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     City of Canyonville                                                   

250 N Main, Canyonville, OR 97417
         541-839-4258 or 541-839-4020
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Monday August 18, 2014






Council President Braudt called the meeting to order at 7:00 p.m. and all joined in the Pledge of Allegiance.


II.        ROLL CALL:


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

COUNCIL ABSENT:      Mayor Deaton and Councilor Loomis.

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

  Finance Deputy Recorder Bennett.

STAFF ABSENT:           None








Steve Kelly, Superintendent of South Umpqua Schools, handed out invitations to everyone to attend a Focus Group being held on Wednesday, September 3rd, 2014 at 6:30 to 8:00 pm, in the South Umpqua High School library.  The discussion will focus on facility issues within the South Umpqua School District.




1.      Approval of Regular Session Minutes for 07-21-14


Councilor Barton moved, Councilor Kovachy seconded a motion to approve the regular session minutes for 07-21-14.  All voted “yes”.  The motion carried.




1.      Ordinance No. 627 capping the water and sewer franchise fee.


Council President Braudt opened the public hearing for Ordinance No. 627.


Administrator Evans explained that since fiscal year 2010-11 the water and sewer funds have only been charged a flat fee of $15,000.00 for franchise fees.  According to Ordinance No. 587 the fee should have been 5% of the net revenue collected two fiscal years previous after deductions have been made for all outstanding debt service.  This would make the franchise fee approximately $19,000.00 for water and $28,000.00 for sewer.  Since the City has had to raise rates for the last 4 years in order to cover the operational expenses for the water and pending sewer plant project it does not seem appropriate to raise the franchise fee. 


A clause has been added to the ordinance that if Council deems it appropriate this ordinance maybe amended to remove the cap.  Ordinance No. 627 would repeal Ordinance No. 587 and would also provide a cap on the franchise fee for water and sewer at $15,000 each.


Councilor Parker stated that at the time the City negotiated the franchise fee for Avista the goal was to have all the utilities at the same percentage.  Administrator Evans responded that the Avista fee increase made them consistent with the other utility franchises such as cable and electric, and she had not included the water and sewer franchise.


Councilor  Barton commented that the 5% would mean more money for the General Fund and less money for the Water and Sewer Fund.


Councilor Coleman remarked that the City has had to raise sewer rates to qualify for the grants for the sewer upgrade project so why would we want to raise the franchise fee more?


Councilor Braudt mentioned that each yearly sewer rate increase has to be transferred into the Water and Sewer Capital Reserve Funds through the budget process.


            Councilor Braudt asked if there was anyone who wished to comment on the ordinance.

There were no public comments so Council President Braudt closed the public hearing.


Councilor Kovachy moved, Councilor Parker seconded a motion to adopt Ordinance No. 627 (An Ordinance of the City of Canyonville Creating a New Franchise Fee Rate for Water and Sewer and Repealing Ordinance 587) which repeals Ordinance No. 587 and caps the franchise fee for the water and sewer at $15,000.00 per utility per year.  All voted “yes”.  The motion carried.


2.      Ordinance No. 628 amending the design standards for fire hydrants.


Council President Braudt opened the public hearing for Ordinance No. 628.


The Canyonville Municipal Code Chapter 16 sets all the design standards for all public improvements within the city.  Section 16.05 establishes design standards for the water and section 16.05.032 outlines the standards for the installation of new fire hydrants.


It was discovered that the design standards listed in the code are not the same as the standards established by the Fire District.  The ordinance needs to be amended to reflect the Fire District’s standards which is two 2 ½  inch ports and one 5 ¼ inch port. The current standard specifies two 2 ½  inch ports and one 4 ½ inch port.


Councilor Parker questioned whether the existing fire hydrants are grandfathered in under these new design standards.  Administrator Evans responded yes they are.


            Councilor Braudt asked if there was anyone who wished to comment on the ordinance.

There were no public comments so Council President Braudt closed the public hearing.


Councilor Barton moved, Councilor Kovachy seconded a motion to adopt Ordinance No. 628 (An Ordinance of the City of Canyonville Amending Section 16.05.032 of Chapter 16 Design Standards for Fire Hydrants) amending the design standard for fire hydrants to require two 2 ½  inch ports and one 5 ¼ inch port.

All voted “yes”.  The motion carried.




1.      Resolution No. 624 abolishing the donation policy for annual donations.


At the July 21, 2014 meeting Council discussed the existing donation policy and whether they wished to continue the policy or not.  Upon the conclusion of the discussion it was the consensus of Council to abolish the donation policy and each year review all donation requests.  It was also suggested that there be a deadline for donation submittals.  Administrator Evans suggested a deadline of January 15th for donation requests to give the staff and budget committee time to figure the requests into the budget.


Resolution No. 624 will abolish the old donation policy and establish the new policy and deadline.


Councilor Barton moved, Councilor Coleman seconded a motion to adopt Resolution No. 624 (A Resolution of the City Council of the City of Canyonville Formally Establishing a Donation Policy) abolishing the prior donation policy and provided for the funding of donations on a case by case basis each year.  All voted “yes”.  The motion carried.




2.      Hard rock excavation claim.


On July 22, 2014 City administrator Evans, Councilor Braudt, Public Works Superintendent Lakey, City Engineer Majors, Project Coordinator Simmons and Project Inspector Norrington met with Mario Lipari from 2KG, the contractor of the phase 1 sewer plant upgrade project, to discuss the potential change order in question.  At the time 2KG submitted their bid it was based on a review of the construction plans and they did not read the bid documents which referenced the geotechnical report that clarified that the sandstone was actually hard rock. As a result their bid did not account for the hard rock excavation cost.  The change order is in the amount of  $20,181.00, which covers payroll for the extra days it took to excavate the hard rock and rental of a larger excavator and hammer. 


The City did not receive notice of the potential change order until May 14, 2014, which was after the equipment had been rented on April 29, 2014 and after all work had been completed.  According to the terms of the Community Development Block Grant, the city cannot get reimbursed for any work that has been done prior to approval from IFA.  Mr. Lipari was not aware that there was a communication breakdown between their Portland office and the crew on site.  It is Mr. Lipari’s hope that the City will be flexible about the situation since it was their desire not to delay the work and keep the project on schedule.


City Administrator Evans talked with Fumi Schadt of IFA regarding this issue and she explained that it might be possible for the City to get reimbursed but it would create a black mark on our record and could make it difficult to get the needed grant money for phase 2 funding.  It is Administrator Evans recommendation for the City to pay half of the change order amount of $10,202.00 for the equipment rental and fuel, to be paid at the end of the project. The main reason for paying a portion of the bill is because the work has been done and the City does not want a reputation of not dealing fairly with contractors.  A poor reputation could negatively affect bids from other contractors on phase 2 project.


Councilor Parker understands that this extra cost was needed but is concerned that there may be more excavation required on this project.  Superintendent Lakey conveyed that there is some more excavation work to be done but will not be going to the depth they had to for the head works. 


Councilor Kovachy felt unsettled about the fact that at bidding time 2KG did not review the entire bid document properly.  How many more things could they have missed. 


Councilor Braudt and Administrator Evans are confident that 2KG totally understands that no work can be done before a change order is approved by the City and funding agency.


Councilor Parker questioned which fund would be utilized to pay the bill?  Administrator Evans stated it would be coming out of the Sewer Capital Reserve Fund.


Councilor Barton moved, Councilor Coleman seconded a motion to reimburse 2KG in the amount of $10,202.00 for the equipment rental and fuel, and pay them at the end of the project from Sewer Capital Reserve Funds.  All voted “yes”.  The motion carried.


3.      Award Bid for the repair of the YMCA roof.


On July 17, 2014 Superintendent Lakey sent out a request for bids of replacement on the YMCA building.  The bid requirements were as follows:

·        30 year architectural shingles

·        Hand nailed

·        ASTM 15 lb felt

·        Tear off and dispose of old shingles

·        Installation of flashing and vents

·        Removal of the skylight and filling the hole with like material


The bids were sent to Diamond Roofing, Dobson Roofing, North River Roofing and Roseburg Roofing.  The City only received two bids which were from Dobson Roofing for $15,600.00 and Diamond Roofing for $13,592.00.  Staff is recommending that council award a contract to the low bidder Diamond Roofing.


Councilor Parker recalls that the lease agreement has a clause that the YMCA contributes $1,000.00 a year to a fund set up by the City and the City shall contribute $1,000.00 a year also.  He questioned if the money in this fund would cover the cost of the new roof.  Administrator Evans responded that there is not enough money in the fund as it has been spent on insurance premiums and miscellaneous improvements each year.  However, the roof repair was budgeted in the building reserve fund.  Also in the agreement, as Ed recalled, there was a clause saying that for major repairs the YMCA would eventually be responsible due to their ability to fund raise and the City is not able to. 


Councilor Parker requested Council table awarding the bid for the YMCA roof repair so the YMCA lease can be reviewed by staff and Council to make sure who is responsible for the cost.  Administrator Evans asked if Council could take a short break while she goes to make copies of the lease for all to review tonight, as waiting till next months meeting will result in delaying the repairs till September and that is when the rainy weather starts.


            Council President Braudt called for a short break @ 7:39 pm.

            Administrator Evans suggested having the Sheriff’s report while waiting for her to return with the YMCA lease.

            Council President Braudt reconvened @7:40 pm to continue with the Sheriff’s report. 



As Deputy Bean was not present at the last council meeting; he gave the June and July reports.

As of June 2014 the Sheriff’s Office received 372 calls for service.  Out of those calls there were 47 criminal cases, 3 drug arrests, 42 traffic violations, and 8 warrants served.

In July 2014 they received 333 calls of which 36 were criminal cases, 9 drug arrests, 48 traffic violations, and 9 warrants served. 

They are getting geared up for Pioneer Days Celebration this week.  Also thanked the City for their work on the drinking in the park.  The City of Riddle has followed Canyonville’s lead and permanently banned drinking in their parks. 


            Council President Braudt called for a break @ 7:43 pm.

            Council President Braudt reconvended @ 7:51 pm.


                  Administrator Evans returned with copies of the YMCA lease agreement.

                  YMCA Lease Agreement with the City of Canyonville dated April 1, 2008, reads as follows:

                        8.1       City’s Obligations. The following shall be the responsibility of the City:

8.1.1     Repairs and maintenance of the roof, exterior walls, structural members, foundation, heating, and air conditioning systems.

8.1.4     The obligations contained in this paragraph 8.1 are subject to availability of funds in the City Community Center Fund.  City agrees to fund all such obligations up to and including the entire amount available in the City Community Center Fund at the time any repairs and/or maintenance are to be made, plus a matching amount in any given lease year not to exceed the amount paid to City in that lease year pursuant to Section 8.2 hereof.  Such matching amount shall not exceed $1,000.00 in any lease year except upon approval by the City Council of the City of Canyonville.

8.2  Tenant’s Obligations.  The following shall be the responsibility of the Tenant:

8.2.1     Repair of interior walls, ceilings, doors and windows and related hardware, light fixtures,    switches, and wiring and plumbing from the point of entry into the building.

8.3       It is understood and agreed that City will have no obligation to fund its portion of any repair or maintenance costs which are in excess of the amounts set forth in Section 8.1.4 of this agreement, and that it may rely on fundraising activities of Tenant to produce any and all amounts over and above the Section 8.1.4 amounts which may be necessary for completion of repairs and maintenance; however, Tenant shall have no affirmative duty to conduct such fundraising activities.


      Councilor Parker and Councilor Kovachy requested the awarding of the bid for the repair of the YMCA roof be tabled until staff can do additional research.





Public Works has been running the water plant at a lower gallon per minute rate which makes the plant run longer but less water escapes past the intake.  Currently running at 380 gallons per minute with the plant running approximately 18 hours per day.  This is helping to keep the storage level up in Win Walker reservoir.


There is still a leak on 1st Street that public works crew is in the process of repairing.


Superintendent Lakey went to Salem last week to observe the testing of the 100kw generator for the sewer plant.  It looks like brand new unit which has around 3300 or 3400 hours on it.  It has been in the rental fleet which receives continuous servicing and looks to be the right machine for the City.  He is waiting for the test results report.


Council asked if the City is looking for a replacement operator for the water plant since the current operator will be retiring in October 2014.  Superintendent Lakey is in the process of writing the job announcement at this time.




To date the City has approved 5 change orders for a total cost of $23,905.00.  The sewer plant project is approximately 63% complete.


The Rural Development Application has been completed and submitted.  Rural Development is in the process right now of replacing their engineer, who left.  This may cause a delay in order to be able to begin the application process.  They have to find someone who may be familiar with the application the City submitted.


Last day to file for the Mayor or three Council positions is Tuesday, August 29, 2014 by 4:30 pm.


Council agreed to the request of the Pioneer Days Committee to allow the marshmallow guns to be sold at Pioneer Days with the following restrictions:

1.      There will be no sale of marshmallows by any vendor in the park.

2.      The marshmallow guns may only be sold to adults.

3.      There will be no shooting of the marshmallow guns allowed within the park.

4.      The Pioneer Days committee will be responsible for the enforcement of the prohibition on shooting the guns within the park.  The City will be provided with a list of the names of the people responsible for the enforcement and all complaints will be sent to those individuals.  If the enforcement becomes an issue or the marshmallows become a mess, the vendor will cease the sale of the guns immediately.

5.      A $100.00 cleaning deposit for the marshmallows will be paid to the City.





1.    Available for Inspection:

a)                Seniors Escorting Seniors –July 2014 Report



1.      Planning Commission Regular Session – Wednesday, September 10, 2014 @ 7:00 p.m.

2.      City Council Regular Session – Monday September 15, 2014 @ 7:00 p.m.



There being no further business Council President Braudt adjourned the meeting at 8:08 p.m.


Submitted by:                                                                          Approved by:



______________________________                                          ________________________________

Dawn Bennett, Finance Deputy Recorder                                Frank Braudt, Council President                                                 

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