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Minutes - 03/28/1994 TAPE READING 0001 0010 0023 0042 0080 0115 - COUNCIL MEETING MINUTES March 28, 1994 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF HARION, STATE OF OREGON, HARCH 28, 1994. CONVENED. The council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present 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, Public Works Manager Rohman, Park Director Holly, Library Director Sprauer, 9-1-1 Communications Manager Wolf, City Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the council workshop minutes of January 19, 1994, the regular and executive session minutes of February 28 and March 14, 1994; accept the Planning Commission minutes of March 10, 1994 and the Park Board minutes of February 17, 1994. The motion passed unanimously. APPOINTMENTS. Mayor Kelley recommended the reappointment of the following individuals to the RSVP Advisory Council: Beverly Bettis, Adele Dioda, Marilyn Kauffman, and Dalia Torres. JENNINGS/SIFUENTEZ.... appointments as recommended by approved. The motion passed unanimously. ANNOUNCEMENTS. The Transportation Task Force will meet on March 30, 1994, 7:00 p.m., at Woodburn City Hall. The Wastewater Advisory Committee will be meeting on Tuesday, April 5, 1994, 7:00 p.m., at City Hall. Councilor Mitchell encouraged citizen input and advised the public that the Committee will start making more definitive decisions which will eventually be recommended to the Council. A packet of information is being prepared to keep citizens informed on the Committee's progress. CHAMBER OF COMMERCE REPORT. Doug Templeton, Chamber representative, reminded the Council of the Chamber's on-going Greeter's program in which Chamber Page 1 - council Meeting Minutes, March 28, 1994 ~ TAPE READING 0168 0355 0449 0465 .,..-.... -...... COUNCIL MEETING MINUTES March 28, 1994 members visit different businesses every Friday morning. In addition, the Chamber's annual Casino Night will be held on April 22, 1994 at the Woodburn Fire station. Betty stuchlik, 938 Oregon Way, requested that a land use appeal form be provided by the Planning Department to insure compliance with the appeal provision within the zoning ordinance. She also stated that the map which was attached to the public hearing notice was not correct. community Development Director Goeckritz stated that he had spoke with Mrs. Stuchlik earlier in the day and recommended that she submit a letter to identify the concerns, date it, sign it, and file it with the City within 10 days of the Planning Commission's decision. The map did contain correct information, however, it did not specifically cite the location of where the structure would be on the property. He advised her earlier that staff would send out another notice that would specifically clarify where the structure would be located on that commercially zoned property. Councilor Mitchell suggested that a verbal notice is sufficient to start the appeals process, and if not, the city should be providing an appeal form. Attorney Shields stated that the appeal needs to be done in writing within the 10 day window period. Once the appeal is filed, the matter would be set for a hearing before the Council. He offered his assistance to Mrs. Stuchlik in providing necessary information as to what is to be included in the letter of appeal. Barbara Lucas, 214 Clackamas CI., reiterated her concerns expressed during the budget meetings that the Planning Department needs more personnel to keep up with land use issues. She reminded the Council that the Budget Committee had passed a motion to recommend the increase of planning fees for funding more planning personnel so that the public can be served as well as the developers. Virginia Hunt, 781 Oregon Way, requested that the statesman- Journal newspaper resume publication of the Council meeting agendas so that the local citizens know when a meeting will be held and the topics of discussion. In regards to the appeal of the Planning commission's decision on the Sandwich Express, Betty Stuchlik wanted to clarify that a request was made by the Senior Estates Neighborhood Association for a continuance of the public hearing on the proposed development at the intersection of Highway 214/Country Club Rd/Oregon Way, however, the Planning Commission denied the request and closed the hearing. Therefore, SENA is considering an appeal before the Council of the Commission's decision. Page 2 - Council Meeting Minutes, March 28, 1994 .....-- '", lr TAPE READING 0489 0744 0939 -- -- COUNCIL MEETING MINUTES March 28, 1994 Gary Conger, 489 Joyce, stated that he has a basketball hoop in front of his home which has been a topic of discussion at prior Council meetings, however, he has an angry neighbor who continues to complain about the children playing in the area. In addition, he received a citation from Code Enforcement that day for abandoning his vehicle in the public right-of-way based on a complaint from the same neighbor even though it has only been there for two days and he is trying to install a new transmission in the vehicle. He stated that, in his opinion, he was being singled out because of an angry neighbor while no other neighbor on their street is being treated the same as he is even though they regularly repair their vehicles on the roadway and their children play unattended in the street. councilor Jennings stated that he understands that a neighborhood problem exists, however, the safety of the children is his argument on removing the basketball hoops. He reiterated that it is illegal to block traffic and the basketball hoop is on City right-of-way and children are playing in the street. The Council is looking at an ordinance that would effect all residents and it is estimated that there are 50 to 60 basketball hoops within the right-of-way at this time. councilor Mitchell encouraged the individuals within the neighborhood to work towards a Neighbor to Neighbor program to solve this type of problem. Mayor Kelley stated that he had visited with the Conger's and he agreed that it was a small street. He also suggested that the neighbors try to work their problems out before coming to the Council. Shirley Mixell stated that if a Neighborhood Association is created, this type of problem would not be aired out at a Council meeting. Neighborhood Associations have been accepted in other communities and works very well. She again asked the Council to reconsider the issue of recognizing neighborhood associations either at this meeting or the next. She stated that SENA (Senior Estates Neighborhood Association) is licensed by the State of Oregon but has not been formally acknowledged by the city and she questioned the Council as to why they are refusing to acknowledge their association. MITCHELL/ ... SENA is willing to assist the Council in establishing neighborhood associations, willing to give up their talents, and the City should either recognize them or should tell them that we do not want any part of their association. The motion died for lack of a second. During a discussion period on this subject, Councilor Figley stated that she had requested information last fall on this issue since she did not want to make a decision until she knew more about neighborhood associations and their purpose. She suggested that the Council discuss this issue in more detail at the next meeting or following meeting. She is concern Page 3 - Council Meeting Minutes, March 28, 1994 ... TAPE READING 1643 1688 1762 -- '""" COUNCIL MEETING MINUTES March 28, 1994 about the rights that are extended to the association versus the average citizen. other areas of concern were raised regarding on the lapse of time since the last discussion on this issue was held, the boundaries of SENA and representation of individuals within the boundaries, and the need for more information on the neighborhood association concept so all Councilors will make an informed decision on this issue. shirley Mixell stated that the by-laws have been filed with the city and once accepted by the city, the association must file reports on your intentions or action taken. She suggested that the staff give the Council the information she had previously provided the city. She also reiterated that SENA is not trying to control the residents of Senior Estates, however, they are giving interested residents within the boundaries information of what is happening prior to any final action being taken. As an neighborhood association, they are not taking away the city's authority. Mayor Kelley suggested that a workshop be scheduled and the public be invited to share information on this issue. Administrator Childs suggested that the a staff report be prepared on general groundrules about neighborhood associations and then discussion with neighbors or a workshop be held prior to a final decision being made by the Council. Mrs. Mixell stated that Salem's community Development Department has offered their assistance in meeting with the City to discuss neighborhood associations. Community Development Director Goeckritz provided a brief history of events which have taken before the Planning Commission regarding SENA. He also stated that larger cities such as Salem and Portland have good neighborhood association programs in place, however, they provide staff members specifically for this purpose. The primary focus at this time by SENA has been on planning and growth issues. Mrs. Stuchlik stated that planning issues are a priority since they live in an area where so much development is going on and it is almost destroying their residential area. As a neighborhood association, their intent is to work with the City and developers. Mrs. Conger, 581 Joyce, objected to the Council's consideration of removing all basketball hoops in the public right-of-way since there are there are very few residential (neighborhood) playground areas available within the City. COUNCIL BILL 1531 - ORDINANCE AUTHORIZING THE TOWING AND IMPOUNDMENT OF VEHICLES OPERATED BY UNINSURED MOTORISTS. Council Bill 1531 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. Councilor Jennings questioned why the proposed ordinance did Page 4 - Council Meeting Minutes, March 28, 1994 ... TAPE READING 1955 1993 2035 2089 - ,.,... COUNCIL MEETING MINUTES March 28, 1994 not include citations issued for No operator's License, or Driving While Under the Influence of Intoxicants (DUII). Police Chief wright stated that the ordinance is patterned after state law which speaks about uninsured motorists. He encouraged the Council to try this ordinance first and then review it at a later date. If passed, notices will be distributed throughout the City to advise motorists of the law which would become effective April 27, 1994. On roll call vote for final passage, Council Bill 1531 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1532 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON FOR SAFETY BELT. MOTORCYCLE HELMET AND CHILD SAFETY RESTRAINT TRAFFIC ENFORCEMENT TRAINING. Council Bill 1532 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 1532 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1533 - RESOLUTION ENTERING INTO AN AGREEMENT WITH RFA. INC. AS FINANCIAL ADVISOR TO ASSIST WITH THE SWIMMING POOL BOND SALE. Council Bill 1533 was introduced by Hagenauer. The bill was read by title only since there were no objections by the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1533 duly passed. COUNCIL BILL 1534 - RESOLUTION SETTING A PUBLIC HEARING ON THE QUESTION OF WHETHER A CERTAIN PORTION OF COUNTRY CLUB ROAD NEAR THE BOONES FERRY RD. INTERSECTION AND WITHIN TUKWILA SUBDIVISION SHOULD BE VACATED. Councilor Hagenauer introduced Council Bill 1534. 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 the bill duly passed. The public hearing will be held before the Council on April 25,1994. ACCEPTANCE OF QUIT CLAIM DEED. Public Works Director Tiwari stated that the quit claim deed is approximately 30 feet wide along the north property line and south of Wilson Court. The additional property will allow for the widening of that portion of Wilson Court. JENNINGS/FIGLEY... accept the quit claim deed signed by property owners Norman and Mildred Toepfer. The motion passed unanimously. Page 5 - Council Meeting Minutes, March 28, 1994 '1 '!IT' TAPE READING 2186 2206 2233 2366 2391 2475 ,-- ..... COUNCIL MEETING MINUTES March 28, 1994 STREET CLOSURE AND SOUND AMPLIFICATION REOUEST. pineros y Campesinos Unidos del Noroeste (P.C.U.N.) has requested a partial street closure of B and Broadway street and permission to use sound amplification equipment on Thursday, April 28th, from 5:00 pm to 9:30 pm for the purpose of holding a special ceremony to dedicate their building at 300 Young street. Administrator Childs recommended that the request be granted. SIFUENTEZ/FIGLEy.... request by P.C.U.N. to partially close B and Broadway street and to use sound amplification equipment be granted. MILEAGE REIMBURSEMENT RATE INCREASE. Administrator Childs recommended that the mileage reimbursement rate be increased from $.20 per mile to $.25 per mile effective April 1, 1994. This change would apply to all City employees who use their personal car for travel on official city business. In addition, the mileage reimbursement rate for Dial-a-Ride and RSVP volunteers would increase from $.24 to $.25 per mile. JENNINGS/FIGLEy.... move that the mileage reimbursement rate be $.25 per mile effective April 1, 1994. The motion passed unanimously. SCHOOL DISTRICT REOUEST FOR WORKSHOP. The School District Board of Directors has requested to meet with the Mayor and Council in a workshop session to discuss issues of mutual concern. It was the consensus of the Council to meet on April 13, 1994, 7:00 p.m., at Woodburn City Hall. REOUEST FOR WORKSHOP WITH WASTEWATER ADVISORY COMMITTEE. It was the consensus of the Council to hold a workshop with the Advisory Committee on Tuesday, April 19th, 7:00 p.m., in the City Hall Council Chambers to review options with City staff and CH2M Hill engineers. Preston Tack, 2197 Camilla Way, questioned the status of petitions signed by many Senior Estates residents requesting that the city grant senior Estates "safe haven" status. STAFF REPORTS. 1) Emergency Disaster Plan Update -- The staff is close to having a new disaster plan put together, however, there is insufficient time available to complete the plan prior to the state-wide "Quake X" exercise in April. Once the plan and departmental training is completed, the City, Fire District, and Marion County Emergency Services will participate in a joint local mock disaster exercise which will probably be held in late summer or early fall. Page 6 - Council Meeting Minutes, March 28, 1994 If TAPE READING 2645 2696 2732 2854 2897 2951 "'""" COUNCIL MEETING MINUTES March 28, 1994 2) League of Oregon cities regional meeting dates. 3) Household Hazardous Waste Collection Event to be held this summer. 4) summary report on Sunday Library Hours. 5) Memo regarding Building Official's responsibilities. 6) Unofficial election results from swimming Pool Bond issue -- 2,015 yes votes and 1,762 no votes Councilor Galvin stated that the trees abutting Barclay Square Apartments along Stacy Allison Way are growing nicely, however, he questioned if a decision had ever been made regarding the upkeep of the trees located along the border and on city property. Staff will review the agreement and report back to the council. Councilor Sifuentez thanked city residents for their approval of the swimming pool bond issue. She stated that the Pool Committee will continue to sell tiles and hold various fundraisers to help offset the costs. Councilor Jennings stated that there is a large volume of traffic using the private driveway area next to the Thomas's on Rainier Road. He had observed that the bulk of the traffic using the private property to cut across to Rainier Rd. came from Oregon Way. In addition, there is a signal on the south side of the intersection which leads people to believe that the private property is a public roadway. He encouraged Public Works staff to discuss the problem with the property owners (Baker & Brown) to barricade the Hwy. 214 and Rainier Rd entrance and to work with the State to block off the signal. Councilor Figley agreed that a definite problem exists at the Oregon Way intersection and a solution should be found to the problem as soon as possible. She also thanked the community for their approval of the swimming pool bond issue. Councilor Mitchell questioned the status of installation of street lights along Stacy Allison Way. Public Works Director Tiwari stated that there will be some street lights in the area after it is developed. He will check into the status of the installation and report back to the Council. city Administrator Childs commended the st. Patrick's Day Parade Committee for a well-organized community event. He also thanked City employees Leonard and Betty Van Valkenberg, Julie Moore, Karen Halter, and Randy Scott for volunteering their time to pick up the traffic cones at the conclusion of the parade. Page 7 - Council Meeting Minutes, March 28, 1994 " 1Ir TAPE READING 3033 3064 - "..."... COUNCIL MEETING MINUTES March 28, 1994 Mayor Kelley stated that he has only heard positive comments on the parade and he thanked the everyone who participated including the City employees who picked up the traffic cones at the end of the parade. EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660 (1) (e) . The motion passed unanimously. The Council adjourned to executive session at 8:27 p.m. and reconvened the meeting at 9:11 p.m.. Following the executive session, the Mayor stated that the Council would not be taking any action on the issue discussed. ADJOURNMENT. JENNINGS/FIGLEy.... adjourn the Council meeting. The motion passed unanimously. The meeting adjourned at 9:12 p.m.. APPROVED~ ~ L N KEL EY, YOR ATTEST ~ ~ Mary T~nant, Recorder city of Woodburn, Oregon Page 8 - Council Meeting Minutes, March 28, 1994 '.. 'III"