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Minutes - 01/25/2005 COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 24, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0130 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Community Development Director Mulder, Finance Director Gillespie, Park & Recreation Director Westrick, Public Works Manager Rohman, Management Analyst Smith, Recorder Tennant Mayor Figley stated that Councilor Bjelland was ill and Councilor Cox was out of town. 0066 ANNOUNCEMENTS. A) Aquatic Center will be closed to the public on January 29 and 30, 2005 since the Woodburn Barracuda Swim Team will be holding a swim meet on those days. B) Budget Committee Work Session will be held on February 1, 2005, 7:00 pm, in the City Hall Council Chambers. C) Vacancies.exist on the Budget Committee, Library Board, Planning Commission, and Recreation & Parks Board. Citizens interested in serving in anyone of these positions are asked to call the Mayor's office for an application. APPOINTMENT - PLANNING COMMISSION. Mayor Figley appointed Brad Hutchison to the Planning Commission with a term expiration date of December 31,2008. She stated that she had recently appointed Mr. Hutchison to the Recreation & Parks Board, however, he had expressed an interest in the Planning Commission and she has now decided to appoint him to the Commission. NICHOLS/MCCALLUM... approve the appointment of Brad Hutchison to the Planning Commission. The motion passed unanimously. 0171 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, stated that legislative House Bill 2267 created Travel Oregon which is a state-wide 1 % transient room tax and eliminated the Tourism Page 1 - Council Meeting Minutes, January 24, 2005 " I COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING Division within Oregon Community and Economic Development. He stated that he has met with a representative of Travel Oregon to discuss the Chamber's Regional Tourism Strategy. The Governor has put emphasis on a Willamette Valley Bicycle By-Way which stretches from Champoeg Park down to Eugene following the Willamette River as much as possible. The Chamber will be working towards identifying some bike routes between St. Paul, Woodburn, and other local communities the Chamber represents which will then be attached to the information that will be publicized as part ofthis Bicycle By-Way. It was noted that the bicycle route will utilize existing roadways. 0375 Jack Lenhardt, 1055 Tukwila, stated that he was at the previous Council meeting expressing his concern with the bike paths taking up so much ofthe street width on certain city streets that there was no room for parking in those areas. He distributed copies of an ODOT publication on State and Federal laws relating to bicycle and pedestrian facilities. Within this publication, and in discussing these rules and/or laws with an ODOT representative, he stated that the ODOT publication states that the 1 % expenditure of highway funds on bicycle and pedestrian facilities is a guideline rather than a requirement. Additionally, the state law requires inclusion of bikeways and pedestrian facilities unless there is no need or probable use, where safety would be jeopardized, or where cost is excessively disproportionate to the need or use. He suggested that ODOT re-evaluate the need for the bikeway at the freeway based on the exemptions in their rule interpretation. Another area he brought up for discussion related to bikeways being required along arterials and major collector streets. He reviewed the definition of "major" and, in his opinion, the City has the ability to define what is considered a "major collector" within the City. Within Tukwila development, Hazelnut Avenue serves Tukwila and it appears to him that it serves an immediate neighborhood rather than servicing significantly more than the immediate neighborhood. He reiterated that the bikelanes on Hazelnut has added 14 feet of asphalt which is rarely used by bicyclists. He requested that the Council remove the "No Parking" signs especially on Tukwila Avenue and this could be accomplished at minimal cost since there are no bike lanes painted on the asphalt. He also felt that the bike lanes were not needed on Hazelnut Avenue all of the way to North Front Street. Councilor McCallum expressed his concern that Hazelnut Avenue is a feeder street for Woodburn High School and there are various times students do ride bicycles to school. The back entrance to the school off of Hazelnut Avenue is closed during the day but the entrance is open for all other times and it is used by younger children to attend events at the high school. Additionally, he has found that there are a lot of bicyclists using that roadway area that do not live in the immediate neighborhood. Mr. Lenhardt stated that it has only been in the last few years that bikelanes have been constructed and maintained that bike lanes are not necessary in the Tukwila residential development. Mayor Figley stated that it was her understanding that the City's Transportation System Plan (TSP) requires the bike lane due to the classification of the street in the City's Plan. Page 2 - Council Meeting Minutes, January 24,2005 '1r COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING Mr. Lenhardt reiterated that the local policy can be changed on which classifications would require the placement of bike lanes. Mayor Figley stated that the City would have to either change the overall policy for a whole category of streets or define a reason as to why this particular street has a unique set of circumstances that would not require the bike lanes. Public Works Manager Rohman stated that the TSP outlines the functional class of streets and it does call for bike lanes on Tukwila. At the time the development was approved by the Planning Commission and Council, bike lanes were included as a condition of approval for the subdivision. Administrator Brown stated that the TSP took about 3 years to develop and included public input reflecting the community values at that time. The Council could make a change in the TSP but by doing so would change the values originally.expressed by community members. No action was taken by the Council to pursue an amendment to the TSP at this time. 1293 CONSENT AGENDA. A) approve the regular Council meeting minutes of January 10,2005; B) approve the Council work session minutes of January 8,2005; C) accept the Planning Commission minutes of December 2,2004; D) accept the Planning Commission minutes of December 9,2004; E) accept the Library Board minutes of January 12, 2005; F) accept the Recreation and Parks Board draft minutes of January 11, 2005; G) accept the Mill Creek Greenway Task Force meeting notes of January 11, 2005; H) accept the Livability Task Force draft minutes of October 26, 2004; I) accept the Livability Task Force draft minutes of December 2,2004; J) accept the Police Department Statistical report for January through December 2004; and K) accept the Claims for December 2004. MCCALLUMlNICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 1364 PUBLIC HEARING: 2004-05 SUPPLEMENTAL BUDGET HEARING. Mayor Figley declared the public hearing open at 7:25 p.m.. Finance Director Gillespie presented the staff report which outlines proposed budget changes to the 2004-05 City budget. He stated that the City's Beginning Fund Balance for all City funds is approximately $957,000 more than what was budgeted and, of that amount, $256,000 is within the General Fund. Another major item in this proposed budget is the establishment of a Police Construction Fund for the accounting of transactions relating to the construction of a new police facility. It was noted that the cost of issuing the general obligation bonds is estimated at $152,000 and $6,909,000 for design and construction. This fund also includes the repayment of a loan from the Traffic Impact Fee Fund which allowed the City to begin design work before the bonds were sold so that construction on the facility would begin during the upcoming construction season. A third major item included in this Page 3 - Council Meeting Minutes, January 24,2005 '1' COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING budget is the restoration of$211,000 in the Sewer Fund which had been understated during the regular budget process. Director Gillespie stated that franchise revenues for Qwest and Willamette Broadband are below the initial estimates and future budgets will most likely reflect the lower revenue estimates due to customers utilizing cell phones rather than a telephone service and satellite dishes rather than cable TV service. Traffic fines have not materialized in the amount projected since the City still has not had a fully staffed motorcycle traffic enforcement team (4 officers) and collection of fines through the court system can take up to a year for imposition and collection. To date, the City has 3 motorcycle officers and it is anticipated that the fine revenues will meet the level that was discussed previously but it will be in the next fiscal year. In regards to Street construction and maintenance contracts, the supplemental budget provides for a $200,000 appropriation since some of the contracts awarded last spring were not completed until after July 1,2004 and a portion of the beginning fund balance is being used as the revenue source for this appropriation. Staff will chang~ the budgeting practice beginning in fiscal year 2005-06 in that the budget will reflect estimated costs for the year in which they will be paid. Councilor McCallum questioned if the Barracuda Swim Team rents the Aquatic Center similar to the rental agreements that are in place with the School District. Director Westrick stated that the Barracuda Swim Team does rent lane space and revenues have increased from this program since they have been adding members. He also stated that more lesson times have been made available now that Silverton and Molalla now have their own indoor pools and their high schools are no longer using our Aquatic Center for their practice site. 2047 Administrator Brown stated that normally the supplemental budget is brought before the Council in order to make adjustments rather than new policy items. However, this year the proposed budget does include the following four (4) policy items for Council discussion: 1) Half-time Municipal Court Clerk - Judge Zyryanoffhas requested an additional ~ time position to process citations issued by the Police Department. 2) Police Facility construction has expedited the need to move more quickly on a supplemental budget since the architect fees will soon need to be paid and appropriations need to be established in this new budgetary fund in order to pay for the design services and bond issuance costs. 3) City has received a grant from City County Insurance Service to pay one-half of the cost for a consulting service, Lexipol, to assist the Police Department in updating the department's policy manual. The supplemental budget appropriates $2,975 in this year's budget for this proj ect. 4) Legion Park Master Plan and Community Center Planning - Staff recommends that work begin in these two areas, however, he recommended that the funding source for the Legion Park Master Plan be changed from Parks SDC Fund to the General Fund since the Park SCD list did not include this plan and he was hesitant to spend SDC funds on projects other than what has been identified on the list. No one in the audience spoke either for or against the proposed supplemental budget. Page 4 - Council Meeting Minutes, January 24,2005 1: COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING Mayor Figley declared the public hearing closed at 7:41 p.m.. Councilor McCallum agreed that a half-time clerk in Municipal Court is needed to keep on top of the workflow. Administrator Brown stated that this would be a permanent position provided that the traffic enforcement program continues as planned. MCCALLUM/SIFUENTEZ...direct staff to prepare an ordinance on the supplemental budget with the recommended change on the Legion Park Master Plan funding. The motion passed unanimously. Mayor Figley called for a recess at 7:44 p.m. in order to allow staff time to make the change to the supplemental budget ordinance. She reconvened the meeting at 8:01 p.m.. 2721 COUNCIL BILL NO. 2553 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2004-05. Copies of the amended Council Bill were distributed to the Council for review. Councilor Sifuentez introduced Council Bill 2553. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2553 duly passed with the emergency clause. 2807 COUNCIL BILL NO. 2554 - RESOLUTION AUTHORIZING ISSUANCE. SALE. EXECUTION~ AND DELIVERY OF GENERAL OBLIGATION BONDS NOT TO EXCEED $7.066.000: AUTHORIZING SPECIAL AD VALOREM TAX LEVY: DESIGNATING AUTHORIZED REPRESENTATIVE: AND DELEGATING APPROVAL AND AUTHORIZATION TO DISTRIBUTE THE PRELIMINARY AND FINAL OFFICIAL STATEMENTS. Councilor Sifuentez introduced Council Bill 2554. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bi112554 duly passed. 2897 LAWSON AVENUE / HIGHWAY 214 INTERSECTION IMPROVEMENT. Public Works Manager Rohman reviewed the following options available to improve the traffic flow in this area: I) Maintain two-way pattern on Lawson Avenue: He stated that this option would involve the acquisition of additional right-of-way on the west side comer to add paved surface so that trucks to make necessary turning movements. 2) Lawson Avenue become a one-way street southbound: He stated that this option would provide sufficient paved surface for trucks to make the necessary turning movement. This option will involve significant involvement with property and business owners before any final decision is made. To date, this option has been covered through the Environmental Assessment process for the interchange involving the Page 5 - Council Meeting Minutes, January 24, 2005 , '11" COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING Environmental Assessment Local Access Committee and with the Stakeholders Working Group. The business owners felt that a portion ofthe street should be two-way so that motorists on Stacy Allison Way have access to their businesses. It was also noted that these groups did feel that there should be some two-way access on a portion of Lawson Avenue because the interchange options presented by ODOT show that Lawson Avenue will be a right-turn in only off of Highway 214. ODOT is willing to work with the property owners for the purpose of keeping some two-way access on Lawson Avenue. The Highway 214 improvement plans do call for a median strip which would prevent any left-turn movement off of Highway 214. The plans also call for a eastbound drop lane onto Lawson Avenue which thereby allowing motorists to move over to that lane to make a right turn without impacting the flow of traffic in the thru travel lanes. 3) No changes be made at this time, however, City would work with ODOT to incorporate changes to this intersection as a part of roadway improvements relating to the future interchange modernization improvement project. Councilor Nichols expressed his opinion that the drop lane was not necessary since the travel speed on Highway 214 eastbound is not fast enough to create a traffic problem. He did not see the need or the expense involved in creating the drop lane. Public Works Manager Rohman stated that it may seem like the drop lane would make a small difference but traffic studies have shown that drop lanes do improve the traffic flow and efficiency of the intersections. Additionally, if ODOT funding is allocated for the modernization project, it could be 2007-08 before construction would begin. Councilor Nichols also expressed his opinion that allowing a one-way traffic flow for the full length of the street would not impact the businesses along that street. Councilor McCallum suggested that the City do something within the near future rather than waiting for the ODOT modernization project, however, the City should be looking at an option that would involve minimal expense. Public Works Manager Rohman stated that ODOT is planning to upgrade the Evergreen Road intersection in the latter part of 2006. By that time, ODOT would have completed the interchange modernization project design and the traffic light masts will be positioned so that they will not have to be relocated at a later date. This project will increase vehicle turning radius from Highway 214 onto Evergreen Road. Councilor Nichols suggested that the City review the truck traffic route on Evergreen Road so that large trucks are not driving through residential areas in order to get to Wal-Mart. Councilor Lonergan agreed that public input should be obtained from the property and business owners before any final action is taken. Councilor Sifuentez expressed her concerns over the confusion a one-way street would create for motorists along with increased traffic congestion on Evergreen Road. 4445 Willis Graff, 1328 Dogwood Dr., stated that Public Works Manager Rohman did a good job in explaining the viewpoints brought out in the Stakeholder's and Access Committee meetings. ODOT does plan on allowing a right-turn in only on the interchange plan. He suggested that the southbound one-way only traffic on Lawson Avenue to the Taco Bell Page 6 - Council Meeting Minutes, January 24, 2005 .,.. COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING driveway is the best solution since there would be no change in the curb location at this time and it would give trucks ample room to make a safe turn. Preston Tack, 2197 Camellia Way, supported the concept of a one-way south on Lawson Avenue but it may have to be modified to provide for access to Taco Bell. He hoped that this option would result in making more turning space for trucks without having a large expense to the City. 4825 Councilor Lonergan reiterated that he would like to hear input from the property owners, businesses owners and the general public before any final action is taken. Administrator Brown stated that the original report from Public Works did include an option which provided for some directional one-way with a turn-around. His problem with that proposal was that it would cost over $100,000 to construct and he did want to spend that amount of money knowing that ODOT would be making some improvement along Highway 214 within the next few years. He suggested that staff bring back a proposal to the Council that would address the traffic flow issue using signage or something similar at minimal cost to the City and, once the Council has a proposed plan, then staff could proceed to obtain public input on the proposal. 5231 LIVABILITY TASK FORCE RECOMMENDED NOISE ORDINANCE REVISIONS. Councilor Lonergan expressed concern with the reduction in maximum sound levels by 5 decibels in that solid waste trucks with an automated side loader can vary from 80 to 100 decibels which exceeds the ordinance levels allowed for within the specified time frames since work commences in this business at 6:00 a.m.. Another concern is the amount of time the Police Department will need to dedicate to enforce these lower decibels levels since many businesses work beyond the specified time periods and the work they perform results in higher decibel levels than what is allowed for under the proposed ordinance. Councilor McCallum stated that he is the Co-Chair of the Livability Task Force and the concerns about the noise level were focused on those noises that are consistent and constant. He has heard concerns about early morning garbage pick-up and, to United Disposal's credit, they have worked with the neighborhood to handle the situation. In regards to enforcement, the decibel level was arrived at based on the discussions with the Police Department. Chief Russell stated that the Livability Task Force received minimal public input in the process. He did discuss with his supervisors enforcement issues relating to the current ordinance and the biggest problem they have encountered is that the department has responded to many parties after the designated time periods which were within a 3 to 5 decibel range less than the current maximum level. In these cases, the neighbors were very upset since no enforcement action could be taken. He also stated that the proposed ordinance adds a new Section (Section 7(L)) allowing for noise resulting from activities of a temporary duration which is otherwise permitted by law. Business operations would most likely fall into this category since it is a temporary event operating under a normally operated business. However, an on-going continuous noise could present a problem for a business. In regards to Page 7 - Council Meeting Minutes, January 24,2005 - COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING the construction activities, most contractors know the rules on the time periods and they have abided by those rules. Councilor McCallum stated that a developer in his neighborhood worked with the local residents and they had established set hours in which construction would occur. Additionally, Homeowner's Associations also work with developers to establish acceptable work hours for construction projects. 6508 Councilor Sifuentez questioned if a barking dog complaint would result in the Police Department taking the dog away from the owner in order to cease the noise. Chief Russell stated that the Police Department would respond to the call and they have the ability to cite the owner for the noise. It may not stop the dog from barking but it will get the owner's attention so that they will take some action to stop the noise. This type of complaint, along with a number of other complaints outlined in the proposed ordinance, does not have a maximum noise level and citations could be issued at anytime. Tape 2 Councilor Lonergan agreed with the proposed changes to the ordinance, however, he would like to see the time changed from 9:00 pm to 8:00 pm for certain noise levels. Councilors Sifuentez, Nichols, and McCallum did not want to make any change to the time in the draft ordinance. 0086 SPECIAL EVENT POLICIES REVISIONS. Mayor Figley stated that the staff report provided a detailed explanation of the changes and why they were recommended by the Recreation and Parks Board. Councilor Lonergan expressed concern with the recommendation to allow amplified music at Warzynski Plaza on Sunday nights until 9:00 p.m.. Councilor McCallum suggested that the time for concluding music on Sundays be changed to 7:00 p.m.. Administrator Brown stated that there are numerous events on Sundays at Warzynski Plaza and he suggested that 8:00 p.m. be allowed. The Special Events permit would specify the time in which amplified music could be played but he would like to have the flexibility of allowing the music on Sunday until 8:00 p.m.. Councilor Lonergan stated that his issue is the length of time for the amplified sound and the event itself could last later into the evening. It was the consensus of the Council to change the Sunday time at Warzynski Plaza to 8:00 p.m.. Councilor McCallum complimented those individuals who worked with staff and the Recreation and Parks Board to address the concerns and in developing policy revisions. Brief discussion was held regarding the language in the policy requiring a break in the music so that it is not continuous amplified music and in providing the neighborhood with advance notice of upcoming events. It was also noted that the ordinance provides for an upper limit on the noise level, however, staff can issue a permit authorizing lower decibel limits. Page 8 - Council Meeting Minutes, January 24, 2005 " COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING NICHOLS/MCCALLUM... adopt the revised Special Event policies with the change in the time for Sunday at Warzynski Plaza. The motion passed unanimously. 0800 CITY COUNTY INSURANCE SERVICES "LEXIPOL" LAW ENFORCEMENT AGENCY GRANT. Police Chief Russell stated that the City's police policies need to be updated as part of the polic~ accreditation process. The benefits of accreditation include standardization of policies and practices across law enforcement agencies and potential reduction in liability. CIS has offered the City a grant in the amount of$2,975.00 which is one-half ofthe initiation fee. The City's cost for this service is $2,975 for the initiation fee to be paid in fiscal year 2004- 05 and $5,240 in fiscal year 2005-06 for a one-year purchase of annual policy updates and the Lexipol annual training plan. Currently the Police department has a general order book and a policy manual. This grant will provide for the combining of these two books into one modem document which is updated by legal counsel on a regular basis. Once the document is completed, the Police Department will then need to be able to move forward with the proofs that our department is complying with the policies and procedures and then receive accreditation. NICHOLSIMCCALLUM... authorize the City Administrator to accept a grant from City County Insurance Services and execute an agreement with Lexipol for police policy manual services. The motion passed unanimously. 1043 CITY ADMINISTRATOR'S REPORT. Community Development Director Mulder stated that a Measure 56 notice had been mailed to every property owner in the City discussing Periodic Review activities. This notice is dictated by state statute as to the message on the front of the notice, however, very few properties will be affected in a way that could potentially restrict the actual uses of their property or could potentially adversely affect the value of their property. The proposed amendments have derived out of the City completing its periodic review work program for the purpose of updating the City's Comprehensive Plan. As a result of those tasks, staff is bringing forward for public review and Planning Commission and Council consideration amendments to the City's Comprehensive Plan, Development Ordinance, Comprehensive Plan map, Zoning map, and a proposal to expand the City's urban growth boundary. The City's website contains all of the proposed amendments and map amendments. Additionally, all of this material is available at the Library and City Hall. Councilor McCallum questioned if the notice is a standard form used state-wide. Director Mulder stated that the City tailors our own form but there is certain language that has to be included in the form letter in certain locations on the letter Page 9 - Council Meeting Minutes, January 24, 2005 ,w COUNCIL MEETING MINUTES JANUARY 24, 2005 TAPE READING 1420 MAYOR AND COUNCIL REPORTS.. Councilor Sifuentez stated that she has received complaints that motorists are speeding down E. Hardcastle Avenue and individuals are skateboarding and roller skating in the middle lane of that roadway. Councilor Nichols thanked the Mayor for her excellent presentation of the "State of the City" address which showed that Woodburn continues to be a City on the move. Councilor McCallum agreed with Councilor Nichols' comments. He also congratulated the Woodburn Independent on their being named as the Chamber's "Member of Year". Mayor Figley stated that she enjoyed giving the "State of the City" address and she reiterated that the City is a progressive and well-managed organization that thinks ahead rather than behind. Mayor Figley stated that there will not be an executive session. 1589 ADJOURNMENT. MCCALLUM/SlFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9: 15 p.m.. APPRO ATTEST /1/l!Ja~ Mary Te t, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, January 24, 2005 ".