duly passed with the emergency clause. Page 5 - Council Meeting Minutes, February 24, 1997 - - -.----r COUNCIL MEETING MINUTES February 24, 1997 TAPE READING 1918 COUNCIL BILL 1781 - RESOLUTION ENTERING INTO A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR ESTABLISHMENT OF A DATA COLLECTION PROGRAM INVOLVING A STREAMFLOW GAGING STATION ON THE PUDDING RIVER. Council Bill 1781 was introduced by Councilor Hagenauer. Recorder Tennant read 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 Kirksey declared Council Bill 1781 duly passed. 1949 OLCC LlOUOR LICENSE CHANGE OF OWNERSHIP - PIPER'S JEWELRY. The owners of Piper's Jewelry have incorporated and a change of ownership application is required by OLCC. The business has been owned and operated by the same individuals for over the last 10 years without incident. As outlined in the staff report. the Police Chief recommended that the application receive a favorable recommendation from the Council to OLCC. JENNINGS/PUGH... recommend to OLCC the approval of the change of ownership liquor license application submitted by Piper's Jewelry, Inc.. The motion passed unanimously. 1989 PUBLIC COMMENT. Mayor Kirksey read a letter from Adam Mill, 5th grade student, who is suggesting that a book store be located in the City so people can buy books that they can keep. Mayor Kirksey stated that she would send a letter to Mr. Mill to let him know the Mayor and Council will encourage someone to start a bookstore but it is not something the City Council can do. 2055 SITE PLAN ACTIONS. A) Site Plan Review # 96-15 - Oil Can Henry's: No action was taken by the Council on this site plan action. B) Site Plan Review #96-18 - Coastal Fann & Home Supply Store: No action was taken by the Council on this site plan. 2080 STAFF REPORTS. A) United Disposal City-wide Cleanup Day: United Disposal Service will be accepting yard debris at their facility (2215 N. Front Street) on March 29, 1997 between the hours of 7:00 am and 5:00 pm. The public was reminded that the company will provide this free service for that day only, however, it is only available to bona fide city residents. Frank Lonergan, Assistant Manager of Operations and Recycling, was in attendance at the meeting to answer questions regarding this year's program. He stated that they will have staff members available to help off-load the yard debris and the debris will go to wood reclamation for compost. Page 6 - Council Meeting Minutes, February 24, 1997 T~' .... 11 I ..,-.-,.' COUNCIL MEETING MINUTES February 24, 1997 TAPE READING Councilor Figley expressed her appreciation to United Disposal for their continued support of this cleanup program. B) LOC Elected Officials Workshop: This workshop will be held in Salem on March 21 and 22, 1997 and the Mayor/Councilors were asked to contact the City Administrator prior to the registration deadline date of March 11, 1997 if they were interested in attending. 2270 MAYOR AND COUNCIL REPORTS. Councilor Jennings questioned the status of the developer who was going to build a complex in the area between Shop N Kart and Highway 214. Director Goeckritz stated that the developer has requested an extension on that plan while they are looking for people to lease their facility. Councilor Sifuentez invited the Council to attend an assembly at MacLaren on Friday, February 28th, from 3:00 pm to 4:30 pm.. 2335 ADJOURNMENT. JENNINGS/PUGH.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8: 12 p.m.. APPROVED "/.~~~ NANCY A. KI EY, MAYOR / ATTEST /)l~ ---t::'"-' 9~- Mary Te ant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, February 24, 1997 . ,.-- ...... - . -.-.....,...