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Minutes - 04/22/1991 .........100" COUNCIL MEETING MINUTES April 22, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, April 22,1991. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Present Present Present Present Present Present Absent 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. 0020 MINUTES. JENNINGS/FIGLEy.... approve the Council minutes of April 8, 1991 and the special minutes of April 15, 1991; and accept the Woodburn Fire District Board minutes of March 12 and 19, 1991. 0033 Administrator Quinn advised the Council that the City had received a courtesy invoice from United Disposal Service in the amount of $10,350 which represents the cost to dispose of yard debris collected during Spring Clean-up on May 30 and 31, 1991. United Disposal Service has provided this donated service to the City during the past several years. A letter of appreciation will be sent to United Disposal for their continued support of community projects. 0060 A public informational hearing will be held on Monday, May 6th, 7:00 p.m., to receive input from the community on the Wastewater Facilities Plan. 0074 PRESENTATIONS - CLEVELAND STREET CITIZENS COMMITTEE. Certificates of appreciation were awarded to AI sprauer, and Jim McClain for their efforts in working with the affected property owners within the Cleveland Street Page 1 - Council Meeting Minutes, April 22, 1991 '- COUNCIL MEETING MINUTES April 22, 1991 TAPE READING local improvement district. AI Sprauer and Margaret McClain were present to accept the Certificates from Councilor Jennings. 0132 PROCLAMATION - STATEMENT OF PEACE BY BAHAI FAITH OF MARION COUNTY. A representative of the Bahai Faith presented the Mayor and Council with a booklet containing the statement. 0176 LETTER FROM DEPARTMENT OF ENVIRONMENTAL QUALITY. Effective July 1, 1991, the DEQ Noise Control program will be eliminated due to budgetary cutbacks with the passage of Measure 5. Enforcement responsibilities will be transferred to local governments, however, the sound level meter loan program will be continued through DEQ's regional office. 0205 PRESENTATION - MARION COUNTY SOLID WASTE RATE INCREASE. Jim Sears, Marion County Solid Waste Director, provided the Council with an informational packet pertaining to the solid waste rate increase authorized by the County Commissioners effective January 1, 1992. The tipping fee will increase from $55 per Ton to $67 per Ton which equates to an average increase of $.70 per month for a 32 gallon can. Rate increases for operational purposes may also be proposed by the local disposal company in addition to the tipping fee pass- through cost. 0469 Vance Yoder, 885 McKinley, stated that the Woodburn Museum committee will be making a down payment to Robert Sawtelle on June 30, 1991 on the purchase of the buildings which currently house the museum. He requested that the City hold the title for the buildings in order to continue the tax exempt status. Administrator Quinn advised Mr. Yoder and the Council that he had just recently sent a letter to committee member Charlie Piper advising him that the City was willing to accept the title to the buildings. Mayor Kyser stated that the Council will take formal action on the issue at the next regular meeting. 0600 PUBLIC HEARING - ZONE MAP AMENDMENT CASE #90-05. COMPREHENSIVE PLAN MAP AMENDMENT CASE #90-02. AND SITE PLAN REVIEW CASE #90-15. Mayor Kyser declared the public hearing open at 7:22 p.m.. Community Development Director Goeckritz read a statement regarding the proposed amendments as required by state law. He reviewed the staff report relating to the proposed rezoning of approximately 3.22 acres from Single Family Residential (RS) to Public Services District (PS). Page 2 - Council Meeting Minutes, April 22, 1991 -. COUNCIL MEETING MINUTES April 22, 1991 TAPE READING The property, located along E. Cleveland Street, was donated to the City and the Public Works Department proposes to enclose a portion of the property with a site-obscuring chain link fence for storing city materials. The Planning Commission has recommended approval of the amendments with conditions. No one in the audience spoke either for or against the proposed amendments. The public hearing was declared closed at 7:30 p.m.. JENNINGS/ SIFUENTEZ... approve the Planning Commissions recommendation and authorize staff to draft an ordinance with findings of approval. The motion passed unanimously. 0874 APPEAL OF PLANNING COMMISSION CONDITIONS RE: STONEHEDGE APARTMENTS. Mayor Kyser opened the hearing at 7:31 p.m.. Director Goeckritz read the statement required by state law involving land use hearings. He stated that the Planning Commission had approved the building plans for the development, however, they had also required the developer to build an east/west street on the south portion of the property. The appeal before the City Council only involves the street dedication issue. The Council was provided with a complete packet regarding the Planning Commission proceedings and this packet was declared an Exhibit. Since there were no comments from the audience, the hearing was declared closed at 7:38 p.m.. 1101 JENNINGS/FIGLEy.... authorize staff to draft a Resolution which reverses the Planning Commission's decision to build and east/west road along the south property line. The motion passed unanimously. Developer Mike Kelley stated that his firm will begin construction of the apartment complexes within the next two weeks and it is anticipated that all units will be completed by December 1991. 1177 PUBLIC HEARING - WEED ABATEMENT LIENS. Mayor Kyser declared the public hearing open at 7:40 p.m.. Administrator Quinn stated that the property owners had received letters notifying them of the potential lien. Within his memorandum to the Council, he recommended that the following properties be removed from the list: Irenio Garcia, tax #92570-030; John Beardsley, tax #92840-075 & #92840-071; Darwish Idriss, tax #44097-000; and C.W. Bagley, Trustees, tax #92361-071. A letter was also received from Dura-Craft Inc., tax #92361-061, appealing the potential lien citing lack of adequate notice. Page 3 - Council Meeting Minutes, April 22, 1991 - COUNCIL MEETING MINUTES April 22, 1991 TAPE READING JENNINGS/SIFUENTEZ.... remove the following property owners from the list: Irenio Garcia, John Beardsley, Darwish Idriss, C.W. Bagley - Trustees, and Dura- Craft Inc.. The motion passed unanimously. Guenther Lang, At. 1 box 660 Beaverton, objected to the proposed lien on his property located at 1438 Hardcastle, tax #42555-000. He stated that he had contracted with Mr. Paradis to mow the grass in the latter part of May 1990. He also objected to adjacent property owners dumping trash onto his property. Mr. Lang requested that the Council not impose a weed abatement lien and he assured the Council that he would try to provide better upkeep of the property in the future. Administrator Quinn suggested that Mr. Lang post No Trespass signs on his property. In addition, the staff will investigate the problem regarding trash on his property . Attorney Shields read the list, as amended, of outstanding liens into the record. The public hearing was declared closed at 7:54 p.m.. HAGENAUER/SIFUENTEZ... staff draft a Resolution to file the liens on properties for weed abatement. The motion passed unanimously. 1799 COUNCIL BILL 1294 - ORDINANCE RELATING TO THE USE OF PARK AREAS. PROVIDING PENALTIES. AND REPEALING ORDINANCE NO. 1918. Council Bill 1294 was introduced by Hagenauer. The two readings of the bill were read by title only since there were no objections. The staff informed the Council that Section 3 (10) was completed to read lI..the Director or his designee. II On roll call vote for final passage, Council Bill 1294 passed unanimously. Mayor Kyser declared the bill duly passed with the emergency clause. 1929 COUNCIL BILL NO. 1295 - RESOLUTION ENTERING INTO AN AGREEMENT WITH ARCO PRODUCTS FOR INSTALLATION OF A MONITORING WELL ON CITY OWNED PROPERTY. Council Bill 1295 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Public Works Manager Rohman stated that a temporary well would be installed to monitor potential petroleum contamination. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared the bill duly passed. 2033 It was the consensus of the Council to hold a public hearing on Tuesday, May 28, 1991, 7:00 p.m., to discuss the proposed street vacation of a portion of Hayes Street. Page 4 - Council Meeting Minutes, April 22, 1991 - COUNCIL MEETING MINUTES April 22, 1991 TAPE READING 2196 APPROVAL OF CLAIMS. SIFUENTEZ/JENNINGS... approve voucher checks #4632 - 5075 issued in the month of March 1991. The motion passed unanimously. 2256 In regards to the Business Registration program, Mayor Kyser stated that concerns have been raised regarding single home rental units. 2368 Councilor Hagenauer requested that the staff investigate a potential nuisance abatement at 867 Front Street. 2410 Councilor Figley expressed her appreciation to United Disposal Service for their donated services to the City during Spring Clean-up. 2439 Councilor Jennings requested that the Administrator contact Woodburn 1-5 RV park to clarify the Transient Occupancy Tax ordinance language pertaining to the 30 day rule. 2510 ADJOURNMENT. The meeting adjourned at 8:20 p.m.. APPROVED ~ wJ ~ FRED W. KYSER, M ATTEST 11~~ Mary T ant, Deputy Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, April 22, 1991