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CANYONVILLE CITY COUNCIL

MEETING MINUTES

REGULAR SESSION 7:00 P.M.

Monday April 21, 2014

 

REGULAR SESSION

 

I.                          CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

 

Council President Braudt called the meeting to order at 7:02 p.m. and all joined in the Pledge of Allegiance.

     

II.        ROLL CALL:

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

COUNCIL ABSENT:      Mayor Deaton.

STAFF PRESENT:         Administrator/Recorder Evans, Public Works Superintendent Lakey, Finance Deputy Recorder Bennett

STAFF ABSENT:           None

 

III.       AGENDA REVIEW AND/OR ADDITIONS:

           

None   

           

IV.       PUBLIC COMMENT:

 

          None

 

V.        CONSENT CALENDAR:

 

1.      Approval of Regular Session Minutes for 03-17-14

2.     Financial Reports

a)     Exenses vs. Budget w/o Encumbered

b)     Payroll Accrual Register

c)     Revenue Analysis

 

Councilor Barton  moved, Councilor Kovachy seconded a motion to approve the consent calendar. All voted “yes”.  The motion carried.

 

VI.       PUBLIC HEARINGS:

            1.  Ordinance 624 establishing a moratorium on Medical Marijuana facilities in the City of Canyonville.

           

Council President Braudt opened the public hearing.  City Administrator Evans read the following memo:

 

In March 2014, the Oregon Legislature passed Senate Bill 1531, which restricts local government regulation of medical marijuana facilities to only time, place and manner restrictions unless a city enacts an Ordinance declaring a moratorium and notifies the Oregon Health Authority of such moratorium by May 1, 2014.

 

Council discussed this issue at the March 17, 2014 meeting and directed staff to draft an ordinance following the model ordinance completed by the League of Oregon Cities and place the item on the April agenda.      

 

Ordinance 624 has been drafted from the model Ordinance completed by League of Oregon Cities and establishes a ban on medical marijuana facilities within the City of Canyonville until May 1, 2015.  Prior to the May 1, 2015 deadline the City will have to come up with rules and regulations for the location of the facilities within the City.

 

According to the Canyonville Charter, an Ordinance may be adopted at a single meeting by title only; provided a copy of the ordinance has been made available to all the Council and the public prior to the meeting and that no Council member requests to have the Ordinance read at the meeting.  A notice of the meeting and copy of Ordinance 625 was posted at the Post Office, Canyon Market and City Hall on April 14, 2014.

 

The Ordinance has been drafted with an emergency clause in order to make it effective prior to the  May 1, 2014 deadline for establishing a moratorium ordinance.

 

Council President Braudt read the Ordinance by title only, “An Ordinance of the City of Canyonville Declaring a Moratorium on Medical Marijuana Facilities, and Declaring an Emergency”.

 

Council President Braudt asked if there was anyone who wished to speak either in favor or opposed to the proposed Ordinance 624.  There were no public comments so Council President Braudt closed the public hearing.

 

Councilor Barton  moved, Councilor Parker seconded a motion to adopt Ordinance 624 establishing a one year moratorium on the location of medical marijuana facilities within the City of Canyonville. All voted “yes”.  The motion carried.

 

 

VII.      COUNCIL BUSINESS:

 

1.        Resolution 616 authorizing the City Administrator to sign change orders for the sewer plant upgrade.

 

City Administrator Evans explained that work is scheduled to begin on Phase 1 of the sewer plant upgrade this month.  The entire phase 1 construction is estimated at $1,835,000.00 with a contingency of $183,500.00.  The City awarded the construction contract to 2KG contractors, out of Portland Oregon, that has a stipulation that all construction work must be completed within 180 days.

 

With a project this large it is not uncommon to have change orders.  A change order is required when ever there is a change in the construction or plans that was not in the bid plans.  Change orders are often time sensitive since they usually arise from an immediate problem on the construction site. Change orders must be issued by the City’s engineer and approved by the City prior to work being performed. If the change orders are not approved in a timely fashion it will result in a delay in completing the project. 

 

The City’s engineer, Dyer Partnership will be on site to perform inspections, interpret plans, review change orders and approve pay requests.  As the City’s engineer they will look after the City’s interest and ensure the work is completed properly.  Therefore, staff is requesting that Council adopt Resolution 616 authorizing the City Administrator and Mayor or Council President to approve and sign change orders up to $5,000.00.  Any change orders in excess of $5,0000 will require Council approval.

 

Councilor Kovachy moved, Councilor Loomis seconded a motion to adopt Resolution 616 authorizing the City Administrator and Mayor or Council President to approve change orders up to $5,000.00 and sign any documents associated with the project.  All voted “yes”. The motion carried.

 

2.        Approval to attend Ovivo MBR Operator’s workshop.

 

The City’s new treatment plant will be a membrane bio reactor (MBR) which is manufactured by Ovivo. Ovivo is holding a membrane operators workshop May 8th & 9th in Austin Texas.  They have generously offered to pay all the expenses for the City to send two operators to the Conference.  The only cost to the City would be the employee’s regular pay for the two days. 

 

According to the City Engineer the conference would benefit the staff by providing additional knowledge on the operation of the membrane systems and what to expect upon conversion.  Many of the speakers are from entities that have recently changed from the traditional methods of treatment to MBRs.  They will share their experiences in making the transition and provide tips on making the conversion more efficient.

 

It is the City Administrators recommendation that Council approve sending Tony Lakey and Rob Siegrist to the Ovivo workshop in Austin Texas since there is no cost to the City.  However, in the future workshops out of state will not be approved if there is a direct cost to the City.

 

Councilor Barton  moved, Councilor Loomis seconded a motion to approve sending Tony Lakey and Rob Siegrist to the Ovivo workshop in Austin Texas provided there is no cost to the City. All voted “yes”.  The motion carried.

 

3.        Amendment of the Engineer’s contract for Phase 1 construction to include the onsite fish biologist.

 

A portion of the Phase 1 project is the repair of the City’s outfall to the Umpqua River.  In order to work on the outfall the City was required to obtain an “in water work permit.”  One of the conditions of the permit was that a fish biologist must be on the site when the contractor constructs and removes the coffer dam. He will also observe the construction to ensure that habitat and aquatic species are not impacted. It is anticipated that the fish biologist will be on site for 5 days.

 

The engineer has located a fish biologist Randy Reeve who is qualified to provide the required services. Mr. Reeve has submitted a proposal to complete the services at a cost not to exceed $6,000.00.  This cost is reimbursable under the grant.

 

The City can either enter into an agreement with Mr. Reeve or have the engineer provide the services through a sub contract with Mr. Reeve.  The most expedient process would be to amend the engineer’s contract to cover the provision of the fish biologist.  The amendment would increase the Engineer’s not to exceed limit from $232,500.00 to $238,500.00.

 

Councilor Loomis moved, Councilor Barton seconded a motion to approve amendment  #1 to Dyer Partnership’s contract to include the cost of the fish biologist not to exceed $6,000.00 and authorize the Mayor to sign the smendment.  All voted “yes”.  The motion carried.

           

VIII.    REPORTS:

 

1.      SHERIFF’S OFFICE

 

Calls for assistance have increased by one third over March 2014 calls.  There were 345 calls for service in Canyonville.  Out of theses calls there were forty criminal cases, eighty-two traffic stops, nine warrants, and eight drug arrests (two for meth, three for heroine, and three marijuana). 

 

One thing that Sargent Bean wanted to pass on to the council is the drinking in the park.  It was suggested to him to recommend council restrict the high content alcohol use in the park.  The Sheriff’s Office has received several calls about people drinking in the park and use of vulger language.  If council were to create an ordiance limiting the use of the high alcohol drinks in the park then the deputies would be able to trespass the violators out of the park for the day or longer if need be.  Right now the park ordinance prohibits intoxication, not consumption of alcohol, and this is why law enforcement is not permitted to do anything with the people drinking alcohol, or being obnoxious and loud.

 

Council asked staff to obtain the ordinance that City of Roseburg passed limiting the alcohol content of beers in the down town area.

 

2.      SUPERINTENDENT’S REPORT

 

Superintendent Lakey has been trying to deal with the people in the park on a daily basis. 

 

Staff  has been able to get some patch work paving completed around town from water line repairs, but  during the bad weather asphalt cannot be made so it will be a while before we are able to get back to paving Hamlin Drive. 

 

The contractor has brought in some equipment and has installed a new gate at the property line to stop the flow of traffic coming in to the sewer plant.

 

Council inquired as to when Pam from Bead Mecca was locking the restrooms at the park.  Superintendent Lakey responded that she is locking them after dark.

 

 ADMINISTRATIVE REPORT

 

YMCA ROOF:  The roof on the YMCA building has been evaluated and found in need of repair.  Three bids have been submitted to the City with the highest estimated cost being $16,000.00.  The $16,000.00 bid included removing skylights and the cross but the other bids did not include those items.  Tony will need to get all the bidders together and make sure he is getting bids for the same thing.  Once we have those we will bring the issue to Council for approval.  For budgeting purposes I have gone with the highest cost of $16,000.00. 

 

CABLE FRANCHISE:  The City has received a draft franchise agreement from Charter Communications.  The City agreed to amend the existing franchise to a month to month agreement in order to provide adequate time to complete a new franchise agreement.  The City has not met with Charter to discuss any franchise agreements since 2012.  All of the Cities in Oregon have been fighting with Charter over their internet and telephone revenue.  Currently the tax is just on the basic cable.  The proposed agreement is a standard agreement that has been approved by most of the Cities.  I am sending the agreement to the attorney for review. Since there have been legal battles over Charter’s Franchise Agreement, I feel it would be beneficial to have the Attorney review it. 

 

PHASE 1 CONSTRUCTION:  The contracts have all been signed and the proceed to work notice has been issued to the contractor.  At the pre-construction meeting the contractor submitted a project schedule.  According to the schedule they will begin work on April 16, 2014, complete the new head works by September 16, 2014, complete the outfall by August 14, 2014  and  complete the new de-chlorination and Alum feed systems by October 16, 2014.  The entire project should be completed by October 31, 2014.

 

WATER MASTER PLAN:  Work is beginning on the water master plan.  Staff is gathering background information for the engineer.  They need daily production records, budgets, water ordinances, maps of the distribution system, plans for the water treatment facility, billing records for the last 2 years, past studies, asset management plan, maintenance plans and zoning map.  Once we have gathered all the records we will meet with the engineers and develop a schedule.

 

BUDGET:  The 2014-2015 budget for the City has been completed!! All we have left to do is make copies for the Council and Budget Committee members.  The document will be ready by the end of the month.  The first budget meeting is scheduled for May 12, 2014.  I think we will end up with more than one meeting since it appears that the bus issue is back.  I just received an email from Cheryl Cheas asking about the meeting and requesting funding.  She has not provided the administrator with an amount yet.

 

4.      BOARDS, COMMISSIONS AND COMMITTEES

 

None

 

Council President Braudt recessed the regular meeting at 8:00 p.m. to reconvene in 5 minutes for the executive session.

 

IX.       EXECUTIVE SESSION

 

Council President Braudt recessed the regular meeting and called the executive session to order based on ORS 192.660 (2)(H) to consult with Counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed.

 

The executive session was concluded at 8:20 p.m. and the regular meeting was reconvened at 8:20 p.m.

 

X.        CORRESPONDENCE/INFORMATION:

1.    Available for Inspection:

a)                Seniors Escorting Seniors –March 2014 Report

 

XI.       ANNOUNCEMENTS:

1.      Planning Commission Regular Session – Wednesday, May 14, 2014 @ 7:00 p.m.

2.      City Council Regular Session – Monday May 19, 2014 @ 7:00 p.m.

3.      Budget Committee Session – Monday, May 12, 2014 @ 7:00 p.m.

 

XII.      ADJOURNMENT

Being no further business Council President Braudt adjourned the meeting at 8:30 p.m.

 

Submitted by:                                                                          Approved by:

 

 

______________________________                                          ________________________________

Dawn Bennett, Bookkeeper                                                      Frank Braudt, President                                               

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