Loading...
Minutes - 04/13/2009COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 13, 2009. Mayor Figley acknowledged the passing of Water Supervisor Kevin Mills. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0062 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: Administrator Derickson, City Attorney Shields, Acting Police Chief Blevins, Acting Police Captain Alexander, Public Works Director Brown, Community Development Director Hendryx, City Recorder Tennant 0084 PROCLAMATION -DAY OF THE CHILD. Mayor Figley read a proclamation declaring April 26, 2009 as Day of The Child/Day of the Book (El Dia de los Ninos/El Dia de los Libros) to recognize the importance of literacy programs to ensure the growth and success of all children. 0164 PROCLAMATION -VOLUNTEER WEEK. Mayor Figley read a proclamation declaring April 18-25, 2009 as Volunteer Week within the City and encouraged the community to honor this observance with appropriate programs, ceremonies, and activities. 0249 PRESENTATION: COOPERATIVE AGREEMENT WITH ODOT (Evergreen Transit Facilityl. Public Works Director Brown stated that staff has been negotiating with Oregon Department of Transportation (ODOT) over the last several months for a transit facility to be located near the I-5 Woodburn interchange. He stated that this project is a subset of the overall I-5 interchange improvement project and ODOT would like to move forward with the transit facility before the interchange is improved. ODOT believes the improvements to Evergreen Road north of Highway 214 are integral to other improvements. He stated that the estimated cost of the transit facility is $7.7 million which is the amount shown in the cooperative agreement. The City has an obligation towards interchange projects of a total match of $8 million of which $2.5 million has Page 1 -Council Meeting Minutes, April 13, 2009 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING already been placed on deposit with ODOT. It is his belief that the City will benefit from the improvements to north Evergreen Road since it will put the northeast sector of the interchange in a better position for redevelopment and may even stimulate redevelopment. He stated that by approving the cooperative agreement, Council would legislatively give ODOT staff the authority to acquire right-of--way for the alignment of north Evergreen Road, which was defined during the environmental assessment period and preliminarily agreed to by the City. ODOT has defined strong access control along Evergreen Road as one of their requirements. The commercial development on the east side of north Evergreen Road (Brice parcel) will have access alignment with the northern access road to the transit facility. He presented a drawing that depicted traffic movements associated with the facility. Staff has also been defining how storm water management for the northeast quadrant will be handled. Currently, there is an unused forty-eight inch culvert across the freeway that was installed when the freeway was widened. ODOT and the City have negotiated that the culvert be split fifty/fifty and the City may use it to drain water north to East Senecal Creek. He stated that the transit facility has athirty-month design period and this is a good opportunity for the City to build infrastructure. In order for the culvert to be effective, the storm drain line would need to be extended east to Evergreen Road. The extension of the storm drain would be constructed with the transit facility and would be funded by Storm System Development Charges (SDC). 1083 Councilor McCallum asked if the transit facility would be incorporated into the I-5 interchange design. Public Works Director Brown explained that the transit facility and any additional right- of-way to Highway 214 will remain with the interchange project. He stated that the grade of Highway 214 will rise twelve to fourteen feet. There was discussion amongst Councilor Cox and Public Works Director Brown in regards to future right-of--way and access restrictions on Highway 214 by ODOT. Councilor Schmidt asked if the access from the Brice parcel would be eliminated. Public Works Director Brown stated that the current access is too close to Highway 214 and will be eliminated and access to the Brice parcel will be included in ODOT's Access Control Plan. Councilor Lonergan questioned the timeframe of the project. Public Works Director Brown stated that the design would take approximately thirty months and they are currently in the sixth month of the design process. The estimated construction completion time period will be in 2012. He stated that the project will attempt to maximize the number of parking spaces and it is anticipated that it will be a hub for all of the regional transportation providers. There was discussion amongst the Councilors and Public Works Director Brown in regards to the transit facility acting as a regional transportation hub and possible funding. Public Works Director Brown explained that the City has a $5.5 million outstanding match due at construction completion of all improvements to the I-5 interchange of which this transit facility is one of the improvements. Currently, there is approximately $3.5 Page 2 -Council Meeting Minutes, April 13, 2009 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING million in SDCs on reserve for this project in addition to the deposit already made to ODOT. Public Works Director Brown stated that the resolution to authorize the cooperative agreement would be ready for Council consideration at the Apri127t" Council meeting. 1748 Administrator Derickson stated that two items had been added to the agenda because the American Reinvestment Act stimulus package one of which is a Public Works project and Director Brown would make a presentation on this project at this time. He stated that funding opportunities are coming forth from multiple agencies and they have a short time period in which the City can make a decision as to whether or not applications should be submitted for funding. Public Works Director Brown stated that Shalimar Modular Home Park and two other mobile home parks in the vicinity of the City had been notified by Department of Human Services that their water quality does not meet EPA requirements for arsenic. He explained that through the stimulus package, the Oregon Economic Development Department has created a program to promote viable water suppliers in urban areas to merge with non-viable providers to provide higher water quality for all of those in the urban area. Currently, manufactured home parks have self contained water systems that are costly to filter for arsenic. The City meets EPA requirements and is qualified for the program. Bringing water service to the park would benefit the City by extending the water perimeter loop, which is one of the City's long-term capital improvement projects for its water distribution system. He presented a map which indicated the City's preferred and alternative alignments. The twelve-inch diameter water line extension is estimated to cost $1.3 million. The Oregon Economic Development program would provide a fifty percent (50%) grant and a fifty percent (50%) low interest loan at one percent (1%). The program's process requires a public announcement of intent to apply for the application. Councilor Cox inquired about how the City would amortize the cost of the project. Public Works Director Brown explained that the City would fund the project through the balance of its water construction fund and SDC funds. Councilor Cox asked if the City would be able to recover costs from future development. Administrator Derickson stated that the City could recover costs, and if the application is accepted, the City would have to demonstrate the ability to carry the debt service program. He also stated that the cost-benefit analysis would indicate that this is a strong project with a guaranteed fix to the arsenic problem. There was consensus among the Council to pursue the application. 2817 PRESENTATION: 2008 CRIME STATISTICS. Acting Police Captain Alexander presented the crime statistics report for 2008. He stated that the overall crime index for Woodburn shows both violent and property crime as compared to the last four years. In Woodburn, he reported that with a population increase Page 3 -Council Meeting Minutes, April 13, 2009 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING the overall crime index is down approximately 4%, which includes both a 42.5% increase in violent crime and a 6.15% decrease in property crime. He presented the calculated numbers per 100,000 and explained that over the last four years the City has experienced a 10.4% increase in violent crimes and a 9.78% decrease in property crimes. He reviewed the documents in the agenda packet, which included the 2008 adjusted index crimes, the three-year adjusted crime trends, a comparison crime rate report and graphs, and a meth connection report. Councilor Cox asked how meth connection is determined. Acting Police Captain Alexander explained that meth is usually tied to theft and embezzlement crimes. He presented the numbers and types of calls, offenses, and arrests in 2008, and the 2008 traffic crime and clearance rates. He explained that police patrol and detectives, CRT, the Weed N Seed project, neighborhood and Police Patrol District meetings, the Citizens Police Academy, and gang suppression programs will work towards combating the crime numbers. 3415 Mayor Figley inquired about the increase in violent crimes and asked what factors attribute to aggravated assaults. Acting Police Captain Alexander explained that aggravated assaults include domestic violence and can be somewhat attributed to the economy and family problems. Acting Police Chief Blevins stated that an armed robbery, several attempted murders, and gang violence attributed to the drastic increase in violent crime. He agreed that the economy has a major affect on violent crime and explained that it is difficult to prevent the domestic violence that is related to it. Administrator Derickson explained that in 2008, on average, the Police Department responded to 2.5 calls every hour. He applauded the Department for responding to such a large number of calls. Acting Police Chief Blevins stated that Woodburn is a safe place to live and its officers work hard to prioritize calls. Councilor Pugh and Councilor Lonergan applauded the police force for the impressive numbers. Councilor Lonergan asked if there were any improvements on the meth connection. Acting Police Chief Blevins stated that the Police Department had made sixteen arrests in the past two weeks and had seized two pounds of meth with a street value of $42,000 per pound. Along with the Portland Police Bureau, Woodburn seized three pounds of heroin with a street value of $200,000 to $300,000. The Department is attempting to go after the dealers and remove the source for the addicts. Councilor McCallum stated that for many years Woodburn has been seen as a pass- through for drugs and he is glad that that reputation is changing. 4167 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that all four of the City's small high schools have been awarded $65,000 extension grants, which are the highest awards granted. Jennifer Page 4 -Council Meeting Minutes, April 13, 2009 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING Dixon, principal of the Woodburn Arts and Communications High School has been presented the 2008 National Administrator award. He also stated that the school district bond proposal will be on the May 2009 ballot. The school district held a community forum on the proposal where approximately 40 people attended and there is a political action committee formed with over 100 volunteers to work on the bond proposal. He recently received letter from the Governor and State Superintendent of Schools stating that the economic condition is worsening and less funds will be available. The school district will have some stimulus funds but may still be $1 million short. Mr. Blomberg also stated that Board member Jim Davidson was involved in a serious traffic accident the prior evening. 4666 Richard Jennings, Filbert St, stated that a pedestrian crossing at the Highway 214 /Park Avenue intersection needs to be addressed since it is unsafe for pedestrians that cross the highway to reach Salud Medical Clinic. Mr. Jennings suggested that the Council move forward and get a crosswalk for that area before someone is killed. Councilor McCallum stated that Council had gone on the record on this issue and asked the City Administrator to put pressure on ODOT to fix the safety hazard. He agreed that the crossing the highway at that intersection is extremely dangerous. Public Works Director Brown stated that he was aware of situation and has been working with ODOT to address the problem. He stated that ODOT has just awarded the environmental assessment contract for Broughton Way to Park Avenue, which includes this area. One of the recommendations to ODOT is constructing a refuge for pedestrians. Councilor Cox suggested that the area be marked with a crosswalk with a signalized light and that another traffic count be conducted to see if warrants have been met. There was discussion amongst the Council in regards to various safety options for that section of roadway. 5856 CONSENT AGENDA. A) Approve the regular and executive session Council minutes of March 23, 2009; B) Approve the Council Goal Setting workshop minutes of March 28, 2009; C) Approve the Claims for March 2009; and D) Accept the Public Utility easement granted by Richard and Leslie Warnick, property owners of 1365 North Front Street. PUGH/LONERGAN.... adopt the Consent Agenda as presented. The motion passed unanimously. Page 5 -Council Meeting Minutes, April 13, 2009 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING 5931 COUNCIL BILL N0.2768 -RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO TRANSFER ADDITIONAL CITY FUNDS TO THE OREGON DEPARTMENT OF TRANSPORTATION TO ADDRESS COST OVERRUNS AND CHANGE ORDERS ASSOCIATED WITH THE OR HIGHWAY 214 / SETTLEMIER AVENUE / BOONES FERRY ROAD INTERSECTION IMPROVEMENT PROJECT. Council Bill No. 2768 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. Councilor Schmidt inquired as to whether or not the City must pay $70,000 to ODOT. Public Works Director Brown stated that he received correspondence from the City's project engineer regarding design deficiencies that affected construction costs. The engineer has agreed to cover about $21,000 of the change orders available, which reduces the City's cost to $49,000. The change orders were associated with the actual work activity. The problem the City ran into was that the design phase went on for approximately two years and the control that was established for the road to get the final grade was found wrong; it was staked-out and constructed wrong. Various other unforeseen factors contributed to additional costs. The City was not made aware of the conditions until the work was completed and did not have an opportunity to intervene. After negotiating with ODOT, it was determined that ODOT was partially responsible. Councilor Schmidt asked if the City was going to repair or replace the sidewalk near the street trees on the east side of Settlemier Street. Public Works Director Brown stated that they will try to make the sidewalk work, although it will be difficult to meet ADA requirements and they are restricted in what they can do. Councilor Pugh asked if there will be a right turn lane for westbound traffic. Public Works Director Brown stated that there will be a turn lane. Tape 2 Councilor Cox stated that he would like to save the trees but is unaware of what is involved and does not know if it would be cost effective. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2768 duly passed. 0100 COUNCIL BILL N0.2769 -RESOLUTION DIRECTING THAT YIELD SIGNS BE INSTALLED ON THE SOUTHBOUND LANE OF AB@ STREET AT THE INTERSECTION OF CLEVELAND STREET AND ON WOODLAND AVENUE AT THE INTERSECTION OF MYRTLE STREET. Councilor McCallum introduced Council Bill No. 2769. The bill was read 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. 2769 duly passed. Page 6 -Council Meeting Minutes, April 13, 2009 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING 0144 COUNCIL BILL N0.2770 -RESOLUTION DIRECTING THAT PARKING RESTRICTIONS BE INSTALLED IN THE BOONES CROSSING DEVELOPMENT PHASE I. Councilor McCallum introduced Council Bill No. 2770. The bill was read 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. 2770 duly passed. 0198 AMENDMENT TO PROFESSIONAL SERVICES CONTRACT CH2M HILL CONSULTANT WASTEWATER FACILITIES PLAN UPDATE. COX /LONERGAN... Council, as Local Contract Review Board, authorize that the City Administrator amend the current agreement for professional services with CH2M Hill to include $109,763 for Change Order #4 with the newly established contract amount, including Change Order #1 through #4 being $859,639.00. Councilor Schmidt stated that he would have liked the two change orders to be combined. Councilor Cox stated that he believes the total change orders are high but believes that there is good reason why the costs have increased. The planning period has almost doubled and the requirements have changed during the process. He did not feel as if the consultant was padding the bill. Mayor Figley agreed with Councilor Cox and believes that there is a clear explanation for why the change order is needed. Administrator Derickson stated that cities are sometimes the victims of unfunded mandates. Public Works Director Brown stated that the scheduled end date is in May. The consultant has been working closely with City and the plan has revealed several significant items that the City needs to address. One of which is addressed by change order #3, DEQ's enforcement of the Clean Water Act. He stated that the City needs to comply in order to receive financing. The motion passed unanimously. 0845 AUTHORIZATION OF REIMBURSEMENT TRAFFIC IMPACT FEE - MaPS Credit Union. COX/LONERGAN.... authorize reimbursement to MaPS Credit Union the sum of $128,929.25 for the difference between the original Traffic Impact Fee (TIF) assessment collected ($189,928.25) and the approved alternative TIF ($60,999). Councilor Schmidt suggested that due to the significant difference the city should pay for MaPS Credit Union's engineer fees. Councilor Cox disagreed with Councilor Schmidt and explained that the fees were determined by the ordinance. Although it is unfortunate that there was such a difference, he does not believe the City needs to pay additional fees. The motion passed unanimously. Page 7 -Council Meeting Minutes, April 13, 2009 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING 1082 CITY COUNCIL FISCAL YEAR 2009-2010 GOALS. PUGH/LONERGAN.... adopt City Council goals as outlined in the staff report. Councilor Lonergan suggested that the Council periodically review the goals during the year. The motion passed unanimously. 1175 ARRA ECONOMIC STIMULUS FUNDING -YOUNG STREET RESURFACING PROJECT. Public Works Director Brown stated that stimulus money that is received by local governments must meet all federal requirements that were in place at the time. The Public Works Department has applied for a federal exclusion resurfacing project and piggybacked with Marion County on resurfacing county roads. The project should be ready this summer. Administrator Derickson thanked Public Works for their aggressiveness. LONERGAN/MCCALLUM.... authorize the City Administrator to execute, on behalf of the City, Agreement No. 25528 with the State of Oregon / ODOT in order to accept $490,000 in funding made available to the City of Woodburn under the American Recovery and Reinvestment Act (ARRA). The motion passed unanimously. 1400 FEDERAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM. Acting Chief Blevins stated that the Police Department would like to use the $55,864 grant funds on software and tactical upgrades. PUGH/SCHMIDT... authorize the City Administrator to execute on behalf of the City Intergovernmental Agreement #2009-F4634-OR-SB accepting the disbursal of $55,864.00 in Justice Assistance Grant (JAG) funds. The motion passed unanimously. 1487 CITY ADMINISTRATOR'S REPORT. Administrator Derickson stated that a budget meeting is scheduled for Saturday, April 18, 2009 beginning at 8:30 a.m. in the Council Chambers. As a follow up on the previous meeting, Administrator Derickson stated that there had been two reports of drug use and suspicious activity where residents had felt that no action had being taken. He wanted the public to know that follow-up had been taken on the reports, however, some investigations require both time and privacy. 1696 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that he had observed the Easter Egg Hunt at Settlemier Park and there were a lot of kids there and they seemed to have a good time. Councilor McCallum stated that the 8`" annual Relay for Life would be taking place June 26`" and 27th. The City of Woodburn is a platinum sponsor and no taxpayer funds were Page 8 -Council Meeting Minutes, April 13, 2009 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING used to obtain this sponsorship level. On May 12t" ,the annual Mayor's Prayer Breakfast will be held at United Methodist Church. Dick Withnell will be the guest speaker and who will focus on faith in the market place. Councilor Schmidt thanked the Public Works Department for the aerial map they provided. 1962 ADJOURNMENT. COX/MCCALLUM.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:03 p.m.. /~ ,, ATTEST / Mary Te ant, Recorder City of Woodburn, Oregon Page 9 -Council Meeting Minutes, April 13, 2009