Minutes - 01/22/2001
COUNCIL MEETING MINUTES
JANUARY 22, 2001
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JANUARY 22, 2001.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0020 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Jennings
Bjelland
Chadwick
Figley
Kilmurray
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present (7: 10 pm)
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman,
Park & Recreation Director Westrick, Senior Planner Zwerdling, Management Analyst II
Merwin, Management Analyst I Smith, City Recorder Tennant
0043 ANNOUNCEMENTS.
A) Budget Committee Workshop: The committee will meet on Saturday, January 27,
2001,9:00 am, in the City Hall Council Chambers for the purpose of (1) mid-year budget
review, (2) supplemental budget review, and (3) 2001-02 budget workshop.
0067 PRESENTATIONS.
A) Introduction of Management Analyst II: Administrator Brown introduced Kezia
Merwin to the Council who was appointed to the Management Analyst IT position in
December. This position was originally created during the last budget year, however, due
to an extensive recruitment process, the position was just recently filled. Ms. Merwin's
job responsibilities include the Museum, Special Events Coordinator, and grant writing.
He stated that she has been actively getting out into the community to meet people and
has put together two grant applications.
The Mayor stated that he has also heard a number of compliments from members of the
public regarding Ms. Merwin and he encouraged her to keep up the good work.
B) Introduction of Department of Environmental Quality (DEQ) Representatives:
Public Works Director Tiwari stated that the wastewater treatment project is the largest
project the City has ever undertaken. Many individuals, staff, consultants, and
government agencies have been involved with this project. Director Tiwari stated that
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DEQ has provided approximately $30 million in low interest loans (3.87%) for this
project which will produce the quality of effluent superior to what was originally planned
for during the design stage. Additionally, the project continues to remain within the
overall budget for this facility. He stated that he had invited DEQ team members to this
meeting for the purpose of introducing them to the Council and to show the City's
appreciation for their work over the last several years on this major construction project.
Director Tiwari introduced Mark Hamlin, Compliance Inspector, who has been the
compliance inspector at the City's plant for about 8 Y2 years. Mr. Hamlin stated that he
has had an opportunity to work very closely with staff, consultants, and some local
citizens and he feels that the project will do what it was designed to do and improve the
water quality of the Pudding River.
Director Tiwari introduced Francis Dzata, Engineering Specialist, who has been involved
in the technical area making sure that the operations manuals are written in an approved
manner. Mr. Dzata stated that he has been working on this project since its inception. He
thanked the City for their cooperation with DEQ to back up this project.
Director Tiwari introduced Jaime Isaza, Project Officer, who has been instrumental in
keeping the project on track and making sure paperwork is correct so that the City stays in
compliance. Mr. Isaza stated that this project is getting close to completion and it has
been a learning experience for him since it was his first project when he began work for
DEQ 7 Y2 years ago. The primary goal is to protect the environment and he feels that
Director Tiwari has provided a leadership direction that has helped the project a lot. He
also expressed his appreciation to Julie Moore and Lynn Gerstner for the correctness of
paperwork submitted to his office. He also stated that another DEQ member, Tom
Fisher, has been involved in the bio-solids management plan and effluent reuse.
Director Tiwari stated that other members from different groups will be introduced at
future meetings. Lastly, since DEQ employees are not allowed to take anything from the
City, he requested that the Council authorize staff to send a letter of commendation to
their supervisors.
Mayor Jennings requested that this action be taken under the "New Business" agenda
item.
1032 CERTIFICATE OF ACHIEVEMENT: NICOLE WOODWARD.
Mayor Jennings presented Nicole Woodward with the Mayor's Certificate of
Accomplishment for her selection to the International Youth Hall of Fame. He stated that
she is a senior at Woodburn High School and her accomplishments include 2 Y2 years of
service at the Drop-In Center, volunteer work with Woodburn Together, organizing the
K-Mart Kids Race Against Drugs, and academic excellence. She is a member of the
National Honor Society, Key Club, and Woodburn High School Golf team.
Director Westrick stated that he is very proud of her and she represents the quality of the
City's Drop-In Centers.
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1148 ExcerDts of Letter from Lvnn Bruce (Woodburn Barracuda Swim Team).
Mayor Jennings read excerpts from a letter he had asked for from Lynn Bruce who is
actively involved with the Woodburn Barracuda Swim Team. It was noted in the letter
that the Aquatic Center held 3 successful swim meets during the month of January 2001.
She stated that the swim meets vary in size (as many as 300 participants) and numerous
volunteers are utilized to do a variety of jobs including setup, cleanup, timers, and
concession sales. As a parent of a Barracuda Swim Team member and member of the
Barracuda Board, she expressed her appreciation to the Aquatics Manager and staff for
their work in setup, cleanup, and assistance in conducting the swim meets.
Mayor Jennings stated that he had visited the pool during one of the swim meets and he
was impressed with not only the number of kids involved but with the behavior of the
kids. In his opinion, the pool is a very positive City program and its benefits are not
talked about enough publicly.
Councilor Figley stated that Mr. & Mrs. Bruce are not likely to boast about their
involvement with the successful Barracuda program and they deserve a lot of credit.
1435 CHAMBER OF COMMERCE REPORT.
Phil Hand, representing the Chamber, informed the public on the upcoming Chamber
events:
1) Business After Hours - January 25th, 4:30 pm to 6:00 pm, at the Woodburn Crossing.
The event will be held in the new meeting room and he encouraged the public to attend
this open house.
2) Business After Hours - February 15th, 4:30 pm to 6:00 pm, will be held at the Tukwila
Restaurant.
3) Chamber Forums - He thanked Administrator Brown for his presentation at the last
Forum regarding Urban Renewal. As a result, Chamber members learned a lot about this
subject and it is his feeling that it is a project the Chamber will definitely support. The
next Forum will be Wednesday, February 21st, with the guest speaker being Mayor
Jennings who will give a "State of the City" report. The March Forum will be held at the
Woodburn Medical Center and it will be a "Drug Free Workplace" program. This
program is fashioned after one that was presented a few years ago and it focuses on what
businesses can do about drugs in the workplace, how it is a problem, and potential
solutions.
4) Distinguished Service A ward: This annual program is scheduled for February 22nd at
Cascade Park. This year's program will be a meal rather than a dessert social and the
public is invited to attend. The social hour begins at 6:00 pm and the dinner is at 7:00
pm. Reservations are to be made through the Chamber office.
5) Status of Executive Director Recruitment - applications are currently be accepted and it
is anticipated that the application process will close around the end of the month. It is
hoped that a new Director will be on board shortly thereafter.
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1680 CONSENT AGENDA.
A) City Council regular and executive session minutes of January 8, 2001;
B) Planning Commission minutes (draft copy) of January 11,2001;
C) Recreation and Park Board minutes (draft copy) of January 9,2001;
D) Police Department Activities report for November 2000;
E) Boones Ferry Road speed zone investigation (north of Highway 214 to Hazelnut
Drive); and
F) Status of pedestrian crossing on Highway 214 at Woodburn High School.
Mayor Jennings questioned if an article can be publicized in the local newspaper on the
Boones Ferry Road speed designation in order to get the information out to the public.
Administrator Brown stated that the information will be forwarded to the newspaper.
FIGLEYINICHOLS...consent agenda be adopted as presented. The motion passed
unanimously.
1783 PUBLIC HEARING: SUPPLEMENT REVIEW OF SITE PLAN REVIEW #99-14
(Boones Ferrv Place Retirement Facilitv).
Mayor Jennings stated that this is a remand from the Land Use Board of Appeals (LUBA)
and only two things can be discussed: 1) City must supply a more complete explanation
of its reasons for why it is not possible to deny direct driveway access to Boones Ferry
Road, and 2) City must consider whether the proposed signs comply with Woodburn
Zoning Ordinance 11.070(h).
Mayor Jennings declared the public hearing open at 7:35 p.m. Recorder Tennant read the
opening statement for land use hearings required under ORS Chapter 197.
Senior Planner Zwerdling provided background information on this land use application
which was originally before the Council on February 28,2000 and an ordinance
approving the project was adopted by the Council on March 27,2000. Following this
action, it was appealed to LUBA and on November 3, 2000, LUBA issued a final opinion
which remanded the City's decision for further review of the two specific site plan review
criteria cited by the Mayor just prior to the opening of this hearing. It was noted that the
property is located on a 4.3 acre site on the west side of Boones Ferry Rd. and south side
of Country Club Road. In regards to the driveway access issue, transportation staff
members state that the access driveways are located far enough from the intersection of
Boones Ferry Rd. and Country Club Road and are of sufficient width so that traffic
impacts are minimized. Additionally, the City's Fire Marshall states that it is imperative
to have an access off Boones Ferry Road in order to meet Oregon Uniform Fire Code
requirements. As far as sharing access with similar uses, this project is not similar to the
surrounding uses and it is not possible to share access since the adjacent uses do not
adjoin the subject site. Therefore, staff has concluded that criteria 11.070( d) was met.
She stated that the second review criteria relates to the compatibility of the signs with the
immediate neighborhood. The applicant is proposing two signs one of which would be
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located at the entrance of Boones Ferry Road and the other at the entrance on Country
Club Road. Both signs proposed are low profile, monument signs that direct people to
the proposed buildings. The signs would use a color scheme of natural earth tones and
natural colors similar with and compatible with those used in the proposed elderly
housing and neighboring homes. It was also noted that other more recent residential
developments withing the immediate neighborhood such as Heritage Park, Henry Farm,
and Tukwila also have signs located at their access entryways. On this criteria issue, staff
concluded that the criteria under 11.070(h) was met. She reviewed the following Council
options: (1) Council to adopt supplemental findings to support approval of site plan
review #99-14, or (2) to adopt supplemental findings which support denial of site plan
review #99-14 and conclude that the applicant failed to carry the burden of proof to
approve the application.
Mayor Jennings asked if there were any potential conflict of interest or ex-parte contacts
to be declared by the Council. No declarations were made by the Council.
Wally Gutzler, applicant, expressed his appreciation to the staff for their in-depth report
and hoped that the Council would adopt supplemental findings that state that the
applicant has met the requirements. He stated that the specific criteria being addressed at
this hearing were not spelled out in as much detail in the original report since they felt
they were pretty self-evident and other site plan criteria which they felt was more
important was covered in greater detail. In his opinion, to put the principle traffic onto
Country Club Road would not be in the City's best interest and Boones Ferry Road is
capable of handling the additional traffic. He also stated that the signs have a spot light
that shine just on the signs and will not illuminate the surrounding area. The signs are
low profile, will fit in with the buildings that are there, and with the neighborhood. It was
also noted that the neighbors on the east side of the proposed development were some of
their strongest supporters at the previous hearings.
No one in the audience spoke either for or against the issues before the Council.
Mayor Jennings declared the public hearing closed at 7:52 p.m..
Councilor Figley stated that the Fire Marshall's recommendation is sufficient for her to
support the driveway accesses as proposed. She also felt that the proposed signs are
similar to others in the surrounding neighborhood.
Mayor Jennings stated that this development would eliminate three of the four existing
driveways onto Boones Ferry Road which should improve the situation on that roadway.
Councilors Sifuentez and Kilmurray concurred with the report and statements made by
Councilor Figley.
Councilor Nichols also agreed that the signs would be an asset to the area.
FIGLEYIBJELLAND... adopt supplemental findings which support approval of site
plan review #99-14 and instruct staff to prepare ordinance to substantiate their decision.
On roll call vote, the motion passed unanimously.
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3267 PUBLIC HEARING: OREGON LIQUOR CONTROL COMMISSION (OLCC)
POLICY GUIDELINES.
Mayor Jennings declared the public hearing open at 7:56 p.m..
Police Chief Null stated that the 1999 Oregon legislative session passed House Bill 2892
which made changes to licenses issued by OLCC and to the process in which the cities
and counties make recommendations on licenses. The changes took effect on January 1,
2001. The four changes that affect local governments are: 1) consolidation of 12 existing
retail license types to 3 license types, 2) creates application process time limits, 3)
establishes limitations on processing fees, and 4) requires local jurisdictions to hold a
public hearing prior to adoption of policy guidelines and procedures. He briefly reviewed
the 3 new license types: Full On-Premise Sales License, Limited On-Premise Sales
License, and Off-Premise Sales License. Once an application is submitted to the City, a
recommendation must be processed within 30 days for a new license and 60 days for a
renewal. If there is a possibility of an unfavorable recommendation and additional time is
needed for processing, the City must file a request with OLCC outlining the reasons for
considering the unfavorable recommendation. If the extension is approved, an additional
45 days will be granted to accommodate a public hearing. In regards to processing fees,
this new law limits the amount the City can charge for processing licenses. For example,
current city ordinance requires a new license fee of $173 whereas the new law limits the
fee to $100. He reviewed the criteria to be looked at by the City for new licenses and
renewals. Additionally, he reviewed the standards to be used by Police Department in
making a recommendation to the Council which includes any violations of laws such as
fights, assaults, liquor violations, noise, drug use, trespass, and public drunkenness, and
failure of the licensee to take appropriate action to prevent or control problems caused by
patrons on the premise or within the local vicinity. Lastly, he reviewed the procedures
that will be followed in the event a recommendation for denial will be submitted to the
Council.
Al Sprauer, member of the Elks Lodge, questioned what effect, if any, this change will
have on their establishment.
Mayor Jennings stated that the fee would be reduced and, in some cases involving non-
profit organizations, the fees may be waived.
Chief Null stated that the City has, in the past, waived fees for non-profit organizations
that are doing fundraisers and minimal background information is necessary for the City
to recommend approval on a special event license. He does not see where there will be
any impact to the Elks Lodge as long as they do not violate any of the rules and
regulations.
Mayor Jennings declared the public hearing closed at 8:09 p.m..
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4263 COUNCIL BILL 2284 - RESOLUTION ADOPTING LICENSING GUIDELINES
ON LIQUOR LICENSE APPLICATIONS UNDER ORS CHAPTER 471.
ALLOWING OPPORTUNITY FOR PUBLIC COMMENT ON APPLICATIONS.
AND ESTABLISHING A PROCESSING FEE.
Councilor Chadwick introduced Council Bill 2284. Recorder Tennant read the bill by
title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2284 duly
passed.
4385 COUNCIL BILL 2285 - ORDINANCE LEVYING ASSESSMENT OF COSTS FOR
IMPROVEMENT QF PARR ROAD FROM A POINT 100 FEET WEST OF
SETTLEMIER AVENUE TO THE WEST BOUNDARY OF THE SCHOOL
DISTRICT PROPERTY.
Council Bill 2285 was introduced by Councilor Chadwick. The two readings of the bill
were read by title only since there were no objections from the Council. On roll call vote
for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill
2285 duly passed with the emergency clause.
4515 COUNCIL BILL 2286 - ORDINANCE VACATING CERTAIN PORTION OF
OSWALD STREET RIGHT-OF-WAY.
Council Bill 2286 was introduced by Councilor Chadwick. Recorder Tennant read the
two readings of the bill by title only since there were no objections from the Council. On
roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2286 duly passed with the emergency clause.
4610 COUNCIL BILL 2287 - RESOLUTION ESTABLISHING A PUBLIC HEARING
DATE FOR THE VACATION OF A CERTAIN PORTION OF AN EXISTING 20
FOOT UTILITY EASEMENT WITHIN THE IRONWOOD AT TUKWILA
SUBDIVISION.
Council Bill 2287 was introduced by Councilor Chadwick. 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 Jennings declared Council Bill 2287 duly passed.
4720 MODIFICATION TO HOUSING REHABILITATION PROGRAM
PROCEDURES.
Administrator Brown stated that the City received the grant in 1997 for the purpose of
rehabilitating a number of homes under the City's Housing Rehabilitation program.
These are 30-month long programs in which to expend the funds, and, near the
conclusion of the grant program, the grant agency does an audit of the City's performance
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under the grant. Following a recent audit, there were a number of differences between the
way the City said we were going to administer this grant from the original application.
The only difference which requires City Council action involves a change in the Housing
Rehabilitation Program procedure relating to all work being done through a general
contractor and then sub-contractors would be hired through the general contractor. The
change that the City made was to allow homeowners to go directly through sub-
contractors to get the work done which saved the cost of the general contractor. In many
instances, there were very small items being done that did not require the expertise of a
general contractor. In those cases, the general contractor role was filled by the City's
Program Coordinator. This provided for a cost savings and allowed more money to be
utilized by the community in making necessary repairs, however, it was not correct in that
the City did not go back to the granting agency and ask for a change in the procedure
before the City implemented the change. The City has been told by the granting agency
that, in order to remain eligible for future monies, the City needs to adopt the procedure
actually used as opposed to the procedure in the original application. Another issue
brought up by the audit was the lack of contracts to show that the work was completed.
In many cases, contracts were not issued and funds disbursed based on invoices. Staff is
in the process of collecting the invoices in lieu of contracts to prove to the State that the
work was actually done. Once all of the invoices are approved, the City will receive grant
funds that have been held up as a result of this audit.
NICHOLSIFIGLEY... City Council authorize the following change to the Housing
Rehabilitation Program procedures: Step 11 of the procedure to read "Program
Coordinator.... Prepares construction contract if applicable and Trust Deed, Promissory
Note, Truth in Lending and Right of Recission if total job amount is known prior to job
start. In the event that total job costs are not known until project completion, Program
Coordinator will prepare documents as required".
Councilor Figley stated that, as one of the 3 members of the Review Board that made
some general policy decisions at the beginning of the program and also was involved in
the approval of the individual loan applications, all 3 of the citizen representatives felt
that, since the City had a Program Administrator that had background in the construction
and estimating lines of work, that the City should take advantage of his expertise and
allow the homeowners to reap the advantage of it and keep the costs down. She also
stated that, as a practical matter having been through the various specific applications and
knowing what was scheduled on each of them, probably only one or two of these jobs
were the type of thing the homeowner would have hired a general contractor. Majority of
the work were straight forward jobs such as hiring a roofer, deciding on a furnace
company to use, and that kind of thing. As long as different contractors were contacted
so you had an idea as to what the going rate was for the work to be done, there was no
need to use general contractors.
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Councilor Nichols expressed his opinion that common sense was used in the procedure
actually followed.
The motion to authorize the change passed unanimously.
5211 EMPLOYEE RECOGNITION PROGRAM POLICY.
Administrator Brown stated that it was his understanding that it had been a City tradition
up until 1998 to hold some kind of employee recognition program on an annual basis to
recognize employees for longevity. It is also his understanding that there was some level
of dissatisfaction both on the part of employees, Councilors, and managers with the
meaningfulness of the recognition exercises and gifts. Additionally, employees were
required to help with the dinner in some way either setup, food preparation/serving, or
cleanup rather than just attending the event. The Mayor and Council have indicated a
desire to look into a more meaningful program and, as a result, he initiated a survey of
employees to get responses back on this issue. A staff committee reviewed the surveys
and recommended that a sit-down dinner held off city premises be catered to all
employees plus their spouse or guest. The awards would be selected by the recipients in
advance of the event from an approved list based on years of service. If approved, this
year's event would be held around the first part of May with future events held on
February 14th which is the City's founding date. The estimated cost for the first year is
$5,500 of which $3,300 is the estimated cost for the dinner with the balance towards the
gifts. The cost for the gifts will be paid for by each department.
Mayor Jennings stated that the awards would be presented by the departments and not the
elected body, which in his opinion, is the way it should be since the event is to honor the
employees and not elected officials. He supports the Committee's recommendation to
provide a catered meal in which the employees do not have to do any work in preparing
the meal and/or clean-up.
Councilor Nichols expressed support for the program and Councilor Kilmurray expressed
her opinion that this type of program is important for recruitment and retention of
employees.
Councilor Sifuentez suggested that local organizations be given an opportunity to cater
the meal as part of a fundraiser event.
BJELLAND/NICHOLS... approve the annual award and dinner for the employees and
funds be made available for this event. The motion passed unanimously.
6090 NEW BUSINESS: AUTHORIZATION TO WRITE LETTER OF
COMMENDATION.
FIGLEY/SIFUENTEZ... Public Works Director be authorized by the Council to write a
letter of commendation expressing the City of Wood bum's thanks and appreciation to the
three gentlemen that the City has thanked earlier this evening for their role in the
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wastewater plant construction, and the Mayor be authorized to sign the letter. The motion
passed unanimously.
6243 PLANNING COMMISSION ACTIONS.
A) Site Plan Review #00-27: Chemeketa Community College addition - Chemeketa
Community College, applicant
B) Site Plan Review #00-31: Proposed automobile storage lot located at 2257 Progress
Way - John A. Perdue, applicant
C) Lot Line Adjustments #00-03 and #00-04: Property line adjustments on a single-
family residential lot at 1045 N. 6th Street - John P. Smith, applicant.
No action was taken by the Council on the decisions made by the Planning Commission.
6289 CITY ADMINISTRATOR'S REPORT.
Administrator Brown informed the public that, in response to the Governor's request to
conserve energy, he has forwarded a memo to all department heads requesting that all
lights, computers, and copiers be turned off when not in use, all space heaters be
eliminated except for the wastewater treatment plant since it is under construction and
does not have a complete heating system in all areas, and thermostats be set at maximum
of 68 degrees for daytime use and 60 degrees for evening and weekend when the
buildings are not in use. He stated that the conservation measures will remain in effect
for the rest of the winter months and some of the measures may continue on into the
future.
6600 MAYOR AND COUNCIL REPORTS.
Councilor Nichols questioned the reason for the lights being turned off in the City Hall
parking lot.
Park & Recreation Director Westrick stated that, when the telephone in front of City Hall
was removed, there was some connection with the electrical system for the lights. Staff is
working on getting the lights back on.
Councilor Nichols also congratulated Administrator Brown on his presentation at the
Senior Estates clubhouse on the Urban Renewal Project.
Councilor Figley agreed that Administrator Brown did a very good job of presenting the
Urban Renewal program and answered some very difficult questions from the audience.
She also stated that a meeting of the Oregon Geological Society was held in the City Hall
today. This group is comprised of proponents of a concept for a without boundaries
National Park for the purpose of offering interpretation of the Missoula Flood which
affected the geography of portions of Idaho, Montana, Oregon, and Washington. She was
encouraged by the number of group members that were not only proponents of the project
but proponents of having an interpretive center in Woodburn which would be operated in
conjunction with the City Museum. She expressed her support of this proposal and
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suggested that the City and local citizens write to our members of Congress to lobby for
this center since it will be an asset to our community.
Tape 2
Administrator Brown stated that the telephone booth in front of City Hall was removed
since it had been an attractive nuisance. Citizens who need to contact the police outside
of the regular business hours may do so by utilizing the call box located next to the Police
Dept. Business Office door.
Mayor Jennings expressed his appreciation to Administrator Brown for his work relating
to the Council retreat last Saturday. In his opinion, a lot of work was accomplished and
the public will soon see the results of the workshop.
0288 EXECUTIVE SESSION.
Mayor Jennings entertained a motion to adjourn into executive session under the
authority of ORS 192.660(l)(e) to conduct deliberations with persons designated by the
governing body to negotiate real property transactions.
FIGLEYINICHOLS... adjourn to executive session under ORS 192.660(l)(e). The
motion passed unanimously.
The Council adjourned to executive session at 8:40 pm and reconvened at 8:54 p.m..
0312 Mayor Jennings stated that no decisions were made in the executive session.
FIGLEYINICHOLS.... authorize the staff to purchase the property at 828 Parr Road
from Wes and Zinovya Toran for $309,000 specifically for the purpose of water system
expansion and treatment purposes. The motion passed unanimously.
0344 ADJOURNMENT.
FIGLEYIBJELLAND... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:55 p.m..
;\
APPROVED(~...5li ~
RIC ARDJENNINGS MA R
ATTEST
{!J: ~
M ~nt, Recorder
City of Woodburn, Oregon
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