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Minutes - 10/09/2006 COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 9, 2006. 0025 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, Community Development Director Allen, Police Chief Russell, Finance Director Gillespie, City Recorder Tennant 0049 ANNOUNCEMENTS. A) Aquatic Center will be closed for annual maintenance between October 22, 2006 and November 5, 2006. B) Community Center Outreach Meeting will be held on Tuesday, October 24, 2006, 6:30 p.m., at the Woodburn Public Library to discuss the design of two recreation facilities with our architect from Carleton Hart Architecture. The facilities include the expansion of the Aquatic Center and the development of a new Community Cultural Center. Mayor Figley stated that a previous Task Force had come to the consensus of the need and desirability to expand the Aquatic Center to a facility similar to what it was originally designed to be, and a wish to have a culturally oriented facility somewhere else where it would fit within our community. The purpose of this meeting is to move forward on pre- design of the Aquatic Center expansion and to develop a focus on what might be done on the cultural center concept. She urged interested members of the community to attend this meeting to provide their input on the designs of the facilities. 0129 PROCLAMATION: DOMESTIC VIOLENCE AWARENESS MONTH. Mayor Figley proclaimed the month of October 2006 as Domestic Violence Awareness Month and urged community members to continue working towards providing a safe haven for domestic violence survivors and their children by offering them hope, empowerment, and assistance in restoring their lives. 0216 PRESENTATION: DOMESTIC VIOLENCE. lane Downing, Executive Director of the Mid-Valley Women's Crisis Center, provided information on the Center which is located in Salem but is available to assist anyone in need within Marion County. As a 24-hour crisis center, they provide emergency shelter Page 1 - Council Meeting Minutes, October 9, 2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING to women and children serving up to 500 residents annually. Other intervention and supportive services provided by the Center include a 24-hour hot line accessible in almost any language, counseling, referrals to community resources, support groups, and provide life-skills training. Educational materials are printed in English, Spanish, Russian, Vietnamese, large print and audio in an effort to reach most women in the area who are in need of help. Walt Beglau, Marion County District Attorney, stated that October is the month to recognize community professionals, volunteers, and advocates who make the survivors of domestic violence their life's cause. He reviewed the District Attorney's office statistics on domestic violence cases and, within Woodburn, over 100 domestic violence cases were forwarded to the District Attorney's office over the last year. A team oflawyers has been created within his office dedicated to working on domestic violence cases and protecting victims. Within the Center, 2 out of 3 residents are children on any given day and the ability to help families is dependent upon the community's efforts to combat domestic violence. He also stated that the Crisis Center will be holding a silent auction and dessert event on December 5, 2006 to raise funds for the center. 0656 CHAMBER OF COMMERCE REPORT. Bob Rhoades, representing the Chamber Board, provided information on upcoming Chamber events: l) Crystal Apple awards for recognition of educators will be held November 3,2006 at the Oregon Garden and nominations are currently being accepted. 2) Community Auction will be held on November 18, 2006 at the Woodburn Armory. This auction is a combined effort of the Woodburn FFA, Woodburn Bulldog Association, and the Chamber. 3) the Chamber's Workforce Development program is moving forward and getting workers ready for the workplace; 4) Chamber's Forum Lunch will be held on October 18,2006 and guest speaker will be School Superintendent Walt Blomberg; and 5) the Chamber will be moving to their new office located at the comer of Lincoln and Front Street once the remodeling has been completed. 0716 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that Heritage School teacher Larry Conley received a $25,000 unrestricted financial award from the Milken Family Foundation in recognition of his work to improve student education. This award is given annually to 100 teachers throughout the United States. In regards to the upcoming bond election, he displayed pictures of the work to be completed with the bond proceeds which includes purchasing land and building a new school, repaying loan that was taken out to expand the high school facility which will house one of the four small high schools, addition of middle school space at Valor Middle School, and expansion and upgrades to the Nellie Muir elementary school. The Page 2 - Council Meeting Minutes, October 9, 2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING bond measure is for $40.5 million which equates to approximately $2.16 per $1,000 assessed value for the first year and $1.97 per $1,000 assessed for the rest of the life of the bond. 0990 CONSENT AGENDA. A) approve regular and executive session Council minutes of September 25, 2006; B) accept the draft Planning Commission minutes of September 28, 2006; C) receive the Planning Tracking Sheet dated October 5, 2006; D) receive the Building Activity Report for September 2006; and E) receive the informational memo on the Fall Leaf Collection Program. Councilor McCallum expressed his appreciation for the revisions made to the Planning Tracking Sheet in that it was much easier for him to read. MCCALLUM/BJELLAND... adopt the Consent Agenda as presented. The motion passed unanimously. 1063 PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT (Hazelwood Estates project - 825 Carol Street). Renata Chmielowski, Council of Government, stated that, as a part of the block grant closeout procedures, a hearing is required to review the results of the project with the public and for the Council to obtain public input about the City's performance under the grant. This grant was awarded in December 2005 and provided funding assistance for infrastructure improvements in support of Marion County Housing Authority's project known as Hazelwood Estates. Dennis Kilfoil, Marion County Housing Authority Executive Director, stated that their project is complete and within budget. The facility is now over 90% occupancy and they expect to have the remaining apartments leased by the end of the month. This is a 32-unit housing facility for individuals age 62 and older with income levels under $30,000 annually. Mayor Figley declared the public hearing open at 7:23 p.m.. No one in the audience commented on the project. Mr. Kilfoil thanked the City for the assistance provided to his agency by agreeing to be the applicant for the block grant which provided funding for infrastructure improvements along Carol Street. The hearing closed at 7:25 p.rn.. 1398 CURBSIDE RECYCLING PROPOSAL. Mayor Figley stated that the staff report provided information on United Disposal's curbside recycling proposal. Councilor Cox stated that he had a list of questions many of which City Administrator Brown has previously answered, however, he reviewed those questions and answers in case clarification was needed. First of all, he questioned the continued use of the red recycling box for recycling glass, motor oil, oil base paints and batteries even if the Page 3 - Council Meeting Minutes, October 9,2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING recycling cart ifused by a customer and the answer was that the recycling box will be used for these specific items and will be picked up at the same time as the cart. The next question pertained to the customer's ability to opt out of the recycling cart program if they have a 20-gallon trash container. It was confirmed that these customers could elect not to have the cart but would still be able to use the red recycling box as they currently are doing for papers, plastics, cardboard, etc., without being charged the additional $1.80 per month. His next question was whether or not cardboard boxes would have to go into the recycling cart or if the customer could continue to flatten the cardboard boxes and place the cardboard next to the cart or red recycling box. It was confirmed that the customer would have the choice of either putting the cardboard in the cart or placing it next to the cart for pick-up. In regards to the fee, he stated that United Disposal has indicated that the fee will cover costs associated with the purchase of the carts, a new truck, and a part- time employee. The service would be provided on a bi-weekly basis and United Disposal will only provide optional service to those customers with a 20-gallon trash container since they will be having a high capital investment. He also questioned what items, if any, could be recycled within a cart that cannot now be recycled with the red boxes and the answer was there is no change in the list of items that can be recycled. Lastly, he questioned if United Disposal did on-site sorting of the recyclable materials. Robin Murbach, General Manager of United Disposal Allied Waste of Marion County, stated that recycled materials are co-mingled and sent off to Far West Fibers who separates the recyclable materials. United Disposal does receive a small amount of money per ton for the co-mingled materials. All of the recycled materials are utilized and markets for the materials are found domestically and oversees. Councilor Cox questioned if styrofoam can be recycled. Ms. Murbach stated that they are working with an individual at the Salem Transfer Station who is looking at recycling styrofoam once a month but that is not something that United Disposal is including in the recyclable materials at this time. She reminded the Council that the recycling pick-up for bins and carts would be bi-weekly whereas current pick-up is weekly. Administrator Brown stated that there are two proposals before the Council but the one being considered is the bi-weekly proposal since it is more affordable than the weekly proposal. Councilor McCallum stated that concern has been raised on the size of the cart and questioned if the cart size could be reduced to a 65-gallon cart. It was noted that the red bin will hold 5-gallons. Ms. Murbach stated that she is willing to do whatever the Council would like, however, the 90-gallon size is what is used by other cities. In regards to the cart sizes, the 65- gallon has the same footprint as the 90-gallon cart but the larger cart is taller. Additionally, the carts are almost the same in price and she did not anticipate a change in the monthly fee, however, the cart size might help customers who have an issue with space. Page 4 - Council Meeting Minutes, October 9, 2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING Councilor McCallum stated that the use of carts will reduce the amount of debris found in the neighborhood since the wind will often blow loose materials down the street. He also questioned as to what other materials may be recycled in the future. Ms. Murbach stated that the Salem Transfer station is also looking at the possibility of recycling TV's and inkjet cartridges but she did not foresee much change in the curbside recycling. Councilor Lonergan declared an indirect conflict of interest with Allied Waste in that he works for Allied Waste of Clackamas County, however, he does not have any personal involvement with United Disposal or any financial involvement with any part of this program, therefore, felt that he could participate in this discussion and vote on the proposal. Councilor McCallum questioned what other cities in Marion County have this type of program in place. Ms. Murbach stated that the co-mingled recycling program is in place in Mt. Angel, Silverton, Hubbard, Salem, and Keizer. Stayton is currently looking at a co-mingled cart program. In regards to pick-up dates, United Disposal does provide a calendar for customers as a reminder as to when the recycled materials would be picked up by their company. Councilor McCallum questioned ifthere were any statistics available as to how Woodburn does for recycling. Bailey Payne, Recycling Coordinator for Marion County, stated that Marion County is mandated by DEQ to achieve a rate that increases over time but Marion County's goal is 54% is the short term and eventually to 59%. The County is making progress and are excited about Allied Waste's willingness to expand recycling options. In regards to electronics recycling, the Salem Transfer station does accept electronics such as PC's, monitors, DVD players, VCR's, stereos, telephones, and printer cartridges at no charge. Councilor Cox questioned how the $1.80 per month charge compares with the charge assessed to customers in the different cities. Ms. Murbach stated that Salem's charge was over $2.00 per month, Mt. Angel's increase was $5.50 per month for both the yard debris and recycling cart, and her recent proposal to Stayton was for $2.50 per month. Councilor Lonergan requested clarification as to whether or not customers are paying anything towards the current recycling program utilizing the red bins. Ms. Murbach stated that the current rates do include a charge for picking up recyclable materials on a weekly basis. Under the current proposal, those customers who elect not to have a cart can continue to place their paper products and plastics in the bin but the glass needs to be placed outside of the bin and customers can elect to purchase their own container which can be placed at the curbside for recycling glass, batteries, oil, and paint products. Councilor McCallum stated that the biggest concern is the size of the cart since many homeowners have small lots with limited space. I, Page 5 - Council Meeting Minutes, October 9, 2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING Councilor Lonergan stated that the same argument on cart size was raised with the yard debris program and, in the communities he services, the customers are not willing to give back either the yard debris or co-mingled recycling carts. 3502 Darryl Kelley, 432 Willow, expressed his opinion that if this proposal is adopted, then all customers should pay the additional fee rather than having it optional to only those customers who have a 20-gallon trash container. In his area, those customers with a small trash container have it overflowing and debris can be found in the yards and streets. Charles Blake, Senior Estates, questioned the regular pick-up service for the bins and whether or not additional bins or boxes will be picked up if the customer does not elect to have a cart. Ms. Murbach stated that pick-up will be on a bi-weekly basis and all recyclable materials will be pick-up. Mr. Blake stated that he understood the rationale behind the proposal but expressed his preference of having the option of using just the bins since space is of a premium in his neighborhood. Liz Kraiter, 2337 Miller Court, requested clarification on the rates. Ms. Murbach stated that there will be two rates for the 20-gallon cart with one rate including the 90-gallon co-mingled recycling cart and the other rate for just the 20-gallon trash container with the red bin. Allen Condit, 1085 Tierra Lynn Ct., stated that he did not want the 90-gallon cart and questioned if excess recycling can be taken to the facility in order not to be overflowing. Ms. Murbach clarified that no one is required to take the 90-gallon cart, however, if the trash container size is greater than 20-gallons, then the $1.80 monthly fee will be imposed even if they do not have the recycling cart. Recycling can be brought to the United Disposal facility during regular business hours at no charge. Einor Long, 1373 Rainier Rd, stated that he has limited space and has no room for a 90- gallon container but the 5-gallon red bin is insufficient space for him with a bi-weekly service. He questioned ifhe could purchase another container from a local store to be Llsed in conjunction with the red bin in case he needed for space. Ms. Murbach stated that customers with a 20-gallon trash container can purchase there own containers and place them at the curbside with the red bin for pick-up and there would be no additional charge for the extra containers. Donald Dow, 1388 Rainier Rd, requested clarification on recycling glass products. Ms. Murbach stated that glass products must be kept separate from the other co-mingled recycled products since sorting recycled products is still being done by hand and broken glass could be dangerous to the person sorting the materials. Councilor Lonergan questioned when the program would begin if it is approved by the Council. Ms. Murbach stated that they are looking to start the program right after Christmas. 4537 Mayor Figley stated that her initial reaction to the original proposal was that it would be good for our community but her concern has been for those households that would not use the large container or did not have room for the large container. If she were to vote, it Page 6 - Council Meeting Minutes, October 9, 2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING would be in support of the proposal now that she knows that someone with a 20-gal container has the option of participating in the recycling program using the cart. If they elect not to participate, they can still continue to use the recycle bin that they are currently using at no additional charge. The convenience to the consumer is paying one charge for a cart in which you can co-mingle your recyclables excluding glass and some other limited recyclable products. Councilor McCallum stated that he likes to look into the future and, as a matter of livability, would like Woodburn to increase the amount of recycling since there is a land/ ash fill site just north of Woodburn and the more garbage that is recycled the less ash will be deposited over the next several years at this site. He also has concerns about the size of the cart and hoped that some alternatives will be looked at by Allied Waste. He reiterated that there is a stewardship of the land and felt that, as time progresses on, the list of recyclable materials will continue to expand. Councilor Cox stated that the program seems to be good but he has not seen in his neighborhood any particular problem with the scattering of recyclable materials in the streets or in yards. As an elected official, he may decide to go along with the wishes of the majority of the people in his Ward which is to keep things the way they are at this time. For the short term, he did not feel that putting in the large carts would increase the amount of recycling that is currently being done by his constituents. Councilor Bjelland stated that there would be a slight increase in garbage fees if this proposal is approved by the Council. Any customer with a 20-gallon container has an option to not participate in the recyclable cart program and would not be charged the $1.80 monthly fee. If a customer stayed with the red container program, their recyclable materials would only be picked up every two weeks rather than weekly as is the current practice. In his neighborhood, the recyclable bins are overflowing and having a cart would most likely eliminate the scattering problem. He stated that all customers have an option on accepting the cart but there will be a $1.80 per month charge to all customers with a 35-gal trash container or larger. He felt that the advantages of a recycling system for most of the people in Woodburn offset the slight disadvantage for those who need a larger trash container but do not want the larger recycling cart. Councilor Nichols also stated that he would be in favor of the proposal since, in his neighborhood, recycled materials do scatter in the neighborhood. He agreed that it may be inconvenient but the benefits of recycling outweigh the disadvantages. Councilor Lonergan stated that he has the advantage of working in this industry and has seen how well it works in other communities. For example, Lake Oswego has had a 17% increase in their recycling program since the co-mingled cart program has been in effect. He stated that our local company has been working with each City to tailor a program that is unique to each City. Within Woodburn, Allied Waste has offered an opt-out provision for customers with a 20-gallon trash container and will still continue with curb-side pickup on a bi-weekly basis at no additional charge. He stated that recycling does reduce the waste stream whereas if a customer with a 35-gallon cart increases their recyling through the co-mingled cart program, then they most likely will have less trash going out Page 7 - Council Meeting Minutes, October 9, 2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING weekly thereby reducing their trash container size from 35-gallon to 20-gallon. This reduction in the trash container size will provide the customer with a net monthly savings of $.60 ($2.40 trash container savings less $1.80 recycling cart charge). If a customer has a larger trash container size and they reduce the container size due to recycling, they will see even a greater monthly cost savings. He reiterated that he is strongly in favor of recycling. He also mentioned that Woodburn was one of the first communities in the County that went to curbside recycling and it continues to expand. Councilor Sifuentez stated that recycling is good for the environment but citizens have choices and she was in favor of the proposed program. Administrator Brown stated that a change in the program will be a rate schedule adjustment, therefore, staff will need to prepare a Resolution for Council consideration. He stated that staff will be discussing can size options with United Disposal by next week and information will be provided to the Council. Ms. Murbach stated that she will work with staff on the cart size since her proposal was for a 90-gallon cart size which is used by customers in other cities. She stated that she understands the concerns of customers who do not have room for the 90-gallon cart and assured the Council that she will talk to Administrator Brown before the Council makes a final decision. She will need to order the carts in about 3 weeks in order to receive the carts in time for a December delivery and the rate adjustment would take place effective January 1,2007. Councilor McCallum stated that the Council received an excellent staffreport with both the pros and cons on the proposed service. Many people provided input and, even though people want to recycle, there are issues that need to be considered. He was impressed with a letter from a Senior Estates resident who had stated that they did not want the change but were very pleased with the service provided by United Disposal (Allied Waste). The Mayor thanked everyone who called City Hall, wrote letters, and attended this meeting to provide input on this issue. BJELLAND/MCCALLUM... authorize staff to prepare a resolution for bi-weekly recycling service. The motion passed 5-1 with Councilor Cox voting nay. 6450 COUNCIL BILL NO. 2643 - ORDINANCE PROHIBITING GRAFITTI AND THE POSSESSION OF GRAFITTI IMPLEMENTS: CREATING THE OFFENSE OF FAILURE TO SUPERVISE A MINOR COMMITTING GRAFFITI VIOLATIONS: PROVIDING FOR THE ABATEMENT OF GRAFFITI NUISANCE PROPERTY, AND REPEALING ORDINANCE NO. 2173. Council Bill No. 2643 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Bjelland stated that he was pleased to see this proposed ordinance before the Council which is reflective of the in depth research done by staff. He felt that this was an Page 8 - Council Meeting Minutes, October 9,2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READlNG excellent approach to take control of graffiti by giving the City better leverage on parents and hopefully they will provide better supervision of their children. Tape 2 Councilor McCallum also stated that the proposed ordinance is an extension of the City's current ordinance on graffiti and he felt that it was time that the City was pro-active on this issue similar to what is being done in other areas. Councilor Cox questioned if the abatement procedures are similar to what is in the CUlTent ordinance. Police Chief Russell stated that the abatement procedures are unchanged and property owners will not see any additional impact. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2643 duly passed. 0076 COUNCIL BILL NO. 2644 - RESOLUTION OF THE CITY OF WOODBURN APPROVING THE ACTIONS OF THE BOARD OF DIRECTORS OF THE HOSPITAL FACILITY AUTHORITY OF THE CITY OF SILVERTON. OREGON. Councilor Sifuentez introduced Council Bill No. 2644. The bill was read by title only since there were no objections from the Council. As outlined in the staff report, Silverton Hospital and the Hospital Authority of the City of Silverton will be financing Silverton Hospital projects located in Woodburn through the issuance ofa Health Facilities Revenue Note. To qualify 501 (c)(3) bonds under IRS Code, the governmental agencies where proposed projects are located must approve the issuance of the bond. Costs incurred by the City to review the document provided by the Hospital Authority are being paid for by the Housing Authority as provided for in an agreement which is attached to the proposed resolution. It was also noted that no property tax dollars will be assessed to property owners within Woodburn. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2644 duly passed. 'I ,I 0190 LIQUOR LICENSE - NEW OUTLET: THE BISTRO AT WELLSPRING. 1475 Mt. Hood Avenue. A new outlet full on-premise liquor license application was submitted by The Silverton Hospital for The Bistro at WellSpring. BJELLAND/SIFUENTEZ... recommend to OLCC approval of a new outlet liquor license application for The Bistro at WellSpring. Councilor McCallum stated that he had some disappointment with this application in that this location is a medical facility but the business is a separate venture even though it is owned by Silverton Hospital. Councilor Nichols stated that he had spoken to other people about this application and they were also shocked to hear that the facility had applied for a liquor license since alcohol has potential health effects on individuals and he did not believe that alcohol Page 9 - Council Meeting Minutes, October 9,2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING should be sold or consumed at a medical facility. Councilor McCallum questioned if the alcohol service is at meals only versus alcohol being served continuously similar to a bar or lounge situation. Chief Russell stated that OLCC licenses are now either Full or Limited so the license does not specifically control the timing issues. However, the applicant does have to state in the application when alcohol and food would be served and the applicant needs to abide by the hours listed in the application. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. 0397 OLCC NEW OUTLET: CACTUS GRILL TAQUERIA AND RESTAURANT #2. 1615 Mt. Hood Avenue. COX/LONERGAN... recommend to OLCC approval of the new outlet application for the Cactus Grill and Taqueria and Restaurant #2. Councilor McCallum inquired as to the number of restaurants in Woodburn that sell kegs of beer. Chief Russell stated that most locations do not have a large enough cooler to store that type of item for distribution and taverns are the businesses that would generally sell kegs. He stated that kegs have been a part of this license for many years and kegs are marked so that they can be tracked back to point of sale especially in those incidents involving juvenile drinking parties. Councilor Lonergan questioned if this business would be opened on Saturday since the staff report lists business days/hours for all but Saturday. Chief Russell stated that to the best of his knowledge the business would be open on Saturday. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. 0621 AGREEMENT FOR CONSULTING SERVICES WITH WINTERBROOK PLANNING. BJELLAND/MCCALLUM... authorize the City Administrator to execute the Amended Agreement for Consulting Services with Winterbrook Planning and any related documents for fiscal year 2006-07. The motion passed unanimously. 0663 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Partition 06-07, Variance 06-07, and Variance 06-13 for property located at 847 N. Cascade Drive. This action authorizes the creation of three (3) parcels with a variance to orient Parcel #1 toward the shared access easement instead of Cascade Drive and a variance to the street improvements on N. Cascade Drive. No action was taken by the Council to bring this land use issue up for review. Page 10- Council Meeting Minutes, October 9,2006 . COUNCIL MEETING MINUTES OCTOBER 9, 2006 TAPE READING 0675 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he had nothing to report for this meeting. 0703 MAYOR AND COUNCIL REPORTS. The Mayor and Councilors had nothing to report on at this meeting. 0731 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority ofORS 192.660(1)(h), 192.660(1)(f), 192.660(1)(d), and 192.660(1)(i). MCCALLUM/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:43 p.m. and reconvened at 9:48 p.m.. 0760 Mayor Figley stated that no action was taken by the Council while in executive session. COX/MCCALLUM... amend the City Administrator's compensation effective October I, 2006 by increasing his base salary by 6% which includes a cost of living adjustment. The motion passed unanimously. 0815 ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:50 p.m.. ATTEST IY/~~ Mary Ten ant, Recorder City of Woodburn, Oregon Page II - Council Meeting Minutes, October 9, 2006 . Executive Session COUNCIL MEETING MINUTES OCTOBER 9, 2006 DA TE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 9, 2006. CONVENED. The Council met in executive session at 8:45 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the following statutory authority: 1) ORS 192.660 (1 )(h) to consult with counsel concerning the legal rights and duties of a public body \vith regard to current litigation or litigation likely to be filed; 2) ORS 192.660 (1 )(f) to consider records that are exempt by law from public inspection; 3) ORS 192.660 (1 )(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations; and 4) ORS 192.660( 1 )(i) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance ofthe chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing. City Attorney Shields was in attendance from 8:45 p.m. until 9:00 p.m. City Administrator Brown was in attendance from 8:45 pm until 9:03 pm and returned to the executive session at 9:35 pm until adjournment. ADJOURNMENT. The executive session adjourned at 9:4 7 p.m.. ATTEST ;r;a~ ~~ Mary Te ant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, October 9, 2006 .