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Minutes - 09/12/2005 COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 12, 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 Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Finance Director Gillespie, Park & Recreation Director Westrick, Police Captain Tennant, Recreation Services Manager Patterson, Interim Community Development Director Zwerdling, Asst. City Engineer Torgeson, City Recorder Tennant Mayor Figley acknowledged the passing of former City Councilor Larry Minnard who had also been a long-time Woodburn teacher at Washington School. She called for a moment of silence not only in remembrance of Mr. Minnard but for the victims of the recent hurricane in the Gulf States. She encouraged community members to help the victims of the huricane in any way possible. 123 ANNOUNCEMENTS. A) Public Library is now open on Sunday afternoons from 1 :00 pm until 5 :00 pm. B) Celebration of Mexican Independence (September 16) will be held on September 17 and 18, 2005 at the Downtown Plaza. Activities during this two-day event include a parade, family and cultural activities, mariachis, food, games, and prizes. The event will be open from 10:00 am until 9:00 pm each day with the main event, Celebration of Grito, being held at 7:00 pm on September 18th. The Mexican Consul General or his Deputy will be in attendance for the Celebration of Grito. C) Recreation and Parks Board meeting has been moved to September 20,2005. D) Police Facility Groundbreaking Ceremony will be held on September 21, 2005, 10:00 am, at the facility site located at 1060 Mt. Hood Avenue. Page 1 - Council Meeting Minutes, September 12, 2005 T m ".. COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING 0203 PRESENTATION: MID-YEAR STATUS REPORT ON THE MARION COUNTY PUBLIC SAFETY COORDINATING COUNCIL'S ANTI-DRUG STRATEGIC PLAN 2005. County Commissioner Patti Milne presented the mid-year status report and outlined the purpose of the report which is 1) to share the progress and accomplishments made by the Coordinating Council on working through the Strategic Plan to fight the manufacture, distribution, and use of methamphetamine, and 2) to utilize the report to evaluate work that has been done and guide them in putting together a Strategic Plan for 2006, She considered this as a most aggressive plan to combat this challenging and socially destructive epidemic of our lifetime in that methamphetamine not only destroys the life of the user but touches everyone else in community. This mission of the Coordinating Council is to increase community safety and the Coordinating Council looks at ways to coordinate all of the local criminal justice policies and the efforts shared between the District Attorney's office and policing agencies within the County. In creating the Strategic Plan, three sub-committees were formed to address specific issues. The sub- committees focused on 1) educating, energizing, and engaging the community; 2) reviewing the integrated internal system response through the various agencies; and 3) public leadership. Key elements and guiding principles are addressed in the plan and the Coordinating Council continues to focus on the need for this Plan to be community based and all must work together in order to make positive changes. She stated that Woodburn Together and other local groups are working to fight this methamphetamine battle. She requested that the Mayor and Council provide input to the Public Safety Coordinating Council on the Plan since there is no single solution to the problem and continued partnerships with cities and local agencies is necessary to combat the problem. She stated that she was proud of the work done by the Coordinating Council and for what they continue to do but reiterated that it can only be done with the partnering of cities and local groups. Councilor McCallum thanked Commissioner Milne for her leadership and focus of the Coordinating Council. He also stated that Police Chief Russell is a interim member of the group which has translated into the effort our own community Task Force has made to address this issue. 0761 INTRODUCTION OF NEW RECREATION SERVICES MANAGER. Director Westrick introduced Steve Patterson as the City's new Recreation Services Manager. He stated that Mr. Patterson comes from the City of Pasadena, Texas where he served as the Community Services Manager. Steve Patterson stated that this was his first day with the City and he has enjoyed it so far. He stated that he had grown up in Michigan but worked in Texas for a number of years. He and his wife are looking forward to relocating to this area and appreciated the opportunity to work for the City. Page 2 - Council Meeting Minutes, September 12, 2005 IT COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING Director Westrick also thanked staff members Paulette Zastoupil and Steve Newport for their extra work while the Recreation Services Manager position was vacant. 0905 CHAMBER OF COMMERCE REPORT. Nick Harville, Executive Director, stated that the Chamber office statistics are at about 72% of last year which is in addition to the statistics being gathered at the Visitor Center at Woodburn Company Stores. He also provided the Council with a summary list of the number of guests who have signed the guest book representing multiple states and foreign countries. Within the first 30 days, there were 2,247 visitors through the Visitor's Center and over 12,000 pieces ofliterature distributed. The Chamber is now in the process of doing a survey which is the first step in working with the State Economists for calculating the economic impact the Visitor Center has on the area. He stated that the North Willamette Valley Tourism Alliance is developing a Christmas Brochure that will be in the Visitor's Center to entice Visitors to come back to our area for their Christmas shopping. He also stated that on October 11, 2005, a Tourism Golf Classic will be held at Langdon Farms and Chamber members from Woodburn, Silverton, Mt. Angel and Stayton-Sublimity have been invited to participate. 1065 LETTER FROM WILLAMETTE BROADBAND. Mayor Figley stated that a courtesy letter had been received from Willamette Broadband regarding an increase in service rates. 1110 CONSENT AGENDA. A) approve the regular and executive session Council minutes of August 22, 2005; B) accept the Library Board minutes of August 10, 2005 C) accept the Planning Commission minutes of July 14, 2005; D) receive the Building Activity report for August 2005; E) receive the Planning Tracking Sheet dated September 8,2005; and F) receive the Library Monthly Report for August 2005. MCCALLUM/LONERGAN... consent agenda be adopted as presented. The motion passed unanimously. 1170 TABLED BUSINESS: UNION PACIFIC RAILROAD PIPELINE CROSSING AGREEMENT. Mayor Figley stated that staff has informed her that there is no reason to bring it off of the table for this meeting. 1185 PUBLIC HEARING: SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2005-06. Mayor Figley declared the public hearing open at 7:21 p.m.. Finance Director Gillespie stated that the proposed supplemental budget addresses the following five issues: Page 3 - Council Meeting Minutes, September 12, 2005 - IT COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING 1) carry-over of unused appropriations for three projects which were started in FY 2004- 05 but not finished until the current fiscal year; 2) Municipal Court staff increase of a part-time position to a full-time position to meet increased workload; 3) provide appropriations for Winterbrook Planning to complete the Periodic Review process since the City's Community Development Director position is currently vacant; 4) provide additional appropriations for the City's labor attorney to finish negotiations with the Police Association; and 5) provide additional appropriations in the Special Assessment Fund for completing the final assessment process and recording lien documents for the Boones Ferry Road and West Lincoln Street local improvement districts. He reviewed the financial impact to each of the funds affected by the proposed supplemental budget. It was noted that, if the appropriation adjustments are approved, the General Fund contingency will be at 10.1 % of the expenditure budget. No one in the audience commented on the proposed supplemental budget. Mayor Figley declared the public hearing closed at 7:26 p.m.. BJELLAND/NICHOLS... direct staff to return an ordinance reflecting the Council's decision to approve the supplemental budget as proposed. The motion passed unanimously. 1507 PUBLIC HEARING: SALE OF PROPERTY LOCATED AT 202 TOUT STREET. Mayor Figley declared the public hearing open at 7:27 p.m.. City Administrator Brown stated that a public hearing is required for disposition of real property under State law along with public disclosure of the reasons for the disposition and the sale price being considered. This particular piece of property was purchased by the City through a Sheriffs sale for the purpose of protecting our interest in a Community Development Block Grant housing rehabilitation loan. The owners of the property defaulted on their loans and the City bought out the interest of the mortgage for $55,000 and the City's loan was for approximately $19,000. In total, the City has approximately $74,000 into this property in addition to considerable staff time to obtain this property. The property is now available to be sold and bids have been solicited. He reviewed the methodology used to determine a value on the property since an appraisal was not received. A local real estate broker who has had considerable experience with the comparable sales of residential property estimated the value at $100,000 less $10,000- $15,000 since interior and exterior work is required on this property. The Notice of Sale set a minimum acceptable bid price at $85,000 and two bids were received with the high bid being $91,200 and the low bid at $90,500. The Notice of Sale also included a condition that would be included in the deed on this property in that the purchaser would be prohibited from remonstrating on any street work or related improvements that would be made to Tout Street in front of this property. The purchaser will also be paying for all closing costs related to this property. He also recommended that another deed restriction Page 4 - Council Meeting Minutes, September 12, 2005 ..... .,.,... COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING be imposed as a condition ofthe property sale in that only a stick built home be placed on either this property or on the two lots that comprise this property. This condition will maintain more consistency with the other homes in the neighborhood some of which are historic homes. It was noted that the existing home could be demolished and two lots could be sold separately since they are lots of record and either homes can be built or brought in for occupancy. Staff recommended the acceptance of the high bid along with the conditions outlined in the staff report. Councilor Cox questioned if the high bidder would agree to the condition requiring stick- built homes. Mark Nyman, high bidder, stated that he would agree to the non-remonstrance condition for the street improvement and would agree with the condition requiring a stick-built home(s). He also stated that he is willing to proceed and able to close through escrow within 30 days after the contract is signed. No other members of the audience spoke either for or against the proposed sale of the property. Mayor Figley declared the public hearing closed at 7:33 p.m.. COXIMCCALLUM... direct staff to prepare a Resolution authorizing the sale of this property to the high bidder. The motion passed unanimously. 2013 PERIODIC REVIEW DELIBERATIONS: LEGISLATIVE AMENDMENT 05-01 (WOODBURN 2005 COMPREHENSIVE PLAN UPDATE). Mayor Figley stated that this hearing had been closed in the spring of 2005 but re-opened for limited purposes in June 2005, and the Council has deliberated to some length on two issues of particular concern. She stated that the document distributed to the Council for this meeting is the current version of some items that have been significantly altered since the original hearing plus some other responses to concerns that were raised either by Councilors or by members of the public who chose to testify either orally or by written comments. A memorandum from Greg Winterowd, Winterbrook Planning, has been provided to the Council along with a recommendation from staff for some things that need to be done in conjunction with this proposed amendment. 2166 Greg Winterowd stated that the materials before the Council, except for a couple of exceptions, are the same materials that were presented to them on June 13,2005. The Public Facilities Plan is different from the June materials and he has been working with Assistant City Engineer David Torgeson in an attempt to take the four facilities plans (Transportation, Sewer, Water, Storm Drainage) and turn those into a document which explains which projects will be needed over the next 20 years, what those projects are likely to cost, and why they are necessary. He has also prepared a set of maps on how these facilities can or will be provided to the areas that staff is proposing to be added to the growth boundary. Staff is also recommending that some tables and maps relating to projects in the Transportation Systems Plan be changed to be consistent with the Public Facilities Plan so that both short and long term projects will be identified as required Page 5 - Council Meeting Minutes, September 12,2005 - Ir COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING under the Economic Development Rule. If the Council provides the staff with direction at this meeting, then staff will be working with CH2M Hill to proceed with the amendment of the maps and tables to match what is in the Public Facilities Plan. The Buildable Lands Inventory and Lands Needs Analysis were utilized to prepare necessary tables and modifications to background documents to make sure they were internally consistent. He stated that the issue before the Council now is whether or not the Council is prepared to adopt the document. Staff is comfortable with the package now before the Council but he is aware of some concerns that have been brought up by Councilor Bjelland that need to be talked about. This package includes the maps, Comprehensive Plan, zoning, zoning standards, zoning map, Public Facilities Plan, and Transportation System Plan. These documents work together as a package and when one document is changed then other documents will need to be changed to maintain consistency. In the Urban Growth Boundary justification report, staff has attempted to reconcile all of the old background documents to address the letters received and to change the Comprehensive Plan map to be consistent with what staff perceives to be where the Council is headed on this issue. He referred to a map with the eight Study Areas for possible urban growth boundary expansion. He reiterated that the Exception Areas are, under State Law, required to be incorporated in the proposed expansion area first before any farmland is included in an expansion area. In Study Area 1, only the exception areas are proposed for inclusion in the UGB expansion. Study Area 2 (now known as the Fessler property) has the second largest concentration of Class III agricultural soils in any of the study areas and Class III agricultural soil is the lowest quality soil in buildable land outside of the current UGB. It was noted that Class IV soil is considered to be on non-buildable land. In Study Area 3, staffhas recommended removal of the golf course Class I soils even though staff believes that the land would be an excellent location for housing. The Exception Area within this study area is located to the east of Highway 99E near the north city limits boundary and is currently a developed manufactured dwelling park. The other Exception Area is MacLaren School and they do not want to come into the City. In Study Area 4 (east) it is comprised almost entirely of Class II soils with some Class IV soils but it is associated with unbuildable stream corridors, therefore, it does not help to meet a need and there were practically no Class III soils in that area. For that reason, staff has recommended the expansion area to go north rather than east. He stated that the City had also received a letter from the Department of Agriculture reminding the City that they needed to focus on creating boundaries such as utilizing existing roads and streams in Woodburn that would separate the urban growth boundary from immediately abutting existing agricultural land. In Study Area 5 (southeast), the area is mainly Class II soils and is not recommended for inclusion in the expansion area. Study Area 6 (south) is not a particularly good area for housing or for industrial land but it does include an Exception Area which is recommended for inclusion in the expansion area. Study Area 7 (southwest) has Class II soils in the northern part by the current urban growth boundary but the southern section of this area has the largest concentration of Class III soils. The Page 6 - Council Meeting Minutes, September 12, 2005 l1" COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING staff went as far as they could to the south to pick up this concentration of Class III soils for meeting industrial needs. In Study Area 8 (west), staff is recommending that the 56 acre parcel on the west side of Butteville Road be removed from the expansion area and be replaced with a 50 acre parcel in Study Area 7. It was noted that Butteville Road is a boundary separating the agricultural land from the industrial land. In total, staff is proposing the addition of about 980 gross acres or 770 net acres and the net result is that either the total acreage is 15 acres too much or 30 acres too little dependent upon the type of method used to calculate the acreage needs. It was also noted that the City is already five years into the 20-year plan and he expressed his belief that the proposed UGB will work to meet the City's needs until the year 2020. He also reminded the Council that the City has been working with ODOT on the Southwest Industrial Reserve to protect the needs addressed in the Economic Opportunities Analysis and to make sure that traffic is reserved for those industrial uses. He also reviewed the process yet to be followed once the Council adopts the plan since there are other governmental agencies that will need to review the plan before any final action is taken by the State on the expansion proposal. 4195 Councilor Lonergan questioned the difference between Class II and Class III agricultural soils. Consultant Winterowd stated that Class III soils tend to be wet and farmers tend to grow grass seed and grains. Class II soils are better drainage soils and farmers grow crops such as orchards, hops and berries. It was noted that Class III soils could grow crops that tend to be in Class II soils. Councilor Lonergan stated that his major problem with including Study Area 2 (Fessler property) is traffic, therefore, he feels that Study Area 4 (Serres property) should be considered for inclusion rather than Study Area 2. He feels that there are obvious boundaries around the Serres property and this area would have a lesser impact on traffic issues. Initially, he was sold on including the Fessler property due to the cost of service but he is very concerned about traffic issues and does not see where Boones Ferry Road can absorb any additional traffic. Consultant Winterowd stated that the traffic analysis done by the traffic engineers found that the traffic impact would be acceptable by adding Study Area 2 since there are alternative ways to reach 1-5 from that location rather than driving down Boones Ferry Road. In regards to services, he referred to the analysis done by Asst. City Engineer Torgeson which indicates a lesser cost to include Study Area 2, however, he requested that questions on service costs be addressed by the Asst. City Engineer. He reiterated that the City has to work with a finite population projection until 2020 and with a law that is relatively inflexible. In his analysis, the soil class was the determining factor as to which property would be included in the proposed expansion. 5187 Asst. City Engineer Torgeson stated that his staff did a reconnaissance level examination of the different Study Areas for providing infrastructure and extending public services to those areas. He briefly described the methods used to determine service costs which is Page 7 - Council Meeting Minutes, September 12, 2005 T In ~ COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING outlined in the 2005 Facilities Plan. He stated that the projected service cost appears to be large but were calculated based on the ground rules established by the methodology used. Following the comments received during the public hearing process, some changes were made to the service costs for each study area. He reiterated that efforts were made to apply a uniform methodology and corrections to the original calculations are italicized in the document now before the Council (Appendix C of the 2005 Facilities Plan). Additionally, there were different solutions that could be applied but staff picked a solution that they felt was straight forward. He stated that the Serres family was right in assuming that their property could be serviced by a large number of smaller pipes but there is no indication that it would cost any less than the large pipe staff used as the placeholder. It was also noted that each Study Area was analyzed independently. Councilor Bjelland questioned if there was a way to come up with a normalized approach for these costs in that comparing total cost for areas of different sizes make it difficult to judge which study area is more cost effective. Asst. City Engineer Torgerson stated that his test was to provide the raw data, however, he referred the Council to Table 14 of the UGB Justification Report (page 55) which lists each study area and a calculation of service cost per acre. Mr. Winterowd stated that the table needs to be updated to reflect the Engineer's more recent numbers and there will be a slight change to the numbers. Councilor Lonergan stated that he still feels that it makes more sense to expand to the east, however, cost will dictate the direction. Councilor Bjelland stated that the Council did not receive the large amount of materials until Friday afternoon and Attachment A (Housing Needs Analysis model) has not yet been provided. As a State Housing Analyst, he may be asked by the DLCD to review housing needs analysis sections of the Periodic Review processes cities are now going through. Until he sees Attachment A, he will not know what, if any, questions he should be asking of our staff. Additionally, six or seven cities are currently going through Periodic Review and he is working with a majority of them on their housing needs analysis. Tape 2 Consultant Winterowd reiterated that he felt that things were in order to move ahead but he does respect Councilor Bjelland's concern. He stated that he thought the housing needs analysis was part of the 2002 document but for some reason the attachment was not included in this document. He agreed that it would made sense to take a more detailed look at the background that led to the housing needs analysis before final adoption of this legislative plan. Councilor McCallum expressed concern with the number of models that have been made available during this periodic review process and he hoped that the City has used the process, models, and methodology that is acceptable as the City moves forward with the final plan. Page 8 - Council Meeting Minutes, September 12,2005 - IT COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING Mayor Figley suggested that a workshop be held next Monday evening for the very limited purpose of discussing the Housing Needs analysis. 0440 Councilor McCallum questioned if the workshop would open up the process for more public input. He also wanted to make sure that all of the documents are current and reflect the changes that have been made. Administrator Brown stated that workshop would not re-open the hearing and discussion could be focused on this particular matter. He suggested that staff notice a Special Council meeting and include a workshop on the agenda. Once the workshop is completed, the Council would go back into special session in the event the Council is ready to close their deliberations and give staff direction. Councilor Cox hoped that before the Council would go into their workshop, these issues about methodology that are of particular concern will at least be talked about between Councilor Bjelland and Consultant Winterowd so that the Council does not have to participate in the fine-tuning of the methodology. It was the consensus fo the Council to hold a Special meeting on September 19, 2005 at 7:00 p.m.. 0824 COUNCIL BILL NO. 2587 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2005-06. Councilor Sifuentez introduced Council Bill 2587. Recorder Tennant read the two readings ofthe 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 2587 duly passed with the emergency clause. 0919 COUNCIL BILL NO. 2588 - RESOLUTION COMPLETING A PORTION OF CITY OF WOODBURN PERIODIC REVIEW WORK TASK 9 BY ENTERING INTO AN URBAN GROWTH BOUNDARY COORDINATION AGREEMENT WITH MARION COUNTY. Council Bill 2588 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Administrator Brown stated that changes were made in Section II(l)(A),(B), & (C) of the agreement (page 4 of the agreement) to reflect some additional conversation staff has had with Marion County Planning Department during the course of putting this document together and staff does not feel that these changes have a material effect on the agreement. Attorney Shields stated that the changes made to these sections are in the Recorder's original copy of this resolution, therefore, no motion is necessary to authorize the change. He stated that the nature of the change relates to the effective date. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2588 duly passed. Page 9 - Council Meeting Minutes, September 12,2005 COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING 1108 BID AWARD PROTEST FILED BY JJ HENRI CO.. INC.. VICKERS NELSON ASSOCIATES. INC.. AND MILSTEAD AND ASSOCIATES. INC. - SELECTION OF CONSTRUCTION MANAGER FOR WOODBURN POLICE FACILITY. Administrator Brown stated that the agenda packet includes a thorough staff report and he was willing to answer any questions the Council may have on this issue. It was decided to hold questions until after the representative from the different firms addressed the Council with their protests. 1196 Jerry Milstead, President of Milstead & Associates, 10121 Sunnyside, Clackamas, OR, stated that he has not seen the staff report and did not have an opportunity to come down to review the report prior to this meeting. He stated that the Request for Proposals were reviewed by a selection committee and a short list of 4 firms were selected to be interviewed. These firms were Milstead & Associates; Shiels, Oblitz, & Johnson; JJ Henri; and VickerslNelson. Several weeks went by and the City provided limited communication to these firms on the status of the review process other than a decision had not been made. About 10 days ago, they all received an e-mail from the City stating that KJM had been approved by the Council for a contract for project management services. Following this information, they had tried to find out from City staff why another firm was selected for project management services when they were not on the original list of firms interviewed. He stated that this is the first time in 26 years that his firm has ever protested a decision on selection of project management. One reason for the protest is that they did not get any response from the City. He stated that items that govern the selection are 1) the state statutes, 2) Model contract rules of which it is his understanding the City utilizes the Attorney General's model rules; and 3) the City's Request for Proposal (RFP). The RFP criteria stated that the City would use a competitive negotiated selection process in the award of the proposal. He referred to ORS 279.120(1)( c) which would also apply to the negotiated price for services. Subsequent to the protest letter, he learned that Shiels Oblitz & Johnson was rated the number 1 firm and negotiations were entered into with that firm but they were not successful. He questioned what happened to his and the other two firms that were interviewed but not selected. He also referred to OAR 137.48.220 which requires that if negotiations are part of the RFP, then unsuccessful negotiations with the top finn result in negotiations in the other firms on an interview list. He has never seen the rating sheets nor does he know what firm was rated number 2, however, he feels that the process and procedures adopted by the Council and the State have been completely ignored by the City. Doug Nelson, VickerslNelson Associates, 1420 NW Lovejoy, Portland, OR, expressed his hope that the City would re-visit this award and follow the procedures looking at the top 4 rated firms before the City selected firm number 5. John Henri, President of JJ Henri, 7160 SW Hazelburn, Tualatin, OR, stated that he is very upset about the way the three firms lost the bid since there is an established procedure in place and it was not followed. It was unfortunate that the City may need to Page 10 - Council Meeting Minutes, September 12, 2005 .... .w ~ COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING throw out the process since KJM was not one of the 4 firms originally selected to participate in the interview process. He, along with representatives of the other firms, would like the City to re-visit with the other three firms to fill the construction manager position. He stated that he did not mind losing the contract but he did want to lose the bid in a fair manner since they have put in a lot of time, energy, and money in putting together proposals and they expect a level playing field. Councilor Lonergan questioned why Shields Oblitz & Johnson had not participated in the protest. Jerry Milstead stated that they had been asked but they declined to participate. He stated that they were selected as the #1 firm and had entered into negotiations but for some reason they did not finalize the negotiations. Councilor Cox question if the City had entered into an agreement with KJM Associates. Administrator Brown stated that he has held off on executing the agreement until this protest was heard by the Council. Additionally, KJM has been notified of this protest. Councilor Cox also questioned what exposures the City may have in this matter. Attorney Shields stated that he was not a part of this factually but Administrator Brown and Chief Russell are present to answer specific questions on the process. He also stated that it was his understanding that the City Administrator's report was faxed to the three protestors on Friday afternoon but there is no requirement under state law about making the report available. Based upon the facts that were well and completly documented by Chief Russell, the procedures were completely and entirely followed and it was a fair process. He stated that there is no basis for the idea of a short list but the report entitled "Documentation of Bid Award of Construction Manager on Woodburn Police Facility Project" was prepared by the Police Chief who was part of the interview team and it is a very complete document. The report clearly states that 4 firms were selected to be interviewed but three other proposals were not eliminated from consideration, The report included brief summary of each of the firms along with background check information. Since the City and Shields Oblitz & Johnson could not agree on a contract, the selection committee decided to interview KJM Associates and James Lynch. Following these interviews, a decision was made to enter into negotiations with KJM Associates. An issue raised in the bid protest but not brought out by the representatives at this meeting involved a Notice oflntent to Award which is generally issued 7 days before the award. A bid protest can be filed and that decision of the Notice oflntent to Award can be protested or, like in this case, the Council could make the award and that can be protested. It was noted that the City Administrator had also documented in the report that due to the construction schedule and that the general contract bids had been opened, this was brought to the Council for award of the construction manager contract. Staff did provide Notice of the Award to all proposers after a decision was made on which firm to contract with for these services. He reiterated that this was a fair process and the procedures in terms of the City's public contracting rules and state law were carefully followed and documented. Page 11 - Council Meeting Minutes, September 12, 2005 ,.,.. COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING 2423 Councilor Lonergan questioned if the staff report is a public document and, if so, suggested that the protestors be provided a copy of the report. Attorney Shields stated that he did not see any inconsistencies with the process provided for within the state statutes and he has drafted a proposed order which reflects the main points made by the City Administrator in his staff report. In his opinion, the process was fair and, if appealed to a court, it is defensible. Councilor Cox questioned if Attorney Shields was also comfortable with the decision to issue a Notice of Award rather than a Notice of Intent to Award due to the short time period in which award a contract since the general contractor bid award was also be awarded. Attorney Shields agreed with comments made by Councilor Cox in that time was of the essence in this situation and a decision was made to go straight to the contract award for the construction manager and legally it is defensible. Administrator Brown stated that he is quite anxious to have a construction manager on board at the same time that the construction contract was ready to let. It was noted that some construction activity will begin within the next couple of weeks. Councilor Cox felt that it was unfortunate as to how all of this has occurred. He felt that all three of the protestors are reputable business people and is sorry that they feel that they were poorly treated. However, the City may have lacked in the communication process to the bidders but there was nothing that happened that was illegal or in any way prejudicial to their rights. Even if the City were to re-advertise, the City would most likely contract with the same construction manager. In his opinion, the City is on solid legal grounds to contract with KJM Associates. Councilor Lonergan agreed with comments made by Councilor Cox based on information provided in the staff report and the deductive reasoning for accepting the KJM proposal. He did feel that the City should have communicated with these individuals regarding the recommended decision. Councilor McCallum stated that time was of the essence in contracting with a construction manager and delaying action on this position will cause a lengthy delay in getting the project completed. He stated that this whole project has been talked about the need to get it built as soon as possible and he strongly felt that this contract award needs to be followed through with, therefore, a decision needs to be made at this meeting. Councilor Bjelland expressed his feeling that giving more time for the protestors to look at the justification will not change the Council's decision on the contract award. Once the protestors look at the report, it may change their mind as to whether or not to file an appeal when they realize why they were not selected. He felt that this was a situation in where there was a breakdown of communication and some communication to them might have avoided this whole protest situation. It was the consensus of the Council take a 15 minute recess and allow the protestors to read the staff report. Page 12 - Council Meeting Minutes, September 12, 2005 ...... fP - COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING Administrator Brown agreed that the communication aspect could have been handled differently and all of bidders should have received something formally in writing rather than e-mails. He stated that he had confirmed last Wednesday with all three protestors that this meeting would be held tonight and indicated that the staff report would be available for their review on Friday afternoon. He did not oppose allowing the protestors to look at the staff report at this time but he did not believe that this issue should be held over to another meeting date. Mayor Figley questioned if it would appropriate to continue with the remaining agenda items and then adjourn to executive session thereby giving them sufficient time to read the report so that after the executive session this matter can be dealt with. Attorney Shields stated that he had drafted a proposed order for the Council to consider adopting since this issue is subject to judicial review and he would give the protestors copies of the proposed order in addition to the staff report. It was also noted that there was no need for an executive session even though it was noticed on the agenda. 3535 CITY ATTORNEY EMPLOYMENT AGREEMENT. Attorney Shields stated for the record that he has a conflict of interest on this item and he will not be able to give the Council legal advice. BJELLAND/MCCALLUM... approve and authorize the Mayor to execute the attached amendment to the City Attorney's employment agreement. Councilor Cox stated that he was not in attendance at the last meeting when the evaluation was conducted, therefore, he would abstain from voting. Administrator Brown stated that this salary increase will be given in addition to any CPI based increase that might be given to other City employees later in the year since the cpr adjustment is a condition within the Attorney's current agreement. The motion passed 5-0-1 with Councilor Cox abstaining. 3738 CITY ADMINISTRATOR'S REPORT. 1) Annual ICMA Conference in Minneapolis, MN: Administrator Brown stated that he had been invited to speak at this annual conference since Woodburn had been recognized as having one of the best practices in the country with respect to serving Latino communities. Therefore, he will not be in attendance at the next regular Council meeting. Additionally, City Attorney Shields has a conference scheduled for that same time period. He requested that the Council consider cancelling the September 26, 2005 regular meeting since he is personally not comfortable having both executive level staff members not at the Council meeting. COXlSIFUENTEZ.... cancel the next regular Council meeting (September 26, 2005). The motion passed unanimously. 3961 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he attended Wolfer's Heating & Air Conditioning Page 13 - Council Meeting Minutes, September 12,2005 T lIT 1 COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING anniversary celebration and Harold Wolfer had expressed his delight in working with the City in addition to Woodburn being a great place to live and do business. Councilor McCallum stated that he had received several inquiries about the City's emergency plan following the recent natural disaster along the Gulf Coast. He reminded the Council that the Mayor and Council each have a very thick notebook but there will be some re-thinking on emergency procedures by our staff along with State and County officials. He requested that staff provide a presentation at the next regular Council meeting on what is happening on emergency planning and lessons that are beginning to be translated from the Gulf Coast area. Chief Russell stated that he will be able to make a presentation on emergency planning and to share information on the partnerships that the City currently has along with progress that has been made. He did not feel that there would be much information available from the Gulf Coast natural disaster until later in the year. Councilor McCallum also mentioned that Perry Burlison, former Woodburn School District Ag teacher for a number of years, also passed away unexpectedly last weekend. Councilor Lonergan expressed appreciation to members of our local National Guard who recently went to the Gulf Coast to help in the recovery process. Councilor McCallum stated that there were two members of the Woodburn Fire Department who also went to the Gulf Coast to serve in the recovery process. Councilor Bjelland stated that he has been serving on the Goal 14 Urban Growth Boundary Amendment Work Group for the DLCD and LCDC in an attempt to look at issues cities are incurring when going through periodic review. This work group came to the conclusion that there were some significant areas where improvements could be made. Several weeks ago he made a presentation at a DLCD bi-monthly staff meeting on this subject and received a very good reception from them. The LCDC is holding a public hearing on September 10, 2005 to examine the 2005-07 agenda to pursue and also provide direction to DLCD. He will be presenting a proposal to simplify the periodic review process in order to eliminate the tremendous barriers cities face in attempting to satisfy the current periodic review program. He feels that the periodic review process can be completed within a year, whereas W oodbum is already eight years into the process and it will probably be nine years before it is finally adopted. He hoped that LCDC will listen to the suggestions that will be made to improve the process. Councilor Bjelland stated that MW ACT met on September 1, 2005 and one of the agenda items was to determine which large projects in MW ACT's area would be taken to the regional meeting for special funding consideration. He was pleased to see that his efforts to make the prioritization process at MW ACT a more rationale and logical basis than what had been done in the past resulted in the Woodburn Interchange project and the Newberg- Dundee project being tied for the most deserving projects for our area. He, along with the Vice-Chair, will be taking these two projects plus one other project to the regional meeting. Page 14 - Council Meeting Minutes, September 12, 2005 r IT!' 1 COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING Councilor Bjelland stated that he had also been asked to serve on the Review Committee for the Request for Proposals that were submitted in a innovative private partnership funding effort that is being examined to fund major transportation projects in the State. One of those projects is the Newberg-Dundee bypass and ifprivate money is used to make the improvement, then it will free up federal monies to be used for other projects such as the Woodburn Interchange. 5050 Councilor Sifuentez stated that St. Luke's will be sponsoring a home for a Gulf Coast refugee family. Also, the boys at MacLaren have raised over $1,000 for Red Cross and expressed her appreciation to them for their work in raising these funds. She also invited the public to attend the Celebration this weekend in the Downtown Plaza. She is very pleased with the Plaza since it is a showcase for the City and this celebration will just enhance the quality of each other's cultures. Councilor Cox stated that he was glad to be at tonight's meeting and, even though he had been suffering over the last few weeks, it was nothing in comparison to what others have been experiencing. He expressed his pleasure in living in Woodburn since the community leaders are doing what they do for the community as a whole and not for their own benefit. 5350 Mayor Figley urged the public to attend the Mexican Independence Day Celebration this weekend. 5404 BID AWARD PROTEST - Jerry Milstead stated that the City had received 4 positive comments on his company and one negative comment. He wished the City Administrator had contacted him prior to a recommendation being made so that he could give their side of the story. He stated that he would be dropping their part of the protest and wished the City well on their project. Doug Nelson also stated that he would be dropping the protest. John Henri stated that, by judging from the evaluation, his company was not the second ranked firm and he would also be withdrawing his protest. In his opinion, this process was not handled correctly by staff. Mayor Figley agreed that some things were not handled correctly but she thanked them for their professionalism on this matter. Councilor Bjelland suggested that future RFP's have written evaluations and results of the interview process are part of the record. Councilor Cox stated that it is important that the process be respected by the persons the City is asking to submit proposals. If the perception is that Woodburn is just going through the RFP to get a firm that they want, then it will cut down on the pool of bidders. Administrator Brown stated that many times cost is a determining factor in the selection process but, in this particular circumstance, staff was very conscious of the fact that the voters had entrusted in them this gift to build a police station and staff wanted to make sure that the contract manager would be pitching for the City just as if they were going to have to use the facility. He regrets the trouble that has been dealt with in the selection Page 15 - Council Meeting Minutes, September 12, 2005 r U 1 COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 TAPE READING process and staff is working hard at making the transition from the old to the new purchasing rules which were adopted in February 2005. The more recent RFP's are much more clearer than in the past and this is the first protest that he is aware of. He hoped that it reflects that the City does try to play by the rules and treat bidders fairly. 6317 Chief Russell stated that his office had not been asked to respond to any request for information and, if they had received requests, then they would have provided the documents. Since the firms have withdrawn their protests, no additional action was taken by the Council. 6543 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:58 p.m.. ~ ATTEST J7l~~ Mary T ant, Recorder City of Woodburn, Oregon Page 16 - Council Meeting Minutes, September 12, 2005 Till