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9-14-2016 Council Minutes

Wednesday, September 14, 2016
7:00 P.M.

1. CALL TO ORDER: Roll Call

The meeting was called to order by Mayor Terp at 7:00PM

Present: Mayor Terp and Councilors Weinstein, Gilmore, Echauri and Disbrow
Excused Absence: Superintendent Howard and Chief Graven
Staff present: City Recorder Gilmore

Jason Yates of Yamhill, notified the City Council that he had filed a formal complaint
with the Secretary of State’s office, the Yamhill County Clerk’s Office and the City
Recorder’s Office regarding a Candidate Filing Application that he claimed he filed but
was not received by Yamhill City’s staff. Yates noted that the complaint request had
been denied by all three recipients, and reported that he will be pursuing all fights to
have his name placed on the November 8, 2016 ballot for one of the two open City Councilor positons. Mayor Terp stated in a follow-up that the application received by City Staff on August 29, 2016 was well past the City of Yamhill’s August 25, 2016 published deadline and therefore disqualified him from running as a City Ticket candidate.

Angela Howard of Yamhill indicated that she had produced a City of Yamhill business directory that she handed out during the City’s annual Derby Days event in July and would like to produce a City Newsletter or Newspaper. Mayor Terp reported that the City Council would not need to approve such a request and Howard is free to write and distribute a local paper if she’d like to.

A. Small business economics discussion, Tanea Storme- Bella Luna

Larry Heesacker of A-1 Logging, Inc., and Dr. Barbra Kahl both of Yamhill were also scheduled to attend to discuss local small business economics and possibly starting a Yamhill Chamber of Commerce. It was noted that Storme and Kahl were not in attendance. Heesacker stated that he had planned to only listen to tonight’s discussion and would not be speaking. Terp stated that she hoped the topic can be scheduled for a future Council Meeting.

A. Discuss finalizing the decommissioning of the ball fields at Jane
Heinrich Park.

This discussion was tabled from the August 10, 2016 Council meeting in order to give the Council and staff more time to locate interested parties.
Councilor Echauri indicated that she has not been able to locate anyone at the Schools who had an interest in using the ball fields or has contacts of who initially did the volunteer work on the ball fields. Terp reported that she recently was asked to speak to a Junior Girl scout troop and was asked if the City might have a community project that the troupe could do to obtain their bronze award. A community garden was suggested and the troop was very interested and excited for the possibility of using a portion of the Jane Heinrich Park.

Councilor Disbrow made a motion, Echauri seconded, that Council direct the Public Works Superintendent to develop a strategy, a plan, cost estimate, and timeline for the decommissioning, deconstruction, disposition, and restoration of the two ball fields in Jane Heinrich Park. Recommended a completion date of December 2017, or sooner, with a plan to be presented to the council at November 2016 council meeting. This motion is in no way intended to dissolve Jane Heinrich Park, but to remove the ball fields and allow the city the option of redefining the Park. This plan can be held in abeyance, should any organization come forward expressing a genuine interest in upgrading, maintaining, and managing the existing fields.

Roll call: Ayes: Weinstein, Disbrow, Terp, Gilmore and Echauri
Nays: None

The motion carried.

B. Discuss a Mutual Aid and Assistance Program through the Oregon
Water/Wastewater Agency Response Network (ORWARN).

The discussion to enter into a Mutual Aid and Assistance Program with ORWARN was tabled from the August 10, 2016 Council Meeting and was previously discussed during a Council Meeting in January of 2015.

Disbrow made motion, Echauri seconded to approve entering into a Mutual Aid and Assistance Program agreement with ORWARN and authorizing Mayor Terp to sign the agreement.

Roll call: Ayes: Weinstein, Disbrow, Terp, Gilmore and Echauri
Nays: None

The motion carried.


A. None Scheduled

A. None Scheduled

A. Consider approving citizen’s request to donate a tree and plaque to be
placed at Beulah Park in memory of Patrick White.

Terp reported that she had been contacted by Sue White and that the request was to plant a tree near the basketball court at Beulah Park and place a plaque in memory of Patrick at that location.

Weinstein made motion, Echauri seconded to approve Patrick White’s family’s request to place a memorial in Beulah Park.

Roll call: Ayes: Weinstein, Disbrow, Terp, Gilmore and Echauri
Nays: None

The motion carried.

B. Consider citizens request to purchase City property adjacent to 223 N.
Balm Street, tax lot 9502.

John Hermens, owner of the property at 223 N. Balm Street would like to purchase Tax Lot 9502 from the City. The property is a small strip of land that is outside the city limits and UGB but is owned by the City of Yamhill. Hermens reported tax lot 9502 is in front of the driveway for 223 N. Balm and the driveway only accesses that property. Hermens would like to purchase the lot and maintain it, which he understands would include doing a lot line adjustment.
Council directed the City Recorder to request a legal opinion from our City Attorney and get a written estimated cost for the process and outline the required steps that would be necessary. Council’s consensus is to table any decision or further discussion until the October Council Meeting. It was advised that Council visit the site prior to the October meeting.

C. Discuss residents complaint regarding a County resident who controls the
City easement adjacent to property.

Phil Weddington of Yamhill reported he has a complaint about a County resident who lives near his property that should not have authority to stop people from parking in the parking and driving area of the north side of East Buttercup that is adjacent to the County residents property. Weddington reported the County Resident has verbally told people they cannot park there. It was noted that the County resident has a permit from the city that allowed him to improve the right-of-way next to his property only out to the curb line, but the area outside of the curb line is the City’s parking and driving path and County resident has no authority to prevent any parking in this area. Weddington is requesting for a written letter to the County resident to remind him that the easement area of E. Buttercup is not private property. Terp stated that Council would direct Chief Graven to visit the site and personally have a talk with County Resident and notify them that they have no authority and cannot prevent parking in this area.

D. Consider All Hands Consulting Contract for $17,500.00 and authorize
Mayor Terp to execute contract. (State Homeland Security Grant has
awarded the City of Yamhill $17,500.00 for the project)

Disbrow questioned if the Grant Agreement had been received to date from State Homeland Security, as the grant award letter stated not to obligate any funds for this project until such time as a grant agreement has been received. The grant award letter anticipated releasing grant agreements on or before October 1, 2016.

Disbrow made motion, seconded by Echauri to accept and approve the All Hands Consulting Contract and authorize Mayor Terp to execute contract after the Grant Agreement is received from State Homeland Security.

Roll call: Ayes: Weinstein, Disbrow, Terp, Gilmore and Echauri
Nays: None

The motion carried.

E. Consider approving Deferral Agreement and Waiver-of-Right-to-
Remonstrance for 215 N. Maple Street and authorize Attorney Gowell to
execute agreement.

The current residential building permit for construction improvements to the parcel at 215 N. Maple Street requires installation of sidewalks. The owner has requested that such improvements be granted a hardship consideration deferral until such time as the City schedules street improvements in the areas on N. Maple Street and or E. Azalea Streets. The deferral requires payment for the improvements by the owners of the parcel at such time that the City orders the installation of the improvements.

Echauri made motion, Gilmore seconded to approve deferral agreement and remonstrance for 215 N. Maple Street and authorize Attorney Gowell to execute agreement.

Roll call: Ayes: Weinstein, Disbrow, Terp, Gilmore and Echauri
Nays: None

The motion carried.
F. Consider Resolution No. R-736, a resolution of the City Council of the City of Yamhill, Oregon approving and authorizing Mayor Terp signing the
execution of a Municipal Lease agreement with Financial Pacific Leasing.

It was noted that the Municipal Lease Agreement is for the 2016 Dodge Charger Police Vehicle budgeted for in the 2016/2017 Fiscal Year.

Motion by Echauri, seconded by Gilmore, to adopt Resolution R-736, a resolution of the City Council of the City of Yamhill, Oregon approving and authorizing Mayor Terp signing the execution of a Municipal Lease agreement with Financial Pacific Leasing.

Roll call: Ayes: Weinstein, Disbrow, Terp, Echauri and Gilmore
Nays: None

The motion carried.


A. Approve Council Minutes
(1) Regular Session August 10, 2016
B. Financial Statements
C. Approve the following Purchase Order:
(1) PO # 17-012 – OreVac West Inc. - $2,212.50 – Sludge removal at
water plant.
(2) PO # 17-017 – OreVac West Inc. - $2,500.00 – Sludge removal from
the secondary backwash basin.

Motion by Echauri, seconded by Weinstein to approve the Consent Agenda as presented.

Roll call: Ayes: Weinstein, Disbrow, Terp, Gilmore and Echauri
Nays: None

The motion carried.

A. Police Review– Graven – Monthly report in packets
Graven was not in attendance but had provided a report of August Police calls.

B. Public Works Review – Superintendent Howard – Memo in packets.
Howard was not in attendance but had provided a Staff Report.
(1) Discuss Fire Flow requirements.
Howard included a fire flow calculation report for information only.

C. Mayor/Administration Review-
Terp reported that a complaint had been received from a resident on E. Second Street regarding a resident at 490 N. Maple Street who has two mini horses. The complainant does not live near Maple Street and filed the complaint due to the knowledge that the City’s Ordinance does not permit keeping horses in a residential area unless the total minimum area is 25,000 square feet per each animal. It was noted that no residents near the location have complained and that the mini horses have resided at that location for over seven years. It was also noted that the City of Yamhill’s current Municipal Codes do not reference animals that are considered “Mini”. Terp stated that the complaint should be referred to the Planning Commission for an interpretation of the code for mini horses, and to consider if the current codes need to be revised or updated. Terp questioned the Council for a consensus if the complaint should not be referred to the Planning Commission and that the “horse” Ordinance be enforced. Council’s consensus is to have the Planning Commission review the complaint and consider allowing the filing of a conditional use permit requesting to retain the mini horses at this property, which would require a public hearing and a vote by the Planning Commission.

Terp was in receipt of a request to sign a proclamation to proclaim the week of September 26, 2016 through October 2, 2016 “Diaper Need Awareness Week”. Council consensus was to approve the Mayor signing the proclamation.

D. Council Review
None Received.

E. Emergency Preparedness Review
Councilor Disbrow reported that the purchases of three dual band J-Pole antennas have been received and two will be installed at the Fire Station and one portable antenna will be installed at City Hall.
The purchase of the ham radio antennas were approved at the EOC workgroup meeting on September 23, 2016, and will help back-up emergency radio communications.

Several residents were in attendance because they had heard that there would be an Agenda item discussing derelict homes or enforcing City Ordinances regarding property owner’s maintenance of their homes. Those in attendance expressed many complaints including garbage in front yards, dogs running at large, cars parked on sidewalks and a resident running an automotive business that leaves tires and car parts all over property. Terp stated that the City does “complaint driven” code enforcement and that a formal complaint can be filed with Staff at City Hall.
Disbrow reported that the Yamhill Planning Commission will be discussing Nuisance and abatement issues on Tuesday, September 20, 2016 and it may be beneficial for residents to attend to express their concerns.

A. Vacancies: Planning Commission – 1 member
Budget Committee - 2 members
Applications are available at City Hall


Motion by Echauri that the meeting adjourn at 8:15 pm.
The motion carried by unanimous vote.

Respectfully submitted,

Paula Terp
Mayor, City of Yamhill

Lori Gilmore, City Recorder

Tuesday, September 20, 2016 - 10:30am

Yamhill City Hall

205 S Maple Street
PO Box 9
Yamhill OR 97148

Open Mon - Fri,
8:00am - 5:00pm

(503) 662-3511

(503) 662-4589 Fax

Upcoming Events

Wednesday, November 8, 2017 - 7:00pm

The next Council Meeting is at Yamhill City Hall, Wednesday,  November 8, 2017.  Starts at 7:00 pm

Tuesday, December 5, 2017 - 7:00pm

Planning Commission Meeting/Public hearing is at Yamhill City Hall Tuesday,  December 5, 2017 starts at 7:00pm.