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City Council Meeting Minutes
THURSDAY, MAY 18, 2006
CITY HALL COUNCIL CHAMBERS
CITY OF COLUMBIA CITY, COLUMBIA COUNTY, OREGON
AGENDA ITEM 1 CALL TO ORDER/ROLL CALL:
CONVENED:
Mayor Young called the regular meeting to order at 7:32 p.m. Harold Olsen delivered the invocation and Mayor Young led the flag salute.
COUNCIL MEMBERS PRESENT:
Mayor Cheryl A. Young
Councilor Bill Guy
Councilor Gary Hudson
Councilor Tyra Schroeder
COUNCIL MEMBERS ABSENT:
Councilor Bob Schmor
ALSO PRESENT:
Lisa Smith, City Planner
Michael Reedy, Chief of Police
Micah Olson, Public Works Superintendent
Leahnette Rivers, City Administrator/Recorder
ATTORNEY PRESENT:
Harold Olsen, City Attorney
A quorum was present and due notice had been published.
AGENDA ITEM 2 PUBLIC HEARINGS:
2.1 Public Hearing: Legislative public hearing regarding proposed amendments to the Columbia City Development Code and Comprehensive Plan.
Public Hearing opened.
Mayor Young said the Planning Commission met on May 9, 2006, and held a public hearing about these amendments.
Lisa Smith explained that these amendments are the result of ongoing housekeeping items. She said when the Planning Commission reviewed these amendments, they were presented in one ordinance, but staff felt the amendments to the Comprehensive Plan should be separated from the amendments to the Development Code, so they are now presented in two ordinances. She reviewed and explained each of the proposed amendments with the City Council in detail.
Mayor Young questioned the review process for the new homes that were recently constructed on the steep slopes along Fifth Street.
Lisa Smith said they went through the steep slope process that is required by the City's Development Code.
Leahnette Rivers said a geotechnical report was required, and the report was reviewed and approved by the City's Engineer.
Edward Pack of Columbia City asked if they have submitted a landscaping plan, and asked if a retaining wall will be required to keep their yard from sliding down the slope when it begins to rain.
Leahnette Rivers said the geotechnical reports and related conditions are available for public inspection.
Gerald Martin of Columbia City questioned the definition of a steep slope. He said Sue Joe was required to construct a block retaining wall behind her house because the bank was shaved below the Judge's duplex. He said the three new houses on Fifth Street look like they are much more likely to slide down the steep slopes, yet they haven't put in any retaining walls. He said he doesn't understand how those homes were allowed to be built on those steep slopes.
Lisa Smith said the City's ordinance states that a slope of 15% or greater that has either impermeable soils, has springs or ground water seepage, or is subject to rapid runoff must go through the steep slope review process. She said slopes of 20% or greater are all subject to the steep slope review process. She said the review process requires the approval of the City's Engineer. She said he must find that whatever is being done meets a long list of criteria before he approves the permit. She said a geotechnical study is required, and the Engineers are the ones that make the determination that the development is stable.
Edward Pack said the slopes on Fifth Street appear to far exceed 20%. He asked how the amendments to the Development Code relating to lot coverage area will effect his home.
Lisa Smith explained that the amendments to the Development Code impact future development, not existing development.
Gerald Martin said he does not see the difference between the slopes around the houses on Fifth Street, and the situation behind Sue Joe's home.
Leahnette Rivers explained that there was a cut made in the bank behind Sue Joe's house within the right-of-way and without a permit. When it was discovered, the City Engineer determined that the load above the cut needed to be stabilized by a retaining wall. She said in the case of the Fifth Street homes, the geotechnical work was completed before the work was done, and their work was subject to the conditions of the geotechnical report.
Mayor Young said copies of the Development Code amendments are available to the public for review.
Gerald Martin asked when the pavement will be replaced over the septic tanks on Fifth Street, and said there is a sinkhole in the street.
Micah Olson said the pavement will be patched very soon.
Public Hearing closed.
AGENDA ITEM 3 CITIZEN INPUT:
Edward Pack of Columbia City asked what the status is for repairs to "G" Street. He said there are so many potholes that the street is barely passable. He said the public works crew filled the potholes with crushed asphalt a while ago, but it is all gone by now. He asked whether or not the section of Fifth Street below his house will be improved. He said people drive on "G" Street all of the time. He said there is a lot of through traffic that makes a left turn on Sixth Street, even though the sign prohibits left turns.
Micah Olson said they will be patching the holes on Fifth Street with asphalt as soon as someone is running asphalt again.
Leahnette Rivers said the Street Committee recently discussed the idea of extending Fifth Street through to "G" Street.
Edward Pack said he rides a motorcycle and the loose gravel on "G" Street makes it very sketchy. With regard to the City's planned purchase of a new police car and records management system, Mr. Pack said he is knowledgeable in wiring emergency vehicles and he would be willing to donate his time and his shop to assist with that. Mr. Pack said according to City ordinances, he appears to be responsible for maintaining his half of the undeveloped right-of-way adjacent to his home. He said in the case of Fifth Street, the area is very steep and his share is 40 feet by 120 feet. He said it is dangerous and time consuming for him to weed eat it. He said he has already slipped and fallen a couple of times, and was nearly ran over by his lawn mower. He said he maintains the area between his property and the developed portion of "G" Street, and he can do it safely and it is tolerable. However, he expressed concern about the requirement to maintain the large section of undeveloped Fifth Street right-of-way.
Mayor Young said in the older parts of town we have undeveloped alleys, and the homeowners are required to maintain those as well.
Edward Pack said he should not be required to maintain property that he does not own.
Harold Olsen explained that the City doesn't own the right-of-way areas. Instead, he said they are dedicated to the public. He said the City has adopted an ordinance requiring the adjoining property owners to maintain those areas because the City doesn't have the ability to maintain those areas. He said a similar ordinance can be found in nearly every city.
Stephanie Reed of Columbia City said this slope is a concern. She said the slope is dangerous, and the area is very large. She said she can understand a requirement to maintain an area of reasonable size, but this area is excessive. She said there are extenuating circumstances, and she has a problem with the requirement.
Leahnette Rivers said there are several undeveloped, steep right-of-way areas around town. She said many citizens spray the weeds at the beginning of the year to avoid mowing and weed eating. She said citizens can also request permission from the City to build a retaining wall within the right-of-way to reduce the slope.
Edward Pack suggested the Council place this matter on the agenda for further review.
Dave and Oneata Bundy and Tom and Kelly Davis spoke to the Council about the possibility of vacating a portion of the "K" Street right-of-way between Fourth Street and Third Place. Dave Bundy said they would like to vacate the first 100' section of "K" Street right-of-way at Fourth Street, which they have maintained for many years.
Tom Davis said their house and the Bundy's house are each located on opposite sides of this section of right-of-way, and they have been sharing the maintenance of the area for years. He said the slopes are steep, and they don't want this street to be developed when the homes begin developing along Third Street behind them.
Kelly Davis expressed concern about this section of "K" Street being developed. She said the septic tank is located within the right-of-way.
Mayor Young suggested the Council take a look at the site and discuss this at the next meeting, which is scheduled for June 1, 2006. Mayor Young introduced young James Bundy to the Council and members of the audience, and explained that he is the grandson of James Bundy, our prior Public Works Superintendent.
AGENDA ITEM 4 COUNCIL REPORTS:
4.1 Parks Committee: Chair Schroeder said the Riverside Cleanup Event is scheduled for this Saturday from 9 a.m. to 1 p.m. and volunteers are asked to meet at Datis Park.
4.2 Water Source and Development Committee: Leahnette Rivers said the pre-construction meeting with the well driller is scheduled for 10 a.m. on Thursday, May 25.
Micah Olson said the well driller should be mobilizing on Tuesday, May 30.
4.3 Streets Committee: Mayor Young said the bridge project is moving along, and they are working on plans for bridge dedication ceremony.
Leahnette Rivers said the bridge contractors would like to know the name of the blonde lady with a red car who delivered delicious cold strawberry sodas to them today. She said they don't know who she was, but they would like to thank her.
4.4 Sewer Committee: No report.
4.5 Library Committee: Leahnette Rivers said there is some concern about whether or not the United Koffee Shoppe will be reopening. She said the Friends of the Library did really well during their recent used book sale. She said the Library could still use additional volunteers on Saturdays.
4.6 Other reports: None.
AGENDA ITEM 5 CONSENT AGENDA:
5.1 Approval of the Financial Reports for the period ending April 30, 2006.
5.2 Approval of the Bills Paid for the month of April 2006.
5.3 Approval of the Minutes of the Regular City Council Meeting of April 6, 2006.
5.4 Approval of the Minutes of the Regular City Council Meeting of April 20, 2006.
5.5 Written report from the Chief of Police.
5.6 Written report from the Public Works Superintendent.
5.7 Written report from the City Administrator/Recorder.
MOVED (GUY), SECONDED (HUDSON) AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE TO APPROVE THE CONSENT AGENDA.
AGENDA ITEM 6 UNFINISHED BUSINESS:
None.
AGENDA ITEM 7 NEW BUSINESS:
7.1 Appointment: Appointment of Municipal Judge and Municipal Judge Pro-Tem for the City of Columbia City.
Mayor Young said Don Jimmerson graciously stepped up to the plate on an interim basis when we needed to appoint a new Municipal Judge, and he has done a fine job. She said the six-month trial basis is coming to an end, and we have since had other folks come forward and express an interest in serving as Municipal Judge. She said she has interviewed three candidates for the position - Don Jimmerson, Wally Thompson, and David Herr. She said she invited Leahnette Rivers and Linda Guy to sit in during the interviews. She said they came to a consensus that Wally Thompson would be the best fit for the City as Municipal Judge. She said his demeanor and personality seem very fitting for a judge, and he seems fair-minded and judicial. She said just a few years have lapsed since he last served as a Municipal Judge. Mayor Young recommended Wally Thompson be appointed as Municipal Judge, and that the appointment be reviewed in January 2008. She said she would like his appointment to begin on June 1, 2006.
Councilor Guy suggested we shorten the review period to six months.
Mayor Young was agreeable to a six-month review.
Mayor Young said she would like to retain Don Jimmerson as the City's Judge Pro-Tem.
Councilor Hudson said he wanted it made very clear that the position of Municipal Judge is an appointed position, that it is an at-will position, and that there are no property rights to the position. He said the Municipal Judge serves in the position at the will of the Mayor with the consent of the Council and it is a very unique position.
Mayor Young said that it will be made very clear that the six-month appointment may be terminated at any time without cause.
MOVED (HUDSON), SECONDED (SCHROEDER) AND CARRIED UNANIMOUSLY TO APPROVE THE APPOINTMENT OF WALLY THOMPSON AS THE MUNICIPAL JUDGE FOR A PERIOD OF SIX-MONTHS EFFECTIVE JUNE 1, 2006.
MOVED (GUY), SECONDED (HUDSON) AND CARRIED UNANIMOUSLY TO RELEASE DON JIMMERSON FROM THE POSITION OF MUNICIPAL JUDGE EFFECTIVE MAY 31, 2006, AND APPOINT HIM TO THE POSITION OF JUDGE PRO-TEM.
7.2 Purchase Authorization: Police Department request to purchase a Police Car and Records Management System.
The Council reviewed an e-mailed memo from Officer Mansheim dated May 16, 2006. In the e-mail, Officer Mansheim explained that the Police Department recently sent out requests for bids on a new 2007 Crown Victoria, and of the 5 vendors sent the request, 4 replied as follows (includes delivery):
He said they would like to purchase additional equipment not included in the base bid for approximately $600. He said the order will be placed after Council approval is received, and the car will be delivered and invoiced during the 2006/07 budget year.
In addition, Officer Mansheim requested permission to order the Crimestar Records Management System in the amount of $2,400, with an annual support fee of $250. He said if the purchase is approved, we will not be invoiced for the software until the 2006/07 budget year.
MOVED (SCHROEDER), SECONDED (HUDSON) AND CARRIED UNANIMOUSLY TO AUTHORIZE THE PURCHASE OF THE POLICE CAR FROM TEXOMA FORD FOR AN AMOUNT NOT TO EXCEED $27,400 AND THE RECORDS MANAGEMENT SYSTEM IN THE AMOUNT OF $2,650.
7.3 First reading of Council Bill No. 06-402: An Ordinance amending Ordinance No. 03-586-O, the Columbia City Development Code.
The Council completed the first reading of Council Bill No. 06-402.
7.4 First reading of Council Bill No. 06-403: An Ordinance amending the Comprehensive Plan for the City of Columbia City, Oregon, as adopted by Ordinance No. 03-585-O, and correcting an error on the Comprehensive Plan/Zoning Map.
The Council completed the first reading of Council Bill No. 06-403.
7.5 Nuisance Declarations: Action by City Council to cause the nuisances on Tax Lot 5128-042-03401 and Tax Lot 5128-042-03301 to be abated by the City.
Leahnette Rivers asked the Council to not take any action on the abatement of Tax Lot 5128-042-03401 because the property recently sold and the new owner plans to cut the weeds as soon as they take possession.
Leahnette Rivers asked the Council to declare the tall weeds on Tax Lot 5128-042-03301 a nuisance and cause the abatement of the weeds by the Public Works staff. She provided the Council with pictures of the weeds.
MOVED (HUDSON), SECONDED (DDGUY) AND CARRIED UNANIMOUSLY TO CAUSE THE NUISANCE ON TAX LOT 5128-042-03301 TO BE ABATED.
AGENDA ITEM 8 OTHER BUSINESS:
Stop sign request - "F" Street: Micah Olson said Officer Popham has requested a stop sign be placed on "F" Street at Second Street for westbound traffic. He said there is currently a yield sign for eastbound traffic on "F" Street at Second Street. He questioned whether or not stop signs or yield signs should be placed on both sides of the intersection.
Chief Reedy said one additional yield sign would be the least costly option and should be sufficient.
Stop sign request - "D" Street: Micah Olson also said he has received a request to install a stop sign on "D" Street at Sixth Street.
Leahnette Rivers said it is very difficult to see onto Sixth
Street as you leave
"D" Street, and a yield sign would not be appropriate
for this intersection.
It was the consensus of the Council that a stop sign be placed on "D" Street at Sixth Street.
Public Works update: Micah Olson said they have been busy preparing the site for the well project. He said they recently completed the main line flushing. He said they will be working with the fire department to flow test all of the hydrants in the City. He said they have just received the test results from the geotechnical report, and they made a few changes to the retaining wall design as a result of the report. He said they plan to work on bringing in dirt and compacting the dirt in preparation for the well drilling.
Request for water: Leahnette Rivers said Norm and Barbara Jones own a home on The Strand, and they own a shop across the street from their home. She said they used to own the house next to the shop, and then they sold the house and retained the shop and moved across the street. She said they "borrow" water from their neighbor for the shop building, but they would like to either get a new water service for the shop, or extend water from their existing service at their new house across the street to the shop.
Micah Olson said extending the current service across the street would not work because we would have a private waterline in the City's right-of-way. The Council suggested that a separate meter is the only option, and wondered if City ordinances would allow water service for a shop building.
Leahnette Rivers questioned whether or not a system development charge would apply to an existing shop without new construction. She noted that a shop would not be a permitted use on a vacant piece of residential property. She said a garage or shop can only be constructed if a primary dwelling exists, and that regulation was in effect when they separated the house from the shop.
Harold Olsen questioned whether or not we are required to serve an "empty" lot. He said this is a non-conforming use and is not a use that would normally be served.
The Council continued to discuss this matter at length with staff. Leahnette Rivers will review the ordinances again and report back to the Council.
Fifth Street extension: Councilor Hudson asked if we would be able to use system development charges for the extension of Fifth Street.
Leahnette Rivers said she does not think that project is identified in our capital plan, and we would probably need to amend the capital plan in order to use system development charge revenues.
Councilor Hudson suggested we could block the "G" Street intersection on Highway 30 if we extended Fifth Street, which should eliminate through traffic.
Congratulations: Mayor Young congratulated Gerald Martin and Sue Joe, who have announced they will marry on July 8, 2006.
Fee waiver request: The Council reviewed a letter dated June 12, 2006, from Roger Kadell, Columbia County Animal Control Officer, requesting free use of the Community Hall on Saturday, June 17, 2006, from 9 a.m. to 3 p.m. for a dog licensing clinic.
MOVED (SCHROEDER), SECONDED (GUY) AND CARRIED UNANIMOUSLY TO GRANT FREE USE OF THE COMMUNITY HALL TO THE COLUMBIA COUNTY ANIMAL CONTROL ON SATURDAY, JUNE 17, 2006, FROM 9 AM TO 3 PM.
CEPA Expo: The Council reviewed a letter dated April 1, 2006, from Jim Huff requesting sponsorship of the Columbia Emergency Planning Association (CEPA) Expo at the Columbia County Fairgrounds scheduled for July 18 to 23, 2006.
MOVED (HUDSON), SECONDED (SCHROEDER) AND CARRIED UNANIMOUSLY TO PARTICIPATE AS A SILVER LEVEL SPONSOR OF THE CEPA EXPO 2006 EVENT, WHICH WILL COST $250.
Employee benefits: Leahnette Rivers said the eligible employees recently met to evaluate our insurance benefits and benefit options. She said our monthly medical, dental and vision insurance costs will go down this year by approximately $15.00 for a couple and $20.00 for a family. She said the employees would like to delete well baby coverage from our current plan, and delete physical exam coverage. She said this will reduce the monthly insurance costs by another $17.38 for a couple and $38.57 for a family. In exchange, the employees would like to add the ortho option and increase the VEBA contribution by $15.00. This would increase the monthly costs by $17.74 for a couple, and $29.47 for a family, which will still leave some additional cost savings to the City. She said the City will save $1,075.92 per year without the requested changes, and will save $1,394.88 per year if the requested changes are approved. She said the employees have worked hard to educate themselves about the optional insurance coverages, to select coverages that best meet the needs of the insured group, and to select the most cost-effective and worthwhile coverages. She said in some cases it makes more sense to put the money that would be spent on premiums into a VEBA account rather than to provide the coverage, and let the employee self-insure to some extent. For example, she said the employees determined that the premiums for the physical exam coverage exceeded the maximum benefits of the coverage.
MOVED (SCHROEDER), SECONDED (HUDSON) AND CARRIED UNANIMOUSLY TO APPROVE THE REQUESTED CHANGES TO THE INSURANCE COVERAGE AND VEBA CONTRIBUTIONS.
Leahnette Rivers also asked that the Council amend the existing coverage to offer long- term care insurance and $5,000 dependent life insurance, both of which would be optional and at the full expense of the employees.
MOVED (SCHROEDER), SECONDED (HUDSON) AND CARRIED UNANIMOUSLY TO APPROVE THE ADDITION OF LONG-TERM CARE INSURANCE AND $5,000 DEPENDENT LIFE INSURANCE OPTIONS AT THE EXPENSE OF THE EMPLOYEES.
AGENDA ITEM 7 NEW BUSINESS (CONTINUED):
7.6 Executive Session: The Council met in Executive Session to conduct deliberations with persons designated by the governing body to negotiate real estate transactions pursuant to ORS 192.660(2)(e); to consider records that are exempt from public inspection pursuant to ORS 192.660(2)(f); and to consult with legal council about litigation likely to be filed pursuant to ORS 192.660(2)(h).
The Council convened in Executive Session.
The Council reconvened in Open Session.
AGENDA ITEM 9 ADJOURNMENT:
There being no further business to come before the Council, the meeting adjourned at 9:50 p.m.