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Minutes - 02/26/1996 TAPE READING 0001 0003 0013 0020 0025 0034 '" COUNCXL MEETXNG MXHUTES February 26, 1996 DATE. COUNCXL CHAMBERS, CXTY BALL, CXTY OF WOODBURN, COUNTY OF MARXON, STATE OF OREGON, FEBRUARY 26, 1996. 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 Absent Present Present Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Police Lt. Eubank, Community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant Mayor Kirksey informed the Council that Councilor Figley is unable to attend the Council meeting since it was necessary for her to remain at her place of work this evening for an emergency meeting. MXHUTES. JENNINGS/PUGH...approve the regular and executive session Council minutes of February 12, 1996 and accept the Recreation and Park Board minutes of February 10, 1996. The motion passed unanimously. AHliIOUNCEMENTS . A) The annual City-wide Cleanup Weekend is scheduled for March 23 and 24, 1996. Dumpsters will be placed at several locations throughout the City for the collection of yard debris. B) The Budget Committee will hold its first pUblic meeting on Tuesday, March 5, 1996, 7:00 p.m., Woodburn City Hall, to review the 1996-97 City Budget. C) The annual Employee Recognition Dinner will be held on Friday, March 8, 1996, 6:30 p.m., at the Woodburn Community Center. Page 1 - Council Meeting Minutes, February 26,. 1996 ,.-- - - . -~. TAPE READING 0058 0089 0107 0284 , COUNCIL MEETING MINUTES February 26, 1996 D) Public hearings scheduled for March 11, 1996, 7:00 p.m., Woodburn city Hall, are as follows: 1) Comprehensive Plan Map Amendment #95-06 & Zone Map Amendment #95-08 (applicant: Henkes) 2) Zone Map Amendment #95-09 (applicant: Miller) CHAMBER OF COMMERCE. Bob Wolfe, representing the Chamber of Commerce, advised the Council that March 13, 1996 is student Shadowing Day. He encouraged the City or other local businesses to host a student for the day to provide them with an insight on the day to day operations of a business and to give them a feel for what it is like in the work environment. LETTER FROM THE WOODBURN RURAL FIRE DISTRICT. Mayor Kirksey read a letter from the Fire District thanking the City for their cooperation during the flood. PUBLIC HEARING - 1996 LIOUOR LICENSE RENEWAL- THE RAVEN INN. 292 N. PACIFIC HIGHWAY. Mayor Kirksey declared the pUblic hearing open at 7:04 p.m.. Police Chief Wright reviewed the staff report that provided background information on The Raven Inn including a sampling of various incidents which have occurred at the establishment during calendar year 1995. He stated that the licensee had submitted a request directly to OLCC in June 1995 to have the compliance plan lifted. In a letter dated June 13, 1995, OLCC agreed to remove the compliance plan restrictions, however, they urged the licensee to continue working with the City and to be responsive to their concerns. A majority of the incidents summarized in the staff report occurred after the compliance plan restrictions were lifted by OLCC. Chief Wright recommended that the City provide a non-renewal recommendation to OLCC based on the activities occurring in the establishment during calendar year 1995. Tina wiltsey, owner of The Raven Inn, stated that her attorney, Michael Mills, was unable to attend this meeting, however, he wrote a letter to the Council on behalf of Ms. Wiltsey which she read into the record. In summary, the letter informed the Council that no liquor law violations had been alleged by OLCC, the compliance plan restrictions had been removed since OLCC felt that the licensee had been cooperating with OLCC, the licensee would have taken immediate steps to permanently bar patrons from the establishment who were allegedly involved in illegal drug activity, and briefly commented on each one of the incidents listed in the staff report. Attorney Mills urged the Council to recommend granting of the renewal license for 1996 with a compliance plan. Page 2 - Council Meeting Minutes, February 26, 1996 "..." TAPE READING 0945 1038 1130 """ COUNCIL MEETING MINUTES February 26, 1996 Ms. Wiltsey stated that she had fired the employee who had been operating the karaoke program as soon as she found out about the allegations against him in regards to illegal drug activity. Additionally, this individual had no responsibilities in the area of serving alcohol or food. She also provided the Council with a summarization of the steps she has taken with her staff members over the last year to try and keep an orderly establishment. She urged the Council to recommend renewal of her license and she agreed to work with the Chief of Police to formulate a new compliance plan. Councilor Jennings questioned Ms. Wiltsey if the OLCC laws still prohibit the bartender from serving alcohol to a visibly intoxicated person. Ms. Wiltsey stated that the rule is still in place and she proceeded to discuss the situation surrounding the March 23, 1995 incident. Councilor Jennings questioned Chief Wright as to whether or not a new compliance plan could be formulated to allow The Raven Inn to stay in business. Chief Wright stated that the licensee had applied directly to OLCC to rescind the compliance plan and OLCC had agreed to the request. He stated that he had not had an opportunity to review Attorney Mills letter, therefore, was unable to respond to specific. He also stated that he does not share information to licensees during an investigation. In regards to the compliance plan, The Raven Inn has been operating under a compliance plan between 1990 and June 1995. In his opinion, if the applicant had been paying attention these incidents would have been minimized or not occurred at all. Mayor Kirksey closed the public hearing at 7:37 p.m.. Councilor Pugh stated that, after reviewing the documentation submitted as part of this hearing, he did not feel that the renewal is justified. Councilor Sifuentez stated that the City adopts compliance plans with a expectation of improvement at the establishment. In this case, she felt that the City had worked with the licensee over the last several years to improve the situation, however, problems still exist and she agreed with the non- renewal recommendation. Mayor Kirksey also stated that, in her opinion, a key issue to be considered is the fact that she directly petitioned OLCC to rescind the compliance plan which indicates to her that there is not a commitment on the part of the licensee to work with the City. Page 3 - Council Meeting Minutes, February 26, 1996 r r , -......--.. TAPE READING 1186 1243 1690 1921 1980 - COUNCIL MEETING MINUTES February 26, 1996 PUGH/SIFUENTEZ.... recommend to OLCC the denial of the 1996 liquor license renewal for The Raven Inn. On roll call vote, the motion passed 4-1 with Councilor Jennings voting nay. PUBLIC HEARING - 1996 LIOUOR LICENSE RENEWAL FOR LA LINDA'S. 293 N. FRONT STREET. Mayor Kirksey declared the public hearing open at 7:40 p.m.. Chief Wright reviewed his staff report which was included in the agenda packet. He stated that between June 1995 and June 1995, he has called and sent a letter to La Linda's Inc but has had no response as of this date. In his opinion, the report shows that there has been a persistent problem in and around the business. In June 1995, OLCC canceled La Linda's license and the hearings officer has not made a decision as of this date. Past history shows that the business is conducive for drug contacts and numerous drug transactions take place outside of the business establishment. David Hartwig, 1610 12th st., Salem, stated that he was representing the licensee on this renewal issue. Additionally, he represented two of the licensees at the OLCC hearing and, after hearing the testimony brought out in that proceeding, he suggested that the Council obtain a copy of the OLCC hearing tapes. In his opinion, this issue is a matter of fundamental fairness in that the undercover agent was a methamphetamine user who was paid by the police to go to this establishment and party. The transactions involved minute amounts of illegal drugs. Point being that the licensees did not know anything about what was going on and he felt that anyone's business could be subjected to this type of abuse. He stated that the security officers had cell phones and were in contact with the Police Department regularly. He briefly reviewed the procedures the security officers would follow before allowing patrons into the establishment. He urged the City to recommend approval of the license renewal. Councilor Jennings questioned Attorney Hartwig regarding the letter sent by the Police Chief to the owners in June 1994. In response, Attorney Hartwig stated that it is not even clear if they received the letter. xavier Carbajal, President of La Linda's Restaurant, stated that he has talked to the Police Department in the past and have asked for their help in solving a variety of problems. However, he was concern with the attitude of the Police Chief in that the individuals creating a problem have to be caught doing an illegal act before anything can be done. Ed Carbajal, member of the Carbajal family and had formerly been listed as 9ne of the licensees, stated that the Carbajal Page 4 - Council Meeting Minutes, February .26, 1996 r .. . ---,. - COUNCXL MEETXNG MXNUTES February 26, 1996 TAPE READING family has owned the establishment for about 12 years. He objected to the control the Police Chief has had not only over the liquor license issues but also within the community. He also could not believe all that has been said about the establishment. He also objected to statements made in the newspaper which were contrary to those made at the OLCC hearing. He suggested that the Council should consider testimony from all parties involved and not just believe what the Police Chief is saying. He suggested that the Council form a committee to police these establishments rather than relying on information supplied by one individual. Edith De La Rosa, 1101 Park Rd, stayton, stated that the damage that has been done to the business and grief amongst family members is enormous. She suggested that it is time to let the family move forward with running their business especially since they are willing to comply with restrictions that may be imposed. Patrons who regularly visited the restaurant miss the family atmosphere that had been fostered at the establishment. In her opinion, it is time to correct mistakes that have been made and the family is willing to work to get the business back on track. She also questioned why another local establishment is now allowed to have dances 3 times a week and patrons are being served until they are inebriated without the Police Department taking action against that establishment. 2430 James Hanrahan, business owner at 253 N. Front st., stated that La Linda's serves good food, the place is clean, and the business is good for the area. He has never seen anything suspicious during the daytime hours and feels that the owners are good people and should be given another chance. No one in the audience spoke in opposition to La Linda's receiving a liquor license for 1996. 2522 Councilor Jennings stated that he did not feel that allegations should be made without proof. Chief Wright stated that anybody can make allegations and its another thing to prove those allegations. Mayor Kirksey declared the pUblic hearing closed at 8:15 p.m.. Councilor Jennings questioned if OLCC had made a decision on the cancellation of the liquor license. Chief Wright stated that the hearing had concluded but the OLCC Hearings Officer has not made a determination on the license. Councilor Jennings commented on the fact that OLCC had suspended the license of this establishment based upon information they had obtained. Page 5 - Council Meeting Minutes, February 26, 1996 r . . TAPE READING - COUNCIL MEETING MINUTES February 26, 1996 Mayor Kirksey stated that, in her opinion, it is the family's responsibility to know what is going on in their establishment rather than waiting for the Police Department to inform them of the problem after the fact. 2718 Councilor Sifuentez stated that she personally knows some of the family members and can testify that they are honest, hard working people and the business has been their livelihood. She stated that the Police Chief is accountable to the Council and she feels that the Chief has worked hard with the Carbajal family. In reviewing the information before her on this particular case, she would find it very difficult to overrule the recommendation of the Chief. She also stated that she would be willing to wait for the OLCC ruling but, on the basis of the report, she would have to vote for the denial of the license. ~ 2864 2906 PUGH/HAGENAUER... recommend to OLCC the denial of the 1996 liquor license renewal of La Linda's. The motion passed unanimously. COUNCIL BILL 1692 - RESOLUTION GRANTING THE APPLICATION IN SITE PLAN REVIEW CASE #95-20 AND DENYING THE APPLICATION IN VARIANCE CASE #95-14. Council Bill 1692 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, Council Bill 1692 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1693 - RESOLUTION AUTHORIZING AGREEMENT WITH STATE DEPARTMENT OP TRANSPORTATION POR 1995-96 SMALL CITY AND RURAL AREA OPERATING GRANT. Councilor Hagenauer introduced Council Bill 1693. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY - ELM STREET. The dedication of public right-of-way on the west side of Elm Street near Young Street was established as a condition of approval in Lot Line Adjustment Case No. 95-13. It was noted that Elm Street is currently a half street in this particular area and the dedication of this right-of-way will increase the right-of-way to 29 feet. In the future, the City will request dedication of 11 feet of right-of-way from the property owner on the east side of Elm street. Councilor Jennings expressed his concern regarding the half streets within the city and he suggested that the property owner be required to sign a non-remonstrance agreement in the Page 6 - Council Meeting Minutes, February 26, 1996 r . . ----..-. -- COUNCIL MEETING MINUTES February 26, 1996 TAPE READING event a local improvement district is established in the future to pave the street. If no additional property is secured on the east side, at least Elm street could be improved allowing for a 24' paved street with a sidewalk. Tape 2 Director Goeckritz stated that the condition of approval required a non-remonstrance agreement. JENNINGS/PUGH.... accept the public right-of-way from Donald R. and Shirley A. Equall. The motion passed unanimously. 0096 RENEWAL OF COUNCIL OF GOVERNMENTS MEMBERSHIP. Mayor Kirksey stated that she was responsible for trying to get the City involved again with the Council of Governments, however, one year later the City has still not received the necessary documents to reinstate our membership. She stated that the City has not issued a check to COG as of this date saving the City $5,200. She encouraged the Council not to rejoin the Council of Governments and to use the annual membership fee for other worthwhile projects. JENNINGS/SIFUENTEZ... decline to rejoin the Council of Governments and staff so advise COG of this decision. The motion passed unanimously. 0160 Laura Zurlinden, 259 Willow, expressed her concern regarding the high sewer bills. She stated that she and her husband are retired, however, they are raising two grandchildren. Their water/sewer bill is approximately $65.00 per month which has more than doubled since the new rates have been in effect. They have taken steps to conserve water but there has not been much of a reduction in the bill. As an example, she told the Council that her January 1995 water/sewer bill was $27.61 in comparison to her January 1996 water/sewer bill of $65.33. At the time the Advisory Committee and City Council was reviewing the rate structure, the information she read made her believe that the rates would not change substantially. However, actual rates far exceeded her expectations. She stated that they have lived in this community since 1953 and she feels that they are being unjustly charged. She understands the requirements imposed through environmental and growth issues and the need to upgrade our current wastewater facility. She stated that her comments have been echoed by numerous local residents several of which had been in attendance at this meeting but decided to leave early due to the lateness of the hour. She implored the Council to review the rates and further explore the possibility of a flat rate system. Her discussions with many senior citizens indicate that they are willing to pitch-in and help by paying a little more towards the cost of this facility. Page 7 - Council Meeting Minutes, February 26, 1996 r '" . ~ COUNCIL MEETING MINUTES February 26, 1996 TAPE READING 0374 councilor Pugh stated that he has spoken with a number of his constituents on this issue and he feels the Council should take a closer look at the rate structure. Councilor Sifuentez agreed that the rate structure should be reviewed. Councilor Jennings questioned why the citizens did not voice their objections to the rate structure during the Wastewater Advisory Committee meetings. Councilor Sifuentez stated that the citizens she has had contact with did not realize the impact of the rate change until after the fact. Mayor Kirksey stated that the rate structure was based on the amount of revenues necessary to payoff bonds necessary for the upgrade of the wastewater facility in order to meet federal mandates. Mrs. Zurlinden expressed her opinion that the rate structure is grossly unfair to families since not all of those affected families can pay the high bills. She reiterated that she reads the local paper regularly but the information she read did not prepare her for the actual increase in her bill. Martina Lopez, 581 Hall Street, stated that she has 6 young children and, even though both she and her husband work, they cannot afford these high bills. For example, prior to the rate change her bills were approximately $38.00 while her November 1995 bill was $114.00. She expressed her support for a flat rate charge and urged the Council to review the rate structure. Public Works Director Tiwari stated that the city will be incurring costs for the replacement of the treatment plant facility. Three factors contributing to this requirement are 1) current plant nearing the end of its 20 year life in 1999, 2) growth within the community, and 3) environmental changes. He stated that the Committee reviewed several rate structures one of which was a flat rate charge. Under this plan, residents would be charged approximately $27.00. After reviewing other options, the Committee decided to propose a rate structure that would generate the same amount of dollars as a flat rate system, however, it would charge people for sewer usage based on the amount of water used during the winter months. He also stated that he would personally look into Mrs. Lopez'S situation since her bill is much higher than expected. Director Tiwari suggested that staff be allowed to further evaluate the monthly billing amounts before any decision is made by the Council. Page 8 - Council Meeting Minutes, February 26,1996 I --..".____..,.._." __n_' "'___"'_'__ "_','~_"dn.. TAPE READING 1114 1179 1192 1450 ~. COUNCIL MEETING MINUTES February 26, 1996 Director Tiwari stated that he will provide the Council with some additional information at the next meeting. STAFF REPORTS. 1) Summary of Transportation Plan Coordination Meeting 2) Water Master Plan MAYOR AND COUNCIL REPORTS. Councilor Jennings questioned the reserved parking stalls for Library employees in the new Library parking lot. Administrator Childs stated that the Director had specifically requested for the dedication of 2 spaces to accommodate those employees who have to work late at night and parking in that area provides security to those employees after dark. Councilor Jennings stated that the Council had previously gone on record not to allow for reserved employee parking, however, he does not object to the 2 reserved spaces now that he is aware of the reason behind the staff's decision. Councilor Jennings also informed the Council that he had attended a Neighborhood Watch Group meeting which was attended by approximately 25 individuals living in the Marshall Street area. He stated that this is a very pro-active group and he was encouraged by the good things being said about the city council and staff since they are trying to help the group solve the problems in their neighborhood. He also stated that Officer Weaver needs to be complimented on his work with this group of residents. Councilor Sifuentez complimented Director Tiwari regarding his drainage policies which reduced the amount of flood damage to property within the city. She also reminded the pUblic that there are 10 wall bricks still for sale at the Aquatic Center. Councilor Chadwick stated that she had attended the luncheon at MacLaren School and found that the presentation was very interesting. Mayor Kirksey agreed with Councilor Chadwick that the tour of the tent facilities at MacLaren was very informative. She encouraged interested citizens to call city Hall and Councilor Sifuentez will try and make arrangements for those individuals to tour the facility. Councilor Jennings encouraged the Mayor to participate in the Student Shadow Day program. ADJOURNMENT . Page 9 - Council Meeting Minutes, February 26, 1996 ,- . . ,- COUNCIL MEETING MINUTES February 26" 1996 TAPE READING JENNINGS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:13 p.m.. APPROVED ATTEST jl10A M -r~ Mary~ant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, February 26, 1996 r ._~ ~~~-_.- ~-~--~--_.~.~ 11' 1