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Minutes - 04/11/2005 COUNCIL MEETING MINUTES APRIL 11,2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 11,2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0025 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present (7:06 pm) Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Park & Recreation Director Westrick, Recorder Tennant Special Legal Counsel: Paul Elsner - Beery & Elsner 0060 ANNOUNCEMENTS. A) Legion Park Master Plan - Recreation and Parks Board will host an open house on Tuesday, April 12, 2005, 6:00 p.m., City Hall Council Chambers, for the purpose of receiving community input on the Legion Park Master Plan. B) Friends of the Library Book Sale will be held at the Woodburn Public Library on April 22 and 23, 2005 between 10:00 am and 4:00 pm. C) Public Hearing will be held before the City Council on Monday, April 25, 2005, 7:00 p.m., to consider the vacation of Sixth Street near Lincoln Street. D) Council deliberation will begin on April 25, 2005 regarding Legislative Amendment 05-01 Woodburn 2005 Comprehensive Plan Update. 0108 APPOINTMENT - WOODBURN BUDGET COMMITTEE. Mayor Figley appointed Alma Grijalva to Position III of the Woodburn Budget Committee with her term expiring on December 31,2005. MCCALLUM/SIFUENTEZ... approve the appointment of Alma Grijalva to the Budget Committee. The motion passed unanimously. 0145 PROCLAMATION: NATIONAL LIBRARY WEEK 2005. Mayor Figley proclaimed April 10 - 16,2005 as National Library Week in Woodburn and encouraged local citizens to take advantage of our library resources and to thank our Page 1 - Council Meeting Minutes, April 11, 2005 1 COUNCIL MEETING MINUTES APRIL 11, 2005 TAPE READING Library employees for making information accessible to Library patrons. 0265 PROCLAMATION: MONTH OF THE YOUNG CHILD - APRIL 2005. Mayor Figley proclaimed April 2005 as Month of the Young Child in the City and urged citizens to recognize and support the needs of young children within our community. 0370 PROCLAMATION: VOLUNTEER WEEK. Mayor Figley proclaimed April 17-23, 2005 as Volunteer Week in the City of Woodburn and encouraged governmental agencies, businesses, and local residents to honor this observance with appropriate programs, ceremonies, and activities. 0450 PRESENTATION: WATER TREATMENT PROJECT UPDATE. Public Works Manager Rohman reviewed the project objectives which included (1) water quality improvement, (2) ability to meet current and future federal and state regulations, (3) provide increased storage capacity for fire fighting and emergency use, and (4) increase water supply capabilities. Currently, the City has 800,000 gallons of water in two elevated storage tanks and the 3 new storage reservoirs will hold a combined total of 4.7 million gallons of water which should take the City to its estimated population needs of the year 2020. The treatment process will remove iron and manganese from the water, reduce the amount of arsenic level to well-under the federal limits, and reduce the radon level to below the proposed federal standard. He provided several illustrations to give the Council a better understanding as to how the process works and interior/exterior photos of the sites to explain in more detail the operational aspects. He stated that the treatment process is an automated operation and computers will be used for this purpose. The Country Club Road plant is being operated during the day in order for staff to become familiar with the process and check out the backwash. Small amounts of treated water is being pumped into the distribution system from this plant. The Parr Road and National Way plants are going through final acceptance and it is anticipated that operational testing will begin in May 2005. It is anticipated that the system will be fully operational sometime during the summer with an open house to be planned for late summer or early fall. In regards to the use of water softeners, he stated that staff feels that water softeners should not be needed once the plants are operational. Staff is also working on a flushing program to try and get as much of the untreated water out of the distribution system as soon as possible so that there is more treated water in the lines. 1450 CHAMBER OF COMMERCE REPORT. J eanine Hohn, representing the Chamber Board, updated the Council on the following Chamber activities: 1) Community-wide Auction will be held on April 16, 2005 at the K-Mart building. This auction is a partnership between the Bulldog Association, Woodburn High School FFA Page 2 - Council Meeting Minutes, April 11, 2005 .. COUNCIL MEETING MINUTES APRIL 11, 2005 TAPE READING Alumni Association, and the Chamber of Commerce. Tickets are still available for purchase through the Chamber office. 2) Chamber Forum Lunch will be held on April 20th from 12:00 noon until 1 :00 pm at the Tukwila Center for Health & Medicine. Councilor McCallum with be this month's host who will be presenting the "State of the County" presented by Marion County Commissioners. 3) Tickets are still being sold for the Tulip Festival Raffle which is a gift basket worth over $2,000 and has been put together by Woodburn Company Stores with funds raised being donated to the Chamber. 4) Greeter's Program will be held on Friday, April 15th, at the Woodburn Art Gallery and on April 22nd at A & D Chiropractic in Hubbard between 7:30 am and 9:00 am. This last weekend, the Chamber and surrounding communities (Hubbard, Aurora, St. Paul, Mt. Angel, Silverton) were out at the Tulip Festival to market the entire French Prairie region to visitors outside ofthe area. 1750 WOODBURN SCHOOL DISTRICT REPORT. Jeanine Hohn, School District Communications Specialist, provided the Council with packets of information that were presented at the last Key Communicator's meetings. Included in the packets are (1) updates that were made and approved by Strategic Plan Board Members, (2) last year's state assessment test results which has been desegregated by the No Child Left Behind categories sub-groups for comparison purposes against benchmark levels, (3) an article from the National Staff Development Council which featured Heritage Elementary as an exemplary school in their practices for curriculum mapping and their work to close the language gap, and (4) an informational paper on the International Baccalaureate Program at the High School. 1969 Amberly Miller, owner of property located on the corner of Highway 99E and Cleveland Street, stated that the building on her property was built in 1962 and has been commercial general property since that time. She has been operating a business at that location and would like to use her drive-thru but was told that the side of the building the drive-thru is on was currently in a single family residential zone and a drive-thru is not allowed in that zone. Community Development Director stated that the map has shown a diagonal line through her property since about 1980 and this is one of the issues he has addressed in the Periodic Review amendments. He stated that the Comprehensive Plan shows the whole corner area as commercial but for whatever reason the zoning line cuts arbitrarily across property line. Mayor Figley suggested that she make an appointment with Director Mulder to discuss this issue. 2330 CONSENT AGENDA. Page 3 - Council Meeting Minutes, April 11, 2005 . COUNCIL MEETING MINUTES APRIL 11, 2005 TAPE READING A) approve Council meeting minutes of March 28,2005; B) receive the Building Activity report for March 2005; C) receive the Planning Tracking Sheet dated April 4, 2005; and D) receive the report on the removal of the tree on Boones Ferry Road. Councilor McCallum requested that the City Administrator review the tree removal report since this is a very large old tree which no longer has a crown that is present due to pruning over the years by PGE in order to maintain clearance from overhead power lines. Administrator Brown stated that the black walnut tree is located on Boones Ferry Road between Country Club Road and Constitution Avenue. The majority of the tree sits on property that is either in private ownership or viewed as a perpetual easement that should be held by the Heritage Park Homeowners Association with a very small portion ofthe tree extending into City right-of-way. The property owner has been concerned for some time since the tree tends to drop limbs some of which land in the back yard and others have hit the house. The overhead power lines have been removed but the tree has a pronounced V-shape without any crown. The City was contacted by the Homeowners Association and, based on an arborist's report, staff is recommending that the tree be removed. The report indicates that there are a number of cracks in the main trunk of the tree that make severe pruning or cabling of this tree unlikely to resolve the situation and it will continue to be dangerous. Another larger diameter tree would be planted at that location. Pursuant to City ordinance, staff proposes the expenditure of$500 for tree removal which is the maximum allowed by ordinance with the balance to be paid by the Homeowners Association once the Homeowners Association secured an easement for tree maintenance. BJELLAND/MCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. 2669 PUBLIC HEARING: CLARIFICATION AND REEVALUATION OF ALLOCATION OF COSTS FOR ARNEY ROAD REIMBURSEMENT DISTRICT IMPROVEMENT. Mayor Figley stated that, because of the nature of the hearing, this was an extremely abbreviated hearing for the limited purpose of making some factual determinations that the City was asked to make on behalf of the Court of Appeals. The Mayor opened the hearing at 7:20 p.m.. Paul Elsner, attorney representing the City on this issue, stated that a report from Public Works Director Tiwari was provided in the agenda materials for Council review. The Reimbursement District had gone through the trial court to the Court of Appeals who issued an opinion in November 2003 to remand the decision to make one minor clarification in terms of determining whether the location of frontage attributable to Mr. Baker was appropriate. In the Public Works Director's report, there is an extensive quote out of the Court of Appeals opinion where the court makes a factual miscalculation relating to Arney Road and "Old Arney Road" . The Court had assumed that there were Page 4 - Council Meeting Minutes, April 11, 2005 I COUNCIL MEETING MINUTES APRIL 11, 2005 TAPE READING two roads but, in fact, there is only Arney Road which makes a bend. That factual confusion can be explained in part by an ambiguity contained in the written description that accompanied a photograph in the Public Works Director's initial report showing a view east along Arney Road which described an intersection "...to connect the old Arney Road segment with the new roadway..". The Court of Appeals misread that phrasing such that it read it to mean Old Arney Road and Arney Road were separate thoroughfares. In November 2004, the Public Works Director was directed by the Council to make a clarification clear in a written form and he has looked again at his allocation scheme that he originally developed and determined that the allocation scheme was appropriate. Councilor Cox questioned if the letter from Mr. Alfred from Perkins Cole that was distributed to the Council just prior to the meeting will be made a part of the record. Mayor Figley stated that the letter is part of the record and Mr. Alfred is also present to provide testimony at this hearing. Roger Alfred, Attorney representing Craig Realty Group - Woodburn, LLC, stated that he concurs with the Public Works Director's report and feels that the issue before the Council is a very minor narrow issue that needs to be clarified with respect to whether or not the entire area around the comer of the frontage of Mr. Baker's property was included as part ofthe reimbursement district. Attached to the Director's report as Attachment B is a revised version of the map that was before the Court of Appeals. The key element of the confusion at the Court of Appeals level can be identified by comparing that Attachment B to what he has attached to his letter as Attachment A. This is the map that was part of the Council material back in 1999 and he noted that the map attached to Director Tiwari's current report correctly identifies that the reimbursable portion of the street improvement did in fact wrap around the comer of Arney Road following the frontage of Mr. Baker's property and was correctly included as part of the reimbursable improvements that are part of the reimbursement district. As stated in his letter, he felt that it was clear from the Council's prior decision in 1999 that the City did include that whole area around the comer in 1999. In his Attachment C, it shows that Mr. Baker's street frontage was 458 feet which is the entire area that wraps around the corner of the property. The transcript of the 1999 meeting also confirms that the frontage included area that wrapped around the comer. He requested that the Council adopt the clarified report including the map which identifies that small leg of frontage going down Arney Road. 3258 Don Kelley, attorney representing Dale Baker, stated that he disagrees with Mr. Elsner and Mr. Alfred's comments and proposed that the section in the Court of Appeals decision read by Mr. Elsner makes clear that there was no question at the Court of Appeals as to whether there was one Arney Road or two Arney Roads, but the question was whether Mr. Baker's assessment was consistent with the reimbursable portion ofthe roadway identified. He stated that the Council did identify a portion of the roadway when the Resolution was adopted in 1999. Contrary to Mr. Alfred, Mr. Craig testified at Page 5 - Council Meeting Minutes, April 11, 2005 1 TAPE READING COUNCIL MEETING MINUTES APRIL 11,2005 the hearing as to what he understood the reimbursable portion of the district to be frontage to Woodland Avenue. Mr. Kelley stated that there is only place in the City's Resolution that would describe the reimbursable portion of the improvements and those start at the comer of the aD aT property and go along Arney Road to Woodland and turns south. He argued that the Council adopted the frontage area that went to Woodland Avenue and did not turn south on Arney Road. Therefore, the frontage along Arney Road was never considered as part of the reimbursable portion of the improvements. It was possible that the Council intended to so something that they were not asked to do by Mr. Craig and it is possible that the Council intended to adopt another map then the one adopted. However, this was the map that was adopted and the Court of Appeals was saying that it this was inconsistent. With this map, the City charged Mr. Baker for the frontage on "Old Arney Road" and, ifthis is the only reimbursable portion of the street improvements as it is called in the resolution, then it would be in error to charge for the frontage that goes around the comer. The Court of Appeals has asked the Council to reconcile this by justifying how, ifno change is made to the calculation, a charge can be made for the frontage around the comer. He read an excerpt from the legal brief submitted by Craig Realty and the City to the Court of Appeals that states that the map which was attached to the Resolution identifies the portions of the road to be included in the reimbursement district. He stated that Craig Realty is now requesting that the City correct a mistake that Craig Realty made. He requested that the Council accept what Mr. Craig asked the City to do which is to not wrap the frontage around Arney Road and to recalculate the fees owed by Mr. Baker by subtracting the frontage foot portion that would come down to "Old Arney Road". He felt that it would be fair in that Mr. Baker cannot develop the same property twice since it goes around the comer. He also stated that the full land area is being reimbursed under Director Tiwari's schedule and he asked that the Council take what would amount to the long side ofMr. Baker's property and include it in the fee calculation but not the portion that would be duplicate around the comer. He requested that the Council not accept Director Tiwari's report. Councilor Cox questioned if the map shown on the overhead screen was a part of the Resolution adopting the district along with the schedule of cost attachment. Attorney Kelley stated that this map was in Director Tiwari's report to the Council which was adopted and incorporated into the Resolution and it is the only description of what the reimbursable portion would be. He stated that he has submitted a letter to the Council for the record which includes a copy of the map, copy of the portion of the Court of Appeals brief which reproduces this map, and a copy of Mr. Craig's testimony at the September 13, 1999 Council meeting. Councilor Cox requested clarification from Mr. Kelley that Attachment C of Mr. Alfred's letter shows the street frontage of Mr. Baker's property was part of the Public Works Director's report which was also incorporated into the Resolution. Mr. Kelley confirmed Councilor Cox's statement, however, he stated that the map is the only place the reimbursable portion of the improvements is identified. He understood Page 6 - Council Meeting Minutes, April 11, 2005 1 COUNCIL MEETING MINUTES APRIL 11, 2005 TAPE READING what Councilor Cox was indicating is that the full amount shown on Attachment C could be reimbursed but stated that Attachment C is not an identification of which frontage or how it is arrived at but it clearly goes outside of the only map. Mayor Figley declared the public hearing closed at approximately 7:40 p.m.. Councilor Bjelland stated that the Council has two documents with conflicting information but that he very clearly remembers the discussion that took place regarding this reimbursement district since he was the person who asked the question about what is involved on Baker's property and whether it wrapped around the comer. In the public hearing record of September 13, 1999 before the Council, it clearly indicates that Mr. Tiwari said that it did wrap around the comer. In his opinion, it was the Council's intention at that point in time to include that portion of the Arney Road frontage into the reimbursement district. There was discussion on whether it was fair to have it on a comer lot but there are two modes of determining the amount of reimbursement - one of which is acreage and the other is road frontage. This road improvement was a part of the improvement to Arney Road therefore it is his strong recollection that the Council made the decision to include that frontage as part of the reimbursement district. It may not have been picked up in the map but it was certainly included in the calculations of the reimbursement formula and allocation of that reimbursement to the property owners. Even though the Courts have indicated that there is some discrepancies between the records, the Council's intention at that point of time was to include the entire frontage of the Baker property as part of the reimbursement district. Councilor Cox stated that he was not on the Council at the time this action was being taken and was glad to hear comments from those that were present. If there is an ambiguity in the map, then he would look at the attached schedule which states 458 feet of linear frontage and no one has challenged the fact that the frontage would wrap around the comer in order to get that linear footage. Based on comments made by Councilor Bjelland and the Attachment C schedule, he still feels that it was the Council's intent to assess the frontage around the comer as part of Mr. Baker's benefit. Mayor Figley stated that she was also at that meeting and her recollection is that of describing the area then subtracting the property that could not appropriately be assessed because it was already developed such as the Texaco station, small motel access frontage, and Miles Chevrolet. The net results is that the front footage that went around the comer would be assessed. Councilor Sifuentez also stated that she recalled the front footage to wrap around the comer. BJELLAND/MCCALLUM... accept and approve the report. The motion passed unanimously. 4549 COUNCIL BILL NO. 2551 - RESOLUTION SETTING THE AMOUNT OF THE PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE. ALTERNATIVE RATE REVIEW FEE. ALTERNATIVE PAYMENT REOUEST Page 7 - Council Meeting Minutes, April 11, 2005 'I COUNCIL MEETING MINUTES APRIL 11,2005 TAPE READING FEE IMPOSED BY ORD. 2250. AND ESTABLISHING AN EFFECTIVE DATE. Councilor Sifuentez introduced Council Bill 2551. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Bjelland requested clarification on the collection of System Development Charges in the past for Parks. Administrator Brown stated that the misapplication of that mechanism has taken place over several years and the City has overcharged for some of these projects. Staff will be going back though the projects to calculate the overcharge and, if applicable, provide refunds to the various parties. Staff will let the Council know what the repayments look like once they are calculated. Councilor Bjelland questioned if the rate in the proposed Resolution is the recalculated current rate. Director Westrick stated that it is the recalculated current rate and it was arrived at by going back to the beginning and then moved forward to get to this new current rate. He stated that the old current rate was about $1,500 and the difference varies each year with it being no more than $30 per year. Councilor Bjelland stated that he had raised the issue about the concept of average market value. He questioned if (1) this would be a concept that would apply in other places and (2) how staff arrived at the change in average market value. Director Westrick stated that the actual increase factors are directly from the County Assessor's office. It is complicated in that the Assessor trends five different types of property and each amount of property has to be weighted. Annually, the Assessor changes methods that they use to trend property and staff has taken all of that into account to get to the current rate. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2551 duly passed. 5045 COUNCIL BILL NO. 2568 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY THROUGH ITS JUVENILE DEPARTMENT FOR THE ADMINISTRATION OF A STATE GANG REDUCTION GRANT. Councilor Sifuentez introduced Council Bill 2568. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2568 duly passed. 5142 RESOLUTION OF CONFLICT THROUGH WATER OPERATOR POSITION UPGRADE. Staff requested authorization to upgrade the Water Operator I position allocated in the 2004-05 budget to a Water Operator II position following an evaluation of position needs Page 8 - Council Meeting Minutes, April 11, 2005 1 COUNCIL MEETING MINUTES APRIL 11,2005 TAPE READING since the budget was originally adopted. NICHOLS/SIFUENTEZ... authorize and upgrade the Water Operator I position approved for 2004-05 to a Water Operator II. The motion passed unanimously. Councilor McCallum questioned the difference between a level I and level II Public Works Manager Rohman stated that a Water Operator II has a higher certification level in that it requires a Water Distribution certification as well as a Water Operator certification. 5386 SPONSORSHIP OF A CDBG GRANT APPLICATION FOR THE MARION COUNTY HOUSING AUTHORITY. A request has been made by the Marion County Housing Authority and Marion County Board of Commissioners to consider sponsoring an application for a Community Development Block Grant on behalf of the Housing Authority for the purpose of obtaining additional grant funds towards Hazelwood Estates development which will be a 32-unit affordable senior housing project on Carol Street in Woodburn. BJELLAND/MCCALLUM... Council agree to sponsor an application for a Community Development Block Grant on behalf of the Marion County Housing Authority. The motion passed unanimously. 5458 NEW BUSINESS: PROPOSED LETTER TO ST ATE REPRESENT A TIVE BETTY KOMP IN SUPPORT OF HB 3038. Mayor Figley stated that the City has been asked by the League of Cities and others to formally express the City's support on this legislative bill, however, she would only sign the letter if the Council was also supportive ofHB 3038. It was the consensus of the Council for the Mayor to sign the letter in support of the bill. 5525 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that he would be accompanying Terry Cole and another member of the ODOT Transportation Planning Group on April 12th to visit the City of Eugene and Medford to make some contact with Transportation Commissioners to try and gain some support from the Commissioners for the 1-5 Interchange project. The message they would like to share with the Commissioners is that Woodburn has come a long way in trying to meet the State's requirements for both matches and preservation of interchange capacity and, as a partner in this project, the City's project deserves better consideration than what the City has received in the past. He stated that they will be meeting with all 5 Commissioners over the next few weeks to try and move the City's project forward. One of the topics to be discussed will be the proposed Interchange Management Area (IMA), however, the Council has not had an opportunity to make a final decision on the IMA. In meeting with the Commissioners, they will discuss the IMA methodology or something similar to try to preserve the interchange capacity once Page 9 - Council Meeting Minutes, April 11, 2005 l' COUNCIL MEETING MINUTES APRIL 11,2005 TAPE READING the expansion has been made. B) Administrator Brown stated that, in the past, he has asked the Mayor and Council for personal contributions to help fund a team for the Relay for Life event. Staff would like to sponsor a team at either a Platinum level ($1,000) or Gold level ($750) so he will be asking the Mayor. Council, and department heads privately if they are willing to contribute to this cause. He reiterated that this sponsorship will not involve any tax payer dollars. C) Lastly, he stated that he had some tickets available for the "Taste of Woodburn" event which is a benefit for the AWARE Food Bank. This event will take place on Friday, April 22nd , 12:00 noon to 1 :00 pm, at the Tukwila Center for Health and Medicine. 5940 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that the "Taste of Woodburn" event includes good food and all of the proceeds go to the A WARE Food Bank which is in need of financial help to provide food to those in need. He also stated that there are traffic counters out on Highway 214/219 in the vicinity of the 1-5 interchange. On behalf of the Relay for Life organizers, Councilor McCallum expressed his appreciation to the Mayor, Council, and staff for their past and hopefully continued support. He also congratulated the Mayor and former Mayors for their groundbreaking efforts on the Plaza dedication and the City will soon have a great addition to the downtown area. Councilor Bjelland approved of Administrator Brown's efforts to meet with the OTC Commissioners since this is a very important task that will go a long way in overcoming some of the past difficulties the City has had with the OTC with regard to the Woodburn Interchange. He felt that this is an opportunity to enlighten the new OTC members as to the need for the interchange improvement and that Woodburn is making an effort to advance the project. MW ACT has been hearing that the OTC is looking for projects in which the local communities are leveraging in whatever manner possible to move their projects up for funding. Some potential earmarked funds from the federal government would be another incentive for OTC to fund this project. At the last MW ACT meeting, the group approved the potential distribution of funds if Seaside votes down the by-pass and they give up the $33 million of funds that are located for that project. It was noted that Woodburn could receive about $500,000 from that funding source. Councilor Sifuentez thanked all volunteers within the City who give so many hours of their time to make Woodburn a better place to live. Councilor Cox stated that the Council has been aware of the IMA concept for over a year and, even though a final decision has not been made, he strongly feels that something similar to the IMA will be adopted as part of the Periodic Review process. Mayor Figley stated that the concrete in the downtown plaza is now gone and she feels that the City will have a plaza that they can be proud of within the next 3 months. She will be donating a palm tree and she encouraged citizens to also consider making a Page 10 - Council Meeting Minutes, April 11, 2005 1 COUNCIL MEETING MINUTES APRIL 11,2005 TAPE READING donation in order to finish the project. Tape 2 0001 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority ofORS 192.660(1)(h) and 192.660(1)(t). NICHOLS/MCCALLUM... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:30 pm and reconvened at 8:46 pm. 0025 Mayor Figley stated that no action was taken by the Council while in executive session. 0045 ADJOURNMENT. MCCALLUMlSIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:47 p.m.. ATTEST ~:1t ~s..-:I- Mary Te nt, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, April 11, 2005 1 Executive Session COUNCIL MEETING MINUTES April 11, 2005 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 11, 2005. CONVENED. The Council met in executive session at 8:34 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Mulder, City Recorder Tennant The executive session was called under the following 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); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:43 p.m.. ATTEST ;1~~ Mary T ant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, April 11, 2005 I