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

EXECUTIVE SESSION OF THE REEDSPORT CITY COUNCIL MAY 7, 2007 CITY HALL COUNCIL CHAMBERS.

PRESENT: Mayor Keith Tymchuk

Councilors Tonya Wahl, Mike Macho, Bill Otis, Bill Walker and Diane Essig

Councilor Stan Washington absent

City Manager Rick Hohnbaum

City Attorney Steve Miller

OTHERS PRESENT: Deanna Schafer Media: Jolene Guzman-Umpqua Post

Executive Session:

1. Pursuant to ORS 192.660(2)(h) – Consult with counsel concerning potential litigation.

Consult with outside counsel Mr. Stebbins from Stebbins & Coffey in North Bend concerning Gardiner Sanitary District’s contractual obligations concerning wastewater treatment.

MINUTES OF THE REEDSPORT CITY COUNCIL REGULAR SESSION MAY 7, 2007, 7:00 P.M. CITY HALL COUNCIL CHAMBERS.

Councilors Mike Macho, Bill Otis, Stan Washington (arrived at 7:20 p.m.), Bill Walker, Diane Essig, and Tonya Wahl,

City Manager, Rick Hohnbaum

City Attorney, Steve Miller

OTHERS PRESENT: Deanna Schafer, Vera Koch, Floyd Dollar, Shawn Essex, Janelle Evans, Diane Novak, Sid Boddy, Ted Van Winkle, Theresa Hart, Ike Launstein, Debbie McKinney, Jolene Guzman

MEETING CALLED TO ORDER:

Mayor Keith Tymchuk called the meeting to order.

PLEDGE OF ALLEGIANCE: City Council Minutes of May 5, 2007 Page 1 of 16 PROCLAMATION: National Law Enforcement Memorial Week

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.

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 April 2, 2007

2. Approve revised minutes of the special regular session of April 13, 2007

3. Shall the City Council adopt A RESOLUTION CERTIFYING PROVISION OF MUNICIPAL SERVICES FOR DETERMINATION OF ELIGIBILITY TO RECEIVE REVENUES FOR CIGARETTE, GAS AND LIQUOR TAXES? (Council Letter 007-027)

ORS 221.760 provides that cities located within a county having more than 100,000 inhabitants, according to the most recent decennial census (2000), must provide four or more of the following municipal services in order to be eligible to receive state revenue sharing funds:

1. Police protection,

2. Fire protection,

3. Street construction, maintenance, and lighting,

4. Sanitary sewers,

5. Storm sewers,

6. Planning, zoning, and subdivision control,

7. Water utility services,

The Oregon Department of Administrative Services (DAS), Office of Business Administration (OBA) has advised (see attached) that Douglas County has more than 100,000 residents and that municipalities desiring to receive state revenue sharing funds must certify that at least four municipal services are provided.

City Council Minutes of May 5, 2007 Page 2 of 16 It is recommended that the City Council adopt a Resolution certifying provision of municipal services, in order to establish eligibility to receive state revenue funds for the fiscal year 2007 / 008; and assign Resolution 2007-007 as the title.

*1. Adopt a Resolution certifying provision of municipal services, in order to establish eligibility to receive state revenue funds for the fiscal year 2007 / 008; and assign Resolution 2007-007 as the title.

4. Shall the City Council adopt A RESOLUTION AMENDING THE CITY OF REEDSPORT PERSONNEL RULES AND REGULATIONS WITH REGARD TO THE EMPLOYEE CLASSIFICATION POLICY? (Council Letter 007-028)

*1. Adopt a Resolution amending the City of Reedsport Personnel Rules and Regulations with regard to the employee classification policy; and that Resolution 2007-010 be assigned as the title.

5. Motion to approve the Consent Calendar as amended.

Councilor Bill Otis asked that item #4 be removed from the Consent Calendar and placed on the Regular Agenda for Council discussion.

Item removed and placed on the Regular Agenda as item #7b immediately following item #7.

Councilor Bill Otis moved that the City Council approve the Consent Calendar as amended.

Councilor Bill Walker seconded the motion.

MOTION:

that the City Council approve the Consent Calendar as amended.

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

AYES 6 NAYES 0 (Mayor Tymchuk, Councilors Wahl, Macho, Otis, Essig, and Walker voted in favor of the motion.)

Mayor Tymchuk declared the motion passed unanimously.

BUSINESS AGENDA:

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

1. Motion to approve the Business Agenda as amended. City Council Minutes of May 5, 2007 Page 3 of 16 Councilor Mike Macho moved that the City Council approve the Business Agenda as amended.

Councilor Tonya Wahl seconded the motion.

MOTION:

that the City Council approve the Business Agenda as amended.

AYES 6 NAYES 0 (Mayor Tymchuk, Councilors Wahl, Macho, Otis, Essig, and Walker voted in favor of the motion.)

Regular Business:

1. Public Hearing to accept State Revenue Sharing funds. Shall the City Council adopt a Resolution electing to receive State Revenue Distributions in Fiscal Year 2007 / 008? (Council Letter 007-029)

Mayor Keith Tymchuk declared the public hearing open.

There were no comments in favor or against the item.

City Manager Rick Hohnbaum said that this is an annual resolution that is needed to accept state revenue sharing funds.

In order to receive state revenues apportioned among cities within the state, the City Council is required by Oregon Revised Statutes (ORS) to establish a process for annually electing to receive the distributions. At the regular City Council meeting of May 21, 2001, the Council adopted Ordinance 2001-1022 establishing a process for electing to receive annual state revenue distributions. The Ordinance provides for hearings before the Budget Committee and the City Council to consider possible uses of state revenue sharing distributions, including offset against property tax levies by the City. The Ordinance also provides for adoption of a Resolution certifying the process and that the City has levied a property tax for the year preceding the year in which revenue sharing is due to occur.

The proposed Fiscal Year 2007 / 2008 operating budget includes the following state collected and distributed revenues, as an offset against property tax levies by the City:

City Council Minutes of May 5, 2007 Page 4 of 16 1. General Fund (#001)

a. Liquor Tax $48,000 b. Cigarette Tax $7,100 c. State Revenue Sharing $29,750 d. 9-1-1 Telephone Tax $19,000 Subtotal $103,850

2. Street Fund (#002) (Gas Tax)

a. State Gasoline Tax $192,200

3. Bicycle / Footpath Fund (#007)

a. State Gasoline Tax $2,000

The Budget Committee conducted a hearing to accept state revenue distributions at the regular meeting of April 9th. With completion of the hearing by the City Council to accept state revenue distributions, the Council could adopt a Resolution electing to receive the revenue distributions.

A proposed Resolution has been drafted providing the required certification and election to receive state revenue distributions.

It is recommended that the Council adopt a Resolution electing to receive state revenue distributions for the Fiscal Year 2007 / 2008, certifying compliance with the Oregon Revised Statutes; and that Resolution number 2007–008 be assigned as the title.

Mayor Tymchuk closed the public hearing.

Councilor Bill Walker moved that the City Council adopt a Resolution electing to receive state revenue distributions for the Fiscal Year 2007 / 2008, certifying compliance with the Oregon Revised Statutes; and assign Resolution number 2007-008 as the title.

Councilor Mike Macho seconded the motion.

MOTION:

that the City Council adopt a Resolution electing to receive state revenue distributions for the Fiscal Year 2007 / 2008, certifying compliance with the Oregon Revised Statutes; and assign Resolution number 2007-008 as the title.

AYES 7 NAYES 0 City Council Minutes of May 5, 2007 Page 5 of 16 (Mayor Tymchuk, Councilors Wahl, Macho, Otis, Essig, Washington and Walker voted in favor of the motion.)

2. Public Hearing on the street vacation request for 40’ of Railroad and 20’ Elm. (Council Letter 007-030)

At the April 2, 2007 meeting Council authorized staff to begin the street vacation for a 20’ strip of Elm and a 40’ portion of East Railroad adjacent to Attorney Dave Anderson’s property.

Oregon law requires that a notice of the street vacation be posted on the property and that a notice of the public hearing is published twice in the local newspaper. The property was posted on April 20, 2007 and the public hearing notices were published on April 18 and 25, 2007. The notice states that remonstrance’s or objections are to be filed at City Hall prior to the meeting date. There have been none received.

Mayor Keith Tymchuk declared the public hearing open.

7:20 p.m. Councilor Stan Washington arrived.

The vacation is being proposed in order to solve the problem of Mr. Anderson’s development being partially in the right of way. In 1981 Mr. Anderson purchased his existing property from the City of Reedsport. In order to develop the lot Mr. Anderson requested a vacation for a 20’ strip of Elm Street and a 20’ strip of Railroad Avenue adjacent to his property. The 20’ strip of Railroad Ave. is located at the west end of the property where Railroad, Winchester and Elm all intersect along with the railroad right of way. There was some question at the time regarding how wide Railroad Ave. actually was so this portion of the vacation request was removed and Council only approved the vacation of 20’ of Elm. It was agreed that the issue of Railroad Ave. would be revisited at a later date when more information was gathered. In the mean time Mr. Anderson could develop his parking lot within the right of way.

Mr. Anderson recently decided to have a survey of his property done. The surveyors found that the property lines were not where they actually appeared to be on the site. Following the angles of the lot it appears that a significant part of the parking lot lies in the Elm Street right of way beyond the vacated 20’ of Elm and in the Railroad Ave. right of way.

It is staff’s recommendation that the Council approve the vacation.

Mr. Dave Anderson passed out pictures of the existing lot to the City Council and gave a brief overview of the proposed vacation location in relation to the pictures.

Mayor Tymchuk closed the public hearing.

City Council Minutes of May 5, 2007 Page 6 of 16 Councilor Mike Macho made a motion that the City Council approve the street vacation request as addressed in the staff report subject to the conditions listed in the staff report; and direct staff to prepare an ordinance.

MOTION:

that the City Council approve the street vacation request as addressed in the staff report subject to the conditions listed in the staff report; and direct staff to prepare an ordinance.

AYES 7 NAYES 0 (Mayor Tymchuk, Councilors Wahl, Macho, Otis, Essig, Washington and Walker voted in favor of the motion.)

3. Shall the City Council adopt A RESOLUTION ESTABLISHING NEW FEES AND ADJUSTING EXISTING FEES? (Council Letter 007-031)

At the City Council meeting of April 2, 2007 Council members conducted a workshop on new administrative fee adoption and increases. A fee comparison was done in previous months between cities of like size and demographic location. From this comparison the following draft fee list was created:

Fee/Administrative Proposed Liquor License/New $100.00 (new) Liquor License/Renewal $35.00 (new) Return Check Fee $25.00 (new) Audio Tape Fee $15.00 VHS Tape $30.00 (new) Notary Fee $5.00 (new) Lien Search Fee $20.00 Zoning Ordinance $20.00 Comprehensive Plan $25.00 Subdivision Ordinance $8.00 Zoning Maps $5.00

Planning

City Council Minutes of May 5, 2007 Page 7 of 16 Subdivision $1000.00** Partition $500.00** Planned Unit $1000.00** Development Zone Text Amendment $500.00** Zone Change $800.00** Comp Plan Amendment $800.00** Street Vacation $700.00** Conditional Use Res/$250.00-Com/$350.00 Variance Res/$250.00-Com/$350.00 Home Occupation $50.00 Property Line Adj $100.00 Annexation $500.00 plus actual expense (new) Appeal ½ origination fee plus legal (new) Estuary Permit $300.00 plus actual expense SNRO $200.00 Street Name/add change $25.00 (new) Land use review $25.00 (new) Sign Permit $25.00 **fees are in addition to any out of pocket expense for City such as engineering, legal BM56 notice.

Police Department Fee Schedule: Impound Tow fees: $150.00

Fingerprint Fees $10.00 per card Report copy fee $10.00 plus .30 per page Photograph fee $1.50

Councilor Mike Macho made a motion that the City Council adopt a Resolution establishing new fees and adjusting existing fees; and assign Resolution 2007-009 as the title.

Councilor Diane Essig seconded the motion.

MOTION:

that the City Council adopt a Resolution establishing new fees and adjusting existing fees; and assign Resolution 2007-009 as the title.

City Council Minutes of May 5, 2007 Page 8 of 16 AYES 7 NAYES 0 (Mayor Tymchuk, Councilors Wahl, Macho, Otis, Essig, Washington and Walker voted in favor of the motion.)

4. Shall the City Council appoint members to the City's boards and committees? (Council Letter 007-032)

In March of 2007 Mr. Ted Miller announced his resignation from the Umpqua Experience Steering Committee do to relocation outside of the City. Therefore the City has the following citizen committee that has an appointment term which expires on December 31, 2008:

1. Umpqua Experience Steering Committee (2 vacancies)

CITIZEN INPUT AND PARTICIPATION:

A press release was distributed locally.

One application was received from Ms. Jamie Swafford.

Councilor Mike Macho made a motion that the City Council appoints Ms. Jamie Swafford to fill a vacancy on the City's citizen participation committee.

Councilor Bill Walker seconded the motion.

MOTION:

that the City Council appoints Ms. Jamie Swafford to fill a vacancy on the City's citizen participation committee.

5. Shall the City Council adopt AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE REEDSPORT MUNICIPAL CODE, REVISING WASTEWATER USER CHARGES? (Council Letter 007-033)

City Council Minutes of May 5, 2007 Page 9 of 16 At the regular Reedsport Budget Committee meeting of April 23, 2007, the Committee approved the proposed Fiscal Year 2007 / 008 operating budget. An element of the proposed budget includes a Wastewater Utility rate increase of $4.50 per month, per Equivalent Residential Unit (ERU). In order for the new rates to become effective, the Wastewater Utility Ordinance requires modification. Approval of the ordinance will make the new rate effective July 1, 2007.

Reedsport is currently under mandate from the Oregon Department of Environmental Quality (DEQ) to repair and upgrade its wastewater collection and treatment facilities due to violations of the wastewater discharge permit. There are a significant number of wastewater system improvement projects, in both the sewage collection and wastewater treatment systems, which should be addressed in the near future. The projects themselves are vital to the short-term and long-term ability of the Wastewater Utility to collect sewage and treat it in an efficient, economical, and environmentally sound manner for the residents of Reedsport and environs.

It is recommended that the Council adopt an Ordinance revising Wastewater rates and user charges; and that Ordinance 2007-1071 be assigned as the title.

Councilor Stan Washington said that the increase is in line with the schedule of proposed wastewater increases.

Councilor Tonya Wahl made a motion that the City Council adopt an Ordinance revising Wastewater rates and user charges; and that Ordinance 2007-1071 be assigned as the title.

Councilor Mike Macho seconded the motion.

MOTION:

that the City Council adopt an Ordinance revising Wastewater rates and user charges; and that Ordinance 2007-1071 be assigned as the title.

6. Shall the City Council amend the current tourism promotion agreement with the Reedsport/Winchester Bay Chamber of Commerce? (Council Letter 007-034)

City Council Minutes of May 5, 2007 Page 10 of 16 The City has an existing agreement with the Chamber signed in February of 2003. The Chamber has approached the city requesting a modification to this agreement as outlined and attached. The chamber president has met with the city attorney in this regard as well.

The requested modifications are in section 4 of the attached agreement having to do with the limitation of funds (increasing the limit from 30 to 35%) expended for staffing and the hours of operation (to match the actual hours that the USFS has the facility open) relating to the visitor center.

Chamber President Theresa Hart briefly outlined the need of the Chamber to update the current contract do to increasing payroll cost to staff the visit center.

Councilor Mike Macho made a motion that the City Council City Council amends the current Transient Room Tax Agreement with the Reedsport/Winchester Bay Chamber of Commerce.

Councilor Bill Otis seconded the motion.

MOTION:

that the City Council City Council amends the current Transient Room Tax Agreement with the Reedsport/Winchester Bay Chamber of Commerce.

7. Discussion of salvaging of blown down timber and logging in the Clear Lake Watershed.

Public Works Superintendent Floyd Dollar presented the Council with an overview of the costs and associated revenue of logging in the Clear Lake water shed. He presented a report prepared by employee Jeff Pearson who has prior forestry knowledge.

Mr. Pearson’s report stated that he has done a brief timber cruise at Clear Lake. The following are estimates of the volume of timber and coordinated value. These values are based on current log market values:

Total volume per acre= 76,500 board feet

City Council Minutes of May 5, 2007 Page 11 of 16 Volume by Species per acre= Sitka Spruce 69%-52,785bf, Douglas Fir 24%-18,360bf, Western Red Cedar 7%-5,355bf

Log Market values: Spruce=$475mbf, Douglas Fir $645mbf, Red Cedar $900mbf

Total estimated value per acre is $41,734.

Total proposed logging area is approximately 3 acres. There is an additional 8 to 12 thousand board feet, primarily of spruce that has previously blown down and could also be salvaged.

Dollar said that approximately half of the profits from a logging operation go to the contractor leaving approximately $75,000. He stated that the buffer that is being proposed exceeds the Federal limit by approximately 50 feet. This is being proposed to protect the water source of Clear Lake. Mr. Dollar recommended that the City not log in the water shed.

Mayor Keith Tymchuk asked what the money would be used for and staff recommended that it be used for acquisition of land in the water shed.

Councilor Bill Walker made a motion that the City Council harvest the timber in the Clear Lake watershed, both the three acre patch and the blown down logs; providing that the money go toward land acquisition in the watershed.

MOTION:

that the City Council appoints harvest the timber in the Clear Lake watershed, both the three acre patch and the blown down logs; providing that the money go toward land acquisition in the watershed.

AYES 5 NAYES 2 (Mayor Tymchuk, Councilors Wahl, Macho, Washington and Walker voted in favor of the motion.) (Councilors Diane Essig and Bill Otis voted against the motion)

Mayor Tymchuk declared the motion passed.

7b. Shall the City Council adopt A RESOLUTION AMENDING THE CITY OF REEDSPORT PERSONNEL RULES AND REGULATIONS WITH REGARD TO THE EMPLOYEE CLASSIFICATION POLICY? (Council Letter 007-028)

City Council Minutes of May 5, 2007 Page 12 of 16 Per the Reedsport Municipal Code, any position reclassification within the City of Reedsport Personnel Policies requires council approval. In the organizational review process and during the budget process an obvious and immediate observation was that the current position classification of the finance officer needs to be revised. The current range for this position was lowered at a time when a lesser level of responsibilities including the City Manager serving as the Chief Financial Officer was a part of the city organization. When reviewing the job descriptions including the re-written updated one for the Finance Director, the level of knowledge, skills and abilities required for the position is appropriate for a range 19 or 20. Staff is recommending a Council authorization to reclassify and re-title the Finance Officer position currently at range 17 to Finance Director at range 19.

It is recommended that the Council adopt a Resolution amending the City of Reedsport Personnel Rules and Regulations with regard to the employee classification policy.

Councilor Bill Otis said that in the City’s present financial situation he does not think the change is warranted. If there is going to be a change in classifications all positions need to be looked at. He attempted to research the pay scale of similar positions. The City’s of Drain and Myrtle Point were not available however he was able to get a salary of the current Business Manager of the Reedsport School District and that is $46,211. He stated that he thought the positions were comparable and this salary is less than what the current wage of the Finance Officer. He would be in favor of changing the classification but not the salary. Otis said that the police department dispatchers are paid at a salary range 10 which is very low compared to the County or State. He also said that he was able to get another example of a similar position with 18 employees under them that is not in the public sector but comparable in duties and that person makes less than the current salary of the Finance Officer.

Mayor Keith Tymchuk asked the City Manager to clarify that this position was changed from a 19 or 20 down to a 17.

City Manager Rick Hohnbaum said that in 1994 the position was reclassed because the City Manager at that time was the Chief Financial Officer.

Tymchuk gave the Council 3 options,

1. Continue discussion. 2. To move this discussion to a future work session and ask the City Manager for more information. 3. To make the change to a level 18 salary range instead of 19.

The consensus was to move this discussion to a future work session.

Mayor Tymchuk directed the Council to advise the staff what additional information is needed.

8. Discussion of Council Goals. City Council Minutes of May 5, 2007 Page 13 of 16 City Manager Rick Hohnbaum said that the City Council had asked for an occasional update on where the City was with the current Goals.

Mayor Tymchuk gave a brief update of the formation of the Urban Renewal District plan and report as it relates to Goal #1.

Item number two for discussion is the city owned property inventory which was completed in March and presented to Council in a work session format. Further discussion on that subject to follow.

9. Discussion of Hawthorne property and authorization to market.

City Manager Rick Hohnbaum said that to have another appraisal done would cost an additional $1,500 dollars and what the staff would like to ask the council is to go ahead and market the property without the additional expense.

Consensus of the Council was to go ahead with the marketing without a new appraisal.

Councilor Macho and Wahl questioned the appraisal cost.

Hohnbaum said that it is the type of appraisal for that type of property.

There are two options to marketing the property. One is to follow the ORS procedure and two is to create a procedure that the City would use for all sales of properties.

City attorney Steve Miller recommended the first option.

10. Receive the quarterly financial report.

Finance Officer Vera Koch presented the quarterly financial report.

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

City Manager Rick Hohnbaum requested the Council’s permission to attend the Oregon Downtown Development Association’s Downtown Solutions Conference in Astoria under scholarship.

There were no objections from the Council, permission was given.

Hohnbaum asked if the Council would like to change the July 2, 2007 Council meeting date to the following Monday the 9th. The Mayor and one other Councilor will not be available on the 2nd.

Councilor Bill Walker made a motion that the City Council change the meeting date to the 9th of July, 2007. City Council Minutes of May 5, 2007 Page 14 of 16 Councilor Stan Washington seconded the motion.

MOTION:

that the City Council change the meeting date to the 9th of July, 2007.

Hohnbaum noted that in the council boxes is a draft copy of a declaration of support for the wave project. He encouraged councilors to at least read it as it will be on the next council agenda.

Hohnbaum said that the City has been approached by the City of Lakeside about providing police services for the Lakeside area. There has been one meeting between the Chief of Police of Reedsport and Mayor of Lakeside.

Mayor Tymchuk asked what they are proposing.

Hohnbaum said that the desire is to have a presence there. Coos County has informed them that they will no longer patrol the City and will only respond in the case of major crime such as rape or murder.

EXECUTIVE SESSION OF THE REEDSPORT CITY COUNCIL APRIL 2, 2007 CITY HALL COUNCIL CHAMBERS.

Councilors Tonya Wahl, Mike Macho, Bill Otis, Bill Walker and Stan Washington, Diane Essig

City Manager Rick Hohnbaum

City Attorney, Steve Miller

OTHERS PRESENT: Deanna Schafer Media: Jolene Guzman-Umpqua Post

Executive Session: City Council Minutes of May 5, 2007 Page 15 of 16 1. Pursuant to ORS 192.660(2)(h) – Consult with counsel concerning potential litigation.

Consult with City Attorney Steve Miller concerning liability of water line at Ace Hardware.

ADJOURN. ______Mayor Keith Tymchuk

ATTEST:

Deanna Schafer, City Recorder

City Council Minutes of May 5, 2007 Page 16 of 16