Loading...
Minutes - 09/26/1994 TAPE READING 0001 0012 0040 0058 0075 0115 0151 - """"' COUNCIL KEETING KlNUTES September 26, 1994 DATB. COUNCIL CHAMBERS, CITY BALL, CITY OF WOODBURN, COUNTY OF KARION, STATB OF OREGON, SBPTBKBER 26, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. Administrator Childs requested that an additional staff report (Item 15(F)) be added to the agenda since it relates to recent water test results. \ ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Sifuentez Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Police Lt. Eubank, Public Works Manager Rohman, Library Director Sprauer, 9-1-1 Communications Manager Wolf, City Recorder Tennant KINUTES. JENNINGS/FIGLEy.... 12, 1994 and accept September 8, 1994. approve the Council minutes of September the Planning Commission minutes of The motion passed unanimously. ANNOUNCEKENTS. Mayor Kelley informed the public that the City of Gervais is holding their 2nd Annual Festival (parade, live entertainment, amusement rides, crafts, etc.) beginning Friday, September 30th, and concluding Sunday, October 2nd. The Wastewater Advisory Committee and city Council will hold a workshop on Tuesday, September 27th, to discuss rate philosophy. PROCLAMATION - CRIKE PREVENTION KONTH. Mayor Kelley proclaimed the month of October 1994 as Crime Prevention Month. PUBLIC HEARING - LIOUOR LicENSB REOUEST RE: PLAYA DE ORO RESTAURANT. Mayor Kelley declared the public hearing open at 7:06 p.m.. Police Lt. Eubank reviewed the staff report on the liquor license application which was submitted by Salvadore Rodriguez. He stated that the original staff report submitted to the Council on August 22, 1994 included 20 special Page 1 - Council Meeting Minutes, September 26, 1994 11 TAPE READING 0559 - ~ COUNCIL KBETIRa MINUTES September 26, 1994 conditions, however, as suggested by Councilor Mitchell, staff is proposing another condition that would require the video cameras to be 100% operational and, if not, no alcohol can be served at the establishment until the cameras are fully operational. Since this is a change of ownership application, incidents over the past 12 months such as illegal activities, disturbances, calls for service, and life threatening incidents are considered for the purpose of determining a recommendation of approval or denial of the license. Playa de Oro Restaurant, located at 553 N. Front st., has been under the ownership of Mr. Rodriguez since April 1994. There have only been two calls for service since Mr. Rodriguez has taken over the business. Prior to that time, the restaurant had on- going problems relating to illegal drugs and various other negative activities which had occurred in and or around the premise. The Oregon Liquor Control Commission COLCC) had previously denied Mr. Rodriguez a temporary license based on the problems at the establishment in the past. Staff's recommendation is to deny the Class A liquor license change of ownership application, however, if the Council were to endorse the application, they requested that the 21 special conditions be attached to the license. Carol Bartlett, attorney representing Mr. Rodriguez, stated that the past history brought out in the staff report involve 2 different owners of the restaurant that have nothing to do with the current owner. They have recently met with Chief wright and now have a better understanding of what problems the Police Department has had in the past at the establishment. She stated that Mr. Rodriguez is willing to accept the 21 conditions and she urged the Council to endorse the application with the conditions. OLCC has indicated that they may be willing to issue a temporary license until the formal Commission hearing is held in late November or December if the Council endorses the application with the 21 conditions. If the Commission endorses the license, the Council will have another opportunity in March 1995 to review the establishment's operation during the annual license renewal process. Salvadore Rodriguez, applicant, stated that he is aware of the prior history at the establishment, however, he would like to have the same opportunity to sell alcohol with meals similar to other businesses within the City. He plans to remodel the business and is trying to make it a cleaner and more enjoyable environment. He expressed his willingness to work with the City and to take whatever measures are necessary to secure a liquor license. Councilor Figley questioned if Mr. Rodriguez was willing to only sell alcohol with meals rather than having a lounge atmosphere. Attorney Bartlett stated that he is always willing to sell Page 2 - Council Meeting Minutes, September 26, 1994 ~ TAPE READING 1552 2747 - ~ COUNCIL HEETING HlNUTES september 26, 1994 food items and/or make hors d'oeuvres available for those consuming alcoholic beverages. She stated that Mr. Rodriguez is committed to making this a respectable establishment. Mayor Kelley suggested a 30 or 60 day trial period. Attorney Bartlett stated that it could be another condition with an outlined procedure to follow, however, the renewal period is next spring and the Council has an opportunity at that time to re-evaluate the license. Gib Ramage, 1030 Astor Way, submitted a petition signed by 17 individuals who are urging the Council to endorse the application. He read the petition which included information as to the owners efforts to clean-up the restaurant and make it a family style restaurant. Dave Downs, Hit Parade Music Co., stated that his business is located near Playa de Oro Restaurant. He expressed his opinion that business owners need to take advantage of all avenues that are available to them in order to make a viable living. In his opinion, the license endorsement would benefit both the owner and the city. Chief Wright expressed his opinion that the department's recommendation does carry a precedent. He still stands by the recommendation to deny the license based on past history, however, if it is endorsed, he recommended that the conditions be attached. The conditions were drafted by his staff without the input of Mr. Rodriguez. He briefly reviewed the different types of OLCC licenses and the Commission's rules relating to conditions. Attorney Bartlett reiterated that OLCC has indicated that they would reconsider the temporary license with conditions before it goes to the Commission for a formal hearing. She urged the Council to give Mr. ROdriguez a chance to improve the financial condition of his business and an opportunity to work towards a change in clientele who patronize the business. Fraul Rodriguez, 838 Meadowvale Lane, stated that he has a Business Degree and he his assisting his brother in trying to make this a viable business. He urged Council endorsement of the liquor license. In regards to the number of conditions proposed by staff, Chief Wright stated that this is the most stringent list recommended by staff due to the problems experienced in the past. Mayor Kelley closed the public hearing at 8:22 p.m.. Each of the Councilors expressed their views and concerns on this issue. In summary, they were willing to give the new owner an opportunity to have the Class A license but strongly encouraged the serving of alcohol only during meal hours. Tape 2 JENNINGS/SIFUENTEZ.... make an affirmative endorsement to OLCC with the additional 21 licensing conditions recommended by staff. On roll call vote, the motion passed unanimously. Page 3 - Council Meeting Minutes, september 26, 1994 "" - ~ COUNCIL MEETING MINUTES september 26, 1994 TAPE READING 0049 HABITAT FOR HUMANITY - REOUEST FOR WAIVER OF DEVELOPMENT FEES. Ismael Villastrigo, 418 Bradley, spoke on behalf of the local Habitat for Humanity organization and requested a reduction and/or waiver in development fees. He stated that the organization has built two homes in Woodburn in the past and is proposing a third home at 475 S. Front street. Volunteer time and donations help to keep the actual cost of the home at an affordable level to families who could not otherwise purchase a home. The new homeowner is responsible for all taxes on the property which is included in their monthly payment. In the past, the City had waived all but $1,800 in fees. The fees have now increased to approximately $6,000. JENNINGS/FIGLEY... maximum fees to be collected from Habitat for Humanity be $1800 for the house to be located at 475 s. Front Street. Public Works Director Tiwari stated that the remainder of the fees should be paid from other city funds. JENNINGS/FIGLEy.... add to the motion that the remainder of the funds needed to pay for the fees be transferred from Public Works contingency funds. On roll call vote, the motion passed unanimously. ~ COUNCIL BILL 1583 - ORDINANCE MODIFYING CONDITIONS OF APPROVAL CONTAINED IN ORDINANCE NO. 2095 AND APPROVING SITE PLAN FOR CAPITAL DEVELOPMENT. Council Bill 1583 was introduced by Councilor Hagenauer. 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 Kelley declared Council Bill 1583 duly passed with the emergency clause. 0424 COUNCIL BILL 1584 - RESOLUTION ENTERING INTO A FUND EXCHANGE AGREEMENT WITH OREGON DEPT. OF TRANSPORTATION FOR COmrrRY CLUB ROAD REALIGNMENT PROJECT. Councilor Hagenauer introduced Council Bill 1584. 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. Mayor Kelley declared Council Bill 1584 duly passed. 0449 COUNCIL BILL 1585 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE REI TRAFFIC SAFETY GRANT FOR ENFORCEMENT OF TRAFFIC LAWS. Council Bill 1585 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1585 passed unanimously. Mayor Kelley declared the bill duly passed. . Page 4 - Council Meeting Minutes, September 26, 1994 11 TAPE READING 0475 ~ 0526 0539 0571 .- ~ COUNCZL KEETZHG KZHUTES september 26, 1994 COUNCZL BZLL 1586 - RESOLUTZOH APPROVZHG PLACEMENT OF A STOP SZGH OH HORTH FZFTH STREET AT HIGHWAY 214. Councilor Hagenauer introduced Council Bill 1586. 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 Kelley declared Council Bill 1586 duly passed. ACCEPTANCE OP UTZLZTY EASEMENT - FAZRWAY PLAZA. ZHC.. Staff recommended the acceptance of a 16' wide utility easement adjacent to the west property line of Fairway Plaza for the purpose of installing an 8" diameter water main. JENNINGS/FIGLEy.... easement from Fairway Plaza, Inc. be accepted. The motion passed unanimously. ACCEPTANCE OF UTZLZTY EASEMENT - COUNTRY CLUB RD/OREGOH WAY REALIGNMENT PROJECT. Staff recommended the acceptance of an easement from Echo Leonetti which will provide for the relocation of street radius and traffic control devices. JENNINGS/FIGLEy.... easement from Echo Leonetti be accepted. The motion passed unanimously. WASTEWATER DISCHARGE LIMITS FOR HORTH MARIOH FRUIT PROCESSIHG FACILITY. Public Works Director Tiwari stated that there is a potential buyer for the facility who is proposing a lower usage amount of wastewater discharge than the allowable amount shown on the last city permit. Staff recommended to reaffirm the allowance of wastewater discharge permit load limits without change in ownerShip considerations unless a change in operation or expansion were to take place. JENNINGS/FIGLEY... Council reaffirm the decision to allow wastewater discharge permit load limits to stay with the North Marion Fruit Facility without change in ownership considerations, unless a change in operation or expansion were to take place. The motion passed unanimously. CONNECTIOH OF SANITARY SEWER SERVICE TO PROPERTY OUTSIDE OF THE CZTY LIMITS. Councilor Jennings questioned why the property is not being annexed at this time. Director Tiwari stated that the properties involved (2560 & 2580 N. Boones Ferry Rd.) are adjacent to Tukwila Subdivision and there is concern that the septic system may be disrupted or altered from the development, therefore, creating a failure and a health hazard. If the connection is allowed, the property owner would pay the required connection fees and would be charged 1.5 times the established service rate. Councilor Jennings stated that he would not be voting on this issue due to a potential moral conflict since he has been Page 5 - Council Meeting Minutes, September 26, 1994 'II TAPE READING .QllQ 1012 1043 - ......", COUNCIL MEETING MINUTES September 26, 1994 lifetime friends with one of the property owners. Councilor Figley stated that she recognized the need for the connection but suggested that the owners sign a waiver that they would not remonstrate when an annexation issue is brought before them. Director Tiwari stated that a waiver has been used in other situations similar to this case. FIGLEy/HAGENAUER.... request for sanitary sewer connection at 2560 and 2580 N. Boones Ferry Rd. be granted with the conditions recommended by staff and the execution of waiver relating to annexation. On roll call vote, the vote was 4-0-1 with Councilor Jennings abstaining. SOUND AMPLIPICATION PERMIT REOUEST. Another request for a sound amplification permit was submitted by Messengers of the Cross for the month of October 1994. Administrator ChildS stated that this is the 3rd request for the permit and usage of the Library Park stage. The evangelistic group shares there message to interested individuals by playing music, passing out literature, and providing a social atmosphere. There have been no complaints filed with the police Department as of this date. JENNINGS/FIGLEy.... grant permission to Messengers of the Cross for use of sound amplification equipment and the Library Park stage for the month of October 1994. The motion passed unanimously. TAX BASB FACT SHEET. Administrator Childs recommended the preparation of an impartial fact sheet on the City'S tax base measure to be distributed to all city voters or households. He also recommended that two Councilors be designated to assist him in reviewing the format and content of the fact sheet. JENNINGS/FIGLEy.... authorize staff to develop an impartial fact sheet on the tax base issue as recommended. The motion passed unanimously. It was the consensus of the Council that Councilors not be designated to assist the Administrator with this project. Rosemary Hammack, 1225 Hardcastle, expressed her frustrations in the lack of city ordinances which would force owners of rental property to be responsible property owners who would evict tenants that are creating disturbances or problems in the neighborhood. She cited a specific case in which gang- related activities are taking place at a rental home located on Park Avenue which is owned by an individual in Alaska and drive-by shootings have occurred in the neighborhood as a result of the gang activity. She expressed concern over the safety of individuals, especially children, who live in the area. Page 6 - council Meeting Minutes, september 26, 1994 11 TAPE READING 1313 1467 un 2082 - ~ COUNCIL MEETING MINUTES september 26, 1994 Chief Wright stated that work has been progressing on a Nuisance House Ordinance which has only been in effect in larger cities for a short time. It is anticipated that an ordinance will be before the Council within the next two months for review. Rosemary Hammack urged the Council to vote favorably on the ordinance once it is before them. SITB PLAN ACTIONS. Expansion of Heritage Arms Apartments located on Young street -- No action was taken by the Council on this issue. STAFF REPORTS. (A) Sewer Rate Philosophy -- Public Works Director Tiwari provided a brief overview of issues to be discussed at the workshop scheduled for Tuesday, September 27th. (B) Crime Prevention Month - October 1994 -- List of activities scheduled during October provided for Council information. (C) Leaf pick-up program -- This year's program to begin October 24th and end December 16th. (D) Wastewater Facilities Planning Report -- council consensus to send written request to DEQ for an 8 month extension in sUbmitting the Oraft Final Wastewater Treatment Plant Facilities Plan. (E) Cascadia Project -- Information from Council of Governments regarding an informational presentation on October 4th, Salem Public Library, relating to the development of high speed rail between Vancouver BC and Eugene. (F) Water Test Results for Microbiological contamination -- Public Works Manager Rohman stated that recent water sampling on Wilson Street resulted in a positive test sample and subsequent testing from connections from both upstream and downstream had also tested positive. Since the testing is done from outdoor hose connection points, sterilization is more difficult and it is believed that this the reason for the positive tests. By law, the City is required to notify the pUblic of the test results through publication of a notice in the local newspaper and by mail to the water customers. The city is working with the state Health Department on this issue. Water lines in the area have been flushed and additional samples have been taken with results to be received mid-week. It was noted that all samples taken did not contain any fecal coliform or E.Coli bacteria. Councilor Hagenauer stated that the barriers in front of the Salud building are down and garbage is COllecting in front of the building. Director Goeckritz stated that he will contact Salud's Director to have the area cleaned up and the barriers replaced. Page 7 - council Meeting Minutes, September 26, 1994 11" TAPE READING 2219 llU 2.llQ - ~ COUNCIL MEETING MINUTES September 26, 1994 Councilor Figley questioned the status of the Pool bids and Centennial Park. Director Holly stated that the Marines did preliminary ground work around mid-September and they are scheduled to return October 14-16 to continue with infrastructure work. Some drainage tile was installed in September by an anonYmous donor. In regards to the new swimming pool, it is anticipated that bids will be opened on October 27th. Mayor Kelley stated that the street light on the 800 block of Oregon Way has a tree limb blocking the light and he requested that the staff remove the tree limb in order to keep the area illuminated. Another tree limb needs to be removed in the 700 block of Hardcastle that has been hanging for quite a period of time. He also stated that residents are complaining about a vacant house in the 700 block of Hardcastle that is a public nuisance and he requested staff to take necessary action to have the building removed. Public Works Director Tiwari stated that his staff will take care of the removal of tree limbs. In regards to the vacant house, staff will proceed with the process to declare the house a dangerous building. EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session under the authority of ORS 192.660(1) (d) for the purpose of conducting deliberations with persons designated by the governing body to carryon labor negotiations. The motion passed unanimously. The Council adjourned to executive session at 9:40 p.m. and reconvened at 10:14 p.m.. Mayor Kelley stated that no decisions would be made by the Council on issues discussed in executive session. ADJOURNMENT. JENNINGS/FIGLEy..... meeting be adjourned. unanimously. The Council meeting The motion passed adjourned at 1~:15 .m.. APPROVED ~ L KELLEY, MA R ATTEST ~~ {~ y Inant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, September 26, 1994 11