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Minutes - 05/13/2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 13,2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 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, Deputy Police Chief Russell, Community Development Director Mulder, Finance Director Gillespie, Park Director Westrick, Public Works Manager Rohman, Sf. C.E. Tech. Scott 0051 ANNOUNCEMENTS. A) Public Hearing: The City Budget Committee will hold a public hearing on the proposed City Budget for fiscal year 2002-03 on Tuesday, May 14, 2002, 7:00 p.m., in the City Hall Council Chambers. B) Memorial Day Holiday Closures: City Hall offices and the Aquatic Center will be closed on Monday, May 27th, in observance of Memorial Day. The Woodburn Public Library will be closed on May 26th and May 27th in observance of the holiday. C) City Council Meeting regularly scheduled for May 27, 2002 has been rescheduled to Tuesday, May 28, 2002, 7:00 p.m., due to the Memorial Day holiday. D) Town Hall Meeting on Proposed Community Center: This meeting will be held on May 16, 2002,7:00 p.m., at the present Community Center, 491 N. Third Street. Citizens interest in obtaining information on the proposed facility are urged to attend. 0133 APPOINTMENT TO LIVABILITY TASK FORCE. Mayor Jennings appointed Phyllis McKean to serve on the Livability Task Force. FIGLEY/MCCALLUM... approve the appointment of Phyllis McKean to the Livability Task Force. The motion passed unanimously. 0155 PROCLAMATION: POLICE MEMORIAL WEEK - MAY 12-18.2002. Mayor Jennings declared the week of May 12-18, 2002 as Police Memorial Week in the City of Woodburn and urged all citizens to observe May 15, 2002 as Peace Officers' Page 1 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING Memorial Day in honor of law enforcement officers for dedicated service to their community. 0290 PRESENTATION: MARION COUNTY PUBLIC SAFETY COORDINATING COUNCIL. Marion County Commissioner Mike Ryan, Chair of the Public Safety Council, provided an introduction to this presentation which focuses on Marion County's criminal justice system and the areas in which improvements need to be made, budget proposals in this area, and the direction the County would like to take in order to address the gaps in the criminal justice system. He reminded the Council that the County criminal justice system involves all of the communities in the County whether it be the police, courts, jail, district attorney's office, juvenile, parole/probation, and County mental health section as it relates to the jail population. He stated that the County budget resources for all funds are approximately $266 million of which 24% of total budget expenditures are in the health program and 20% in public safety. Since public safety has always been the County's first order of business, the majority of the budget is allocated to this area. In fiscal year 2002- 2003, Marion County is facing a multi-year deficit and the projected General Fund deficit for FY 2002-03 is $5.5 million. Public Safety will need to take a large percentage of the reductions since it is a large spending source in the County's General Fund. He stated that County elected officials and departments were asked to identify cuts that would generate not only the $5.5 million threshold but also additional cuts that would generate $8 million in reductions to give the Budget Committee and the Board the ability to make policy decisions. The issue now before the Budget Committee is to determine which reductions need to be made without making irreparable additional damage to their public safety system as well as maintaining the program and service delivery that the citizens of Marion County expect to receive. For FY 2003-04, he expressed his feeling that other General Fund departments will take deeper reductions and some of those reductions will be shifted into the public safety programs. Last fall, public safety meetings were held throughout the County in order to receive input from city officials and citizens on expectations of the public safety program. As a result of these meetings, the Public Safety Council has made a recommendation to a sub-group to finish the work on a law enforcement levy that would be referred to the Board of Commissioners in May 2002 and potentially referred to the voters in November 2002. This levy would deal with the identified gaps in a balanced way. 0838 Undersheriff Greg Olson reviewed the Sheriff Department's mission statement and the services provided which include area such as law enforcement, civil process, prisoner transport, court security, animal control, search and rescue, parole and probation, reserve/cadet program, and warrant service. Currently, the department provides 3 district offices throughout the County plus they provide patrol to communities which have no Police Departments. He stated that the state average for the number of deputies per 1,000 Page 2 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING population is 1.6 whereas Marion County has .85 deputies per 1,000 population. As a result of the community meetings, it has been recommended by the Public Safety Council that patrol coverage be increased by adding 72 deputies to meet state staffing average which will provide for increased response time to calls for service and additional deputies to do follow-up investigations and drug/gang enforcement activities. Other programs in which gaps were identified include the School Resource program, Civil Process, Animal Control, Search and Rescue, and Court services. Walt Beglau, Manager of the County's District Attorney's Office, stated that the District Attorney's office is responsible for prosecuting crime within the County. He stated that this office partners with many law enforcement agencies and these agencies must send all of their criminal cases through the County's DA office. The volume of cases has created a bottleneck in which the DA's office cannot handle all of the crimes being submitted which results in the criminal being given immunity when the cases cannot be handled by the DA's office. With the current budget constraints, the DA's office has been unable to prosecute 300 felony narcotics a year plus hundreds of misdemeanor cases in which the DA's office has had to make policy decisions regarding prosecution. Current budget constraints have also resulted in higher caseloads for each prosecutor thereby reducing the number of hours a prosecutor can devote to a case. The proposed budget reduction would layoff up to 4 prosecutors which may result in the DA's office inability to prosecute any misdemeanor in Marion County and may go as far as non-person felonies such as theft in the first degree. Undersheriff Olson then reviewed the Adult Supervision Department which includes corrections and parole/probation. He reviewed the current services provided by the department in this area and reviewed the service gaps which were identified through the community meetings. For the Adult institutions, it has been recommended to increase staff level by 12 deputies and 3 facility security aide positions and to look at ways of increasing the inmate beds. In Adult Parole & Probation, it has been recommended to add 20 Parole & Probation officers to provide adequate supervision and to provide more treatment services to the offenders. It was noted that since July 1, 2001, corrections has lost 208 inmate beds in order to stay within their budget. Larry Oglesby, Director of Juvenile Department, also provided his department's mission statement with the primary roles of the department being 1) hold youth accountable for their delinquent acts and, 2) provide the youth with some reformation and rehabilitation opportunities so that they can get their lives turned around. He reviewed the programs offered which include detention and intake, educational programs, alternative programs, counseling, and family support programs. The department currently has 25 probation officers that supervise about 1300 youth on formal probation and approximately 300-400 on informal probation. Gaps identified include lack of beds and staffing level and ability to provide programs for delinquent youth which will assist in the rehabilitation and treatment process. Initial budget recommendations for fiscal year 2002-03 include elimination of positions such as probation officers, group workers, youth and family counselor, and Page 3 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING probation supervisor; closure of the Stayton and Woodburn offices, and closure of the day reporting center. 2089 Commissioner Ryan stated that the County is now in the process of initiating their budget discussions and many of the reductions will be shown in the County's final budget for fiscal year 2002-03. He stated that the cuts will take effect on July 1, 2002 and they will be looking into a criminal justice levy which would not go into effect until July 1, 2003. The levy being discussed by the Public Safety Council would provide approximately $14 million annually and it would levied annually over a 4-year period. He expressed his appreciation to the Council for allowing them to make the presentation on the status of the criminal justice system within the County. He also requested that the Council either formally endorse or state the Council's positive feelings on the Public Safety Council's work to the County Commissioners. 2403 PRESENTATION: MARION COUNTY URBAN GROWTH MANAGEMENT PROJECT. Sterling Anderson, Planning Manager for Marion County Planning Division, stated that the Board of Commissioners had adopted a coordinated population projection for Marion County and all the 20 cities in Marion County in 1998. This decision resulted in the need for more in-depth information and funds from the State were obtained to offset costs for a planning consultant to assist with this project. John Fregonese, planning consultant, stated that the first phase of the project was to develop basic data and involve the public by (1) polling them to find out their interest and issues, (2) establishing evaluation criteria, and (3) forming a stakeholder's committee. A model was then established that would identify how much land each of the cities in the County would need under various population assumptions. Workshops were then held in Woodburn and Silverton to invite the public to share their plans for land requirements and population projections. Phase II of this project was to select the best option and policy package for the County to adopt. The following three alternatives were developed: (1) increase County population increase by 60% over the next 50 years, (2) hold the urban growth boundaries to current size and focus growth along 1-5 which would include Woodburn, Gervais, Donald, Hubbard, and Aurora, and (3) look at which cities would be able to provide for infrastructure such as Woodburn, Silverton, Stayton, and Salem. The third alternative seemed to be the one most accepted by city representatives which would meet the most policy goals of both small and large cities. Phase III took the third alternative and, with Woodburn's population growing faster than its forecast, he suggested that this would be a good opportunity for the City to enter into a discussion with the County to develop a long range plan to accommodate the expected growth (Growth Management Framework). The implementation process is now being prepared and, even though state law looks at a 20 year forecast, it is being proposed that the County plan look beyond 20 years to 2050. The Growth Management Framework would Page 4 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING be a part of the Marion County Coordination Plan and common goals for all cities along with specific forecasts and general plans for each city would be included in the document. The County Planning Department would like cities to submit comments to them regarding the current proposal and make suggested adjustments in order to make the proposal work for the city. As part of implementing the Growth Management Framework, the City would need to revise the City/County Urban Growth Boundary agreement in order to address the topics identified in the Framework. He stated that the City's current census is 20,100 and the 2020 forecast is 26,000 while the Framework proposal for 2050 is 38,000. To accommodate the projected growth to 38,000, an additional 548 acres would be needed by the City with the area projected for growth being to the south and east of the city limits. He reiterated that this project was done through coordination with the cities, citizens, and staff and, even though it is not perfect, it focuses on trying to obtain a general long range plan. He stated that Woodburn has been growing faster than the County as a whole and, ifforecasted out, it would reflect 45,000 rather than 38,000. He reiterated that the total projected population of the County has to be balanced county-wide as part of this Framework. The Framework will be reviewed by the County Board and the basic Framework adopted would be a the Marion County Comprehensive Plan Chapter dealing with local coordination. It was requested that the City submit a letter of support to the County Commissioners before the public hearing. 3676 Councilor Figley expressed her opinion that the population figures for both 2020 and 2050 are extremely low and, as far as 2020 population for the City's public works facilities, the City is estimating 40,000 which is substantially higher than the County's proposal. She appreciated having the Transportation component considered at the County level and it is hoped that there is the opportunity for Woodburn to talk not only with Marion County but with other cities in our area on transportation issues. Councilor Bjelland stated that an important element of this document is that there will be inter-city agreements and it will be very important to look at the driving factors of growth in each of these areas and to make the appropriate plans to handle that growth. By having a process that involves neighboring cities can be an important element in dealing with Woodburn issues even to the extent of dealing with other issues such as urban growth boundaries and transportation. In general, he is in agreement with the process but there are specific issues that need to be used in the common process involving the County and other cities. Mayor Jennings stated that the presentation was well-done, however, he felt that the Council needs to be given some additional time to review the material before comments will be submitted to the County. Councilor McCallum stated that it is very important that the City does not get locked into a plan until the City examines how this plan will work with what the City has already done. Additionally, the City needs to be able to communicate with surrounding cities on Page 5 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING this plan. Administrator Brown that, based on the Economic Development Program adopted by the City last year, staff has been trying to consolidate all the various periodic review tasks in order to get the City in a position to try and expand the City's urban growth boundary. Staff met with the County last week to talk about the coordinated population number for the purpose of trying to run some alternatives in this study that might be more realistic given the growth the City has experienced in the last 10 years. For the 2020 planning window, staff is looking at 35,000 population even though the City had other scenarios that would have a greater population by 2020. At this time, the staffhas a gentleman's agreement with the County that the 35,000 number can be used provided that the City coordinates with them more closely and this project would be one of the better ways of working with them. Staff would like to schedule a workshop with the Council in the month of June and the City's consultant who is working on the City's periodic review will be in attendance to provide an analysis of the document along with some recommendations for the Council to consider in providing a letter back to the County. Councilor Figley questioned if Marion County was talking to the adjoining counties since issues such as transportation and development cannot be evaluated in isolation from what is going on the metro area. Mr. Fregonese stated that they are trying to coordinate with Mid- Willamette Valley Council of Governments which includes Marion, Polk, and Yamhill counties. There is knowledge of this process at the State level and in the Portland-Metropolitan area when transportation planning is addressed. The forecasts in this plan would be used by these jurisdictions when they do their transportation modeling. Lane County is also trying to do this type of coordination but, other than that, there is very little coordination going on within the State. Marion County has a long history of cooperation between cities and this plan will provide the basis for other entities to plan in terms of the larger transportation picture. 4732 CHAMBER OF COMMERCE REPORT. Walt Blomberg, representing the Chamber, distributed the Chamber's report which reflects a steady increase in visitors and, in the month April, there were twice as many out- of-state visitors who visited the Chamber office. He also pointed out the increase in e- mail and web-site hits which shows that there is interest in either learning more about Woodburn, relocating to Woodburn, or starting a business in Woodburn. Upcoming Chamber events are as follows: 1) On May 17th, the annual Chamber Golf Tournament will be held at Senior Estates; 2) On May 21 S\ the Leadership Youth group will be installing playground equipment which is a City project; and Page 6 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING 3) On May 22nd, there will be lunch at the Rose Room, 12:00 noon, honoring those students who have been through a year of training in conjunction with the City, Chamber, and School District. Councilor McCallum congratulated Walt Blomberg on his recent appointment as the new Superintendent of St. Helens School District beginning July 1, 2002. 5120 CONSENT AGENDA. A) approve Council minutes of April 22, 2002; B) accept the Planning Commission minutes of April 11, 2002; C) accept the Livability Task Force minutes of March 26,2002; D) receive the Police Department Activities Report for February 2002; E) receive the Building Activity report for April 2002; F) receive the Planning Tracking Sheet dated May 1, 2002; G) receive the Library Monthly report for March 2002; H) claims for the month of April 2002; I) receive the memo regarding Michael Culver v. City of Woodburn; and J) authorize the Mayor to sign the Modified Development Agreement with Hidden Creek Properties, LLC. FIGLEY/SIFUENTEZ... consent agenda be adopted as presented. The motion passed unanimously. 5152 PUBLIC HEARING: ZONE CHANGE 02-01 AND SUBDIVISION 02-01 (Property located at 888 Brown Street). Mayor Jennings declared the public hearing open. Councilor Figley stated that she did look at the affected property yesterday which was educational and the role that it plays in her ultimate decision she will state publicly at the appropriate time. Community Development Director Mulder read the land use statement required by ORS 197. He stated that this proposal is to change the zoning on a portion of the subject property and a request for approval of 13-lot subdivision on the 2.83 acre parcel ofland. The property is located north of Comstock Avenue and currently has zoning designations of single family residential and Marion County Urban Transition Farm. Last year, the southern portion of this property was annexed by the City as part of the island annexations but, at that time, no zoning designation was applied. As part of the newly adopted Woodburn Development Ordinance, this property was included in the zone changes within the ordinance, however, this does not take effect until July 1, 2002. The applicant had requested to continue with the zone change so that they could proceed with their development prior to July 1 st. The proposed subdivision lot sizes would range from 6,200 sq. feet to 14,155 sq. feet with all but 3 lots to be accessed off of an extension which is Page 7 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING currently shown as Robin Street. In regards to the street name, there is an existing Robin Street which has a house currently addressed as Robin Street. The applicant proposed to name the cul-de-sac Nugget Court but that would be in conflict with the existing street name. Another issue that complicates the street name is that there is already a Robin Avenue located on the north side of Miles Chevrolet in the West Woodburn area, however, there are no properties addressed off of Robin Avenue and it is unlikely that there would be any properties addressed off of that street. Staff is recommending that the cul-de-sac be named Robin Court and it would be at the option of the property owner on Robin Street to change their address to Robin Court. The Planning Commission has recommended approval of this proposal with the conditions that are outlined in their final order. Councilor Figley stated that the Council had previously approved a large development in that same area and her concern is that Brown Street is close to capacity and it does not have adequate sidewalks. She realizes that for a development of this size it would not be appropriate to impose the same type of conditions as might be imposed on a 300 lot subdivision, however, there may be a situation in which future property owners may be included in a local improvement district for Brown Street. She questioned if a Brown Street LID was ever brought up by the staff or Commission since infill will ultimately add to the traffic volume on the surrounding streets. Director Mulder does not recall if this issue was ever discussed by Public Works. The roadway in front of the site is already improved so there was no requirement for that portion of the street to be improved. Director Tiwari stated that the LID boundary is determined by the benefit received and it is not known at this time what benefit this development would receive in ratio to some other properties that are in the surrounding area. Councilor Figley questioned if a waiver of non-remonstrance had been discussed that would provide home buyers with some advance notice that a future financial obligation may be assessed as a result of a local improvement district. Mayor Jennings questioned if sidewalks are currently in place along Comstock Avenue. Staff stated that sidewalks along Comstock Avenue are being constructed with building permit issuance. Tape 2 0046 JeffTwenge, representing the applicant T7 Development, Inc., stated that they had proceeded with the zone change application process in order to get the zoning change designation approved before July 1, 2002. In regards to the street name, it is not material to their subdivision and the issue was brought up by the Fire Marshall that they would like to see the street name changed. Additionally, he had received a letter from the Fire Department stating that they did not have an objection to changing the street name to Nugget Court. Mr. Twenge stated that they would change the name to whatever name the City would like it to be called. Page 8 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING Director Mulder stated that the Planning Commission did not make a recommendation regarding the street name issue. Further discussion was held regarding changing the name of either Robin Street off of Comstock or Robin Avenue in West Woodburn. No one in the audience spoke in opposition to the proposed land use issue. Mayor Jennnings declared the public hearing closed. Director Mulder stated that changing a street name is done by ordinance and, once that has been adopted, the City would send notification to the property owner of the new street name. Administrator Brown stated that the City still does not have a procedure in place for changing street names. In the reviewing procedures followed by other jurisdictions, the potential parties affected would receive a notice prior to the Council consideration of a name change and a public hearing would be held to give the property owners an opportunity to express their views. Even though the City does not have a procedure in place, he suggested that the City hold a public hearing before any action is taken by the Council. Councilor Bjelland questioned if a subdivision can be approved with the street name held in limbo until it is recorded. Director Mulder stated that there is no need to name the street until the plat is actually recorded which could be another six or eight weeks before the applicant is ready to proceed with their development. FIGLEY /NICHOLS ... concur with the Planning Commission's Final Order and approve Zone Change #02-01 and Subdivision #02-01, and instruct staff to prepare an ordinance supporting that decision. The motion passed unanimously. 0742 PUBLIC HEARING: BOONES FERRY ROAD LOCAL IMPROVEMENT DISTRICT (LID). Mayor Jennings declared the public hearing open and asked for any declarations or potential conflict of interest from the Council. Councilor McCallum stated that he lived and owns property in the proposed LID and, with this passage, he could have a financial gain, he declared a conflict of interest and would not participate in the voting or discussion on the matter. Public Works Director Tiwari presented the staff report outlining the local improvement district process and the steps taken by the City to date. The public hearing notice was published as required and notices were sent to affected property owners to provide them information on the proposed assessment and inform them of the hearing date to discuss the issue with the Council. He stated that there has been substantial growth in that area over the last several years and there is a need for sidewalks, bicycle lane, and a refuge lane on this arterial street in order to make the roadway safer for motorists, bicyclists, and pedestrians. The estimated cost for this particular local improvement district is $1.3 Page 9 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING million of which the City will contribute towards the cost of the improvement. He stated that the Boones Ferry Road improvement will encompass the area from Goosecreek north to the north city limits. The project will include the widening of the road to 3 lanes with the middle lane being a turn lane, a bikeway, and sidewalks. Since this roadway is considered an arterial, the depth of the pavement will be greater than what is required for a two-lane local street. Entered into the record were written remonstrances from Heritage Park Meadows (Lots 1-46), William Powers (940 Tukwila Dr), Don Lindstrom (2298 Boones Ferry Rd), and Donna Baker (1231 Anna St.). Director Tiwari stated that the proposed cost share is similar to other local improvement districts within the City. The proposed assessment to property owners is based on a 34 foot local street width and the cost associated with the additional width, bikeways, and depth of street will be paid for through City funds. In calculating the individual assessment, the method used to determine the cost was a combination ofland area (25%) and trip generation (75%). The trip generation number was taken from the technically accepted National Transportation Engineer's Manual. Properties in which Boones Ferry Road is considered to be a primary access would be charged at 100% of the assessment calculation whereas those properties in the reduced area since Boones Ferry Road is considered as a secondary access would be charged at 65% of the assessment calculation. He stated that there is some property located on the west side ofBoones Ferry Road near the north city limits which is currently outside of the city limits, therefore, the City cannot assess these parcels of property. As a result, staff contacted Marion County and the County has agreed to pay the charges that would otherwise be charged to those properties. The City's share of the project cost is approximately $548,718 which pays for the capacity improvements and two-thirds of the cost to underground utilities. The cost to benefitted property owners is estimated to be $811,062 and $14,000 from Marion County. He reiterated that the total estimated project cost is $1,374,747. He also stated that the developer of Heritage Park is willing to contribute approximately $65,000 to offset assessments to property owners within their particular development. A ten-year payment plan is available to property owners who wish to pay the assessment over a period of time and the interest rate to be charged by the City will be 6.5%. The interim financing proposed by staff involves interfund borrowing rather than borrowing money from a financial institution. In the City's proposal, the cost to the property owner will not be anymore than what has been published and any costs in excess of the estimate will be absorbed by the City. Councilor Bjelland questioned how the assessment was calculated for the parcels of property located outside of the city limits. Director Tiwari stated that the assessments were calculated at the same method as all other properties by using land area (25%) and trip generation (75%). The trip generation figure was based on the approved process whether City or County and, at this time, there is only one unit on each of those properties. 2406 Mayor Jennings stated that he would be exercising a prerogative of the Chair and limit Page 10 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING testimony from individuals to 5 minutes. No one in the audience spoke in favor of the proposed local improvement district. Layne Rowell, 2603 Colony St, stated that he has been a resident since 1999 and it has only been in the last year or so that he has felt that the road improvements are really warranted. He spoke in mild opposition since he did not entirely agree with some of the assessments in the plan since Boones Ferry Road is a major arterial coming into the City. Boones Ferry Road will see an increase in traffic as the City continues to growth and he feels that the burden placed on the property owners in the development in which he lives could easily be disbursed out amongst other parts of the City. As an example, he stated that Boones Ferry Rd is used by motorists to get to Arney Road and Woodburn Company Stores in order to avoid Highway 214/1-5. He stated that he is glad that he is a Woodburn resident, however, he did want to speak to the Council and share his perspective. William Christiansen, 1263 Bernard Dr., stated that he has just recently built and moved into his home, however, he was surprised to see that the assessment was being proposed since he thought that he had paid all of the assessments and fees when he purchased his home. He agreed that Boones Ferry Road needs to be improved but he questioned the City Attorney as to what the legal basis is for the proposed selective assessment and how one gets around equal protection under the law. Even though he does not expect an answer at this meeting, he did feel that these were issues. Mark Leach, 1232 Arlington, stated that he had purchased his home approximately two years ago and he had thought that all of his fees were paid. He felt that some improvements could be made to Boones Ferry, however, he did not feel that bikelanes were essential since very rarely do bicycles travel that roadway. Additionally, the foot traffic on that portion of the road is also limited since most pedestrians stay within their development. He stated that he is currently struggling to make necessary mortgage and tax payments and he did not feel that the road improvement would benefit his property. In his opinion, the City and County should absorb the cost of the improvement since they are the main beneficiaries. He was also concerned about the potential increase in truck traffic on Boones Ferry Road to Hubbard or Canby once the street is widened. Burton Holcomb, 2345 Miller Court, stated that he has been a resident of Woodburn for 5 years and shares the concerns of earlier speakers in that Boones Ferry Road is an arterial street that is shared by much more than the residents outlined in the local district improvement. Therefore, a majority of the cost should be incurred by the City. He also felt that the property owners in this proposal should have a greater voice in this process by a vote or some other method since he feels the costs are too burdensome on the property owners and should be apportioned differently. Rosemary Hammack, 1320 Althea Street, stated that she has lived in Woodburn for 23 years and agreed that Boones Ferry Road needs to be improved but felt that these Page 11 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING neighborhoods should not bear the whole cost. She expressed concern that some property owners live on limited income and the additional assessment is not acceptable. She reiterated that as an arterial, motorists from all over are using this roadway and yet the property owners in the area are being asked to pay the majority of the costs. She urged the Council to look at other options in determining how to pay for the improvement cost. Wade Anderson, 2589 Patriot St., stated that he serves as the Board President of their Neighborhood Association and their group came up with the same opinion in regards to the arterial in that the roadway use is something that expands beyond the current neighborhood. Another issue they thought was interesting was that the primary entrance for Senior Estates happens to be off ofBoones Ferry Road, however, they are have not been included in any part of this assessment. Another issue is that Country Club Road will also have a future LID to improve that street, however, much of that street was torn up similar to Boones Ferry Road to take care of the water system improvements. For their particular development, they will be also be paying for a majority of the cost for Country Club Road. They would be surprised if Senior Estates is excluded from that LID since many Senior Estates residents use Country Club Road to access Boones Ferry Road. Mayor Jennings stated that the Country Club Road improvement is part of the total overall project but the Country Club Road portion has not been brought before the Council as of this date. Mr. Anderson stated that, from their perspective, they are excited about some of the improvements being looked at since it has been a safety issue for quite some time. 3 286 John Bechtold, 2510 Patriot St., stated that Boones Ferry Road is clearly a road that has been in use for close to a 100 years and he reiterated that, even though notice is in the paper, not all residents receive the newspaper. He appreciated receiving the additional notification but clearly this is a very small representation of the number of people involved and he feels that it would be in order that, if this is pursued, a greater representation of the people involved have a say in this proposal. Bill Cox, Attorney representing Tukwila Partners, Hazelnut Partners, Renaissance Homes, and United Properties, stated that he did not believe that the City could impose this LID on houses that have paid a systems development charge (SDC) or a Transportation Impact Fee (TIF). This whole roadway is under the TIF Capital Improvement Plan and it is from Highway 214 to the urban growth boundary. He read an excerpt from the TIF program which was adopted in 1999, but has been in place since 1993 in some form,: "....basically, the TIF fee has been paid by new construction on each house is to be paid by new development (reading from page 7 of 10/29 TIF program). The SDC is paid by new development and it meets the rough proportionality requirement because it is based on the impact of each specific development on the transportation facilities for which the SDC is charged. The TIF is based on the impacts of new trips and the SDC rates are calculated based on specific impacts a development is expected to have on the City's transportation system. . . ." . One other comment out of that same document on page 5 talks about the Page 12 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING Dolan test and the rough proportionality and it says".... the concept of rough proportionality is applied by insuring that new growth is not required to pay an amount beyond the level roughly proportionate to the new development's impacts on facilities through the use of nationally recognized standards for levels of service and trip generation...". He stated that the City's SDC's are based on trip generation which is the same trip that is being now requested to pay for the LID. That same 9.57 trips that the City's engineer talks about from a residential structure is now being hit a second time and that is not the intention of the City's SDC program. The SDC program was designed to pay for these arterial improvements as growth occurred. He could see the requirement of having a house that accesses directly onto Boones Ferry pay a fee because that has direct access. All of the other roads have been built by the developers at their own expense. The City doesn't pay for local streets and that is why the SDC is designed to cover arterials. He stated that there are two areas in a portion of Tukwila that have conceptually been talked about to be developed but in fact cannot be developed because when the last subdivision that was approved there, the Council said that there would be no more subdivisions there until there is a secondary access. There is no secondary access and, until that ground is brought into the urban growth boundary, there will not be a secondary access. He does not understand why the engineer projected 5 units per acre on this property when no approval has been given and the property owner is requested to pay full fees for each of those 5 units. He feels that there is a portion of land that cannot be taxed or would fit with the LID at this time because there is no approval only a mere projection. He stated that they have had trouble with this whole Tukwila program all along because initially it was thought that a PUD was approved and all of these individual subdivisions. He reiterated that the City is acting beyond their scope of authority and cannot pass this LID. If the LID is approved, he feels that the City will end up in court. 3845 John Baker, 2355 Miller Ct., stated that he believed in the merits of the project and Boones Ferry Road is a highly used venue that does need improvements. However, in this case, he did not believe that the LID is a means to accomplish that goal. He felt that different options needed to be explored regarding the funding of the project. Traffic impact fees have been increasing over a period of time and in 1999, they were approximately $900 per house being constructed, while in 2001 the fee was approximately $3,000 and the current fee is $3,300. He feels that these fees have been increasing to do what Mr. Cox was talking about to help alleviate future growth the City is going to encounter by providing a fund to improve those streets as needed. He suggested that the City look at local bond issues, federal funds, or other financial sources to pay for the proposed improvement. Betty Gemma, 1209 Henry's Blvd., stated that her home abuts the brick wall which parallels Boones Ferry Road and the new road will be coming up next to brick wall. She stated that she has been a resident of Woodburn for 5 years and has seen the development going on around her and, as a result, her property value has decreased due to the type of Page 13 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING development that is going on around her property. She questioned if this improvement would further decrease her property value. She agreed with many of the individuals that have spoken on this issue and she has seen a lot of trucks traveling that roadway which further deteriorates the roadway. The road does need improvement but motorists within their development are not the only ones who use this roadway but they are being affected by everyone else who uses this roadway. Gene Kraiter, 11700 SW Ashwood Ct, Tigard (property located at 2337 Miller Ct.), stated that he was under the impression that he had paid his fees that were related to road improvements but was surprised to see this LID information. He agreed with the other individuals who addressed the Council in that the people who are living in the immediate area use the roadway substantially less than everybody else who uses that roadway. He stated that when he comes to Woodburn, he does not travel 1-5 since that is the slowest way to get to Woodburn. Instead, he comes down Boones Ferry Road and to get to the outlet mall he also travels Boones Ferry Road. He also questioned if the size of his lot will dictate that he will use the road more that someone who will have a smaller lot with 3 teenage drivers. He did not understand how the City could assess their evaluation on the fees according to lot size. For the record, he gave a written remonstrance to the City. Steve Resch, 2610 N. Boones Ferry Rd., stated that he is an affected party who has 3 small children under the age of 5 and they do have a fenced backyard where the children play since the 35 MPH is not enforced and something needs to be done. He feels that the road should have been improved when the developments were approved by the City rather than the older homes incurring the cost. The City should have had the foresightedness to have had the road improved a long time ago and the Council is not representing the City of Woodburn. He did not feel that this is a democratic government. He stated that the road does need to be fixed but there are very few people that walk along Boones Ferry Road because it is dangerous. When a turn lane is constructed, the speed on the road will increase which will make the situation worse. He stated that the people that live in the area do use the road and are willing to pay their fair share but this is about a community that uses the roadway to drive north or bypass the interchange. He is willing to do his part but he will be losing half of his front yard whereas the other property owners in the proposed district only have to come up with money. He also had an issue with constructing a bikelane as part of the improvement. Teri Betts, 563 Ironwood Terrace, expressed her feelings that it had been made very clear from the testimony that Boones Ferry Road is a main arterial that a lot of people are using and she does not believe that they are the majority users of the roadway. She does not feel that the burden of payment should be placed on people that live in the proposed district. She stated that there are wide gravel roads and she goes for walks along Boones Ferry Road almost everyday and cars are traveling fast and if the road is improved, the speed will increase even more. She stated that the OGA has not even been mentioned even though there is extreme use from both directions to use the golf course. In her Page 14 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING opinion, the traffic is so fast that it is of more concern than improving the roadway. She stated that, even though she sent her children to private schools, she still voted for school levies since it benefits all citizens and if this road is going to be used for all motorists, then it should be paid for by all. She is willing to pay taxes to better the life of a lot of the people that live here, but did not feel that it was fair to tell her that she would have to come up with more money to make a road better that she does not feel needs to be better. 4885 Mayor Jennings stated that there were 3 remonstrances that would be entered into the record. Councilor Bjelland stated that Mr. Cox did represent a number of parties and he did have some interesting things to say. From his own perspective, ifMr. Cox feels that he has some additional points to make that have not been made by himself or by other people, he would be willing to give him a few more minutes to make those points in the interest in getting as much information as possible on this issue. Director Mulder stated that there were 4 remonstrances in opposition entered into the record. The Mayor stated that he would give Mr. Cox another 5 minutes. Bill Cox expressed his appreciation for the opportunity to make additional comments, however, he felt that the public has spoken about the same concept that he would like the Council to consider. Almost all of the houses in the proposed assessment district have been built since 1993 or 1994 have paid an SDC fee which is on that portion ofBoones Ferry Road which is on the Capital Improvements list. He did not think that it was proper to come back and ask those people to contribute again since they are still making only that same 9.57 trip per day. He feels that it is contrary to the whole concept of the City's TIF fee. Roy Smith, 2580 N. Boones Ferry Road, expressed his opinion that the assessment is ridiculous because it is exactly what he pays for property taxes. He stated that he retired from the military and he works as a roofer but this assessment is more than he can afford at this time. He feels that this assessment is charging him twice for property and some of his property will be taken away when the road is widened with sidewalks. He purchased the property 4 years ago with a certain amount of land that came with it but some of it is now going to be taken away. He is considering the sale of his property in the near future and will probably see a property value loss. Mayor Jennings stated that he did not think that the City was taking anybody's property rather the City is taking what is in the State right-of-way which is in our right-of-way today. The City is not going into anybody's private property and even though a property owner has planted lawn on it, the right-of-way belongs to the City. Sandra Mosier, 1573 Arlington Ave., stated that the purpose for her attending this hearing was to be informed about the LID. Prior to this meeting, she was for this project because she does see the need for sidewalks but, as the individuals have spoken during this hearing, Page 15 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING she is now in opposition to the proposed project. She related a personal experience in which it took it her 20 minutes to get out of Lincoln School parking lot in order to get back to her home in the Miller Links development. She requested that the Council take this information into consideration in that it is not just the developments being assessed that are the cause of the problem. 5580 Public Works Director Tiwari stated that the LID process looks at the way to determine the benefit and there are many ways to determine the benefit one of which is trip generation. Other methods include, but not limited to, area and valuation. There is a judgmental decision to be made by the governing body and, even though one method has been used in the past on other projects, it does not mean that another method could be used in this case. He stated that trip generation is being used as a basic method of impact in this case. Many individuals have expressed their opinion that the amount of the dollars charged is rather large compared to what it should be and that there ought to be more contribution from the traffic impact fees. He stated that the traffic impact fees are for the capacity. He stated that the OGA golf course is included in this assessment and their impact has been included in the analysis. There was an issue brought up about the turn lane and the traffic backup to get out of the school parking lot and he stated that it the turn lane will give a little more stacking area. He stated that the City has followed the legal requirements in noticing this proposed LID in addition to sending out letters to property owners to let them know what is being proposed and of the hearing date and time. He reiterated that the City has never denied that Boones Ferry Road is an arterial street which is why the staff has proposed that there be a contribution from Traffic Impact Fees in addition to the assessment. It may be considered that the amount of the City's contribution should be larger but the reason for the use of the Traffic Impact Fees is because it is an arterial. Traffic Impact Fees are for overall City-wide plan and not for one local street. He stated that property is not taken away by the City for any means and if there is a property that belongs to the private property owner and, if for some reason the City needs to acquire some land, there is a process followed by the City to acquire the land with proper compensation. It was noted that the City has not condemned any property over the last 26 years while he has been with the City. 6212 City Attorney Shields stated that he had placed a memo in the Council's packet that related to a procedural issue since the City is not using a land use procedure, therefore, there is no specific hearing procedure is applicable. However, he pointed out that Courts have found that if there is a significant impact on surrounding land uses then a land use procedure does need to be followed. After looking at the material submitted by Public Works and Planning, he believes that the record could be a little more complete in that regard and, if that is done, it would make the Council's final action on this matter more defensible. He feels that it is proper in this case with a developed area and, with a road as Page 16 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING outlined on the map, that this improvement does not seem to affect the surrounding land uses. He recommended that a motion be made to leave the record open until 5:00 p.m. on May 22, 2002 to allow the Planning and Engineering staff to supplement the record and to address the significant impact issue, and, if that action is taken, then close the hearing and LID process which would then the conclude the testimony other than the limited procedural issue. He stated that the Public Works Director's staff report also has a second proposed motion in which case at the same meeting the Council could consider taking some action on all of the testimony and materials received by May 22, 2002. FIGLEYIBJELLAND ....leave the record open until 5:00 p.m. on May 22,2002 in order to allow the Planning and Engineering staff to supplement the record to further address the issue as to whether the proposed LID constitutes a significant impact on land use decision. The motion passed unanimously (5-0). 6643 Mayor Jennings declared the public hearing closed. Tape 3 BJELLAND/NICHOLS... direct staff to perform an analysis on the public input received, present a recommendation for further action at the next regular scheduled Council meeting. Councilor Bjelland stated that, based on what he has heard during this hearing, much of their concern has been on the issue of whether they will be paying more for the street because of its arterial designation and of the way it is going to be built. Even though the City has had this same issue with East Hardcastle, he is not really sure that it came across clearly to everyone that the way the assessments were being proposed by the Public Works Director is to only charge properties in the assessment district as if it was a local street. Any costs for changing that from a local street to an arterial street is being absorbed by the City's share of what the Public Works Department has proposed. In addition, there has been discussion on the SDC's and TIF's that have been collected from property owners in the affected and whether or not that should be used to pay for the improvements to Boones Ferry Road. As indicated, those SDC's and TIF's are to be used to address all transportation issues that face the City and not just Boones Ferry Road. A significant amount of those monies are being used to fund the City's portion ofBoones Ferry Road. He stated that he is a member of the Mid Willamette Valley Area Commission on Transportation which allocates ODOT monies to be allocated on the State highway system and projects that Woodburn has a significant need for include the 1-5 interchange and the widening of Highway 214. Those projects alone constitute a potential $40 million investment of which the City will be asked to come up with a significant portion. Additionally, there are other areas in the City that need improvement, therefore, the SDC's and TIF's need to be spread amongst other areas that have potentially greater impacts on all residents of the City and not just the Boones Ferry Road area. Admittedly, Page 17 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING Boones Ferry Road is an arterial if you look at what Woodburn's population will be in 20 years and the turn lane, bikelane, and sidewalks are needed to handle the traffic in the future. Some tough decisions will be faced on how the improvement will be financed if the improvement is made and he thanked the public for their comments on this issue. He also requested that the public understand the issues the Council needs to face and the types of decisions the Council will need to make. Mayor Jennings reminded the public that the LID before the Council is only part of the total project while the improvement from Goosecreek south to Highway 214 is not even at the LID process as of yet. He stated that there will be SDC' s being contributed to that portion of the total project once the engineering report is completed. 0328 The motion passed unanimously (5-0). Councilor McCallum resumed his seat at the Council bench for the rest of the meeting. Councilor Bjelland stated that, in regard to 13-lot subdivision approval, the condition of approval in the agenda packet shows that Robin Street would be the name on the final subdivision plat whereas the motion, based on Council discussion, was to leave the option open for a street name. Director Mulder stated that there was no condition of approval in the Planning Commission's final order regarding the street. They did have a recommendation as part of their final order but it was not attached to the project. BJELLAND/FIGLEY... the Council's previous approval includes the recommendation that the stub street be named Nugget Court in Zone Change 02-01 and Subdivision 02-01. The motion passed unanimously. 0350 COUNCIL BILL 2385 - ORDINANCE AMENDING ORDINANCE NO. 2300 (THE 2001-02 MASTER FEE SCHEDULE) TO INCREASE THE NON-RESIDENT LIBRARY CARD FEE FOR NON-RESIDENTS OF THE CITY RESIDING INSIDE THE CCRLS SYSTEM BOUNDARIES. Councilor Chadwick introduced Council Bill 2385. Director Mulder 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 Jennings declared Council Bill 2385 duly passed with the emergency clause. 0693 COUNCIL BILL 2386 - ORDINANCE ADOPTING PROCEDURES TO PREPARE Page 18 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING FOR AND CARRY OUT ACTIVITIES TO PREVENT. MINIMIZE. RESPOND TO OR RECOVER FROM EMERGENCIES: PROVIDING A PROCESS FOR THE DECLARATION OF A STATE OF EMERGENCY: GRANTING THE AUTHORITY TO ORDER MANDATORY EVACUATIONS: AND PRESCRIBING A PENALTY. Council Bill 2386 was introduced by Councilor Chadwick. The two readings of the bill were read by title only since there were no objections from the Council. Mayor Jennings complimented Deputy Chief Russell on the Emergency Management document that was developed and will be adopted by this ordinance. Deputy Chief Russell stated that he had worked with the City Attorney on this plan and he feels that it will serve the City well in the future. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2386 duly passed with the emergency clause. 0810 COUNCIL BILL 2387 - ORDINANCE RELATING TO IMPROVEMENTS TO EAST HARDCASTLE AVENUE FROM PACIFIC HIGHWAY 99E TO THE EAST CITY BOUNDARY: ADOPTING THE LOCAL IMPROVEMENT DISTRICT: DIRECTING THE CONTRACT AWARD: AND PROVIDING FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE LOCAL IMPROVEMENT DISTRICT. Councilor Chadwick introduced Council Bill 2387. Director Mulder 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 Jennings declared Council Bill 2387 duly passed with the emergency clause. 0894 COUNCIL BILL 2388 - RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 2002-03. Council Bill 2388 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 2388 duly passed. 0933 CONTRACT AWARD: EAST HARDCASTLE STREET IMPROVEMENTS. Bids for the East Hardcastle Avenue improvements were received from the following contractors: Wayne Jeskey Construction, $309,091.12; Gelco Construction, $336,670.00; D & D Paving, $341,092.16; C R Woods Trucking, $342,959.49; Parker Northwest Paving, $350,249.10; Emery & Sons, $356,895.22; Valley Pacific Construction, $365,054.90; Morse Bros., $366,359.00; North Santiam Paving, $369,395.50; Kerr Contractors, $393,349.25; Roy Houck Construction, $401,414.20; Canby Excavation, $409,065.09; Salem Road & Driveway, $440,068.70; and Dirt & Aggregrate, Page 19 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING $489,761.60. Staff recommended the acceptance of the low bid which was 23% below the engineer's estimate. FIGLEY/SIFUENTEZ... construction contract be awarded to Wayne Jeskey Construction in the amount of $309,091.12 for the East Hardcastle street improvements. The motion passed unanimously. 0981 PLANNING COMMISSION ACTIONS. A) Variance 02-01: Planning Commission acceptance of Planning Director's decision to approve a minor variance to reduce the required rear yard setback on a single-family residential lot located in the Heritage Park Phase 3 Subdivision. No action was taken by the Council on this administrative decision. 0994 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he and the Mayor had met with ODOT staff and Senator Peter Courtney to talk about a strategy to try and fund the interchange improvement using the second round of Oregon Transportation bond monies which amounts to about $100 million state-wide. The City had tried to get recommended for funds as part of the first round of bond monies but MW ACT did not put the City high enough in its recommendation for the City to get through that funding process. ODOT staff indicated that it would be difficult for the City to try and get the full project funded by the Oregon Transportation Commission since total project is estimated at $24 million and Region II may only get $17 million. It was recommended by ODOT Region management that it would be better for the bond monies to be used for smaller projects in the State and what was left would then be the larger STIP projects such as Woodburn's. He stated that ODOT staff gave them a clear indication that they would make the City's interchange project as their #1 priority for the Region if that could be swung politically through the various transportation commissions and counties that are involved. He also stated that on the following Thursday, the interchange project came before MW ACT and it became #1 in the rating and ranking process for their recommendation for the 2004-07 STIP. More recent estimates for the project are closer to $35 million due to potential right-of-way acquisition costs. ODOT staff is now suggesting that it may be very difficult for the City to see this project funded through the STIP. In attendance at the meeting was a representative from Rep. Hooley's office for the purpose of working towards not only getting on the STIP but getting some federally ear-marked money towards this project so that it can hopefully be started by 2007. He stated that the OTC is holding their May meeting on May 14th and Senator Courtney may be in attendance at that meeting. 1402 MAYOR AND COUNCIL REPORTS. Page 20 - Council Meeting Minutes, May 13, 2002 COUNCIL MEETING MINUTES MAY 13, 2002 TAPE READING 1402 MAYOR AND COUNCIL REPORTS. Councilor Bjelland stated that he wished that MW ACT would have used the point system that was used in the most recent ranking on the original selection of projects since it took away the political issue of the ranking of projects. Unfortunately, with the estimated cost increase for this project, it will lessen the alternatives available for funding this project. He stated that MW ACT will be continuing their selection ofthe more recent bond monies at their next meeting in addition to selecting the STIP projects for 2005-07. Region II may be getting $17 million but MW ACT is only 1 of 4 Advisory Commissions in Region II which may only provide MW ACT with $5-7 million to spend on the 3 county area (Marion, Polk, and Yamhill counties). Councilor Sifuentez stated that she would be out-of-town from May 15th through May 28th. Councilor Chadwick stated that this was a very interesting meeting and the Council will have a lot of thinking and studying to do before the next meeting. Councilor Nichols reminded the public that the Mayor will be the guest speaker at the Mayor's breakfast and he encouraged the public to attend this event. The Mayor stated that there would be no executive session. 1835 ADJOURNMENT. MCCALLUMIBJELLAND... meeting be adjourned. The motion passed unanimously. The meeting adjourned at approximately 10: 15 p.m.. APPROVED ~#.~ CHARD JE lNG, A YOR ATTEST MIfh~d City of Woodburn, OR 97071 Page 21 - Council Meeting Minutes, May 13,2002 . .. ----,--,.,~- -._~---_.__..~,.. -_._~---.,-- T