Dallas City Council Workshop Monday, March 6, :30 pm Dallas City Hall 187 SE Court St. Dallas, OR 97338

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1 Dallas City Council Workshop Monday, March 6, :30 pm Dallas City Hall 187 SE Court St. Dallas, OR AGENDA ITEM 1. WELCOME 2. URBAN GROWTH BOUNDARY DISCUSSION 3. FIRE STRATEGIC PLAN 4. OTHER 5. ADJOURN

2 Dallas City Council Agenda Mayor Brian Dalton, Presiding Monday, March 6, :00 pm Dallas City Hall 187 SE Court St. Dallas, OR All persons addressing the Council will please use the table at the front of the Council. All testimony is electronically recorded. If you wish to speak on any agenda item, please sign in on the provided card. AGENDA ITEM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. EMPLOYEE RECOGNITION/INTRODUCTION 4. COMMENTS FROM AUDIENCE RECOMMENDED ACTION This time is provided for citizens to comment on municipal issues and any agenda items other than public hearings. The Mayor may place time restrictions on comments. Please supply 14 copies of the material brought to the meeting for distribution. 5. PUBLIC HEARINGS Public comment will be allowed on items appearing on this portion of the agenda following a brief staff report presenting the item and action requested. The Mayor may limit testimony. 6. CONSENT AGENDA The following items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered separately. a. Approve minutes of February 21, 2017 City Council meeting Motion b. Approve modification to OLCC license for El Pique 7. ITEMS REMOVED FROM CONSENT AGENDA 8. REPORTS OR COMMENTS FROM MAYOR AND COUNCIL MEMBERS a. Report of the February 27, 2017 Public Safety Committee meeting (Councilor Hahn, Chair) b. Report of the February 27, 2017 Public Works Committee meeting (Councilor Garus, Chair) c. General Comments from the Councilors and Mayor Page 1

3 City Council Agenda Monday, March 6, :00 pm City Council Chambers 9. REPORTS FROM CITY MANAGER AND STAFF a. Council goal update Information b. Other 10. FIRST READING OF ORDINANCE a. Ordinance No. 1802: An Ordinance amending Dallas City Code Section relating to Department Heads. 11. SECOND READING OF ORDINANCE First Reading 12. RESOLUTIONS a. Resolution No. 3371: A Resolution repealing Resolution 3130, a resolution establishing areas on the east side of SW Wyatt Street where the parking of motor vehicles is prohibited. Roll Call Vote 13. OTHER BUSINESS 14. ADJOURNMENT Page 2

4 These minutes are supplemented by electronic recordings of the meeting, which may be reviewed upon request to the City Recorder. Audio files from City Council meetings from February 21, 2017, forward can be found online at under the corresponding agenda date. Staff reports, resolutions, ordinances, and other documents related to this meeting are also available at that site in the Council Agendas archive. DALLAS CITY COUNCIL Tuesday, February 21, 2017 The Dallas City Council met in regular session on Tuesday, February 21, 2017, at 7:00 p.m. in the Council Chambers of City Hall with Mayor Brian Dalton presiding. Council: Council President Micky Garus, Councilor Terry Crawford, Councilor Jim Fairchild, Councilor Kelly Gabliks, Councilor Bill Hahn, Councilor Jackie Lawson, Councilor Jennie Rummell, Councilor Paul Trahan, and Councilor Ken Woods, Jr. Staff: City Manager Ron Foggin, City Attorney Teresa Ozias, Police Chief Tom Simpson, Engineering and Environmental Services Director Fred Braun, Finance Director Cecilia Ward, and Recording Secretary Jeremy Teal. Pledge of Allegiance: Mayor Dalton led the Pledge of Allegiance. AGENDA EMPLOYEE RECOGNITION/INTRODUCTION ACTION There were none. 1:22 COMMENTS FROM THE AUDIENCE Tyke Murdock, 1291 SW Hayter St, noted he had concerns about Republic Services operating in Dallas. He stated he had an incident with Republic Services hitting his vehicle and was treated unfairly and called a liar. He had a surveillance camera installed and caught the entire incident causing Republic Services to revisit the incident. DRAFT Michelle Murdock, 1291 SW Hayter St, stated when Republic Services came to review the incident they refused to interview any witnesses. Darla Teal, 1310 SW Stump St, stated over the past 2 years she had not received the greatest service from Republic Services. She noted a number of incidents over the years causing concerns. Mr. Foggin offered his conference room to discuss the issues and hopefully come to some sort of resolution. PUBLIC HEARINGS There were none. 11:23 CONSENT AGENDA Item approved by the Consent Agenda: a) February 6, 2017, City Council meeting minutes; b) Erin It was moved by Councilor Gabliks to approve the Consent Agenda as submitted. The motion was duly seconded and carried with a vote of 9-0. Page 3

5 Dallas City Council February 21, 2017 Page 2 Miller and Dawn Reynolds to the Budget Committee; c) OLCC Change of Ownership for Starlite Lanes. ITEMS REMOVED FROM CONSENT AGENDA There were none. 12:07 REPORTS OR COMMENTS FROM THE MAYOR AND COUNCIL MEMBERS GENERAL COMMENTS Councilor Garus noted he reviewed the professional services budgets for the past 48 months and considered if the value to the citizens was worth the cost of the items the City is spending money on. Councilor Gabliks stated she reviewed them as well and saw valuable information being retained from consultants that City employees can t provide. REPORTS FROM CITY MANAGER AND STAFF 18:31 AUDIT REPORT FY ENDING JUNE 30, :02 RESOLUTIONS Resolution No A Resolution authorizing the issuance and negotiated sale of a full faith and credit financing agreement and note to refinance outstanding obligations of the City; designating an authorized representative, financial advisor, and special counsel; and related matters. Kamala Austin, Merina & Co., presented the City audit report, an audit of the drinking water loan of federal money in excess of 750,000. She noted the audit had a clean opinion and the City applied for excellence in financial reporting award. Mayor Dalton recessed the City Council meeting at 7:25 p.m. and entered into the Urban Renewal Agency Board of Directors meeting. Mayor Dalton reconvened the City Council meeting at 7:27 p.m. DRAFT Mr. Foggin noted this would revitalize an open credit line and allow the possibility to refinance a 2011 debt based on the interest rate. A roll call vote was taken and Mayor Dalton declared Resolution No to have PASSED BY A VOTE of 9-0 with Council President Micky Garus, Councilor Terry Crawford, Councilor Jim Fairchild, Councilor Kelly Gabliks, Councilor Bill Hahn, Councilor Jackie Lawson, Councilor Jennie Rummell, Councilor Paul Trahan, and Councilor Ken Woods, Jr. voting YES. Resolution No A Resolution of the City of Dallas City Council recommending restoring recreational immunity rights. Mr. Foggin noted due to a Portland court case the verdict had removed recreational immunity and this resolution would send a message to the legislature to look at the repercussions. A roll call vote was taken and Mayor Dalton declared Resolution No to have PASSED BY A VOTE of 9-0 with Council President Micky Garus, Councilor Terry Crawford, Councilor Jim Fairchild, Councilor Kelly Gabliks, Councilor Bill Hahn, Councilor Jackie Lawson, Councilor Jennie Rummell, Councilor Paul Trahan, and Councilor Page 4

6 Dallas City Council February 21, 2017 Page 3 Ken Woods, Jr. voting YES. FIRST READING OF ORDINANCE There were none. SECOND READING OF ORDINANCE There were none. OTHER BUSINESS EXECUTIVE SESSION ADJOURNMENT There being no further business Mayor Dalton adjourned the Council meeting at 7:40 p.m. Read and approved this day of ATTEST: City Manager Mayor DRAFT Page 5

7 DALLAS CITY COUNCIL REPORT TO: MAYOR BRIAN DALTON AND CITY COUNCIL City of Dallas Agenda Item No. 6b Topic: OLCC Application for El Pique Family Restaurant Prepared By: Jeremy Teal Meeting Date: Attachments: Yes No Approved By: Ron Foggin March 6, 2017 RECOMMENDED MOTION: With approval of the consent agenda, the Council would be recommending to the OLCC to grant the request for an expansion of services license and change of trade name for El Pique Family Restaurant. BACKGROUND: Jose & Selma Salcido, owners of El Pique Family Restaurant, have submitted an OLCC Application for a modification to allow full on-premises sales and to change their trade name. Staff has reviewed the OLCC application and found no discrepancies with the information provided and has no concerns. FISCAL IMPACT: None ATTACHMENTS: OLCC Application for El Pique Family Restaurant Memo from Police Department Page 6

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18 Public Safety Committee Monday, February 27, 2017 Members Present: Chair Bill Hahn, Terry Crawford, Jim Fairchild. Excused: Micky Garus Also Present: Mayor Brian Dalton, City Manager Ron Foggin, City Attorney Lane Shetterly, Fire Chief Fred Hertel, Police Chief Tom Simpson, and Recording Secretary Jeremy Teal. Chair Hahn called the meeting to order at 4:22 p.m. CITY WIDE TRASH SERVICE Chief Simpson reported that people built up trash and rubbish around homes because they did not have trash service. He noted this new look at the idea would hopefully help the City solve the trash problem. He stated the penalties would escalate as the infractions compounded, including the requirement of signing up for trash service and a maximum fine of $500. Mr. Shetterly stated the ordinance would require the offender to retain garbage service by a court order and fail to do so would incur another penalty. He noted a good cause plea to court at a later day could free them from the service with an alternative solution. It was moved by Councilor Fairchild to draft the appropriate ordinance to create increasing fines for repeat offenders of Dallas City Code 5.540, Nuisances Affecting Public Health. The motion was duly seconded and carried with a vote of 3-0. CHIEF OF POLICE S REPORT Chief Simpson reported code services was doing well working with downtown buildings and getting them within code. He noted Safeway and Walmart shopping carts were all over town and they were looking at a possible agreement with the City to return carts to stores for small fee every month. He stated Officer Kyle Buchholz was going through skills training and doing well and Officer Kurt Van Meter was full time. He stated Britneigh Gaetz was doing well learning evidence and working on community service programs. He reported that Carlot Hall retired and was leaving at the end of June so a new records supervisor search was underway. FIRE CHIEF S REPORT Chief Hertel reported the strategic plan process with SW Polk would be reviewed at a workshop March 6. He stated two grants had been applied for, including a volunteer recruitment grant, and a power gurney lifting grant. He noted the replacement of all the computers at the dispatch center might cause an influx of costs as it would affect the department. He mentioned the SW Polk Board would be looking at a general obligation bond in 18 months, and the Fire & EMS union negotiations would be discussed in March. OTHER Mr. Foggin noted a facility was being reviewed and an architect was evaluating the building and looking at a proposal for a police/fire facility. ADJOURNMENT There was no other business and the meeting was adjourned at 4:45 p.m. Page 17

19 AGENDA February 27, :00 PM Council Chambers Dallas City Hall 187 SE Court St Dallas, OR A. Call to Order B. City-wide trash service C. City Manager s Reports Police report Fire report D. Other E. Adjournment Page 18

20 DALLAS CITY COUNCIL PUBLIC SAFETY SUBCOMMITTEE REPORT TO: COUNCIL PUBLIC SAFETY SUBCOMMITTEE City of Dallas Prepared By: Tom Simpson, Chief of Police Approved By: Ron Foggin RECOMMENDED ACTION: Agenda Item No. B Meeting Date: February 22, 2017 Topic: Nuisances Affecting Public Health: Increasing Fines Attachments: Yes No Draft the appropriate ordinance to create increasing fines for repeat offenders of Dallas City Code 5.540, Nuisances Affecting Public Health. BACKGROUND: Dallas does not require solid waste collection by businesses or residences within the city limits. Over the past several months, Code Services had received an increasing number of complaints from community members regarding neighbors usually in close proximity who collect, store or accumulate the solid waste generated by their business or residence on their property, with the purported intent of disposing of it at a later time. The complaint is often centered on the offensive odor(s) generated by decaying household trash. Usually persons who choose this method of waste disposal will store it in a pile or in some type of trailer until the point they have a sufficient accumulation to warrant a trip to the landfill or, until a time when it s more convenient to travel to the landfill. This activity is unsanitary, detracts from the overall cleanliness and appearance of a neighborhood and potentially could have a negative impact on adjoining residential property values. The accumulation of decaying food and other refuse also is a violation of Dallas City Code 5.540, Nuisances Affecting Public Health. Some Oregon cities, similar in size to Dallas, have an ordinance which requires solid waste collection. Increasing civil penalties for subsequent violations of the same nature have served to deter repeat offenders. Page 19

21 RECOMMENDED SOLUTION: Create an amendment to Dallas City Code 5.540, Nuisances Affecting Public Health, which includes: FISCAL IMPACT: n/a o In addition to the maximum penalty $ for the civil infraction, a requirement for the owner or person responsible for the business or residence to subscribe to a solid waste collection service with the company which has the current waste service franchise within the incorporated city limits of Dallas. o Second or successive violations of this same ordinance within a six-month period, increase the maximum penalty from $ to $ DALLAS 2030 VISION IMPACT: Our Community & Identity: 1a- attractive community; 1k-clean, safe, livable neighborhoods; ATTACHMENTS: None Page 20

22 Public Works Committee Monday, February 27, 2017 Members Present: Acting Chair Hahn, Terry Crawford, Jim Fairchild. Excused: Micky Garus. Also Present: Mayor Brian Dalton, City Manager Ron Foggin, City Attorney Lane Shetterly, Police Chief Tom Simpson, Fire Chief Fred Hertel, Community Development/Operations Director Jason Locke, and Recording Secretary Jeremy Teal. Chair Hahn called the meeting to order at 4:00 p.m. NO PARKING ON WYATT STREET Mr. Locke explained the vacant lots on Wyatt had been empty for years and deemed no parking on the east side of the street. He stated since that time the east side had filled in with houses and the no parking should be removed. He noted this would help slow people down and make Wyatt a safer street. The Committee, in absence of quorum, decided they would bring the Ordinance forward to the full Council after comments from the two committee members present with no committee action. ENGINEERING DIRECTOR S REPORT Mr. Foggin noted the watershed property purchase was underway and a draft agreement was progressing. He noted Fred Braun s last day would be February 28 and the new Public Works Director would be Frank Anderson. He stated Mr. Anderson was a traditional public works director and not an engineer, adding and the City would need to acquire an engineer of record. COM DEV/OPS DIRECTOR S REPORT Mr. Locke reported the rain helped with camera work finding infiltration in the lines. He noted the crew was picking up sand from the snow and ice and doing some street sign replacement happening annually. He stated the new access to the bridge off of Miller Avenue would make the primary crosswalk for school and pedestrians at the Fenton Street intersection. OTHER ADJOURNMENT Terry Crawford arrived at 4:21 p.m. There was no other business and the meeting was adjourned at 4:22 p.m. Page 21

23 AGENDA February 27, :00 PM Council Chambers Dallas City Hall 187 SE Court St Dallas, OR A. Call to Order B. No Parking on Wyatt Street C. City Manager s Reports Engineering report Operations report D. Other E. Adjournment Page 22

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28 DALLAS CITY COUNCIL REPORT TO: MAYOR BRIAN DALTON AND CITY COUNCIL City of Dallas Agenda Item No. 10 a Topic: Ordinance Amending DCC Prepared By: Emily Gagner Meeting Date: Attachments: Yes No Approved By: Ron Foggin March 6, 2017 RECOMMENDED ACTION: Allow Ordinance No to pass its first reading BACKGROUND: Dallas City Code lists certain department heads. With the hiring of a public works director, we need to modify this section to eliminate the engineering department and change it back to the public works department. A redline version of the code language changes is included. This is merely a housekeeping item. FISCAL IMPACT: NA DALLAS 2030 VISION IMPACT: NA ATTACHMENTS: Redline version of code language changes Ordinance No Page 27

29 2.200 Department Heads. Titles of city department heads are as follows: (1) The head of the police department shall be known as the "police chief." (2) The head of the fire department shall be known as the "fire chief." (3) The head of the engineering public works department shall be known as the "director of engineeringpublic works." (4) The head of the community development and operations department shall be known as the "director of community development and operations." (5) The head of the finance department shall be known as the "director of finance." Page 28

30 ORDINANCE NO An Ordinance amending Dallas City Code Section relating to Department Heads. THE CITY OF DALLAS DOES ORDAIN AS FOLLOWS: Section 1. follows: Dallas City Code Section is hereby amended to read as Department Heads. Titles of city department heads are as follows: (1) The head of the police department shall be known as the "police chief." (2) The head of the fire department shall be known as the "fire chief." (3) The head of the public works department shall be known as the "director of public works." (4) The head of the community development department shall be known as the "director of community development." (5) The head of the finance department shall be known as the "director of finance." Read for the first time: March 6, 2017 Read for the second time: March 20, 2017 Passed by the City Council: March 20, 2017 Approved by the Mayor: March 20, 2017 BRIAN W. DALTON, MAYOR Ordinance 1 Page 29

31 ATTEST: APPROVED AS TO FORM: RONALD W. FOGGIN, CITY MANAGER LANE P. SHETTERLY, CITY ATTORNEY Ordinance 2 Page 30

32 DALLAS CITY COUNCIL REPORT TO: MAYOR BRIAN DALTON AND CITY COUNCIL City of Dallas Prepared By: Jason Locke, Com Dev Director Approved By: Ron Foggin, City Manager Agenda Item No. 12a Meeting Date: March 6, 2017 Topic: Resolution 3371 Attachments: Yes No RECOMMENDED ACTION: Adopt Resolution 3371 BACKGROUND: In 2007, the Council adopted Resolution 3130, which designated the east side of SW Wyatt Street from W. Ellendale to Forestry Lane as No Parking (across the street from Kingsborough Park). At that time, this stretch of street had only a single residence constructed. This stretch is now fully built out. SW Wyatt Street is approximately 36 in width, with sidewalks on both sides. Staff has tried to ascertain the background of the designation, but there are no background documents or minutes we could find that explain the designation (anecdotally, it may have had something to do with a proposed head in parking plan for the park which has not been implemented). Staff sent letters to the adjoining property owners, and received feedback that supported the removal of the No Parking designation. This Resolution will remove the No Parking designation from the east side of SW Wyatt Street and has been recommended by the PW Committee (their packet is found earlier in the agenda). SUMMARY TIMELINE: Review and recommendation by the PW Committee 2/17 FISCAL IMPACT: Minimal, removal of existing signs. ATTACHMENTS: Resolution 3371 Page 31

33 RESOLUTION NO A Resolution repealing Resolution 3130, a resolution establishing areas on the east side of SW Wyatt Street where the parking of motor vehicles is prohibited. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That Resolution 3130, a resolution establishing areas on the east side of SW Wyatt Street where the parking of motor vehicles is prohibited, be, and it hereby is, repealed. Section 2. The Director of Public Works is directed to remove all signage and other markings indicating the No Parking zone established by Resolution Section 3. This resolution shall be effective upon its passage. Adopted: March 6, 2017 Approved: March 6, 2017 BRIAN W. DALTON, MAYOR ATTEST: APPROVED AS TO FORM: RONALD L. FOGGIN, LANE P. SHETTERLY, CITY MANAGER CITY ATTORNEY Resolution Page 32

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