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Minutes - 10/09/1995 TAPE READING 0001 0003 0013 0020 0063 0071 ,. COUNCIL MEETING MINUTES October 9, 1995 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 9, 1995. 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, Public Works Director Tiwari, community Development Director Goeckritz, Finance Director Gillespie, Police Chief Wright, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant Mayor Kirksey informed the public that this was the VIP opening night at the new aquatic center for the Mayor and council, Park Board, Pool Committee and other invited guests. She, along with councilors Figley and Jennings, did go into the new pool and enjoyed this indoor recreational activity. Administrator Childs requested that item 18 (Executive Session) be deleted from the agenda. JENNINGS/FIGLEY... delete item 18 from the Council agenda. The motion passed unanimously. , MINUTES. JENNINGS/FIGLEy.... approve the Council minutes of September 25, 1995; accept the Planning commission minutes of September 28, 1995 and the Library Board minutes of September 27, 1995. The motion passed unanimously. DECLARATION OF VACANCY - PLANNING COMMISSION POSITION #1. Mayor Kirksey read her memo to the Council stating that incumbent Pam Davis had not attended a Planning commission meeting since October 27, 1994 nor has she responded to letters sent to her on this issue. Pursuant to Resolution No. 1291, Mayor Kirksey requested the Council to declare the position vacant so that the position could be filled in the near future. Page 1 - Council Meeting Minutes, October 9, 1995 .., , ...'.~ 0 ._..._..~.~,.__,_..____..,~"-_.."..~ ,."--",---'""--~-_._~-_.". TAPE READING 0135 0210 0238 0256 "'j,., COUNCIL MEETING MINUTES October 9, 1995 JENNINGS/PUGH.... declare Planning Commission position #1 as vacant. The motion passed unanimously. AllNOUNCEMENTS. A) A public hearing before the Council will be held on October 23, 1995, 7:00 p.m., City Hall, regarding a proposed zone change, comprehensive plan map amendment, conditional use, lot line adjustment, subdivision, and site plan review on property located south of Highway 211 between Cooley Road and Highway 99E for development of a patient care facility, single family, and mobile home park. B) A joint council and Wastewater Advisory Commission tour and workshop will be held at the Wastewater plant on Tuesday, October 10th, at 4:00 p.m.. C) A schedule of the Woodburn Aquatic Center opening events was included in the packet. D) A council workshop will be held on Monday, October 30th, 6:00 p.m., at the PGE building to review Council goals set earlier in the year. CHAMBER OF COMMERCE REPORT. Greg Lundeen, Chamber representative, reminded the Council that the annual Chamber Auction will be held on Saturday, November 4th, at the Woodburn Aquatic Center. This year's program is entitled "Jamaican Crazy Auction" and attendees are asked to dress in tropical clothes and to bring their swimsuits. LETTER FROM CITIZEN REGARDING PRIVILEGE TAX. A letter was received from Elizabeth Aplanalp advising the Council that she is unable to pay the electric and natural gas privilege taxes due to her limited income. PUBLIC HEARING - LIOUOR LICENSE APPLICATION: LaMichoacana Restaurant. Mayor Kirksey declared the pUblic hearing open at 7:10 p.m.. police Chief Wright read his memorandum to the Council which provided a brief summary of the investigation of the business located at 450 N. First street and reasons in support of a denial of the license application. Guadalupe Pena is listed as the applicant and a background check showed no criminal arrests or convictions on the applicant. The report also included background information on the applicant's husband and previous owner, Roberto Pena, who was arrested, convicted, and sentenced to a federal penitentiary for possession of a controlled substance (cocaine) in 1988. The Police Department notified Mrs. Pena in 1990 that remedial action was necessary Page 2 - Council Meeting Minutes, October 9, 1995 "-"".~""-'~-'~'-'-''''''----'-'-''''-''''''-'--'-~~ ... . TAPE READING 0584 "1' COUNCIL MEETING MINUTES October 9, 1995 since there were numerous police incidents investigated, citizen complaints, and arrests for illegal drug activity in the area of and within the premises of 450 N. First street. continued problems relating to liquor, illegal activities, and disturbances in 1994 and 1995 in the downtown area contribute to the staff's recommendation to deny the license. Additionally, he briefly reviewed Oregon's Common Law Property law and suggested that even though the warranty deed conveys the property to Guadalupe Pena, Roberto Pena still has an interest in the property through his marriage to Guadalupe Pena. He also stated that the utility bills at the restaurant are still in the name of Roberto pena and there were no records presented that showed a final marriage dissolution. Lastly, on June 26, 1995 during a traffic stop, Roberto Pena told a Woodburn Police Officer that he was on his way home from his restaurant, LaMichoacana, and that he did the cooking and ran errands associated with the business. Robert Thomas, attorney representing Guadalupe Pena, stated that Mrs. Pena is the sole proprietor of the restaurant and that Roberto Pena is not involved with the restaurant. He stated that he had represented the owners of EI Nopal restaurant, located just south of LaMichoacana, and the Chief had no objections with the issuance of that license in 1994. In fact, crime in the area has decreased since the EI Nopal application was considered. He did not feel that issuance of a liquor license to Guadalupe Pena would cause an increase in criminal activity in that particular area. In regards to recent illegal drug activity at the restaurant, he stated that the individuals involved just happened to go into the restaurant. In his opinion, the way the transaction took place within the establishment was not something that the business owner would have noticed. Attorney Thomas stated that another attorney had prepared the necessary paperwork to change the ownership from 4 owners to Guadalupe Pena as the sole owner of the business. It was an oversight on the part of the attorney not to change the name on the utility bills. He reiterated that Mrs. pena is the only applicant on the application and he did not feel that there are any grounds for denial of the license since the staff has not shown that her restaurant has violated any liquor laws nor has she personally been convicted of a felony. All of the servers have attended classes relating to the serving of alcohol and recognizing illegal activities. He urged the Council to grant the liquor license to the applicant. He also briefly reviewed Oregon's law pertaining to ownership of property if the Pena's were to eventually decide to get a divorce. If the Council is unwilling to recommend approval of the license without restrictions, he stated that his client is willing to have a provisional license granted to demonstrate her good faith on Page 3 - Council Meeting Minutes, October 9, 1995 .,._.,_,._. .._"__~._._'__~ _.... _.__M...,. ,_ ~,. _.,".___. . ,,",___~,_, ,- -- ...-.-..-- 1I1 . TAPE READING 1129 1441 'l COUNCIL MEETING MINUTES October 9, 1995 this matter. Attorney Thomas stated that Roberto Pena does not work at the restaurant nor does he have a financial interest in the business as referenced by the Police Chief. He also informed the council that Ralph Hamphill was interpreting at this meeting since the applicant is not fluent in English. No one in the audience spoke either for or against the liquor license denial. Mayor Kirksey declared the public hearing closed at 7:34 p.m.. The councilors briefly stated their individual concerns regarding issue citing problems with criminal activity in the area and concerns regarding the financial interest Roberto Pen a may still have with the business. JENNINGS/PUGH.... accept the Police Chief's recommendation and vote to recommend denial of the liquor license to the oregon Liquor Control commission. PUBLIC HEARING - WOODBURN TRANSPORTATION SYSTEM PLAN. Mayor Kirksey declared the public hearing open at 7:38 p.m.. Recorder Tennant read the land use statement as required by state law. Councilor Jennings, Chairman of the Transportation Task Force, summarized the work done by the Task Force since 1993 which has culminated in the transportation document now before the Council. The plan establishes transportation guidelines and improvements over the next 20 years which includes, but not limited to, bikepaths, mass transit, south by-pass, and interchange improvements. A public hearing was held before the Planning commission and they have recommended approval of the plan with the proviso that the council consider the Parr Road over-pass as alternative #1. He stated that the City received an 8-page discrepancy letter from LCDC and ODOT which take exceptions to their own equations and staff needs time to evaluate and meet with state representatives to address these issues. Therefore, he requested that the public hearing be continued until the first regular meeting in November (November 13th). FIGLEy/PUGH.... continue the public hearing until the first regular meeting in November 1995. The motion passed unanimously. COUNCIL BILL 1673 - ORDINANCE ANNEXING 5.7 ACRES OF PROPERTY LOCATED SOUTH OF BRANDYWINE SUBDIVISION AND WEST OP BOONES FERRY ROAD AND AMENDING THE ZONE MAP FROM COUNTY UTP TO CITY RS IOsteraaard PrODertv). Councilor Hagenauer introduced Council Bill 1673. Recorder Tennant read both readings of the bill by title only since there were no objections from the Council. On roll call vote Page 4 - Council Meeting Minutes, October 9, 1995 .._-~...~- .._~._"..... "" .,.--.-...-"'.- .._..-.,,-~-_. '..,--_." '--- ~ "W1 I TAPE READING 1510 1640 1681 l' COUNCIL MEETING MINUTES October 9, 1995 for final passage, the bill passed unanimously. declared council Bill 1673 duly passed with the clause. Mayor Kirksey emergency COUNCIL BILL 1674 - RESOLUTION ENTERING INTO LOCAL AGENCY FUND AGREEMENT NO. 13.836 WITH THE STATE FOR STP PUNDS TO WIDEN CLEVELAND STREET BETWEEN FRONT STREET AND SECOND STREET. council Bill 1674 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. councilor Jennings questioned the reasoning behind the widening of such a short area. Public Works Director Tiwari stated that the proposed improvement was not improved several years ago when settlemier street had been resurfaced. The street needs to be improved since it does have cracks and shows deterioration. Additionally, widening the street will provide for additional parking in the area. On roll call vote for final passage, Council Bill 1674 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1675 - RESOLUTION AMENDING THE ORS 190 AGREEMENT WITH NORTH MARION COMMUNICATIONS CENTER (NORCOM) BY ADDING KEIZER FIRE DISTRICT. councilor Hagenauer introduced council Bill 1675. The bill was read by title only since there were no objections from the Council. councilor Jennings questioned if the inclusion of Keizer Fire District as a part of dispatch operations was taken into account at the time the formula was established. Staff informed the Council that the formula did include Keizer Fire District. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1675 duly passed with the emergency clause. REOUEST FOR TEMPORARY CLOSURE OF DOWNTOWN PARKING LOT AND USE OF SOUND AMPLIFICATION EOUIPMENT RE: CHAVITA RESTAURANT. A request was submitted by Attorney JoAnn Beck, representing Salvador Larios, for the closure of the south and east corner of the downtown parking lot and for the use of sound amplification equipment on Sunday, October 16th, between 12:00 noon and 6:00 p.m.. Mr. Larios is preparing to open his new restaurant and, as part of his Grand opening festivities, he has arranged to have a band to provide music and will have free food samples. Staff recommended that the requests be granted. JENNINGS/FIGLEy.... requests for blockage of the downtown parking lot and a permit for the use of sound amplification equipment be granted provided that the applicant obtains all Page 5 - council Meeting Minutes, October 9, 1995 TAPE READING 1711 2232 2527 COUNCIL MEETING MINUTES October 9, 1995 required permits, pays the appropriate fees, and obtains an Occupancy Permit prior to the requested October 16, 1995 date. The motion passed unanimously. OREGON STATE UNIVERSITY JOINT VENTURE/ARCHAEOLOGICAL SITE TESTING. Administrator Childs reviewed his memo which recommended City participation in a joint venture with the Center for the Study of the First Americans (CSFA) at OSU for Phase I archaeological testing and Phase II planning within certain budgetary limits. The site is located along Mill Creek on property owned by the School District. The District has expressed support for the project but has not offered any financial support as of this date. Phase I involves core sampling, carbon dating tests, and development of a work plan and budget for Phase II. He stated that the staff feels that a maximum expenditure by the City of $6,200 can be justified for the core sampling and carbon dating and all other costs should be borne by CSFA. Phase I is necessary to determine if future excavation should be pursued at the site. Councilor Pugh expressed concern over authorizing this type of expenditure when there are many other city projects that need financial support. Mayor Kirksey stated that, if there is a significant find, the City will get more than their initial investment back from gas tax, hotel/motel tax, and increased sales by local businesses. Director Goeckritz stated that the archaeologists were very enthused about the prior find of bones and the core sample is necessary to identify and analyze the samples. By doing the core samples now, students will be able to assist with this project and, by next spring, they will be able to determine whether or not Phase II should be pursued. Barbara Lucas, 214 E. Clackamas CI, questioned where the initial funds would be taken from and what obligation the City would have in the future regarding this project. Administrator Childs stated that, if approved, the maximum amount to be spent out of this year's budget is $6,200 and the balance would be paid by CSFA through their funding sources. If Phase II becomes a reality, then the City could plan for the expenditure of additional funds, if any, during the budget process. Mayor Kirksey reiterated that Phase I is necessary to determine if there is something of significance out there and, if so, the City will benefit from the project. PUGH/FIGLEy.... defer any action on this item for 30 days. Further discussion was held regarding the deferral of a decision. Councilor Jennings stated that he feels that the project is well deserved, however, he needs justification of Page 6 - Council Meeting Minutes, October 9, 1995 ~ _..._...."~~-~_. ,------"'.--. _..._..~"_.~--._--_..,,_. ,._.._._-~ . .., I TAPE READING 2796 2974 Tape 2 0090 0100 0180 '>r. COUNCIL MEETING MINUTES October 9, 1995 the expense so that his constituents do not lose faith with the city especially now that we have a tax base. On roll call vote, the motion passed unanimously. LETTER FROM PARK BOARD CHAIRMAN RE: PARKING AT THE NEW AOUATIC CENTER. Mayor Kirksey read a letter from Park Board Chairman Frank Anderson expressing concern regarding the lack of parking around the new facility. councilor Jennings stated that staff has advised him that plans are in the process to enlarge the parking area to the south and east of the facility. Director Goeckritz stated that the enlargement of the parking area (south of the facility and east to Front street) was Phase II of the project. SITE PLAN ACTIONS/SUBDIVISIONS/PUD'S. The Planning Commission has approved a 24-lot single family Planned unit Development (#95-01) and conditional use (#95-03) located south of Elana Way and west of Boones Ferry Road. The development is known as Homestead Acres and involves approximately 5.71 acres. A brief discussion was held regarding this project, however, no action was taken by the council. STAFF REPORTS. A) Building activity report - no action taken B) LOC conference November 10-12, 1995 -- The Council was reminded that conference registration needs to be submitted by October 27th. CITY ADMINISTRATOR'S REPORT. Administrator Childs stated that he had recently received a telephone call from a Council of Government's representative regarding application for Timber Dependent Community grant funds. Last year, the City submitted 3 projects for funding under this program. Since one of the projects was completed this year through other funding sources, he authorized COG to resubmit the two remaining projects for potential funding. He expressed his appreciation to COG for their willingness to assist the city in securing available grant funds. Councilor Chadwick stated that she was impressed with the new aquatic center and stated that those individuals who worked on the project should be applauded. Page 7 - Council Meeting Minutes, October 9, 1995 'f""' ..._._,__. ~...__,....,..."_,..,.,~_._._,.. .~__.."' __'_'__"'~.""". ~."m_"_'..__._",~ 'II , '~, COUNCIL MEETING MINUTES October 9, 1995 TAPE READING Councilor Pugh suggested that a committee be appointed to evaluate the sound system in the Council Chambers and recommend any changes to improve the system. Administrator Childs stated that there is money in this year's budget for this purpose and Cable Access committee members have expressed a willingness to assess the sound system. Councilor Figley questioned if sidewalks are planned for both sides of West Hayes street in the area outside of Senior Estates. Director Tiwari stated that West Hayes Street is on the list of improvements. In his opinion, sidewalks should be install all of the way to Evergreen Road, however, this type of project is a major investment which may involve a local improvement district. The Transportation Plan partially addresses this issue but a policy decision will need to be made sometime in the future regarding the full extent of the improvement. Councilor Figley reminded the public that October 20th is the official opening date of the new aquatic center. 0553 Councilor Jennings stated that he was a Woodburn resident when the first pool was opened and this new pool is even larger. He also agreed with Councilor Pugh that the sound system needs improvement so the audience can hear what is being said at the meeting. councilor Sifuentez cordially invited the public 0 visit the new pool. She also stated that the pool committee and staff have a "wish list" of approximately 10 items and persons interested in donating these items or money towards their purchase are asked to call the Parks Department. JENNINGS/PUGH.... direct staff to use funds within the Council budget to purchase a clock for the main pool area. The motion passed unanimously. Mayor Kirksey encouraged residents to visit City Hall to see the bones on display and then give your opinion to your councilor as to whether or not the city should participate in the joint venture with osu. She also stated that there are vacancies on the Park Board, Planning Commission, and Human Rights Commission. She requested the Councilors to submit names of interested candidates to her as soon as possible so that appointments can be made at the first meeting in November. Page 8 - Council Meeting Minutes, October 9, 1995 TAPE READING 0602 ATTEST COUNCIL MEETING MINUTES October 9, 1995 ADJOURNMENT . JENNINGS/FIGLEY... meeting be adjourned. unanimously. The meeting adjourned at 8:47 p.m.. ---- "? APPROVED / NANCY A. Ii I ~-~A^ o-v+' Mary Te ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, October 9, 1995 r- .- _H...._ ...-- The motion passed .4 / .., ~"~ I