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Minutes - 04/27/2009COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 27, 2009. CONVENED. The meeting convened at 7:05 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Stevens, Acting Police Captain Alexander, Public Works Director Brown, Community Development Director Hendryx, City Recorder Tennant 0056 APPOINTMENT: STAKEHOLDER'S WORKING GROUP FOR HIGHWAY 214 ENVIRONMENTAL ASSESSMENT. Mayor Figley appointed the following individuals to serve on the Stakeholder's Working Group: Pete McCallum (Councilor Ward 3), Jim Cox (Councilor Ward 4), Brad Hutchinson (Planning Commissioner), Paul Iverson (Woodburn Fire District), Chief Blevins /Officer Mike Araiza (Woodburn Police Department), Eric Swenson (Principal French Prairie Middle School), Kristy Olsen (Brice Corporation), and Jessy Olson /Jerry Ambris (Farmworker Housing Development Corporation). Councilor Schmidt stated that the City is not responsible for the requirement of an environmental assessment which costs approximately $800,000. Public Works Director Brown explained that the assessment would cost approximately $653,000 and $700,000 has already been budgeted. The City and ODOT entered into an intergovernmental agreement in which ODOT is responsible for $550,000 and the City is responsible for $200,000. Councilor Pugh stated that ODOT has a right to defend their state highways. Councilor Cox addressed Councilor Schmidt's concern about the environmental impact study and agreed that the cost may be unnecessary. However, he stated that the public input from the stakeholders working group was worth the cost of the assessment. Councilor Schmidt agreed that public input is important but believes that the study is expensive and would rather put it into construction costs. PUGH/LONERGAN... approve the appointments. The motion passed unanimously. Page 1 -Council Meeting Minutes, Apri127, 2009 COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING 0306 PROCLAMATION -NATIONAL WATER SAFETY MONTH. T Mayor Figley read a proclamation declaring the month of May 2009 as National Water Safety Month within the City. PROCLAMATION: OREGON COMMISSION ON HISPANIC AFFAIRS. Jose Ibarra, Chair of on Hispanic Affairs, read a resolution on behalf of the Oregon Commission of Hispanic Affairs honoring Woodburn Police Captain Tom Tennant, Oregon State Police Senior Trooper William Hakim, and Woodburn Police Chief Scott Russell for their many years of service and extending condolences to their families. 0583 PRESENTATION: BUSINESS ASSISTANCE PROGRAM. Community Development Director Hendryx presented an overview of the City's housing rehabilitation program from the late 1980's through 1990's. Funds were received through the Community Development Block Grant Program and provided zero to low-interest loans to citizens of eighty percent of median income. Funds that are repaid are divided into two categories, restricted ($453,000) and unrestricted ($221,000). Restricted income are funds received after 1993 that must be put back into a housing rehabilitation program. Unrestricted income are funds received before 1993 that can be used in any way the City chooses. The City is proposing to enter into an agreement with the Mid-Willamette Valley Council of Governments (COG) to manage the housing rehabilitation program. Administrator Derickson explained that there had been a rule change several years ago that requires housing rehabilitation programs to work with a regional organization. COG serves as Marion County's administering organization. Community Development Director Hendryx explained the City's outstanding funds and the current restricted and unrestricted funds. Currently, the City has approximately $220,000 in unrestricted funds that it can use for any purpose it chooses. Staff has proposed using the unrestricted funds for a sustainable program that generates reoccurring revenue, such as Business Assistance Grants for any local businesses, downtown businesses revitalization, storefront improvement grants and loans, business incubator loans, or grants and loans for Business Plan Development. Councilor McCallum asked if Woodburn businesses would have to compete with other businesses outside of the City for the City's unrestricted funds if it entered into an agreement with COG. Community Development Director Hendryx explained that the program funded by unrestricted income would be for Woodburn-only businesses. Councilor Cox asked that if the City would set the criteria for the loan program if COG is the administrator. Community Development Director Hendryx explained that the City would set up criteria and COG and local lenders would determine who would receive the funds. Administrator Derickson stated that COG is an economic development organization with access to other financial sources that they may be able to supplement our program and Page 2 -Council Meeting Minutes, April 27, 2009 COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING leverage private resources into loan or grant packages for local businesses. City Council would establish the criteria for the program. Councilor Cox inquired of role of the lending institution. Administrator Derickson explained that the resources would allow viable businesses the opportunity to receive more traditional loans by leveraging private funds. Councilor Pugh stated that the City had a housing program in early 1990's that was very successful and he is in support of this program. Councilor McCallum asked if lending institutions would be restricted. Community Development Director Hendryx stated that the program would be open to any bank. The lending institutions would work with COG to create lending packages for the program and the funds would be used to bridge whatever is necessary to receive the traditional packages. Councilor Cox asked if the policy decision should only be directed towards business assistance. Administrator Derickson stated that the City has also proposed that approximately $420,000 would be put towards housing rehabilitation administered by COG. The City will also ask COG to apply fora $500,000 block grant. Mayor Figley stated that reinvestment is important and allows money to re-circulate within the business community. Administrator Derickson stated that the purpose of the presentation was to inform Council of staff s proposal. 3572 PRESENTATION: OREGON HIGHWAY 214 BROUGHTON WAY TO PARK WIDENING. Allen Fox, ODOT, began his presentation on Highway 214 to be followed by a quarterly presentation. Mr. Fox introduced his colleagues Michael Morales, Environmental Project Manager with ODOT, and John Stutesman, Consultant Project Manager. He gave an overview of the project and the Environmental Assessment for the widening of Highway 214 and explained that because it was a borderline project with minimal environmental impact, the City would not need an Environmental Impact Statement which is more detailed. He stated that the Environmental Assessment and Stakeholders Working Group would be used as the planning foundation for the project. There are several key issues that ODOT has identified: a crosswalk near the police facility addressed in an intergovernmental agreement that will require Woodburn to pay for the construction and maintenance costs, an archeological site and wetlands area, a possible impact to parks or public space at school sites that ODOT will mitigate with the school district, a potential new traffic signal at Fifth Street that will be readdressed as a long range project plan and Access Management Plan, and noise issues with residences living in Senior Estates near Broughton Way. ODOT is currently attempting to incorporate a crosswalk with pedestrian activated warning signal near in the police station into the advanced plans of the Sidewalk Project. Page 3 -Council Meeting Minutes, Apri127, 2009 COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING Public Works Director Brown stated that the Sidewalk Project is delayed until right-of- way is obtained from Union Pacific Railroad but may begin late summer. Allen Fox stated that he had attended a meeting with principals in the project and they are hopeful to begin construction on the crosswalk this fall. He reviewed the major phases and timeframe of the project which included project planning, technical reports, meetings with the Project Development Team for a preferred alternative, proposal to the regional manager for final decision, and a public hearing. David Evans, the project consultant, and a Stakeholder's Working Group will identify issues and represent the public. There will also be open-house style meetings for public input. 5852 PRESENTATION: OREGON HIGHWAY 214 CROSSWALK AT PARK AVENUE. Public Works Director Brown stated that the negotiation for the project was in process when testimony was taken at the prior meeting and he is glad that ODOT has agreed to a pedestrian activated, yellow flashing signal at a crosswalk at Park Avenue. 1845 PRESENTATION• HIGHWAY 99E RESURFACING PROJECT (Aurora to Salem Pavin ^ Tony Snyder, Consultant Project Manager with ODOT. Mr: Snyder stated that ODOT had originally scheduled resurfacing construction on Highway 99E in 2007 but a perceived pedestrian safety problem slowed the project and ODOT funds were redirected. He stated that since the time of the original paving plan, there had been a court case in Bend, Oregon that required ADA replacement ramps with major paving projects. There would be eighty required ADA ramps between Salem and Aurora. The project has been broken into two phases-Phase I would include pavement and bid would begin May14, 2009 and Phase II would include the Young Street intersection with construction expected in summer of 2011, dependent on right-of--way acquisition. The project will begin in Aurora and end in Salem just south of Lancaster with five no-pave areas. The Young Street intersection area has been selected as a no-pave area since it is included in the Phase II for the improvement project. During the project the contractor will grind out and replace the old pavement, although it is unclear whether they will begin in the north or south. Construction for Phase I is scheduled for July to September 2009. There was discussion amongst Council and Mr. Snyder in regards to the ADA ramp requirements. Councilor McCallum stated that he has heard concern over projects that are delayed shortly after they begin and questioned whether or not the contract would hold the contractor responsible for a set start date. Tony Snyder stated that the contract allows the contractor one construction season to complete the project. He stated that he expects the contractor to be on the project consistently since they will have fifteen miles to resurface and if they go over the allotted time to complete the project they would have to pay liquidated damages. Page 4 -Council Meeting Minutes, April 27, 2009 COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING Councilor McCallum asked what procedures would be used to inform businesses of the project and the construction timeframe. Tony Snyder stated that their plan is to review the paving schedule and inform local municipalities of the schedule. They will try to have an article printed in the local paper and will work with the City to inform the businesses and homes along Highway 99E within the City. This project does not include any landscape or sidewalks but Phase II could include these items if the City would like to contribute. 3425 Community Development Director Hendryx stated that the City has applied for a TGM grant with ODOT that would focus on the appearance of Highway 99E. Tony Snyder stated that a number of communities have piggybacked onto ODOT projects and suggested the City look into performing their own project at the same time as ODOT which may be less restrictive and expensive. 6083 COMMUNICATIONS. Correspondence was received by Ms. Linda Mayer and Kathi Goodstein regarding the Master Plan and the Greenway Project for further review at the following hearing. 6230 BUSINESS FROM THE PUBLIC. Al Sprauer, 245 Marshall St, Woodburn, OR 97071. Mr. Sprauer asked whether or not the pathway on Marshall Street would be discussed at the meeting. Mayor Figley stated that the hearing would be continued until the following meeting where he could testify. Administrator Derickson stated that he would also be willing to meet or talk over the phone to answer any questions he may have. 6460 CONSENT AGENDA. A) Approve the Council meeting minutes of April 13, 2009; B) Approve the Planning Commission minutes of February 26, 2009; C) Approve the Planning Commission minutes of Mach 12, 2009; D) Approve the Park and Recreation Board minutes of April 14, 2009; E) Accept the Building Activity Report for March 2009; F) Accept the Planning Project Tracking Sheet dated Apri120, 2009; G) Authorize City Administrator to execute a Cooperative Improvement Agreement (CIA) NO. 25,169 with ODOT for Construction of the Evergreen Road Transit Facility; H) Award the construction contract for the Mill Creek Pump #2 replacement in the amount of $119,400.00 to Pacific Rim Contractors LLC; and I) Approve the Young Street Resurfacing Lane Configuration as provided in the Public Works staff report. Councilor Schmidt asked to remove Item I: Approve the Young Street Resurfacing Lane Configuration for discussion. COX/LONERGAN.... Adopt the Consent Agenda with the removal of Item I. The Page 5 -Council Meeting Minutes, Apri127, 2009 COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING motion passed unanimously. Councilor Cox stated that he was initially concerned with the bike lanes and the change of on-street parking. However, he visually inspected the area and found only one residence that would be affected by limited on-street parking and realized that bicycle lanes would eventually be added, and would like to see the project move forward. Tape 2 110 Councilor McCallum concurred with Councilor Cox's assessment. Councilor Schmidt stated that he has seen very little bicycle traffic but a lot parked cars and feels that residents and businesses have a right to comment before action is taken. Mayor Figley stated that she has observed a number of cars along the street on Sunday mornings, most likely due to overnight guests and church services. 338 Administrator Derickson explained that Young Street is a minor arterial with a higher traffic speed and in many cases on-street parking on arterial streets lead to pedestrian collisions and other safety issues. The City will notify residents of the project and attempt to change the feel of the street from a neighborhood street to an arterial street. Public Works Director Brown stated that he wanted to ensure Council supported the project and the striping was agreed upon so he could complete the construction documents. He explained that the major change to Young Street would be a center turn lane and the elimination of on-street parking. If a center turn lane was added and traffic was reconfigured, written notice to property owners along the street would be required so residents could express their concerns. COX/ MCCALLUM ... Approve item I on the consent agenda. The motion passed unanimously. 836 PUBLIC HEARING: CONTINUATION OF WOODBURN PARKS AND RECREATION PLAN. Community Development Director Hendryx stated that Council held the public hearing on April 16, 2009 which was continued for several reasons. Staff is requesting that hearing be continued until May 11, 2009. PUGH/LONERGAN... Continue public hearing to May 11, 2009. The motion passed unanimously. 921 COUNCIL BILL N0.2771 -ORDINANCE UPDATING THE CITY ORDINANCE COMPILATION BY REPEALING CERTAIN UNNECESSARY ORDINANCES. Council Bill No. 2771 was introduced by Councilor McCallum. Recorder Tennant read the two readings of 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 Figley declared Council Bill No. 2771 duly passed. 1030 COUNCIL BILL N0.2772 -RESOLUTION ENTERING INTO AN AGREEMENT FOR HOUSING REHABILITATION SERVICES WITH THE Page 6 -Council Meeting Minutes, Apri127, 2009 COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS. Councilor McCallum introduced Council Bill No. 2772. The bill was read by title only since there were no objections from the Council. Councilor Lonergan asked which fund COG would be paid from. Administrator Derickson stated that the annual dues are not derived from the housing rehabilitation fund and would be in addition to the administrative expense of the program. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2772 duly passed. 1139 REVISION OF RESIDENTIAL SYSTEM DEVELOPMENT CHARGES (SDC). Community Development Director Hendryx explained that a number of jurisdictions have considered implementing a System Development Charges (SDC) Deferral Program for single family dwellings. The deferral program would delay SCD payments until issuance of final occupancy to stimulate building activity. Incidentally, there is a bill in legislature that may mandate the deferral statewide. Councilor McCallum inquired whether the fees would be reduced. Community Development Director Hendryx explained that the fees would not be reduced and there would be a lien on the property to ensure that the fees would be collected. Administrator Derickson stated that the SDC budget will remain the same with the hope that building will begin to pick up and fees could be collected the following year. Staff is asking Council to approve staff moving forward in changing how residential SDC's are collected, from building permit issuance to final occupancy. The City has budgeted money to review SDC methodology in fiscal year 2009-10 and any changes to the fees would be discussed after the methodology is adopted. There was discussion amongst Council and Administrator Derickson in regards to SDC methodology. Councilor Lonergan questioned whether the program was staff's proposal or one brought forth by developers. Community Development Director Hendryx explained his familiarity with the deferral program and its popularity with developers, and believes that there are enough safeguards intact to ensure that the fees will be paid. He also stated that the City Administrator is looking at many programs to stimulate the local economy. 1900 Administrator Derickson stated that the City is looking at many programs to stimulate economic activity which will reach Council. Councilor Lonergan stated that he would like to see projects that have already gone through the planning process but have been delayed because of the economy, be given an opportunity to complete their projects. Community Development Director Hendryx stated that staff has granted extensions for projects that have already gone through the planning process. PUGH/MCCALLUM ...Adopt the resolution. 2054 Councilor Cox questioned why the City would limit to single family dwellings. Page 7 -Council Meeting Minutes, Apri127, 2009 COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING Community Development Director Hendryx explained that there are different ways for developers to pay SDC's, including the Bancroft process which allows SDC's to be broken over a span often years, which has seldom been used. Staff has erred on the conservative side by proposing the deferral to single family dwellings only. The motion passed unanimously. 2221 COUNCIL BILL N0.2773 -RESOLUTION DIRECTING THAT A ADO NOT ENTERC SIGN BE INSTALLED ON TUKWILA DRIVE AT N. BOONES FERRY RD AND DOTTED PAINT MARKINGS BE APPLIED; THAT STOP SIGNS BE INSTALLED ON SECOND STREET WHERE IT INTERSECTS GRANT STREET; AND STOP SIGNS BE INSTALLED ON FILBERT STREET, JOYCE STREET, BRYANT STREET, AND ELM STREET WHERE THESE STREETS INTERSECT JOHNSON STREET. Councilor McCallum introduced Council Bill No. 2773. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Schmidt asked that the intersection of Hermanson Street and Meadowvale be addressed at the following meeting. Public Works Director Brown stated that he recalled Councilor Schmidt's comments at the prior meeting but is first attempting to address citizen complaint-driven intersections. Councilor McCallum stated that he is appreciative of staff being pro-active. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2773 duly passed. 2512 RESOLUTION IN SUPPORT OF MEASURE 24- SCHOOL BOND ISSUE Mayor Figley explained that Council has a right to take a position on such issues and show their support for the school bond, Measure 24. She stated that she will delete the final sentence of the resolution and direct it to the three commissioners if Council chooses to move forward. COX/PUGH... Council acting in individual capacities adopt the resolution with a change to delete the final sentence. Mayor Figley read the resolution by title only since there were no objections from the Council. Councilor Schmidt stated that neither he nor any family member has ever used the Woodburn Schools but is in support of the bond measure and urged all those involved in the community to support the bond measure as well. Councilor McCallum concurred with Councilor Schmidt and believes the measure is a livability issue and necessary. Delaying the project would cost more. Mayor Figley added that her personal comments are included in the voter's pamphlets and agreed with Councilors Schmidt and McCallum. The motion passed unanimously. Page 8 -Council Meeting Minutes, April 27, 2009 COUNCIL MEETING MINUTES APRIL 27, 2009 TAPE READING 2488 CITY ADMINISTRATOR'SREPQRT. Administrator Derickson stated that he took part in an interview panel for the Captain position and Chief Scott Russell had selected Jason Alexander as the permanent replacement for Police Captain. The City also held a neighborhood meeting for the Mill Creek Greenway Project with over seventy people in attendance. There were many in both support and opposition who expressed their concerns, including traffic flow, lighting in the parking lot, and use of materials in the woodchip area. He will follow up with the concerns and staff will attempt to modify the staff report to incorporate the changes while still meeting State requirements. One of the options Council would like to consider is modifying the Parks Master Plan by removing all phases of the Greenway Project. 3442 MAYOR AND COUNCIL REPORTS. Councilor McCallum congratulated Captain Alexander on his recent promotion. He hopes staff would prepare for the Swine Flu epidemic before it reaches our community. Councilor Schmidt suggested that candles be placed on the cement islands on Settlemier Avenue near Highway 214 to alert motorists. Mayor Figley congratulated Captain Alexander on his appointment and informed Council that she had presented longevity awards at the Staff Appreciation Lunch and wanted staff to know that they are appreciated. A hearing would also take place the following week in Washington DC in regards to a $30 million earmark for the I-5 interchange project in which the City has piggybacked with Marion County. EXECUTIVE SESSION. Not needed. ADJOURNMENT. MCCALLUM/PUGH.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:30 p.m.. VED KAT~IRYN FIGLE~Y, ATTEST ~¢~c.~ ~"~"- Mary T Want, CZty~ ecor er City of Woodburn, Oregon Page 9 -Council Meeting Minutes, Apri127, 2009