MINUTES OF THE REEDSPORT CITY COUNCIL REGULAR SESSION DECEMBER 4, 2006, 7:30 P.M. CITY HALL COUNCIL CHAMBERS.
PRESENT:Mayor Jim Hanson
Councilors Ruth Hash, Mike Macho, Bill Otis, Bill Walker and Stan Washington
City Manager Rick Hohnbaum
City Attorney, Steve Miller
OTHERS PRESENT:Paul Long, Floyd Dollar, Diane Novak, Vera Koch, Janelle Evans, Shawn Essex, Steve Major, Diane Essig, Sid Boddy, Mark Bedard, Donna Train, Ike Launstein, Debbie McKinney, Theresa Hart, Chuck Mandala, Kathi Wall-Meyer, Herbert Roche, Tonya Wahl, Alexander Rich
7:30 p.m. Regular Session:
MEETING CALLED TO ORDER:
PLEDGE OF ALLEGIANCE:
PROCLAMATION: Proclamation of Election Result and to accept the amendments to the City of Reedsport Charter of 1996.
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. Paul Long of 560 SE Hwy 101, PMB 335, 97367 spoke on being homeless and his treatment. Asked about City of Reedsport laws on living in vehicles.
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.
- Shall the City Council adopt an Ordinance revising the Reedsport Zoning Map and Comprehensive Plan Map? (Council Letter 006-190)
At the regular Council meeting of November 6, 2006 the City Council conducted a public hearing to consider a Comprehensive Plan Amendment for property owned by Reedsport Real Estate Development LLC. The request was to change the Comprehensive Plan zone designation for a portion of the subject property from Industrial to Residential, rezone the water dependent portion to Multi Family Residential and change the zoning designation on the adjacent Estuarine area to Estuarine Natural. The subject property is the old mill site located at 711 Port Dock Rd. (T21 R12 S34 TL700.)
At the conclusion of the public hearing the Council approved the request and directed staff to draft an Ordinance to amend the Reedsport Zoning Map and Comprehensive Plan Map to reflect the changes. The ordinance has been completed and staff is recommending that the Council adopt the Ordinance.
*1.Adopt an Ordinance amending the Reedsport Zoning Map and Comprehensive Plan Map to reflect the rezone and Comprehensive Plan Amendment for the former mill site property located at 711 Port Dock Rd.; and that Ordinance 2006-1066 be assigned as the title.
2.Shall the City Council adopt an ordinance implementing the Comprehensive Plan Text Amendments that were approved for Reedsport Real Estate Development LLC? (Council Letter 006-191)
As part of the implementation for the Comprehensive Plan Map Amendment that was approved for Reedsport Real Estate Development LLC, the City needs to change sections of the Reedsport Comprehensive Plan. The Comprehensive Plan is the guiding documents for the Cities goals and objectives. It outlines the City’s policies and goals regarding development issues.
On October 10, 2006 the Planning Commission reviewed the text amendments along with the proposed Comprehensive Plan Map Amendment proposed by Reedsport Real Estate Development for the old mill site. At the close of the hearing the Planning Commission unanimously voted to recommend approval to the Reedsport City Council. The Reedsport City Council approved both the Comprehensive Plan Map and Text Amendments at the public hearing on November 6, 2006. This ordinance incorporates the approved text changes into the Comprehensive Plan.
*1.Adopt the Ordinance amending the Reedsport Comprehensive Plan; and assign Ordinance 2006-1067 as the title.
3.Shall the City Council adopt ordinance regulating the possession of marijuana; providing penalties and fines? (Council Letter 006-192)
Under Oregon law Reedsport Police officers can and do issue citations for possessing a controlled substance known as marijuana. The Oregon state law has two separate and distinct categories for these types of offenses. The “possession” categories are defined by weight or how much illegal marijuana a person has in their possession at the time of contact.
A conviction of “Possession of less then one ounce of marijuana” carries a fine, and no jail time. This offense is known under Oregon Law as a “Violation” and is treated very differently from all the other more serious crimes. Oregon law placed the above offense in the “violation” category many years ago.
Currently, the Reedsport Municipal Court can not hear any of the above “violations” or minor possession charges because we do not have an Ordinance against possession of less than one ounce of Marijuana, and so the Police Department is forced to send the new citations to theDouglas County Justice Court. While this process works, it is believed the fines and fees imposed by the court should be retained in City of Reedsport’s Municipal court. Currently, many other more serious criminal acts are being handled at the Municipal Court Level, and the proposed Ordinance would then allow Reedsport’s Municipal court to process or hear these possession citations as well.
*1.Adopt Municipal Ordinance 2006-1065regulating the possession of marijuana; providing penalties and fines.
4.Motion to approve the Consent Calendar.
Councilor Mike Macho moved that the City Councilapprove the Consent Calendar as presented.
Councilor Bill Otis seconded the motion.
MOTION:
that the City Council approve the Consent Calendar.
VOTE:
A vote was taken on the motion with the following results:
AYES6NAYES0
(Mayor Hanson, Councilors Hash, Macho, Otis, Washington and Walker voted in favor of the motion.)
Mayor Hanson 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.
Councilor Mike Macho moved that the City Council approve the Business Agenda.
Councilor Bill Walker seconded the motion.
MOTION:
that the City Council approve the Business Agenda.
VOTE:
A vote was taken on the motion with the following results:
AYES6NAYES0
(Mayor Hanson, Councilors Hash, Macho, Otis, Washington and Walker voted in favor of the motion.)
Mayor Hanson declared the motion passed unanimously.
Regular Business:
Mayor Jim Hanson said that we would be moving the Audit report to the front of the agenda because the Accountant has to drive back to Eugene. This will be item 1a.
1a.Draft Financial Audit Fiscal year 2005-2006. (Council Letter 006-197)
The firm of Isler CPA has conducted the annual independent audit of the City’s financial records for Fiscal Year 2005 / 006. Mr. Paul Nielsen, from the audit firm, was present and gave a brief presentation on status of the draft audit report to the City Council.
1bPublic Hearing for Storm Water System Development Fees. (Council Letter 006-193)
Mayor Jim Hanson opened the public hearing.
City Engineer Steve Majors presented the following information:
One of the Council goals that were established for 2006 was to institute a storm water systems development charge. In order to achieve the goal Council authorized the City Manager to direct the City Engineer, Steve Majors to complete a study and methodology to establish a Systems Development Charge (SDC) for the storm water system.
The study was completed and a draft was presented to the Council at the October 2, 2006 meeting and a public hearing was scheduled for December 4, 2006. The public hearing is required since the City has not previously charged a SDC for the storm sewer. The purpose of the public hearing is to allow the public to comment on the methodology used to establish the fee. Oregon Revised Statute 223.304 governs the criteria and process for establishing a systems development fee.
According to the study the maximum amount for the storm water system development fee is $878.00. The Council can choose to set the system development charge anywhere from 0 to $878.00. An important fact to keep in mind is that the City is required to build extra capacity into the system and if the developers don’t pay the cost the citizens will end up paying for it.
It is staff’s recommendation that the Council establish the storm water system development charge at the maximum amount of $878.00.
Mayor Jim Hanson closed the public hearing.
Councilor Ruth Hash made a motion that the City Council elect to set the systems development charge at $878.00 and direct staff to prepare an ordinance to amend the SDC section of the Reedsport Municipal Code.
Councilor Mike Macho seconded the motion.
MOTION:
that the City Councilelect to set the systems development charge at $878.00 and direct staff to prepare an ordinance to amend the SDC section of the Reedsport Municipal Code.
VOTE:
A vote was taken on the motion with the following results:
AYES6NAYES0
(Mayor Hanson, Councilors Hash, Macho, Otis, Washington and Walker voted in favor of the motion.)
Mayor Hanson declared the motion passed unanimously.
2.Public Hearing on establishing an Urban Renewal District. (Council Letter 006-194)
Mayor Jim Hanson opened the Public Hearing.
City Manager Rick Hohnbaum presented the following power point presentation:
At the November 6, 2006 Council meeting the Council reviewed and accepted the Urban Renewal feasibility study. The next step in this process is to develop an Urban Renewal Plan and prepare an Urban Renewal Report. The Urban Renewal Plan is the guiding document for projects within the district and the Urban Renewal Report is documentation information.
Presented was a contract amendment and scope of work submitted by Benkendorf and Associates to complete both the Urban Renewal Plan and Report. The original request for proposals was designed so that the consultant that completed the feasibility study would be the consultant writing the Plan. The estimate for completing both the Plan and Report is $26,950.00.
Staff has done considerable research regarding possible funding for this project. Conversations with the Regional Investment staff have been positive that the City could obtain up to $15,000 from Regional Investments. However, their next meeting is not until December 7, 2006. The Lower Umpqua Economic Development Forum and Port of Umpqua have both pledged to contribute $3,000 a piece. The remainder of the funding ($6,000) could come from the City. It is possible to borrow against the future funds of the Urban Renewal District and repay the loans the next year.
Hohnbaum said that if the City Council approves of the project a committee would be set up, it could consist of a mix of the Public and the City Council or be the City Council or be totally separate.
Mr. Ike Launstein of 238 Walker Creek Rd spoke in favor of setting up an urban renewal district.
Councilor Bill Otis asked why an area had been excluded from the plan (triangle area including a shopping center).
Public Works Administrator Janelle Evans said that the area doesn’t have much potential for growth.
Mayor Jim Hanson asked about adding an area now verses adding an area later.
Evans said that it is much easier to bring property into the plan at a later date than try to add it now. Right now we are just meeting the criteria for an Urban Renewal Project.
Mr. Jeff Vanderkley of the Lower Umpqua Economic Development Forum spoke in favor the project.
Mr. Mark Bedard also spoke in favor of the project. He said that he encourages the City to not go over the 15% allocated land because we don’t want to handicap the City’s operating Budget. The City needs money to operate.
Mayor Jim Hanson closed the public hearing.
Councilor Mike Macho moved that the City Council authorize staff to enter into a contract with
Benkendorf and Associates to complete an Urban Renewal Plan and Report, not to exceed $27,000.
Councilor Bill Walker seconded the motion.
MOTION:
that the City Councilauthorize staff to enter into a contract with Benkendorf and Associates to complete an Urban Renewal Plan and Report, not to exceed $27,000.
.
VOTE:
A vote was taken on the motion with the following results:
AYES6NAYES0
(Mayor Hanson, Councilors Hash, Macho, Otis, Washington and Walker voted in favor of the motion.)
Mayor Hanson declared the motion passed unanimously.
3.Shall the City Council award bid for fuel purchases for 2007-2008. (Council Letter 006-195)
At the bid opening on November 22, 2006 at 2:00pm in the City Hall Conference room two bids were opened for Fuel Services for the period of January 1, 2007 to December 31, 2008. The low bidder is The Jerry Brown Company with a bid of $.0575 markup above the Eugene OPIS unbranded average rack Price per Gallon.
It is staff’s recommendation to enter into a contract with The Jerry Brown Company for Fuel Services for the specified period of time.
Councilor Ruth Hash moved that the City Council authorize staff to enter into a contract with The Jerry
Brown Company for Fuel Services for the period of January 1, 2007 to December 31, 2008 and
authorize the City Manager to sign on behalf of the City.
Councilor Mike Macho seconded the motion.
MOTION:
that the City Councilauthorize staff to enter into a contract with The Jerry
Brown Company for Fuel Services for the period of January 1, 2007 to December 31, 2008 and
authorize the City Manager to sign on behalf of the City.
.
VOTE:
A vote was taken on the motion with the following results:
AYES6NAYES0
(Mayor Hanson, Councilors Hash, Macho, Otis, Washington and Walker voted in favor of the motion.)
Mayor Hanson declared the motion passed unanimously.
4.Shall the City Council authorize the purchase of one flow meter? (Council Letter 006-196)
Public Works Superintendent Floyd Dollar presented the following report:
As part of the sewer collection systems upgrade that the City has agreed to under the Mutual Agreement Order (MAO) with the Department of Environmental Quality (DEQ) a flow meter needs to be installed in the manhole by Pacific West Realty (next to Hwy 101 at the top of the Sholfield Bridge). According to the facility plan the next sewer rehabilitation project is scheduled to occur in the Arthur Rd/Bowman Rd area. The purpose of the flow meter is to record the current flows and establish a baseline that can be used to evaluate the project success for DEQ.
Staff is requesting approval of the purchase of a portable flow meter that can be utilized in other locations as the need arises. Staff has obtained a quote for the meter from Bainbridge Associates. They are the only providers of the portable flow meters so this item is exempt from the competitive bid process. The estimated cost is $9785.00 and a copy of the quote has been included for your review.
It is staff’s recommendation that the Council authorize the purchase of one flow meter.
Councilor Mike Macho moved that the City Council approve the purchase of one portable flow
meter from Bainbridge Assoc. Inc. for approximately $9,785.00.
Councilor Bill Otis seconded the motion.
MOTION:
that the City Councilapprove the purchase of one portable flow meter from Bainbridge Assoc. Inc. for approximately $9,785.00.
VOTE:
A vote was taken on the motion with the following results:
AYES6NAYES0
(Mayor Hanson, Councilors Hash, Macho, Otis, Washington and Walker voted in favor of the motion.)
Mayor Hanson declared the motion passed unanimously.
Miscellaneous Items:
(Mayor, Councilors, Student Councilors, City Manager, City Attorney)
City Manager Rick Hohnbaum announced that the Douglas County Commissioner Joe Laurence
will be attending lunch at the SeniorCenter on December 15, 2006.
ADJOURN
Mayor Jim Hanson
ATTEST:
Deanna Schafer, City Recorder
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City Council Minutes of December 4, 2006