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Minutes - 01/26/2009COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 26, 2009. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0020 ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present (8:13 pm) Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Acting Police Chief Blevins, Community Development Director Hendryx, Finance Director Gillespie, Community Services Director Row, Recorder Tennant For the record, Mayor Figley stated that Councilor Lonergan had some business obligations to attend this evening that conflict with this meeting time. 0061 ANNOUNCEMENTS. Mayor Figley stated that a committee is being formed to take a closer look at the sign code and she encouraged any member of the public who might be interested in being a part of this committee to contact the City Administrator's office or Community Development Department. She will be making appointments at the next Council meeting. 0094 PRESENTATION: OREGON DEPARTMENT OF TRANSPORTATION Alan Fox, ODOT Project Manager for Area III -Mid Willamette Valley, stated that he is currently managing the following three Woodburn Projects: 1) Woodburn Interchange, 2) Transit Facility and Evergreen Road; and 3) Broughton Way to Park Avenue. He stated that the Transit Facility and Evergreen Road project is his main topic for Council update since he hopes to have a draft agreement for the City to review later this week in the hopes of having a final agreement approved by the Council at their February 23, 2009 meeting. He also noted that each of these projects have documents that are available for public review and there is a link on the City's Website for the public to access those documents. In regards to the Interchange project, Mr. Fox stated that it is being engineered into the design acceptance package which is less than the full set of preliminary plans. In Page 1 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING retrospect, he felt that ODOT did not do a very good job in talking to the City about the environmental assessment and explaining that environmental assessment plans are not shovel-ready plans. ODOT is currently completing their surveying which they expect it to complete in July 2009 with the design phase to begin in late summer or early fall. Once the design is completed and approved, ODOT can acquire right-of--way and get the permits for the project. It is hoped that more information on the funding aspect will be available by that time. In regards to improvements from Broughton Way to Park Avenue, the same steps are being followed similar to the Woodburn Interchange project and ODOT will be looking at potentially three alternative alignments followed by an environmental assessment on the alignment plan chosen. In regards to the Transit Facility at Oregon Highway 214 and Evergreen, this project includes extension of Evergreen Road from Highway 214 north to Country Club Court. Mr. Fox reviewed the project scope and preliminary schedule for the I-5 interchange project and stated that public involvement will take place on (1) the aesthetics during the first quarter of 2010 and (2) the traffic control plan in mid-2010. The traffic control plan will include separate meetings with businesses since they will experience an impact when construction begins but ODOT will be working on minimizing the impact. He reiterated that, since funding has not been allocated for this project, these time periods are still preliminary since the design has not been completed and a more accurate schedule will be available once the survey has been completed. It is anticipated that the design acceptance package will be approved in mid-2011, however, it will still take three to four years before the project would be completed. If funding were approved, ODOT would accelerate this project above other projects they have on the list. He stated that the I-5 project limits are from Willow Ave to Broughton Way. The interchange project will involve raising the elevation of Highway 214 to improve the line of sight resulting in some other traffic disruptions which is why ODOT is interested in building Evergreen Road as part of the Transit Facility project. The preliminary Broughton Way to Park Avenue improvement project schedule begins with a public review of the alternatives in the summer/fall 2009, a draft environmental assessment in the fall/winter 2009, and a public hearing the latter part of 2009 or early 2010. Mr. Fox stated that the Transit facility (Park n Ride) project scope includes extension of Evergreen Road from Highway 214 to Country Club Court and building a new access road into the facility. The preliminary concept sketch provides for a complete separation of buses from pedestrians, approximately 154 parking spaces, providing electrical conduit in the event some plug-ins for electric vehicles are installed, and a transit platform will be designed to carry solar panels but ODOT will not install them. He stated that even though there is no final design on the I-5 project, he has worked with ODOT's interchange designer to make sure that the facility is back far enough from Highway 214 so that any widening of the highway can be accommodated. The agreement ODOT will be submitting to the City approves the alignment of Evergreen Road which is exactly the same as what was in the environmental assessment which establishes the basis for ODOT Page 2 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING to do the Transit facility project. He reviewed the following objectives that ODOT is trying to achieve with the Transit facility project: (1) future use of solar energy and transit, (2) improved connectivity in the I-5 interchange area, and (3) aesthetics responsive to gateway location with the transit shelter and landscaping in the project area which will include public involvement. In this particular project, ODOT will manage the project development and construction, Otak consultants will be designing the plans and specifications and obtaining the permits, and the City will provide technical review of the plans, operate and maintain the transit facility, and will take jurisdiction of Evergreen Road. He reiterated that until design approval has been received, ODOT is unable to acquire right-of--way which extends out the time period before a project is completed. In this case, the schedule calls for a bid opening in May 2011 but if the property owners are cooperative in selling their land, than the project could be completed sooner than outlined in the preliminary schedule. Councilor Pugh questioned if the Evergreen Road improvement involves only the north side of Highway 214 and if preliminary drawings of the I-5 interchange project are subject to change. Mr. Fox affirmed that Evergreen Road would be improved only to the north of Highway 214. He also stated that the plans approved in the environmental assessment are the basis for the I-5 interchange design and additional engineering work to develop the design set of plans may involve some revisions to the environmental assessment plans. Councilor Pugh also questioned if ODOT is firm on their position relating to construction of another interchange at Crosby Road. Mr. Fox that the I-5 interchange project is for improvement of the current interchange (Highway 214) and the addition of a new interchange area on Crosby Road would be the subject of a new planning process. He stated that he was not commenting on the feasibility of a Crosby Road interchange since the I-5 interchange project currently before ODOT and the City involves improvements between Willow Avenue and Broughton Way. Councilor Schmidt questioned when the I-5 interchange improvement project was first started. Mr. Fox stated that he is aware of a feasibility study that was done in 2000 and the environmental study was done in 2003-2005 to determine the basic alternatives for the interchange design. Councilor McCallum stated that the first plans were developed in the early 1990's. Councilor Schmidt questioned if the Settlemier Avenue /Highway 214 intersection project is an ODOT project. Mr. Fox stated that he is familiar with the project but this is a City project. Administrator Derickson questioned the definition of a shovel-ready project as it relates to the transportation stimulus package and what the City can do to try and move a project up so that it could meet some definition of shovel-ready project. Page 3 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING Mr. Fox stated that working on getting the footprint design done will improve the readiness score of the interchange project. ODOT has determined that there are enough funds available to get the footprint design completed which will then be a significant advance to the point where it would improve the score of this project compared to other projects that did not have the footprint design. Additionally, the I-5 interchange project is already the #1 project in the area. Projects that will receive funding under the stimulus package will more than likely be those that already have all the permits in hand and all of the right-of--way acquired so construction can begin. As far as funding for this project, he felt that funding would be more likely under the reauthorization of the federal transportation bill rather than the economic stimulus package. He stated that ODOT is developing a list of projects and he believes that many of the projects will involve resurfacing projects. Administrator Derickson stated that the City has turned in a proposed overlay project for Young Street since staff felt that it would qualify as a shovel-ready stimulus project. Public Works Director Brown stated that distribution of funds from the stimulus package is fairly complex and, under the House of Representative's proposed bill, Oregon could receive about $341 million for transportation projects. Those funds would then be distributed similar to the way the surface transportation program is now and Woodburn would be allocated to receive a share based on our population. ODOT would retain about $245 million for state highway projects with the balance to the counties and cities. Based on the City's population, Woodburn could receive between $350,000 and $400,000 and Young Street was identified as having the greatest need that would meet the criteria for funding. In regards to the Highway 214 / Settlemier project, he stated that it is an ODOT project but the City was responsible for the design which was then reviewed and approved by ODOT. Additionally, ODOT awarded the bid and is executing the construction management and engineering. This is considered a local project which is different from the projects being discussed at this meeting. Administrator Derickson also questioned what could be done to widen Highway 99E. Mr. Fox stated that if a project is at the beginning stages, it would need to go to MWACT for consideration and it would compete against other projects before MWACT. Assuming MWACT approved the project, it would go through a process that may or may not involve an environmental assessment and eventually accorded a project number through MWACT and onto ODOT for consideration. Mr. Fox stated that the project budget for the building of Evergreen Road and the Transit Facility is $7.7 million. He briefly reviewed the following Agreement issues: (1) the Agreement would have a 20 year term which would begin when ODOT transfers jurisdiction of Evergreen Road to the City; (2) ODOT would retain title to the Transit facility land in case of an expansion need for the interchange, however, the agreement authorizes the City to have operational control and use of the transit facility for the term of the Agreement with some ODOT oversight on third party agreements; (3) establishes the standards for design and construction of Evergreen Road and the access road which Page 4 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING will require City approval of design variations; and (4) the Evergreen Road alignment is the same as approved in the environmental assessment but the road cannot be built without the City's approval of the alignment as designed. He stated that ODOT would plan, acquire the right-of--way, and build the project whereas the City will maintain the transit facility, access road, Evergreen Road, and landscaping. In regards to Access Control, the City will be in control of accesses north of the transit facility and other approaches to private property. Mr. Fox then reviewed the following tentative schedule of meeting with the Council: February 23, 2009 on the cooperative agreement, March 23, 2009 on the interchange project; Apri127, 2009 on the Broughton to Park Avenue improvement, then quarterly reports thereafter. He stated that he will have consultants available at meetings where issues need to discussed in more detail. Councilor Schmidt questioned the amount of area is needed to widen the roadway from the high school property to Park Avenue. Mr. Fox stated that it depends on the alternative selected, however, the roadway will be expanded at least one more lane in each direction and more discussion on the actual width will be at a future meeting. Some property will have to be acquired to widen the roadway He stated that the intent is to stay away from the south side as much as possible because of the residential property but the north side has public property that is protected environmentally by a special section of the Environmental Protection Act and if they cannot work this out with the School District to their satisfaction, then they need to go into a lengthy report that will double their work. ODOT is highly motivated to negotiate with the School District to acquire whatever property is needed. Director Brown stated that the right-of--way being given up by the City on the Nuevo Amanecer property is a utility easement right-of--way and if the City ever had to go onto that easement for a roadway, then the City would have to take and remove the building that is also on that utility easement. If the road would ever go that far to the south, the City would have to remove a full unit of housing because most of the utility easement is underneath the dwelling. He reiterated that the utility easement is not road right-of--way and this is an isolated piece of a utility easement. Councilor Schmidt stated that his concern is that if the City has to give the easement up then it will cost more money if it is needed in the future whereas if we retain the easement then the City has a negotiating factor in the future. Director Brown expressed his feeling that looking at the cost of what would happen under that particular scenario the property is insignificant due to the fact that the City would be taking a full dwelling of an apartment building . He also mentioned that allowing the easement to remain puts an encumbrance on that particular building that is going to cause a great deal of difficulty for Nuevo Amanecer to finance improvements that are currently taking place. Councilor McCallum stated that he would like information on the operation and maintenance costs of the transit facility before a decision is made on the proposed agreement. He also questioned if sidewalks recently constructed in the vicinity of the Page 5 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING high school will be removed if Highway 214 is widened between Broughton and Park Avenue. Mr. Fox stated that the sidewalks will be removed but this project is not funded yet and by the time it is funded the sidewalks will probably have had a good useful life out of the sidewalk. Administrator Derickson requested that a chronological time line from the 1990's on the I-5 interchange project be provided at the March 23, 2009 meeting. Mr. Fox stated that he will see what information is available regarding this project that would have taken place prior to the year 2000. 4045 PRESENTATION: AUDITORS REPORT. Finance Director Gillespie stated that the annual financial report is included in the Agenda Packet and the information in the report is the public's assurance that financially everything is as it is presented. Brad Bingenheimer, CPA from Boldt Carlisle Smith, stated that there are 5 major sections to the audit report: 1) independent auditors report which is the their letter to the City regarding the financial statements, 2) Management Discussion and Analysis in which the City's Finance Department has provided some additional informational and summary financial information to help the reader understand the statements, 3) the basic financial statements required under General Accepted Accounting Principles, 4) budget detail information of the various funds of the City that are not presented as part of the basic financial statements, and 5) disclosures and comments required under the Oregon minimum standards for audits of municipal corporations. In the Auditor's report, they have given an unqualified opinion on the financial statements which says that the financial statements do present fairly the financial position and results of operation of the City for the year ending June 30, 2008 in accordance with generally accepted accounting principles. The basic financial statements provide summary overview of the City as a whole on a full accrual basis of accounting which includes capital assets. He stated that over a period of time an increase in net assets is a good indicator of increasing financial health in the City. In the fourth major section of the report, the fund statements focus on economic resources and uses that are actively managed on a daily basis and these statements do not include capital assets or long term debt. An increase in these fund balances shows financial improvement and that the City is managing its resources effectively. Within the disclosure and comments section, he stated that they had evaluated the City's internal controls and felt that they are adequate given the size and complexities of the City's operations. They are also required to comment on the collateralization of public funds and during the fiscal year the City did have adequate collateralization with the depository institutions. Effective July 1, 2008, there was a change in Oregon law that changes how these public funds are going to be collateralized and now all depository institutions that accept funds from public entities are pooling all of their requirements for collateralization under the Oregon State Treasurer's Office. The Page 6 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING auditors also look at (1) indebtedness to see that the City is in compliance with long term debt covenants and legal lending limits and budgetary preparation, adoption, and execution during the year; (2) insurance and fidelity bonding; (3) programs funded by outside sources which are also subject to an audit from outside agencies; (4) funds received from State Gas Tax; (5) how the City invests their money since there are limitations on investment options; and (6) public contracting and purchasing under the provisions of Oregon State law. He stated that the City was in compliance in all of the areas which the auditors are required to comment on in the audit report. 5138 (Councilor Lonergan arrived at the meeting at approximately 8:13 p.m.) Councilor Cox stated that some other governmental organizations have experienced embezzlement of a large amount of funds by public officials and he questioned if there is anything the City should be doing to look at procedures other than end of year audit. Mr. Bingenheimer stated that there is more that could be done but there is a cost that needs to be considered. As auditors, they are required to evaluate the internal controls and to actively consider how and where fraud could occur. He felt that the City is where they ought to be, however, the City could engage either their firm or another to come in and do a very detailed analysis of all of the City's control systems and provide additional recommendations. He also mentioned that the City is also constrained by the number of people actually working within the financial system and they feel that the Finance Department has done a pretty good job of segregating duties so that no one person has complete control over an entire process. Councilor Berkey questioned if the City is meeting an effective budget plan. Mr. Bingenheimer stated that the auditors do not evaluate if the budget is effective. They do, however, look at if the budget process and the budget document to insure that it meets compliance with Oregon standards under Local Budget Law. Once the budget has been established, they look at making sure that the expenditures are within the appropriations and if there was non-compliance, then they would make a comment in the audit report that the City did not comply with specific items. As auditors, they do not determine if resources are adequately allocated to provide the maximum amount of services to the citizens. 5995 CONSENT AGENDA. A) approve the City Council minutes of December 8, 2008; B) approve the City Council special meeting and executive session minutes of January 5, 2009; C) approve the City Council minutes of January 12, 2009; D) accept the Audit Reports for fiscal year ending June 30, 2008 (City and Urban Renewal District); E) accept the Recreation and Park Board minutes of January 13, 2009; F) accept the Library Board minutes of January 14, 2009; G) accept the Planning Commission minutes of January 8, 2009; Page 7 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING H) accept the Planning Project Tracking Sheet report dated January 21, 2009; I) accept the Building Activity report for December 2008; and J) accept the December 2008 Claims report. Councilor Schmidt questioned if the Recreation & Park Board and Planning Commission minutes can be held over since they did not receive packet until late Friday and he was unable to throughly review the materials prior to this meeting. COX /MCCALLUM ... adopt the Consent Agenda as presented except for Items (E) & (G) which then can be addressed separately. The motion passed unanimously. Councilor Schmidt stated that he was willing to approve the Planning Commission minutes but the reason he had questioned if it could be held over is because no minutes had been provided to the Council for the month of December 2008. Councilor Pugh suggested that staff make a change in the date in which the agenda is distributed to Wednesday rather than Friday in case there is a concern or problem that can be addressed with staff prior to the Council meeting. Administrator Derickson stated that staff is willing to change the agenda release date to Wednesday. He also stated that he will check on the status of the December 2008 Planning Commission meeting minutes. COX/MCCALLUM.... approve the Planning Commission minutes of January 8, 2009. The motion passed unanimously. 6697 PUBLIC HEARING: FISCAL YEAR 2008-09 SUPPLEMENTAL BUDGET. Mayor Figley declared the public hearing open at 8:28 pm. Tape 2 Finance Director Gillespie commented on four items within the staff report which have different figures than what was advertised in the newspaper. The first item involves advertising costs for the City Administrator's position which totaled $40,855, however, $16,000 of this total was spent in FY 2007-08 and this amount does not need to be included in the supplemental budget. The correct appropriation amount should be $25,000 which is the balance to be paid from the FY 2008-09 budget. The second item is located in the General CIP Fund and involves the Museum Wall project. In this case, the project began in FY 2007-08 but was carried over to the current fiscal year. The appropriation advertised was for $15,000 but additional work will need to be done to make the necessary repairs and the new appropriation amount is $26,200. Additional operating contingency funds will be transferred to this appropriations line item to pay for the extra construction work. Thirdly, the Sewer Construction Fund indicated a decrease in the Beginning Fund balance by $899,003, however, this amount should only be a decrease in the Beginning Fund balance by $417,003 since a loan had previously been made to the Water Construction Fund in the amount of $482,000 and the Beginning Fund balance did not take that loan amount into consideration when calculating the original reduction amount. Lastly, the Water Construction Fund had originally listed a decrease in Beginning Fund balance by $459,560, however, the loan to the Sewer Construction Fund Page 8 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING was not considered when calculating the original amount and the corrected reduction in Beginning Fund balance is $22,431. Councilor Cox stated that, for purposes of balancing the budget, he is in agreement with what has been prepared by staff. However, he did contact Director Gillespie to discuss a couple of expenditures listed in the staff report and he is satisfied with staff's responses. Councilor Schmidt stated that he would have liked more time to review the material but, after talking to staff, he will vote to approve the supplemental budget. No one in the audience spoke either for or against the supplemental budget. Mayor Figley declared the public hearing closed at 8:34pm. COXJPUGH... approve the supplemental budget and direct staff to bring forth an ordinance to implement the changes. The motion passed unanimously. 0282 COUNCIL BILL NO. 2758 -ORDINANCE VACATING A PORTION OF A TRIANGULAR PERMANENT EASEMENT ON 1274 FIFTH STREET (Second Readin Mayor Figley requested a Second Reading of Council Bill No. 2758. Recorder Tennant read by 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 No. 2758 duly passed with the emergency clause. 0332 COUNCIL BILL NO. 2762 -ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2008-09. Councilor McCallum introduced Council Bill No. 2762. 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 No. 2762 duly passed with the emergency clause. 0390 ACCEPTANCE OF WARRANTY DEED FOR PUBLIC RIGHT-OF-WAY. Staff recommended the acceptance of a Warranty Deed from St. Luke's Catholic Church for the purpose of acquiring right-of--way along the frontage of the St. Luke's Cemetery for the North Front Street improvement project. COX/LONERGAN.... accept the warranty deed for public right-of--way granted by St. Luke Catholic Church to the City for right-of--way along the frontage of the cemetery. The motion passed unanimously. 0435 LIOUOR LICENSE CHANGE OF OWNERSHIP FULL ON-PREMISES SALES• The Restaurant at the Estates, 1776 Country Club Road A change of ownership full on-premises sales application was submitted by Geri, Inc. DBA: The Restaurant at the Estates. Page 9 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING Councilor Cox stated that he had a potential conflict of interest since he is a member of Senior Estates but he will not let it interfere with his judgement. Councilor Schmidt stated that he also had a potential conflict since he knows the operator quite well and they belong to the same organization, however, he will not let that association have anything to do with his vote. LONERGAN/PUGH... accept the change of ownership and recommend to OLCC approval of the application for The Restaurant at the Estates. The motion passed unanimously. 0490 TRANSIENT OCCUPANCY TAX GRANT FUNDS. Councilor Cox stated that he had questions which he had submitted to Assistant City Administrator Stevens who gave him a more detailed explanation of what had happened and there was nothing wrong with what had occurred but it did slip between the cracks for a period of time. The City Council had approved the disbursement of the money but it did not get distributed as it should have due in part to staff changes at both the City and Chamber management levels. COX/PUGH.... authorize the City Administrator to draft a resolution to transfer General Fund operating contingency funds to the TOT appropriation line item for the remaining 2007-08 TOT grant balance previously approved by the City Council and to distribute the funds. Councilor Schmidt stated that ordinance calls fora 9% tax to be collected by operators of hotels and motels within the City. Of the tax collected, one-third of the tax collected goes to tourism and economic development and the balance goes into the general fund budget. In his opinion, more of the tax funds should be given to support tourism which the Chamber has been doing for the City and he suggested that the one-third amount be increased to one-half of the tax collected. Councilor Pugh stated that the Chamber is working hard to become stronger financially and questioned if the City is committed to a certain percentage amount to the Chamber under the ordinance or is the Council free to make changes in the amount that can be allocated at this meeting. Mayor Figley stated that issues being discussed differ from the intent of the motion and she called for a vote on the motion with discussion on the tax allocation to follow. The motion passed unanimously. Mayor Figley felt that a lengthy discussion on this issue maybe premature since the ordinance does provide for the method in which funds collected are distributed and any changes will require an amendment to the ordinance. She also felt that this might be a topic for policy discussion by the Budget Committee as it relates to changing the proportion. Assistant City Administrator Stevens stated that the ordinance requires that the grant program have an annual process in which applications are received and the City awards the grant funds. Grant(s) are submitted around April of each year and funding is awarded Page 10 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING for the following fiscal year. The Council can change the ordinance but any change in the grant amounts would be for the next fiscal year. The ordinance also specifies the amount that can be used for economic development and tourism and the amount for other City expenditures. Mayor Figley stated that this is an issue that needs to have further discussion and will need to be discussed with the Budget Committee for the fiscal year 2009-10 budget. 0936 CITY ADMINISTRATOR'S REPORT. A) Administrator Derickson invited the Councilors who are interested in taking a look at the City's Water plant, Wastewater plant, or the Police Facility to let him know and he will arrange for a tour. He recently took the new Councilors on a tour as part of an orientation process and wanted to extend the same invitation to the rest of Councilors. B) Administrator Derickson also invited the Councilors to attend the swearing in ceremony whereby Officer John Mikkola will be promoted to the position of Police Sergeant on Wednesday, January 28"', 2:30 p.m., at the Police Facility. 1026 MAYOR AND COUNCIL REPORTS. Councilor McCallum stated that he had distributed invitations to the Mayor and Council for the Relay for Life kickoff event which will be held on Tuesday, February 3rd, from 6:30 until 8:00 pm at Wellspring. He encouraged interested participants to attend. Councilor Schmidt stated that he had some individuals bring up to him the possibility of naming the new police building which does not have a name on it at this time, after Police Captain Tom Tennant. He suggested that the Council further discuss some type of memorial at a future date. Mayor Figley stated that it was a privilege of visiting Mrs. Avala's kindergarten class last Friday and they showed her that they all knew the pledge of allegiance. She, along with their principal, handed out certificates to the students and she let the students know that the City Council meetings always begin with the pledge of allegiance. 1212 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(1)(h). COX/LONERGAN.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned into executive session at 8:50 p.m. and reconvened at 9:25 p.m.. Mayor Figley stated that no action was taken by the Council while in executive session but a motion for Council consideration Page 11 -Council Meeting Minutes, January 26, 2009 COUNCIL MEETING MINUTES JANUARY 26, 2009 TAPE READING COX/MCCALLUM... authorize the City Administrator to execute a proposed settlement agreement with Qwest Communications to settle the matter of the audit of the franchise fees paid in the years 2000 to 2005 inclusive with settlement terms outlined in the staff report. The motion passed unanimously. 1290 ADJOURNMENT. SCHMIDT/PUGH..... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:27 p.m.. APPRO~ ATTEST , Mary T ant, Recorder City of Woodburn, Oregon Page 12 -Council Meeting Minutes, January 26, 2009