Minutes - 11/24/2003
COUNCIL MEETING MINUTES
NOVEMBER 24, 2003
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, NOVEMBER 24,2003
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0008 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, Finance Director Gillespie, Parks & Recreation Director
Westrick, Library Director Sprauer, Public Works Manager Rohman, Management
Analyst Smith, City Recorder Tennant
0059 ANNOUNCEMENTS.
A) Office Closures: In observance of Thanksgiving, City Hall will be closed on
November 27 and 28,2003. The Library and Aquatic Center will be closed on November
27,2003. It was noted that the Aquatic Center will have open swim each afternoon
during Thanksgiving week except for Thursday, November 27th.
B) Holiday Tree Lighting Ceremony will be held on December 6, 2003 beginning at
6;30 p.m. at the Settlemier House, followed by a posada to the comer of First and Hayes
Street for the City tree lighting ceremony at Warzynski Plaza. Following this program,
Lupita's Restaurant will host a tree lighting party.
C) Mayor's Holiday Concert featuring local musicians will be held at Woodburn High
School on December 8 and 10, 2003 beginning at 7:00 p.m. each evening.
D) Public Hearing will be held on December 8,2003, 7:00 p.m., regarding the final local
improvement district final assessment for East Hardcastle (continued from November 10,
2003).
E) Conceptual Designs for remodeling and expansion of the Woodburn Public Library
will be presented to the Council on December 8, 2003 by Tim Eddy of Hennebery Eddy
Architects.
F) Dance, Dance, Dance will perform their winter recital on December 13, 2003, at
Woodburn High School. Performances will be held at 1 :00 pm and 3 :00 pm.
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0232 PRESENTATION: SOLV COMMUNITY GROUP AWARD TO THE
LIVABILITY TASK FORCE.
Jason McCain, representing SOLV (Stop Oregon Litter & Vandalism), presented the
Livability Task Force with the 2003 SOL V Citizenship Award. SOL V recently held their
2003 banquet and a video presentation on the City's city-wide cleanup program was
shown at the banquet and re-played at the Council meeting. Mr. McCain stated that the
annual banquet is an opportunity for SOL V to showcase community groups, individuals,
schools, and businesses who show exemplary efforts to beautify and improve livability
within our communities. He reviewed the selection process by which an independent
committee reviews all of the applications received to determine which program in each
group are to be recognized for their efforts. Award winners are those who volunteer or
provide personal or professional resources that contribute to the livability of their
community in combination with assisting challenged Oregon communities towards
environmental and economical health through volunteerism and effectively involving
Oregon youth. This year's winners were as follows:
1) Individual Award winner - Scott Field from Sprague;
2) School Award winner - Brian Reynolds, an educator from Tillamook;
3) Business Award winner - Norm Thompson; and
4) Community Group Award winner - Woodburn Livability Task Force.
Reasons for the selection of the Task Force as the 2003 award winner include 1) semi-
annual cleanup projects which builds collaboration by pulling together the business
community, schools, service organizations, government officials and employees, and the
general public; 2) flower basket program; and 3) public information about solid waste and
on-going dissemination of information to keep people actively involved in finding
solutions to the problem. He reiterated that the combination of these efforts is critical in
building a better and healthier community.
Members of the Task Force present to accept the award were Co-chair Pete McCallum,
Jane Christoff, Betty Guzman, Mike Bergeron, Phyllis McKean, and Lisa Ellsworth.
Pete McCallum stated that co-chair Nancy Kirksey and JoAnn Bjelland were unable to
attend this Council meeting. On behalf of the Task Force and the City, he thanked all of
the community volunteers and the City for their support, and to SOL V for awarding the
Task Force with this award.
1156 CHAMBER OF COMMERCE REPORT.
Patrick Vance, representing the Chamber Board, provided the Council with updated
monthly statistics on the number of visitors, telephone contacts, informational packets
and web hits since the first of the year along with annual statistics since calendar year
2000. He stated that the Chamber had found that their web counter was incorrectly
counting the number of web hits and, after a change was made to correct this problem, the
web site hits greatly increased which is why the last two months on the statistics show a
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substantially higher number of web hits. Overall, the number of contacts in all of the
areas listed are increasing each year.
Crystal Apple awards were recently presented to educators and staff members from the
Woodburn School District, St. Luke's School, and the Lourdes School at McClaren.
There were 54 nominees of which 12 individuals were selected to receive the awards.
This event is self-funded by specific sponsors and by the cost of the dinner. It continues
to grow each year and it is self-sustaining. This year's sponsors were West Coast Bank,
Cascade Park Retirement Community, Chemeketa Community College, PGE, US Bank,
Whittenberg Inn, Abby's Pizza, American Family Insurance, the DeHart Agency, Miles
Chevrolet, Miles Chrylser Dodge & Jeep, North Willamette Valley Mortgage,
Renaissance Homes, Silverton Hospital, Wells Fargo Bank, Willamette Education
Service District, Woodburn High School Bulldog Foundation, and the Woodburn School
District.
Upcoming Chamber events include:
1) Greeter's Program on December 5,2003 at Silver Creek Assisted Living, December
12th at Colonial Gardens, and December 19th at West Coast Bank;
2) Business After Hours will be an open house at the Chamber Visitor's Center on
December 11 th from 4:30 pm until 7:00 pm and the public is invited to attend; and
3) Chamber Forum lunch will be held on December 17th at the Settlemier House and
advanced reservations are required.
1476 WOODBURN DOWNTOWN ASSOCIATION REPORT.
Bruce Thomas, WDA President, congratulated the Livability Task Force on receiving the
SOL V award. He stated that his organization is partnering with Woodburn Recreation &
Parks, French Prairie Historical Society, and French Prairie Kiwanis to celebrate the
Christmas Season on December 6,2003. This event will begin at 6:30 pm at the
Settlemier House where caroling and a tree lighting ceremony will be held, followed by a
posada to Warzynski Plaza downtown where another tree lighting ceremony will be held.
Participants are invited to Lupita's Restaurant for entertainment and refreshments
following the ceremonies. Lastly, WDA has been working on the lights along Front
Street and, on the southeast comer of Young Street and Front Street, the lights have been
strung differently. WDA is looking for input from the public to determine if all of the
trees should have a similar lighting pattern.
1612 COMMUNICATIONS.
Mayor Figley stated that she had received a letter from MW ACT (Mid- Willamette Area
Commission on Transportation) informing the City that nominations will be accepted for
the position currently being held by the Mayor ofMt. Angel since the term expiration
date for that position is December 31,2003. Councilors interested in either applying for
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that position or to serve as a alternate are encouraged to submit their name to MW ACT
for consideration.
Councilor Bjelland stated that the Mayor ofMt. Angel is willing to continue in the
position and she has a very strong interest in the North Marion County area and in the
particular transportation projects Woodburn is interested in having funded by ODOT.
1765 CONSENT AGENDA.
A) approve Council meeting minutes of November 10, 2003;
B) accept the Planning Commission minutes of October 23,2003;
C) accept the Library Board minutes of November 12,2003;
D) accept the Recreation and Park Board draft minutes of November 18, 2003;
E) approve the claims for October 2003;
F) accept the annual System Development Charge report for 2002-03; and
G) accept the Leaf Program update report.
NICHOLS/SIFUENTEZ.... adopt the consent agenda as presented. The motion passed
unanimously.
1824 COUNCIL BILL 2483 - RESOLUTION INITIATING CONSIDERATION OF
PROPOSED AMENDMENTS TO THE WOODBURN COMPREHENSIVE PLAN
TEXT AND MAP. WOODBURN DEVELOPMENT ORDINANCE AND
WOODBURN ZONING MAP RESULTING FROM COMPLETION OF
PERIODIC REVIEW TASKS 1.2.4.5.6.7.AND 8.
Councilor Sifuentez introduced Council Bill 2483. Recorder Tennant read the bill by title
only since there were no objections from the Council.
Mayor Figley stated that this bill authorizes the staff and Planning Commission to move
ahead with the process to update the City's Comprehensive Plan and related ordinances.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2483 duly passed.
1985 COUNCIL BILL 2484 - RESOLUTION ADJUSTING WATER RATES AND
REPEALING RESOLUTION NO. 1646.
Council Bill 2484 was introduced by Councilor Sifuentez. The bill was read by title only
since there were no objections from the Council.
Councilor Cox stated that this bill would provide for a reduction of a proposed increase
that was previously adopted by the Council to fund the water treatment facility project
and this bill will provide for rate increases to take place over a longer period of time.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2484 duly passed.
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2092 COUNCIL BILL 2485 - RESOLUTION ENTERING INTO A
INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITH
CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE
CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE.
Council Bill 2485 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2485 duly
passed.
2170 COUNCIL BILL 2486 - ORDINANCE APPROVING ZONING ADJUSTMENT
APPLICATION CASE NO. 03-03 AFFECTING PROPERTY LOCATED AT 1300
ASTOR COURT.
Councilor Sifuentez introduced Council Bill 2486. The two readings of the bill were read
by title only since there were no objections from the Council.
Councilor McCallum stated that several concerns were expressed regarding setbacks,
heights, and property line issues and he questioned how this type ofproject would be
monitored by City staff to see that it meets the rules and regulations.
Administrator Brown stated that the fence will require a permit and inspections will take
place. Regarding the measurement of right-of-way, the City does not measure the
distance as part of the inspection. Ifthere is a need for the City to use the right-of-way, a
complete survey of the line will be taken at that time and, if the fence is in the right-of-
way, the property owner will be responsible for all costs to replace the fence.
Councilor Cox stated that he would not be voting on this issue and questioned City
Attorney Shields if the ordinance would pass at this meeting ifhe abstained from voting
and all other members of the Council voted in favor of the bill.
City Attorney advised Councilor Cox to make a declaration like he had done at the
previous meeting and not vote at all on this issue. A unanimous vote from the remaining
Council members would then pass the bill at this meeting.
Councilor Cox stated that he is disqualifying himself from voting on this issue.
Brief discussion was held regarding the setback distance and staffs inspection of the
location as part of the application and permit process.
On roll call vote, the bill passed 5-0 with Councilor Cox not taking part in the vote.
Mayor Figley declared Council Bill 2486 duly passed with the emergency clause.
2562 COUNCIL BILL 2487 - ORDINANCE APPROVING DESIGN REVIEW
APPLICATION NO. 03-12. PHASING PLAN APPLICATION NO. 03-02. AND
VARIANCE APPLICATION CASE 03-21. AFFECTING PROPERTY LOCATED
ON THE NORTH SIDE OF STACEY ALLISON WAY ACROSS FROM W AL-
MART. WEST OF LAWSON AVENUE. AND EAST OF 1-5.
Council Bill 2487 was introduced by Councilor Sifuentez. Recorder Tennant read the
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two readings of the bill by title only since there were no objections from the Council.
Councilor Bjelland stated that a portion of the land to be developed under this application
is critical to the future of Wood bum and crucial to the development of the 1-5
interchange. He felt that any action that is taken in respect to this application is going to
have a potentially serious impact on the interchange. For that reason, he would be voting
no on this particular Council Bill. Following the last meeting, he has been wrestling with
the role of the Planning Commission versus the Council and, in his opinion, the Planning
Commission has the obligation to follow the rules pertaining to development and land use
issues whereas the Council has a higher obligation in that they need to take into account
the public good. Councils from other communities have denied proposals that their
Planning Commissions had passed, for example a denial of a Wal-mart development
because they did not want to see a big box coming into their community even though
Wal-mart may have met all of the criteria for developing the parcel and meeting the
zoning and other issues particular to that development, since those Councils felt that the
development was not in the best interest of their community. In this case, he feels that
this decision goes far beyond the example cited since this particular project has the
capability of influencing the traffic patterns and the improvement of the 1-5 interchange
which is an extremely crucial element in Woodburn's future and that of north Marion
County. As a member ofMW ACT, he recognized very strongly the importance of the
need for improving the 1-5 interchange. He referred to a letter submitted by the applicant
which stated that "... the best solution, and one which the applicant supports, is for the
Oregon Department of Transportation to make the long awaited improvements to the
Woodburn interchange..". He stated that everyone recognizes the need for the
improvement, however, approving this particular project in its present format does not aid
in achieving that improvement. If the applicant were to submit a revised site plan that
showed improvements on the parcel portions that would not be impacted by the
improvement to the interchange he would have no objection to the site plan. Since this
particular site plan and proposal places buildings in the path of where the necessary right-
of-way needs to be acquired to improve the interchange, he finds that he cannot support
this development application as being one that is in the best interest of the community.
Councilor McCallum stated that he had been inclined to vote no on the application until
there was a last minute arrangement that appeared to give some time for a property
appraisal and hopefully negotiate for the purchase of right-of-way. He continues to be
concerned about this issue since it appears that the efforts to improve the interchange may
be endangered by the approval of the application. There is the possibility that the price of
the property will increase substantially and ODOT may change its mind on the funding
of the project. He reiterated that the City needs to move ahead with the 1-5 interchange
improvement and, after a more careful review, the Council may be endangering the
interchange project by approving this application.
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Councilor Cox agreed with statements made by Councilor Bjelland, however, as a lawyer,
he has always been told to follow the rule oflaw. Using that kind oflogic, he could see
no basis for denying the application. He is still undecided as to whether or not the rule of
law should be followed versus public interest.
Councilor Sifuentez felt that this will be a very hard decision to make since the citizens
deserve to have the interchange improved.
Councilor Cox also expressed his view that the agreement made by the applicant to
postpone the application for building permits for a few months is probably not that
critical since he would be surprised if they were to come in for permits much before that
time due to the need to finalize plans and get their financing into place. He also had a
strong suspicion that the mere adoption of this ordinance raises the value of the property
whether they ever apply for a building permit or not. He appreciated the offer that they
made but did not feel that it would make much difference in the outcome of this project.
Councilor Nichols felt that the political aspect be dropped and a statement be made
concerning the value an interchange improvement would have on our community. For
that reason, he would be voting no because he is more concerned about the future of
Woodburn.
Councilor Veliz reiterated his feelings that if the applicant has followed all of the rules,
then barriers should not be erected. He is in favor of the interchange improvements but
the applicant has followed the rules and his application should be approved.
3640 Councilor Bjelland stated that several comments had been made about following the rules
and, in his opinion, it is the Planning Commission's responsibility to see ifthe rules are
being followed. He also felt that it was the Council's responsibility to go beyond whether
it follows the rules by taking into consideration other factors that would be in the best
interest of the City. On almost all other projects, he believed that he had gone by the
rules because usually a project is in the best interest of the City. However, in this case, he
felt that the public good is more important than just following the rules.
Mayor Figley reminded the Council that this decision is subject to the 120-day rule and,
as a precaution, she has noticed a special City Council meeting for tomorrow in the event
there is not a unanimous approval of this Council Bill. In the event she were to vote on
this bill, she would be voting in favor of the bill because the Council is dealing with a site
plan that is zoned outright for the proposed use and the applicant was willing to backoff
on concerns that were most critical. She expressed her concerns that if the bill is
defeated, the Council will need to come back with an ordinance with findings of denial,
which will not be that easy to prepare, and the issue of appeal to LUBA. For the record,
she would vote in support of the ordinance for a tie because she did not want to cost the
taxpayers of the City money, time, and expense associated with an appeal that she does
not feel that the City would prevail.
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Councilor McCallum stated that one of the concepts that is important is the rule oflaw.
He questioned if the City is breaking any law if a negative position is adopted by the
Council.
Attorney Shields stated that, as the City Attorney, he would argue in favor of the decision.
In this case, the difficulty is that there are planning standards and criteria under the
current code that apply and it appears, based on the planning staff report, the Planning
Commission decision, and the testimony in the record, that the standards and criteria have
been met. If the bill is defeated, another ordinance would need to be drafted to deny the
application based on the Council's reasons for the denial. An appeal of the decision
would be to the Land Use Board of Appeals (LUBA). In most cases, LUBA does not
award the cost of attorney fees, but in this case, that may be an issue to be argued.
Councilor Cox stated that he was not aware of LUBA having the ability to award attorney
fees against the City.
Attorney Shields stated that there are two statutes (197.835 (10)(a), and 197.830 (15)(b))
that give LUBA the authority to award the attorney fees.
Councilor Bjelland stated that he is aware of several instances where cities have taken
similar type of actions and he questioned if Attorney Shields was aware of any court cases
on issues of this type and the outcome of those cases.
Attorney Shields stated that the City has a zoning code and certain standards and criteria
that need to be applied. If a decision to deny is based on specific criteria, then the case is
a lot stronger to defend.
Mike Robinson, attorney for the applicant, requested an opportunity to make a procedural
point.
Attorney Shields informed the Mayor that it was at her discretion if she allowed him to
speak since he was making a procedural point and not offering evidence.
Mike Robinson stated that the record is closed, but if the Council chose to act to deny,
there is nothing in the public hearing evidentiary record relating to MW ACT, safety, or
access to other roads. To the extent that Councilor Bjelland's comments might be
construed as evidence, he asked that they be stricken from the record since the record is
not open and he is not aware of anything in the record on these specific issues.
Councilor Cox stated that there is concern about liability for attorney fees but that should
not be the focus. In his judgment, the only thing that he can think of that would give the
City a basis for making a decision that is other than purely subjective idea that it is not the
best interest of the City, would be that it is implicit in the Woodburn Development
Ordinance provisions that traffic impact studies must be provided, that the Council must
have the right to act on those traffic studies, and have the right to rely on the impact of the
traffic as part of the City's approval criteria.
Councilor Bjelland stated that he still felt that there was sufficient testimony in the record
so that staff could prepare an adequate ordinance to deny the application.
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5425 Attorney Shields reiterated that he wanted to alert the Council as to what the parameters
are and he will follow through with whatever he can to do to justify the Council's
decision.
Councilor McCallum stated that he is dedicated to Woodburn and the livability issues,
however, he also felt that he needed to look at the rule oflaw when making a decision.
On roll call vote, Councilors McCallum, Sifuentez, and Veliz voted aye; Councilors
Bjelland, Cox, and Nichols voted nay. Mayor Figley voted aye to break the tie. .
A special meeting will be held on November 25, 2003, 6:30 p.m., City Hall Council
Chambers, for a final vote on this Council Bill.
5685 ANNUAL REVIEW OF THE WOODBURN DEVELOPMENT ORDINANCE.
Councilor Cox suggested that the City consider having a concurrency provisions within
the development ordinance which would give the City the right to deny an application if
the long range plans are not yet fulfilled as long as there is some reasonable expectation
that they will be fulfilled. Another concern involves big box stores and the length of
time it may take to get another business into those stores since the holders of those
properties may hold off on leasing those properties to a competitor. As a condition of
approval, he felt that the City could require that the developer enter into a covenant that
the property owner would have to agree to sell it to anybody once the building has been
vacated whether or not the business buying the property is a competitor. After reviewing
the staffs list, he felt that they were all worthy ofreview but he was unsure ifhe was in
agreement on all of the issues at this time.
Councilor Bjelland stated that the fence issue was identified on the list for review.
Administrator Brown stated that the Focus Group will be reinstated to assist in the review
process. Councilor Cox stated that he would be willing to be the Council representative
on the Focus Group. Mayor Figley stated that she would contact the Planning
Commission Chair to see which member of the Commission would be willing to serve on
the Focus Group.
BJELLAND/SIFUENTEZ.... instruct staff to prepare a resolution to direct staff to draft
revisions to the Woodburn Development Ordinance to address the issues outlined in
Exhibit "A" to the agenda item and those additional items that were brought up by
Councilor Cox. The motion passed unanimously.
6465 DISCUSSION ON ALIGNMENT OF BOONES FERRY ROAD AT HIGHWAY
214.
Public Works Director Tiwari provided background information on this project which is
on the City's Capital Improvement Project list and eligible for approximately $200,000 in
federal and state highway funds. The Boones Ferry Road I Settlemier Avenue I Highway
214 intersection is not part of a local improvement district and funding for this proj ect
involves a number of sources including traffic impact fees, system development charges,
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and state / federal highway funds. Two options were provided for Council consideration
one of which would widen the roadway equally on both sides (Option A) and the other
option would widen the street on the west side (Option B). He stated that both options
will include the removal of some trees to the north and south of the intersection. The
capacity of the roadways will increase once the intersection is improved and the traffic
signal timing will be different thereby improving the capacity of the entire intersection.
There will be some right-of-way acquired but the amount to be purchased is dependent
upon the option selected. He stated that the State is looking for a decision by the City so
that they can move forward with a traffic signal configuration. The School District is
concerned about their parking area since they do not want to lose parking spaces. Staff is
working with the School District to help them configure the parking lot to retain the
number of spaces. In regards to the house along Settlemier near the Grange Hall
entrance, the City will need to purchase the house and will then sell back a portion of the
land not needed for the right-of-way to the Grange. He reviewed other land to be
acquired on the north side of the intersection in order to provide sufficient right-of-way
for this project. Staff suggested that Option B be considered since long range future
development in this area will not require the replacement of sidewalks and curbs abutting
the school property whereas by widening the road equally on both sides will require the
removal of the sidewalks and curbs on both sides ofBoones Ferry Rd. He reiterated that
either option will work and the State Dept. Of Transportation has indicated that they will
work with the City on this improvement.
Councilor Bjelland questioned the number of lanes that would be going north and south.
Director Tiwari stated that there will be three lanes going to the south on the north side of
the intersection and one lane will go north with a refuge lane into the school. The area
will have a bikelane and the sidewalk on the west side will be 6 feet in width. The same
lane configuration will be on the south side of the intersection and the project will end at
Harrison Street
Councilor Cox questioned how far over is Option B shifted from Option A..
Director Tiwari stated that there will be about 14 feet difference between Option A and
Option B. Discussion was held on the number of traffic lanes proposed and how stacking
of vehicles will help to eliminate the backup of traffic on Settlemier and Boones Ferry
Road. In regards to Church Street, there will be a barrier between lanes so that motorists
will need to go to Harrison Street to turn east.
Councilor McCallum stated that the School District currently utilizes parking on the east
side ofBoones Ferry Rd since there is insufficient parking spaces available in the main
parking lot. However, he did feel that employees could park in the parking lot behind the
school thereby opening up some spaces in the front of the building.
2003 COX/MCCALLUM... approve the westerly alignment as recommended by staff.
The motion passed unanimously.
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2110 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS:
A) Planning Commission's approval of Design Review 03-17 and Variance 03-25:
Expansion of the Salud Medical Facility 1175 Mt. Hood Avenue. No action was taken by
the Council on this issue.
2157 MAYOR AND COUNCIL REPORTS.
Councilor McCallum thanked City Administrator Brown for making the nomination of
the Task Force to SOL V, and for all the work done by Matt Smith and Kezia
MacAlistaire in assisting the Task Force over the years.
Councilor McCallum stated that the Fire District is aiming for an April 15, 2004
completion date and, with the construction going on at the main station, the fire
department personnel are using the James Street station for their living quarters. The Fire
Department also received a new ladder truck which replaces a ladder truck which is now
about 27 years old. The new ladder will go up about 100 feet which is about 25 feet
higher than the old ladder truck.
Councilor Bjelland stated that a large tree branch crossing Cleveland Street near
Settlemier Avenue looks like it is close to breaking off and he asked staff to look into this
situation as soon as possible.
Councilor Nichols invited the public to attend the Music Holiday concerts and attendees
are asked to bring a can of food which will be donated to the food barue
2488 ADJOURNMENT.
NICHOLS/MCCALLUM....meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:10 p.m..
ATTEST ~ ~
Mary T ant, Recorder
City of Woodburn, Oregon
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