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Minutes - 10/22/2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 22,2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0018 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, Assistant City Engineer Torgeson, City Recorder Tennant 0054 ANNOUNCEMENTS. A) Closure of City Offices: City Hall and the Woodburn Public Library will be closed on Monday, November 12th, in observance of Veteran's Day. B) Rescheduled Date for Council Meeting: The regular meeting date of Monday, November 12,2001 has been rescheduled for Tuesday, November 13,2001. C) Public hearing: A public hearing will be held on November 26,2001, 7:00 p.m., regarding a Community Development Block grant. D) Woodburn Public Library Activities: November 27,2001, 7:00 pm, City Hall- "Day of the Dead" celebration November 3, 10, 17 & 24, 2001, 11:30 am - Spanish Storytime 0128 APPOINTMENTS: A) 9-1-1 Board: Mayor Jennings stated that he has appointed Councilor McCallum to the 9-1-1 Board of Directors. B) Museum Committee: Mayor Jennings appointed Isaiah Constante to the Museum Committee whose term will expire in September 2003. Mr. Constante is ajunior at Woodburn High School and is replacing Amber Velasco who graduated from Woodburn High in June 2001. C) Community Center Planning Committee: Mayor Jennings appointed Thomas Albright to the Community Center Planning Committee. Mr. Albright is a junior at Woodburn High School. Page 1 - Council Meeting Minutes, October 22, 2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING 0217 PROCLAMATION: NATIONAL WEEKEND FOR HEALING AND UNITY. In response to President Bush's request, the Mayor proclaimed November 10 - 12,2001 as a Weekend for Healing and Unity in the City of Wood bum. Special programs to be offered by the Recreation and Parks Department include I) free admission to the Aquatic Center for all service men and women and veterans; 2) special Aquatic Center admission discounts for everyone; 3) special Aquatic Center activities and contests; and 4) free registration for all service men and women and veterans of military service for a Spirit Mountain trip on November 12th. 0357 PRESENT ATION: WQODBURN POLICE CANINE PROGRAM. Police Chief Null announced the implementation of the newest police program - Canine Program - in which "Niko", a 4-year old German Shepard, will be the police dog used under this program. He stated that the Woodburn Police Association had approached him last year regarding the establishment of a canine program and they had offered to take this program on as a community project. They established an "Adopt A Dog" program in which citizens could donate funds to support this program. Local businesses and organizations also participated in this fundraiser by providing cash, dog kennel, equipment, and services. He stated that one ofthe largest contributors was the local Eagles organization who took on a year-long fundraising project and they contributed over $7,300 towards this program. This donation paid for the dog plus a majority of the training costs. In recognition of the Eagles contribution, Chief Null presented Fred Davis, Past President, and Roger Blomberg, current President, with a plaque expressing the Police Department's appreciation for their contribution to the canine program. Mr. Davis stated that he is a retired Air Force Sergeant and his past experience with canines showed him how canines saved many lives which is why he is very supportive of this program. Chief Null also recognized Officer Jason Millican who took the canine program from its original concept to reality and has put in many hours of his time in raising funds, program development, developing policies and procedures, and training. Chief Null then introduced Niko who will soon be certified and assigned to patrol with Officer Millican. Niko will be cross-trained for drug searches. The Chief also introduced Ray Reed who has been the chief trainer for Niko. Mr. Reed has been a police dog trainer for approximately 24 years and he is assisted by his son Ryan who has 11 years of experience in training. Ray Reed stated that Officer Millican and Niko have done an excellent job. They have completed all of their practical exams and the final written exam will be held on Tuesday, October 23rd. He showed a video presentation with Officer Millican and Niko during their training sessions and he explained the different training exercises that were accomplished over the training period. These include hot track, cold track, building search, high drive and obedience search, back transport, side transport, pursuit and Page 2 - Council Meeting Minutes, October 22,2001 8A COUNCIL MEETING MINUTES October 22,2001 TAPE READING courage test, and a muzzle test. He stressed that Niko is a very sound, stable animal and training ofNiko consisted of2 years in Germany followed by 2 months of initial training in getting Officer Millican used to the dog and then progressing it forward from that point towards certification. It was also noted that the dog does stay with the handler 7 days per week, 24 hours per day, except for a 2-week period in which the handler is allowed to be gone on vacation. Mayor Jennings thanked Mr. Reed for his presentation and Officer Millican's initiative in pursuing this program. He also thanked the Woodburn Eagles for their substantial financial contribution to the program. 1712 CHAMBER REPORT. Don Judson, Chamber Board President, reported on the following Chamber activities: 1) the new Leadership Youth Program began last Tuesday and 20 Woodburn High School students (sophmores, juniors, and seniors) participated in this on-going series of programs. The first session was on team building and learning about this program. The purpose of this program is to teach youths who are willing to participate in future community programs how to be leaders. He stated that the students had sent thank-you notes to each speaker and included comments on each speaker's presentation. 2) the Open House for the new Visitor Center was held last Thursday and the 3 kiosks, built by the boys at MacLaren, displayed brochures from numerous locations in Oregon. 3) Business After Hours will be held on November 15th at the new Tukwila Center of Medicine beginning at 4:30 pm. 4) Chamber Forum will be held on November 220d . Mayor Jennings suggested that the Council to attend the Business After Hours program at the new facility which is a state of the art medical center. 1976 CONSENT AGENDA. A) Approve the Council minutes of October 8, 2001; B) Accept the Planning Commission minutes of September 27, 2001; C) Accept the Library Board minutes of October 10,2001; D) Recreation and Park Board minutes of October 9, 2001; E) Community Center Planning Committee minutes of October 11, 2001; F) Leaf pick-up program status report; and G) Claims for the month of September 2001. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. Page 3 - Council Meeting Minutes, October 22, 2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING 2010 PUBLIC HEARING: Appeal ofPlannin2 Commission denial of Subdivision #01-01 and Variance #01-06. "KALUGIN SUBDIVISION". located at 1810 and 1820 E. Hardcastle Avenue. Mayor Jennings declared the public hearing open at 7:35 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Community Development Director Mulder stated that this hearing is a result of an appeal ofthe Planning Commission's decision to deny a 5-lot subdivision with 3 associated variances. The variances are 1) allow 5 lots to access a private drive when 4 is the maximum permitted, 2) private drive serving the subdivision to extend beyond the 150- foot depth maximum to a depth of250 feet, and 3) allow 4 of the lots be created without public right-of-way frontage and to be accessed by the private drive. The property is located at 1810 and 1820 E. Hardcastle between Dunn Court and Orchard Lane. He stated that staff had recommended approval, however, the Commission decided to deny the application since they felt that (1) the site should be served by a public street, (2) the site should be developed to its intended residential density, (3) public right-of-way extension should be further south on the property than what is currently proposed, and (4) emergency access issues are of concern relating to the private drive. He reviewed the Council's options as it relates to this appeal. Mayor Jennings questioned if this was the same property in which a proposal was previously before the Commission and Council because of right-of-way and easement Issues. Director Mulder stated that it is his understanding that this property did come before the City as a comprehensive plan and zone change application to change the property designation to high density residential. It was noted that the parcel to the west of the subject property which abuts Hardcastle is not part ofthis project, however, this parcel does provide part of the easement access to the subject property. 2965 Kevin Mayne, Attorney representing Lazar Kalugin (Applicant), stated that this property was before the Council approximately 4 years ago and, at that time, the applicant was proposing a plan amendment and zone change to multi-family residential and placing apartments on the property. Since that proposal did not work out, the applicant began looking at other options for developing the property which is zoned single family residential. He stated that the subject property lies to the south of Hardcastle and that Centennial Drive does dead-end about 80 feet east of the subject property. The Jaeger property lies between Centennial Drive and the subject property and, in the Transportation Plan, there is no plan for future extension of Centennial Drive. He stated that there is a parcel located west of the subject property abutting Hardcastle Ave. which was partitioned off several years ago and the property is owned by Mr. VanCleave. This parcel has a 24 foot wide easement which is one of the reasons as to why a private drive is being proposed by the applicant. The subject property is 170 feet wide and 550 feet Page 4 - Council Meeting Minutes, October 22, 2001 I 8A COUNCIL MEETING MINUTES October 22,2001 TAPE READING long which does place constraints on the development of the parcel. It was noted that the VanCleave property would still have approximately 20 feet of space between the easement and the VanCleave home. Additionally, the proposal before the Council would use only 17 feet of the 24 feet available. The applicant is proposing that one driveway be constructed which would encompass a 24 foot paved surface within a 39 foot right-of- way. After meeting with City staff, it was determined that it was not possible to put a public street on this property since the code requires a thru street to have a 60 foot right- of-way while a cul-de-sac requires a 50 foot right-of-way. Additionally, the 24 foot easement on the VanCleave property cannot be dedicated to the City since the applicant does not own the property. The easement can be used as a private drive under the terms of the easement. The property owned by the applicant also has an existing house near the east property line abutting Hardcastle Ave which led to further constraints regarding the driveway. He stated that the proposed development plan would require 3 variances as outlined by Director Mulder. In regards to access, it is proposed that the access directly onto Hardcastle for the existing house would be eliminated and the access would be off of the private drive. The depth of the lot is reason for the long private driveway and it would include a turnaround at the end. Lastly, a variance would allow for creation of 4 lots without having public right-of-way frontage. They have tried to address some of the Planning Commission concerns and they are proposing that, if the application is approved, a right-of-way of 40 feet in width extending further down the middle of the property and turns to the east so that it could eventually connect to Centennial Drive if the Jaeger property is developed in the future. It was noted that Mr. Kalugin has been in discussion with Mr. VanCleave regarding the purchase of the property and/or the easement. Another concern related to emergency vehicle access and parking laws are not enforceable on private driveways. The applicant is willing to install curb cuts for off street parking and to post No Parking signs on the driveway. He reiterated that it has been difficult to develop a plan that would be acceptable to the City due to the constraints of the property. It was noted that Mr. Kalugin has owned the property for approximately 8 years and he has been looking at different ways to develop the land. Councilor Bjelland stated that it looked like two of the lots are not really being planned at this time to be developed as individual lots but being held in reserve for future development. He questioned if any consideration had been given to putting in a private street to serve lots 2 and 5 on the plan and reserving the other 2 lots to be accommodated in a future development where a public street has been installed connecting to future extensions of Centennial Drive or to E. Lincoln Rd. 4532 Attorney Mayne stated that Planning Commission did not feel that the plan provided for an efficient use of the property and the problem facing the applicant is that it is unknown if Centennial Drive will be extended to the west or to some other direction since it is not included in the Transportation Plan. Page 5 - Council Meeting Minutes, October 22,2001 ~ 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING Councilor Figley expressed concern over the proposed length of the private driveway in addition to the width and questioned where curb cutouts might be located in order to keep the roadway open. Attorney Mayne stated that an option available to the Council is to require more than the 1.5 parking spaces per household and the developer would need to provide the off-street parking area. 5267 George Wilhelm, Wilhelm Engineering representing the applicant, stated that the Planning Commission wanted a public right-of-way access onto Hardcastle and it appeared during the hearing that the Commission was unaware that the applicant could not provide the public right-of-way due to the easement that would need to be used by the applicant. The applicant would be willing to dedicate right-of-way that is owned so that in the future additional right-of-way could be dedicated in the event Centennial Drive is extended in the future. Additionally, the proposed homes would have a 2-car garage and driveways that would accommodate 2 cars. It was noted that the existing easement is all located on the VanCleave property. Mayor Jennings questioned if a water line would be looped for fire protection at the time of development or for connection at some time in the future. Public Works Director Tiwari stated that the developer is required to provide the infrastructure so that a water line loop could be connected at a future date for fire protection and water quality. No testimony was given by proponents or opponents to the proposed subdivision. Mayor Jennings declared the public hearing closed at 8:25 p.m.. 6084 Councilor Nichols stated that he would like to see the water line looped at the time of development as a condition of approval and he would be in favor of sending this proposal back to the Planning Commission. Attorney Shields stated that the application is subject to the 120-day rule and there is no code provision to send this application back to the Commission. A final decision, including an appeal to the Council, must be completed by November 18, 2001. Councilor Figley stated that she concurred with the concerns of the Planning Commission. In looking at the surrounding neighborhood and the lack of connectivity, she feels that the site should be served by a dedicated public street due to the length and number of parcels to be served. Overall in looking at the plan, she did not see it working safety wise, design wise, connectivity wise, or in the larger picture of the surrounding area. She agreed with the comments of several Planning Commission members and with their decision. Councilor McCallum stated that he is very concerned about developing property that would take 3 major variances. Based on the discussion held during this meeting, he felt that there are other options available to the developer to take care of some of the variances which the City is not in the position to deal with. Even though the applicant Page 6 - Council Meeting Minutes, October 22, 200 I 8A COUNCIL MEETING MINUTES October 22,2001 TAPE READING looks at developing property at a profit, the Council needs to also look at livable areas for residents within the City. Mayor Jennings stated that the Council has turned down proposed developments in the past due to the number variances and density issues. He is also concerned about parking issues on private driveways since the Police Dept. does not have the authority to enforce parking regulations on a private driveway. Another concern involves future looping of the water lines along with obtaining required easements. Tape 2 Councilor Bjelland stated that he does have a concern regarding the proposed design of the layout. He suggested that if the proposal would provide for a private drive with 2 homes most of the problems raised by the Planning Commission and Council could be eliminated. In his opinion, he could not see where any public right-of-way would be feasible with an access to Hardcastle unless an existing home was torn down. Therefore, looking at the private driveway as an outlet for Centennial Drive is not a feasible scenario. The only way Centennial Drive would provide a roadway loop is to go south through the property adjoining Centennial Drive and coming out onto E. Lincoln Road. This scenario would allow the applicant to develop a portion of the property and get 2 lots and still leave a fairly significant size property which could be subdivided in the future in a manner that would allow for better utilization of the property. Councilors Sifuentez and Chadwick stated that they concurred with the findings of the Planning Commission. 0284 FIGLEY/SIFUENTEZ... concur with the Planning Commission's final order, deny Subdivision #01-01 and Variance #01-06, and instruct staff to prepare an ordinance to substantiate their decision. The motion passed unanimously. 0316 COUNCIL BILL 2353 - ORDINANCE CHANGING THE ZONING DESIGNATION ON PROPERTY LOCATED AT 3002 STACY ALLISON WAY (.9 ACRE STRIP OF LAND LOCATED ON THE SOUTHERN PORTION OF TAX LOT #1200) FROM MARION COUNTY URBAN TRANSITION FARM (UTF) TO CITY COMMERCIAL GENERAL DISTRICT (CG). Councilor Chadwick introduced Council Bill 2353. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Mayor Jennings stated that this strip of land was included in the compulsory annexation ordinance, however, at the time of annexing the parcels, the Council did not change the land use zones. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2353 duly passed. Page 7 - Council Meeting Minutes, October 22, 2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING 0436 COUNCIL BILL 2354 - RESOLUTION ESTABLISHING A NEW SCHEDULE FOR WATER SYSTEM DEVELOPMENT CHARGES AND AMENDING RESOLUTION 1079. Council Bill 2354 was introduced by Councilor Chadwick. 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 Jennings declared Council Bill 2354 duly passed. 0482 COUNCIL BILL 2355 - RESOLUTION ENTERING INTO A DEVELOPMENT AGREEMENT WITH M C BUILDERS. INC.. HERITAGE MEADWOS. LLC AND HIDDEN CREEK PROPERTIES. LLC (Vanderbeck Lane improvements). Council Bill 2355 was introduced by Councilor Chadwick. 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. Mayor Jennings declared Council Bill 2355 duly passed. 0529 ACCEPTANCE OF SIDEWALK EASEMENT: W. HAYES STREET. Staff recommended the acceptance of a sidewalk easement from the Woodburn School District for the installation of a new sidewalk on the south side of W. Hayes Street from Cascade Drive to the Nellie Muir Elementary school parking lot. FIGLEY/SIFUENTEZ... accept the sidewalk easement granted by the Woodburn School District. The motion passed unanimously. 0560 CONTRACT AWARD: SIDEWALK AND STORM DRAIN IMPROVEMENTS ON W. HAYES STREET. Bids for alterations to an existing storm drain and the construction of a sidewalk along W. Hayes Street were received from the following contractors: Gelco Construction, Inc., $13,010.00; Three Sons Concrete, $14,868.00; Zink Commercial Contractors, $16,415.00; KJS, $16,738.00; Axis Curb, $17,285.00; and D & A General Contractors, $18,195.00. Staff recommended the acceptance of the low bid from Gelco Construction of which the Woodburn School District will pay the City $10,186.00 for the sidewalk construction and the City will pay the remaining balance for the storm drain improvements. FIGLEY/SIFUENTEZ... award the contract for sidewalk and storm drain improvements on W. Hayes Street to the lowest responsible bidder, Gelco Construction Inc., in the amount of $13,010.00. The motion passed unanimously. 0608 BID AWARD: PURCHASE OF USED VAN (Bid #22-07). Bids for a 1998 or newer used minivan with less than 40,000 miles were received from the following vendors: Hubbard Chevrolet (2001 Chevrolet Astro), $14,737.00; Canby Page 8 - Council Meeting Minutes, October 22, 2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING Ford (2000 Ford Windstar), $15,500.00; and Hershberger Motors (2000 Dodge Caravan), $15,979.00. FIGLEYINICHOLS.... award bid #22-07 for a used van to the low bidder, Hubbard Chevrolet, in the amount of$14,737.00 plus DMV and document fees. The motion passed unanimously. 0635 CONTRACT AWARD: W. LINCOLN STREET STORM DRAIN PROJECT (Bid #22-16). Bids were received from the following contractors: Valley Pacific Construction, $221,764.30; Dunn Construction, $229,421.00; Canby Excavating, $267,850.00; Robinson Construction (ReI), $288,577.00; Saunders Company, $350,770.00; Kasey Cooper Excavation, $394,786.61; Kyllo Construction, $313,658.00; New West Constructors, $374,057.00; Emery & Sons Construction, $345,414.25; Gelco Construction, $341,101.00; Kerr Contractors, $317,127.00; and R & G Excavating, $346,043.00. Staff recommended that the bids be rejected and re-advertised in order to clarify the specifications of the PVC pipe. FIGLEYINICHOLS... reject all bids for W. Lincoln Street storm drain project and direct staff to issue a call for rebid after specification clarification. The motion passed unanimously. 0658 CONTRACT AWARD: MODIFICATION OF BUILDING LOCATED AT 347 FRONT STREET. Bids for modifications to the City owned building located at 347 Front Street (formerly known as the Salud building) were submitted from contractors for a one-story modification and a two-story modification. The results of the bids are as follows: One-story modification: First Cascade Corp., $228,354.00; All Oregon Construction, $263,221.00; CMJ Construction, $265,361.00; and Borg Construction, $479,000.00. Two-story modification: First Cascade Corp., $244,888.00; All Oregon Construction, $286,021.00; CMJ Construction, $315,765.00; and Borg Construction, $500,000.00. Mayor Jennings stated that the bids were lower that anticipated, therefore, it will allow for the retention of a two-story building. FIGLEYINICHOLS...conditionally award the contract for building modifications at 347 Front Street, the two-story option, to the lowest responsible bidder First Cascade Corp., in the amount of $244,888.00, and authorize the City Administrator to execute the contract after terms for fascia installation and salvage operation are mutually agreed upon. Mayor Jennings stated that, once the contract is let, the work will soon begin and it is anticipated that it will be completed by the end of February 2002. Administrator Brown stated that the bid is within the $300,000 budget, however, there will be more costs involved which may bring the total cost of the project close to the $300,000 budget amount. The bid submitted by First Cascade Corp. does not provide for Page 9 - Council Meeting Minutes, October 22, 2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING any credit for salvage value and staff will need to come to terms with the contractor on this issue. He stated that this bid will provide a square block box that will be weather tight and sound, and an additional expense will be incurred to obtain an architectural design that would fit within the building structure to make the entrance more attractive. There is a $30,000 allowance provision built into the bid that should take care of some of the structural issues that will surface when work is in progress. Councilor Bjelland questioned if the end product would be a basic shell on both floors. Administrator Brown stated that the building will be a shell with the retention of the 2nd floor elevator shaft. At this time, the intent is to leave the 1st floor open in a gallery fashion to house the museum activities while the 2nd floor will be a combination of city office space and potential rental office space to complementary types of public businesses. Staff will be looking at a combination of grants and future budgetary requests to make the building habitable for the various uses. The vote on the motion to conditionally award the contract to First Cascade Corp. passed unanimously. 1178 CONTRACT AWARD: WEST HAYES STREET PEDESTRIAN CROSSING OJid #22-12). Bids for the installation of a pedestrian crossing warning signal were received from the following contractors: Electrical Construction Co., $19,085.00; and Cherry City Electric, $23,647.00. Staff recommended acceptance of the low bid from Electrical Construction Co. which was less than 1 % above the engineer's estimate of $18,963.00. FIGLEY/SIFUENTEZ.... award the construction to Electrical Construction Co. for the installation of a pedestrian crossing warning signal at the intersection of Settlemier and West Hayes in the amount of$19,085.00. 1226 ALLEY CLOSURE REOUEST: DOWNTOWN ALLEY AT HAYES STREET. The Woodburn Elks Lodge has requested closure ofthe alley for Saturday, October 27, 2001, from 4:00 pm to 8:00 pm for the purpose of setting up a BBQ unit for cooking. The event will be a recognition dinner for Woodburn and Hubbard police officers and Marion County Sheriff deputies. FIGLEYIBJELLAND... approve the alley closure of Hayes Street for Saturday, October 27,2001, from 4:00 p.m. to 8:00 p.m.. The motion passed unanimously. 1267 LIQUOR LICENSE APPLICATION: ELMER'S RESTAURANT (255 Arney Rd) Staff recommended the approval ofa full on-premise liquor license submitted by WMC Inc. for Elmer's Restaurant. FIGLEY/SIFUENTEZ... approve a full on-premise liquor license for Elmer's Restaurant. The motion passed 5-1 with Councilor Nichols voting nay. Page 10 - Council Meeting Minutes, October 22,2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING 1286 DESIGNATION OF VOTING DELEGATE - LEAGUE OF OREGON CITIES ANNUAL CONFERENCE. Mayor Jennings stated that the City is required to provide the League with the name of the City's voting delegate prior to the conference date. He appointed Councilor McCallum as the voting member and Councilors Sifuentez and Chadwick be appointed as alternates. It was the consensus of the Council to accept the appointments as designated by the Mayor. 1362 PLANNING COMMISSION ACTIONS. A) Site Plan Review #01-10 for Phases II and III of Woodburn Company Stores: Mayor Jennings requested that the Council call this issue up for a public hearing since he feels that there are some unresolved issues in the Planning Commission's dealing with this site approval. NICHOLS/FIGLEY... call Site Plan Review #01-10 for Phases II and III of Woodburn Company Stores up for a public hearing and it be scheduled for Tuesday, November 13, 2001, 7:00 pm., in the City Hall Council Chambers. The motion passed unanimously. 1441 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he had several conversations with the Police Chief about the concept of the Council giving the Police Chief or City Administrator permission to authorize street closures since many of these requests come into the office just prior to the need for the closure. He requested the Council to consider an ordinance change that would allow the Police Chief to make those decisions either all of the time or under a specified set of circumstances so that they would not need to come before the Council for approval. It was the consensus of the Council to allow staff to proceed with drafting an ordinance amendment. Councilor McCallum requested that the Council be given a report when a closure is granted. Councilor Bjelland also requested that, in the case of a denial, a provision be included that would give the applicant a right to appeal the Police Chiefs decision. 1554 MAYOR AND COUNCIL REPORTS. Mayor Jennings announced that the Police Department has an informational flyer available for the public that addresses issues relating to Anthrax. Chief Null stated that flyer will be available at various locations such as City Hall, Police Department, Library, Post Office, Schools, service clubs, and Senior Estates. Councilor Bjelland stated that there are no final outcomes on the issues before the Mid Willamette Area Commission on Transportation (MW ACT). The next meeting is Page 11 - Council Meeting Minutes, October 22,2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING scheduled for Wednesday, October 24th, at which time the commission will attempt to address concerns raised in the prioritization undertaken by MW ACT. There were 17 modernization projects before MW ACT of which 5 were fairly large projects and it was decided to prioritize those projects separately from the other 12 projects. The large projects were the Woodburn interchange, Yamhill/NewberglDundee project, 2 projects in Polk County, and I project in Marion County. A decision had been made by the commission to vote on these projects by assigning a numerical value based on the perceived ranking of those projects for funding. The two primary projects - Woodburn interchange and NewberglDundee - did not receive the high rankings as originally anticipated. In the current ranking, the Woodburn project came out as #3 and the Newberg/Dundee project came out as #4. The #1 and #2 projects were the 2 projects submitted by Polk County. In analyzing the results, the 2 Polk County projects did involve a number of deaths occurring in that area which carried a lot of weight from those commission members who were not directly related to those projects. He stated that ODOT staff was also surprised with the outcome and they felt that the Woodburn project should have been moved up to at least #2 in the presentation since neither project #1 or #2 included any leverage or matching funds. He stated that he will continue to try and get Woodburn's project pushed on to the next higher level and maybe, at that time, a decision would be made to move it up before the Oregon Transportation Commission (OTC). He stated that Woodburn did have the #1 preservation project that being the Oregon 214/Woodburn/Mt. Angel highway project which would provide some roadway enhancements on Highway 214. Mayor Jennings reiterated that the City's project needs to be pushed to the next higher level so that the members of that Commission can make a decision on the projects. It was also noted that there needs to be a consensus of all 16 voting members of MW ACT and, if there is no consensus, then a majority report and a minority report will need to be prepared. 2305 Councilor Bjelland reported that approximately 100 flower baskets were hung throughout the City. Councilor Sifuentez encouraged the Councilors to attend the Woodburn Downtown Association reception on Saturday, October 2th, beginning at 5:00 p.m.. She stated that she was approached by patrons of the Aquatic Center on concerns regarding water temperature and she will be discussing the concerns with Director Westrick. Councilor Sifuentez questioned how the residents will receive information on the Leaf Pick-up program. Director Tiwari stated that the program, which has been in place for several years, will be noticed in the Woodburn Independent and shown on the City's web-site. He reminded the public that leaves should not be placed in the pavement area since the rain will cause the leaves to be slick and dangerous to motorists and pedestrians. The street sweeper will Page 12 - Council Meeting Minutes, October 22,2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING be picking up the leaves on a weekly basis between November 5th and December 15th. Councilor McCallum stated that the Livability Task Force wanted to send out the rules in the water bills so that residents can familiarize themselves with the program. He stated that one of the concerns is that residents will bring the leaves from their backyard to the curb in order to get the City to dispose of the leaves. He requested that residents utilize other methods of disposing those leaves such as taking the leaves to the Public Works storage facility located at 300 E. Cleveland, compo sting, or placing leaves in their yard debris container which is pick-uped weekly by United Disposal. Director Tiwari also reminded the public that, after the time has lapsed for the weekly program pick-up, residents who deposit leaves in the street will get a citation for littering in the public right-of-way. 2631 Councilor Chadwick stated that she was pleased to see the newest member of the Police Department (Niko) and feels that the City will benefit from the canine program. Mayor Jennings stated that the Council will consider an ordinance to adopt the new Council Wards at their November 13 th meeting and new Ward maps will be available following the adoption of the ordinance. 2740 Councilor Figley thanked the Public Works Department for submitting the W. Hayes StreetlSettlemier Avenue pedestrian crossing project for Council action. She also questioned the placement of traffic counters throughout the City. Public Works Manager Rohman stated that the City is in the process of updating figures for the Transportation Systems Plan. As a result, the consultants who do the traffic model have offered to update the model which involves updating the traffic counts. The cost for the traffic counts are being paid for by the consultants. Councilor McCallum stated that he had attended a leadership program on terrorism which was put on by Marion County Sheriff Raul Ramirez. He felt that there were several excellent speakers from the Federal Bureau of Investigation, the military, Emergency Management Services, Public Health, and Red Cross. The basic message in the Proclamation which was read at this meeting was stressed by the speakers It was noted that federal, state, and local agencies and organizations are more aware of what is going on and how to deal with it than they were prior to September 11 tho He also stated that Attorney General Hardy Meyers was in attendance at the program and he put out a warning to all citizens that there are a number of schemes going on in the United States relating to people trying to sell products as a result of the terrorist activites and consumers need to know who they are transacting business with before they make a purchase. He also stated that he had attended the Open House at the new Tukwila Medical Center last week and the new center is an excellent facility and a beautiful addition to Woodburn. 3100 Mayor Jennings stated that Attorney Shields has informed him that there is no need for an Executive Session. Page 13 - Council Meeting Minutes, October 22,2001 8A COUNCIL MEETING MINUTES October 22, 2001 TAPE READING 3128 ADJOURNMENT. MCCALLUMlNICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:20 p.m.. APPROVED~ RI HARD JENN GS, YOR ATTEST-Lj~ ~J Mary Te ant, Recorder City of Woodburn, Oregon Page 14 - Council Meeting Minutes, October 22,2001