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Minutes - 12/13/1999 COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 13, 1999. 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 Kilmurray Pugh Sifuentez Present Present Present Present Present Absent Present Stafr Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Park & Recreation Director Westrick, Police Chief Null, Deputy Chief Russell, Finance Director Gillespie, Public Works Manager Rohman, Library Director Sprauer, City Recorder Tennant Mayor Jennings informed the public that Councilor Pugh had recently undergone a serious operation and, as of today' s report, he was doing well. 0025 ANNOUNCEMENTS. A) December 27'h Council Meeting has been canceled by the Mayor and Council. B) Holiday Closures: Woodburn Aquatic Center will be closed all day on December 24th, December 25th, and January 1 "; and it will close at 5:00 pm on December 31 ". Woodburn Public Library will be closed all day on December 25th and January 1"; it will also be closed at 12:00 noon on December 24th. City Hall and other City offices will be closed all day on December 24th and 31"; and it will also be closed at 12:00 noon on Thursday, December 23". C) Appointments to City Boards, Commissions, and Committees Effective January 1, 2000: Mayor Jennings made the following appointments which will take effect on January 1, 2000: Park & Recreation Board: Position I: Sharon Felix - fills unexpired term of position held by Lee Ehrens. Term expiration date of December 31,2001. Position VI: Patricia Watts - reappointment with term expiring on December 31, 2002. Page 1 - Council Meeting Minutes, December 13, 1999 . ~ COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING Position VII: Herb Mittman - term expiration date of December 31, 2002. Librarv Board: Position IV: Phyllis Bauer - reappointment with term expiring on December 31, 2002. Planninl!: Commission: Position I: Alma Grijalva - fills unexpired term due to recent resignation of Terry Will. Her term will expired on December 31, 2000. Position II: Irv Fletcher - term expiration date of December 31, 2003. Position VI: Prank Lonergan - reappointment with term expiring on December 31, 2003. Budl!:et Committee: Position ill: Torn West - reappointment with term expiration date of December 31, 2002. Position VI: Grayce Higgins - replaces Barbara Lucas who resigned this year. Ms. Higgins term will expire on December 31, 2002. FIGLEYIBJELLAND... appointments be approved. The motion passed unanimously. 0138 PRESENTATION: COMBAT AUTO THEFT (CAT) PROGRAM. Deputy Chief Russell stated that the Police Department is becoming involved with a new program that relates to prevention of and/or recovery of stolen vehicles. If a vehicle owner signs up for this program, a CAT sticker will be issued that is placed in the vehicle thereby giving our local police agencies permission to stop the vehicle between the hours of I :00 am and 5:00 am. He stated that the program is voluntary and there will be an administrative charge of $2.00 per vehicle. He urged the public to consider participating in this program if they do not routinely drive their vehicle during the early morning hours. It is hoped that this program will reduce the number of auto thefts and, if it should become stolen, there is a greater chance that it will be recovered. It was also noted that costs for the program are being offset by grants from Allstate, State Farm, and Progressive Insurance companies and that the City of Salem will do a majority of the work to input the information into the computer system. 0300 PRESENTATION: Y2K READINESS REPORT. Police Chief Null informed the public that all of the City's systems have been upgraded in readiness for the year 2000. The 9-1-1 Center recently installed their new computer system and prompt response will be given to police, fire, and ambulance calls for service. The City has also been assured by the telephone, electric, and gas companies that their systems are also Y2K compliant, therefore, no problems are anticipated. He stated that on New Years Eve, the City will be establishing a mini- Emergency Command Center (EOC) from 10:00 p.m. to 3:00 a.m. and management staff will be on- call and available to respond if an emergency situation does occur. The public works departments (water, street, and wastewater) will have staff members on-site and the Fire Department will also have additional staff members on site. He stated that the EOC will stay later than 3:00 a.m. if a major incident does occur. Additionally, the National Guard Page 2 - Council Meeting Minutes, December 13, 1999 T" . - ----..---..... ~.._._."._.. '. -".._~_.._.~_._-_.. . COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING Armory will be open and staffed throughout the New Year weekend and they will respond in the event of a declared emergency. He stated that the Police Department is concerned with potential civil disorder at 12:00 midnight. In anticipation of this, the department will have 14 officers on the street at that time and the County will have 3 transport vans available to take prisoners to the County jail. In addition, another 25 County officers will be available to help communities within Marion County. He also reminded the public that (1) discharging a firearm in the City is illegal, (2) that all of the lead rounds that are discharged do corne down and can injure people or damage property, and (3) since it is against the law, a person can be arrested for this offense. He encouraged people not to call at midnight unless it is an emergency call since too many users can bring down the telephone system. The EOC Command post will be setup at the Fire Station and residents can go to either the Command post, City Hall, or the east side Police precinct if they need assistance. He reminded the public that the intent of this presentation is to have fun and celebrate the new year, however, it needs to be done in a safe manner. 0480 CHAMBER OF COMMERCE REPORT. Doug Templeton, Chamber Board member, provided the Council with the following information: 1) Phil Hand took over as the new Chamber President; 2) He thanked out-going President Cindy Vetter for all of her hard work in managing the Chamber and deserves recognition from all of the members; 3) Chamber annual meeting and dinner was held on December 9th; 4) Chamber Forum will be held on December 15th at the Settlemier House and attendees must RSVP by December 14th; 5) Business Development Committee will meet at Hallmark Properties on December 16th at 8:00 am and the committee looks for to City representation at their meetings; and 6) The holiday lighting contest registration deadline is December 14th with the judging on December 16th. 0555 LETTER FROM BARBARA LUCAS RE: TRANSPORTATION POLICY. Administrator Brown read the letter from Barbara Lucas expressing her concern regarding the I-5/Highway 214 traffic proposal being brought to the Council at this meeting since the agenda packet does not include staff reports from the City or ODOT and there is no opportunity for the public to provide input on this issue. She urged the Council to not make any policy decisions at this meeting until questions regarding truck traffic, traffic circulation in the commercial areas, and ODOT's proposal to widen Hwy. 214 only to Oregon Way are answered. Page 3 - Council Meeting Minutes, December 13, 1999 .,.'.- -~'_...<._-_..... 11 COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING 0619 CONSENT AGENDA. A) Approval of Council minutes of November 22, 1999 and Council workshop minutes of November 29,1999; B) Acceptance of Library Board minutes of November 10, 1999; C) Acceptance of Museum Board minutes of December 8, 1999; D) Approval of claims for the month of November 1999; E) Police Activity report for August 1999; and F) Building Activity report for November 1999. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. Councilor Bjelland referred to the Building Activity report and questioned the issuance of 47 new residence permits in November. Administrator Brown stated that there is a lot of activity going on in town, however, a number of the permits issued were for new homes in the Heritage Park subdivision. The motion to adopt the consent agenda passed unanimously. 0683 DISCUSSION OF 1-5 INTERCHANGE PROJECT AND TRANSPORTATION POLICY. Mayor Jennings stated that he was moving this item up on the agenda so that ODOT representatives did not have to stay for the City's general business items. Administrator Brown stated that the purpose of this agenda item is to provide an status report and to give Council advance notice of a workshop with the Planning Commission next month. The City's Transportation System Plan (TSP) outlines the current policy and, based on the TSP, a Jetter was sent to ODOT in March 1999 requesting that certain projects, including the Highway 214 widening, be placed on the Statewide Transportation System Plan (STlP). The City also identified modification of the existing interchange and the addition of a second interchange to meet long range transportation needs. The Council and Budget Committee set aside $750,000 in the current budget, along with $280,000 already budgeted for the Alternative Analysis study, for the purpose of showing ODOT that the City is willing to contribute to these much needed projects. The State legislature did pass gas tax legislation and, if approved by the voters, will provide bond money for improvements on the STIP. The planning process for all state-wide projects have been moving forward and the State, along with the Regional Transportation Advisory Committee, have begun to look at projects that would be funded with the anticipated bond funds. The City has been asking for the widening of Highway 214 and business property owners have indicated a willingness to donate right-of-way for this purpose. The Mid- Willamette Valley Area Commission on Transportation (MW ACT) endorsed a proposal to modify the interchange and include some widening on Highway 214 which is high on the list of projects to be funded. He stated that he had invited to this meeting Gary Johnson from ODOT, who is also a member of MW ACT, to provide information to the Council on why the decision was made by MW ACT. He stated that at Page 4 - Council Meeting Minutes, December 13, 1999 . "._"0 _._.. 4 <,.___,~.,,,"._,._.w_..___~.__"_..__.. ~ ~ COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING the conclusion of this discussion, staff will be asking Council, as policy, to endorse what MW ACT has done in the short term. Mayor Jennings reminded the Council and the public that no engineering designs have been presented or approved and the purpose of this discussion is to ask for Council support the consolidation of two projects. He also informed the Council and public that the workshop will be held on January 6, 2000 to, once again, go over this issue and solicit input from other members of the community. Gary Johnson, ODOT Regional Manager for northwest Oregon, stated that ODOT is moving forward with the planning process in case voters approve the gas tax in May 2000. He stated that ODOT and the Oregon Transportation Commission rely heavily on advice from MW ACT and other local agencies in establishing project priorities. The 1-5 interchange and Highway 214 widening project to Country Club Road is in the top 5 regional projects to be funded with gas tax funds. At the last MW ACT meeting, they identified a list of priorities for Marion, Polk and Yamhill counties which was brought forth to a regional meeting of other area commissions. All but one of the MW ACT priorities made the list. The OTC will accept additional public testimony at this month's meeting and they expect to adopt their version of the final statewide version of the project list in January. Following this action, the next step will be through the interim legislative committee and the final step, prior to the gas tax vote, will be an appearance before the legislative emergency board. In regards to the widening of the rest of Highway 214, he stated that they are not walking away from this improvement, however, the widening of Hwy 214 east of Oregon Way was not as well positioned to compete for the money that may be available since the criteria established by the Commission was a fairly unique set of parameters that would not apply in the standard STIP process. He reminded the Council that Highway 214 is a district level highway which is harder to obtain funding for through the state programs, however, by combining it with the interchange project, it will set the stage for further widening improvements as funding becomes available through the regular STIP process. Mayor Jennings stated that federal dollars are not available until the project is on the STIP and questioned if the Strobeck list will be considered as a planning document. Mr. Johnson stated that, with the process being followed on the Strobeck list, it will be considered as a planning document. He also stated that there are 5 regions in ODOT of which Woodburn is a part of Region II. The allocated funding share of to Region II will be approximately 1/3 of the bond issue dollars to be used for improvements. Terry Cole, ODOT, requested that any City proposal that may be brought up at the January 6th meeting be shared with them in advance so that they will have an opportunity review the proposal and prepare for the workshop. Councilor Bjelland stated that voter approval of the gas tax in May will implement legislation already passed and public education on the benefits of the bond program is necessary to obtain voter support for this legislation. Page 5 - Council Meeting Minutes, December 13, 1999 _H...~ . COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING Administrator Brown reiterated that staff is requesting, for the existing interchange and for the purpose of qualifying the City's Highway 214 needs for this bond money, support for the concept of the consolidated interchange and Hwy. 214 widening project as it is being proposed by Region II. If the Council takes this action, he would then write a letter to OTC on behalf of the Council to let them know that not only MW ACT but the City is interested in having this project completed. He also stated that the estimated cost for this consolidated project is $15 - $20 million. Additionally, an 1-5 corridor refinement study is being conducted and proposals are being discussed to modify the existing interchange to relieve congestion on Highway 214 and to extend the life and capacity of the interchange. Administrator Brown suggested that the Councilors think about the following issues before the January workshop: 1) scope of the project - Hwy. 214 widening be extended to at least Boones Ferry Rd, if not further, and potentially using City dollars to accomplish this project extension 2) access management issues; 3) other alternatives such as a lesser modification of 1-5 interchange for cost effectiveness and efficiency in the use of tax dollars; 4) keep the options open to create a 2n' interchange and look at ways to partner with this project to get more out of it than it is currently designed; 5) potential impact on local businesses and general disruption to business while work is being done in the area; and 6) potential impact on other city roadways such as the newly built Arney Road. Mayor Jennings reminded the public that the Alternative Analysis Study is not a wasted study just because the project consolidation is being proposed. Terry Cole stated that they will be presenting a briefing to the Oregon Transportation Commission on December 16th regarding the refinement plan work. He reminded the Council that this is still a preliminary stage on the concepts and it does not preclude discussion on a 2n' interchange. FIGLEY/KILMURRA Y... go on record to support consolidation of the widening and interchange improvement projects. Councilor Figley stated that she shares the concerns listed in Mrs. Lucas's letter regarding the overall broader picture. She supports consolidation at this stage since she believes there is a need for widening and other improvements to Highway 214, and, without some improvements to the interchange, those improvements will not be done by ODOT. She also requested that staff's suggestions be forwarded to the Council before the January 6th workshop. The motion to consolidate the two projects passed unanimously. Mayor Jennings reminded the public that the January 6th workshop is a public meeting with the Planning Commission but it is unknown at this time if public input will be taken. Terry Cole stated that the refinement plan will narrow down alternatives to look at something that is feasible and addresses the problem. In this case, ODOT feels that they Page 6 - Council Meeting Minutes, December 13, 1999 r- ... _.._. __.~..,._.'"'.".<--..,..,__'u ,..~ D COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING have developed some designs that will work well over the 20+ year planning period. If concurrence is gained on the refinement plan, they will seek to have that concept adopted into the City's Comprehensive Plan along with the other assumptions regarding access measures on Highway 214 and local circulation. Once completed, an Environmental Assessment Process will commence with the design process is still over a year away. Councilor Bjelland requested that ODOT provide a sequence of events to participants of the January 6th workshop since it is a very important description of the processes that need to be followed in order to corne to a final decision. 2296 Barbara Lucas, 214 E. Clackamas Cl, questioned if the Council voted for ODOT's proposal to revamp the 1-5 interchange so that it will serve the City for the next 20 years. Mayor Jennings stated that the Council voted to support consolidation of the 2 MWCA T proposals and the 2nd interchange project has never been before MWCAT. She expressed concern with ODOT's current position to improve the current interchange so that it would serve the City's traffic needs for the next 20+ years and thereby making it unnecessary to have a second interchange. 2407 COUNCIL BILL 2012. ORDINANCE ANNEXING 1.32 ACRES LOCATED EAST OF HIGHWAY 99E ON THE NORTH SIDE OF AZTEC. AMENDING THE ZONING MAP FROM UTF TO RS. APPROVING A PRELIMINARY SUBDIVISION PLAT. AND GRANTING A VARIANCE. Council Bill 2012 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Mayor Jennings declared a conflict of interest on this issue. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2012 duly passed with the emergency clause. 2519 COUNCIL BILL 2013 - RESOLUTION ENTERING INTO STATE REVOLVING FUND LOAN NO. R98412. AMENDMENT NO.1. FOR WASTEWATER SYSTEM IMPROVEMENTS. Councilor Chadwick introduced Council Bill 2013. 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 2013 duly passed. 2560 COUNCIL BILL 2014 - RESOLUTION GIVING CITY COUNTY INSURANCE SERVICES TRUST NOTICE OF POTENTIAL WITHDRAWAL FROM MEMBERSHIP IN THE SELF-INSURANCE POOL. Council Bill 2014 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Jennings stated that notice is given annually to City County Insurance Services so that the City can annually review available insurance programs. Page 7 - Council Meeting Minutes, December 13, 1999 T <'.--...--- , '",., ".--..- ...,".~--,_.... "-,---_.,,-_...~----~ Ul COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 2014 duly passed. 2617 ACCEPTANCE OF EASEMENT: SOUTH SIDE OF PARR ROAD WEST OF SCHOOL DISTRICT PROPERTY. Staff recommended the acceptance of a roadway, sidewalk, and utility easement from Warsanofi and Zinovya Toran which will allow for future improvements in the vicinity of Centennial Park. FIGLEY/SIFUENTEZ... accept the roadway/sidewalk/utility easement from Warsanofi and Zinovya Toran as described in Attachment B of the staff report. The motion passed unanimously. 2655 LIOUOR LICENSE APPLICATION: LUCKY'S DELI. 986 EVERGREEN RD. A liquor license application was submitted by Lucky's Deli IV, LLC, for a retail malt beverage license. Included in the staff report was a petition against granting the license submitted by residents of Panor 360. Staff recommended that the Council recommend approval of the license, subject to the condition that there will be no live music at the establishment, since OLCC only looks at issues that are liquor license related. The petition cited issues pertaining to limited parking, traffic congestion, noise, and the detrimental effect an alcohol establishment would have to the immediate residential area. FIGLEY /KILMURRA Y... approve a retail malt beverage (RMB) liquor license for Sylvia Dixon, Lucky's Deli, 986 Evergreen Road, with the condition that no live music will be held at the establishment. The motion passed unanimously. 2742 MUSEUM MANAGEMENT PROPOSAL. Administrator Brown stated that the Museum Board has expressed a desire for the City to take over responsibility of the Museum which is currently an all-volunteer operation. He has met with the Board and drafted a proposal which was accepted by the Board at their November 1999 meeting. If the proposal is approved by the Council, it would go into effect in January 2000. In summary, the City would (1) be responsible for the building maintenance and museum collection, (2) establishment of an advisory committee to assist the Council in policy decisions relating to the museum, (3) continue the volunteer program to keep the museum open for two, if not more, days per week; (4) formulate a budget for presentation to the Budget Committee at the supplemental budget hearing in January, and (5) staff position be created as part of the budgeting process to manage the museum and coordinate special events on a City-wide basis. He suggested that the advisory committee consist of 5 or 7 members with a background and interest in historical collections, preservation, and local/natural history. Additionally, he recommended that one of the appointments be a high school student to provide a link between school history programs and senior projects. Page 8 - Council Meeting Minutes, December 13, 1999 . . "------".-.-- COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING Mayor Jennings stated that he would like to see 7 individuals appointed to the advisory committee and, to date, he has had 3 volunteers to serve on the committee. FIGLEYIBJELLAND... approve the proposal to assume organizational control from the Museum Board, establish criteria for establishing a Museum advisory commission, and direct staff to prepare and bring back the necessary enabling legislation at the next regularly scheduled meeting. The motion passed unanimously. 3037 COMMUNITY DEVELOPMENT DEPARTMENT RE-ORGANIZATION. Administrator Brown stated that the Planning Department needs some additional help to process current planning applications in addition to on-going long range planning projects. Currently, the Assistant Planner is on a long term absence for health reasons and the department is struggling to keep pace with the development proposals being submitted. He recommended that the Council approve a limited term Assistant Planner position which would expire on June 30, 2000. If an extension of this position is necessary, it will be evaluated during the regular budget process for fiscal year 2000- 2001. Funds are available within the current Community Development department budget for this position without going to the Budget Committee or Council for approval of additional appropriations for this position. Tape 2 FIGLEY/SIFUENTEZ... authorize the limited term Assistant Planner position to June 30,2000. The motion passed unanimously. 0061 REOUEST FOR RATE INCREASE - WOODBURN AMBULANCE FRANCHISE. Councilor Kilmurray declared a conflict of interest on this issue since her daughter is employed by Woodburn Ambulance. She stated that she would abstain from voting and participating in any discussion on this issue. As provided for in the staff report, Woodburn Ambulance is requesting a base rate increase of $36.00 which is the average cost per call for ambulance response from their facility to the response site. This increase is being requested as a result in a change in Medicare regulations that make responding miles no longer eligible for reimbursement. FIGLEY/SIFUENTEZ... staff be directed to draft a resolution authorizing a rate increase for the franchised provider of ambulance service in the City. The motion passed 4-0-1 with Councilor Kilmurray abstaining. City Attorney Shields brought to the Council's attention that the franchise ordinance does require a public notice and hearing before an increase is approved by the Council. Notice will be provided and a hearing scheduled for January 10,2000. 0153 SITE PLAN ACTIONS. A) Site Plan Review #99-20 - Hawthorn Inn & Suites (120 Arney Road): No action was taken by the Council on the Planning Commission's approval of an application to Page 9 - Council Meeting Minutes, December 13, 1999 - . COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING construct a 12 room addition to the existing hotel. B) Planned Unit Development #99-01 and Minor Partition #99-05 - Stage 11 Design Review: "The Links at Tukwila": No action was taken by the Council on the Planning Commission's denial of a 93 lot single family residential PUD and a related partition. C) Site Plan Review #99-21 - lack in the Box Restaurant (Highway 219 & Arney Rd): No action was taken on the Planning Commission's approval to construct a fast food restaurant in the vicinity of Hwy. 219 and Arney Road north of the existing Texaco Station. 0160 MAYOR AND COUNCIL REPORTS. The Councilors reminded the public to stay off the telephone lines around the start of the New Year unless there is an emergency and they extended best wishes to the citizens of our community for a happy and safe holiday weekend. Mayor Jennings stated that the first Festival of Christmas Music is now over and it was well received by the community. Next year, he plans on trying to go into partnership with the Settlemier House by starting at that location and then expanding it during the month of December to make it an enjoyable Christmas Festival. 0245 EXECUTIVE SESSION. FIGLEY/SIFUENTEZ.... adjourn to executive session under the authority of ORS 192.660(1)(h),ORS 192.660(1)(e) ORS 192.660(1)(d), and ORS 1 92.660(1)(f). The motion passed unanimously. The Council adjourned to executive session at 8:40 p.m. and reconvened at 8:59 p.m.. 0262 Mayor Jennings stated that no action was taken by the Council in executive session. AD.JOURNMENT. BJELLAND/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting concluded at 9:00 p.m.. APPROVED ATTEST /17af::t~s~ MarY Te ant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, December 13, 1999 ,-' - ..- ._-" . ---'-~-""'-'.'-' --".~'-"." -..--.- " -'._._~'--"---'- ."-'-' ..-- + 11 1 ,