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Minutes - 02/12/2007 COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 12,2007. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Allen, Police Chief Russell, Community Services Director Row, Community Relations Officer Meza, City Recorder Tennant 0052 ANNOUNCEMENTS. A) City Office Closures: In observance of President's Day holiday, City Hall offices and the Library will be closed on Monday, February 19, 2007. B) Woodburn Aquatic Center will be closed February 17, 2007 through March 11, 2007 for annual maintenance. C) 2006-07 Supplemental Budget Hearing will be held before the City Council on Monday, February 26,2007, 7:00 p.m., in the City Hall Council Chambers. 0096 APPOINTMENTS. A) Budget Committee: Mayor Figley appointed the following individuals to serve on the Budget Committee: Position II Rene Perez term expiration 12/31/2007 Position V Don Judson term expiration 12/31/2009 MCCALLUM/NICHOLS... approve the appointments of Rene Perez and Don Judson to the W oodbum Budget Committee. The motion passed unanimously. B) Wastewater Rate Advisory Committee: Mayor Figley appointed the following individuals to serve on the Wastewater Rate Advisory Committee: Jeff Southwell Industrial business representative - Speciality Polymers Willis Grafe Senior Estates resident John Reinhardt Woodburn Budget Committee Martin Peterson Downtown Laundromat owner (Peterson Equipment) She also stated that she would like to add 1 more member to the Committee and requested that names of interested persons be submitted to her for consideration. Page 1 - Council Meeting Minutes, February 12, 2007 l" ..... -, .,... I COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING COX/MCCALLUM... approve the appointments to the Wastewater Rate Advisory Committee as presented by the Mayor. The motion passed unanimously. 0230 PROCLAMATION: WOODBURN TULIP FESTIVAL - MARCH 20. 2007 THROUGH APRIL 22. 2007. Mayor Figley proclaimed March 20, 2007 through April 22, 2007 as Woodburn Tulip Festival Month and encouraged community support and participation in this annual event which promotes tourism into our area and promotes Woodburn throughout the country. 0325 PRESENTATION: 2006 CRIME STATISTICS REVIEW. Police Chief Russell stated that the City experienced a slight increase in violent crimes (1.9%) but a tremendous reduction in property crimes (-24.37%) from calendar year 2005. Even though the property crimes of burglary and arson saw reduced numbers, the greatest reduction was in theft and motor vehicle theft. The total index crimes for 2006 decreased by -25.23% and, over a 3-year Crime Trend, total index crimes decreased by -5.95%. He reviewed a number of slides that provided more detailed information on specific offenses categorized within the department's index crime comparison for the period of 2003-2006. The index crime clearance rates on all cases for the time period between 2005 and 2006 increased by approximately 3%. He also reviewed the reduction in cases that had have a connection to methamphetamine. The Police Department responded to 22,858 incidents in 2006 which included public service and, of the incident categories, traffic had the highest number of calls for service. In the department's goals and objectives, they will (1) continue with the assault on methamphetamine which includes enforcement, prevention, and education; (2) continue to work on gang suppression through enforcement and intervention; and (3) will look for more community involvement by facilitating district meetings, district projects, and strategic planning. Chief Russell stated that, during the last year, he had seen a tremendous change in the amount of involvement within the community and his staff has become more willing to talk to people in an effort to keep communication open between the residents and the department which has lead to the reduction in street crimes. Mayor Figley stated that greater public openness and respect have a lot to do with the professionalism of the entire department and the City has exceptional people working within the department. Councilor Lonergan questioned how gang suppression relates to the downturn in crimes. Chief Russell stated that the amount of major gang offenses are very small with the majority of gang offenses relating to graffiti. The Police Department has been working with the Juvenile Department to work with youth in North Marion County to address gang issues. A key individual in this area is the City's School Resource Officer since he often will hear about incidents at the school and the department is then able to deal with the issue. Page 2 - Council Meeting Minutes, February 12, 2007 .' ...... "11-' ,.. I COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING Councilor McCallum questioned how the number of calls for service compare to the prior year. Chief Russell stated that the department had received 24,398 calls in 2005 and 22,858 calls in 2006. He stated that incidents are generated in a number of ways such as an officer talking to someone, a traffic stop, telephone calls, etc, and he is unable to provide detailed information on how the incidents were generated. Councilor McCallum stated that a lot of work has been focused on the methamphetamine issue over the last few years resulting in a decrease in some areas but there continues to to be a problem within the community that relates to schemes. Chief Russell stated that schemes he referred to in his staff report involved checks and internet scams and, while locally the small methamphetamine labs have been affected by various enforcement actions, there still is a supply of the drug on the street that needs to be dealt with. 1247 CHAMBER OF COMMERCE REPORT. Walt Blomberg, representing the Chamber, stated that the Chamber office has officially moved to downtown Woodburn and they are very pleased with their new facility. He encouraged the public to visit the Chamber at their new location which was recently renovated by the new property owner, Tom Flomer. He stated that the Chamber was an active participant is the annual Distinguish Service Awards (DSA) event which shows the Chamber's commitment to not only work with the business community but to become involve in honoring individuals within the community for their work in making Woodburn a better place to live and work. He also stated that the Chamber is involved in the Access Summit which brings School Districts from the surrounding area together to work with local industries and business owners to talk about how a strong work force can be built in the future. This is the second annual meeting and he is encouraged with the potential results from this Summit. Councilor McCallum stated that he had met with State Senator Peter Courtney who had also been in attendance at the DSA program and Senator Courtney was highly complimentary of the Woodburn Chamber of Commerce. Mr. Blomberg stated that Executive Director Nick Harville actively goes out to meet people within Woodburn and the surrounding area, and the Chamber has been working with the City and other organizations to develop partnerships that enhance our community. 1515 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that the International Baccalaureate (IB) program was initiated in 2002-2003 and many people did not believe that it was the type of program to bring to Woodburn, however, this program has almost tripled in size since it first began. The program consists of students from every demographic group within Woodburn High School and these students are excelling in the program. He stated that there is some discussion to offer Advanced Placement classes to high school students Page 3 - Council Meeting Minutes, February 12,2007 '" ......."" .... I COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING which are the more traditional class that provide college credit to students through community college connections, however, he also mentioned that students in the IB classes can also earn college credits through Chemeketa Community College. In regards to the Small Schools (high school level), it is moving forward but has had some problems along the way and staff is still working through the transformation. Overall, the students are benefitting from the change and staff is adjusting well to the transformation. 1797 LETTER FROM WILLAMETTE BROADBAND. Mayor Figley informed the public that Willamette Broadband had submitted a Rate Change Notice to the City whereby they would be increasing their cable service rates to customers effective March 1, 2007. 1835 CONSENT AGENDA. A) approve the Council Meeting minutes of January 8,2007; B) approve the Council Work Session minutes of January 20,2007; C) approve the Council Special Meeting and Executive Session minutes of January 27, 2007; D) receive the Claims report for December 2006; E) receive the Building Activity report for January 2007; F) receive the Planning Project Tracking Sheet dated February 5,2007; G) receive the Aquatic Center Project update report; and H) receive the Police Department Statistics report for December 2006. Councilor McCallum referred to the Planning Tracking sheet and questioned the number of applications that are shown as incomplete. Community Development Director Allen stated that staffhas limited control on when an applicant supplies all of the required information so that the application is deemed to be complete and ready for staff processing. Staff provides oral, and written, communication to the applicant on the criteria that needs to be addressed to assist the applicant in completing the application.. MCCALLUMILONERGAN.... adopt the Consent Agenda as presented. The motion passed unanimously. 2000 COUNCIL BILL NO. 2653 - RESOLUTION OPPOSING ANY LEGISLATION THAT IMPOSES LIMITS ON THE ABILITY OF LOCAL GOVERNMENTS TO ADOPT PARK SYSTEM DEVELOPMENT CHARGES BASED ON COMPREHENSIVE MASTER PLANS. Councilor Sifuentez introduced Council Bill No. 2653. The bill was read by title only since there were no objections from the Council. Councilor Cox stated that he would be voting in favor of the bill with some reservations. There is a need to generate park money through system development charges but, equally important, there is a need to generate revenues for the school district. He recognizes that, as a political matter, it might be necessary to tie in school system development fees Page 4 - Council Meeting Minutes, February 12,2007 l" ..... .,.. 't" I COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING with some kind of an overall limitation on development fees as a whole. He felt that there should be some legislative action taken that would allow for some school system development fees but he would be voting in favor of this bill in order to try and preserve the City's ability to impose park system development charges on new developments within the City. Councilor McCallum agreed with comments made by Councilor Cox, however, he felt that the system development charges should stand on their own and he would be in more favor of them being specific for schools provided that they are meaningful charges and the charges are high enough to have an impact for the district in which they are collected. On roll call vote for final passage, the motion passed unanimously. Mayor Figley declared Council Bill No. 2653 duly passed. 2294 COUNCIL BILL NO. 2654 - RESOLUTION AUTHORIZING THE CITY TO APPL Y FOR A GRANT FROM KaBOOM FOR PLAYGROUND RENOVATION AT NORTH FRONT STREET PARK. Councilor Sifuentez introduced Council Bill No. 2654. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Figley stated that last year's project was a success and hoped that the City would be able to do another project this year through this program. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2654 duly passed. 2370 ACCEPTANCE OF BANCROFT BOND APPLICATION. Staffrecommended the acceptance of a late Bancroft Bond application on the Boones Ferry Road improvement submitted by Raymond and Ann Albright, 1314 Jacob Street. NICHOLS/BJELLAND... accept the Bancroft Bond application submitted by the property owner within the Boones Ferry Road Local Improvement District which was filed after the initial 10-day filing period. The motion passed unanimously. 2402 2007 OLCC LIOUOR LICENSE RENEWALS. As discussed within the staff report, staff recommended renewal of fifty-three (53) existing licenses and the denial of one (1) license (Salvador's Bakery III / EI Corralejo). Robert Sepp, attorney representing the licensee, stated that many of the incidents are reports and of the 98 calls for service, only 31 calls were of concern and 9 of these calls resulted in some type of action. As required under the current compliance agreement, they are required to tell anyone who is intoxicated to exit the establishment and to bar intoxicated individuals from entering the establishment. Since the intoxicated individuals are not allowed in the building, they feel that there is no direct correlation to their establishment since those individuals could have gone to or come from another liquor establishment in the immediate area. Additionally, the Police Department had recommended to the licensee that they call the Police if there are incidents in or around Page 5 - Council Meeting Minutes, February 12,2007 T" ........ " I COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING there establishment. They feel that they are being punished for making the calls when the police department advised them to take that action. He stated that the compliance report calls for written information in English and Spanish, however, the compliance plan is only in English and his clients do not read English nor are they familiar with some of the terms in the agreement. He did not feel that it was a well-written compliance plan and should have been more specific to the establishment. He also stated that this establishment has a large parking lot and many individuals park their vehicles in the parking lot but visit other liquor establishments in the area. Additionally, there is no direct evidence that would show that fights were from EI Corralejo rather than from another establishment. He requested that Salvador's Bakery III / El Corralejo be given a recommendation for OLCC license renewal and the licensee be given an opportunity to have the compliance plan reviewed and further explained to them. Councilor McCallum questioned the on-premise security at this establishment. Mr. Sepp stated that they do have employees who are designated as Security but they are not certified Security officers. Also, the individuals doing security are posted at the door and do both interior and exterior walk-throughs for intoxicated individuals. The business does not have video equipment available. Councilor Cox stated that there would have been a perceived problem in order to have the compliance agreement in place and, according to the staff report, there continues to be problems at this establishment. He felt that there must be some validity to some of the problems outlined in the staff report and that the licensee is responsible for making sure that they understand the conditions outlined in the compliance plan. He also stated that the final decision is made by OLCC but he would be voting in favor of the Police Department's recommendation. Councilor Bjelland questioned if the establishment was still in non-compliance with the OLCC food rule requirement. Mr. Sepp did not know the status of this OLCC violation. Councilor Nichols stated that it was his understanding that the licensee had the violations explained to them and he questioned if the licensee now understands the violations and compliance plan. Mr. Sepp stated that they now understand the violations that they can control but many of the police report violations involve the business being located in an area with multiple bars within close proximity and this business cannot control what goes on in the sidewalk area or other activities outside of their business. The licensee is fully aware of the violations and compliance plan. Mayor Figley recognized the need for businesses to periodically call the police for assistance, however, in looking at the list of businesses recommended for approval some of which currently have or have had compliance plans, she felt that this business did not meet the established City standards to evaluate a business and she would be in favor of following the Police Chiefs recommendation. Chief Russell stated that the compliance plan is a standard plan of which most of the licensees operate under and, in this case, it was agreed to by the licensee in 2004 when Page 6 - Council Meeting Minutes, February 12,2007 T" "........ 't'1 COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING they first applied for a license. This compliance plan was explained to them by Sgt. Bill Torres in both English and Spanish. He stated that OLCC requires licensees that do not speak English have at least one (I) staff member on at all times that do speak English and licensees can be fined for not having an English speaking person on the premise. He stated that he had reviewed the calls for service and had concerns on 55 of the calls of which less than 5% were generated by the business. The Council's policy states that the Police Department will not hold calls that are generated by the business for assistance against them when reviewing license renewals and those are not the calls being discussed at this meeting. He stated that the issue relating to food service and failure to obtain a construction permit were found to be in non-compliance by OLCC last week and it is unknown what OLCC will be doing with these issues. He agreed that intoxicated persons on the street are the responsibility of the Police Department but licensees cannot accept visibly intoxicated persons into their establishments. Councilor Lonergan questioned if Salvador's Bakery and Salvador's Bakery III have common ownership. Chief Russell stated that it has been 2 or more years since there was common ownership. 3615 Councilor McCallum questioned the license status of Top of the Tee Restaurant and The Bunker. Chief Russell stated that the names of current establishments had been provided to the City by OLCC for action since they still have a valid license until they no longer meet OLCC license requirements. Councilor Nichols questioned the license renewal fee paid by the licensees. It was noted that the OLCC renewal fee to the City is in addition to the City's business license fee. Businesses recommended for approval are as follows: Off-Premise Sales: 7-11 Store #2353-17416B, Bi-Mart #643, Safeway Store #1976, Crossroads Grocery & Deli, Salvador's Bakery I, E-Z Stop Market Grocery & Deli, A & J Market, Gary's Market #1, Woodburn Shop N Kart, The Raven Inn, O'Donnell Enterprises (AM-PM Mini Mart), OLCC Store #60, Top ofthe Tee Restaurant, Su Casa Imports, Woodburn Grocery Outlet, Woodburn Stop N Go, Piper's Jewelry, Harry & David, Woodburn Fast Serve (Woodburn Chevron), Roadrunner V Woodburn, Young Street Market, Walmart Supercenter #1793, US Market #109, Your Northwest, and La Azteca Full On-Premise Sales: Chu's Eatery, Los Cabos Mexican Restaurant, Lupita's, Eagle's Lodge #3284, OGA Members Course, Denny's at Woodburn, The Bunker Bar and Grill, Billy 0 Deli & Pub, Perla's Restaurant, Elmer's Restaurant, The End Zone Sports Bar, Elk's Lodge #2637, Rumors Bar & Grill, and Yun Wah Chinese Restaurant Limited On-Premise Sales: Abby's Pizza Inn, Pizza Hut, Taqueria Guadalajara, The Raven Inn, 7 Mares Restaurant, Salvadors Bakery, Top of the Tee Restaurant, Shari's of Woodburn, Nuevo Arandas, Woodburn Lanes, Cactus Grill Taqueria, Fonzie's Deli, EI Armadillo Loco, and Cactus Grill & Taqueria & Restaurant II. Page 7 - Council Meeting Minutes, February 12, 2007 ".' .......'..... .,.. I COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING COX/MCCALLUM... recommend to OLCC the renewal of fifty-three (53) businesses listed businesses and the denial of one (1) listed licensee (Salvador's Bakery III / El Corralejo) listed in the staff report dated February 12,2007. The motion passed 5-1 with Councilor Nichols voting nay. Councilor Nichols stated that he voted nay on this motion not because of this one business but because of issues surrounding intoxications and of the number of lives taken away because of intoxicated persons. He is not in favor of this type of business both from a religious standpoint as well as common sense. Councilor McCallum stated that the report briefly discussed an incident where the owner was cited, and convicted, for furnishing alcohol to a minor and ordered to pay a $377 fine. He felt that the fine for this type of offense should be greater. Administrator Brown stated that staff is disappointed with OLCC's performance within our community since they seem to be lenient in applying the rules. There have been a number of incidents in which minors have been served and OLCC continues to give the establishment more chances rather than taking enforcement action. Last year he had written a letter to OLCC on this issue and would like again this year to write another letter encouraging them to go ahead and deny this application. He would also like to direct this letter to the City's legislative delegation this year so that they can hopefully work with OLCC management on this issue. Councilor Nichols stated that a recent newspaper article indicated that there are other communities within Oregon that are also beginning to apply pressure to OLCC regarding their lack of concern in performing their job. It was the consensus of the Council for staff to forward a letter to OLCC addressing the City's concerns. 4257 LIQUOR LICENSE GREATER PRIVILEGE - THE RAVEN INN. 262 N. PACIFIC HIGHWAY. A full on-premise sales liquor license application was submitted by Tina Wiltsey, DBA: The Raven Inn. This establishment currently has a limited on-premise sales license and staff is recommending that Council recommend to OLCC the approval of a license for greater privilege. BJELLAND/LONERGAN... recommend that the OLCC approve a Greater Privilege application for the Raven Inn, Inc.. Councilor Cox stated that several years ago the Raven Inn had been a problem establishment and he questioned if the issues with the owner had been resolved. Chief Russell stated that there has been a considerable change in the conduct of their business over the last few years and the owner has been taking the initiative to call him when there has been a problem to see what can be done to correct the problem. The motion pass 5-1 with Councilor Nichols voting nay. Page 8 - Council Meeting Minutes, February 12,2007 ... '....''*"' "T'I COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING 4422 WOODBURN FOUNDATION. NICHOLS/SIFUENTEZ... appoint Councilor Cox to serve on the Woodburn Foundation's Board of Directors. Councilor Cox stated that he would be willing to serve on the Board. The motion passed unanimously. 4504 VIDEO PRODUCTION SERVICES AGREEMENT WITH WCAT. Staff recommended that the current agreement be revised which provides for live, and taped re-broadcast, of various City meetings on Woodburn's public access television channel. NICHOLS/MCCALLUM... approve and authorize the City Administrator to execute the attached agreement for video production services with Woodburn Cable Access Television. The motion passed unanimously. 4566 ACCEPTANCE OF PROPOSAL AND AWARD OF CONTRACT - NORTH FRONT STREET IMPROVEMENTS. BJELLAND/NICHOLS... accept the proposal and award the contract to Harper, Houf, Peterson, Righellis Inc. for professional consulting design services in connection with North Front Street improvements in the amount of$225,815.00. Councilor Cox stated that DeHaas & Associates had provided design and construction engineering services for the North Front Street project between Hardcastle and Highway 214 since January 2000 and, as time has lapsed, the configuration of the Front Street project has changed. He also stated for the record that Mr. De Haas is a personal friend and has been a client of his for almost 30 years. In regards to the current situation, there was a personality conflict between Mr. De Haas and a City engineering staff member which eventually led to the termination of the existing contract with Mr. De Haas since there was a provision in the contract that would allow the City to terminate the contract without cause at anytime. The difficulty with this is that when a new consultant takes over the work to be done, there is extra expense incurred and inefficiencies in getting up to speed on the work to be done. He felt that it was a mistake to terminate the contract even though the City had a right to do so. When a decision was made to go out for a Request for Proposal for work on this project, De Haas & Associates was one of several consultants submitting a proposal but Mr. De Haas did not make the final cut with the reason given by the City that he had a small firm with no electrical engineer on staff. Councilor Cox stated that in the consideration process, the City chose to first examine the qualifications of the applicants without regard to what they would charge for their services. He objected to City stafflooking at the size ofthe firm and combined experience as a major criteria rather than looking at what qualifications a small firm with their contacts could provide to the City. He stated that he was criticizing the selection process and realized that the firm recommended to receive the contract will most likely receive it, however, he would be reluctantly voting against the contract award to Harper, Page 9 - Council Meeting Minutes, February 12, 2007 COUNCIL MEETING MINUTES FEBRUARY 12,2007 TAPE READING Hourf, Peterson, Righellis Inc.. Ordinarily, he did not feel that the Council should get involved in these kinds of decisions made by the City's professional staff but he knows something about this issue and feels that this was not a fair process, a professional insult to Mr. De Haas, and it will cost the City more money in the long run. He also stated that if the $225,815 contract is awarded to this new firm, they will be instructed to design the entire project from Oak Street north to Highway 214 and he feels that this project should be held up until such time as revenue sources are clearly defined to complete the project. Currently, the City will be short of funds for the project since the utility undergrounding will cost about $1 million more than the original estimate. In the event the contract is awarded to this firm, he expressed his opinion that the award be with the condition that no design work be done north of Hardcastle Avenue until the Council makes the final decision and funds are budgeted or a source of money is identified to complete the project. In regards to utility undergrounding, he personally feels that it is desirable and should clearly be done in the main core area of downtown but whether it is done all of the way out to Hwy. 214 at this time is debatable if the money is not available. He did not want to approve this contract and give the consultants the ability to immediately begin design on the full project since there are still decisions to be made on the scope of the project. Councilor Nichols questioned how far to the north De Haas & Associates did go on their designs for the City. 5587 Administrator Brown stated that the original contract did not include the downtown area and undergrounding and sidewalk replacement are other areas of work that need to be designed. Staff had to either amend the contract with De Haas & Associates or go out for bid on another contract that would extend the work from Hardcastle to Cleveland Street and, at the staff level, it was decided to go out for proposals in part due to the change in purchasing procedures the City is required to follow in more recent years since the De Haas contract was entered into in January 2000. Staff struggled with options on having one or two different consultants working on this project and decided to go out to bid. He agreed that there may be some additional start-up costs but staff wanted to be able to have a consulting firm with individuals capable of picking the project up and moving it forward rather than the firm using sub-contractors to complete the work. Staff also felt that with the utility undcrgrounding, it was important to have an electrical engineer on staff and that the selected firm have prior utility undergrounding project experience. He stated that once the project gets started, staff wants to get the project completed rather than doing it in bits and pieces. Staff has been in contact with the recommended consulting firm and informed that they will need to hold off on doing any of the electrical undergrounding work until the Council discusses this issue at their next regular meeting. If the Council elects to approve the contract, staff can make sure that the undergrounding design work will not be started until the Council thoroughly discusses the issue. Councilor Bjelland questioned if the consultants were required to submit a bid estimate at the time they submitted their qualifications. Page 10 - Council Meeting Minutes, February 12, 2007 COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING Administrator Brown stated that the bid was on qualifications only since the Public Works Director prefers to look at costs after he has reviewed the qualifications since getting the right firm for the job is of most concern. This then allows the City to negotiate a cost with the consultant of choice and, in this case, the top two consultants interviewed were given an opportunity to submit cost estimates. He stated that the Director had negotiated a cost with the firm of choice which was considerably less than the firm's original cost proposal. Councilor Cox felt that the kind of process outlined by the Administrator would make sense if a project is just beginning but, in this case, a portion of the project has already been done even though some changes need to be made. There is a cost involved in getting new consultants to perform the engineering work and, in this case, Mr. De Haas was excluded before any consultant costs were submitted to staff for consideration. 6640 Public Works Director Tiwari reviewed the process that was followed in other public works projects and noted that the City has had other major projects which involved a change in consultants as different phases ofthe projects took place. In this case, he was not part of the selection committee but he did get involved with the negotiations of the contract with the firm of choice in order to get the cost within the range of his staffs cost estimate. In regards to electrical undergrounding from Hardcastle to Highway 214, Director Tiwari stated that the cost will be around $429,000. He also stated that work will soon need to commence on this portion of the project ifit is to be done during this year's construction season and assured the Council that no significant expenditure would be made in the project area which is under discussion by the Council. Director Tiwari hoped that the Council is comfortable in that, professionally, the selection process was done ethically, morally, and legally correct. He assured the Council that Mr. De Haas is one of the great engineering professionals and by contracting with another firm does not mean that he will not be considered for other City engineering jobs. Councilor McCallum expressed his opinion that he would like to see the design work completed so that the full project cost can be evaluated and then a decision made as to what, if any, changes should be made based on available resources. Mayor Figley also felt that the two segments should be designed together thereby giving the Council a better idea of what all is involved in making an ultimate decision if cost cutting is required in any area. She realized that there will be more discussion to take place on electrical under grounding and the means of funding but, in the meantime, she felt that having the design work proceed would be of benefit to the City. Administrator Brown stated that staff is planning on bringing the forced undergrounding issue to the Council for discussion at the next regular meeting. Tape 2 0554 COX/BJELLAND... motion on the floor be amended to add a proviso that the consulting firm not be given the go ahead to any under grounding work on the project beyond north of Hardcastle until the Council further authorizes. On roll call vote, the motion to amend passed 4-2 with Councilors Nichols and McCallum voting nay. Page 11 - Council Meeting Minutes, February 12, 2007 ...." ,.. I .' COUNCIL MEETING MINUTES FEBRUARY 12, 2007 TAPE READING 0608 On roll call vote on the motion as amended, the motion passed 5-1 with Councilor Cox voting nay. 0711 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Design Review 06-12 located at 1535-1575 Mt. Hood Avenue (Mid-Valley Plaza): Approval was given to construct a drive-through coffee facility on the southern portion of the site. Councilor McCallum questioned as to how many parking places will be lost with the construction of this facility. Community Development Director Allen stated that there were approximately 13 parking spaces be taken out but some of the parking spaces will be replaced on the subject site. The entrance on Mt. Hood A venue will be improved so that it meets current City standards and internally there will be some improved traffic flow. Also, the facility is being placed in a location that will not interfere with the visual clearance area for motorists. No action was taken to bring this land use action for review. 1040 MAYOR AND COUNCIL REPORTS. Councilor Bjelland stated that MW ACT and Region II agreed to submit a request to OTC for $2 million to be allocated to the Woodburn Interchange specially dedicated to the Park N Ride lot area. A portion of the funding of the West Eugene Parkway was not going to be used and the State was re-allocating funds back to the various Regions for use on other projects. Recently, the Federal Highway Administration approved funding for an environmental assessment plan for the Woodburn Interchange which will now allow for a final design of the interchange. The only remaining barrier now is to raise the funds to complete the improvement. He also stated that at the last MW ACT meeting, he was elected to continue serving as Chair for MW ACT. 1257 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the statutory authority ofORS 192.660(1)(h) and ORS 192.660(1)(f). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:50 p.m. and reconvened at 9: 16 p.m.. 1292 Mayor Figley stated that no action was taken by the Council while in executive session. Page 12 - Council Meeting Minutes, February 12, 2007 '. .......,...." 't'1 COUNCIL MEETING MINUTES FEBRUARY 12,2007 TAPE READING ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9: 17 p.m.. "'-:-, - /' ,~~ / '- . / l / J... APPROVE~ \ / KAT "'----/ ATTEST ;1~~?I; ~~ Mary enn t, Recorder City of Woodburn, Oregon Page 13 - Council Meeting Minutes, February 12, 2007 ..... .......'...... 't'1 , ,