Minutes - 02/26/2007
COUNCIL MEETING MINUTES
February 26, 2007
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, FEBRUARY 26, 2007.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
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, Police Chief Russell, Community Development Director Allen, Finance Director
Gillespie, Public Works Manager Rohman, City Recorder Tennant
0055 APPOINTMENTS.
Mayor Figley appointed KaimafPatel, owner of the Budget Inn located on Highway 99E,
to serve on the Wastewater Rate Advisory Committee.
0122 CONSENT AGENDA.
A) approve the regular and executive session Council minutes of February 12,2007;
B) accept the Planning Commission minutes of February 8, 2007;
C) accept the Recreation and Park Board minutes of February 13,2007;
D) receive the report on Claims for January 2007;
E) receive the Police Department Statistics report for January 2007;
F) receive the Community Services Department statistics report for January 2007; and
G) receive the Country Club Road tree removal report.
Mayor Figley stated that she would be pulling Item Goff ofthe Consent Agenda since
there are individuals in the audience who would like to speak to the Council on this issue.
COX/MCCALLUM... adopt Items A through F of the Consent Agenda as presented.
The motion passed unanimously.
0204 COUNTRY CLUB ROAD TREE REMOVAL REPORT.
Jim White, 769 McNary Estates, Keizer, stated that he was the realtor that had sold the
home located at 1400 Astor Way to the current owner, Sonja Westland, last fall. He
stated that Ms. Westlund had come to City Hall today to discuss the removal of the trees
and installation of the sidewalk next to her home, however, she felt intimidated by the
City Administrator which is why she is at this meeting to express her feelings to the
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Council on this issue. Mr. White stated that there had been a meeting in Senior Estates
about a year ago when a City staff representative told the Senior Estates homeowners that
they would not be installing sidewalks within Senior Estates. Residents in the area are
now fearful that if sidewalks are installed on Country Club Road to Astor Way then more
sidewalks will be installed within this area which is something the residents do not want
to see occur. He stated that when he sold the house to Ms. Westlund, he was not aware of
the Country Club Road improvement project which will soon take place.
Sonja Westlund, 1400 Astor Way, stated that she had moved to this area to be near family
and the rose garden and trees along Country Club Road which abuts her property were
one of the main reasons for purchasing this particular piece of property. It was her
understanding that Senior Estates homeowners had been polled by the City about two
years ago about sidewalks and the homeowners had rejected the proposal. She objected
to placement of the sidewalk since it would (1) only be a short section within Senior
Estates, (2) eliminate the existing shrubbery screen, (3) bring pedestrians within 12 feet of
the entire length of her home, and (4) eliminate her privacy. She expressed concern that
installing this sidewalk would provide the City an opening for constructing more
sidewalks within Senior Estates. She also expressed concern that the sidewalk access
will bring more people into the nearby Senior Estates park and there will be more litter
along the sidewalk area which she will need to pick up in order to keep her yard area
clean. She felt that her property would lose some value if the sidewalk is installed and
her privacy is eliminated.
Paul Ribali, 1401 Astor Way, questioned if the project includes his property since there
have been a number of markings placed on and adjacent to his property. Additionally,
this is the first time he had heard about the sidewalks and removal of trees.
Mayor Figley stated that this project involves the installation of sidewalks on both sides
of Country Club Road between Boones Ferry Road and Astor Way. Within the City's
more recent Transportation Plan, the City had rejected a proposal to install sidewalks
throughout Senior Estates, however, the City did include two locations within Senior
Estates for sidewalk installation.
Public Works Director Tiwari stated that there will be no improvement west of Astor
Way and the markings show where the underground utilities are located. Senior Estates
sidewalks in the Transportation Plan are located on Hayes Street, on Country Club Road
between Astor Way and Boones Ferry Road, and on the east side of Cascade. He stated
that sidewalks need to get to an intersection where a wheelchair ramp can be installed.
He also stated that he is willing to work with the property owners abutting the sidewalk to
see what can be done to satisfy some of the safety concerns ofthe property owners. The
City does have a 13-foot public right of way adjacent to the existing street thereby
allowing the City to build the sidewalk, however, the City is still willing to look at
alternatives that would help the property owners to feel more secure. The proposed
sidewalk would be 5-foot wide along the curb line to Astor Way and trees I landscaping
will be replaced. The Country Club improvement project is a part of a local assessment
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district and costs associated with the sidewalk installation will not be charged to these
property owners as per the Council decision when the assessment district was originally
formed.
Councilor Cox questioned if a lawn strip would be placed between the curb and sidewalk.
Director Tiwari stated that the sidewalk would be placed along the curb line and the only
roadway to be widened within this project is from Boones Ferry Road to the west
property line of Senior Estates. He had considered a proposal to curve the sidewalk
around the trees but that would put the sidewalk even closer to her home.
Councilor Lonergan questioned if there was a bike path on this side of the roadway.
Director Tiwari stated that the bike lane is on the paved portion of the roadway.
Mayor Figley felt that the City should work with the residents to offer the maximum in
privacy and minimum of disruption.
In regards to the installation of a fence, Director Tiwari stated that a fence is allowed
along the property line and the property owner will need to go to the Community
Development Department to obtain information on fence regulations and the fence
permi 1.
Councilor Cox expressed his appreciation to the individuals who addressed the Council to
express their concerns since they were not familiar with what the project entailed. He
stated that the development of the Transportation System Plan and the exclusion ofthe
Senior Estates sidewalks was not an easy decision. The location of the sidewalk is on
public property and the City has a right to install the sidewalk but the question is whether
it should be done. He feels that placement of the sidewalk along the curb line is the best
location in already developed areas since it is not as disruptive to existing landscape. In
regards to the trees, they have been trimmed very heavily over the years due to the
overhead power lines and he felt that ifthe City would replant the trees with ones that
will not grow as tall, then, after a few years, the trees will look better than the trees
proposed to be removed. Additionally, by placing the sidewalk along the curb line, Ms.
Westlund's rose garden will not be affected by this project.
Mayor Figley requested that the Public Works Department work with the property owners
to make this experience as pleasant as possible.
MCCALLUM/COX... adopt Consent Agenda item G. The motion passed unanimously.
2380 PUBLIC HEARING - SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2006-07.
Mayor Figley declared the public hearing open at 7:40 p.m..
Finance Director Gillespie stated that the proposed supplemental budget had been
reviewed by the Budget Committee at their January 27,2007 workshop, however, staff is
also proposing two additional adjustments within the General Fund for Council
consideration. He reviewed the revenue and expenditure adjustments detailed in the staff
report. The beginning fund balance adjustment for all funds totaled $359,117 with
additional revenues totaling $615,854. Expenditure adjustments totaled $535,406,
contingency funds increased by $1,278,377, and reserves increased by $232,000. It was
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also noted that the increase in the General Fund contingency brings the contingency
amount up to 10.8% of budgeted General Fund expenditures. The additional changes
proposed by staff are (1) that Library Administration program supplies and services
expense of $141 ,420 not be transferred to the newly created Community Services
program since Library Administration has a specific need for Library supplies and
services, and (2) the copier proposed in the Technical & Environmental Services budget
be purchased rather than leased and a transfer in the amount of $4,500 be made from the
contingency account to the capital account instead of the proposed transfer of$2,000
between materials & services and capital outlay within the Engineering program. If the
proposed changes are approved, the beginning fund balance adjustment for all funds
totals $359,117 with additional revenues totaling $615,854. Expenditure adjustments
total $535,406, contingency funds increase by $1,278,377, and reserves will increase by
$232,000.
No one in the audience commented on the proposed supplemental budget.
Mayor Figley declared the public hearing closed at 7:55 p.m..
COX/NICHOLS... direct staff to draft an ordinance with the two changes proposed by
the Finance Director, one being in the Library and Community Services administrative
services area and the other in the Technical and Environmental Services fund for the
copier purchase.
Councilor Bjelland questioned if the City would be acquiring laptop computers for the
Mayor and Council as an alternative to the agenda packets and if so, would it be
accomplished prior to July 1.
Administrator Brown stated that staff is doing the research on the laptop requirements
and total cost for the equipment. The Council can appropriate the necessary funds for the
equipment through a contingency transfer anytime before the end of the current fiscal
year.
The motion passed unanimously.
3658 COUNCIL BILL NO. 2655 - ORDINANCE PROVIDING A PROCESS FOR THE
FORCED CONVERSION OF ELECTRIC AND COMMUNICATION
FACILITIES UNDER THE AUTHORITY DELEGATED BY THE STATE OF
OREGON.
Council Bill No. 2655 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 Cox referred to the staff memo in the agenda packet which recommends either
confirmation or amendment of the Council's November 30,2006 consensus to
underground overhead utilities on the remaining portions of the North Front Street
improvement project, and adoption of the Council Bill which would provide for a process
for the forced conversion of electric and communications facilities. He stated that he is
opposed to undergrounding the full length of the North Front Street project until such
time as funding has been identified and ratepayers will not be charged for the forced
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conversion charges. Since the proposed ordinance is before the Council only for the
purpose of addressing the particular problem as it relates to forced conversion, he did not
feel that the ordinance should be adopted at this time. He reminded the Council that this
is an Urban Renewal project which was sold to the voters of the City as a program that
would improve specific areas of the City and he did not think that it was ever suggested
that anything the City did would involve costs other than the money that was generated
through urban renewal. In this case, the City is not proposing to levy a tax but it will
have the same affect on everyone within the City since the cost to construct a portion of
the underground utilities will be a charge on the consumers electric bill. Once the City
requires PGE to do the undergrounding of electrical lines, they can go to the State's
Public Utility Commission (PUC) to request a special service fee to be imposed on all
electric users within the City to recoup their cost to do the work. Also, PGE will be in
charge of the underground project and the City will have no control over costs whatever it
may end up being. Staff has provided in the staffreport some estimates of the cost to the
ratepayer and, even though it is a fairly nominal amount, they are just estimates at this
time. He feels that this would be a hidden tax being imposed without any vote on their
part, therefore, it would be a breach of faith of what the City undertook to do when the
urban renewal district was formed. He does not object to undergrounding but revenue
sources need to be identified and they should not be billed to the electric users within the
City. He stated that he had not been at the November 30,2006 workshop and does not
know the context in which the consensus was arrived at, but he encouraged the Council to
take a good look at this issue and slow down on this decision until the City has a handle
on the money situation. If necessary, he would suggest that the ordinance be amended to
say that no order will be imposed on any utility to underground except if it is approved by
a vote of the people. He reiterated his opinion that it should be up to the people to decide
if they want to pay for undergrounding. He stated that he would be voting no on this
ordinance and encouraged the other Councilors to do likewise.
Mayor Figley stated that the Councilors in attendance at the workshop felt strongly that
infrastructure projects promised at the time the urban renewal district was approved be
completed. In her opinion, this is the City's only chance to do the undergrounding and in
order to convert from overhead to underground utilities, it involves some undergrounding
of side streets due to PGE's system configuration. Additionally, South Front Street was
completed first and now has underground utility lines and the City has an obligation to
underground the complete Front Street project. She shared Councilor Cox's concerns in
that she would like to use some other revenue source if it were available but there does
not seem to be any other source. Staff has continued to look for other sources in addition
to discussing with PGE what cost economies might be available.
Councilor Lonergan agreed with Mayor Figley in that there was a commitment to get this
project done and, at the workshop, the Council spent a long time looking at the price and
revenue options. He requested staffto comment on the costs for the undergounding and
if those costs can be controlled through PGE.
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Administrator Brown referred to his staff report in the agenda packet which provided
initial cost estimates along with additional cost estimates for PGE conversion charges,
additional distances for required side-street undergrounding, and changes in grade
through the Hardcastle Street intersection. He agreed with Councilor Cox in that the
costs could be higher when it is finally complete but he assured the Council that PGE has
worked hard to try and provide a realistic cost estimate to the City. He stated that staff
has talked to PGE about both options one of which would be the City controlling the
project and the other where PGE would control the project. He felt that it would be
cleaner ifPGE controlled the project and he did not feel that PGE would be doing
anything more than just replace the system.
Councilor McCallum questioned if the City would have any monitoring controls to see if
the City was being charged a 15-20% administrative cost ifit was PGE's project.
Administrator Brown stated that staff is dealing with a combination of both PGE public
affairs and technical staff and as of this date, administrative fees have not been brought
up as a cost in addition to what has already been factored into their estimates. He stated
that he would like to get a decision from the Council as to whether or not to use this
method to fund the project as currently designed. Another option would be to take about
$500,000 out of the cost of this project which roughly equates to the stretch of
undergrounding that runs from Hardcastle Avenue north to Highway 214 overpass.
Funding sources in Phase I of the Front Street project included urban renewal funds and
other City revenue sources and the two Phases yet to be completed also include a
combination of urban renewal funds and other City revenue sources. This project has
never been planned to stand alone as an urban renewal budget cost because there would
never be enough funds available to complete this project in addition to other projects
outlined in the urban renewal plan. At this time, he is recommending $2,050,000 of
urban renewal money for this project and, if the project is extended one year, then there
will be some additional funds available but not enough to meet the $500,000 shortfall.
He continues to look for other funding sources, submitted an application for Economic
Development funds, and will be meeting with the Governor's Economic Development
team to try and find some money for this project. He will continue to diligently work to
find the additional funds to complete the project even up until the time PGE would go
before the Public Utility Commission for a rate adjustment but, in the meantime, the
utility district is an opportunity for the City to raise the necessary funds for the entire
project. In regards to the ordinance, it would only require the City to notify those
residents that are within the underground utility district which is a considerably smaller
area than those of which the cost would be spread over. The notice to these residents are
required since they will have some responsibilities under this ordinance to deal with there
own connection to their residence and, as in the past, the City may be able to help offset
some of those costs to the residents. If this ordinance is adopted, the City will notify
everybody in the PGE franchise area that will see the rate adjustment on their bill which
will then give them the opportunity to come to the public hearing that the ordinance
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requires to express their opinion.
Councilor McCallum expressed his concern about continuing to delay this project since
Front Street north of Hardcastle continues to deteriorate and there is a health and safety
issue involved.
5631 Councilor Cox stated that he is not suggesting that the street improvement be abandoned
nor is he suggesting that the City scrap the undergrounding of utility lines. However,
there is a $500,000 shortfall between the funds that can be identified and the total project
cost estimate. By telling PGE to proceed with the project, they will go to the Public
Utility Commission to get a rate adjustment since they are entitled to recover as much of
their expense as they can convince the Public Utility Commission that is reasonable. He
felt that the City should go ahead with the project without passing this ordinance and, if
some of the other sources ofrevenue do become available, then do the undergrounding
portion of the project even ifit is at a later date.
Administrator Brown stated that he did not disagree with Councilor Cox but this is a
project that the City is trying to move along and he is unable to provide answers to all of
the questions posed by the Council, however, there is a need to move forward on the
design work on this project. He requested that Council give staff some direction on the
previous Council action to have the engineer hold in abeyance any electrical work on the
section of Front Street north of Hardcastle. The estimated cost for this portion of the
engineering work is $25,000 and he would like to see this work done in the anticipation
that funding can be found from some other source and it can then be installed at the time
the street improvement is being made.
Mayor Figley felt strongly that North Front Street have underground utilities and that the
City not incur, not only the inefficiencies, but the substantially higher cost for installing
underground utilities after the street has already been improved. She felt that the Council
should authorize the design work to move forward even if the project needs to be delayed
in order to find a funding source other than forced conversion.
6400 Councilor Bjelland expressed his opinion that the downtown area needs to have
underground utilities and would like to see undergrounding out to Highway 214 but
questioned when a final decision needs to be made on undergrounding for the portion
from Hardcastle out to Highway 214.
Administrator Brown stated that the City is quickly approaching a time period in which a
decision needs to be made in order for PGE to get the job started and finished during the
next construction season. At this point, staff has been discussing with PGE the
undergrounding of the entire span which has been recommended by PGE in order to keep
the costs down. He is unable to give a definite date for the Council to make a decision
but the undergrounding needs to be done before any street work is started in this
construction season. The plan is to do street work from Highway 214 to Hardcastle
during this construction season and the remaining portion from Hardcastle to Cleveland
in the following construction season.
Councilor Bjelland stated that if the undergrounding is not done now then it will never be
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undergrounded and the question is what is the value of having underground and does it
justify the additional cost to the ratepayer if forced conversion is the decision made by the
Council. Even though he would prefer not to see a small increase on utility bills, it may
be the only way that is feasible in order to accomplish what is in the public's best interest.
Mayor Figley questioned if the Council needs to formalize their consensus of what they
want to do regarding the undergrounding issue prior to voting on the Council Bill.
City Attorney Shields stated that the two issues are related and the Council can take
action on either issue first.
Tape 2
Councilor Bjelland expressed his opinion that passing the ordinance would not obligate
the City to force conversion rather it gives the City the right to do forced conversion
along with the process to follow in order to establish an underground utility district. He
felt that voting on the ordinance could be done at this meeting and the other issue can be
voted on after the Council Bill.
Councilor Cox agreed that passing the ordinance does not obligate the City to a course of
action but the City has taken incremental steps with each one getting closer to the
formation of underground utility district. He agreed that passage of the ordinance would
not require formation of the utility district and reiterated his position that only the work
that can be done with the money identified be completed at this time. Even though
undergrounding is good when improving a street, he did not see it as a high priority since
the City has so many other capital needs.
Councilor Bjelland stated that he did not see where the $500,000 would be removed from
other City sources to be used for this project rather funds obtained would be specifically
for this project and could not be used for general capital projects.
Councilor Nichols expressed his opinion that delaying the project will cost substantially
more and if undergrounding is decided upon, then it is best to do it now even if a utility
district is formed and ratepayers see an additional charge on their electrical bill.
Mayor Figley called for a vote on the Council Bill.
On roll call vote for final passage, the vote was 5-1 with Councilor Cox voting nay.
Since an ordinance can only pass by unanimous vote at the first meeting in which the bill
was introduced and read, this bill will be brought back to the Council at the next regular
meeting for final action.
0312 MCCALLUM/NICHOLS... underground North Front Street from Hardcastle Avenue to
the Highway 214 overpass and give staff authorization to proceed with the electrical
engineering work for that portion of the project.
The motion passed 5-1 with Councilor Cox voting nay. For the record, Councilor Cox
stated that he would separately vote yes on going ahead with the engineering but he is
voting against the motion since it is tied to proceeding with the undergrounding project.
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0406 COUNCIL BILL NO. 2656 - RESOLUTION AUTHORIZING INTER-FUND
LOAN FROM THE WATER CONSTRUCTION FUND TO THE SEWER
CONSTRUCTION FUND.
Council Bill No. 2656 was introduced by Councilor Sifuentez. The bill was read by title
only since there were no objections from the Council. On roll call vote for final passage,
the bill passed unanimously. Mayor Figley declared Council Bill No. 2656 duly passed.
0452 MARION COUNTY INTERAGENCY METHAMPHETAMINE STRIKE FORCE
AGREEMENT.
Staff recommended Council authorization to participate in the newly formed team of
narcotic investigators which includes law enforcement personnel from Woodburn, Salem,
and Keizer Police Departments, Marion County Sheriffs office, and support from Oregon
State Police and the Oregon Department of Justice. This program is funded through a
grant which is included in the proposed 2006-07 supplemental budget.
BJELLAND/MCCALL UM... authorize the Chief of Police to sign the Interagency
Agreement in order to provide a Meth Strike Force Investigator. The motion passed
unanimously.
0490 POSITION UPGRADE: EVIDENCE TECHNICIAN.
Staff recommended the upgrading of the Police Evidence Technician position from 30
hours per week to 40 hours per week to process evidence recovered by police officers,
assist in processing major crime scenes, and to document, log, and store evidence
maintaining the proper chain of custody.
BJELLAND/COX... authorize the upgrade of the Evidence Technician from part-time
(.75 FTE) to full-time (1.0 FTE). The motion passed unanimously.
0535 ACCEPTANCE OF PUBLIC RIGHTS OF WAY AND PUBLIC UTILITY
EASEMENT - BROWN STREET.
Conveyances for public right of way and utility easement were submitted by PMFB LLC
and Rose Zeinka in conjunction with the Boones Crossing Phase Two subdivision
NICHOLS/COX.... accept the Public Rights of Way as described on Attachment "A"
and "B", and the Public Utility Easement as described on Attachment "C" in the agenda
packet. The motion passed unanimously.
0535 AGREEMENT WITH KJM FOR CONSTRUCTION MANAGEMENT
SERVICES.
Staff recommended an addendum to the agreement with KJM and Associates for
construction management services relating to the construction of the new police facility.
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BJELLAND/NICHOLS... authorize the City Administrator to execute the addendum to
the agreement for construction management services with KJM and Associates, Ltd.. The
motion passed unanimously.
0560 NORTH MARION COUNTY COMMUNICATIONS (NORCOM) LEASE
AGREEMENT.
Staff recommended that Council authorize the execution of an agreement with NORCOM
for leasing 1,750 square feet within the new facility and allowing them use of other
common areas within the facility.
NICHOLS/MCCALLUM... authorize the City Administrator to execute the lease
agreement with North Marion County Communications (NORCOM). The motion passed
unanimously.
0588 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's approval of Subdivision 06-02, Variance No. 06-15,
Variance 06-16 and SWOD (Significant Westland Overlay District) No. 06-02
located at 344 Hardcastle Avenue. The Planning Commission's final order allows for
subdividing 1.6 acres into 6 single-family residential lots.
No action was taken by the Council to bring this land use action up for review.
0625 CITY ADMINISTRATOR REPORTS.
City Administrator Brown stated that review of Council goals with the Department Heads
will take several hours and he questioned the Council as to whether they would prefer a
workshop on March 10, 2007 or a later date in order to meet with staff and review the
goals.
Following a brief discussion on this issue, Administrator Brown stated that he would
contact each Councilor to see what date would work best for all the members.
0809 MAYOR AND COUNCIL REPORTS.
Councilor McCallum reminded the public that the Woodburn Kiwanis Club and the
French Prairie Kiwanis Club will be sponsoring the annual Mayor's Prayer Breakfast on
March 16,2007, from 6:30 am unti18:00 am.
Councilor Sifuentez stated that she is MacLaren's Chairperson for the Governor's Food
Drive and donations received from MacLaren's efforts will be given to the AWARE Food
Bank. She stated that a $1.00 donation will purchase 6 pounds of food and she
encouraged the Mayor and Councilors to contribute to this fundraiser since the food bank
is in need of food for distribution to local residents.
Councilor Cox stated that he was pleased with the letter Administrator Brown wrote on
the proposed limitation of Parks System Development charges and with the letter
Attorney Shields has written to LCDC regarding the appeal of a portion of a partial
remand of periodic review task 3.b relating to the City's transportation system plan.
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0950 EXECUTIVE SESSION.
Mayor Figley stated that Attorney Shields has informed her that he did not need to meet
with the Council on current litigation or litigation likely to be filed, therefore, she
entertained a motion to adjourn into executive session under the authority of ORS
192.660(1)(d) to conduct deliberations on labor negotiations.
NICHOLS/MCCALLUM... adjourn to executive session under the authority ofORS
1 92.660(1)(d). The motion passed unanimously.
The Council adjourned to executive session at 8:47 p.m. and reconvened at 9:04 p.m..
0968 Mayor Figley stated that no action was taken by the Council while in executive session.
0989 ADJOURNMENT.
NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:05 p.m..
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ATTEST q~~ ~~,J-
Mary T e ant, Recorder
City of Woodburn, Oregon
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