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Minutes - 09/22/2003 COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 22,2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Public Works Director Tiwari, Community Development Director Mulder, Park & Recreation Director Westrick, Public Works Manager Rohman, City Recorder Tennant 0037 ANNOUNCEMENTS. A) Public Hearing - Design Review 03-14: The Council will hold a public hearing on October 13,2003, 7:00 p.m., City Hall Council Chambers, to review the Community Development Director's decision regarding design review 03-14 (applicant: Winco Foods, 400 Woodland Avenue) B) Fall Cleanup will be held on Saturday, October 18, 2003. C) Recreation and Parks Board vacancy: Mayor Figley encouraged citizens interested in serving on this board to contact the City Administrator's office in order to obtain an application form. D) Public Works Week will be held October 20-24,2003. A schedule of events will be provided at the next regular meeting. 0125 PROCLAMATION: UNITED WAY DAY. SEPTEMBER 12. 2003. Mayor Figley stated that September 12,2003 was the day in which our local United Way group commenced their annual fundraising event and, in an effort to provide the public with information on programs supported by this organization, she read a proclamation declaring September 12, 2003 as United Way Day within the City. Byron Hendricks, United Way representative, thanked the City for their willingness to remind the public of the type of activities and programs that United Way assists recipients with in order to help people in need. Page 1 - Council Meeting Minutes, September 22, 2003 ....---i-_ "_'~__'"_"M"~_"'_~"_"_''''-"''''''''_''''___~__'''''''-'''~'_'''__-'_..._..,,'~_. .._H__._.----..---........,,_......_~~.,~_.__.___ 1 COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING 0287 PRESENTATION: HERMANSON POND I MILL CREEK GREENWAY UPDATE. Director Westrick stated that the Hermanson III portion of the improvement project was hydro-seeded around the first of September 2003 and the plant material should be planted soon depending upon weather conditions. Additionally, the Council had adopted a resolution supporting a letter of application to the National Park Service last July for technical support to develop a greenway master plan. He has received favorable comments from National Park Service staff in Seattle and, if funding is approved, it is anticipated that his department will begin working on this project with the Board in January 2004. Director Westrick stated that the purpose of this presentation was to receive Council input on what the Board has been working on to improve the Hermanson Pond. To date, the Board has been working with staff members from the Marion Soil and Water Conservation District and the Natural Resource Conservation Service to develop a work plan. On October 14,2003, the Board will hold a workshop with neighbors of the Hermanson greenway to finalize a recommended plan. The project being considered by the Board for the Hermanson greenway is a Wildlife Habitat Improvement Program (WHIP) from the National Resources Conservation Service which is administered by our local Soil and Conservation District. A WHIP project has already been implemented for planting trees and shrubs at Legion Park and project funds may also be available for the installation of a possible trail at the park. Currently, staff is focusing on maintenance of the Legion Park project sight by irrigating the hillside and on-going weed control efforts. The Hermanson Pond project will include expanding the pond, planting of trees and shrubs native to the Willamette Valley, and developing a trail system. To date, the pond area has been surveyed with site preparation to begin this fall. The biggest problem in that area in terms of wildlife habitat is reed canary grass which is a noxious weed that excludes the appropriate type of wildlife since it chokes out everything else and precludes the native environment. Staff has mowed the area and will spray the reed canary grass with roundup and approved chemicals to eventually get rid of the grass. Next summer, the area can then be spaded or turned over for planting, Plans also include the expansion of the pond next summer, cleaning out the existing pond, and to armor the banks by using earth, rock, and buried cyclone fencing to keep the nutria from burrowing into the ground and onto private property. Native trees and shrubs will be planted and it is possible that a warm water fishery will be established. He stated that there will be an open house just prior to the Board meeting on October 14th for the purpose of giving the neighbors an opportunity discuss the proposed plan. It is anticipated that a final draft of the plan will be brought to the Council for review in December 2003 or January 2004. Director Westrick also introduced Tim Vickerson who is an Eagle Scout interested in working on this project. Page 2 - Council Meeting Minutes, September 22, 2003 .....'~..... .. -...-. ...-...,.......,.,,,.,.... .."'''."''..--."..-----r----...---.~~.--''-"---''. lI' 'I' COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING 1045 Councilor Bjelland questioned if the Lucky Company is responsible for mitigation of the wetlands above Hermanson III. Director Westrick stated that Lucky Company is funding the improvements to that area above Hermanson III and if, for some reason the grass seeding has been burned out, Lucky Company will have to replant the area. It was noted that Lucky Company will have up to 5 years to prove to the Division of State Lands that they have successfully mitigated the wetland area. Additionally, if the pond is stocked with warm water fish, there may be a need for a water well in the area to keep the pond hydrated year round. Councilor McCallum questioned ifthere were restrictions from state and federal agencies as to what can be done with wildlife that are a nuisance. Director Westrick stated that the biggest pest in the area are nutria and the County has been assisting the City is trying to trap nutria. Grant funds will also be available to not only protect City property but armor public and private property from pests. 1450 CHAMBER OF COMMERCE REPORT. Scott Roerig, Chamber Board member, updated the Council on the following Chamber activities: 1) Chamber was awarded the Sonya Cooper Original Tourism award for the Silver Falls Tourism Route; 2) Business After Hours, September 25th, will be held at Doug Hess & Associates on Country Club Road from 4:30 pm to 6:00 pm.; 3) Greeter's function will be held on September 26th at Country Meadows Village from 7:30 am until 9:00 am; 4) The annual Chamber auction will be held on Friday, September 26t\ at the OGA Tukwila golf course beginning at 5:00 pm; and 5) Greeter's function will be held on October 3rd at Mid-Valley Financial Services, and on October loth at the Super 8 motel. 1623 WOODBURN DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, WDA President, reviewed the list of activities and projects that the WDA is involved in during the year which include the WDA annual auction, Saturday Market, spring and fall cleanups, hanging basket program, Tulip Festival parade, Relay for Life, Music in the Park, WDA membership drive, Holiday lighting, and Front Street lighting project. He also felt that having the Mayor, Councilor McCallum, and Police Department as regular meeting participants has improved the communication between the City and WDA in addition to making WDA more aware of what is going on within the community. Mayor Figley agreed that communication has improved and the WDA's working with other organizations has been an effective means of providing community wide support on worthwhile activities and projects. Page 3 - Council Meeting Minutes, September 22, 2003 "...."_~...._ "'d '_'_ __ _" ..~....,...,_,......d __~.,.---.-.."---.~..".._..~.~.--_.,, T COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING 1938 COMMUNICATION. A) Invitation to Soil Conservation Board's Annual Meeting: Administrator Brown stated that the Soil Conservation Board's annual meeting will be held on Wednesday, October 1, 2003, at the Oregon Gardens in Silverton. B) Invitation to Ribbon Cutting Ceremony for completion of OTIA project: Administrator Brown also stated that the Council has also been invited to attend the Ribbon Cutting Ceremony celebrating the completion of the Mt. Angel to Woodburn OTIA project. The ceremony will be held on October 7,2003, 11 :00 a.m., at the Bonney Road intersection on Oregon Highway 214. 1997 CONSENT AGENDA. A) approve regular and executive session Council minutes of September 8, 2003; B) accept the Planning Commission minutes of August 28,2003; and C) accept the Claims report for July 2003 and August 2003. NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. 2050 COUNCIL BILL 2473 - RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT NO. 21002 WITH STATE OF OREGON FOR PROTECTIVE PROPERTY PURCHASE ASSOCIATED WITH CONSTRUCTION IMPROVEMENTS TO THE 1-5 INTERCHANGE. Councilor Sifuentez introduced Council Bill 2473. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Figley expressed her opinion that this is an example of taking preventative steps to minimize costs associated with the improvement of the interchange by potentially purchasing vacant land before the land is developed by the current property owner. She thanked City and ODOT staff for their endeavors in developing this cooperative agreement. Administrator Brown stated that there is a parcel of land that will need to be acquired if the interchange is expanded and that parcel has recently had an application for development filed with the City. The property owner is considering the development of a commercial center on that parcel which, if developed before the property is purchased for the interchange, could raise the value of the property significantly. City staff has worked with ODOT who has the authority to either purchase or condemn the property but they do not have the funding available to purchase the land at this time. The City does have funding dedicated to this project and, since the City is expected to provide a match to the project, ODOT is willing to proceed with obtaining necessary appraisals and negotiate for the purchase. If a purchase price is agreed upon or condemnation is pursued, the City would be asked to pay the price within the City's budget limitations for this project. The Page 4 - Council Meeting Minutes, September 22, 2003 ...."...,., < .._ -.~_.____ dO" .~'-,L.~.~..,..,..-.~--""1""........-~,..."..._.-..-_._~-.,- ..,_._-."._~.................-~~... .......~,.,...,.~_.....,~---,- T COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING City would then be the owner of the property and would convey the required amount of land to ODOT for the improvement and receive credit towards the City's share of the match. The remaining portion of the land could then be sold and the funds received would be placed back into the Traffic Impact Fund or used to help offset additional match funds. It was noted that there will be two or three other parcels that will be purchased with some property left over and the City is trying to work out an arrangement with ODOT where they can be mutually managed, and potentially market those properties as some sort of an assembled property whereby the same kind of commercial facility that the developer is currently considering would be a potential development. There are some risk reducers built into the agreement in that if the price is too high, the City does not have to proceed with the purchase, however, there may be some costs to the City since ODOT will be incurring costs associated with the potential purchase. He stated that there is some risk associated with this potential purchase in that if the interchange does not get built, the City will own a piece of property that we have no need for and would then need to market the property. He reminded the Council that there is no guarantee that purchasing the property would speed up the interchange project. Councilor McCallum questioned the amount of the match for this project. Administrator Brown stated that it is possible that the City's match would be approximately $2.5 million to the overall project but he did not anticipate have to provide that much towards this particular portion of the project. Councilor Bjelland stated that another important reason for the potential purchase of the land is that right-of-way costs associated with improvements increase approximately 10% per year whereas the actual construction costs only increase by 3-4% per year. By securing right-of-way acquisition now will save significant dollars in the future for this project. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2473 duly passed. 2794 COUNCIL BILL 2474 - RESOLUTION ENTERING INTO STF-I08 AGREEMENT WITH SALEM AREA TRANSIT DISTRICT FOR FISCAL YEAR 2003-04. Council Bill 2474 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 Bi112474 duly passed. 2878 Mayor Figley stated that the City has two exceptional employees, the City Administrator and City Attorney, and, due to current economic conditions, they are not getting the raise that they deserve this year. The compensation agreed upon is not a reflection on what the Council thinks of these individuals rather a reflection of their maturity and responsibility, and their recognition that this is not easy economic times and resources are limited. Page 5 - Council Meeting Minutes, September 22, 2003 ...~",.~O, ,,_, ,_~_ ~'o,_o,,,..__,,.__w,,_'_" 1 COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING 2900 ADDENDUM TO CITY ADMINISTRATOR'S AGREEMENT. NICHOLS/SIFUENTEZ.... accept the attached addendum for the City Administrator. Councilor Cox stated that the addendum itself does not state a specific effective date while the staff report refers to October 1, 2003. He questioned if the services period in the addendum is the period of service beginning October 1,2003. Administrator Brown stated that services period would go with this actual anniversary date which is mid-September, however, his intent for the compensation adjustment would be to take place October 15t since the City's policy is to grant compensation adjustments the first of the month following the month in which an employee's evaluation took place. The motion to accept the addendum passed unanimously. 3086 ADDENDUM TO CITY ATTORNEY'S AGREEMENT. NICHOLSIMCCALLUM... approve the attached addendum to the City Attorney's agreement. The motion passed unanimously. 3123 MODIFIED SCOPE OF FALL LEAF COLLECTION. Mayor Figley stated that this issue was discussed by the Budget Committee during the budget process and the modification proposed is in response to the policy direction given by the Budget Committee. Public Works Director Tiwari stated that, in addition to policy direction, there is a safety issue which is not addressed in detail within the staff report. In more recent years, a leaf pickup program was initiated to assist property owners in the downtown core area that had large trees to dispose of the leaves. The City would sweep the area more regularly and would use loaders and trucks to pick up the leaves in order to keep the roadway from being slick and dangerous. The use of heavy equipment in the streets for leaf pick up is a safety concern for the City. A few years ago, a leaf disposal program was started whereby any resident of the City could bring leaves to the Cleveland Street public works site to dispose of leaves. Many residents have made use of this alternative method for leaf disposal whereas others have used the recycling containers provided by United Disposal Service or by composting leaves. Director Tiwari reviewed various issues that have led up to the need for the proposed modification to the existing program. Issues include children playing in the piles of leaves located in the street by the curb, storm drain grates are plugged with wet leaves and minor flooding occurs, and the volume of leaves picked up by the City each year has steadily increased since more residents have been raking their leaves from their backyard to the street rather than using one of the alternative methods to take care of their leaves which are on their own property. He reiterated that leaves that fall in the right-of-way will continue to be picked up by the City utilizing the City's street sweeper but the modified program would eliminate the use of the City's backhoe and additional manpower in order to keep the streets clean. Staff recommendation for the modified Page 6 - Council Meeting Minutes, September 22, 2003 "..,.~-, -.....--..........-.",.-.-..-.-.--......--. 1 COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING program is as follows: 1) Downtown core area would be swept twice each week including Settlemier A venue and the West Hayes Street bikepath. Leaves from the street right-of-way can be placed in the street but the remainder of the leaves on the resident's property will not be allowed to be placed in the street. 2) The remainder of the City will be swept on a monthly basis and leaves will not be allowed to be placed on the street pavement. 3) Residents can drop off leaves at the permanent collection site located at the public works facility on Cleveland Street or at temporary collection sites located at Burlingham Park, Legion Park, and at the Dellmoor Way entrance to Senior Estates Park. 3992 Mayor Figley encouraged the residents to use compo sting methods if possible, otherwise, take the leaves to one of the collection sites or place them in the yard debris container over a period of time during the winter months. She reminded residents that placing the leaves in the right-of-way creates a hazard and wet leaves are slippery, therefore, sidewalks need to be swept for pedestrian safety. Councilor McCallum stated that the ideal situation is for all homeowners to have their leaves picked up in the right-of-way, however, this would entail too many manhours to accomplish. Many communities do not provide any leaf pickup service and providing the reduced level of service will still give the residents alternative methods of disposing of the leaves no matter where the resident lives within our City. Councilor Nichols also stated that reducing the amount of leaves on the roadway will keep the storm drain grates open and water flowing freely into the storm drain line. Councilor McCallum expressed his desire to see that the modified program is enforced by the City so that residents do not continue to put leaves that are on their private property into the right-of-way for pick up by the City. Councilor Veliz questioned if the flyers will printed in English and Spanish. Director Tiwari stated that the flyer will be in both languages and it will be noticed in the local newspaper. He reminded the Council that there is an ordinance in force that would prohibit foreign material from being deposited on the pavement. Councilor Cox stated that he is in favor of this modified program since the City has had a yard debris recycling program available for a number of years and he did not feel that it would create any major hardship to a property owner. NICHOLS/BJELLAND... allow staff to proceed with the modified leaf pickup program to implement the reduced level of service as discussed and accepted by the Budget Committee. The motion passed unanimously. 4498 APPOINTMENT OF ADMINISTRATOR PRO-TEM. Administrator Brown recommended the appointment of Police Chief Russell as Administrator Pro-Tern while he is out of town on vacation. Page 7 - Council Meeting Minutes, September 22, 2003 p.......... ......-->._.~_.._. ..........,..."'"'1'l""'~"""'~--.~r- ,".~..".~....--.__."~._.....~"-,.,,.----------"~.,.,,.......", '. ,......... ""'" '-'-'--'"''"'=-'''~'. T COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING BJELLAND/COX... Council appoint Chief of Police Scott Russell as Administrator Pro- Tern for the period of September 25,2003 through October 1, 2003. The motion passed unanimously. 4570 WITHDRAWAL OF APPEAL REQUEST OF DESIGN REVIEW 02-12 AND VARIANCE 03-01 "COASTAL FARM SUPPLY EXPANSION" LOCATED AT 1550 MT. HOOD AVENUE. Since this has been a continuation of a hearing over the last several months, Mayor Figley questioned if the hearing needed to be re-opened before Council action is taken to acknowledge the withdrawal request. City Attorney Shields that the hearing did not need to be opened and a Council motion could be made to acknowledge the withdrawal since the applicant has the ability to withdraw the appeal. BJELLAND/NICHOLS... acknowledge the applicant's withdrawal of the appeal as stated. Councilor Cox questioned if the business has decided to put the project on hold at this time or if they have decided that they agree with the Planning Commission's decision. Director Mulder stated that it is his understanding that the company has decided to put the project on hold for at least one year. The motion passed unanimously. 4759 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Director's approval on Design Review 03-16, to convert a structure and property, which was previously used for an automobile dealership (Friendly GMC) to a retail business specializing in the sale of produce. Mayor Figley expressed her opinion that the improvements listed in the Community Development Director's approval will make the business more attractive than it currently it is and she concurs with the conditions. Councilor McCallum was also in favor of the conditions, however, he questioned the time line for compliance with the conditions since the business is currently in operation. Administrator Brown stated that the City has received an appeal from the applicant on this decision and staff will be noticing the Council hearing for October 13,2003. 4909 CITY ADMINISTRATOR'S REPORT. A) Community Parks Master Plan - Administrator Brown stated that our legal department has determined that adopting the plan is a post acknowledgment amendment to the City's Comprehensive Plan dealing with these two specific parks. This requires a legislative process that will ultimately culminate in an ordinance, however, there will need to be applicable notification and a public hearing to properly complete the process. Page 8 - Council Meeting Minutes, September 22, 2003 .,..........c'_,...._~ __", .,~,.q..>.",......----.......---.........--.-."'""--~~ ,..-."".,.... . --- T COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING No date has been set as to when the Council will see this issue before them for consideration. Councilor McCallum questioned if the plan is adopted as it currently stands and then there is a change for some reason such as a community center, what process would be followed to change the plan. Administrator Brown stated that the same process to amend the Comprehensive Plan would be followed by the Council. Councilor Cox expressed concern in making the plan a part of the Comprehensive Plan and suggested that the plan be adopted as an internal policy guideline. City Attorney Shields stated that legal staff will continue to look at the options available. B) Property Acquisition - Administrator Brown stated that the property transaction for 1060 Mt. Hood Avenue has been completed and is now owned by the City. Additionally, he has signed the paperwork on 389 S. Front Street and the closing date is scheduled for October 2,2003, however, there is some work still to be done by the existing property owner before the transaction is completed. C) Administrator Brown stated that he had been contacted by a representative of Summerall Production Company (Champions of Industry show) soliciting small local governments to be a part of their show if the agency is willing to pay production costs of approximately $24,000 for (1) a 2 minute segment airing on Champions of Industry, (2) a 5 minute segment that airs on Forbes.com and (3) a copy of the 5 minute video for the purpose of promoting industrial and economic development within our City. He informed the Council that he had declined the opportunity to participate due to the production cost. 5525 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he had previously mentioned to staff that there is a problem with large trucks trying to make a right turn onto Evergreen Road and onto Lawson Avenue. He reiterated that there is insufficient turning radius for these trucks onto these streets. He suggested that Lawson Avenue should be a one-way street going south, and trucks should not be allowed to go south on Evergreen Rd. The businesses have directional signs as you exit their driveways to move the traffic south to Stacy Allison Way to loop around to Highway 214. Councilor Cox agreed that these intersections are not conducive to truck traffic on these two-way streets and suggested that Public Works contact ODOT to explore the truck traffic flow on these roadways. Public Works Manager Rohman stated that the Transportation System Plan update is in the draft stage. Staff is utilizing ODOT grant funds for this project and this issue will be reviewed further. This topic was also discussed as part of the environmental assessment Page 9 - Council Meeting Minutes, September 22, 2003 '" ".".."-~"---'''.,--'''''''''''..~..,~..._'_........-....~'~."~-~._,,.~---.'''~,..~,,-''''',,"._.,,-~. 1 COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING for the 1-5 interchange which included making Lawson Avenue a right turn-in only from Highway 214. Staff will contact ODOT and bring back more detailed information at a future meeting. Councilor Cox stated that the ultimate way in which traffic will flow is based on the future Highway 214 widening, but, during the interim, traffic flow as it currently exists needs to be addressed. Councilor Veliz reminded the public that fall term begins at Chemeketa Community College next Monday and he invited residents to visit the new Woodburn campus. Phase I of the project is now complete and Chemeketa will soon begin Phase II which will bring in some outreach services and, with the increase in employees and visitors to the downtown area, the downtown business economy should improve. Councilor McCallum congratulated all of those individuals who participated in the Independence Day celebration. It provided a lot of fine food, lots of games, and was very family oriented. He also reminded the public that October 18th is the Livability Task Force's Fall Cleanup Day. More information will be made available at the next Council meeting. Councilor Sifuentez also thanked all of the participants and visitors to the Independence Day celebration. Mayor Figley stated that she is looking forward to some of the City's urban renewal projects since having the plaza will make the downtown area look more attractive. She also stated that she had enjoyed the celebration which was a success and attracted visitors from all areas of our community. 6595 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(e), ORS 192.660(1)(h), and ORS 192.660(1)(f). BJELLAND/NICHOLS....adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:30 p.m. and reconvened at 9:15 p.m.. 6659 Mayor Figley stated that no decisions were made by the Council while in executive seSSIOn. Tape 2 COX/BJELLAND... authorize the City Attorney to take whatever steps are necessary including the filing of an answer on behalf of the City, to protect the City's financial interest in the pending case of Wells Fargo Bank v. Tikhonoffs, Marion County Circuit Court Case No. 03C 17661. The motion passed unanimously. Page 10 - Council Meeting Minutes, September 22, 2003 ..'_...... . -, . ~.--"-_._,..... ."-"-.......,...." !' .-...""""-~.........~_.~~...,-_._- t COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 TAPE READING 0048 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9: 17 p.m.. ATTEST ~ ~ Mary enn t, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, September 22, 2003 ..-. '~~"'~~""'""-"'"r-~;"'~^",__'''''''''~N'_"''-''''''''''''- .,,-------......-...~~.----.....~_.,--...,.."'-;,.'*'~ i Executive Session COUNCIL MEETING MINUTES September 22, 2003 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 22,2003. CONVENED. The Council met in executive session at 8:37 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Present Present Present Present Present Mayor Figley reminded the Councilors and staffthat information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant, Public Works Director Tiwari (8:43 pm until 9:12 pm) The executive session was called under the follow statutory authority: 1) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1 )(h); 2) to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1 )( e); and 3) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 9:12 p.m.. ATTEST Ifl~~ Mary Te nt: Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, September 22, 2003 '" .."........'...'.___--...-__."."..__.".--....."......._'__.....__ .... __ ,,~_......,..__...,,_~_~.~._~_......-_A_~__'.< ..