--- date: "2003-07-23" title: "Council Meeting Minutes 2003-07-23" source: "2003-07-23-minutes-council-monthly.pdf" --- CITY COUNCIL MEETING July 23, 2003 Attended: Lance Delgado, Mayor Karen Jacobs, Councilor Anna Bass, Councilor Roger McKinley, Councilor Jim Hamsher, Councilor Diane Clingman, City Recorder Dave Welch, Chief of Police Sarolta Sperry Debbie Letosky Judy Jacobs Joe Hitz Dean Hicks Barbara Hicks Jeff Shervey Laura Van Newkirk Gene Van Newkirk Mayor Delgado called the meeting to order at 6:05 p.m. The roll was called, Marvin Casebeer being absent. The pledge of allegiance was recited. The Council addressed the employee’s request for waiver of their sewer fees in lieu of a raise. Anna Bass cited a reduction in cash carry-forward, higher personal services and materials and services costs, and needed repairs to the collection system as reasons against granting the request. She did note that sewer revenues came in higher than predicted for 2002-2003 and it was pointed out that the reason for the reduction in cash carry-forward was due to the accumulation of revenues for the sewer project and the resulting use of those funds as planned. The Council members had a handout comparing the cost of the sewer fees ($2,160) per year versus the cost of a .014 raise (which is what the $2,160 is equivalent to) demonstrating that a less than 1.5% raise would cost the City more. Jim Hamsher said $360 per employee per year was not very much to show appreciation. Discussion followed about whether or not the waiver of fees would be ongoing or just for this fiscal year. MSP: To grant the employees a waiver of their sewer fees for the fiscal year, Jim Hamsher/Roger McKinley. Anna Bass opposed, Mayor Delgado did not vote. Mayor Delgado recognized Debbie Letosky. She said she had been researching how to get signage for the new restroom. She said the State will provide signs on Highway 26 up to 5 miles in either direction from the City. In order to avoid paying an annual fee for the signs, the restroom must be open 24 hours a day, 7 days a week Signs will also be Minutes July 23, 2003 placed at the intersection of Front and Bridge Streets. She said the State will send a letter when they have determined the location of the signs. Letosky addressed the Council regarding the GPCCA/Prairie City booth at the county fair and asked for volunteers to work shifts. In other business she said the 4th of July Celebration went well although somewhat spread out. She also said the County had accepted the $24K in grant funds from Meyer Memorial Trust for restoration of the depot building and that she had applied for 3 additional grants. In regard to the ADA requirements, she said the City had previously committed to providing the labor and the county will provide the materials. 6:35 p.m. The minutes of the March 12, 2003 and June 25, 2003 meetings were considered. One correction was noted on page 2, line 25 of the June 25 minutes; should be $33K not $33. MSP: To approve the minutes of the March 12, 2003 meeting as written and the June 25, 2003 minutes as corrected, Anna Bass/Roger McKinley. Planning: No Report Public Safety: Chief Welch reported that one of the patrol cars had been totaled in an accident on July 4 and needs to be replaced. He noted that there is not enough money in the reserve fund to buy a 4WD as previously planned but said he had located a company that sells reconditioned police vehicles in the $13,000 price range. He said Financial Consultants International refurbishes cars and has 1999 & 2000 Crown Victorias with 2 year 24,000 mile warranties. Discussion followed regarding the other options he had presented at the last meeting. MSP: To pursue purchase of a replacement vehicle with the 24,000 mile warranty from FCI, Jim Hamsher/Karen Jacobs. Abatement: Chief Welch was asked to present information regarding the investigation of complaints about Dean & Barbara Hicks’ fence and placement of trailer. Utilizing a diagram of the property on the chalkboard, he reported that he had measured various parts of the fence and that it exceeds height requirements in all but one portion. It was noted that the intersections are wide enough to exempt the fence from the clear-vision requirement. He noted that weeds and grass have been allowed to grow almost as high as the fence along one portion (that being closest to the complainant) but questioned who has the responsibility of keeping vegetation cut down – the City or the property owner? He also noted (as per the complaint) that a trailer was parked in the corner of the yard creating an obstruction and that it was higher than the fence. It was noted that the next step for the Council to take is to determine whether or not the height of the fence and the positioning of the trailer constitute violations of City Ordinances. Discussion followed regarding the common fence between the two properties. It was determined that the fence is 5 feet in height but could be 6 feet according to the Zoning Document, although it was noted that this portion of the fence was not included in the complaint. It was pointed out that the Zoning Document allows for 4 foot fences in street side yards and that 3 sides of the Hicks’ property are street sides. Regarding the trailer, Chief Welch said it was up to the council to determine. Mrs. Minutes July 23, 2003 Hicks asked the Council when the Zoning Document went into effect and about the fence being grand-fathered in. The Mayor pointed out that a new fence was constructed and would therefore be regulated by the current rules. He told her she would have an opportunity to address the issue in a future step in the procedure. He asked if the Council was ready to make a decision and determine whether or not the fence and or the trailer are in violation of ordinances. Laura VanNewkirk asked to be recognized. Mayor Delgado reminded her that she had already filed a complaint and that they will have an opportunity to address it later in the process as well. He said that if she had a new additional complaint she would have to submit it in writing it at a future meeting. He asked if she wanted to withdraw the complaint and re-submit it. She said no. He asked that the Council be given time to consider the information. Mayor Delgado asked that the complaints be addressed separately. He asked for a motion regarding the fence and whether or not the Council deemed it to be in violation. The question was raised as to the entire fence being out of compliance versus the portion that is allegedly obstructing the neighbor’s view – should the entire fence be addressed or only a portion? Jim Hamsher questioned why the fence between the properties (which is not out of compliance) does not hinder the complainant’s vision. Mayor Delgado reminded him that that portion of the fence was not included in the complaint. Chief Welch said he was under the impression he was to check the height of the newly built fence and asked if the Council was going to abide by the Zoning Document or make an exception. Anna Bass made a motion to go forward with the next step to provide written notice to the owners that they are in noncompliance with section 4.230 Fences on the 3 city street side yards. Roger McKinley asked what the complaint was about and whether or not there is a complaint about the other 2 sides. There was discussion about only addressing one section of fence even though the other sections are out of compliance. There was no second. Upon review of the written complaint, it was noted that the entire fence was addressed as a problem. Laura VanNewkirk said the complaint could be changed. Mayor Delgado said it depended on what she would like but that she would have to withdraw the complaint and submit it at another meeting. She said she didn’t think they understood what she meant and that she would like to explain. Mayor Delgado again asked if she would like to withdraw her complaint and change it or not. He said he did not want the meeting to turn into a big discussion and argument, but told her she could go ahead. She explained that they could see down the street when it was a wire fence and now that the fence is of wood and too high she can’t see along Bridge and the corner of Bridge & 12th. She said she didn’t have a problem with the McCallum Street fence but just included it in the complaint. Anna Bass made a motion that the City Recorder provide written notice to the owners of the property we received a complaint on, on the 3 city street side yards that are in excess of section 4.230 fences. Jim said he was not in favor of the motion because there’s not a problem with McCallum. Mayor Delgado noted that the complainant didn’t want to modify the complaint. Roger McKinley seconded the motion. Karen, Anna & Roger voted in favor, Jim Hamsher opposed. The complaint about the trailer was addressed and that it would fall under “unenumerated nuisances.” (That section was read aloud and explained, i.e., that if the specific problem Minutes July 23, 2003 is not preciously mentioned but creates a problem it can be abated as well.) Officer Welch said there is a safety issue because the placement of the trailer blocks the complainant’s vision from her driveway. He again brought up the problem of the weeds in the right of way as well. Jim again brought up the fence between the properties as his idea of the problem. It was mentioned that the VanNewkirk’s also have trailers parked on their side of the fence. Mayor asked the Council to make a decision on whether or not the placement of the trailer constitutes a violation of the ordinance. MSP: To direct the City Recorder to provide written notice to the owners of the trailer that we’ve received the complaint on that it is in violation of 8.04.120 unenumerated nuisances, Anna Bass/Karen Jacobs. Jim Hamsher opposed. Mayor Delgado read the section of the ordinance to clarify the next step, that being the writing of the letters and that the owners can respond in writing within 10 days. Barbara Hicks asked where on their property they should put the trailer. They were advised to move the trailer enough to remove the obstruction of vision or to park it even with the VanNewkirk’s trailers (let common sense prevail.) The Hick’s left a written explanation and photos. The question of abatement of the Bailey property was brought up. The Council said they were still waiting for a written complaint. Mayor Delgado said he would look into it. 8:00 p.m. Landfill: No report. It was determined that Chris Camarena is running the landfill while Bob Titus is on vacation. Public Works: Joe Hitz reported to the Council that one bid had been received on the well drilling project. James Neal put in a bid for $32,800 for schedule A items. Hitz said he had extended the advertising time to allow for more bids, but none were received. He also said it will be up to the City to determine the actual location of the test well. MSP: To accept the bid from Jim Neal contingent upon the City determining the site, Roger McKinley/Jim Hamsher. Accounts Payable: The Council was presented with the current accounts payable and payables already paid earlier in the month (not approved prior because no meeting was held.) MSP: To approve bills paid prior and bills presented, Anna Bass/Roger McKinley. Office: The Recorder reminded the Council to schedule a workshop with Jess Holt of Anderson Perry & Associates to discuss potential (alternative) sites for the sand filtration facility. It was decided the workshop could be held the following Tuesday, Wednesday or Thursday afternoon. The Recorder said she would check with the engineer and coordinate with Council members to determine a time. There was discussion about whether or not the City had chosen someone to work with the Forest Service regarding the potential move from Prairie City. It was generally agreed that it should be someone from Council if possible but if not a citizen could do it. It was decided that Roger McKinley or Mark and Sandy Murray could be possibilities. Minutes July 23, 2003 8:30 p.m. Mayor Delgado announced that the Council would now meet in executive session for the purpose of addressing a complaint against a public employee and personnel issues pursuant to ORS 192.660(1)(b). 9:07 p.m. The regular meeting was resumed. Mayor Delgado said the Council would follow the process in the Personnel Policy in addressing the complaint made against Bob Titus. He said Titus would receive a reprimand with a corresponding letter put in his personnel file. Mayor Delgado said he would conduct the conference with Titus. He also said he had already asked the Recorder to look into supervisory training for Titus and recommended the Council to go ahead and find job descriptions through the League of Oregon Cities. The Recorder said she did not feel she should be in charge of finding training for Titus, given the situation, but if anything came across her desk she would pass it on to the Council. Mayor Delgado asked if everyone was in agreement that Titus be sent to supervisory/conflict resolution/appropriate training. It was agreed and also noted that anyone else interested in attending training sessions be encouraged. Anna Bass said it should be documented whenever Titus attends a training, i.e., where, when, what. Mayor Delgado confirmed with the Council that they would put a letter in his (Bob’s) file regarding the complaint from the Hendricksons and require him to attend supervisory training. Karen Jacobs said she and Jim would finish the employee interviews soon. The City Recorder suggested the Council consider implementing a memo form of evaluation and outlined the basics. She was asked to find out more about the process. 9:15 p.m. It was moved and seconded to adjourn the meeting. Respectfully submitted: ___________________________ Diane Clingman, City Recorder Approved this Date: ________________ _________________________________ Lance M. Delgado, Mayor Minutes July 23, 2003