Minutes of the Reedsport City Council Regular Session April 5, 2004, 7:00 P s2

MINUTES OF THE REEDSPORT CITY COUNCIL REGULAR SESSION JUNE 6, 2005, 7:30 P.M. CITY HALL COUNCIL CHAMBERS.

PRESENT: Mayor Jim Hanson

Councilors Ruth Hash, Mike Macho, Bill Otis, Garth Pollard, Bill Walker, and Stan Washington

City Manager Pro Tem, Robert Gross

City Attorney, Steve Miller

STUDENT COUNCILORS: Alisha Lacewell and Andrew Merschel

OTHERS PRESENT: Sheri Aasen, Ed Allumbaugh, Tom Allumbaugh, Sid Boddy, Merv Cloe, Floyd Dollar, Annette Duncan, Diane Essig, Janelle Evans, Twinkie Goorhuis, Tom Hedgepeth, KCBY, Vera Koch, Mike Kortenhof, John Lechuga, Ed Lienum, Charlotte Manfull, Ron Mast, Debbie McKinney, Jim Mix, Linda Mix, Charlie Murphy, Dee Dee Murphy, Brad Musick, Diane Novak, Bob Olstrom, Rick Osborn, Sandra Reese, Rubin, Izzy Sawday, Dennis Swartz, Roy Swift, Tom Tymchuk, Keith Tymchuk, Jennifer Tymchuk, Jeff Vanderkley, Dan Welch, and Shirley Welch

MEETING CALLED TO ORDER:

PLEDGE OF ALLEGIANCE:

CITIZEN COMMENTS:

This time is reserved for citizens to comment on items that are not on the Agenda. Maximum of five minutes per item, please.

Mr. Tom Tymchuk said that the City needs to start to heal and to stop bad-mouthing Board members. He said that the City Council should show their support now and vote to not support the recall.

Mr. Dennis Swartz said that this Country was founded on controversy and that we need to let the people speak.

PRESENTATION: Certificate of Appreciation presented to Dan Welch for 23 years of service to the City of Reedsport.

CONSENT CALENDAR:

Routine items of business that require a vote but are not expected to require discussion by the Council are placed on the Consent Calendar and voted upon as one item. In the event that a Councilor or citizen requests that an item be discussed, it will be removed from the Consent Calendar and placed on the Business Agenda.

1. Approve minutes of the Work Session of May 2, 2005.

2. Approve minutes of the Regular Council meeting of May 2, 2005.

3. Shall the City Council Adopt Resolution 2005-007 Designating a Small Cities Allotment (SCA) Project for 2005 / 006? (Council Letter 005-041)

The Oregon Department of Transportation (ODOT) administers the Small Cities Allotment (SCA) program wherein cities under 5,000 population are allocated up to $25,000 on a competitive basis for street repair or reconstruction. Projects are scored on the basis of traffic volume, surface condition, population growth, and years since last project. In the past, Reedsport has received SCA funding for Frontage Road, Ranch Road, 16th Street and Hawthorne Avenue, the 10th Street Rehabilitation Project and most recently Longwood Drive.

City Council Minutes of June 6, 2005 Page 1 of 11 City staff has identified potential projects for the next allotment period (the year 2005 - 006). Based on the criteria, the project, which has the best chance of competing successfully, is East Railroad Avenue from Riverfront Way to 5th Street. This portion of East Railroad Avenue is a well-traveled route, especially for emergency vehicles. It is, however, maintained by the City of Reedsport. The project would consist of installation of curb and gutters as well as other stormwater drain system elements and road base construction or repair with paving overlay. The cost of the entire project is estimated at $31,400. If the SCA were to be approved for this project, the portion of East Railroad Avenue in the project area would be straightened, and improved, thereby adding to the ease of emergency equipment transiting the area, as well as improved access to the Umpqua Discovery Center, other businesses on the riverfront and both recreational boat launching ramps.

This is the second time this project has been designated for possible SCA funding.

A proposed Resolution has been drafted, requesting funds for repair and reconstruction of East Railroad Avenue from Riverfront Way to 5th Street, in order to qualify for the award of an allotment under the SCA program. If the City were to be awarded this allotment in 2005 it is anticipated that the project would be accomplished in the Spring and Summer of 2006.

It is recommended that the Council adopt a Resolution designating a Small Cities Allotment Project for 2005 / 006, requesting funds for repair and reconstruction of East Railroad Avenue from Riverfront Way to 5th Street; and that Resolution 2005 – 007 be assigned as the title.

* 1. Adopt a Resolution designating a Small Cities Allotment Project for 2005 / 006, requesting funds for repair and reconstruction of East Railroad Avenue from Riverfront Way to 5th Street; and assign Resolution 2005 – 007 as the title.

4. Shall the City Council adopt Resolution revising the City of Reedsport Personnel Rules and Regulations? (Council Letter 005-042)

At the regular Council meeting of June 5, 2000 the Council adopted a Resolution amending the City of Reedsport Rules and Regulations (PRR) incorporating revisions to the employee Health Insurance Plan. The plan and premiums are addressed in Section 42 of the PRR, and the section requires updating to conform to the previously adopted schedule.

A draft Resolution has been prepared amending the PRR to reflect the required updated changes.

It is recommended that the Council adopt a Resolution revising Section 42 of the City of Reedsport Personnel Rules and Regulations; and assign Resolution number 2005-008 as the title.

*1. Adopt a Resolution revising Section 42 of the City of Reedsport Personnel Rules and Regulations; and assign Resolution number 2005-008 as the title.

5. Motion to approve the Consent Calendar.

Councilor Walker moved that the City Council approve the consent calendar as presented.

Councilor Pollard seconded the motion.

MOTION:

that the City Council approve the consent calendar as presented

A vote was taken on the motion with the following results:

AYES 7 NAYES 0 (Mayor Hanson, Councilors Hash, Macho, Otis, Pollard, Walker and Washington voted in favor of the motion.)

City Council Minutes of June 6, 2005 Page 2 of 11 The motion passed unanimously.

Student Councilors Lacewell and Merschel cast advisory votes in favor of the motion.

BUSINESS AGENDA: Rules for receiving public input on Business Agenda items are available at the meeting.

1. Motion to approve the Business Agenda.

Councilor Macho moved that the City Council approve the business agenda as presented.

Councilor Walker seconded the motion.

MOTION:

that the City Council approve the business agenda as presented

The motion passed unanimously.

Regular Business:

1. Shall the City Council approve the amended MAO (Mutual Agreement Order) schedule with DEQ (Dept. of Environmental Quality) for the Wastewater Facility? (Council Letter 005-043)

On April 14, 2004 the City of Reedsport and DEQ entered into a MAO to settle past violations and to limit and resolve ongoing future violations. The agreement included a schedule for the completion of the required improvements. According to the schedule in the MAO the City was to submit a pre-design engineering report by April 1, 2005.

On April 27, 2005 the City received a letter from DEQ advising us that since the City has fallen behind schedule we could be fined up to $250.00 per day. However, DEQ is willing to work with the City to amend the time schedule provided the City continues to move forward on the project.

A simplified schedule for completing the required improvements was presented to the Council. The improvements have been broken down into three basic sections:

 Collection system rehabilitation (2006-2007)  Non flow related treatment plant improvements (2007-2008)  Flow related treatment plant improvements if necessary (2009-2010)

The schedule shows beginning the collection system rehabilitation as soon as possible by correcting known deficiencies in the Juniper Street basin, followed by additional collection work in the Arthur/Bowman Rd. While the City is completing and evaluating the collection system work, we will also begin some of the work on the non flow related improvements to the treatment plant. Once all the collection work has been completed and evaluated the flow related improvements will be evaluated for necessity and sizing.

City Council Minutes of June 6, 2005 Page 3 of 11 It is recommended that the City Council approve the general time schedule for the required improvements and authorize staff to submit a detailed schedule to DEQ.

Mr. Brad Musick, representative from Kennedy & Jenks, presented the amended MAO schedule and advised that DEQ has approved the amendment. He also stated the benefits of having an MAO which are: (1) No DEQ enforcement of past violations, (2) Relaxed discharge limits, (3) Allows additional sewer connections, and (4) Schedule to make improvements.

Mr. Tom Hedgepeth said that the Council should move to approve the amended MAO and the contract with Kennedy & Jenks. The City needs more building, as there is a demand, and the future building can pay the bill.

City Manager Pro Tem Bob Gross read a letter from Fred Wahl stating that he is concerned for the health of his 45 to 60 employees and the City needs to stand up and do something. There is a strong odor and small flies that may be causing health problems and if not taken care of he may not be able to continue to work in Reedsport.

Councilor Hash moved that the City Council approve the general time schedule for the required improvements and authorize staff to submit a detailed schedule to DEQ.

Councilor Macho seconded the motion.

MOTION:

that the City Council approve the general time schedule for the required improvements and authorize staff to submit a detailed schedule to DEQ.

AYES 6 NAYES 1 (Councilors Hash, Macho, Otis, Pollard, Walker and Washington voted in favor of the motion.) (Mayor Hanson voted against the motion)

The motion passed.

Student Councilors Lacewell and Merschel cast advisory votes in favor of the motion

2. Shall the City Council approve a contract for Kennedy & Jenks to provide design and construction management for the collection system repair and Wastewater Treatment Plant upgrades? (Council Letter 005-044)

At the regular City Council meeting of May 2nd, the Council authorized the selection committee to begin negotiations with Kennedy & Jenks Engineers to provide engineering services for the collection system repairs and wastewater plant upgrades.

The committee met with representatives from Kennedy & Jenks to determine the scope of work and the cost for engineering. It was the consensus of the group that the best way to structure the contract would be according to the following phases:

 Phase I Preliminary design and value engineering  Phase 2 Detailed Design and Bid period services  Phase 3 Construction Services.

Consistent with Council direction, the initial engineering contract would only consist of Phase 1. The work in Phases 2 & 3 would be authorized through contract amendments approved by the Council.

City Council Minutes of June 6, 2005 Page 4 of 11 A specific scope of work has been identified for Phase I. This scope consists of the following major items:

 Preliminary design for collection system and treatment plant improvements.  Value engineering  Environmental assessment as required by project funding.  Preparation of a revised project schedule to amend the MAO with DEQ  Geotechnical investigations  Preparation of bid documents for sewer rehabilitation in the Juniper Street basin. Moving ahead with rehabilitation of sewers in the Juniper Street basin is consistent with the overall project approach to correct known collection system deficiencies. Authorizing engineer work now will allow sewer rehabilitation construction to proceed during fall 2005 through summer 2006.

The detailed scope of work and fees for Phase 2 & Phase 3 will be negotiated prior to the commencing any work and will be brought to the Council for approval. A general description of the services that will be provided for these phases has been included in this agreement. The City Attorney has reviewed the contract and recommended a few changes.

It is the recommendation of the selection committee that the City Council approve a phased contract with Kennedy & Jenks and authorize the services for Phase 1 at a cost not to exceed $430,000.00.

Mayor Hanson expressed concerns about signing a contract without first seeing it. Councilors Pollard and Walker agreed with the Mayor.

Councilor Washington said that he is concerned with DEQ and that the project needs to move forward. He also said that the contract is being reviewed by the City Attorney and is confident that he has the City’s best interest. Councilors Otis, Hash, and Macho agreed with Washington.

Mayor Hanson asked City Attorney Miller questions regarding the contract. He also said that he did not agree with the bid process. He felt that a pool of qualified engineers should have bid the project and not just have a bid for qualifications with no price.

Community Services Director Janelle Evans said that would be difficult to do with engineers because the scope of work is not defined narrow enough and when requesting for qualifications, according to state law, you cannot ask for a dollar amount.

Councilor Macho moved that the City Council approve a phased contract with Kennedy & Jenks and authorize the services for Phase 1 at a cost not to exceed $430,000.00 and authorize the Mayor to sign the contract after the City Attorney has approved the contents.

Councilor Hash seconded the motion.

MOTION:

that the City Council approve a phased contract with Kennedy & Jenks and authorize the services for Phase 1 at a cost not to exceed $430,000.00 and authorize the Mayor to sign the contract after the City Attorney has approved the contents.

AYES 4 NAYES 3 (Councilors Hash, Macho, Otis, and Washington voted in favor of the motion.) (Mayor Hanson, Councilors Pollard and Walker voted against the motion)

The motion passed.

City Council Minutes of June 6, 2005 Page 5 of 11 3. Public Hearing to adopt municipal operating budget for Fiscal Year 2005 / 006. (Council Letter 005-045)

4. Shall the City Council adopt a Resolution adopting the Fiscal Year 2005 / 006 Operating Budget and the Capital Improvement Plan? (Council Letter 005-045)

Mayor Hanson opened the Public Hearing.

Mayor Hanson advised of the public hearing procedure and asked if any Council members had any conflict of interest. None indicated.

City Manager Pro Tem Bob Gross presented the staff report:

At the regular Budget Committee meeting of April 25th, the Reedsport City Budget Committee approved a budget totaling $20,437,680 for Fiscal Year 2005 / 006. The Budget Committee approved the permanent levy rate of $6.1882 per $1,000 of assessed valuation.

A summary of this approved budget and a notice of the public hearing to consider the budget was published in the City newspaper of record on May 18, 2005.

At the Council meeting, a public hearing will be held for the Council to consider final adoption of the budget for fiscal year 2005 / 006. State statute requires that a budget be adopted before June 30th of each year. Additional meetings can be scheduled if the Council wishes to consider any additional information. The budget also contains the five-year Capital Improvement Plan for the City.

It is recommended that the Council adopt a Resolution adopting the Fiscal Year 2005 / 006 Operating Budget and the Capital Improvement Plan; and that Resolution 2005-009 be assigned as the title.

Mr. Sid Boddy, Chair Budget Committee, advised that there was little change in the budget. He also noted that there was no cuts, as there is nothing left to cut. He said that the Budget Committee approved the funding for the wastewater project.

Mayor Hanson asked if anyone in the audience wanted to speak in favor or against the 2005/2006 operating budget. None indicated.

Mayor Hanson closed the public hearing.

Councilor Macho moved that the City Council adopt a Resolution adopting the Fiscal Year 2005 / 006 Operating Budget and the Capital Improvement Plan; and assign Resolution 2005-009 as the title.

Councilor Hash seconded the motion.

MOTION:

that the City Council adopt a Resolution adopting the Fiscal Year 2005 / 006 Operating Budget and the Capital Improvement Plan; and assign Resolution 2005-009 as the title.

City Council Minutes of June 6, 2005 Page 6 of 11 5. Shall the City Council declare an emergency and authorize the permanent repair of the View Street storm water line? (Council Letter 005-046)

Over the past few years the storm water line at the east end of View Street has been deteriorating. This line runs from South Hill Street to the north side of View Street. The pipe has deteriorated to the point where water runs outside the pipe and has caused significant water damage to the residence at 955 View Street. There was a small mudslide that has cause damage to the carport, retaining wall and cause water to stand in the rear of the residence.

Staff initially tried to remedy this situation with a slip line inside the existing metal pipe. While there was a little improvement, water continued to leak out of the existing pipe which continues to stand in the backyard of 955 View Street. The owner has been patient in the past but is becoming unhappy with the continued water damage to his property.

Staff has met with the City Engineer, Steve Majors and reviewed options to eliminate the problem. He recommended curing in place. Based on Steve’s recommendation, Staff contacted Gelco Pipe Services and C-More Pipe. Both came to the site and reviewed the work that needed to be done. Gelco Pipe Services informed us that they could not do the work due to the make-up of the corrugated pipe. C-More Pipe indicated they could repair the existing pipe at a cost of approximately $20,000. This is the same company that repaired the wastewater line under the Schofield Creek.

Section 2.16.090 of the Reedsport Municipal Ordinance grants Council authority to exempt a contract from the competitive bid process if they determine emergency conditions require prompt execution of the contract. Based on the information that we received from Gelco Pipe Services it appears the competitive bid process would just delay the project. Typically it takes 30 to 40 days to complete a bid process.

Staff recommends that the Council declare an emergency and authorize the Mayor to execute a contract with C-More Pipe for not more than $25,000.00.

Councilor Macho moved that the City Council declare an emergency and authorize the Mayor to execute a contract with C-More Pipe for not more than $25,000.00.

Councilor Pollard seconded the motion.

MOTION:

that the City Council declare an emergency and authorize the Mayor to execute a contract with C-More Pipe for not more than $25,000.00.

6. Shall the City Council authorize the expansion of the skate park at Lion’s Park ? (Council Letter 005-047)

On June 2, 2003, City Council approved a MOU with the Reedsport Activity Park, Inc. for the installation, operation and maintenance of the Reedsport Skate Park. This MOU was approved after extensive discussions between the City and the Reedsport Activity Park, a public hearing, and area residents being given the opportunity to respond in writing and in person.

City Council Minutes of June 6, 2005 Page 7 of 11 The park was constructed during the summer of 2003 and on April 5, 2004, City Council adopted a resolution authorizing the Reedsport Skate Park as an area used by the public for recreational purposes.

On May 9, 2005, City Staff met with a representative of the Reedsport Activity Park who presented an expansion proposal for the skate park. The expansion is approximately 100 feet of concrete at the Highway 101 end of the skate park that will be used to provide an area for smaller aged children to skate reducing the interaction between smaller and younger skateboarders and the older skateboarders. The Reedsport Activity Park estimate the cost of the expansion at approximately $25,000 and indicate they have already secured the funding for this project.

Staff recommends that the Council consider authorizing the proposed expansion of the Reedsport Skate Park at Lion’s Park.

Councilor Hash expressed concerns regarding the neighborhood while construction was taking place.

Councilor Macho expressed concerns with the on-gong problem of trash in the area.

Councilor Walker moved that the City Council authorize the expansion of the Reedsport Skate Park at Lion’s Park.

Councilor Otis seconded the motion.

MOTION:

that the City Council authorize the expansion of the Reedsport Skate Park at Lion’s Park.

Future Business: 1. (none)

Miscellaneous Items: (Mayor, Councilors, Student Councilors, City Manager, City Attorney)

Councilor Hash congratulated the student councilors for their service on the City Council.

City Manager Pro Tem Bob Gross reported on the following:

Early in May, we replaced the City’s server in order to eliminate our back-up problems and everything has become much more reliable.

Thursday, May 5th, was the second meeting of the Charter Review Committee meeting. The committee continues to move through the Charter identifying those areas they want to study more at future meetings.

May 10th we saw over three inches of rain causing some local flooding especially in the downtown area. You will recall we had trouble with the pump at the Elm Street Pump Station and it had been pulled for repairs. The portable pump did the best it could and when the rain did

City Council Minutes of June 6, 2005 Page 8 of 11 slow down it was able to keep up. Dan reports that the Elm Street Pump Station is back in operation. The good news is that it only cost $3,800 to repair. The problems were caused by debris in the impeller. Crews worked to dredge out the pond and remove debris that will allow for more water flow into the pump. The water level already has dropped by 2 feet and he still needs to remove debris around the screens and replace one side of the screen. Once all of this is done we believe this should eliminate the downtown flooding problems. This is a good thing since the owner of the buildings north of City Hall sent us a letter that I will share with Council during Executive Session.

Portia got some great news on funding for the new wing at the Discovery Center. The Umpqua Discovery Center Treasure Chest received a $25,000 grant from the James F. and Marion L. Miller Fund of the Oregon Community Foundation. This is exciting news and puts us at 86% of our needed funds to complete the natural history exhibits.

Floyd reports that the heavy rain we experienced on May 10th led to permit violations at the Wastewater Plant. On Monday, May 9th, we received .6 inches of rain and the flow was .792 M.G.D. On Tuesday the 10th we received 3.5 inches with a flow of 2.439 M.G.D. and on Wednesday the 11th we received .5 inches of rain with 2.308 M.G.D. Tests run on Wednesday May 11th show that we were in violation of our Summer Permit Requirements (took effect May 1st) in Total Suspended Solids and Removal Efficiency. Our daily maximum total suspended solids are 320 pounds and we discharged 616 pounds. We are also required to meet an 85% removal efficiency on total suspended solids and ours was 70%.

The week of May 24th, the Police Department sponsored a Firearms Instructor Training class for the Range 3000. This is a computer program that is projected on a screen and presents different scenarios for officers to deal with. The common term is "Shoot-Don't Shoot" Now we have a certified instructor that can use the equipment to run our officers through the training. We also graduated 10 people from the Citizen's Academy and most have expressed and interest in becoming volunteers. We also took them through the firearms training simulation after their graduation.

Also this month, Janelle reports we received a complaint from Fred Wahl Marine regarding the smell at the plant. The complaint was the smell is over powering and making them sick. Janelle checked with Robin to see if anything could be done. He said he couldn't stop the process now or they would basically need to start over and then the smell will be even longer. They are trying to mix the sludge so that we can begin hauling in June. Janelle called them back and informed them that unfortunately there was nothing we could do at this point. She also let them know that part of the sewer plant upgrades is to get rid of the surface aerators and go to the fine bubble diffusers which would eliminate the odor and bug problem. They wanted to know when the City would get on with the project and assured them that we are doing our very best to move the project forward.

With the retirement of Dan Welch at the end of June, we needed to have someone in place to supervise Streets and Stormwater. We talked with Floyd Dollar and he agreed to take the assignment on a temporary basis. This is being done so the new City Manager can make their own decision as to how to deal with the vacancy. We did adjust his pay to compensate him for his new duties.

This past weekend, the Police Department conducted the first of several Pedestrian Enforcement Emphasis days. The target area is Highway 101 between 22nd & 19th. This program is funded through a grant and should improve pedestrian safety in the target area.

EXECUTIVE SESSION OF THE REEDSPORT CITY COUNCIL JUNE 6, 2005, CITY HALL COUNCIL CHAMBERS.

PRESENT: Mayor Jim Hanson

Councilors Ruth Hash, Mike Macho, Bill Otis, Garth Pollard, Stan Washington and Bill Walker.

City Manager Pro Tem, Robert Gross

City Council Minutes of June 6, 2005 Page 9 of 11 City Attorney, Steve Miller

OTHERS PRESENT: Diane Novak, Rick Osburn (Umpqua Post), and Charlie Murphy (KDUN)

Executive Session: Pursuant to ORS 192.660 (2)(a) - Employment of Public Officers, Employees and Agents Pursuant to ORS 192.660(2)(f) - Exempt Public Records. Pursuant to ORS 192.660 (2)(h) - Consultation with Legal Counsel regarding pending or potential litigation Pursuant to ORS 192.660 (2)(d) - Labor Negotiator Consultations

Open Session:

9:30pm - Councilor Macho moved that the City Council extend the meeting until 9:45pm.

Councilor Washington seconded the motion.

MOTION:

that the City Council extend the meeting until 9:45pm.

Return to Executive Session.

Return to Open Session.

7. Shall the City Council ratify the collective bargaining agreement between the City of Reedsport and the IAM Woodworkers Local Lodge W261 for the period July 1, 2005 to June 30, 2008? (Council Letter 005-048)

On June 30, 2005, the current collective bargaining agreement (contract) between the City and the International Association of Machinists and Aerospace Workers (IAM), Woodworkers Local Lodge W261 will expire. On March 10, 2005, negotiations began on a new contract. The IAM represents non-exempt city public utility workers, public services workers, and administrative personnel.

As a result of these negotiations, both parties have reached tentative agreement on a new contract. The members of bargaining unit represented by the IAM Woodworkers Local Lodge W261 have voted to ratify changes to the agreement. The new contract is a 3-year contract beginning on July 1, 2005 through June 30, 2008.

It is recommended that the Council ratify the collective bargaining agreement between the City of Reedsport and the IAM Woodworkers Local Lodge W261 for the period July 1, 2005 to June 30, 2008; and authorize the Mayor, to execute the agreement on behalf of the City.

Councilor Washington noted that the Council would be approving the contract without first viewing the final copy.

Councilor Walker moved that the City Council ratify the collective bargaining agreement between the City of Reedsport and the IAM Woodworkers Local Lodge W261 for the period July

City Council Minutes of June 6, 2005 Page 10 of 11 1, 2005 to June 30, 2008; and authorize the Mayor, to execute the agreement on behalf of the City.

Councilor Macho seconded the motion.

MOTION:

that the City Council ratify the collective bargaining agreement between the City of Reedsport and the IAM Woodworkers Local Lodge W261 for the period July 1, 2005 to June 30, 2008; and authorize the Mayor, to execute the agreement on behalf of the City.

AYES 6 NAYES 1 (Mayor Hanson, Councilors Hash, Macho, Otis, Walker and Washington voted in favor of the motion.) (Councilor Pollard voted against the motion.)

The motion passed.

ADJOURN.

______Mayor Jim Hanson

ATTEST:

Diane L. Novak, City Recorder

City Council Minutes of June 6, 2005 Page 11 of 11