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10-12-2016 Council Minutes

Wednesday, October 12, 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 and Disbrow
Arrived Late: Councilor Weinstein (7:10pm)
Excused Absence: Councilor Echauri
Staff present: City Recorder Gilmore, Superintendent Howard and Chief Graven

None Received.

A. None Scheduled.

A. Consider property owners request to purchase City property located in the
County- tax lot 9502 adjacent to 223 N. Balm Street and authorize Mayor
Terp to sign Letter of Intent for Sale of Real Estate.

Council’s consensus was to table any decision from the September 14, 2016 City Council Meeting and to request a legal opinion from our City Attorney. Attorney Gowell provided a draft of a Letter of Intent, outlining the required steps necessary and estimated cost for the process. 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. Gowell stated that the process to sell property by a negotiated sale is a statutory process that can be initiated by starting with a Letter of Intent, and then publishing the fact that the City has a proposed sale, obtaining an appraisal for the property and hold a public hearing to determine if the public believes it is a fair or unfair sale. The City can proceed with the sale after following that process. It was determined that the sale should not be any expense to the City, and the buyer would be responsible for all costs. To initiate the process, the buyer needs to make a deposit to cover the upfront costs of an appraisal, survey, publications and any professional fees. There was discussion regarding a reasonable deposit amount necessary to cover City costs and any balance would be refunded to the buyer. The draft of the letter of intent requested a deposit of $5,000.00 from the buyer, but it was determined that the City Recorder should obtain a reasonable estimate for the appraisal, survey, publication costs and legal costs and adjust the deposit amount. Mr. Hermens will make a decision whether to move forward with the purchase process once the deposit amount has been determined.
It was noted by Howard that no utilities exist on this strip of property and the City would not ever utilize the area for any streets etc. Also discussed was if an easement would be necessary for the adjacent property owner to have access to their rear yard. Buyer was not opposed to having an easement if necessary.

Weinstein made motion, seconded by Gilmore to move forward with the Letter of Intent for sale and allow the City Recorder discretion in setting a reasonable deposit amount based upon appraisal and survey estimates.

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

The motion carried.


A. None Scheduled

A. None Scheduled

A. Discuss and review sample Ordinance from the City of Madras or the City of Sheridan to use as a model concerning derelict structures and abatement – referred from the Planning Commission.

Councilor Disbrow previously deferred this item to the Planning Commission, and requested that the Planning Commission discuss and review the process and return with their recommendations to the City Council. Planning Commission members; Chuck Mitchell; Ken Moore; Joe Padberg were in attendance. The Planning Commission reviewed the City of Madras’ sample Ordinance at their September Meeting and determined that the City of Yamhill would not be financially able to inforce such a comprehensive Ordinance. Gowell supplied a City of Sheridan Ordinance that addressed the problem of derelict and abandoned buildings in both Commercial and Residential areas within the City limits. Chief Graven stated that there have been issues regarding crimes in abandoned and vacant residential homes and very few in Commercial properties. Gowell stated that it can be a very gradual process and the City needs to budget for the enforcement costs. Gowell also noted that after an Ordinance is in effect, the enforcement begins with a building official inspecting properties that may be in violation. Terp stated that the City no longer has a building official on staff and the City would have to pay a County Building Official to do all inspections. Terp also stated that before any Ordinance of this type is considered, public comment and input would be necessary. Council consensus was to recommend a work session between City Planner, John Morgan, Yamhill Planning Commission, Attorney Walt Gowell and City Staff to discuss and draft an Ordinance specific to Yamhill and return to Council for review before moving forward with public input.

B. Accept Office of Emergency Management grant award in the amount
of $17,500.00 and authorize Mayor Terp to sign agreement.

Disbrow made motion, seconded by Weinstein to accept the Office of Emergency Management Grant award in the amount of $17,500.00 and authorize Mayor Terp to sign agreement.

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

The motion carried.

C. Accept proposed settlement agreement and release of claims for (Former) Yamhill Service Station, 210 S. Maple Street, Yamhill and authorize Mayor Terp to sign.

The History regarding this settlement is the former Yamhill station was an operating gas station from 1947 until 2006. In 1988, a petroleum leak was discovered that extended onto multiple properties to the south and west of the site. In 2006, a second significant leak occurred from an above-ground storage tank. The Pitfidos owned the station at the time of the 2006 leak and did not have insurance to cover the cleanup costs, and filed bankruptcy. In 2009, the DEQ expended more than $700,000 in cleanup activities that included soil removal, monitoring and assessing risks posed by the contamination. The DEQ cleanup did remove the existing source of the release and petroleum contamination was remediated to the extent that it met DEQ “Occupational” standards for risks to human health and the environment. DEQ proposed a settlement structure under which the Pitfidos would be required to sell the property, and the adjacent property owners, and DEQ would receive some reimbursement from the sale. The Pitfidos agreed to cooperate with DEQ’s suggested settlement structure.
Gowell reported that the settlement agreement and release of claims, grants the City of Yamhill the right of first refusal, which would grant the right to purchase the property in an amount equal to any bona fide offer made on the property. The City would have 14 business days to determine if they will exercise their right of first refusal, and if accepted the City would need to close on the purchase within 90 days.

Weinstein made motion, seconded by Gilmore to accept proposed settlement agreement and release of claims for Yamhill Service Station, 210 S. Maple Street, Yamhill and authorize Mayor Terp to sign the settlement agreement and the First Right of Refusal.

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

The motion carried.

D. Discuss and approve names on the new DEQ/EPA NPDES Duty Authorized Representative Form and authorize the Mayor to sign.

Superintendent Howard requested authorization to appoint two Duly Authorized Representatives for reporting information to the DEQ and EPA. The form is a new requirement and Howard would like to name himself and Bernie Malis as listed representatives, and it will require Mayor Terp’s signature. Council consensus is to approve the request and authorize Mayor Terp to sign.

E. Discuss and approve moving forward with the process to update the Water Master Plan.

Superintendent Howard reported that Gowell will need to draft a Request for Proposal and then move forward with requesting bids for the project. Howard would like Council’s approval to move forward with the process to update the Water Master Plan.

Weinstein made motion, seconded by Gilmore to approve moving forward with the process to update the Water Master Plan.

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

The motion carried.

F. Discuss and approve City Staff to move forward with the new NPDES Storm Water Permit requirements and policies.

Superintendent Howard reported that the Oregon Department of Environmental Quality adopted a plan that was approved by the EPA to reduce contaminates in storm water runoff. The DEQ plan calls for jurisdictions to implement a storm water management plan. Howard indicated that the Plan has not been budgeted for this Fiscal Year but would like to start the process early. Council’s consensus is to approve Howards request to begin the process of implementing a plan.

G. Discuss and approve Occupational Health Service Agreement and Authorize Mayor Terp to sign.

Recorder Gilmore reported that the agreement would be a contract with Willamette Valley Clinics Occupational Medicine in McMinnville to provide the City of Yamhill’s random drug screening and pre-employment drug screening.

Weinstein made motion, seconded by Gilmore and approve Occupational Health Service Agreement and authorize Mayor Terp to sign.

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

The motion carried.

A. Approve Council Minutes
(1) Regular Session September 14, 2016
B. Financial Statements
C. Approve the following Purchase Order:
(1) PO # 17-022 – Bainbridge Associates, Inc. - $7,025.00 – Flow Meter replacements.
(2) PO # 17-023 – Sealing Systems, Inc. - $2,346.50 – Materials for repairing manholes.

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

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

The motion carried.

A. Police Review– Graven – Monthly report in packets
Chief Graven reviewed Police business for September 2016 and provided a report of September calls. No questions followed.
Graven reported that the Police Department will be moving forward with the purchase of Surface-Pro computers to use as MDT’s (Mobile Data Terminal) in the Police Vehicles and replacing the older MDT’s. Graven stated that Yamhill County is also using the Surface-Pro in their Police Vehicles.
Graven also reported that he is currently re-writing a Memo-of-Understanding for an inter-agency pursuit policy and also will be signing an existing M.O.U. with Yamhill County Sheriff’s Office for a Law Enforcement Mutual Aid Agreement.

B. Public Works Review – Superintendent Howard – Memo in packets
Superintendent Howard provided his staff report included in packets. No questions followed. Howard reported that Bernie Malis has passed his level 1 wastewater treatment and collections certification.

C. Mayor/Administration Review-
Gilmore discussed scheduling the Annual Christmas Tree Lighting event. Council’s consensus is to schedule the event for Friday, December 9th at 6:pm.
Terp informed the Council that Gordon Zimmerman, a long time Yamhill resident had passed away at the age of 93, and Jeff Barlow, a Yamhill resident had also recently passed away.

D. Council Review
None Received.

E. Emergency Preparedness Review
Disbrow noted that there will be a meeting on Tuesday, October 18th through October 20th with All Hands Consulting. It will be a Work Session at the Yamhill Fire Station discussing Phase 2 of the City of Yamhill EOC Project.

A City County Dinner – Hosted by the City of Carlton – Thursday, October 27, 2016 at 6:00PM, Farmers’ Plate & Pantry.
B. City offices will be closed November 11, 2016 –to observe Veteran’s Day.
C. Candidate Certification for the November 8, 2016 General Election.
D. Vacancies: Planning Commission – 1 member
Budget Committee - 2 members
Applications are available at City Hall


Motion by Disbrow that the meeting adjourn at 8:45pm.
The motion carried by unanimous vote.

Respectfully submitted,

Paula Terp
Mayor, City of Yamhill

Lori Gilmore, City Recorder

Wednesday, October 19, 2016 - 11:15am

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.