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CANYONVILLE CITY COUNCIL

MEETING MINUTES

REGULAR SESSION 7:00 P.M.

Monday July 21, 2014

 

REGULAR SESSION

 

I.                          CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

 

Mayor Deaton called the meeting to order at 7:00 p.m. and all joined in the Pledge of Allegiance.

     

II.        ROLL CALL:

COUNCIL PRESENT:    Mayor Deaton, Councilors Parker, Braudt, Coleman, Kovachy, Loomis and Barton.

COUNCIL ABSENT:      none.

STAFF PRESENT:         Administrator/Recorder Evans, Public Works Superintendent Lakey, and

  Finance Deputy Recorder Bennett.

STAFF ABSENT:           None

 

III.       AGENDA REVIEW AND/OR ADDITIONS:

           

Add to agenda under Council Business #5  Falk Annexation: Issue letter of authorization for Mark Garrett

to look at documents for the Eagle Ridge Annexation processed in 1997 that former city attorney Bruce

Coalwell has at his office.        

 

Mayor Deaton presented an American flag donated to the city by Faulkner and Gray families and asked to

have the city send a letter of appreciation.

           

IV.       PUBLIC COMMENT:

 

         

V.        CONSENT CALENDAR:

 

1.      Approval of Regular Session Minutes for 06-16-14

 

Councilor Barton moved, Councilor Loomis seconded a motion to approve the regular session minutes for 06-16-14.  All voted “yes”.  The motion carried.

Superintendent of Public Works arrived at 7:08 pm

 

VI.       PUBLIC HEARINGS:

           

            None

 

VII.      COUNCIL BUSINESS:

 

1.      Request from Pioneers Days Beer Garden Committee to move the beer garden into the park.

 

Administrator Evans read the following regulations currently appling to the Park:

1.      Resolution 439 which clearly states under the Park Rules #5 No commercial alcohol sales is allowed. 

2.      Ordinance 625 enacted on May 19, 2014 prohibits the consumption of alcohol in the park.

However, it does provide an exception process for special events.  It does not address the sale of alcohol.

3.      Ordinance 595 which regulates sale of alcoholic beverages within the City.  Section 1 addresses the

sale of alcoholic beverages.  Under A (2) it specifically allows the sales of alcohol either on public or private property, where a written authorization or permit has been issued by the City of Canyonville, and where such sales are conducted in conjunction with an event open to the public and in strict compliance with the terms of such authorization or permit.

4.      Deed for donated land from Boyle.  The deed does not address consumption or sale of alcohol on the

property.  It does establish a park board which is intended to manage the park.

5.      Deed for the portion of the park that was purchased by the City.  This deed applies to lots 1,2,3,8 and a

portion of lot 4 in Block 2.  There is no reference to sale of consumption of alcohol.

6.      Park rental agreement which prohibits the sale of alcohol and establishes regulations for the consumption of alcohol (Exhibit E).  Also included is the memo from June 23, 2011 to the Council addressing the consumption of alcohol within the park for the Quiet Riot concert and the attorney’s opinion regarding the memo.

 

If Council wishes to allow the sale of alcohol within the park, Resolution 439 would need to be amended

along with the park use application.  Ordinance 625 and 595 would not require amending since they have a

provision for allowing alcohol.

 

Mayor Deaton asked for the committee to make their presentation.

Zackary Culbertson owner of Canyonville Cigars/Cigarettes at 134 S. Main St., Canyonville handed out a proposed plan showing the design and location of the beer garden in the park.  After much consideration the Pioneer Days Committee felt that moving the beer garden into the park between the stage and Firemen’s booth would be the best location.  The front of the booth has been designed to keep with the theme of Pioneer Days, while keeping the visibility of alcohol consumption from the view of the young people.  The back wall would be constructed of a 6’ chain link fence keeping anyone from leaving the garden with a drink. It is the committee’s hopes that sales will increase with the beer garden located closer to the events, entertainment, and food.  The sales from the beer garden are split 50% to the vendor and 50% to Pioneer Day Committee.  Any increase in sales would be a great help in funding the Pioneer Days events and entertainment.

 

Misty Boye a resident of Canyonville and business owner of Canyonville Ace Hardware feels that changing the location of the beer garden would help increase sales for the beer garden and other vendors.  Also the vendor of the beer garden will carry the insurance required by the City.

 

Michelle Muir resides in Canyonville and is completely in favor of moving the beer booth to the location between the stage and fireman’s booth.  The design of the beer garden booth is very appealing and brings back the pioneer days feel.

 

Colleen Deaton, long time resident of Canyonville, feels the new look and location of the booth is a wonderful idea.  She did attend the Quiet Riot Concert that was held a couple of years ago which allowed drinking in the park and thought it was a well managed event.

 

Bob Mathews from 454 Knoll Terrace Dr., Canyonville, wanted to let the Council know that the Canyonville Lions Club voted to support changing the location of the beer garden.

 

Brian Place, owner of Knoll Terrace in Canyonville, is looking at the possible increase in revenue to help relieve the pressure from the clubs for donations to keep the events going and to fund the scholarships given out each year to seniors. 

 

Pam Landell, owner of Bead Mecca in Canyonville, feels very strongly that the change in location of the beer garden closer to the events and entertainment will help make Pioneer Days a bigger success.

 

Mark Merrick, from 3238 Gazley Road, small business owner of Web Solutions, son of a pastor, and a licensed marriage counselor, is in favor of moving the beer garden booth to the new location in the park.  Through much of his research of other countries’ alcohol laws compared to this country’s laws he feels that there has been too much emphasis placed on keeping alcohol consumption away from our youth today.  He feels that it is healthy for kids to see adults drinking responsibly and in moderation.  

 

Jim Siegel, of 171 Ecklund Dr., Canyonville, asked the Council to give them one year to try the beer garden in the park to see how it works.  This could really help the committee to increase revenue for Pioneer Days.

 

Doug Sales commented that Pioneer Days 50th anniversary is coming up in two years and this would be a great beginning to work towards raising the money for the big celebration.

 

Council questioned members of the committee about containment of the alcohol, height of back fence, consideration of alternate location, and insurance. 

 

The  committee members confirmed that the vendor would have insurance and provide security people at the door to make sure no alcohol leaves the beer garden.   The back fence is 6’ high chain link fence which is a requirement of OLCC.  The committee has weighed all possible locations within the park and feels this is the best place to have the beer garden since they will be able to utilize the wall from the stage and the fireman’s booth.  This will only require two walls to be constructed. 

 

The potential liability issue is the Council’s biggest concern.  What if some one drinking alcohol leaves the premises and gets into an accident?  Would the vendors insurance be adequate to cover the claim or will  they want to sue the City because they think the city has deep pockets?  The Council also stated that they would need to check with the City’s insurance company to determine how much coverage should be required.    

 

Councilor Braudt moved, Councilor Barton seconded a motion to have the Council, as part of the park rules review, take into consideration moving the beer garden to the park for 2015 Pioneer Days. 

 

Mayor Deaton asked the Councilors to vote no on the current motion and make another motion to allow the beer garden in the park for Pioneer Days 2014 and re-evaluate it for next year. 

 

Councilors Braudt, Parker, Barton, Coleman, Loomis, and Kovachy voted “yes”.  Mayor Deaton voted “no”.  The motion carried.

 

Mayor Deaton recessed the meeting to reconvene in five minutes.
Mayor Deaton reconvened the meeting at 8:07 pm.

 

2.  Resolution No. 622, Transfer of Funds for Donation.

 

At the June 16, 2014 meeting Council approved a request from the Chamber Foundation for a one time donation to the Youth and Community Center project.  The majority of the Council approved a motion to transfer $1,000.00 from the General Fund contingency line item to the Community Services gifts line item and donate the $1,000.00 to the project.  Adoption of Resolution No. 622 will transfer the money.

 

Councilor Coleman moved, Councilor Braudt seconded a motion to adopt Resolution No. 622 transferring  $1,000.00 from the General Fund contingency line item to Community Services gifts line item and donate the $1,000.00 to the Chamber Foundation.   Councilors Braudt, Coleman, Loomis, Kovachy, Barton, and Mayor Deaton voted  “yes”.  Councilor Parker voted “no”. The motion carried.

 

2.      Resolution No. 623, Establishing a Policy for Donations

 

At the June 16, 2014 meeting Council had a discussion regarding the donation policy established in 2007.  City Administrator Evans was instructed to come up with a resolution establishing a new donation policy for Council’s review.  Resolution No. 623 establishes the prior policy and provides a provision for considering future one time donations for community projects.

 

Council asked if there is a need to be locked into the list from 2007?  It was suggested that the city should not have a policy, as it is not always followed.  The City should have all groups submit a request for donation each year by a specific deadline. 

 

Councilor Coleman moved, Councilor Braudt seconded a motion to adopt Resolution No. 623 establishing the prior policy and providing a provision for consideration of one time donations.  All voted “no”.  The motion failed.

Administrator Evans suggested drafting a resolution to abolish the existing policy so it will be easier to track the decision in the future.

 

3.      Change Order #4 for removal of asbestos pipe.

 

Change Order #4 is for the removal of an asbestos concrete gravity sewer pipe.  The estimated cost for the removal of the pipe is $9,504.00.  Since asbestos is considered a hazardous material it requires the contractor to hire a certified hazardous material contractor which will cost approximately $7,000.00.  The remaining cost is for dumping fees, bypass pumping and hauling which 2KG will be reimbursed for.

 

Councilor Parker moved, Councilor Barton seconded a motion to approve change order #4 in the amount of $9,504.00 for the removal of the asbestos pipe.  All voted “yes”.  The motion carried.

4.      Falk Annexation – Authorization for Mark Garrett.

 

Work on the Falk Annexation process is being held up due to two maps that the City has been unable to

 locate for Mark Garrett.  These are maps from the Eagle Ridge Annexation that was processed in 1997 that

former city attorney Bruce Coalwell has at his office.  Attorney Bruce Coalwell requests approval from

Council to release any documents to Mark Garrett.

 

Councilor Parker questioned if the City has sufficent water capacity to supply the 200 lots that the Falk

Development will need.   Administrator Evans said that the new water master plan should cover this area and any solutions that are needed.

 

Councilor Braudt moved, Councilor Parker seconded a motion to give former city attorney Bruce Coalwell consent to release documents from the 1997 Eagle Ridge Annexation file to Mark Garrett.  All voted “yes”.  The motion carried.

VIII.    REPORTS:

 

1.      SHERIFF’S OFFICE

None

 

2.      SUPERINTENDENT’S REPORT

 

Win Walker reservoir is no longer flowing over the spill way.  Public Works staff will be checking on water levels weekly and adjust flow accordingly to maintain as much stored water as possible.  There has been a water leak detected on Wilson Street and it is determined the main line needs replacing.  Lots of complaints regarding dry grass and fire hazards.  The City spent $2,200.00 on dust control on Hamlin Drive and later found out that the dust control should have been part of the sewer plant construction so it would have been paid through the grant.

 

All bidders on the YMCA roof have been asked to bid on the same requirements by August 10th. 

 

3.    ADMINISTRATIVE REPORT

Administrative Evans explained that the city engineer believes the contractor is contracted to provide dust control.  Although he is looking at the construction documents to make sure. 

 

The Sewer Plant Phase I construction  may not be completed until December 2014.  Completion depends on when we get all the information for the headworks screen from the manufacturer. Since the design of phase 1 was done the manufacturer changed the size of the screen but did not change the model number,  therefore there is some concern of whether the screen will fit into the headworks.  The manufacturer is working with the city engineer on lay outs to make sure they can get the screen to fit properly.  There is a chance we may still be on schedule though.  The project is approximately 45% completed and the City has approved $9,671.00 in change orders which brings the construction cost to $1,584,571.00.

 

Canyonville Christian Academy has submitted their pre-application worksheet and plans for the construction of the dorm. A letter has been sent to CCA listing the SDC charges in detail and advising them that these charges must be paid to obtain the city permit required by the County for an actual building permit.  The City has not heard from them todate.

 

The auditors have completed most of their review of the 2013-2014 city finances.  They will be returning on September 23-24 to complete the audit.  The auditor commented that everything looks really good this year.

 

Water master plan project is on schedule and the City should be receiving a draft report addressing regulatory requirements, enhanced water treatment rule, City requirements and future water system regulations by the end of July.

 

Filing deadline for the November 2014 election is August 19, 2014.  So far no one has filed for the 3 Council positions and the Mayor position.

 

BOARDS, COMMISSIONS AND COMMITTEES

 

Councilor Braudt reported that the YMCA borad meeting has been postponed until August 14, 2014 at

6:30 pm.

 

IX.       CORRESPONDENCE/INFORMATION:

1.    Available for Inspection:

a)                Seniors Escorting Seniors –June 2014 Report

 

X.        ANNOUNCEMENTS:

1.      Planning Commission Regular Session – Wednesday, August 13, 2014 @ 7:00 p.m.

2.      City Council Regular Session – Monday August 18, 2014 @ 7:00 p.m.

 

XI.       ADJOURNMENT

There being no further business Mayor Deaton adjourned the meeting at 8:50 p.m.

 

Submitted by:                                                                          Approved by:

 

 

______________________________                                          ________________________________

Dawn Bennett, Finance Deputy Recorder                                Robert A. Deaton, Mayor                                             

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