City Council - Regular Meeting

There he is. Oh, there he is. Got a minute. Hey, Joe. Uh, so I call to order the city of Lafayette Council meeting for August 14th of 2025. to the flag of the United States of America and to the stands. One nation under God. Thank you.

Councelor Pollson present. Councelor Goen here. Councelor Kent here. Councelor Mackey present. And Mayor Malcolm if absent. So we'll start with the citizen input on on agenda items. Anybody here who would like to talk? Interest talk for the items itself. There any additions or deletions that anybody would like to add to the agenda tonight?

Staff, Madam President, thank you. I would like to change uh from the consent agenda uh letter C to an action letter E. Anybody have any issue with that?

And then um if we could welcome Judge Blake for an update. Good evening, ladies and gentlemen. It's weird to be on this side of the bench than that's the other bench. So, forgive me if I'm a little bit weird. It's weird for us, too.

Okay. Well, uh, good evening again. Uh, my name is Larry Blake. I'm your local judge. I've been here a couple years and wanted to thank the opportunity to come in and talk to you and kind of explain what we're doing. And if you have any questions, I want to make sure I answer any questions. Before I get off too far, I want to make sure you understand that I really appreciate the staff that I'm working with here. They've been really accommodating and great to work with. Uh, Robert and the deputy particularly, we enjoy have we tell stories about old things, but he's young enough he doesn't he doesn't have to believe everything I say, so that's all right. Um, I invite you to come to watch if you ever get the opportunity. We always have at the same time once a month. You get to see how I interact with the citizens who come before me. I think that's we have one of the few jobs that actually people come and watch us work when we're doing what we're doing here today. Um, so we deal with traffic and viol and code violations. So, I only deal with traffic. The worst thing can happen to you is you get a fine. So, we get a lot of speeding tickets, driving while suspended, driving uninsured, cell phone citations. Those are the types of tickets I normally see. And for the most part, I think probably 95% of the people that come before us are usually the first timers. And if they're the first- timers, I try to as much as possible keep it off the record because it's not the citation or the cost of the citation that's problem. It's how it affects your insurance rates later on. uh particularly with driving uninsured. There's a little known uh aspect of driving uninsured. If you get convicted of driving uninsured in the state of Oregon, you then have to file an SR22 for three years. And for people who are kind of living from paycheck to paycheck, that could mean two or $3,000 over the next three years. So, I have a program that if they pay a fee and keep insurance for 12 months, I'll dismiss the citation so they don't have to file the SR22. Likewise, if people come in with a DWS driving while suspended, I'll give them an opportunity to set it over a couple two, three months, get their license, and then if they get their license, my reward is to reduce it from a driving while suspended to a no operator's license, and it saves them a couple hundred bucks. So, a lot of people I'm dealing with, particularly when it's hard time economically, I

always try to give them that opportunity. And then the other 5%, there's not a lot we can do with those people. They just get fined and their record starts increasing. So, that's the traffic part. Uh the also we deal with code cases. Uh and I think you may have some issues regarding code cases coming up here tonight. Uh a lot of those have to do with parking issues, junk, uh lawns being too long, etc. And again, I divide those up into two separate types of categories of people. 95% of them are what I saw there, but for the grace of God, I a lot of elderly people u a lot of people having some health or mental health issues. And if you can give them some time to try to get some help and bring in some community members to help them out, they'll usually resolve the problem. And therefore, I usually find them, but then I suspend most of it. And then I put them on probation for a period of time. Just don't let this happen again in the future. And then we get the other 5% that no matter what I'm going to do, they're just going to keep doing this. And that's where you have to use the fines. And then at some point, if the city decides they can foreclose on the property or at least lean the property and then look at the possibility of foreclosing. So those are the two types of cases that I normally handle. Um, I'd be open uh to any questions you have about my philosophy or how we're handling it. It's I've been here, like I say, a couple years. I've enjoyed coming out here. And again, the main thing I like coming out here is because of the staff has always been really friendly and easy to work with. So, that makes my job easier. And besides, they're the ones who really do all the work. I just show up and smile. So, that's we know who does the work around here. Okay. Any questions, comments?

I'm glad that 95% are first times and hopefully last times. Yes. they get to meet you.

Yeah. And the one thing I do especially with young kids, um, so I divide up the people who appear in front of me in kind of three categories. The young folks, the middle folks, and then the older folks. And so I they do take a class, I try to give them a class that's appropriate for them. So with young folks who are driving, and I was a terrible driver. I when I first started out driving, I was the worst driver, which I think makes me a good judge, by the way. That's a whole another argument. But I couldn't get pul I got pulled over pulling into a town. and it got pulled over pulling out of the town. It was just it was really a problem. And there's this class called trauma nurses talk tough. It's put on by Emanuel Hospital. And it's a program of a bunch of nurses who got tired of kids crashing their cars and coming to their hospital. So they put on this really good program. I've been to it. I sent my 17-year-old to it. And what it does, they talk about the the dangers and the issues about driving like they drive and that we're trying to slow people down. So that's a good course for young people, uh, middle-aged people or little people I call them. Uh, we do another online course. And then with the older folks uh my age, we do an ARP 55 live class and it actually helps with their insurance. So, we're trying to we're trying to educate, we're trying to change behavior and we're doing whatever works best for people. And I've been on the bench for next year will be my 30th year on the bench and I've gotten kind of figured out so I feel pretty comfortable where I am with that. Um the only last thing I would say is I know you have some parking issues coming up. Um and I asked uh the city manager to help me out with this and again I'm just going to tell you about it. It's not part of my job as your municipal court judge, but I wanted to alert alert you to it. U there's a recent court case called State of Appeals or Court of Appeals Gazet versus Portland and Witfield. And I've left the copy with your your city attorney, so you don't have to write anything down. You'll have a copy of it. But it's an interesting case and it presents some really unique problems that I don't know that all cities realize. And so I'm going to tell all the cities that I work for for about this case. It involves a motorcyclist driving down a road in the city of Portland and then another driver coming up to a stop sign and in front of the

stop sign was there a bunch of cars parked that kind of partially blocked the stop sign. And so what happened was this car went through the stop sign. The motorcyclist to try to avoid that car went on to oncoming lines and unfortunately was killed. So the the estate of the motorcycle driver sued the driver of the vehicle who ran the stop sign, but also sued the city of Portland. And the city of Portland tried to get it dismissed by some legal maneuvering, but court of appeals found that no, the city is liable for that because they allowed those parked vehicles there to block the stop sign. So I don't I don't know whether this is directly uh related to you folks and what you're dealing with today, but just know that normally the city has immunity. you don't get sued. But in that case, the court of appeals and it could go up to the Supreme Court, but I don't know, found that the city was liable to the tune of several million dollars. So, I'm just encouraging if you ever think about these cases or how it might impact you because, you know, parking issues are kind of usually pretty boring, but this can be a situation where could cost the city money and that's just,

you know, if the city of Portland was not enforcing a code. Yeah. Well, that was the issue whether the city was doing anything about that because they had because there is a law that talks about 20 ft from a stop sign parking blah blah blah. But if you have vehicles that are blocking it and you don't take action to do that, then maybe your your cloak of inity goes away. Exactly. So, I'm just Anyway, that's just a case I saw and I talked to all the cities about that. Does anybody have any other questions? Because I I know you got other business here and I don't want to take too much of your time. Sure.

Sorry. Um so um would you say your case load um is increasing or decreasing? Do you have a pretty steady amount? Are you always able to get to all the cases?

Uh good question. So I work for a bunch of cities in here uh Carlton and u you know AMD of Dayton etc. And your your court of those five cities that I work with in the area is the busiest city. And that has a lot to do with the gentleman to my right. Um, and and I think it's right now the numbers when I show up for court, we'll have a full full courtroom. So, I'm happy with the numbers I'm getting and I think the what we're doing is appropriate. Some some cities uh hand out a lot of like Cobberg, I don't know if you ever heard about Coberg years ago, got a really bad reputation because they kept annexing out to the freeway. Then they wrote all these tickets, etc. Uh, I don't think you guys have that reputation because the tickets I'm getting are at least 15 miles an hour and above over the speed limit and they're for serious violations like a cell phone because what they found out with cell phones that if you're using your cell phone or texting with particularly texting, it's like you're driving under the influence of intoxicates. So, they've increased the the violation and so that on the third cell phone ticket within 10 years, you can actually go to jail for up to six months. So, so I I think that's important and the officers do a good job. So to answer your question, I think you're I think the numbers are great and they're the most of all the small towns that working in the valley.

Thank you. I apologize for heading back to you. Notice that. Uh I think mayor, you had a question.

Um so in terms of the council, is there anything that we can do to be helping with the code enforcement issues going on in this town in terms you or with the deputy? Yeah, there's a couple things that um and again this is in reference to I work in a lot of different cities and a lot of different cities have different code issues. It kind of like in Manzanita when I first started out 30 years ago, they have a lot of short-term rental issues down there. So, it's each city has its individual issues. I was in Detroit the other day and they have some issues regarding golf carts. So, it's every city is is their issue. But my recommendation for if you want to try to enforce city laws, code enforcement laws, it's always important that you document, document, document. For me, you know, now that we have cell phones and cameras, it's always easy to document. So that if you want to find somebody in violation, you can do a one-day violation, which is fine, then whatever the fine is. But if you really see it as a really ongoing problem, then you need to document and then and then make the citation for a number of days. And once you get that, then I tend to get more attention from people because some people say, "Well, it's $250 or $500. It's just the cost of doing business." But if they have three months of it at $500 a day, then they might change their behavior because that actually is a spare amount of money. But you got to document everything along the way to show that that's a continuing.

And I think right now currently ours is just for the instance, not for the day. So, God forbid there's somebody in violation for a parking with a trailer, they get the ticket from Robert or from the deputy and then it's they can just leave it there until they go to court. Like, um, unless we do a tow or something, but the daily maximum is something, right? So if you really want to change behavior, it's been my experience that you have to start citing on and continuing for so the first day you see it up until the day of court then you can have all those days in between be a separate violation and then that gives me more ability to motivate people to change behavior. Okay, it's a good question. Any other questions at all? Off topic, but were you were you a litigator before you were on the bench? Pardon? Yeah,

I was in the DA's office for a number of years in Clackmus County. Then I opened my own practice and that's what I did for a while. Any other questions? All right. I listening to an attorney is probably the worst thing you can do. So I appreciate you putting out with me. I'm Yeah, we agree with All right. Thank you both. Have a good night. Have a great night. Thank you. Thank you. Okay. So on to the consent agenda and we're just going to be um focusing on A and B. We have a motion to approve. I will move to approve the consent agenda. I'll second specifically A and B.

Uh he well C is no longer on the consent agenda. Correct. We moved it. So Y'all call. Okay. Councelor Bry. Hi. Councelor Kzwell. Hi. Councelor Gilden. Hi. Councelor Kit. Um, council I councelor Paul I don't think I okay I don't vote right now when you see the

I didn't so that passes and now we're on to 88 second reading okay so we're on the second reading Uh, the purpose of this is to conduct the second reading of ordinance 651 amending the Lafayette comprehensive plan. Does the council object to reading the ordinance by title? I'm going to take that as amendment. This is ordinance 651 amending the Lafayette Comprehensive Plan Community Resources Chapter Recreation Section 2013 First Development Plan. Um, are there any staff updates on this?

No. Um, no, Madame President. There was just some grammatical errors that we revised in the document. Um, but other than that, nothing um outside, nothing major. Are there any further comments from the council? Any questions or comments from the audience? Okay. Uh, do I have a motion?

I move to adopt ordinance number 651 in an ordinance amending Lafayette comprehensive plan by repealing the 2013 parks development plan and adopting the 2025 Lafayette parks development plan and authorize the council president to sign. Any deliberations? Second. I'll second. Councelor Mackey. Hi. Councelor Creswell. Hi. Councelor Kit. Hi. Councelor Go. Nay. Councelor Barass. Hi. Okay. Passes.

Okay. And then I'm going to move on to the So the purpose of this is to conduct the second readings of of ordinance 652 amending the Lafayette zoning and development ordinances to delete subsection 2.2060. Does council object to reading this ordinance by title? That is enough. Uh, this is ordinance 652, an ordinance amending the Lafayette zoning and development ordinance to delete subsections 2.206.06 L regarding additional signs. Is there any update from the staff?

No. Okay. Does council have any comments or questions? The audience have any questions or comments? Do I have a motion? Um all motion I move to adopt ordinance number 652 an ordinance amending the Lafayette zoning and development code to delete subsection 2.26.06L and authorize the council president to sign. I will second that. Any deliberations?

Councelor K. Hi. Councelor Gilden. Hi. Bar. Hi. Councel. Hi. Councelor Mike.

Hi. I just need a moment to get Now we're going to move on to the um action item C RV permit extension for 99th Street. Uh go ahead and get staff report on that.

Thank you, Madam President. So, in front of you was a request um from uh Orion Bingel for an extension for the RV occupancy permit for 999 7th Street extension. Um they're looking to um do the extension until uh the end of the year. So, I put until December 31st, 2025. Um and according to the city code, I'm allowed to give up to one month of um a permit. And I normally can do that in two week intervals, but in this case, I did it for the full month since they were planning to come to the council anyway to not have to worry about doing an extra extension permit. Um, and in front of you today, um, there is a staff recommendation to deny, um, this extension based on, uh, the information that was provided in the packet. Um there's been some issues on the property with the RV going back till about June of 2022 with the Yam Hill County Sheriff and a code enforcement officer. Um and based on some of those issues uh that we're still seeing that have been there for the at least for three years um staff um is suggesting denial um based on that. But at the end at the end of the day, this is all up to council. Um if you um you can deny, you can uh do a shorter term, you can um accept it completely.

Is Ryan in the audience? Yes. Yes. Um I can't I can't really see him. So can you hear me, Ryan? Uh yes. So once you accept that you need to move your trailers, how long do you think it would take you to move them? Well, that depends.

Um, uh, like, uh, this gentleman had mentioned, I'm trying to get to a point where, uh, to to the end of the year, uh, so that my daughter, who is in the middle of a bunch of um, uh, stuff in order to purchase a home. So, uh, she's definitely turned her life around. I'm hoping that, uh, she can actually talk to the council here and kind of explain the whole timeline and everything. Um, we're actually close to the end of the proverbial tunnel. So, um, again, she has a lot more information on that. um you know the uh the um as far as like if if it's denied tonight then um uh my understanding is as long as they're not in the RV not living in the RV then I is there a problem with having the RV on the property? I mean uh

Brandon, correct me if I'm wrong. My understanding was it's the occupancy of the Correct. So it's not the actual trailer being stored at the property. Correct. to see. Okay. So, living inside of the trailer, right? Yes. Currently, they're they are uh my daughter's family is living inside the trailer. Yes. So, um would it be okay for my daughter to kind of explain what she's been going through and the whole process she's um pretty close to the end of and and being able to buy a home. It's just we're we just need a few more months. Um, so yeah, we can do about I think limits three minutes.

Well, this is a public forum, so it's as much time as you would like to dialogue or have them. Yes. So, she'd like a couple minutes to speak to council if she can.

Y hi everyone. Thank you for your time this evening. My name is Elizabeth Grant. Um, I'm the occupant of the camper in question. I uh in order to avoid ramblitis, I have prepared a very small statement um that I'll read for you guys today. Um according to apartment.com, the average price of rent in McMinnville, Oregon is $1668 for a three-bedroom apartment. I can imagine to rent a brick-and-mortar home, it is significantly more expensive. However, I've never tried to rent a brickandmortar home. Uh about two years ago through the state of Oregon, I was granted a housing voucher which would enable me to rent at a subsidized rate. But due to an at the time limited employment history and uh credit that was ruined from years of irresponsible financial choices, my voucher expired before I had the opportunity to utilize its potential. Um fast forward to today. I am incredibly fortunate to be just months away from closing on a home for my family. Uh and hopefully one that they will come to know as their childhood home. The United States Department of Agriculture offers a very special mortgage in rural areas across America. It's called the 502 Direct. Um, this mortgage is issued directly by the US government and it is only made available to low-income households in technically rural areas. Our sweet slice of home, Yamhill County, is indeed rural. I live in a fifth wheel currently. It is hooked up to utilities and with my fiance and my two young children, we wake up every morning at 7:00 a.m. I put on the kids socks and shoes and scoot them down the metal stairs of our camper and usher them off to daycare. By this time, their dad is already at work for his 12-hour shift at the protein bar manufacturing plant in McMinnville. And I am getting ready to start my 10-hour day as the general manager of the Burger King at the south end of Mc of McMinnville. I am not complaining about our circumstances. In fact, on the contrary, living in this fifth wheel, supported by the grace of God and my loving parents, we have managed to eliminate all of our debts, settle old collections, as well as to

save up the money we need to close on the home we plan to purchase. My latest correspondence with the USDA was that our file was with the loan approval officer, who could only issue us the green light to begin making offers on homes after October 1st, when the fiscal year restarts and the funding from the USDA program is replenished. It is our fullest intention to be moved out of this camper and into our first home by the end of 2025. And we are humbly asking for special permission to inhabit the camper affioned until the end of the year, although we hope it will be sooner. Thank you. Questions? Questions?

Historically, we remain exceptions. So, we've had a similar case um for the council and it involved young children or I think just one young child. It was a few years ago now I'm thinking back to it. Um and what we did was during the summer they actually would go camp places. Um one of the places down here at the park um the council we did not authorize it during like the summer and warm months. Um but there was um at least a three or four month that we allowed during the winter months. Um and then that family actually ended up coming back to us and asking us to pull the the permit and end it because of issues that were going on in the family at the time. Um but that's the only history I've been involved in on this. Do you have documentation um verifying that your

Yes. Okay, great. And so why is it that you and your family can't stay inside your father's home?

Um because they have just a three-bedroom house. Um it's my my mom uh my dad and they actually uh they adopted my first child um when I I spent a couple years battling addiction and homelessness and during that time they adopted my daughter that they now raise. Um, so although they have a wonderful, beautiful home, um, I also now have two other children of my own and a fiance. And we could, if we absolutely had to, we could, um, we could make their dining room into a into a makeshift room that we all could inhabit. Um, and we would be willing to do that to to see this through to the end. We are just hoping that we can avoid that because it would be very cramped.

It would be. It's just really hard because I feel for you and you you've changed your life and you're making great choices and I think that's wonderful but the hard part we run into is if we make exceptions then we run into other issues and kind of the situation we were in a few years ago like that was hard for me like I had to stand by like these are our rules and we have to do this and a kid was camping at a park. It broke my heart. But if we always make exceptions, like that becomes a problem. And so kind of the thing with the 30 days is like to give some time to get things figured out. And I know it can be uncomfortable inside of a house being crammed, but I would really recommend that that's what you guys consider doing. Um because I just I don't know personally the council can get behind this. we're talking six months that you could be looking at for a house situation and I'm really familiar with the USDA program and it can take a little while um with closing and everything. And so the problem we're going to run into is we're going to have other people in similar situations coming in here and asking for their families be able to do this and it is a lot. And again, I sympathize with your situation. I'm not trying to undermine it by any means. I can't

if I'm just Elizabeth, right? Yes.

You should be super proud of yourself. Incredible story. You should be super proud of yourself. The The thing that I I I don't think anybody here um could discredit what you've accomplished. The The thing that I'm running into is under the rules that we have to play by. There are certain conditions for us to grant this. And one is that there has to be an emergency. And I'm just I'm not sure this constitutes an emergency under the rules that we have to play by here. So, um if my vote is not in your favor, I don't want it to take be taken as any judgment. I think you're absolutely incredible and what you've accomplished. You should be very proud. Um, Brandon, would it be permissible to allow like a week for them to get the situation inside the house set up for them to be able to make that transition so they're not hit with fines or anything? Yeah, that would I would just suggest if any motion is made to deny it that a motion to deny effective the 21st. I

mean that would be I mean I can't vote tonight obviously but um that would be my recommendation. I don't want to put this family in a situation where they're going home tonight to try to figure this out. Um, you know, even if it was through Sorry, I'm terrible. So, we've only ever had one like this before.

Uh, yeah. And the family, the reason they couldn't be in the home was, I think, due to some health stuff with some family and it was very small. Um, their living situation, and we didn't find that that was an emergency. We only found that it was an emergency during the winter months because of the child and it was also it was a much shorter duration. Um just because they were more than happy to go out and camp for a good chunk of the year. Um but and they didn't look at like

maybe Monday, August 25th. That would allow for two full weekends, about a week to get the house in order um to then hopefully avoid fines. And but we got to back up the code enforcements on this issue. It's my thought. And I assume you work weekends. Uh I right now I'm working six days a week. Okay. Yeah. So that's why I was thinking give you guys two solid weekends to get everything transitioned.

What are you guys thought on something like that? I I'm fine with her having some extended time and I really hesitate to get vote against her because I sympathize with her. Um, however, if we don't like the rules, we change them and that's the problem is is like we can't we can't change this rule right now. We can't pick and choose in if we open the door. So, it's going to be a problematic throughout the city,

which is why I just struggled very hard voting against you in this. But I do believe that if we have laws on the books and we don't like them, we actively try to change them. Unfortunately, it is our job to enforce the laws on the books and that's not anything personal against you. The thing is, I don't think it's realistic to change the codes on this. There's a lot of issues that come with this, but we can all sympathize and try to get her in a situation where she's got some time. And you guys have had some time. I mean, because I think this started back in May. Yeah. So, um,

what day is your day off? Uh, it it it changes. Um, right now my day off is Saturday, but I'm actually working Saturday as well. Some days some weeks I don't have a day off. Well, that's why I was recommending two full weekends, you know, as opposed to just this weekend. I can't imagine it's going to be take too much work to get a dining room set up, but you know, I mean, you got some kiddos and I'll make a motion. Okay.

I'm going to move to deny the request for an additional temporary occupancy permit under LMC 6.605 605 subsection 5 and direct staff effective September 1st to proceed with the appropriate next steps to ensure compliance with LMC 6.605. I'll second that.

Mackey. Hi. Councelor Gan. Hi. Councelor Burroughs. Hi. Councelor Carwell.

Congratulations on your promotion at work. Now we're on to 8 D. Um so this is to approve um of change orders for brid bridge street improvements um for the project totaling $98,95 um from the street SDC fund. So Brandon if you want to give a we have the packet in front of us regarding the change order.

Thank you madam mayor. So um the design some of the actual invoices came in um when I was on vacation. So I I provided them in front of you today. The first one change order one is just discussing the seventh street crosswalk which we talked about a few months ago. We had the ADA compliance issue that was brought to our attention. Um so this is officially that change order there and that would be uh $24,275. Um the next one, uh change order number two is going to be some ADA compliance upgrades along bridge and fourth and bridge and 12th Street intersections um including complete removal and replacement. Um as you can see there on the designs for schedule three, you'll see um some um moving the ramp south, extend the wheel stop to the ramp, and then replace ramps um to meet the standards. Um, and if something go wrong, it's going to go from four to 5 years, right?

Yes, it is. I think there was some alignment issues, correct? A lot of these change orders as well that was not foreseen time.

Yes. Which would be change order three, which is where they saw some of the concrete elevation issues um on the transitions. And that one would be um adding the additional curb ramps and removing 124 square ft of concrete to adjust the ramp panel size. Um the cost impact to that one is $39,000 $39,720 which includes a the $6,000 deduction. And so the original contract called for $283,19 with this total change order if approved for $98,95. It would still bring us um significantly uh less than um what we expect for this to pay for this project. I think we had close to $550,000 estimated. The revised contract total will be $381,000. Um the reason why we're staff is suggesting to take this out of the street STC fund since it is an improvement uh we can uh pay this out of the SDC fund and I didn't want to take it out of street dollars because we have next month we have Gordon and the engineering team coming to you for the next street project or the street assessment list for you all to discuss and so we would hate to take money from that street project to fund this project. So that's why we're suggesting picking out of the SDC's which we have $983,500 on. So if all um if all is approved, this would um this would start additional work on Monday when they're as they're already out here deploying to start prep work.

And so Monday traffic's probably going to get pretty bad. Um not not this Monday. They'll it'll be do the intersection work and the seventh street extension crosswalk work. The major bridge street work should be starting here at the end of August, first week of September, which will then have more more notifications coming out in the preceding week because that Do you know how long they're anticipating that to last? From start to finish, probably about a month. Oh, this is into the school year. Yes. But a lot of Well, a lot of a lot of the main work on bridge, correct me if I'm wrong, will take about a week. The the big chunk about a week, 10 days, which is where they'll have the oneway traffic. um the auxiliary work, the intersections, the sidewalks, all that's going to be prepped um here before that work.

And do we know if that crazy week is going to fall before school start? It'll probably be right around the the first week of school. And and unfortunately, um there requirements for public works and construction workers. And due to some of the recent heat waves, we've been unable to complete some of the projects on time of all because it's been pushing other projects back. 90 degree weather.

Yeah. So, unfortunately, other projects they were doing in Yamill got pushed back. I think they were even doing some of the stuff that was on Dunaway Yamhill. So, they're in the area. They just were unable to start this project um as we planned to because of I think we had like eight or nine days in a row of over 90 degree weather and that causes logistical issues with when you do pavements and stuff like that. Okay.

All right. Well, still under what we originally planned for. Um do I have a motion? Uh, I'll move to approve change orders number one, two, and three to the Bridge Street Improvement Project contract with HU Construction, increasing the total contract amount to $381,114 and authorize the city admin administrator to execute the agreement. I'll second that. You'd like to follow up. Councelor Gen. Hi. Councelor Barrow. Hi. Councelor Creswell. Hi. Councelor Mackey. Hi.

Councelor K. Pass. Now we're on to um action item E grant support for 2025 to 2027. And I'm going to let um councelor Burroughs take the lead on that since he requested for this to be moved to

um just it's a couple quick uh easy things here. Um it's uh the title uh is is addressed as uh DLCD housing capacity in the agenda and at the title it's DCLD. Then the request for council action is DCLD. Then in the background is DLCD and also in the background body is DLCD. I think they need to be all um I'm sure it's uh D um Department of Land and Conservation Development DLC because I Google them and they mean different things.

Also, so when you're using those type of acronyms like that, I think it's an acronym, right? Yeah. Um, the first time use it, define it for us us guys that don't understand all the the lingo, lingo and jingle. That would be great. I'm so sorry about that. And and I've been good about that in the past because you mentioned that in the past and I don't know why. I think I was in vacation mode. So, I apologize for that. Okay. No excuses. GLDD, whatever that means. Have a good time.

But I while we're talking about it, this kind of just supports a tsp. Um, right now the COG kind of help assisted with the drafting of the the grant. Um, so we can try to get those dollars and then uh the planning on the planning situation that our inind match would be the city planner time. Um, I think it I I know we're talking about we've been talking about annexation and UGB and housing development and now's a crucial time as we're growing and we're getting the TSP. I think that the um Department of Land and Conservation Development would see both working coincidely together and I think that would set us up for success with the grant. So,

well, I agree. Just uh we need to be consistent and like I said, help me out. Help me out. I'm just guy reading all the letters. And so with that, with the noted changes to make it consistent, um do I have a motion to approve the item? I move to approve the grant support for 2025 through 27 housing capacity analysis with the um approved changes.

Hi councelor Carzel. Hi councelor building. Hi, Council K. Hi, Councelor Matthew. Hi. Passes. Now we're on to discussion items starting with the um cog services.

Um, sure. It could be higher. Um, good evening everyone. My name is McCrae Carmichael. I'm the community and economic development director over at the COG. Um, sorry, this is the first time I've been here at Lafayette to see you here. Um, but we have a lot of members that we serve. Um, Brandon and I, we're talking about me coming and visit visiting with you tonight to talk about um, our planning services, our recent rate increases, and um, also to talk about the strategic planning um, fees that went on from back in April. So, um, as I understand it, uh, Jim Jim Jax, um, is currently your planner. Um, I have five planners in my department. Um, three of my four of my planners actually have a Yam Hill City. Um, Liam Bean uh, works in Sheridan. Uh, Jim Jax does Lafayette. He did do Sheridan before and he still is like, you know, um goes in and still does some support because he was there. Jim has been with the COG for 16 years. Um I have Kurt Fischer who is the planner over in Dayton and um I have Scott White who runs planning services for Carlton. Um, so we we have a lot of touch points uh throughout EMhill County and as I've understood it, you all um I don't want to speak for you. What has your experience been with your planner so far? Jim Jackson.

Mine's minimum. Yours is minimum. Okay. He's the You didn't just I like I like I was on the planning commission before I was on the council. So I worked for Jim for a long time. Almost a decade. Yeah, probably. A long time. Knowledgeable service just clicked that. Wow. All sides of it. No, I like Jim. I think there are times where he kind of overexlained some things, but of course he doesn't know what the background and experience level of the folks he's talking to always is. So, um,

does anyone else have experience? Um, I just I find his knowledge and his um able to answer questions real quick. As you as you can tell, I I ask questions. So, as answering questions and uh make his answers very clear and and uh um to intimate detail sometimes. And anybody that knows Jim, that's that's not a bad thing. Not a bad thing. I'm not saying anything bad but business to to get done. Yes. At times though he he is long-winded. He has a lot. He is you know I mean he's been a plan he has been doing planning for 45 years. He is like

an icon of plan of Oregon land use planning. He's a gem. So but you can share a lot. Uh do anyone else have thoughts or opinions? Not on this.

Yeah. Uh, so I guess I'm here if uh to find out if you'd like to continue to have Jim as your planner. Um, we can look at moving another planner if you'd prefer. I've heard that I in our conversations Brandon has just shared oh I'm sorry online too. You're good. Um, just that he is long and I I know this, you know, I enjoy what Jim shares. So I have other planners who can be more concise. um you know so if you wanted that um it's available and I think um all three of the people I mentioned um have the you know they're with a tough point city Sheridan Carlton and Dundee right you know so they know Yankeel um they know small cities over here um so if you're interested you want to direct Brandon uh we can do that or if you'd like to keep with Jim um you can I'd also offer one thing that I did talk with Brandon about is um while you have had our planning services, you don't have to you're not like wedded to us as a member to of the cog. Planning is one of many services that we provide, but you don't have to use us as your planner and you can go out and look for other planning resources. So this I mean we don't we want to and I think we know your history but fresh eyes are okay. We had a member two years ago say, you know what, we just want to try something different. They have subsequently uh come back, but it's fine. So, I want to share that, too. Like, you are a member. We're here to serve you. And if you're not happy with our planning services, I encourage you to, you know, look for um other planning services, too.

So, my my issue wasn't with the planning services. My issues was with the rate increase. Yeah. I mean that was a that was a smack in our face. Yeah. Well and well so that yeah that is the next item I want to talk so we want to roll into that. So um you know uh so first of all you all heard our executive director has resigned Scott Dudson. You haven't. He has. His last day is tomorrow.

Um he is going back to North Carolina um as the city manager um after being with us for four years. That said, um you know, in this time last year, uh there were some indications that we needed to be increasing our rates um significantly pro, you know, and and we have a journey ahead at the COG in terms of some financial um our financial status, right? and what we've been charging. We have an increased land use fees similar to what we see cities talking about with their SDC's you know and not and freezing rates. Um it was a choice I would say with um Scott and with the previous executive director not to increase land use fees that we were like $97 an hour and that was not and just were staying there and it was a choice. Um but we can't afford that um rate like it it has to be higher. So the COG board last year decided they were going to do a 10 10% increase over the next four years. So the and that was approved 2425. So this one comes up in March. Uh the COG board approved the 10% increase again for planning fees. So what would have been you know uh your new fee that came across you was 121 that you were expecting and that what you signed with the master service agreement um back in May maybe early June. Um then we learned on the indirect rate that our indirect rate was going to be significantly lowered and that caused um Scott a lot of concern that uh we were starting at a zero fund balance and that we have no cash reserve. He brought that to the cog board and they said uh we're going to do an immediate bump up

on that 10% and do an additional 10% increase. and they did. The COG board voted on that in June. Um, and at that time they said we we want this effective July 1st. That said, COG just to give you like a I don't know if you want to know how the ins and outs of the COG right now. Um, got put in his resignation about five days later and then he went to Ireland for two weeks. Um, so these details have not been implemented with staff. myself, the people who um interface with you all um and our and our finance department retroactively understood that that bill was going to go back in June. So, they sent out June bills um with the increase rate of 20%. And and I'm furious to be honest with you, it's terrible business. Um it it just is. And and that's all I can really offer.

And and can I get some hindsight? This this came right after the budget year after we signed the master services agreement. I know that showed it. This just happened. Yeah. Yeah. And I don't blame you. I mean, this is on them and it was just it was very unprofessional. Absolutely. Uncalled for. I mean, PG&E Yes. sent out notice. as mad as that made us all like yeah it was just like it was it was a shock and they could have handled this better and I understand that businesses can put themselves in that situation sure and then they have to climb out of it but like we had a similar situation with water right and it was like we were given advanced notice heads up like yeah

this is going to come don't be shocked because we had no explanation all of a sudden this is in front of us and we had like a week you know upon seeing the agenda and preparing for this to then vote on it was just Like yeah, it was so uncalled for and I mean they have to understand like they is me. I'm part of I'm part of management. No, I mean but like you explain you're not the business. Sure. In the business department on this like you guys were blind decided by this and so that's who I'm talking to like they need to do a better job because they're going to lose people over business like that.

Yeah. Yeah. It's it's unacceptable. Um, you know, I came back when I learned, um, because I had been out of town during the board meeting. Like, I just didn't, you know, sometimes you don't know what you don't know until you get a call where someone says, "I just got a bill with a 20% increase." And I say, "I'm sorry, what what just happened?" You know, so unpacking it backwards. Um, you know, at a minimum, I within this room, I'm not convinced that we needed to do a 20% increase like in the style that we did. Um but the Congo board still we met on July 30th um and to both talk about what they want to do with interim and permanent for the executive director position and um some of the other financial things that have been um coming coming to the top and they said no we want to keep at this increase so the the rate is remaining effective

and so next year are they planning to do another 10% or 20% they didn't have any cash but that's where I'm concerned sketch because there was a new general fund, you know, and that and partly um for the city like we have to plan for that like because is this going to get out of our budget? Do we need to look elsewhere? Like yeah, there's just so much. So I highly recommend that they start communicating sooner. Yes, I agree.

Um yeah, I mean partially that's why I'm here tonight. I'm going to every single council to talk with um talk with you all because I'm again I can't highlight enough. I I've worked at the COG for seven years. I was doing I was at a as a contract employee for a couple years. In 2020 I came on and um was running our safe routs to schools program for sale and Kaiser and then Ranada Wakeley I don't know if you know her. She was in my position before she left in July and I moved into this position. prior to that and in another part of my life, we've owned a business for 20 years. This is not how you do business. We are and even though we we provide service, it's just it's not how you do business. So, I I mean I you don't know me well enough to to know that past anything. I apologize and I just think it's inappropriate and wrong and I understand if you all make choices based on the act. Like that's how you lose customers. Well, I mean, realistically, if they come to the council next year with a 10% increase, yeah, I'm going to be council member on here voting against that and voting to look services elsewhere because that's just

Yeah. Especially after 20% increase that just happened. Yeah. Um so hopefully they can figure it out. It's it's unfortunate because I I know that you know the COG just like the LOC just like all these other committees that charge fees they're made up of bucket like this for the most part. Yeah. And no elective would do that in their city. Yeah. But I feel they would do it on a sister group and I felt that you're getting a lot of brunt of it. And obviously it's due like like you said the you know the the it's due but I just worry that the people on the board wouldn't do that in their cities that drastically. Why do it in the cognitive? Yeah. You know,

it's interesting that you say that, Brandon, because on the 30th, um, I was in the room, um, and I was asked, you know, McCrae, have you heard from cities about this? And I said, yes, I've heard from several cities and they're very upset with these increases. Um, and to the board members in the room, uh, there's no representation of cities that we provide, um, this land use service to. So all the people who were in that room voting uh to keep the 20% increase um don't don't use our service the way you do. Yeah.

Right. So so you're you're on point, right? We two we have dues our membership fees and that's where larger cities and the counties do contribute and those are the people who are sitting in the room on that rate increase. So um we have some work to do. There's no doubt about it. um on how we're going to write some ships and there's definitely some questions but you know uh our job with you is to provide good land use services and there's and other services if you need and want

you know so that leads into another point and a discussion and that's the strategic planning that went on a few months ago. Um we initially had a bill you know we had a contract um or an approved work uh that was for like 6,400 um we have not invoiced you all for that. I looked at what our service you know our billable for my staff's time who have come here and it's about um $1,700. Um and you know just in an effort to show like good faith and intention um we we are not going to be invoicing you for the work that we performed um back in April. Um and the fact that that contract uh you know was just terminated that work which is fine you know I don't have concern or issue. I'm I'm sorry that it didn't work but I wanted to let you know that is where I do have control. I'm in charge of the invoicing and what would happen with that and I've decided that we're not going to bill you.

I appreciate that. Appreciate that. Yeah. Thank you. Yeah, it's it I we'll see how it pans out. You know, in February, um I shared with Brandon an estimate of um for all our cities. We did an estimate of the past three years for everyone so that you could be forecasting what a 10% increase would look like for what you paid over the average of the past three years. So I mean maybe what that bill would have been for last year what you had budgeted will will get absorbed you know maybe will break even for you.

Um other thoughts or questions? Do you want to share anything real quick on maybe like two minutes or three minutes on the regional water stuff that everything's going on just so yeah um councelor car as well as um secretary of the regional water authority but we we never have any meetings because I mean as a as a water authority but I think just talking about the regional plan just so everybody's kind of up to date coming from the grant writer and the grant administrator.

Yeah. Yeah. So, um, uh, to your city manager, to Brandon's credit, um, he in in December over the past year, um, I've been working with all the city managers to get like this master list of, um, everyone's development codes updates, just kind of all your things, your TSP, your comp plan, um, storm water plans, like where is it all? because when we're going for different grants um often particularly federal federal grants require this but others do too like do you have an updated plan are you at the most relevant place in the story and um in that Brandon in December when we were going over that list together said McCrae uh can you get involved with the water discussion and need help you know that there we we need water and we need to be participating um differently and there's an opportunity in in that regional water like how aware are you of this and I said oh not too not I'm not too aware he said well the things are bubbling up um meanwhile Mcmminville water and light was talking with um Elmer's office this is in like February about um Elmer saying I want to see more at we get individual asks from each city for a million dollars for $2 million here how do we get a comprehensive discussion happening so um so I thought well what what should we do next. Um, and we decided to start hosting a conversation with first city managers uh to say like what's going on here? What what's your resource? What's your plan? What's your current capacity with water? What are your barriers? What are you looking at? Um, with the goal that we can be building out then to the next place, bringing in the mayors and then bringing in you all eventually into that conversation. Coincidentally, um, Business Oregon had infrastructure funds um, available. They had like 2.9. They were a funny badge of it was a funny

badge of money, but essentially it was infrastructure planning money. Um it could be 100,000 for each city or 250 for a comprehensive um more regionalbased plans. So it was like um Yam Hill County had the regional water plan from 2009. Sorry. Um uh that hasn't been updated. So, McMindville Water and Light, like they know their capacity, uh, but we don't have an idea of what it would cost um, and what an updated agreement would need to look like for more cities um, to be able to have access to water, you know. So, we applied for business or the COG applied for business Oregon funds for the Yamhill Regional Water Plan update. Um, we received 250,000. We're in the process of putting out an RFP and you know we'll be hiring an engineer to do a um an updated study. And so uh three weeks ago Brandon and I were at a meeting that Elmer and Star hosted at McMinnville Water and for McMinnville Water and Light in McMinnville. Um and yeah, I mean they want to see those numbers, you know, like in a comprehensive sort of way. So this isn't a commitment on anyone's part. It's just the starting point to understand what's the resource, what is what's it going to cost um for both individual cities to do updates and then to potentially um have connection and then from there go and and see what it would look like and then building on help me with um the the

Yamhill Regional Water Authority.

It's not sticking yet. Yamhill Regional Water Authority. It should, but um the structure of the Yamh Hill Regional Water Authority um you know, do does everyone like how it works right now or how does it need to be amended to have potentially more users um be involved or the current parties? So that's next. So we'll be putting out the RFP in about two weeks. I think will I want to have it out for about six weeks because I I I just would like to see a bigger pool, you know, and and um alongside that right now, city of Yamill is they got they're using some of their ARPA money um for a similar plan. They hired AKS to be doing a connection plan. They're looking at getting water from Hillsboro. So um so it it's just ripe you know there's enough energy and momentum uh towards this idea of how do we get water at the most cost effective way to everyone. So

perfect. Yeah. Okay. Thank you so much. You're welcome. Thank you for coming. Yeah. You are welcome. Thank you. And I'm happy to come again. I'm sorry that this is the first time I'm meeting you in this way, but again um it's nice to see you. I appreciate your service and your work and if you'd like to think about like I said um within the cog a new planner I'm happy to explore that let you meet other planners but I agree that Jim is a he's a wealth of knowledge he is a wealth of knowledge and he kind of can get a longwinded long he can be long-winded sometimes

yes thank you so much thank Okay. So, next we're moving on to discussion item B, code enforcement and land use discussion. Um, would you like me to begin with mayor's statement or would you like to I can just kick it off to you if you want to kick it off to me. Kick it off to you.

Thank you, Madam President. So out of last month's um council meeting um somebody mentioned at public forum some discussions about parking front yard parking parking of RVs and trailers and I think a lot of there was some discussion that was also going on on um at at the deis online etc. And I know council president Paulson asked to bring this back to discussion this month. Um, so before we just talk about or before you all discuss what you all need to discuss, I did I know there's a there's a big narrative um in in the community that um we're nothing but parking enforcement officers, but I've showed year to date we have a dozen parking notices. And that doesn't mean all these even will end up with a ticket. um they've kind of been put on hold um since the last meeting outside of a couple of you know wrongway Parkers or anything majorly egregious. We've kind of put some of that stuff on hold um including um Mr. Trent I forgot his last name.

Boston Boston with um his issue that we had noticed a violation on his property. So, we've kind of kept everything at bay until the council discusses uh whether revisions to the policy, keep the policy as is, tweaks, etc. Um, so just before you today, there's everything that's been going on with parking um regarding that. And, um, I'm here obviously to answer questions. Robert's here to answer questions. Um, but outside of that, I'll deter to you all. I know Mayor Malcolm said has provided uh something to you all regarding some thoughts and opinions from her since she cannot be here today. Um but I'll kick it back off to you. Is she wanting that read into the record?

I'm going to ask that we just submit it into the record and it not be read. We can update the materials available online with this. Correct. As long as everybody is got their copy and just not it's just in the interest of time. Correct.

I think everybody's had a chance to read it, I assume. Yeah. Um, and so I did I follow through on doing my research um on this situation. Um, to me it is a clear violation based on um the property and what is I mean there's no front yard. The front yard is taken up by all the different items on there. Um, and so I don't think at this point, uh, the code needs to be changed in respect to I I think it's just confusing because you're in one area and then you're bouncing over to another area and so it gets really complex and confusing. Um, but based on my research, I don't I'm not in support of changing anything right now on this. I'm more in support of, you know, we need to continue cleaning up the city the city and doing code enforcement. And I understand the frustrations that there's not been past enforcement um historically. Um but for the last several years since having Robert, we have been proved in that and we're making improvements and we need to keep doing this. Um and he's this gentleman has had plenty of time to figure out what he needs to do with his items. And so there's no further steps that I'm recommending at this point. Anyways,

I did send an email to you all maybe about 3 weeks ago um just what the property looked like for context so you have some type of visualization. Hopefully you all received that and were able to look that over or at least drive by the property to kind of see for context what this looks like, what the situation looks like, but just in the totality hopefully driving around the city. We didn't even see the house. I mean what's the current agreement? I'm sorry. What's the current agreement with them right now? Like do we postpone? I have not done anything because based based on council dialogue last month, I just said, "Well, hang tight until council had had a discussion on what to do."

Yeah. Because when he first came, I thought I it was a little bit hard to understand and it was like, is there like an actual area that's designated for this? Well, you can't have your entire front yard. No. For this. That was egregious.

That was over the top. Um, I mean there's a lot of safety concerns like what happens if we have a flood like there's reasons we have these rules in place and they suck sometimes. I get it. But it is what it is and that. So I just more or less was like let me look into this and get an understanding because if he like put in actual like driveway area it may maybe would have made sense but you can't turn your whole front yard into a driveway. There's no gray area in that instance, you know.

It was pretty much over the top. It looks like a business is being run out of there. And you know, and here's my thought, like if you buy those items, like you might be in an HOA that might have rules on it, the city has code rules on it. If you can't have it there because of whatever reason, obstruction of view or don't have the right driveway, you have to go store it somewhere. You know that buying that. that's that's not on the city. Um, and so that's kind of where I'm just like nothing has come to me where it's like I think we need to dive into changing the codes on this issue. Um, at least at this time.

Well, I I nothing's going to be perfect. I think we all agree at this table. Nothing's ever going to be perfect, but I know there's enough concern that I don't I don't know if nothing needs to be done, but I I don't know if there's anything that council from a land use standpoint wants the planning commission to look at um from from a parking enforcement standpoint with the RVs and the trailers on the street on chapter six. Yeah. Um I I just don't know if there's anything I I I I know there's enough concern out there. I just don't know if there's anything that we can find to make this a perfect solution.

No. And maybe that's where the planning commission can talk and look at that and come to us with some ideas because I think that's where it's really confusing and like it took me a little bit to be jumping back and forth between these things and reading this. So, you know, maybe that's something in the planning commission. I'm just saying I don't think at this time it makes sense to take away council time and and I will say I I can't speak for what happened before I got here but I know there was and and to this day even me I'll I'll admit it and you know there's times where I look at the code and don't think about land use. Yeah. And this time I think about land use and not think about code.

And unfortunately um I know I I've talked with members of staff about making sure that we're looking at both when when we're looking at the totality of the property. So if there was an instance, god forbid Robert or the code officer at the time gave some something at that time they may have not been refined in in land use policy or looking at the land use looking at code enforcement. Um, but this discussion over the past month, um, I know Kennedy and Nicole are working on doing some updates to the website. I know Nicole and Kennedy put some FAQs on on permitting. So, we're trying to do better about educating, um, and just transparency and a lot of that stuff. So, we're never going to be perfect at that. So, I I I take full responsibility on that.

Land use is very very detailed. Yeah.

Um, the code is a little bit more easier to read. Um, so we'll continue working to address that. I know there's been some concerns about, you know, fencing a property or sideyard, front yard, like I mentioned last month. Um, we have to look at every property different when it comes to driveways or how to establish a driveway. So, if there's any questions about that, we can obviously answer them and we're working on some information to put out on on that. Um, we have to find a good balance of how much to put out and what not to put out because if you put out 80 different lot eresses and ingresses in town, that's going to be very confusing just like the LCDO. So, we're just trying to find an even balance of that. Hopefully, by the end of the year, we'll have something a little bit more concise. Um, but I can I can pass a planning commission with something, but I just don't know if there's if there's something that the council is wanting at the end of this. Nothing's gonna be perfect, but is there something that you're seeing even minute detail that we can look at a little little more aggressively with the planning commission to bring you back something

here? Here here's what I'm seeing. um uh did tour of the town and uh what what I see is in areas that have HOAs, there aren't near as many um uh infractions, if you will, uh as the older areas that do not have curved sidewalks or anything else. It seems like there's um more people parking alongside the garage or up on their sideyard or wherever. Um there's there's nothing that uh stops them or they have to back over anything. It's you know um some some areas even made this a parking area. And I know the land use there's a percentage and I don't know how you would enforce to go to somebody's house and measure off the improper cover

for the for the parking area but um I think that uh maybe for the planning commission um what what do you have to do to make it a parking spot or a parking area to make it legal? Um, wintertime winter time is uh, you know, soggy, muddy, and you know the there's a a little apartment complex on Washington Street that a that a business truck backs into and he backs into his own tires every time and that's where he parks. whether he got down to some gravel or whatever. And that's he knows he's in his in his spot if he backs into his tire rats, you know, and and I don't know if that's what we want to have, but um the society in general has changed a lot. Um people own boats, people's kids own cars. So So you have mom, dad, brother, sister each have a car. and and especially in um the curved areas. Uh my neighborhood, it's uh wall-to-wall traffic. I mean, parking wars, if you will. Whoever gets there first is is is it vehicles. And then in the in the areas that do not have the curbs and sidewalks, you got up here on the side of the house or uh three across in their in your driveway. And and I don't know whether we want to address that with codes or address it somehow. Somehow it has to be defined. I guess we need to define parking areas on your lot and make it reasonable for people. And unfortunately, I agree completely. This

is um uh Mr. Boston. Boston

uh he bought things. He bought too many things for his um his his lot, his area. Unfortunately, you're gonna have to store them. There is a bis there's businesses all over the place that you can address that problem. So, you you know, the ball needs to be back in his court. Uh at some, you know, a reasonable point of time, you need to go find a place to store this stuff. If you bought it, it you know, it's not going to work. and making your front yard a uh you know, and it goes for you know, anybody that's doing a used car lot, you know, you don't want that across the front yard either. But but I I see u a change in in uh in the needs or the how people are using their their their lots in the older section of town uh especially.

Yeah. So maybe just taking that feedback to the planning commission if they can look at trying to define better driveway something like that. How many violations did we end up saying with that across the board with the parking in the ground? Um I gave out five letters and then we had the city council meeting. So I stopped because I know we were going to re talk about it today. So that's the point I' I've stopped doing anything about that. A lot more than five I could point out. Maintaining consistency across probably the biggest thing and I have noticed more people are parking in their yards now.

Oh yeah. Something must have gone out on social media and more people are doing it. And yeah, we'll probably have we're going to I'm I'm the bad guy and I know I'm perfectly fine playing the bad guy, but I just want to make sure. But we're going to have a lot of people here next month because we've been pausing this for a month now and I think that there's narrative on social media. I don't I don't see it. Hey, it's open season. The council told Brandon, "Let me do this or whatever." So, we'll enforce and hopefully I did notice the uptick in it. Yeah. So, yeah. Yeah. I think we need to know uh what makes a driveway a driveway.

And obviously, right, we want to enforce it against people parking. Right. If someone like backs their truck up because they're unloading bark through the gate side, you can't you can't do that, block a stop sign. Right. Right. I'm just saying like we're worried about yard parking, not people getting into their yard to unload stuff into the backyard temp for a couple hundred. Understand? Yeah. Again, so long as it's not blocking a stop sign, right? No, that's that's not or a sidewalk. I just don't want it to come across as we're just saying you can just go do this. No, it needs to be enforced. Yeah. Okay. Is that good directive? Yeah. Anything, Council Carwell, from you?

Well, I can I really understand, you know, that really egregious yard that we were looking at on that photo. I mean, that's crazy, right? Um, and I think that's a good idea to get some clear guidance like you were saying. I just I also think there's so much stuff to look at and find to clean up the town that that's maybe something that's being overblown. Just guessing. And that's all I really have to say about it. It'll be nice to see what what guidance comes out. Perfect. Well, let's move on. And Brandon, thanks for supplying all the info on this, too. Thank you. Yeah, it was very helpful.

Outside seating in right away, Brandon, I'll let you.

All right. Thank you, M. Um, Madame President. So, um, a few about a month or so ago, the vaultsider house owner reached out to myself and Mayor Malcolmson. um the owner of the property um had come in to um come into city hall asking why they couldn't place some seating out in the front and that in the past that was able um after speaking with council president Paul Pollson just from some historical data back during the pandemic I guess previous Governor Kate Brown had let some exemptions go for outside seating that were blanketing for the whole state and the cities really didn't weren't you know were automatically preempted into So, I think the owner maybe had assumed that preeemption of all city laws for outside dining was reflective of being continued. Um, I said that's not the case. Um, right now that there's nobody there's not a need there's not a way for somebody to operate dining in the right way. Um, after speaking with um Jim Jackson, city planner and talking to the city attorney, there are a few ways to go about this if the council so chooses to want to do that. Um, normally right now anytime somebody does work in the rightway, um, Greg approves a revocable permit, meaning all these conditions must be met or we pull your rideway permit and you stop working. Something similar could be done like that where the council similar to like the alcohol um, privileges. Um there can be a resolution temporarily giving me authority to grant rightaway um permissions and then a and then we can do it would be city code that we would work at because that's particular to the rightway but also some land use stuff that we can work on to where it would be approved as a part of commercial or residential commercial. Um there are pro there are ways to do it legally but I mentioned to the owner that I will at least I have to go to council. I I can't approve anything in the rightway outside

of utility work being done. So if the council has a desire to temporary allow it um I can bring something via resolution next month if they are willing if they the council wants to look at it in totality meaning anybody who operates a food or retail business can operate for outside dining in the rightway. I I would be able to bring an ordinance to you to establish that authority uh via chapter five public protection. Um so this is just initial discussion. Um I know this said this was this was detrimental to you know their business because of their space limitations but I did say there's only so much I'm able to do um based on the city code. So just want to see your appetite. Is this something that you'd entertain on a temporary side on a full-time side? I just want to have that discussion to know if staff needs to continue working on this or not.

A couple of points and concerns. First point is this is very similar to if you buy the toys and don't have a place to park them. If you rent the building that doesn't have the space, you rent the building or bought the build, whatever the case may be. Secondly, isn't is this is an interesting example for a first business for this to come about because is isn't this a business that's only open like four days a week? Uh I think they're open Thursday, Friday, Saturday. Three days a week. Yeah, I think it's right. So, Sunday through Wednesday, where are the tables and chairs going to go? It would it would obviously be inside. They'd have to be pulling them out. Okay. Because that's an important

It would it would be temporary. It would be I would assume it to just from the standpoint, it would be like you go to like the little gelato where the coffee shops, they have a little small table and they would probably bring them in at the end of the night. Similar to what they're doing on Third Street in McMinnville, bringing the stuff out for the evening, bringing it back in. The council would move forward. That's how I would approach it. It's temporary use, but we would you have a granted use from Frank, the public works manager. But if we need to use it, but

so long as their space falls within the rules and the safety and like the restrictions, I think that's great. I think we should have outdoor seating, try to get more people seeing businesses and bringing in business. It's good community. I thought OSTC is inside of four walls and they're serving alcohol in like a sidewalk space. We would have we would make sure as part of any next steps we're moving in as I'm working through a resolution and ordinances for the council, they would have to be working with OLCC because I would not I would not

I would not be able to have Greg sign off on anything until myself or the staff here at city hall have seen an updated OLCC which then you would have to pretty much sponsor that as well because they're changing their license to interior to exterior interior. It can't be that difficult. I mean, look at Carlton and Bendy. My my next question is that we are adjacent to an ODOT controlled street. Is do we have to talk with ODOT at all? It's our right away. Right. I just didn't know if because if it's going like I'm I'm envisioning a situation where because of where the sidewalk goes through, perhaps the tables and chairs are immediately adjacent to the street. Is that a problem?

I would I would talk with ODOT, but I wouldn't see an issue with that if that was obviously behalf of the council this wanted me to move forward on this. Can we put a um um a time June 1st to September 30th something like that? This is your city. So if you want to do something fulltime short time this is completely you you're all the policy makers I can bring sit outside. Well, I mean, we have a nice fall. So, the the probability that people would like to sit outside in the fall when it's 70 and the leaves are falling was I I would see it going past into well into October. Well, now you put it that way, it's been more appealing

and I think it's good community building. People see people sitting outside and they want they're more interested in that business. They certainly bet has helped the businesses on 33. I can see why the owner was mistaken with the the co stuff that had was happening. I get your point, Lee, but I do think that they probably work. I think it's a great idea. I think we just need to have some guard. We need to do it the right way and make sure we have the proper guard rails in place. We don't want to just become a free-for-all. Anybody can put some chairs on the sidewalk, right? So, no idea implementing a process to be able to do so.

Yeah. And I and I did tell I know the owner I mentioned um this would probably be a process and it maybe like a November, December, January type of thing in time for next season because it we need a resolution, we need ordinances, we need to start looking at land use things, long-term land use things, I can approve things on the rightway side, but in terms of if we want to do this and allow this without us having we can get something in the land use policy where if you're a commercially zoned property on along 99 or third street that you're able to have X amount, X amount type of thing. So, we'll it it'll be very detailed oriented. So, I'll make sure if you all want to move forward on this, I'll make sure we'll we'll lay some things out.

We want to just allow them temporarily um through the remainder of summer and early fall to use that space and then write in all the stuff we need to works for the ride away because there's going to be spacing requirements and Yeah. And then Greg is going to have to probably yell at me to make sure that I'm making sure certain parameters are correct. So then him and his crew have uh the ability to get through if they need to any utility work and whatnot. And if it needs to be if there needs to be improvements, I know on Jefferson where this business set, maybe there can be some type of improvements to make the rightway more appealing. Yeah.

Similar to what we do for a subdivision rightway improvement. So, but that's something that myself and staff can get with if you are seeing us you want to get this done. And I want to be clear, the reason I don't want to just open it up temporarily right now is just because I hate for it to be we just get to do this with no cons and then we add all these conraints and it I don't mind doing this again like this nice weather. No, it'd be great to have a place to go eat outside. That's I think have any of that here. I just want to do it correctly. Yeah. Okay, perfect. Well, let's move on to the solicitor policy. Thank you. Um, Madame President, did you want to take the lead on this, Kennedy? Would you like me to?

Go for it. Okay. Well, Kenn did all the work on this, so I just want to make sure she gets that praise. So, obviously, there was some issues with soliciting this past summer, still currently. Um and we're looking at ways to at least protect our residents a little more in terms of safety, security, um a city stamp of approval. Um, so right now the current status, the current operations is somebody comes in for company ABC, we bring they bring all of their people in that are working to fill something out and then we give them all a badge and then you know those badges are pretty expensive and then there's probably what can be for every badge and every person is probably five to 10 minutes per person.

Yeah. So, you know, five, six, seven people come in, that's an hour of our time where they're sitting there and we're the badges, I think you said, were like 80, 90 bucks for 12 of them or something. So, we're giving them the badge. We're processing this and there's no permit fee. In addition to that, I know there were some I spoke with some people in the community who were concerned about people knocking on their door um and being vetted. Um so, we put some things we put some items together on some on some cities in the area that he was able to survey. Hey, what do you do for your soliciting permits? There is a Everybody seems to be pretty consistent on a fee. Yeah.

Um a fee for a permit. So, they have to come in. They have they're pretty much paying just like anything else that we do. We're recouping the cost of of providing that service. But then there's also some cities um have an an added layer of protection where they're doing background checks. I've been in cities before where we do background checks, but I know there it can be done on a city, it can be done on the employer. Um I I know that some of these employeees that are working are day laborers or maybe week contractors. So I don't know their their hiring on or on boarding process but that's also an option as well. Um we have the code printed there 7.320 which shows the registration statement. Um but I just kind of wanted to talk to you all about that. This is more of a staff initiated because of all the concerns we saw since I've been here with all the complaints we've seen. I probably see more complaints about soliciting than anything else in the city. And they all happen within about a three-month span

and it blows up. And I think the city probably needs some type of additional protections at least on the the vetting um with the permit because I think if you bring eight, nine people in and they all have to pay that may okay maybe let's not be so aggressive or we can look at a companywide policy where if one company comes in they get up to 10 people for x amount of dollars. just want to see the appetite for council if this is something they want to do and if they do which way do they want to go or not want to go. I think we need to go with they're being charged a permit and some sort of fee to account for staff time because that's falling on the citizens ultimately and they're very aggressive.

I'm totally against that ground check. I think that's opening liability up to the city. I don't think we need any part of that. Um so I'm totally against it. You mean not us doing it? Yeah. because I think it opens up liability in the sense of like, oh, okay, well, you approved and so then we decide, well, what passes a background check? What doesn't? What happens if something slips through the crack? Well, now is that is that the city's fault? What if what if instead of the city doing a background check, we require that the company that's soliciting have done a background check?

I still think that's opening the city to what? And that's something where I think we need to get the city attorney involved. But I I feel like that that's just opening the door. I really think it's opening the door to liability. Yeah. But I think I think the effort of performing a background check is less liability than saying we didn't even check. But it's not on us to do that. So by doing by them doing that, you're opening the door to it.

Like this discussion. I just um I just wonder is it common practice for a business that's sending out doortodoor salesman to do about a background check on their door to door salesman. I wonder if that's common business practice. I know some of the companies they actually subcontract out. So you'll have this company that's trying to sell their product. They don't have anything to do so they contract out with another company. You see now salesman. Yeah. You just don't need that or it just means that you people get permits because their company do background checks.

I just I don't think it's the go it's not the government's role to get involved in that. I think it's city's in favor of anything that deters anybody who's not vetted to that level in most cases. I think if you're going to be here that you are vetted valid and you are selling a product that's actually worth not being harassed over. You could also decide, hey, we don't want to keep them in town anymore, but that's something you can all decide to do if you want. But

I I mean my concern with the the solicitors is we did have someone approach us in our driveway and we tried every polite way to say no, we're not interested and they just kept getting closer and closer to my daughter and I and that was really unnerving. Yeah, I've seen videos sent to me from residents about that which we've addressed with smart this today actually um before the council meeting. So then in situations like that that that should be something then where their permit is and they can't come back like that makes sense that I mean what do you how would you classify whether they're safe to be around a person like okay so if you punch somebody in the face and get hit with a DV is that not as bad as attempting to kill somebody like I just

that's drastic but that's but that's my point where do we draw the line we draw the line and it's on the city. So, I don't think the city needs to get involved in that, you know, but there should be a process in place where they're paying for these permits and stuff and it's on file and so then if there is that issue and you call the city, then that person can get the permit pulled and the company gets notified, hey, this person's now been trespassed from here or whatever it is. when when they come in for permits, is there a person of authority with them or is it you just got a van full of 18 18y olds?

Yeah, there's often not. Um or they don't notify us of a person authority, right? Okay. So, you may not even see a person of authority for these companies. I think there's a spot for like manager or something on the application, right? Or I can go look at the application. Yeah. If not, we should add something like that. Um, I think there should be a fee. And I also think that we need to add in time restrictions for solicitation. The number of times that people have been walking around our neighborhood like 8:30, 8:45 at night selling stuff. I don't know about y'all, but that's past my bedtime. I just closed the door on. What are you? I stay up till dark sometimes. No, I'm older than Oh, you mean 8:30?

Yeah. Well, 8:30 this time. But yeah, I that's the other thing is I do think time restrictions make sense also. So this last group of solicitors were really aggressive from all my neighbors and stuff what they were saying like they just would not take no for an answer. Finally my wife just closed the door on them and then they went to our neighbor's house and said that my wife them over, right? Just super aggressive greasy tactics, you know? That's what I'm saying. like if we're having those issues like okay so then their permit gets pulled so you know maybe that'll encourage them to behave themselves and be more respectful

and I think the fact that we're one of what looks like from the samples provided here we're one of few towns that don't require a fee for a permit might be why we get so many yeah I'm part of the P I've been made aware of that like you can be working for a company in like Vancouver Portland and these kids like for pest control companies. They drive around to different cities and they just try to sell everywhere. Like they may not even be local. They'll tell you they're local, but there's usually not. Yeah. But there's no contact name um um for the leader or the manager. Um and the time is from 9:00 a.m. to 9:00 p.m. They're able to solicit.

And does it make sense to also limit the permit? Like it's only in effect for 30, 60, or 90 days. So there is Yeah, I think it's a it's a yearly permit. It's significant. So, I'm almost wondering if it's a shorter duration. One, I think you said 30 days. 30 days. 30 days. Yeah, 30 days. Not a year. Yeah, my bad. I thought it was my mistake. I don't think I think if there is issues on that person, you know, and their permit numbers reported or whatever. Um, are they consecutive days? Then it could be logged to not renew it. Yeah. Most of the time when I get calls on solicitors,

I don't start getting until about 2 o'clock in the afternoon. So, I'm only here for a couple hours and I get off work. Well, like I said, these kids, I found out they're driving. There was one kid, he went all the way out to Jervis Woodburn and then ended up here. Right. This is the third town that And so, they'll stay out. They stay out as long as they want because as long as they close one deal somewhere, they get paid for the day. Yeah. Yeah. Does it do the deputies can enforce this as well? Right. So, like would it be so bad to have PJ stop by and when he sees be like, "Hey, can I see your permit?" Well, going back to what Robert said, most of the contacts happen like after two. So, they're crazy busy. Hey, can you come over here? I'm like calling them and like, "Well, I'm on a call." And then I call

I'm just saying like if they if they're patrolling and they see a solicitor ridiculous hoverboards or whatever, can they stop permit? Yeah. I think PJ got pretty aggressive this year with you, especially we had the issue. that was thought to be one company that was another company that lied that they were one company and made me look like a fool. But I digress. So I think Okay, dude. My stance here I just want to see how everybody else feels. I think we need to have a fee.

I think we need to It's 9 to 9 right now. I think that needs to be earlier in the evening. I don't think people generally want people, especially like in the winter months, nobody wants people knocking on their door after. So there's yeah, there's those pieces. My my other thought I'm just curious and maybe financially this isn't feasible, but you know, there's a couple of main neighborhood sections like you start to get into neighborhood settings over by the elementary school, over by Morgan's Vineyard, the new development, and then also the housing neighborhood just towards 99 from the new like are there strategic spots that we could just put small signs so they can notice to solicitors you're required to have a permit and these are solistic?

They don't even know how to read. No all the time like read the sign says no solicitation. I've got a big sign. Yeah, they they don't solicitation means they don't. And that's what I'm saying. So I wouldn't but but it would at least prevent the whole oh I didn't know I needed the permit that they every time. Mysteriously our no soliciting sign tips over when they knock on the door or some you got to screw it on. You got to use command strips or something. I mean, we can put we can put, you know, the city of Lafayette, no soliciting without a permit right on the bottom of the city. I just worry if we stop putting I mean, we could probably put them on like poles, but then those are like utility poles. If you put them in the rightway, they can get pulled. They don't care. It's a waste of city.

I Yeah, I don't think that I don't think that would slow them down a bit. No. What slows them down is slamming the door in their face. Oh, that question was more for Robert to see if you think that's that. And I don't think it would happen. No. Nowadays with all the really aggressive sales tactics and direct calls or just telemarketing all the time, if I don't reach out, then I don't want your service. I'm pretty much like a no. As soon as they get to my house, unfortunately, you should put that sign. I never bought anything from my front door. Oh, I'm glad you stopped by. I'm gonna, you know, Yeah, I want new windows. He's going online. That's the thing. It's online now. It was my brother at my house and

opened the door and then I was like, "Oh, dude." Girl Scout cookies. Girl Scout cookies. The local football team. They have that card that I always get. They're all they're welcome at my house, too. Yeah. Well, nonprofits, religious, and you know, um political stuff is protected by the you know, the First Amendment. So, you know, they can they can do what they want to do. Well, they can't close my Yes. They they can follow the notes listening but in like we can't like we can't regulate you know regulate hours what's that you can regulate hours hours are we thinking like 9 to 6 9 to 5 9 to 12 95

after 5 is what business hour gives at least reasonable home rate has be reasonable time place management or like 9 to 7 or thing. Yeah. Mhm. As much as they clearly annoy all of us, there are citizens who they might not annoy. Apparently, it works somehow somewhere along the way. See all the solar panels and they wouldn't they wouldn't be doing it if they company wasn't making money somewhere. I want to be clear. I'm sure there are sale door to door sales people out there who are not rude and terri. I'm sure there's good people out there. I'm just saying the experience the city's had recently has been poor and so I don't want to like

significantly I will say unfortunately and I and I hate them but it's we got so many phone calls and emails about this and it was it was this year was like the breaking point where like it was it became an issue yeah I think we need I need I think we need permit fees reasonable time place and manner restrictions as we're allowed to make obviously we need to make sure we keep exemptions in for religious all that for for at least for the fee right but not for the hours. I think the hours should be across the board, right? I guess an exemption for Girl Scouts, too. I'm just kidding. Well, they belong under that nonprofit banner. So, I don't know. Girl Scouts go door to door and now they just look at the app and you go to 15 of them when you're good

because it's the other way around. The Girl Scouts don't trust you when you open door that opens the door. things. They sit out front of the dispensaries. All right. Department reported code enforcement, but there anything

um no just in the monthly reports you'll you will see that we've um added the community development section finally after we started getting some reporting. Now, with the new system and the coal kind of being in place, you um you'll kind of see a rolling um a rolling total of us year to um year to date um in the community development section. Um we're we're working on public works getting on board with gov um on getting them uh all case manage me so we can kind of have some more diagrams and charts for you so we can start quantifying some of the work visually. Um, and I mean outside of that, um, we're almost ready to go with the be complete with the meters so we can start talking billing and other things later on. Um, Greg and the team feel pretty confident we'll have that done by the end of the year.

Nice. Um, yes. Yeah. And, um, a couple things for me. So last September we had a discussion about the fire department and I was asked last year maybe we need to do this just a yearly update. Um is that still something we want on for next month where we talk about fire department. Myself and councelor Burroughs have some things to talk about with the fire board. Um that may come back to the board come back to council later on but I think that's something him and I are working on as he's the liazison for the fire. But is there do we need a totality discussion next next month on anything on fire? I know last year kind of been going well. I don't have any concerns. Okay.

I'd rather bring stuff up after we talked to the chief. Okay. So, just to jump back in. Okay. Um and um we had a great national night out. Thank you, Kennedy, for doing that. Um we did it at comments this year. Um thank you, Council Burrows. I know you were there for a little bit. Um Mayor Malcolm hung out for a little bit. Um, we had I think I think we probably had about 90 people or so. Um, yeah, we had um the OSP bomb truck and we had the robot and everybody seemed to um enjoy it. I think you're going to probably continue doing it at Commons every year probably.

Yeah. So, it seemed to be a lot more um it seemed to be a lot more flowy than last year because last week we did the the survey launch and was at the fire station. So, it was a little bit more mechanical. This year was a lot more flowy and it just we had more people there it seemed like to just come hang out and outside. I mean, it was great until the the fire department and deputies had to leave because of that AMD brush fire. Um, but I think it was a great event. So, thank you, Kennedy, for pulling that off. It was fantastic. So, um, outside of that drag, they took the keys out of the fire engine. Mean the keys aren't in there or

Oh, I just um everything at the community uh the community center is complete done. We got a new We got new ramps. We got new back ramps, the window shades. So, your office, everything is all set, ready to go. So, um I have a key and uh Mayor Malcolm can have a key. If you all need to use the office, you can just reach out to one of us. If you have a community meeting, we can make that schedule for you. Floors still need to be buffed. Yeah, we're working on buffing the floors, but sorry, that the community center. All righty. Um in terms of counselor's report, I don't have any reports. Councelor Galvin,

no. Well, I mean, this isn't as much of a report as the nation. Everybody knows who I've been a little bit critical of the cog lately. And um what I heard today was a business structure that got caught off guard with no cash reserves, an apology for doing business in a way that's unprofessional, that you lose clients, but they're not going to fix it. Um, I personally don't hire companies like that to service my own personal life or my business life. And it just continues my want to seek alternative service providers. That's all I have. Okay. Uh, Councelor Carzo. No, thank you.

Uh, councelor Burroughs. Um, I don't really have anything but uh continue on the cog. I I the only thing that's a positive to me for the rest of this this year that that we've got going on is that it's the the menu uh we will buy what we want from them and then next year make the I think make put that on in your mind next year we'll make the decision for what do we do with continuing on allocart servicing yes all cart um councelor kit nope Councelor Oh, you said no. No. Okay. Councelor Mackey.

No. All right. Um, mayor's not here, so we'll save the report. Yeah, the report the packet for you all. Um, we do have an executive session. Brandon, do we need to um move to end the council first or do we do we just Well, well, the script will cut over that.

Okay. I just want to make sure. Okay. Um Okay. So now the council will now hold a confidential executive session under RS 192.6602I to review and evaluate the employment related performance of the chief executive officers. Only persons allowed in the executive session are the city council, city staff and legitimate news media and others so designated by the council. Members of the executive session are advised not to report on or discuss in public the matters discussed in this executive session. This executive session is expected to last about 30 minutes, at which point the council will reconvene and continue the public portion of tonight's agenda. All persons not involved in the executive session will be required to vacate the council chambers until the council reconvenes public meeting. Are there any objections um from the council regarding my action to close the public portion of tonight's meeting convene into executive session? close the public portion and we move into executive session. Sweet.

She's going to make sure

Okay. Nobody even knows. Yeah, you can. Joseph, can you hear us? There's Joe.

All right. So, we've just come out of the executive session and we are back in normal meeting. Uh, following the executive session, is there any discussions we would like to have? Yes. Well, I mean, so we had the executive session um regarding the city council manager and so now that we're back in the meeting, we can have discussions. So, I think we support a raise and a bonus for based off of the evaluation um done by everybody.

And so, do somebody have a recommendation? Can I present a motion then? I'm going to uh move to uh give the city administrator a 4% meronus based on his evaluations in addition to a $2,500 onetime bonus. and to authorize the mayor andor council president to execute whatever necessary documentation to implement this. I'll second. Um, do we have we have any like to have any discussions on I just one thing that when you're making your motion, you said a 4% bonus. 4% raise. I'm sorry. Merit raise. Merit raise.

Yeah. And a $2,500 onetime bonus. Okay. Just want to make sure that's clear. Sure. Thank you for clarifying. Appreciate that. Um, all in favor of this motion, I I pass. Thank you all for letting me Joe. Yes, he did. Okay, Brandon. Um, we greatly appreciate all the work you've done. Your evaluation was very impressive and it speaks volumes to your character, your work ethic, everything. So, continue looking forward to next year working with you. We continue to have this city built.

All right, guys. It's 9:10. Do I have a motion to adjurnn? I motion to adjurnn. Second. All in favor? I All right. Have a good night.