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Minutes - 10/24/2005 COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 24,2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Present Absent Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Public Works Manager Rohman, Asst. City Engineer Torgeson, Park & Recreation Director Westrick, City Recorder Tennant Mayor Figley stated that Councilors Bjelland and Lonergan were out of town and unable to attend this meeting. 0060 ANNOUNCEMENTS. A)City offices and the Library will be closed on November 11, 2005 in observance of Veteran's Day. The Aquatic Center will be open as regularly scheduled. B) Special City Council meeting will be held on October 31,2005,7:00 p.m., City Hall Council Chambers, to discuss Periodic Review. C) Woodburn Downtown Association (WDA) will host a Halloween Party at the Downtown Plaza on October 30, 2005 from 12:00 noon until8:30 p.m.. D) Police Department will be participating in a "Hard Target Business Building" seminar to discuss issues surrounding methamphetamine on November 4, 2005 from 7:30 am to 9:30 am at the Woodburn Armory. This seminar is open to the public and free of charge. o 129 PROCLAMATION: GARY LAWHEAD DAY - OCTOBER 28. 2005. Mayor Figley read a proclamation declaring October 28,2005 as "Gary Lawhead Day" within the City to honor him for his many years of service in working with youth with his most recent appointment as Superintendent of MacLaren School. The Mayor expressed her appreciation to Mr. Lawhead for his participation in community activities and for encouraging youth at MacLaren to also work on fundraising activities within the facility that would benefit numerous charitable organizations in the Woodburn area. Mr. Lawhead accepted the plaque and thanked the Mayor and Council for their reco gni tion. Page 1 - Council Meeting Minutes, October 24, 2005 IT T COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING 0252 FAREWELL PRESENTATION BY GARY LAWHEAD. Mr. Lawhead presented the City with a plaque thanking the City and the Woodburn community for their on-going support of the youth, staff, and mission of MacLaren School which has been located in Woodburn since 1926. 0348 PRESENTATION: HIGHWAY 99E PAVEMENT AND SAFETY IMPROVEMENTS. Tim Dodson, Consultant Project Manager for ODOT, stated that preliminary work is being done to make pavement and safety improvements to Highway 99E. Meetings will also be held with local businesses and the community to receive input to design a project that will meet the needs of the community. The bulk of the state funds available for this project will be spent on pavement preservation from Aurora to Salem on Highway 99E and on two areas in Woodburn where safety concerns need to be addressed. One of the two areas within Woodburn addresses pedestrian safety between Mt. Jefferson Street and James Street, and the other area is at the Young Street intersection where there is a need to improve traffic signalization and to modify the turning radius for large trucks on the east side of Highway 99E. He stated that the approaches being discussed are only temporary in nature until such time major improvements are made to Highway 99E. A meeting with local businesses has been scheduled for November 2, 2005 and an Open House has been scheduled for November 14, 2005 to receive public input on proposed improvements to these two areas. Michael Swan, representing OBEC Consulting Engineers, stated that a 2002 ODOT Study focused on traffic accidents from Canby to Salem on Highway 99E and the area between Mt. J efferson Avenue and James Street had a higher than average pedestrian accident rate and, of those pedestrian accidents, it had a higher than average fatality rate. In order to provide for a safe crossing in that area, business impacts will differ depending upon the type of pedestrian crossing installed. A concept being considered is installation of pedestrian islands that would not adversely affect business access. The other area being focused on is an operations issue on Young Street / Highway 99E intersection. This intersection has a high traffic accident rate and the cause of the accidents seem to be related to turning issues. The proposed improvement would be on the east side of the intersection. One concept is to block off Birds Eye Avenue where it intersects at Highway 214 and the George Street intersection would be reconfigured to tee-up with Highway 214. However, due to the close proximity to Highway 99E, a small raised median may need to be installed in order to eliminate a back-up of traffic movement eastbound on Highway 214. 1021 Mayor Figley questioned if there would be a protected left turn lane for motorists going eastbound. Mr. Swan stated it might be feasible but they had been focusing on the east half of the intersection, however, any traffic signal installed with the lanes available would accommodate eastbound traffic. Page 2 - Council Meeting Minutes, October 24, 2005 r COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING Mayor Figley stated that the east side of the intersection is within the urban renewal area and even though there is no immediate redevelopment plans for the area, it is likely to be redeveloped and she hoped that there would some communication between the City and ODOT relating to ODOT's ultimate design so that use of public funds for redevelopment is not demolished at a later date when a major roadway improvement is funded by ODOT. Councilor Cox questioned when the improvements to Highway 99E within the City are scheduled to begin. Mr. Swan stated that project bids would be opened in late July 2007 with the work to be in the fall of2007 and completion during the summer of2008. Councilor McCallum expressed his appreciation for the input process being solicited from the public before final design is drafted. He also questioned if lighting and more visible marking of medians would be included in the project since the median strip currently located on Highway 99E at Highway 214/211 intersection is very difficult to see at night or during raining weather conditions. He stated that reflectors have been very helpful for visibility on center lines, however, maintenance needs to be done to replace the reflectors and to stripe the roadway at least annually. He reiterated that the island has reflectors on the bottom but the area needs to be cleaned off so that motorists can see the median strip in addition to placement of a lighted sign on the median strip to warn motorists. Councilor Nichols agreed that the median strip is not visible and reflectors need to be put on top of the median strip so motorists can see the raised concrete strip in addition to better lighting of the median strip area. Mr. Swan stated that traffic separators, in some locations, are painted to increase the visibility and they will look into this issue to see what can be done to improve the visibility of the median strip area. Mayor Figley felt that ODOT would hear some negative comments on the installation of a median strip in general and she would have to be persuaded that a median strip is even necessary on Highway 99E. Councilor Nichols questioned if ODOT would be doing anything to the roadway adj acent to the lumberyard just south of Young Street (Highway 214) in the event Birds Eye Avenue is blocked off. Mr. Swan stated that this roadway has not been addressed as of this date and, based on the current budget, will be difficult to deal with as a part of this project. 1865 CONSENT AGENDA. A) approve the Council minutes of October 10,2005; B) accept the Planning Commission minutes of September 22, 2005; C) receive the Building Activity report for September 2005; D) receive the Planning Tracking Sheet dated October 19,2005; E) receive the Claims Report for September 2005; F) receive the Police Department Statistics for September 2005; and Page 3 - Council Meeting Minutes, October 24, 2005 1"'" COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING G) receive the Woodburn Aquatic Center Revenue Comparison report. Councilor McCallum expressed his appreciation of staff s continued presentations in giving the Mayor and Council information that can be shared with the public. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 1942 TABLED BUSINESS: UNION PACIFIC PIPELINE CROSSING AGREEMENT. COX/NICHOLS... remove this item from the table. The motion passed unanimously. Mayor Figley stated that a memo has been provided to the Council on this issue. Assistant City Engineer Torgeson stated that this agreement is the result of negotiations with Union Pacific Railroad regarding a new storm drain construction project which will start at Settlemier and go east to Ogle Street. The agreement would require that the City meet certain physical standards and insurance coverage for the line. Staff is proposing that some additional work be done at the culvert opening adjacent to Ogle Street since there appears to be a sink hole and, to correct this public hazard, plans have been submitted to the Railroad for review and approval of the installation of a manhole to correct the problem. In regards to the license agreement, he stated that he has had both written and telephone communication from the railroad representative in Omaha who has specifically stated that they will only work with a license agreement which is the document that is now before the Council for consideration. Councilor Cox expressed concern in that staff has indicated that they negotiated with the railroad, however, in this case, the Railroad has refused to negotiate for an easement rather than a license agreement. He stated that he was still opposed to a license agreement in that the Railroad could require removal of the line within 30 days. The total project cost for this project is approximately $190,000 and this whole project could be shut down if the Railroad decides that the City must remove the line. In all other cases, the City could easily go through a condemnation process to insure that the placement of the line would be in place for whatever length of time the City needs the line. However, with the Railroad, there is a question as to whether or not the City could go through a condemnation process. The Railroad is requiring the City to pay $2,400 for a license agreement that they can take away at any time. Staff is taking the approach that the Railroad, even though they could require the removal, would not enforce that provision since they have not done so in the past. However, as a steward of public funds, he did not believe the City should be spending that much money on a total project that could be shutdown at any time by the Railroad. An alternative might be for condemnation since there are some specific cases that elude to condemnation power being applicable as long as the condemnation is something that does not interfere with the Railroad's operational interest, and, in this case, the line would not interfere with the Railroad's operation. 2581 City Attorney Shields stated that he had prepared a general memo on this issue and, if the Council wanted to pursue this issue, the next step would be to do some title work. He agreed that there are some cases that do talk about condemnation under certain situations Page 4 - Council Meeting Minutes, October 24, 2005 1'" r COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING and there are other cases that talk about the difficulty of condemnation. Public Works Director stated that the need for the project was proposed at stafflevel in order to move storm water by gravity and, in this case, there is a culvert in the vicinity of the project which currently goes under the railroad tracks. This project would involve the boring under the tracks for an additional pipe many feet below the tracks and the Railroad would not have any need to request line removal. The proposed agreement calls for a 30- day removal and some discussion has been held to increase the 30-days to a greater time period to remove the pipe but he felt it would be best to leave the 30-day removal language in place. He reiterated that this is a standard Railroad agreement and they are not willing at this time to give the City an easement. He agreed that condemnation of the property would be in the City's best interest since the pipe would then remain under the railroad tracks as long as the City wants the pipe at that location. If the City were to accept the standard agreement, he recommended that the 30-day removal clause remain intact. Councilor McCallum questioned if staff looked at the number of agreements the Railroad has in the United States and the number of agreements, if any, the Railroad has terminated based on the license agreement provisions. Director Tiwari stated that he only looked at Woodburn's experience and found that they had not required removal but the City had, in some cases, removed lines based on the City's needs. Councilor Cox disagreed with the Public Works Director in that signing the existing agreement states that the City is agreeing to the terms and conditions within the license agreement and that the City will most likely be in a worse position to try and get an easement or condemnation. He questioned if the Director had knowledge on the authority of the existing culvert. Director Tiwari stated that he assumed that the culvert was put in when the railroad was built since there used to be a creek in that area and it was, and will continue to be, a natural swale for water drainage. He stated that the proposed project is an expansion of capacity and boring under the railroad tracks will not disturb any of the surrounding areas. The total cost of the proposed pipeline project is $190,000 and there will be an additional $200,000 for the detention pond project. Councilor Cox reiterated that the Railroad is not stopping the City from installing the line but they are reserving their right to remove the line. Even though they have not required line removals in the past, he questioned why the City should gamble a $2,400 fee plus the large project cost. In his opinion, the City should go to the map with the Railroad and find out what the City's rights are against the Railroad's rights. He stated that the City does not have the right to shut down the railroad but he would personally like to see the City find out what rights the City does have before any final action is taken on this proposed agreement. Mayor Figley suggested that 1) any decision to be made be held over to a subsequent meeting when all Councilors are present, and 2) she is personally interested in knowing Page 5 - Council Meeting Minutes, October 24, 2005 1"" COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING under what authority was agreed upon between the State and Railroad where Highway 214 goes under the railroad tracks since the railroad tracks pre-date the roadway. 3840 Councilor McCallum agreed with the Mayor's suggestions, however, he did request information on the construction time line. Director Tiwari stated that staff is looking at beginning the construction project in the spring of 2006. NICHOLS/MCCLALLUM... table this issue until a full Council is available. The motion passed unanimously. Councilor McCallum stated that he would like to receive information on what the City's rights are whether it be a condemnation issue or agreeing to the license agreement. Councilor Cox stated that the City Attorney suggested in his memo that the source of the railroad grant might be important and Councilor Cox suggested that staff determine the importance before the Council continues deliberations on this issue. Mayor Figley stated that this issue needs to be explored further since the City is bisected by railroad right-of-way and an issue of this kind is not a one-time issue since there will most likely be some other utility or public works function that does have to cross the railroad tracks. She suggested that staff find the deed rather than doing a full-blown title report at this time. 4146 COUNCIL BILL NO. 2592 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED NORTH OF MOLALLA ROAD (2045 Molalla Road). Council Bill 2592 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2592 duly passed. The public hearing will be held on December 12,2005. 4228 COUNCIL BILL NO. 2593 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22586 WITH STATE OF OREGON TRANSPORTATION DEPARTMENT FOR ELDERLY AND DISABLED PUBLIC TRANSPORTATION SERVICE. Councilor Sifuentez introduced Council Bill 2593. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2593 duly passed. 4299 COUNCIL BILL NO. 2594 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22587 WITH STATE OF OREGON TRANSPORTATION DEPARTMENT FOR TRANSIT VEHICLE CAPITAL ASSISTANCE. Councilor Sifuentez introduced Council Bill 2594. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2594 duly passed. Page 6 - Council Meeting Minutes, October 24, 2005 '" COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING 4372 COUNCIL BILL NO. 2595 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22086 WITH THE STATE OF OREGON TRANSPORT ATION DEPARTMENT FOR PUBLIC TRANSPORTATION OPERATING ASSISTANCE. Council Bill 2595 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2595 duly passed. 4438 MILL CREEK GREENWAY MASTERPLAN. Park & Recreation Director Westrick stated that Alex Stone from the National Parks Service has been the City's consultant on this plan and she will be assisting him on this presentation. He stated that the purpose of this presentation is to receive Council comments on the proposed plan and staff will then bring back a final document for Council review and adoption at a later date. He stated that the project has involved a Task Force, the Recreation & Parks Board, and City departments. The need for the master plan stems from the City's Park & Recreation Comprehensive Plan 1999 update and policies 5 and 6 relate to a continuously publicly owned greenway that serves a variety of uses including recreation, transportation, flood control, and wildlife habitat. Alexandra Stone stated that staff is nearing the end of a 2-year process and she has been working with the involved City groups to do the research necessary to put a recommendation before the Council. The National Parks Service has worked with a number of communities that are our outside of National Parks since communities do receive federal funds for park development and improvements. In Woodburn, Settlemier Park has received 8 grants including the Skate Park project, and other projects have been funded within Legion Park, community tennis courts, and the acquisition of Centennial Park. Her work involves recreational and conservation planning for communities like Woodburn in Oregon, Washington, and Idaho. In regards to this project, the Task Force appointment was a valuable tool in engaging the public in the process. This group was very diverse with different interests and they have met diligently over the last couple of years. She stated that the plan provides for a broad range of objectives and the interests supported by the greenway means that the City will end up with a comprehensive coordinated multi-purpose 8-mile greenway that will capitalize on the resources that make the community special. Director Westrick provided background information on the development of the greenway plan and public input received during this process. His power point presentation highlighted areas of interest proposed for improvements within the greenway plan. Ms. Stone described the public design charette that was part of a Recreation & Parks Board workshop. During this workshop, the Board and members of the public present sat down and looked at all five planning units in detail (south, central, north, west tributary, and Goose Creek) and begin to look at solutions they thought would be in looking at a continuous system. Design teams involved representatives from all City Page 7 - Council Meeting Minutes, October 24, 2005 T'" T COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING departments to assist the participants in working through this process. Director Westrick reviewed the system wide-conclusions and recommendations which include a trail that would run along the main stem of Mill Creek and the two tributaries, an integrated sign system, directions, mileage, environmental and historical interpretation, rules and regulations, and rest stations every quarter mile. It was noted that a restroom facility needs to be constructed in the southern portion of the City since this section of the greenway is away from the developed community parks that already have restroom facilities. He also reviewed the conclusions and recommendations for each of the planning units. Tape 2 Director Westrick stated that the plan does include proposals for long-term and mid-term solutions to work around barriers that have been identified. The plan has also been coordinated with the Parks & Recreation Comprehensive Plan which is part of the City's Comprehensive Plan and other related City plans. Ms. Stone stated that funding opportunities will be available through federal, state, local, and private funding once the plan has been adopted. She also stated that volunteers are another source of assisting with fund raising activities. On behalf of the Parks Service, she stated that they would be willing to write a letter of support whenever the City does go out to seek financial assistance since they are supportive of the plan currently before the Council. 0748 Mayor Figley stated that adoption of the plan would take place at a future meeting. Councilor McCallum stated that knowing the estimated costs are of interest to him and questioned when the estimates would be made available. He was impressed with the plan and hoped to see some improvements made over the next several years. Director Westrick stated that the City owns most of the property and the next step is to begin making improvements. The Board has suggested that a section be built completely as a model to determine what, if anything, needs to be changed within the plan. He will also be working on a letter of intent for recreational trail program funding through Oregon State Parks for submittal in December to address construction costs on a specific project. Ms. Stone encouraged the Council to promote the greenway and work on an area that would be used by the public if it was improved. She reiterated that public use will eventually lead to members of the public offering to help so that the system can be expanded as called for in the plan. Councilor McCallum questioned the security of a system that is well-used. Director Westrick stated that security will continue to be an issue but the critical point is that the greenway is a place residents want to go and enjoy. Ms. Stone also reminded the Council that consistent signage needs to be placed along the greenway in addition to a list of rules to be followed. Page 8 - Council Meeting Minutes, October 24, 2005 ]1' T COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING 1350 AMENDMENT TO AGREEMENT FOR PERIODIC REVIEW CONSULTING SERVICES. Staff recommended an addendum to the agreement with Winterbrook Planning for fiscal year 2005-06 by increasing the estimated costs for planning services by $45,000 and to expand the scope of work to include services needed for Periodic Review. NICHOLS/MCCALLUM... authorize City Administrator to execute the Addendum to Agreement for Consulting Services with Winterbrook Planning and any related documents for fiscal year 2005-06. The motion passed unanimously. 1400 AWARD OF CONTRACT FOR COMMUNITY DEVELOPMENT DIRECTOR EXECUTIVE SEARCH SERVICES. Administrator Brown recommended that Protham Company be awarded the contract to provide recruitment services related to the Community Development Director position. COX/NICHOLS... authorize the award of the contract for Community Development Director recruitment services to Protham Company and authorize the City Administrator to execute the agreement in an amount not to exceed $14,500 plus related expenses. The motion passed unanimously. 1450 ACCEPTANCE OF PUBLIC UTILITY EASEMENT AND STORM DRAIN EASEMENT. Staff recommended the acceptance of an easement from Lawrence & Sharon Johnston for a parcel of land perpendicular to Ogle Street which will provide permanent access for maintenance of sanitary sewer and storm drain lines. COX/MCCALLUM... accept the public utility and storm drain easement granted by Lawrence and Sharon Johnston. The motion passed unanimously. 1500 FISCAL YEAR 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FUNDS. Staff recommended the acceptance of the grant funds which will be used to purchase patrol rifles with accessories to equip on-duty officers who may need to respond to a critical incident. NICHOLS/COX... approve the acceptance ofLLEBG funds in the amount of$2,948.00. The motion passed unanimously. 1530 LIQUOR LICENSE APPLICATION - NUEVO ARANDAS. 450 N. First Street. Chief Russell stated that this is a new outlet since the previous owner had previously returned the license to OLCC. It was noted that this is the applicant who had previously applied for a license but was turned down by the City due to insufficient information. Chief Russell stated that the applicant had voluntarily signed a compliance which is similar to other downtown businesses. Page 9 - Council Meeting Minutes, October 24, 2005 r r COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING Councilor Cox questioned what would happen if the Council acknowledged the application but did not act on a recommendation either for or against the application. Chief Russell stated that if the Council does not act on the application, then OLCC will grant the license. Administrator Brown reminded the Council that Chief Russell did mention that the owner would be under a compliance plan and, to date, the City's experience has been very positive. COX/SIFUENTEZ... recommend to OLCC the approval of the liquor license with the compliance plan. The motion passed 3-1 with Councilor Nichols voting nay. 1742 REQUEST TO UPGRADE BUILDING INSPECTOR II/PLANS EXAMINER POSITION. Councilor Nichols questioned if the pay adjustment that our employee would be entitled to with this position upgrade. Administrator Brown stated that the employee would receive a 5% pay adjustment NICHOLS/MCCALLUM... grant the request to upgrade the Building Inspector / Plans Examiner II position The motion passed unanimously. 1832 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Subdivision 04-02 (Phase 4 of the Montebello Subdivision). The Commission approved an application to subdivide the parcel into 64 single family dwelling lots and one common property tract. B) Planning Commission's approval of Design Review 05-06 and Phase Plan 05-01 (1840 Newberg Highway). The Commission adopted a final order to allow for a phased development of a financial institution and office building located on 1.46 acres of land. No action was taken by the Council on these two items. 1940 MAYOR AND COUNCIL REPORTS. Councilor McCallum reminded the public that this year's Relay for Life Event will be held on June 23 and 24 at Woodburn High School. He also stated that James and Gina Audritsh will be the Chair for this year's event. He also inquired on the status of the new police station. Administrator Brown stated that the project is underway but it was slightly delayed when it was found that there was some soil contamination from diesel fuel and the soil had to be removed. Page 10 - Council Meeting Minutes, October 24, 2005 ~,. T COUNCIL MEETING MINUTES OCTOBER 24, 2005 TAPE READING 2094 ADJOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:05 p.m.. ATTEST J~dt. ~ Mary Te ant, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, October 24,2005 11 r