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Minutes - 02/23/2009COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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 Page 1 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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 Page 2 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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 Page 3 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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. Page 4 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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 Page 5 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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 Page 6 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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. Page 7 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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.. Page 8 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 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