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Minutes - 03/11/1991 COUNCIL MEETING MINUTES March 11, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 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 Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Present Present Present Present Present Present Present 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, Library Director Sprauer, Deputy Recorder Tennant. 0023 MINUTES. JENNINGS/STEEN.... approve the Council minutes of February 25, 1991; accept the Planning Commission minutes February 28, 1991, the Library Board minutes of February 27, 1991, the Woodburn Comeback Campaign minutes of February 19, 1991, the Downtown Association minutes of February 26 and March 6, 1991, the RSVP Advisory Board minutes of February 11, 1991, and the Woodburn Fire District minutes of February 19, 1991. The motion passed unanimously. 0033 APPOINTMENTS TO RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) ADVISORY BOARD. Mayor Kyser recommended the re-appointment of Clifford Small, Ardith Stromme, Rosetta Wangerin, and Lillian Warzynski to the RSVP Advisory Board. He also recommended the appointment of Nancy Kirksey and Delia Torres to serve a two year term on the Board. JENNINGS/HAGENAUER.... approve the appointments to the RSVP Advisory Board. The motion passed unanimously. Page 1 - Council Meeting Minutes, March 11, 1991 'IT - COUNCIL MEETING MINUTES March 11, 1991 TAPE READING 0053 APPOINTMENTS TO WOODBURN COMEBACK CAMPAIGN COMMITTEE. Mayor Kyser recommended the appointment of the following individuals to the Committee: Andy Yanez, Dan Glennon, and Paul Kirkpatrick. JENNINGS/FIGLEy.... approve the appointments as recommended. The motion passed unanimously. 0068 WOODBURN COMEBACK CAMPAIGN COMMITTEE REPORT. Ruth Herman Wells, Committee Co-Chairperson, extended an invitation to the Council to participate in a community event scheduled for March 16th at 4:00 p.m. in the downtown parking lot. She also summarized the Committee's meeting of February 27th pertaining to housing issues which involved State and County officials. A meeting will be held on March 26th with the State Commission on Agriculture to discuss short term temporary housing assistance to farmworkers. She also requested the Council to authorize the staff to assist the Committee in pursuing short and long term housing funds. 0241 WOODBURN CHAMBER OF COMMERCE REPORT. Dan Glennon, Chamber Board President, advised the Council that Board members will be assigned a specific month during the year to attend Council meetings. He invited the Council to attend a meeting on March 14th, 3:00 p.m., in which John Jaqua, Oregon Development Committee, will discuss issues pertaining to small businesses. 0281 Budget Committee meetings are scheduled for March 12 and 14, 1991, at 7:00 p.m.. 0289 Craig Munson, representing H & K Development, requested a workshop with the Council to discuss potential land acquisition of City owned park property in West Woodburn. Mayor Kyser stated that the trial date with Pacific Northwest Development is scheduled for June 29, 1991 and no decision on the use of the property will be made until after the trial. 0362 PUBLIC HEARING -- CROSSROADS GROCERY & DELI Mayor Kyser declared the public hearing open at 7: 13 p.m.. Chief Wright read his staff report on the policy standards adopted by the Council at their February 11 th meeting which resulted in the public hearing process for five liquor establishments within the City. Following the general staff report, he reviewed the calls for service (79 calls) during 1990 which represented a 31 % increase. Calls for service include, but is not limited to, assaults, criminal mischief, fights, trespass, narcotics, liquor Page 2 - Council Meeting Minutes, March 11, 1991 -, COUNCIL MEETING MINUTES March 11, 1991 TAPE READING violations, and theft. The calls for service involve police response to the establishment even though the problems may be occurring outside the building. Hassan Mohamud, owner of Crossroads Grocery & Deli, stated that he was unaware of the newly established policy and the potential denial of his liquor license renewal until he had read it in the Woodburn Independent. He informed the Council that he has since hired a security guard, however, his business is a known hangout for young people. In reviewing the calls for service, he stated that 50 out of 79 calls involved young people. He also expressed his concern about not being notified of the policy change. He informed the Council that he and his employees are determined to correct the situation at the business. Dan Glennon, 1460 Walton Way, stated that he had owned Artie Circle for 15 years and during that time period, he experienced the same problems with the young people that Mr. Mohamud is now experiencing. He had hired a security guard but the young people would leave when the guard arrived and came back soon after his departure. He expressed his opinion that the number of calls for service criteria is a disservice to Mr. Mohamud and continual pressure on the young people will only drive them to another location within the City. Nancy Kirksey, 1049 McKinley, expressed her opinion that the liquor license should not be renewed and read an excerpt from the OlCC handbook relating to the probability of illegal activities. She stated that all business owners should have been responsible enough to read the handbook and take appropriate action to curtail problems at the establishment before it became an issue. She informed the Council that her testimony on the renewal of liquor licenses would apply to each establishment undergoing the hearing's process on this date._ Mayor Kyser declared the public hearing closed at 7:39 p.m.. Councilor Sifuentez questioned Chief Wright as to whether or not he had reviewed the OLCC laws with the business owners. The Chief stated that he had met with the affected business owners within the last two weeks. He also stated that the policy guidelines adopted by the Council bring those establishments under a review process rather than a direct recommendation from the Police Department for either approval or denial of a license. STEEN/FIGLEY... direct the Police Chief to meet with the applicant to establish a Compliance Plan which will be brought back to the Council. The motion passed unanimously. Page 3 - Council Meeting Minutes, March 11, 1991 'fT ,-, COUNCIL MEETING MINUTES March 11, 1991 TAPE READING 1409 PUBLIC HEARING - RAVEN INN TAVERN. The Mayor declared the public hearing open at 7:46 p.m.. Chief Wright reviewed the 1990 calls for service (30 calls) which represented a 61 % decrease since 1989. He also stated that the owner has been operating under an OLCC Compliance Plan. Ron McDonald, attorney representing the owner, stated that the business entered into a Compliance Plan with OLCC in June 1989 and that the Compliance Plan would remain intact until the business closes or an amendment to the Plan is adopted. He reviewed the types of calls for service and informed the Council that 66% of the calls were initiated by the owner. Tina Wiltsey, owner, stated that she does hire 2 security guards for special occasions and fights are usually handled by her staff. Mayor Kyser declared the public hearing closed at 8:00 p.m.. JENNINGS/FIGLEY... recommend approval of the liquor license with the condition that the OLCC Compliance Plan be continued. The motion passed unanimously. 1964 PUBLIC HEARING - PUB 99. Mayor Kyser declared the public hearing open at 8:03 p.m.. Police Chief Wright reviewed the 1990 calls for service (37 calls) which represents a 15% decrease over 1989. He also stated that there had been six separate incidents of drug sales which occurred both inside and outside of the tavern. The bartender involved in the drug sales has been subsequently terminated by the owner. Craig McMillen, attorney representing tavern owner Raymond Krieger, stated that owners of other stores within Mall 99 have not complained to Mr. Krieger regarding his business. Mr. Krieger has since re-hired his former manager who has had 20 years of experience and has hired additional bartenders to work on the busier nights. In addition, Mall 99 has hired security guards to patrol the mall area Councilor Figley questioned the drug activity at the business. Mr. Krieger stated that when the undesirables moved out from the downtown area, they came out to Mall 99. He also stated that he has placed video cameras within his establishment to take pictures of patrons who may be involved in illegal activities. Chief Wright stated that Mr. Krieger has been working with the Police Department during the past year. The public hearing was declared closed at 8: 15 p.m.. HAGENAUER/FIGLEy.... recommend approval of the liquor license with the condition that the OLCC Compliance Plan remain in force. The motion passed unanimously. Page 4 - Council Meeting Minutes, March 11, 1991 - COUNCIL MEETING MINUTES March 11, 1991 TAPE READING 2537 PUBLIC HEARING - LA LINDA'S TORTILLERIA. Mayor Kyser declared the public hearing open at 8: 16 p.m.. Chief Wright reviewed the 1990 calls for service (70 calls) which represents a 23% decrease since 1989. An OLCC Compliance Plan is currently in effect at La Linda's based on last year's original Police Department recommendation to deny the 1990 liquor license renewal. Ed Carbajal, co-owner and manager of La Linda's, stated that of the total calls for service, 36 calls were not even related to the business. The business has hired security personnel in the past, however, they have found that family members, along with 3 other individuals, have done a better job in providing security than the firm they had contracted with earlier last year. He objected to being penalized for calling the police department when they observe illegal activities occurring at other neighboring businesses and to privately owned vehicles. He also stated that his business has a policy relating to restroom checks every 10 minutes to curtail any potential illegal drug activity at his establishment. Tape 2 Des Hanarahan, owner of a business 2 doors south of La Linda's, stated that Mr. Carbajal's attention to outside activity has helped to keep vandalism at a lower level. He also that the owners maintain a clean establishment. The Mayor declared the public hearing closed at 8:29 p.m.. Councilor Steen expressed his opinion that the owners of La Linda's and the Raven Inn have done a good job in managing their businesses. JENNINGS/STEEN.... recommend approval of the 1991 liquor license renewal provided that the OLCC Compliance Plan is in force. The motion passed unanimously. 0142 PUBLIC HEARING - HOME PLATE MARKET. Mayor Kyser declared the public hearing open at 8:32 p.m.. Police Chief Wright reviewed the 1990 calls for service (61 calls) which represented a 44% decrease since 1989. He also stated that a majority of the calls were related to problems occurring outside of the business which was a hang out for local gang members. Janie Schielder, owner of Homeplate Market, stated that she has tried to clean-up the store and the area around it. In addition, the store serves a large number of people and that it needs to sell alcohol to make a profit. She informed the Council that she had brought a large number of his panic individuals to the meeting to testify in her behalf, however, the Council elected to accept their presence as a sign of support rather than hear from numerous individuals. Jilda Ballweber, 395 Smith Drive, stated that she has failed to see the improvements in the store and surrounding area. She also stated that the Page 5 - Council Meeting Minutes, March 11, 1991 - COUNCIL MEETING MINUTES March 11, 1991 TAPE READING sidewalks should be cleaned up regularly. She stated that she did not wish to see individuals lose their business, however, she felt that the owners should take more responsibility to maintain their establishment in a orderly manner. Councilor Sifuentez suggested that a compliance plan be drafted which would include input from the Comeback Campaign Committee and the Downtown Association. The public hearing was declared closed at 8:45 p.m.. JENNINGS/SIFUENTEZ.... recommend approval of the liquor license renewal contingent upon a Compliance Plan to be adopted by the Council. The motion passed unanimously. The Mayor recessed the meeting at 8:48 p.m. and reconvened at 8:53 p.m.. 0617 PUBLIC HEARING - SALE OF GRACE VILLAGE PROPERTY. The Mayor declared the public hearing open at 8:54 p.m.. Administrator Quinn reviewed his memorandum which informed the Council that no bids were received for the purchase of the property. He stated that the State Economic Development Department must grant formal approval of how to dispose of the property if it is done by a method other than a sealed bid process which has already been approved by the State. The hearing was closed at approximately 9:00 p.m.. Following a brief discussion on the issue, JENNINGS/SIFUENTEZ... re-bid the property with the closing date of April 8, 1991, in which sealed bids can be received by the City. The motion passed unanimously. 0800 COUNCIL BILL 1282 - RESOLUTION AUTHORIZING INCREASE IN TRANSIT FUND APPROPRIATIONS DURING FISCAL YEAR 1990-91. Councilor Hagenauer introduced Council Bill 1282. 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 Kyser declared Council Bill 1282 duly passed. 0879 COUNCIL BILL 1283 - ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR PROCESSING LAND USE APPLICATIONS. Council Bill 1283 was introduced by Hagenauer. The two readings of the bill were read by title only. On roll call vote for final passage, Council Bill 1283 passed unanimously. Mayor Kyser declared the bill duly passed with the emergency clause. Page 6 - Council Meeting Minutes, March 11, 1991 - COUNCIL MEETING MINUTES March 11, 1991 TAPE READING 0964 ACCEPTANCE OF BANCROFT BONDING APPLICATION. A bancroft bonding application relating to the improvement of Cleveland Street was submitted by Clay & Susan Lindsey after the initial filing period authorized by State law. JENNINGS/FIGLEY.... accept the bancroft bonding application filed by Clay and Susan Lindsey, tax account #92110-290, for the improvement of Cleveland Street. The motion passed unanimously. 0980 REQUEST FOR STREET CLOSURE AND USE OF AMPLIFIED SOUND SYSTEM. The Woodburn Comeback Campaign Committee is sponsoring a community event on March 16th at the downtown parking lot which includes a visit from Governor Barbara Roberts. JENNINGS/FIGLEy.... approve the application by the Committee for street closure and use of an amplified sound system for the event. The motion passed unanimously. 1005 WORKSHOP RELATING TO WASTEWATER TREATMENT PLANT FACILITIES PLAN. Public Works Director Tiwari suggested that the Council hold a workshop during the month of April to review the preliminary plan. It was the consensus of the Council to hold a workshop at 5:30 pm on April 8th and the public hearing be scheduled for May 6, 1991 at 7:00 p.m.. 1143 WEED ABATEMENT LIENS. The staff report provided the Council with a list of property owners who have failed to pay the abatement fees associated with clearance of obnoxious vegetation. JENNINGS/FIGLEY... establish a public hearing date of April 22, 1991, 7:00 p.m., regarding weed abatement liens. The motion passed unanimously. 1192 CLAIMS FOR THE MONTH OF FEBRUARY 1991. SIFUENTEZ/HAGENAUER.... approve voucher checks #4446-4804 for the month of February 1991. The motion passed unanimously. 1323 EXECUTIVE SESSION. JENNINGS/SIFUENTEZ.... adjourn into executive session under the authority of ORS 192.660 (1)(d). The motion passed unanimously. The Council adjourned into executive session at 9: 18 p.m. and reconvened at 9:35 p.m.. Page 7 - Council Meeting Minutes, March 11, 1991 lIT - COUNCIL MEETING MINUTES March 11. 1991 TAPE READING 1333 Following the executive session, JENNINGS/SIFUENTEZ.... grant permission to the Park Board to investigate the sale of city property adjacent to the high school to the School District. The motion passed 5-1 with Galvin voting nay. 1366 SITE PLAN REVIEW - FURNITURE STORE AT HWY. 99E AND AZTEC. No action was taken by the Council on the site plan. 1384 STAFF REPORT - PROPOSED CONNECTION FEE PAYMENT PLAN FOR MOBILE HOME PARKS. Public Works Director Tiwari distributed a memorandum which provided information on a proposed connection fee payment plan for mobile home parks with potential health hazards to the community. The payment plan would only be made available to owners of established mobile home parks who wish to eliminate septic systems serving 20 or more units. The proposed ordinance would provide for a four or five year payment plan and connection fees would be used for upgrading the wastewater facility or retirement of wastewater bonds. Public Works Director Tiwari also advised that he would be submitting a proposed ordinance to the Council which would include a sewer surcharge which would apply to food processors during the months in which high strength waste is discharged into the system. 1651 Councilor Jennings requested the staff to investigate the length of time in which individuals are residing at the 1-5 RV park since he has received complaints that some people are residing at the park for more than 6 months. 1693 Councilor Sifuentez requested that the staff be more sensitive to the problems within the community. 1752 Mayor Kyser reminded the Council that a public hearing on a proposed motel/hotel tax will be held on March 25. 1991. Discussion was held regarding the distribution of funds received from the proposed tax. It was the consensus of the Council that a majority of the revenues be placed in the General Fund. A limit would also be placed on the revenues forwarded to the Chamber of Commerce for promotion of tourism and 10% be given to the motel/hotel owners to offset their costs in collecting the tax. 1949 Mayor Kyser also informed the Council that Tony Caragol has filed a lawsuit against the City to recover legal expenses relating to the Ethics case. Page 8 - Council Meeting Minutes. March 11. 1991 'ff COUNCIL MEETING MINUTES March 11, 1991 TAPE READING 1967 ADJOURNMENT. The meeting adjourned at 10:00 p.m.. APPROVED :'''.W tV ATTEST ;1(~ ~ Mary Te ant, Deputy Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, March 11, 1991