Minutes - 07/28/1997
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COUNCIL MEETING MINUTES
July 28, 1997
DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JULY 28, 1997..
CONVENED. The Council met in regular session at 7:00 p.m.
with Mayor Kirksey presiding.
ROLL CALL.
Kirksey
Chadwick
Figley
Hagenauer
Jennings
Pugh
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
staff Present:
city Administrator Childs, City Attorney Shields, Public Works
Director Tiwari, community Development Director Goeckritz,
Police Chief Wright, Finance Director Gillespie, Public Works
Manager Rohman, city Recorder Tennant
MINUTES.
Administrator Childs stated that the Council minutes of July
14, 1997 need to be corrected regarding the grant award for
the World Berry Center Museum. The total amount of the grant
was $7,500.
JENNINGS/FIGLEY... accept the Council minutes of July 14, 1997
as corrected. The motion passed unanimously.
Administrator Childs stated that a request was received today
requesting a waiver of solicitation fees and he suggested that
it be added to the agenda as item 10(G). Mayor Kirksey stated
that this item will be added to the agenda.
ANNOUNCEMENTS.
A) NATIONAL NIGHT OUT ON AUGUST 5. 1997 -- Chief Wright
encouraged the public to participate in this annual event by
attending their neighborhood block party. He also reminded
the pUblic that safe communities begin at home, then extend to
the neighborhood, and finally to the entire community.
B) COUNCIL WORKSHOP ON AUGUST 4. 1997. 7:00 >>m -- This
workshop will be held for the purpose of discussing potential
ballot measures for the November 1997 election.
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Councilor Jennings stated that he had attended the "Chamber At
The Drags" on July 23rd and had won one of two matches against
Chamber Executive Director Jane Kanz. He suggested that the
council get a team together for next year since this was a
very enjoyable event.
CONTINUATION OF PUBLIC HEARING --- RAVEN INN LIOUOR LICENSE.
Mayor Kirksey continued the public hearing at 7:06 p.m..
Chief Wright read his supplemental staff report into the
record which specifically addressed questions raised at the
June 23rd hearing. Based upon the incidents which occurred in
1993/94 and the February 1997 incident in which alcohol was a
factor, he recommended that the Council provide a negative
recommendation to OLCC. Additionally, he felt that racial
comments made by Mr. Wiebe during the February 7, 1997
incident along with alcohol abuse leads one to believe that
Mr. Wiebe would not be able to comply with laws nor be able to
control himself or the responsibilities involved in operating
a licensed liquor establishment.
Councilor Jennings questioned if the information provided
within this agenda packet is the reinvestigation material.
Chief Wright affirmed that and stated that the investigation
material included in the packet has been provided to Mr. Wiebe
and Attorney Reid.
Mike Reid, attorney representing applicant Ronald Wiebe Jr.,
stated that he disagreed with Chief Wright's recommendation
and with his conclusions within the recommendation relating to
racial slurs and alcohol abuse. He reiterate his client's
statements that the racial slurs did not happen and reminded
the Council that no other individual present at the tavern on
the evening of the incident has come forward to substantiate
Darlene Standridge's statement.
Regarding Mr. Wiebe's use of Lithium, Mr. Reid explained that
the medication is taken on a doctor's prescription for
treatment of depression and that there is nothing
inappropriate about that. He acknowledged the concern of
mixing Lithium with alcohol and the potential problems that
could be caused by Mr. Wiebe being a social drinker. However,
he stated that he saw nothing in the staff report about mixing
Lithium and alcohol and that he did not feel there was any
evidence that Mr. Wiebe's taking Lithium had contributed to
his problem.
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In regard to Mr. Wiebe's behavior, Mr. Reid stated that there
was one conviction which occurred in 1993 - He stated that all
ot the problems essentially refer to "one bad day" in 1993,
and as a result of that incident he was cited for DUll and
went through an alcohol diversion program.
In reference to the February 7, 1997 incident at the Raven
Inn, Mr Reid stated that the allegations against his client
cover several behaviors: He was rude in trying to lure
customers from one tavern to the tavern he is planning to buy;
He was arrogant in boasting that he was to become the new
owner of the Raven and about some of his plans for the Raven;
He was angry and evidently Darlene Standridge became upset
when Mr. Wiebe ordered her to prepare some food-after which
she began to "card" everyone and ousted some who had no ID
with them, even though they were obviously over the legal age
limi t .
He stated that Mr. Wiebe then became angry, feeling that
Darlene Standridge was trying to sabotage the business. When
Tina Wiltsey came to the bar that evening, he became more
upset because he believed that Darlene Standridge was acting
on Wiltsey's orders. Tina Wiltsey assured him that was not
the case.
Mr. Reid stated that it was alleged that Mr. Wiebe ordered the
employees around, which was viewed as inappropriate behavior,
however, no witness told the police investigator that Mr.
Wiebe had ordered any employee around. He stated that Darlene
Standridge was the only person to make the allegation.
In reference to Mr. Wiebe's drinking, Mr. Reid stated that no
one, including Darlene Standridge, is alleging that he was
intoxicated in any bar. The only allegation that he abused
alcohol or had been intoxicated, was that one night in 1993,
when he had consumed over the legal limit of alcohol for
driving a motor vehicle.
Mr. Reid stated that it all right for Mr. Wiebe to drink in
the Raven, or any other place. He stated that Mr. Wiebe has
never denied that he was drinking at the Raven.
Mr Reid stated that he felt the police investigators are under
the erroneous belief that because Mr. Wiebe intended to
purchase the Raven and had put earnest money down, that he now
falls within the general prohibition against a licensee
drinking on duty. He reminded the Council that Mr. Wiebe was
not a licensee of OLCC at that time and even if he were to
claim to be a licensee as alleged by Darlene Standridge, the
fact is that he is not a licensee, and this would be confirmed
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by OLCC. He stated that Mr. Wiebe can drink at the Raven
without violating any OLCC rule, therefore Mr. Wiebe had done
nothing illegal in drinking at the Raven.
Mr. Reid reminded the Council that the liquor commission is
concerned not that someone drinks, but only can become
concerned when, because of someone's drinking, they use poor
judgement and break the law repeatedly. He stated that Mr.
Wiebe used poor judgement and broke the law one time in 1993,
which resulted in an alcohol diversion program and conviction
of DUll, but the fact that he continues to drink socially is
irrelevant. He stated Mr. Wiebe has not broken any law in the
last four years, while under the influence of alcohol or
otherwise.
Mr. Reid commented on the alcohol treatment program's
recommendation that he abstain from the use of alcohol.
talking with the coordinator of the program he was told
they always recommend abstinence.
After
that
Mr. Reid stated that Mr. Wiebe was not diagnosed as an
alcoholic and the recommendation is of no real significance.
He stated that Mr. Wiebe has had no problems associated with
his drinking for nearly four years.
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Mr. Reid made some additional comments regarding his
perception of Darlene standridge's credibility as a witness.
He then reminded the Council that while one might not like
some of the things that Mr. Wiebe has done, the question for
the council is whether those things represent a basis for a
recommendation that his liquor license be denied, and to
consider that Mr. Wiebe has not abused alcohol in almost four
years. He stated that all the allegations are not a basis to
deny the license.
Mr. Reid stated that Mr. Wiebe fully understands his
responsibility as a licensee of the OLCC and if granted a
license, will comply with the law, will not drink on duty, and
will run a good business. Mr. Reid states that Mr. Wiebe has
indicated that he will especially cater to the hispanic
population of the community and that he harbors no racial
prejudice.
Mr. Reid concluded by asking that the Council give Mr. Wiebe a
chance and recommend favorably to OLCC.
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Councilor Jennings cited the OLCC rules in giving one of the
reasons for denying a license, which state that it may be
denied if the applicant has a history of alcohol or drug
abuse. Councilor Jennings stated that Mr. Wiebe's history of
attending alcohol diversion meetings with alcohol on his
breath after being instructed to abstain, in his mind,
constituted alcohol abuse.
Mr. Reid stated that the 1993 issue is not a recent abuse of
alcohol. He stated that he felt the Chief of Police and his
investigators were in error in their recommendations in this
case.
Chief Wright stated that though this particular episode was in
the past, and that Mr. Wiebe has not been arrested, nor had a
run-in with the law, does not mean that Mr. Wiebe does not
have a problem. He stated that he felt the police
recommendation was as accurate as possible and that he stands
behind it. He reminded the Council that the police
recommendation and the Council's recommendation were just
recommendations; and that the final decision would be that of
OLCC.
Mayor Kirksey declared the public hearing closed at 7:35 p.m..
Councilor Pugh stated that, in his opinion, the staff report
was completed in a thorough manner and supported a negative
recommendation.
Councilor Figley stated that she did not see any additional
information within the staff report which would change her
mind on this issue. She reminded the Council that this
establishment has had a history of prior problems and she
reiterated her objection to granting a liquor license to Mr.
Wiebe Jr. based on the information contained within the
report.
Councilor Jennings expressed concern regarding Mr. Wiebe's not
taking medication on a regular basis and he had not seen a
doctor's report which would provide information on the effects
of taking the lithium medication on an as-needed basis. He
was also concern about the records from the Addiction
counseling & Education Services, rnc., which recommended that
Mr. Wiebe continue attending alcohol anonymous meetings and
abstain from drinking alcohol, neither of which has been done
by Mr. Wiebe as of this date.
Councilor Sifuentez stated that she felt that it was to the
Council's advantage to reinvestigate this issue, however, the
new information had not changed her opinion and she would be
following the Police Chief's recommendation.
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councilors Hagenauer and Chadwick stated that they were in
agreement with comments made by the other Councilors.
JENNINGS/PUGH.... City provide a negative recommendation to
the Oregon Liquor Control Commission for liquor license
approval of Mr. Ronald Wiebe Jr.. The motion passed
unanimously.
1190
TABLED BUSINESS - COUNCIL BILL NO. 1758: ORDINANCE INCREASING
LOCAL GAS TAX.
No action was taken by the Council to remove this item from
the table.
TABLED BUSINESS - WOODBURN DOWNTOWN ASSOCIATION REOUEST FOR
REMOVAL OF TREES ON FRONT STREET.
No action was taken by the Council to remove this item from
the table.
TABLED BUSINESS - WOODBURN DOWNTOWN ASSOCIATION REOUEST FOR
PARKING RESTRICTIONS.
No action was taken by the Council to remove this item from
the table.
TABLED BUSINESS - APPLICATION FOR CONNECTION TO CITY SERVICES:
1570 BLAINE STREET.
JENNINGS/FIGLEY... application for connection to city utility
services be removed from the table. The motion passed
unanimously.
JENNINGS/PUGH... based on the information within the report
from Attorney Shields regarding annexation of property, the
application to grant city services be approved provided that
the property is annexed into the city.
Councilor Jennings stated that he felt that the Council should
approve the application because of the potential health
hazard, however, he disliked the postage stamp type of
annexations.
The motion passed unanimously.
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Councilor Jennings thanked the Administrator for sending out
the notices to the gasoline dealers and reminded the public
that he would be offering a motion at the next Council meeting
to remove the gas tax issue from the table.
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COUNCIL BILL 1816 - RESOLUTION ENTERING INTO A CONTRACT WITH
CITY COUNTY INSURANCE SERVICES FOR MEMBERSHIP IN THE GENERAL
AND AUTOMOBILE LIABILITY RISK SHARING POOL.
Council Bill 1816 was introduced by Councilor Hagenauer.
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 Kirksey declared
Council Bill 1816 duly passed.
COUNCIL BILL 1817 - RESOLUTION ENTERING INTO AN
INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITH CHEMEKETA
COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLSI.
Council Bill 1817 was introduced by Councilor Hagenauer. 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 Kirksey declared Council Bill
1817 duly passed.
COUNCIL BILL 1818 - RESOLUTION ESTABLISHING 1997-98 EMPLOYEE
COMPENSATION.
Councilor Hagenauer introduced Council Bill 1818. Recorder
Tennant read the bill by title only since there were no
objections from the Council. On roll call vote for final
passage, Council Bill 1818 passed unanimously. Mayor Kirksey
declared the bill duly passed.
ACCEPTANCE OF UTILITY EASEMENT -- 1-5 FORCE MAIN AND GRAVITY
SEWER PROJECT.
staff recommended the acceptance of an utility easement from
Marion County for a parcel of land located within the gravity
sewer project.
JENNINGS/FIGLEY... easement from Marion County be accepted.
The motion passed unanimously.
LIOUOR LICENSE APPLICATION - SU CASA IMPORTS. 297 Front
street.
Chief Wright recommended a positive endorsement of a package
store liquor license application submitted by Rafael &
Isabelle Mendoza DBA Su Casa Imports.
JENNINGS/PUGH.... recommend to OLCC the approval of the
package store liquor license application for Su Casa Imports.
Councilor Figley stated the business owners have a very
attractive and clean establishment, however, she wanted to
bring to the Council's attention that they had previously
denied package store applications submitted by other
individuals who had operated clean businesses but situations
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in the past had led to the Council's decisions not to approve
those specific licenses. She stated that she would be very
vocal in her objection to a future package store license at
this location if the same behavior occurs from patrons as in
the past.
Chief Wright stated that he has spoken with the owners who
also operate a very nice store in Hillsboro which includes a
Community Policing desk within their business. He agreed that
there had been numerous problems, however, there is no
substantial facts in place that would allow him to make a
negative recommendation on this application.
The vote on the motion to approve the license passed
unanimously.
LIOUOR LICENSE APPLICATION - LUPITA'S. 311 N. FRONT STREET.
Chief Wright recommended a positive endorsement of a Class C
liquor license application, with a compliance plan, submitted
by Martin Ochoa DBA: Lupita's.
JENNINGS/PUGH... favorable recommendation be forwarded to OLCC
for a new outlet Class C liquor license for the business
Lupita's along with the agreed upon Compliance Action Plan.
During a brief discussion on the restrictions of a Class C
outlet, the Council was assured that there would be no lounge
and alcohol would only be served if food was ordered. All
alcohol servers within the establishment would be required to
have an OLCC server's permit.
Councilor Pugh expressed his opinion that the restaurant is a
very attractive establishment and the liquor license will
enhance the business and he hopes that they will be able to
grow and become very successful.
The vote on the motion to approve the license passed
unanimously.
NON-PROFIT SOLICITATION REOUEST - UNITED STATES MISSION.
A request was made by the United states Mission of Portland,
Oregon, to do door to door solicitation within the City for
the period of July 28, 1997 through August 28, 1997 without
paying the applicable solicitation fees due to their religious
non-profit status.
Mayor Kirksey expressed concern regarding the granting of the
fee waiver since there was no information available that
clearly defined this group as a religious organization.
Administrator Childs reminded the Council that the City's
solicitation ordinance has been in effect since 1969 and,
based upon supreme Court cases in the mid-1980's, the City has
allowed fee waivers for organizations that are clearly
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religious in nature. He read his memo into the record which
recommended the waiver of the fees. As stated within the
memo, the state Dept. of Justice informed the City that this
organization is exempt from registering with the Department
since they are classified as religious in nature.
The Councilors reiterated their concerns regarding request and
questioned the City Attorney as to the options available to
the Council.
Attorney Shields stated that there is a problem with our
ordinance as it relates to an Oregon case plus some federal
laws regarding religious organizations. He suggested that the
City consider modifications to the existing ordinance to
update the process. He reminded them that they have two
options available to them at this time - 1) grant the waiver
or 2) deny the waiver and require the organization to follow
the investigation process.
PUGH/SIFUENTZ... deny this waiver request submitted by the
united States Mission of Portland, Oregon.
Councilor Jennings expressed concern as to the method of
solicitation in which this organization would follow and
whether or not they would be wearing identification badges.
Mayor Kirksey stated that they would not be soliciting until
such time as they follow the proper channels and the Police
Department conducts an investigation.
The motion to deny the request passed unanimously.
2128
CLAIMS FOR THE MONTH OF JUNE 1997.
SIFUENTEZ/FIGLEY... approve voucher checks #37131 - 37581 in
the amount of $811,854.23 issued during the month of June
1997. The motion passed unanimously.
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STAFF REPORTS.
A) PARR ROAD LID STREET IMPROVEMENT ---
Councilor Jennings stated that the paving contractor for this
project is concerned that he will not be able to get his work
done on time due to the utility company's 2 week delay in
getting their work completed, therefore subject to penalty
fees as provided for within the contract.
Director Tiwari stated that they will be working with the
contractor and realize that delay on the part of the utility
companies are not the fault of the paving contractor. It is
the city's intent to get the sidewalk and bikeways in before
school starts.
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B) WOODLAND AVENUE LANDSCAPE MEDIAN ISSUE ---
Public Works Manager Rohman read his memo into the record
regarding the feasibility of providing water to the median
strip on Woodland Avenue so that the residents could provide,
and properly maintain, additional landscaping in the median
strip. In summary, ODOT (Oregon Dept. of Transportation) has
designated Woodland Avenue as a primary access point with
Highway 219 and a traffic signal will soon be installed at
that intersection. In addition, proposed developments in the
northwest area will require dual left turn lanes. and its
impact on Woodland Avenue has yet to be determined. staff
recommended that the City wait until final roadway plans have
been developed before a decision is made on supplying water to
the median strip.
Councilor Pugh stated that he is bothered about the potential
loss of the median strip in order to accommodate potential
traffic flow. He suggested that there is sufficient right of
way along Woodland Avenue that could be used for the roadway
instead of destroying the median strip. He urged the Council
and staff to keep this attractive median strip intact when
looking at proposed roadway plans.
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MAYOR AND COUNCIL REPORTS.
Councilor Figley stated that a more solid report on Centennial
Park will be made available to the Council at the next
meeting. Some additional engineering work has been completed
and the Committee will be meeting to discuss the results of
this work.
In regards to the Housing Rehabilitation Loan Committee, they
will soon be meeting with staff so that when funds are made
available, homeowners who have been granted a loan can proceed
with their improvements.
Councilor Jennings complimented the Fire District and Police
Department on their handling of the emergency fire situation
last Sunday at the Woodburn Fertilizer plant. The Police
Department's CAV vehicle was used as a command post at the
site and he thanked the farsightedness of the Police
Department in obtaining this trailer. The City's emergency
management plan was put into effect and many city employees
(Public Works and Police) were at the site throughout this
emergency to provide assistance and technical information.
Councilor Hagenauer questioned the status of the private
railroad crossings along Cleveland Street.
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Public Works Director Tiwari stated that the city has received
a copy of a letter from Bob Benck, Woodburn Fire District, to
the Mid-Willamette Valley Railroad stating that crossings need
to be put into place .
Councilor Jennings stated that Mrs ostergaard who lives on the
south side of Cleveland is also researching this issue and has
found that the property owners do have permits which allow the
crossings to be put back into place, however, the dispute is
in the question of who pays for those crossings.
Councilor Hagenauer also questioned if a utility company or
developer is responsible for cleaning up the area in which
they were working and/or replacing damaged property.
Director Tiwari stated that work done within the public right-
of-way must be cleaned up by the developer. In regards to a
private easement, it is the property owner's responsibility to
work with the developer or utility company to restore the
property to its original state. He briefly reviewed the
process followed by Public Works when a developer or utility
company fails to clean-up the work area following completion
of a project.
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Councilor Sifuentez invited the public to attend the annual
Mexican Fiesta which will be held at Legion Park August 1st -
August Jrd. The parade will begin at 12:00 noon starting at
Settlemier Park and she encouraged the Council to participate
in the parade.
Mayor Kirksey stated that the train used in past parades is
over at Case Automotive and being fixed. However, if the
train is not running by Saturday, alternative plans will need
to be made by the Council so that they will still participate
in the parade activities. councilor Jennings offered to drive
the DARE vehicle if it is available.
Councilor Chadwick stated that she had attended the Aware Food
Bank open house last week, which has recently moved to a new
location providing nice office space to house this program.
Councilor Pugh questioned the status of the Hwy. 219 lane
expansion and traffic light installation at the Woodland
Ave/Hwy. 219 intersection. Traffic congestion is creating a
hazardous situation within this area.
Public Works Manager Rohman stated that the City has let the
contract for this project and we are trying to get it
completed as soon as possible. In regards to the traffic
signal, each traffic signal pole has to be made special and
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orders for poles are not submitted until after a contract has
been awarded. It will take up to 3 months to get the poles
and staff is hoping that the light will be installed between
mid-September and the first part of October.
A gentleman in the audience expressed his concern regarding
the heavy truck traffic coming out of the Waremart development
coupled with the traffic from the new Hillyer's car dealership
located directly across the street from Arney Rd and the heavy
truck traffic coming off of Arney Rd from the proposed factory
outlet mall development.
Chief Wright briefly commented on the recent fire at Woodburn
Fertilizer and commended Lt. Eubank for his work in developing
the emergency plan which was put into place at the time of the
incident and handled stupendously by all affected personnel.
Councilor Jennings also thanked Lt. Eubank for being the
author of the emergency plan which appeared to do what it was
intended to do during an emergency situation.
Chief Wright also informed the Council that Pat Johnson,
reporter for the Woodburn Independent, will be leaving the
Woodburn Independent effective August 1st for a new reporting
job in Beaverton. He congratulated him on his move even
though he will miss his fair reporting of issues within our
community.
Mayor Kirksey stated that it is nice to be back in Oregon and
she expressed her appreciation to the Council for representing
her at various meetings and functions while she was away.
ADMINISTRATOR'S REPORT.
Administrator Childs also expressed his thanks to Pat Johnson
for his fair reporting of city issues. He also introduced
Annie Chu who is a new reporter for Northland Cable News.
Administrator Childs stated that he had attended a luncheon
meeting with the new Marion County Sheriff, Raul Ramirez, who
announced at the meeting the selection of Lt. Greg Olson as
his Undersheriff.
Mayor Kirksey expressed her regrets with the news of reporter
Pat Johnson leaving the employment of our local newspaper and
she wished him the best of luck in his future endeavors.
EXECUTIVE SESSION.
JENNINGS/FIGLEy.... adjourn to 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. The motion passed unanimously.
The Council adjourned to executive session at 8:35 pm and
reconvened the meeting at 9:02 p.m..
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The following action was taken as a result of the executive
session.
JENNINGS/FIGLEY... accept the proposal from Mrs. Hazel smith
which is a payment of $9,802.23 plus 10'x393' property for
public right of way from Mrs. smith in lieu of assessment
amount fixed by Ordinance No. 2193. The motion passed
unanimously.
JENNINGS/FIGLEY... accept the proposal from Ron & Debbie
Monnier which is a strip of land for public right-of-way in
lieu of assessment amount fixed by Ordinance No. 2193. The
width of this strip is the difference between 46' distance
from the center and the south edge of existing right-of-way
and the length is defined as the entire length of property
along Parr Road. The transfer of land is to take place at the
time of property sale or earlier. The motion passed
unanimously.
JENNINGS/FIGLEY... accept the public right-of-way from Hope
Lutheran Church having an overall area of approximately 1/3
acre as shown on the attached map, follow the terms of the
church letter dated June 27, 1997 as modified by Public Works
Director's letter dated July 23, 1997, and reduce the
assessment obligation outlined in Ordinance No. 2193 by
$13,745.38 to compensate for land transaction. The motion
passed unanimously.
ADJOURNMENT.
JENNINGS/FIGLEY... meeting be adjourned.
The motion passed unanimously.
The meeting adjourned at 9:03 p.m..
C
APPROVED
IRKSEY, MAYOR
ATTEST IY'\~= I~
Mary~nant, Recorder
city of Woodburn, Oregon
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