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CANYONVILLE CITY COUNCIL

MEETING MINUTES

REGULAR SESSION 7:00 P.M.

Monday, May 18, 2015

 

REGULAR SESSION

 

I.                CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

 

Mayor Young called the meeting to order at 7:05 p.m. and all joined in to the Pledge of Allegiance and prayer.

 

II.        ROLL CALL:

 

COUNCIL PRESENT:    Mayor Young,Councilors Boye’, Braudt, Coleman, Loomis, Kovachy, and Russ.

COUNCIL ABSENT:      None.

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

STAFF ABSENT:           None.

 

III.       AGENDA REVIEW AND/OR ADDITIONS:

           

            None

 

IV.       PUBLIC COMMENT:

 

          None.

 

V.        CONSENT CALENDAR:

 

1.      Approval of Regular Session Minutes for April 20, 2015.

 

Councilor Kovachy moved, Councilor Loomis seconded a motion to approve the consent calendar. 

All voted “yes”.  The motion carried.

 

2.      Approval of Financial Reports.

 

Councilor Braudt moved, Councilor Kovachy seconded a motion to approve the financial reports.

All voted “yes”. The motion carried.

 

VI.       PUBLIC HEARINGS:

           

          Administrator Evans explained that a portion of the revenue generated by the state is distributed to Cities on a population based formula.  In order to receive State Revenue Sharing the City must hold two public hearings.  The first public hearing was held before the Budget Committee on May 14, 2015 and the second hearing is tonight.  The purpose of this hearing is to take testimony on the proposed use of the funds.  In the 2015-2016 proposed budget the City’s portion of revenue sharing is utilized in the general fund to assist in payment of the following operations:

 

          Sheriff’s contract                                  $173,820.00

          Parks Department Budget                     $  16,450.00

          Donations                                             $       700.00

 

Mayor Young opened the public hearing to receive any comments on the use of this year’s State Revenue Sharing.

 

No comments received.

 

Mayor Young closed the public hearing.

 

Councilor Braudt moved, Councilor Coleman seconded a motion to spend the $13,000.00 of State Revenue Sharing money in the general fund to assist in payment of the Sheriff’s contract, Parks Department, and Donations. All voted “yes”. Motion carried.

 

VII.      COUNCIL BUSINESS:

 

1.      Resolution No. 627 establishing eligibility to received State Revenue Sharing.

 

The City must provide four or more municipal services in order to be eligible for State Revenues.  Resolution No. 627 certifies to the state that the City provides at least four municipal services.

 

Councilor Loomis moved, Councilor Kovachy seconded a motion to adopt Resolution No. 627 establishing the City’s eligibility to receive State Revenue Funds. All voted “yes”.  Motion carried.

 

2.      Resolution No. 628 election to receive State Revenue Sharing.

 

After the City has certified to the state that they meet the eligibility requirements the City must then declare their intent to receive the money.  Resolution 628 declares the City’s intent to receive State Revenues.

 

Councilor  Loomis moved, Councilor Kovachy seconded a motion to adopt Resolution No. 628 declaring the City’s intent to receive State Revenue Funds.  All voted “yes”.  Motion carried.

 

3.      Appointments to the YMCA Board.

 

The YMCA lease agreement with the City states that there is a 7 member board established for the management of the YMCA.  The YMCA board consists of 3 members appointed by the YMCA, 3 members appointed by the City,  and 1 appointed by the YMCA board.  At this time the City’s representatives Gloria McGinnis, Maggie Junkins, and Clarice Denison terms have expired.  We have received applications from Maggie Junkins, Clarice Denison, Gloria McGinnis, and Max Roberts. The term for these 3 members will be for 3 years and will expire May 31, 2018.

Council reviewed the applications and determined if they should make one motion to appoint all three or make three separate motions to appoint each member.  They decided to make three motions.

 

Councilor Kovachy moved, Councilor Loomis seconded a motion to appoint Max Roberts to the YMCA board as the City’s representative for 3 years, expiring on May 31, 2018.  Mayor Young, Councilor Kovachy, Councilor Loomis, Councilor Russ, and Councilor Boye’ voted “yes”.  Councilor Braudt and Councilor Coleman voted “no”.  Motion carried.

 

Councilor Boye’ moved, Councilor Coleman seconded a motion to appoint Maggie Junkins to the YMCA board as the City’s representative for 3 years, expiring on May 31, 2018.  All voted “yes”.  Motion carried.

 

Councilor Coleman moved, Councilor Loomis seconded a motion to appoint Clarice Denison to the YMCA board as the City’s representative for 3 years, expiring on May 31, 2018.  All voted “yes”.  Motion carried.

4.      Ordinance No. 637 establishing a ban on drinking in the park.

 

In the Spring of 2014 the City encountered a problem with a group of people consuming alcohol in the park.  The behavior of these individuals deterred many of our citizens from utilizing the park.  At the suggestion of Sergeant Bean the City instituted a 6 month moratorium on consuming alcohol in the park which has expired as of December 31, 2014. 

 

According to Sergeant Bean the Ordinance has been very effective in reducing incidents at the park and several Councilors have requested the City consider banning alcohol in the a park on a permanent basis.  Consumption or sale of alcohol would only be allowed within the park with approval of a special event permit.

 

The Council discussed the merits of banning the consumption of alcohol within the park. It appears there is a group starting to gather on a daily basis again.  The ordinance was very successful in eliminating this problem last year.  Superintendent Lakey acknowledged that the banning of alcohol last year cut down on the vandalism in the park.  He further commented that the group is growing in size.

 

Mayor Young asked to make a change to Ordinance No. 637 under the EXCEPTION portion to say a special event permit maybe obtained from the Council instead of having the administrator make the decision. 

 

Councilor Kovachy questioned if people, that would have had comments on this subject, had even seen the notices for this meeting since the notices were only posted 3 days before the meeting.  The notice was posted on the regularly scheduled posting day which is the Wednesday prior to the meeting.

 

Councilor Loomis moved, Councilor Coleman seconded a motion to adopt Ordinance No. 637 banning the consumption of alcohol within the City Park as presented with the amendment to the EXCEPTION portion changing the City Administrator to the City Council and authorize the Mayor to sign it.  Mayor Young, Councilor Kovachy, Councilor Boye’, Councilor Loomis, Councilor Coleman, and Councilor Braudt voted “yes”.  Councilor Russ voted “no”.  Motion carried.

 

5.      Request from Pioneer Days Committee to have a beer garden in the Park.

 

Last year in July the Pioneer Days Beer Garden Committee submitted  a proposal to the Council to move the Beer Garden into Pioneer Park.  The proposal was not approved because Resolution No. 439 which establishes the park rules specifically states the commercial sale of alcohol is prohibited in the Park.  Before the City could approve a request to move the Beer Garden into the park Resolution No. 439 would need to be amended.  Since the next Council meeting was the same week as Pioneer Days there was not sufficient time to amend the resolution and park rules agreement.

 

At the July meeting, a motion was passed to have Council, as part of the park rules review, take into consideration moving the Beer Garden to the Park for 2015 Pioneer Days. 

 

The 2015 Pioneer Days committee is requesting that the City amend Resolution No. 439 and amend the park rules agreement in order to allow the Beer Garden in the Park.

 

Administrator Evans provided all the information from the 2014 meeting on this subject, plus obtained some information from CIS regarding alcohol concessions at a special event and a sample special event permit from the City of Jacksonville who hosts the summer long Britt Festival.

 

Pioneer Days committee member Zack Culbertson, of Canyonville Cigars and Cigarettes, explained the Beer Garden would be constructed between the stage and the fireman’s booth giving patrons access to order food without having to leave the Beer Garden.  This also creates a more secure area to monitor and the committee is hoping this move will generate more income for the Pioneer Days committee. 

 

Council is primarily concerned with the risk of liability to the City, how much insurance would be needed, adequate security for handling intoxicated persons, and abiding by OLCC rules.  Councilor Braudt questioned Zack as to whether this move would deter any of the other food vendors from coming to Pioneer Days.  Councilor Braudt also questioned if the Lions Club insurance would cover the rest of the event if there was alcohol involved.  Their insurance is very specific regarding no coverage for alcohol consumption.  He also suggested Zack find out if Pioneer Days is using the Lions Club insurance without the liquor portion.

 

Mayor Young wanted to clarify if the proposed building would be attached to the Fireman’s booth or if there was a breeze way between them.  Zack responded that the beer booth would be attached to the Fireman’s booth.

 

The City’s insurance agent Pam Young presented some concerns that come with allowing alcohol on City premises and some positive facts as follows:

 

·        With liquor there is always a substantial increase in risk

·        The City cannot eliminate the entire possibility of having a claim but can try to reduce the risk

·        Pam has never had a liquor claim on any of the cities that she covers within her 15 years of business

·        She has had two liquor liability claims against other establishments, but not a city.

·        Liquor liability claims are large due to the fact of bodily injury

·        City of Canyonville has a very good insurance and they have put together a good check list for alcohol.

·        Vendor needs to have general liability insurance and liquor liability insurance in the amounts of $1 million occurrence/$2 million aggregate for general and $1 million of liquor

·        Need a certificate of insurance from vendor naming the City of Canyonville as additional insured

·        Ask questions of vendors about ID checks, handling of intoxiticated persons/fights/disputes, and are all servers trained

 

Councilor Kovachy inquired about if a claim was filed on the City and it was for more than the amount of insurance the City has what would happen.  Pam suggested talking with an attorney to see how they would handle a claim for more than the insurance coverage.

 

Councilor Braudt asked if the council needed to amend the park resolution or an ordinance allowing the sale of alcohol on city property with a special permit from the City.  Administrator Evans reviewed the Ordinances and Resolutions that apply to the Park:

 

·        Resolution No. 439 states under the Park Rules No. 5 – No commercial alcohol sales are allowed.

·        Ordinance No. 625 enacted on May 19, 2014 and expired on Dec 31, 2014 prohibited the consumption of alcohol in the park.  However, it did provide for the consumption of alcohol with a special event permit.

·        Ordinance No. 595 regulated sale of alcoholic beverages within the City.  Section 1 addresses the sale of alcoholic beverages.  Under A (2) it specifically allows the sales of alcohol either on public or private property, where a written authorization or permit has been issued by the City of Canyonville, and where such sales are conducted in conjunction with an event open to the public and in strict compliance with the terms of such authorization or permit.

 

Council would only need to amend Resolution No. 439 and then create a special event permit along with a special event checklist. 

 

Councilor Coleman asked Zack if the Lions club will still allow Pioneer Days to use their insurance if the beer booth is moved into the park.  Pioneer Days committee will have to check with the Lions Club.

 

Councilor Kovachy asked to table the decision until next meeting so he may do some more research and get notices out earlier that the sale of alcohol in the park during special events topic will be on the June agenda. There was a great deal of discussion and it was decided staff would establish a special permit application including the special events checklist to be presented at the June Council meeting. 

 

Councilor Coleman did request looking at the example special events checklist from the packet to determine what should be on the City of Canyonville checklist.  This way Administrator Evans can create the checklist to the Council’s specifications. 

 

Council directed staff to post a public notice regarding Council’s consideration of allowing sales of alcohol within the park, create a special event permit that incorporated the alcohol check list, and a resolution to amend the park rules.

 

6.      Ordinance No. 635 increasing the monthly sewer rate.

 

In January of 2013 the City completed a sewer rate study to determine the rate increases necessary to complete the sewer upgrade and repay the loans.  The plan contained a 5 year rate increase schedule that was adopted by Resolution No. 604.  The plan increased the rate for single family dwellings by $10.00 effective July 1, 2013 and established a $9.00 rate increase for the next 4 years.  This year the rate for single family dwellings will increase to $71.00 and all the other users will be increased by the equivalent percentage of 14.52%. 

 

Because the City’s sewer rates are contained within the Municipal Code, the City Council must adopt a new ordinance each year amending the rate.  Ordinance No. 635 will amend the sewer rate section of the Municipal Code to reflect the new rate.

 

Councilor Kovachy moved, Councilor Loomis seconded a motion to adopt Ordinance No. 635 amending the sewer rate section of the Municipal Code to reflect the new rates.  All voted “yes”.  Motion carried.

 

7.      Resolution No. 631 Small City Allotment Grant.

 

Approximately every two years the Oregon Department of Transportation awards a grant to small cities for a paving project.  This year the City is submitting to overlay SE Canyon Street from Third Street to Fifth Street.  The city engineer estimates the project cost to be $69,920.00.  The City has been saving money in the street fund since 2011 and has enough money to pay the City’s share of $20,000.00.

 

Before the City can submit the grant application the City Council must adopt Resolution No. 631 declaring their intent to submit the proposed project and certifying the project meets the minimum grant requirements. 

 

Councilor Braudt moved, Councilor Loomis seconded a motion to adopt Resolution No. 631 authorizing the submittal of SE Canyon Street from Third Street to Fifth Street for the Small City Allotment Grant.  All voted “yes”.  Motion carried.

 

8.      Ordinance No. 636 changing the start time for Council meetings.

 

At the April 20, 2015 Council meeting it was the consensus of the Council to change the starting time for the meetings from 7:00 pm to 6:00 pm.  Since the actual starting time of the meetings is established in Section 2.22.030 of the City of Canyonville Municipal code it takes the adoption of an ordinance to change the time.

 

Ordinance No. 636 changes the time of Council meetings to 6:00 pm effective July 1, 2015.  The time change could not be effective sooner due to the notices already posted for the budget hearings and the adoption of the Water Master Plan in June.

 

Councilor Coleman moved, Councilor Loomis seconded a motion to adopt Ordinance No. 636 which will amend the Municipal Code to change the start time for Council meetings to 6:00 pm effective July 1, 2015.  All voted “yes”.  Motion carried.

 

9.      Authorize the 9th extension of the contract with the Sheriff’s Department.

 

The City of Canyonville entered into an Intergovernmental Agreement with the Douglas County Sheriff’s Department to provide law enforcement for the citizens of Canyonville in 1998.  A new agreement was drafted in 2006 which provides for a yearly extension of the original contract and a yearly increase in the fee based on the Consumer Price Index.  The Consumer Price Index was averaged at 2.5% which will increase the annual cost to $173,734.21.

 

Councilor Coleman moved, Councilor Loomis seconded a motion to authorize the Mayor to sign the 9th extension of the Sheriff’s contract in the amount of $173,734.21.  All voted “yes”.  Motion carried.

 

VIII.    REPORTS:

 

1.      SHERIFF’S OFFICE

 

Sergeant Bean reported that for the period of 3-16-15 to 4-20-15 the Sheriff’s Department received 134 calls for service.  Of the 134 calls there were 28 arrests, 37 traffic stops, 4 drug arrests.

The period of 4-21-15 to 5-18-15 there were 97 calls for service which resulted in 20 arrests, 25 criminal , 22 traffic, 2 drug arrests and 5 warrants.

Deputy Dan Schwen has been working the grave yard shift in South County and has been doing a great job.  Dan to date has caught 5 people walking around late at night.

 

2.      SUPERINTENDENT’S REPORT

 

Superintendent Lakey reported the following:

·        The April 2015 Water report figures are incorrect.  The next day or two he will be trying to figure out what the problem is and correct it.

·        The contractor has removed the grating on the influent channels as they did not fit properly.  The channels have been covered with plywood.

·        May 12th will be a punch list walk thru to identify work required to finish the project.

·        Disinfection by-product limits have been exceeded and public notices have been posted as required by the Oregon Health Authority Drinking Water Program.  With adjustments the staff has made the 2nd quarter testing results should be within the limits.

·        Water leak on Canyon View has been repaired.  Two more water leaks were identified and repaired in the park irrigation system.  A leaking service line at 290 Sunset Drive has also been repaired.

·        On Thursday a water leak on South Main was reported and staff found it to be an abandoned line.

·        Sewer Plant has been meeting all permit requirements for the month.

·        Several gravel streets have been graded and potholes filled.  Asphalt patching is under way as areas are identified.

·        Right of ways are being weedeated and mowed.

·        Firemen’s Booth was broken into and the fire department will be replacing the door and frame.

 

3.    ADMINISTRATIVE REPORT

 

       Administrator Evans reported the following:

 

·        City is approved for the Rural Development funding package.  Next step is to meet with the RD representative on Friday to get the conditions of the package. Then Council will decide if they will abide by the conditions and accept the funding package.  RD will also be looking at ADA accesses and handicap parking.

·        Most recent discussion with IFA regarding the CDBG grant for $500,00.00 is that with the qualification changes the City no longer qualifies for the grant.  So IFA has offered to increase their grant/loan program to $800,000.00 in loan @ 1.33% for 25 years and $800,00.00 in grant.  Since the grant amount exceeds their grant maximums it will have to be approved by their Board at the August meeting and they have request Administrator Evans attendance.

·        On Tuesday, May 12, 2015 City Engineer Majors, Project Engineer Norrington, Superintendent Lakey, and Administrator Evans did a walkthrough of Phase 1 construction with the contractor and completed a final punch list of work that needs to be accomplished.  The contractor has 30 days to get everything completed.

·        It is that time of year when the City must send out the rate increase notice and a consumer confidence report in the May utility statements.

·        Council public hearing on June 8, 2015 at 7:00 pm to take public comments on the City’s proposed water master plan.

 

IX.       BOARDS, COMMISSIONS AND COMMITTEES

 

None.

 

X.        CORRESPONDENCE/INFORMATION:

1.    Available for Inspection:

a)                Seniors Escorting Seniors –April 2015 Report

 

XI.       ANNOUNCEMENTS:

1.      Planning Commission Regular Session – Wednesday, June 10, 2015 @ 7:00 p.m.

2.      Special Council Session – June 8, 2015 @ 7:00 p.m.

3.      City Council Regular Session & Budget Hearing  – June 15, 2015 @ 7:00 p.m.

 

XII.      ADJOURNMENT

There being no further business Mayor Young adjourned the meeting at 9:25 p.m.

 

Submitted by:                                                                          Approved by:

 

 

___________________________________                                 ________________________________

Dawn Bennett, Finance Deputy Recorder                                Jake Young, Mayor                                  
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