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Minutes - 03/25/1991 COUNCIL MEETING MINUTES March 25, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, March 25,1991. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0011 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Staff Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park and Recreation Director Holly, Police Chief Wright, Finance Director Gritta, Deputy Recorder Tennant. Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Present Present Present Present Present Present Present 0023 MINUTES. JENNINGS/SIFUENTEZ.... approve the Council minutes of March 11, 1991; accept the Planning Commission minutes of March 14, 1991, the Park & Recreation Board minutes of February 7,1991, and the Downtown Association minutes of March 12, 1991. The motion passed unanimously. 0032 Administrator Quinn advised the Council that United Disposal Service will be providing dumpsters for yard debris on March 30 and 31, 1991, as part of the annual Spring Clean-Up week. As in the past, the dumpsters will be located at several locations throughout the City. 0067 CHAMBER OF COMMERCE REPORT. Dan Glennon, Chamber President, stated that the Oregon Ag Fest will be held on April 12th at the Oregon State Fairgrounds. He issued an invitation to the Council to attend the Ag Stars awards program, sponsored by the Woodburn Chamber, to be held at the Jackman-Long Building, 6:00 pm - 9:00 pm., on that date. 0101 PUBLIC HEARING - TRANSIENT OCCUPANCY TAX. Mayor Kyser declared the public hearing open at 7:03 p.m.. Administrator Quinn reviewed the staff report which outlined the major provisions of the proposed ordinance. He stated that the proposed tax would apply to Page 1 - Council Meeting Minutes, March 25, 1991 1'" - COUNCIL MEETING MINUTES March 25, 1991 TAPE READING hotels, motels, boarding housings, mobile home/trailer parks, and RV parks and would be applicable to occupancy of a unit for less than a 30 day period. Current taxes levied by communities within our area range from 5% - 10%, therefore, it is proposed to establish a 6% tax of which the operators would retain 10% of the tax collected for their handling fee. Disposition of the remaining funds is a policy decision of the Council, however, it was suggested that the Chamber receive some funds for tourism promotion. 0338 Jay Kimball, representing Hospitality Associates (Comfort Inn), stated that his firm did not object to the tax, however, they questioned the amount of the tax and the disposition of the revenue. He stated that the current tax rate in Wilsonville is 5% while Salem charges a 6% tax. He contended that similar tax rates would reduce the occupancy rate in Woodburn since most of the patrons are shopping around for the best rates. In regards to expenditure of revenues generated from the tax, he suggested that the money be used on promoting tourism rather than park or road improvements. Mary Carroll, Manager of 1-5 RV Park, stated that the park experiences similar circumstances as the Comfort Inn motel and competitive pricing is a factor in the occupancy rate of the RV park. She also suggested that the City enact or enforce any law(s} which would prohibit overnight parking in parking lots. The public hearing was declared closed at 7:27 p.m.. 0789 Mayor Kyser stated that the City of Salem is proposing an increase in their transient occupancy tax from 6% to 10%. He also stated that he is willing to give the Chamber of Commerce some of the revenues for tourism promotion. Discussion was held on the amount of revenue to allocate to the Chamber and the disposition of remaining funds in support of city operations. JENNINGS/STEEN.... instruct staff to draft an ordinance adopting a 6% transient occupancy tax with 10% to be retained by the collector, 10% to the Chamber for tourism with a $4,000 limit, and the balance of funds collected to the General Fund. The motion passed 5-1 with Steen voting nay. 1029 APPEAL OF VARIANCE #91-01 - ROBERT MONTGOMERY. Robert Montgomery appealed the Planning Commission decision to deny a variance request to place a garage approximately two feet from a side yard property line instead of the required five foot placement. Options available to the Council on the appeal request were: (1) refer the matter back to the Planning Commission for further consideration, (2) affirm the action of the Planning Commission and deny the appeal, and (3) set the appeal for hearing before the Council. Councilor Jennings advised the Council that he would abstain from the discussion on this issue since he had a potential conflict of interest. Following a brief discussion on the available options, Page 2 - Council Meeting Minutes, March 25, 1991 - COUNCIL MEETING MINUTES March 25, 1991 TAPE READING HAGENAUER/FIGLEY.... approve the Planning Commission decision to deny the variance based on the findings of the Commission. The motion passed 5-0-1 with Jennings abstaining. 1094 COUNCIL BILL 1286 - RESOLUTION AUTHORIZING A SUPPLEMENTAL AGREEMENT TO STATE HIGHWAY DEPARTMENT CONTRACT #10471 REGARDING HIGHWAY 214 ROADWAY IMPROVEMENTS. Council Bill 1286 was introduced by 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 1286 passed unanimously. Mayor Kyser declared the bill duly passed. 1147 LIQUOR LICENSE APPLICATION - WESTVIEW TEXACO. Police Chief Wright recommended the approval of a new ownership package store liquor license submitted by Barry Sullivan and Dean & Linda O'Donnell DBA: Westview Texaco. JENNINGS/SIFUENTEZ... approve the liquor license application as recommended by staff. The motion passed unanimously. 1179 REQUEST FOR STREET CLOSURE AND USE OF SOUND AMPLIFYING EQUIPMENT. The staff recommended Council approval of a request from Ramon Ramirez, representing PCUN, to temporarily close a city street in the downtown area and to use sound amplifying equipment on May 5, 1991 for the Cinco de Mayo celebration between the hours of noon and 7:00 p.m.. SIFUENTEZ/FIGLEY.... approve the application for temporary street closure and sound amplifying equipment for the Cinco de Mayo celebration. The motion passed unanimously. 1191 Mary Carroll, Manager of the 1-5 RV Park, questioned the Council on the six month rule pertaining to residency within an RV park. The staff advised her that Oregon State law prohibits individuals from staying at the same location for more than six months. 1143 Ramon Ramirez expressed his appreciation to the Council for their approval of the temporary street closure and use of amplifying sound equipment on May 5th. He also invited the Council to attend the 12th annual Cinco de Mayo celebration. 1372 Dan Glennon, Chamber President, stated that the Chamber of Commerce agrees with the 10% or $4,000 limit of occupancy tax receipts for the current time period. Page 3 - Council Meeting Minutes, March 25, 1991 - COUNCIL MEETING MINUTES March 25, 1991 TAPE READING However, he requested that the Council reconsider the limitation in a few years as annual revenues increase and the need for tourism promotion increases. Mayor Kyser assured Mr. Glennon that the ordinance could be amended at a later date to update the revenue amount to be forwarded to the Chamber of Commerce. 1483 Councilor Jennings stated that the West Woodburn area has had a series of vandalism incidents caused by minors between the ages of 6 and 14. Police Chief Wright stated that he has requested curfew ordinances from several Oregon cities in order to review their standards versus state law. Oregon State Law currently designates curfew between the hours of 12:00 a.m. and 4:00 a.m.. 1774 In reviewing a staff report on the K-Mart/Bi-Mart storm drain improvements, Public Works Director Tiwari stated that the developers have decided to finance the improvement rather than pursuing a Local Improvement District. Director Tiwari also advised the Council that the installation of a traffic signal on the southbound ramp of the 1-5 interchange will be completed by November 15, 1991. 1820 Councilor Steen questioned the staff as to how soon a draft curfew ordinance would be presented to the Council. Police Chief Wright stated that he anticipates submitting some information to the Council at their last meeting in April. 1847 Councilor Figley complimented the Park Department on the installation of playground equipment in West Woodburn and Nelson parks. She also expressed her appreciation to the Police Department for their assistance at the Comeback Campaign's community event on March 16th. 1880 Mayor Kyser advised the Council that he would be attending a meeting in Salem on March 26th which will consist of Congressman Kopetski and Mayors from seven communities within our local area. 1904 ADJOURNMENT. The meeting adjourned at 8:00 p.m.. ATTEST /l1~l Mary ~ant, Deputy Recorder City of Woodburn, Oregon APPROVED Fred W. Kyser, Mayor Page 4 - Council Meeting Minutes, March 25, 1991