Minutes - 02/23/2009COUNCIL MEETING MINUTES
FEBRUARY 23, 2009
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, FEBRUARY 23, 2009.
CONVENED. The meeting convened at 7:00 p.m. with Council President McCallum
presiding.
0020 ROLL CALL.
Mayor Figley Absent
Councilor Berkey Present
Councilor Cox Present (7:05 pm)
Councilor Lonergan Absent
Councilor McCallum Present
Councilor Pugh Present
Councilor Schmidt Present
Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Stevens, Community Services Director Row, Public Works Director
Brown, Community Development Director Hendryx, City Recorder Tennant
Council President McCallum stated that Mayor Figley is unable to attend this meeting
since she is on official City business in Washington, D.C..
0089 PROCLAMATION: TULIP FESTIVAL.
Council President McCallum proclaimed March 25 through Apri126, 2009 as
Woodburn's Tulip Festival Month and encouraged Oregonian's to participate and support
this annual event that promotes Woodburn throughout the country.
0245 PRESENTATION: MILL CREEK GREENWAY TRAIL PROJECT UPDATE.
Community Services Director Row provided an update on the Greenway project which
his department has been working on over the last couple of years. He stated that his
project was conceived by the City in the 1960's but it was not until 1999 that a Parks and
Recreation Master Plan was adopted providing a detailed plan for developing a greenway
throughout the City In 2004, a 15-member Greenway Task Force was appointed by the
Mayor to assist in the development of a greenway master plan and a member of the
National Parks Service assisted the City in the development of the plan. At that time, the
City conducted a community survey in which 320 responses were received thereby
assisting the Task Force in recommending a plan that was adopted by the Council in
2006. In 2007, the Recreation and Park Board had established the development of the
first phase of the greenway traillHermansonp1ayground as their first priority of the year.
The City was awarded a $210,000 grant from Oregon State Parks later that year for the
development of this project which included the replacement of playground equipment at
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Hermanson Park I. The playground was replaced in 2008 utilizing a significant number
of volunteers from the Woodburn Academy of International Studies. He stated that the
Recreation and Park Board updates their project priorities annually and, for 2009, they
have established the Mill Creek Greenway Trail project as their #1 park development
priority. He stated that Phase I (known as the South Planning Unit) involves the southern
area of the greenway from Deer Run at the south end to Cleveland Street at the north end
of the project. He stated that recommendations regarding the project include a
multipurpose trail that would have a paved width of 8 to 12 feet, an integrated sign
system, rest stations at 1/4 mile intervals that would include benches and trash cans, and
utilizing developed parks for restroom facilities. The South planning unit consists of
Hermanson Park I, Hermanson Park II, and Hermanson Park III. Potential development
for Hermanson Park I involves playground, picnic facilities, and a playfield. Hermanson
Park II has a potential development as a playfield. The recommendation for Hermanson
Park III, located south of Wilson Street to the south city limits, is to keep this area into a
more natural state with pathways on either side of the creek. The pathway on the east
side would be a primitive walking path and the west side of the creek would be a paved
multiple use path. Around the pond and to the south limits would be walking paths only.
It was also recommended that the pond be deepened, enlarged, and weir installed to
support a fishery and should include a fishing pier and wildlife viewing station. He stated
that the South Planning Unit was determined to be the first phase of this project since the
City owns the vast majority of the property in this project. He stated that his department
has been working very closely with Public Works on this project and in the section where
the trail transitions from the new sidewalk to where it enters Hermanson Park I on
Marshall Street, the Marshall Street culvert replacement project includes the design work
on the trail and staff's plan is to contract for improvements at the same time to save on
expense and make sure that the coordination works out well between the culvert project
and the trail project. The total budget for the project is $465,000 which is made up of
$210,000 from an Oregon Parks grant and $255,000 in Parks system development charges
(SDC's). Project costs include design, playground equipment, wetland mitigation,
permits, and construction. Since the project has not gone out to bid yet, the construction
costs may need to be adjusted. Director Row provided photos from the various project
areas along with design concepts being considered by the Recreation and Park Board to
highlight some of the features that they would like to incorporate in the project. He stated
that staff is working on finalizing the design documents, construction documents, and
finishing up the wetlands permit. It is anticipated that the project will be let out to bid in
a few weeks. It will also take a few months before the permits will be issued, however,
staff is hopeful that construction can begin the first part of July 2009 with anticipated
completion by September 2009.
Councilor Pugh stated that the West Woodburn park is highly utilized and he requested
that, during the budget planning process, funds for the installation of two (2) more
basketball hoops be included in the budget. Additionally, he would like to see a soccer
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field on the south side of the park.
Director Row agreed that Burlingham park is very busy and he will be bringing to the
Council an update to the Parks and Recreation Master Plan which includes a
recommendation for a new park in that area.
Councilor Schmidt stated that 8 years ago in Hermanson Park III, a developer who had
built houses in the area had damaged some wetlands and had come over to Hermanson
Park III to enhance wetlands. This proposed project calls for a pathway to be constructed
that will destroy the enhanced wetlands that were constructed previously. He stated that
last year there were at least 6 hen ducks nesting in that area and questioned what will be
done during the nesting season to protect the ducks from pedestrians and their animals
who will be using the pathway. He also expressed concern about the 12 foot wide paved
pathways since the paved pathways in his neighborhood get very little use. The cost to
have paved pathways for the entire length of the greenway project could be as much as $3
million and he felt that this could be a waste of money.
Director Row stated that this phase of the project does have a lot of wetlands throughout
this sight and around the pond and they stayed out of them as much as possible. A
biologist was on the project team who went out and did soil samples, looked at
vegetation, hydrology of the soils, and delineated the wetlands. Part of the permitting
process is for Division of State Lands (DSL) to come out and look at where the biologist
said the boundaries of the wetlands are and to determine whether or not they agree with
the biologist. This is one of the next steps in this process and if DSL concurs, then the
City will have successfully kept the trail project out of most of the jurisdictional wetlands.
Councilor Schmidt questioned where the $50,000 mitigation project would be located.
Director Row stated that it will be around Brown Street looking to the west and it will
involve some enhancements and creation of new wetlands in that area. He also
mentioned that wetlands in that area around the pond are severely degraded and infested
with reed canary grass. Staff had initially looked at enhancement down in that pond area
but for the mitigation project to be successful, a tremendous amount of work would have
to be done to eradicate that invasive grass. The area west of Brown Street does not have
that same level of invasion and it was determined to be an area that the City could much
more successfully mitigate for with DSL.
Councilor Schmidt disagreed with staff since he is familiar with that ground and there are
still grass issues that are similar to the other area.
Council President McCallum stated that the Task Force had looked at protection for
private homes abutting the area and questioned what impact the paved pathways would
have since the width would accommodate a vehicle even though they are not intended for
motor vehicle use and the impact the paved pathways have on staff to monitor the area.
Director Row stated that they had an open meeting last June on this project and those who
live along and have property adjacent to the trail system have expressed concerns about
security and the impacts on property values. A significant amount of research has been
done on these issues and it has been found that crime in these areas is reduced because the
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area is opened up and it encourages public access. He mentioned that Acting Chief
Blevins had attended the meeting, answered questions and shared with the group that the
Police Department expects to have security concerns reduced by having the trail project
through the greenway. In regards to property values, he stated that a lot of research has
been done that shows that trail systems increase the property values of homeowners that
live along the system since it is considered an amenity and that has an affect on value. He
stated that Terry Bergerson, Park Planner with Oregon State Parks, also spoke at the
meeting to share information on the benefits ofnon-motorized trails, impact on property
values, and reduction in crime.
Council President McCallum questioned if all of the trails meet American with
Disabilities Act (ADA) requirements.
Director Row stated that natural surface pathways do not have to meet ADA requirements
but the paved pathways do and there are enough sections that are ADA accessible for the
public to enjoy.
Councilor Schmidt expressed his disagreement with the Director's comments on security
and cited problems he has seen with graffiti and other criminal activities in the area. He
also expressed concern on the additional cost for the City to maintain the trail system and
the potential loss of a nesting habitat for ducks that was enhanced years ago. He also felt
that the trail system should have a time limit on when it can be used by the public.
Director Row stated that regular park hours will apply to the trail system in the greenway.
Councilor Berkey questioned the distance of the entire length of the trail project and if it
was designed to loop.
Director Row stated that it is 8 miles in length and it runs back and forth with some good
connections to a lot of other primary destinations.
Councilor Schmidt questioned if the State grant is guaranteed for this project.
Director Row stated that the grant is funded through lottery dollars and those funds have
been set aside and allocated to the City as long as the project goes ahead as planned.
Council President McCallum questioned if the Task Force is still in place.
Director Row stated that the Task Force did their work to develop the master plan,
however, many of the members that participated on the Task Force has stayed involved
with the project at the Park and Recreation Board level.
Council President McCallum mentioned that the Ice Age interpretative center at Legion
Park would be a fantastic center if it is ever built. However, it had been originally been
named the Mt. Angel trail and he was noticing that it is now called the Ice Age trail.
Councilor Berkey questioned the specific reasoning for the width of the trails.
Director Row stated that amulti-modal trail has a 12 foot standard for pedestrians and
cyclists going both directions. He stated that the trail will not always be that wide
because of site constraints. In regards to reservable amenities, the trail system does not
have that available but currently the Recreation department does rent picnic shelters at the
other park facilities within the City.
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2886 PRESENTATION: I-5 INTERCHANGE UPDATE.
Terry Cole, Region 2 ODOT Lead Planner, stated that there was a interchange project on
the books back in the early 1990's but it was pulled due to funding issues at that time.
Since then Woodburn adopted their first Transportation Plan in1996 and it was formally
acknowledged that improvements to the interchange were necessary. Alternatives were
discussed at that time which included the possibility of another interchange somewhere in
north Marion County. In 2000, the I-5 Interchange refinement plan to the Woodburn
Transportation System Plan was completed by CH2M Hill and determined which
approach, or if there was another approach other than what was suggested in the 1996
Transportation System Plan, would be the best way to proceed to address the interchange
congestion. The conclusion at that time was to fix the existing interchange since it could
be improved to provide a fairly long period of service to the community and adding
another interchange would not resolve the problems at the existing interchange because of
all of the demand that has grown up around that existing interchange. Around 2001, the
City began an extensive process to update the Comprehensive plan and update the
Transportation System Plan and it was decided to bring forward a full package that would
include the findings of the refinement package. The City adopted an updated
Transportation System Plan, Comprehensive Plan, and Woodburn Development
Ordinance in 2005. An environmental assessment was completed in 2005 and numerous
alternatives were considered with the configuration resulting in a combination of a partial
Cloverleaf A with a modified widen north which would keep the widening of the street as
far to the north as possible due to the amount of developed property on the south side. In
2006, the interchange area management plan was adopted and the revised environmental
assessment document was adopted which was submitted to the Federal Highway
Administration in order to get a Finding of No Significant Impact (FONSI) which was
granted in December 2006. Receipt of the FONSI authorizes the project to move forward
and allow for expenditure of federal funds for right of way purchase and preliminary and
final design. As of this date, the biggest obstacle remains with finding the construction
money to follow through with the construction project. It was noted that some action
needs to be taken on the project about every three years otherwise ODOT needs to go
back and validate the project in order to keep the environmental assessment active. On
the east side of the interchange, the stakeholder group wanted to minimize impact on
existing businesses and residents, and try and minimize the impact through refining the
design as ODOT moved into the final design process. Currently, the Transportation Plan
and Interchange Area Management Plan include the following implementing actions: 1)
Park and Ride development; 2) right-of--way acquisition as funding becomes available; 3)
interchange preliminary and final design; 4) interchange construction; 5} development
review activities in conjunction with the Interchange Area Management Plan; 6} Trip
overlay budget for monitoring purposes; and 7) periodic assessment of the Interchange
Area Management Plan.
Allan Fox, ODOT Project Leader, stated that the I-5 interchange project limits are from
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Woodland Ave to Broughton Way. He reviewed his responsibilities on this project which
includes managing the scope of the project, schedule, budget, quality of the improvement,
risks involved in the project, leading the project team which consists of 10-15 engineers
to get to a completed set of plans, and to lead the public involvement process. The
Project Development team will develop the concept, the design acceptance package,
public involvement, and look at private development as it occurs. The City will be a
functioning member of the Project Development Team and they will also participate with
ODOT on project and private development reviews. He provided an overview of the
project development process and stated that ODOT is currently working on surveying,
mapping, and some environmental assessment work with the next step being to go
through an approved design which is where it will end until the project is funded. The
objective at this time is to improve connectivity by designing a fully improved
interchange, design a fully improved a Park and Ride facility, connect Evergreen Road
with Country Club Court, address aesthetic issues regarding the gateway location of the
project through interchange design and city development code, stakeholder involvement
on aesthetic treatment of the interchange project and a traffic control plan during
construction, and completion of a design acceptance package. He reviewed the design
acceptance package elements which include (1) interchange and layout sheets; (2) a
complete footprint for future right-of--way acquisition; (3) obtaining design exceptions,
concurrences, and access management deviations impacting the footprint; (4) roadside
development preliminary concept involving landscaping and water quality control
plantings; (5) offsite material source decisions; (6) traffic mitigation; (7) construction
staging plan; (8) completion of intergovernmental agreements on how the project will
proceed; (9) engineering disciplines will address all local concerns raised; and (10) public
involvement phase dealing with the aesthetic treatment and traffic control plan. He stated
that there is a high level of Oregon Transportation Commission interest in this project due
in part to the City's efforts, the high priority of the project, and their interest in the Park
and Ride facility. The City's contribution to this project will be $8 million with the
City's contribution to date being $2.5 million. Risks involved at this time include private
development on both sides of Evergreen Road and redevelopment of other quadrants,
escalating land values, unknown utility relocations, potential wetlands, and the
topography in some of the quadrants which may cause drainage issues. He stated that
ODOT will be having a public meeting on the Transit Facility in addition to some internal
project meetings later this year. He stated that he would be back next month to provide
more information to the Council on the widening of Highway 214 from Broughton Way
to Park Avenue.
Administrator Derickson questioned the status of the Highway 99E project.
Mr. Fox stated that he is unable to give much information on that project since it is being
handled by another project manager.
Councilor Cox expressed his appreciation to Mr. Fox for coming to the Council meetings
to share information on what is happening, what will likely happen, and the general time
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frame as the project moves forward.
6346 Councilor Schmidt expressed concerned with Highway 214 traffic congestion especially
with two schools located on that roadway and expressed his desire to see a second
interchange at either Crosby Road or Butteville Road.
Terry Cole stated that Marion County is still very interested in getting another
interchange, however, improvement to the I-5 interchange needs to get done first
followed by Highway 214 widening improvements to Park Ave. Once completed, ODOT
can start looking at a second interchange.
Tape 2
0045 Ian Niktab stated that he and Gabriel Frame (both Woodburn School District educators)
would like to create a demonstration garden plot in a downtown Woodburn site on the
corner of First and Cleveland Street which is owned by the City. Stakeholders on the
project also include Marion Polk Food Share and Farmworker Housing Development
Corp (FHDC). He stated that they would like to come back at the next Council meeting
to go into more detail on their proposal.
Council President McCallum stated that the project does sound interesting since it
involves students in a community service project but suggested that his group first work
with Administrator Derickson to discuss the proposal.
Administrator Derickson requested that Mr. Niktab contact him for an appointment at
which time they will talk about the proposal, look at the site, and discuss what the City's
opportunity is for that project.
Councilor Cox stated that the City did have a community garden over by the Armory for
many years but it was abandoned about 3 or 4 years ago. It was his understanding that
there were a lot of problems associated with the gardens and the staff felt that it was best
not to continue the program. He expressed his opinion that there could be advantages to
that type of program but there is also potential for abuse so it has to be properly
administered and operated. He stated that if their organization can put something
together that would address the problems from the past and how it will be handled in the
future, then he would be in support of the project.
Councilor Schmidt stated that he is in favor of a community garden and suggested that
other vacant property owned by the City which has good rich soil be considered for this
type of project.
Mr. Niktab stated this. would be a managed maintained plot rather than a traditional
community garden where multiple families come in to garden.
0525 CONSENT AGENDA.
A) approve the City Council minutes of February 9, 2009;
B) approve the Recreation and Park Board minutes of February 10, 2009;
C) accept the Community Services Statistics Report for January 2009; and
D) accept Building Activity Report for January 2009.
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COX/PUGH..... adopt the Consent Agenda as presented.
The motion passed unanimously.
0569 COUNCIL BILL NO. 2764 -RESOLUTION APPROVING THE APPLICATION
IN CONDITIONAL USE CASE CU 2008-01, ADOPTING FINDINGS IN
SUPPORT OF SAID APPEAL, AND DENYING THE APPEAL OF SAID CASE.
Council Bill No. 2764 was introduced by Councilor Schmidt. 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. Council President McCallum declared
Council Bill No. 2764 duly passed.
0630 CITY ADMINISTRATOR'SREPQRT.
Administrator Derickson stated that he had no additional information to share with the
Council at this meeting.
0660 MAYOR AND COUNCIL REPORTS.
Council President McCallum stated that the Marion County District Attorney and Marion
County Sheriff were putting on a training session this evening on "Use of Armed Force"
that several Councilors had expressed an interest in attending but it conflicted with
tonight's meeting. According to District Attorney Beglau, this training is being video-
taped so interested Councilors can view the session and Attorney Beglau stated he would
try to keep any follow-up sessions on days other than the second and fourth Mondays of
each month. It was noted that Acting Chief Blevins is not in attendance at this meeting
since he is participating as one of the staff members of that particular activity.
Council President McCallum reminded the public that March 14`" is the City Chamber
Woodburn Proud Clean-up which will begin at 9:00 am. This event will give Woodburn
a good spruce up for Tulip Festival which begins March 25`h. He also thanked Woodburn
Proud for all the blue ribbons around town since it really does a lot to promote the City's
togetherness.
0811 EXECUTIVE SESSION.
Council President McCallum entertained a motion to adjourn into executive session
under the authority of ORS 192.660(2)(e) to conduct deliberations with persons
designated by the governing body to negotiate real property transactions.
COX/PUGH..... adjourn into executive session under the statutory authority cited by the
Mayor. The motion passed unanimously.
The meeting adjourned into executive session at 8:43 p.m. and reconvened at 9:20 p.m..
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Council President McCallum stated that no decisions were made by the Council while in
executive session.
0869 ADJOURNMENT.
PUGH/BERKEY.... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:21 p.m..
ATTEST ~' f`-r`~-~-r--
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 9 -Council Meeting Minutes, February 23, 2009
Executive Session
COUNCIL MEETING MINUTES
February 23, 2009
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, FEBRUARY 23, 2009.
CONVENED. The Council met in executive session at 8:50 p.m. with Council President
McCallum presiding.
ROLL CALL.
Mayor Figley Absent
Councilor Berkey Present
Councilor Cox Present
Councilor Lonergan Absent
Councilor McCallum Present
Councilor Pugh Present
Councilor Schmidt Present
Staff Present: City Administrator Derickson, City Attorney Shields, Community Services Director
Row, City Recorder Tennant
Also Present: John Gervais, Woodburn Independent
Council President McCallum reminded the Councilors, staff, and press that information discussed in
executive session is not to be discussed with the public.
The executive session was called to conduct deliberations with persons designated by the governing
body to negotiate real property transactions pursuant to ORS 192.660(2)(e).
ADJOURNMENT.
The executive session adjourned at 9:18 p.m..
APPRO
ATTEST
Mary T pant, Recorder
City of Woodburn, Oregon
Page 1 -Executive Session, Council Meeting Minutes, February 23, 2009