Shady Cove City Council Study Session

Transcription

1 I. Call to Order Agenda Shady Cove City Council Study Session Shady Cove City Council Chamber Highway 62 Shady Cove, Oregon Thursday, January 6, :30 P.M. A. Roll Call B. Announcements by Presiding Officer II. Public Comment Public may comment on agenda and non-agenda items at this time. Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization. If you represent a group, please identify the group and any members of that group who are present. III. Subject of Study Session A. Water System Master Plan (HGE/Council) (pgs 2-3) B. Interview Budget Committee Applicants. (pgs 19-36) IV. City Council Comments V. Future Agenda Items VI. Public Comment on Agenda Items Limited to 3 minutes per individual. VII. Adjournment In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (541) Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR ADA Title II). 1

2 City Council Agenda Item Summary City of Shady Cove, Oregon Meeting Date: January 6, 2011 Issue/Agenda Title: Study Session re Water System Master Plan Update Prepared By: Dale Shaddox City Adm. Approval: DB Issue Before the Council: The specific issue before the City Council for today s Study Session is to fully understand the Water System Master Plan Update report, including the alternatives of system design approach along with the associated financial issues. Staff Recommendation: It is recommended that the Council consider the report as presented by representatives of HGE, Inc., the City s engineering consultant that prepared the master plan update. It would not be appropriate to make any decisions at today s meeting. Rather, the Council could give direction to staff to place this issue on a future City Council agenda. Proposed Motion: None. Key Facts and Information Summary: This current effort, funded by the State Infrastructure Financing Authority (IFA) in the amount of $20,000, is an update of the previous master plans. It brings forward engineering layout options and costs that will serve as a factual basis for moving forward if the City Council decides to do so. Moving forward could consider several options including further study, community outreach, a ballot measure, etc. The City Council will need to provide that direction. Other Alternatives Considered: The water master plan update includes options for engineering layout design, costs and financing. The City Council will need to decide whether or not to proceed with any effort after reviewing the report. 2

3 City Council Goals: This effort is consistent with the City Council goal to Make significant progress toward a communitywide water system for fire suppression (safety) and domestic water (livability). Attachment List: The Water Master Plan Update is posted on the City of Shady Cove website and available at City Hall for review. Fiscal Notes: The financial considerations are clearly articulated in the report. 3

4 Agenda Shady Cove Regular City Council Meeting Administration of Oath to Council Elect I. Call to Order Shady Cove City Council Chamber Highway 62 Shady Cove, Oregon Thursday, January 6, :30 p.m. A. Roll call. B. Pledge of Allegiance. C. Announcements by Presiding Officer. 1. This meeting is being digitally recorded. 2. The next regularly scheduled Planning Commission meeting will be January 13 at 6:30 p.m. in the City Council Chamber. 3. The next meeting of the City Council will be on January 20, with a Study Session at 1:30 p.m. and Regular meeting at 6:30 p.m. in the City Council Chamber. II. Public Comment The public may comment on agenda and non-agenda items at this time. Comment will be limited to 3 minutes per individual or 5 minutes if representing a group or organization. If you represent a group, please identify the group and any members of that group who are present. III. IV. Community Feedback Presentation None. V. Consent Calendar A. Accounts Payable: $52, (pg 7) B. Minutes of December 16, 2010 City Council Meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (541) Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR ADA Title II) 4

5 Shady Cove City Council Regular Meeting Agenda January 6, 2011 Page Two of Three VI. VII. Written Communications Council Reports Business and Tourism/Chamber Councilor Hayes RVACT Councilor Ulrich RVCOG Mayor Holthusen, Councilor Kyle School District 9 Councilor Kyle Fire District 4 Councilor Hughes Planning Commission Liaisons Councilors Hayes and Hughes VIII. Department Reports A. City Administrator Report (pg 16) B. Public Works Report (pgs 17-18) IX. Unfinished Business None. X. New Business A. Appointments (2) to Shady Cove Budget Committee. (pgs 19-36) B. Conduct first reading by title only of Ordinance No. 258, AN ORDINANCE OF THE CITY OF SHADY COVE AMENDING SECTION NUISANCES DECLARED OF CHAPTER 90, NUISANCES AND OFFENSES OF THE SHADY COVE MUNICIPAL CODE, ADDING SUBSECTION 90.03(C)(3) REGARDING OFFENSIVE EXTERIOR LIGHTING. Copies of the ordinance are available for public inspection in City Hall. (pgs 37-40) C. Discussion and Action Floodplain Management Program. (Brakeman) (pgs 41-53) D. Consider action on a Resolution authorizing the increase of resources and expenditures in the General Fund for Grants-Water Master Plan Update for FY Budget. (Bostic) (pgs 54-57) E. Consider action on a Resolution authorizing the transfer of funds between accounts within the General Fund for Fiscal Year (Bostic) (pgs 58-61) 5

6 Shady Cove City Council Regular Meeting Agenda January 6, 2011 Page Three of Three F. Consider action on a Resolution authorizing the transfer of funds between accounts within the Street Fund for Fiscal Year (Bostic) (pgs 62-65) F. Shady Cove-Upper Rogue Chamber Membership Application (pgs 66-67) XI. Public Comment on Agenda Items Limited to 3 minutes per individual. XII. Council Comments XIII. Adjournment 6

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8 City of Shady Cove City Council Study Session Minutes Thursday, December 16, :30 P.M. I. Call to Order The Mayor called the Study Session to order at 1:30 p.m. A. Roll call. Present: Staff: Mayor Holthusen Council President Kyle Councilor Hayes Councilor Hughes Councilor Ulrich City Administrator, Danise Brakeman Public Works Director, George Bostic Deputy City Recorder, Debby Jermain B. Announcements. The Mayor noted additional agenda items would be Carrie Beebe from the Boys and Girls Club and Michael Kincaid s extension request scheduled to be further discussed under New Business during this evenings regular meeting. II. Public Comment Lalah Davis complained of duck hunters firing guns on the river in city limits. City Administrator will research local ordinances and discuss with law enforcement. III. Subject of Study Session A. Addition to agenda. Carrie Beebe from the Boys and Girls Club presented a thank you gift to the City Council for their continued support. B. Monthly report from Public Works Management. Adah Bryce gave an overview of the progress for November. C. Caselle presentation. Aimee Gamble from Caselle gave a presentation on municipal software. 8

9 City of Shady Cove City Council Study Session Minutes December 16, 2010 Page Two of Three D. Addition to agenda. Michael Kincaid requested a 6-month extension for floodplain compliance of his property located at 10 Steelhead. Council felt 6 months was unacceptable and asked Mr. Kincaid to contact his contractor about completing the necessary work immediately. Mr. Kincaid agreed and will contact the City Administrator prior to the evening regular meeting for update. IV. City Council Comments Councilor Ulrich commended Officer Scott Walden for recently being honored as a hero for saving a life. He also asked if there was any financial relief for property owners having to comply with floodplain regulations. City Administrator stated she is currently looking into a FEMA mitigation assistance grant and has discussed with grant writer David Abbott the possibility of his assistance in writing the grant. Councilor Kyle stated his concern of Public Works Management in not allowing Mr. Kincaid to remove a door in order to comply with floodplain regulations giving the reason that the door can be replaced in the future. Councilor Kyle stated Public Works Management should not be making decisions based on future possibilities. Councilor Hughes requested and received further information on certain financial report items. Councilor Hayes expressed his concern of granting Mr. Kincaid a 6-month extension. City Council will discuss further in the evening regular meeting. He further commented on commercials currently being advertised on the City s radio station. City Administrator will have the commercials removed until a policy is established at the February 3 City Council study session. He also requested clarification on conversations between Council and the City Administrator. City Administrator will ask permission from the Councilor to whom she is corresponding before copying correspondence to other Councilors. V. Future Agenda Items None. VI. Public Comment on Agenda Items None. 9

10 City of Shady Cove City Council Study Session Minutes December 16, 2010 Page Three of Three VII. Adjournment The Mayor adjourned the Study Session at 3:46 p.m. Approved: Ronald Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Councilor Kyle Councilor Hayes Mayor Holthusen Councilor Ulrich Councilor Hughes 10

11 I. Call to Order City of Shady Cove City Council Regular Meeting Minutes Thursday, December 16, :30 P.M. The Mayor called the Regular City Council Meeting to order at 6:30 p.m. in the City Council Chamber. A. Roll call. Present: Staff: Mayor Holthusen Council President Kyle Councilor Hughes Councilor Hayes Councilor Ulrich City Administrator, Danise Brakeman Public Works Director, George Bostic Deputy City Recorder, Debby Jermain Sheriff s Department, Dave Strand Interim City Administrator, Dale Shaddox City Planner, Dick Converse City Attorney, Steve Rich B. Pledge of Allegiance. The Mayor led the Council and the audience in the Pledge of Allegiance. C. Announcements by Presiding Officer. The Mayor read the announcements and noted an added agenda item, C under New Business: Consideration of supporting RVCOG in their efforts to obtain a DEQ 319 grant. II. Public Comment Betty Taylor representing Jane Hagan and Bud Rees requested a copy of the agenda addition and inquired as to where to submit their public records request. 11

12 City of Shady Cove City Council Regular Meeting Minutes December 16, 2010 Page Two of Five III. Community Feedback None. IV. Presentation The Mayor presented Student of the Month Certificates to Blake Brooks from Shady Cove Elementary and Shelby Weitman from Shady Cove Middle School. V. Consent Calendar A. Accounts Paid: $49, B. Minutes of October 26, 2010 City Council Special Meeting. C. Minutes of November 4, 2010 City Council Meeting. D. Minutes of November 18, 2010 City Council Meeting. E. Minutes of December 2, 2010 City Council Meeting. Motion to approve Consent Calendar with corrections noted. Motion by Councilor Hughes. Second by Councilor Ulrich. Roll Call: All Ayes. Motion passed 5-0 (Councilor Hayes abstained from Rivertech) VI. Written Communications None. VII. Council Reports Business and Tourism: Councilor Hayes commented on Shady Cove Upper Rogue Chamber of Commerce membership drive, mentioned applications available, recommended the City Council show support by becoming a member and possibility of moving sign from Aunt Caroline s Park to the new Chamber office. RVACT: No report. Councilor Ulrich agreed to report in the future. RVCOG: None. School District 9: None. 12

13 City of Shady Cove City Council Regular Meeting Minutes December 16, 2010 Page Three of Five JCFD#4: Councilor Hughes commented on the success of the yard debris/cleanup and Children s Christmas Club Party. He reported on an upcoming CERT program (planning for disasters) in our region. Planning Commission Liaison: Councilors Hayes and Hughes highlighted the topics discussed during the December 9 Planning Commission meeting. VIII. Department Reports A. City Administrator. The City Administrator noted her report attached. B. Public Works. The Public Works Director reported on one of the lift stations, vehicle purchase update, and pot hole repairs. C. Sheriff Department Liaison. Dave Strand provided a report of cases handled by deputies November 16 thru December 14. IX. Unfinished Business A. Flywater, LLC Requesting a Comprehensive Plan and Zone Change amendment from Public (P) to Medium Density Residential (R-2), Application ZC 10-01, for property located at the end of Brophy Way - Assessor s Map No. 34-1W-28, Tax Lots 400 and 402. Parcel 2: acres, and Parcel 3: 4.90 acres, totaling acres. Mayor stated the public hearing and the record in this matter has been closed so no further input from applicant or the public will be heard. Councilor Ulrich recused himself from the application based on ex parte and bias. Motion to deny the requested Comprehensive Plan Amendment and Zone Change. The proposed Comprehensive Plan Amendment and Zone Change does not solve any documented shortage of lands in Shady Cove available to meet its housing goals. The proposal for medium density zoning is also not consistent with the city s pattern of designating lands adjacent to the Rogue River as low density residential. Motion by Councilor Hughes. Second by Councilor Kyle. Roll Call: 4 Ayes. Motion passed 4-0. (Councilor Ulrich abstained) 13

14 City of Shady Cove City Council Regular Meeting Minutes December 16, 2010 Page Four of Five X. New Business A. Kincaid (10 Steelhead Place) Request for Additional Time Floodplain Ordinance Compliance. City Administrator contacted Mr. Kincaid who stated he was able to contact the contractor and was optimistic the job would be completed by January 31, Motion to approve the request by Michael Kincaid for additional time to bring 10 Steelhead Place into compliance with the City of Shady Cove Floodplain Ordinance, setting a new deadline of January 31, Motion by Councilor Ulrich. Second by Councilor Kyle. Roll Call: All Ayes. Motion passed 5-0. B. To consider Resolution approving signatories on City bank accounts. Motion to adopt Resolution approving signators at Premier West Bank. Motion by Councilor Hayes. Second by Councilor Hughes. Roll Call: All Ayes. Motion passed 5-0. C. Consideration of supporting RVCOG in their efforts to obtain a DEQ 319 grant. RVCOG has an opportunity to submit a DEQ 319 grant application to help fund the TMDL program thereby reducing the City s cost for RVCOG services. Motion to show the City of Shady Cove s support as written in the Letter of Support and authorizing the Mayor to sign Motion by Councilor Hayes. Second by Councilor Ulrich. Roll Call: All Ayes. Motion passed 5-0. XI. Public Comment on Agenda Items Excluding Flywater, LLC Margaret Bradburn s comments were unauthorized and stricken from the record. John Ward chair of the Conservation Committee of the Rogue Fly Fishers commented on the Riparian Ordinance development and offered their services. 14

15 City of Shady Cove City Council Regular Meeting Minutes December 16, 2010 Page Five of Five XII. Council Comments Councilor Ulrich emphasized to the community the burden of floodplain enforcement the City bears as part of FEMA regulations and asked for the community s support. Mayor Holthusen noted an upcoming fundraising event sponsored by the Boys and Girls Club. XIII. Adjournment There being no other business before the Council, the Mayor adjourned the meeting at 7:37 p.m. Approved: Ronald Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Councilor Hayes Mayor Holthusen Councilor Hughes Councilor Kyle Councilor Ulrich 15

16 Mayor Ron Holthusen Councilors Jim Ulrich Leith Hayes Gary Hughes Bill Kyle DATE: January 6, 2011 MEMO TO: Mayor and Council FROM: Danise Brakeman, City Administrator SUBJECT: City Administrator s Report The City Administrator written report is provided monthly and attached to the first meeting agenda. This report covers activities from December 15, 2010 January 1, 2011 Dec 15 Hosted Small Cities Region V Meeting Dec 17 Attended Oregon Association of Municipal Recorders luncheon. Met with Representative Gilman to discuss floodplain issues. Up-coming Meetings Scheduled Between January 1-31 Jan 3 Eagle Point/Upper Rogue Chamber luncheon Jan 5 TMDL meeting at RVCOG Jan 6 Study Session; Council Meeting Jan 7 Staff Meeting Jan 11 Local Government Management Training Jan 13 Planning Commission Meeting Jan 20 Joint Study Session; Council Meeting Jan 21 Staff Meeting Jan 24 Public Managers Meeting Jan 26 RVCOG Board Meeting Jan 31 Budget Committee Mid-Year Review 16

17 PUBLIC WORKS DEPARTMENT REPORT Date: December 29, 2010 To: From: cc: Subject: Mayor and Council George Bostic, Public Works Director Danise Brakeman, City Administrator; File Activities and Information Staff is doing a very good job operating and maintaining the treatment facility despite the increase in flow that we have recorded over the past month. Through December 28 th the removal rate for BOD (Biochemical Oxygen Demand) and TSS (Total Suspended Solids) was 96.7% and 97.6% respectively. Following is a graph comparing plant flow for 2009 and Plant Flow (MGD) *December 2010 is through the 28th Oct Nov Dec On 12/22/10 at 8:16 am we had an alarm on Lift Station #2. Staff removed rags from the pumps and cleared the alarm. On 12/29/10 at 3:30 am we had an alarm on Lift Station #2. Staff removed another piece of RV sewer hose from a pump and cleared the alarm. 17

18 The annual cleaning of all pump station wet wells was accomplished during the month of December. Although it doesn t appear so, staff did fill potholes during the months of November and December. On 12/22/10 John Thorpe and Charles Thomas attended a certification class on Erosion and Sediment Control. On 12/28/10 John Thorpe and Charles Thomas attended a Pump & Motor training class. On 12/29/10 I attended the certification class on Erosion and Sediment Control. I will be scheduling James Case to attend the Erosion and Sediment Control class either January 4 th or 5 th. All the storm drains are functioning properly even with all the rainfall that we have received, especially during the month of December. No flooding was reported. During storm events, such as the most recent, staff will rotate throughout the community, checking all storm drain inlets and ditches, removing debris that may cause a potential flooding situation. Following is a graph comparing total rainfall for 2009 and Rainfall (Total Inches) *December 2010 is through the 28th Oct Nov Dec GB:gb 18

19 City Council Agenda Item Summary City of Shady Cove, Oregon Meeting Date: January 6, 2011 Issue/Agenda Title: Appointments (2) to Shady Cove Budget Committee Prepared By: Dale Shaddox City Adm. Approval: DB Issue Before the Council: Interviews and appointments to fill two positions on the Shady Cove Budget Committee. Staff Recommendation: It is recommended that the City Council interview the applicants at today s Study Session, and then by separate motions appoint two applicants to the Budget Committee at this evening s regular City Council meeting. Proposed Process and Motions: Process At the Council s evening meeting it would be appropriate for the Mayor to, after briefly identifying the agenda item to be considered, turn over the nomination and voting process to the City Administrator/Recorder. The City Administrator will open nominations from the Council for appointment to each vacancy separately, as follows: Call for any general discussion/comments by Councilors on the afternoon interviews and individual candidates. Call for nominations from Councilors to fill the first vacancy. Multiple nominations may be offered. Close the nominations. Call for any additional comments on the nominees from Councilors. Call for a motion/second and vote on the nominations in the order in which the nominations were offered. The first successful vote to appoint a nominee will conclude the process for that first position. The language for the motions is offered below. Call for nominations from the Council to fill the second vacancy. Proceed with the same process of motions and voting as for the first appointment above. 19

20 Motions - These positions will be filled by regular motions (motion/second/discussion if any/roll call vote) of the City Council. Two separate motions are in order. The motions should be structured as follows: I MOVE TO APPOINT TO THE SHADY COVE BUDGET COMMITTEE FOR A THREE-YEAR TERM ENDING DECEMBER 31, 2013, EFFECTIVE IMMEDIATELY. Key Facts and Information Summary: Two positions are available for appointment, the first being the vacancy created by the appointment of Jim Ulrich to the City Council, and the second is to fill a position currently occupied by Joan Reitz whose term expires in March. New appointees will serve until December 31, Also, please note that there is a proposed change in the overall stated terms of appointed Budget Committee members to end at the end of a calendar year rather than in March. This change actually better coincides with the beginning of each upcoming budget preparation schedule and mid-year budget review each January. This change in term date will allow newly appointed members to fully participate in the January meetings. The appointed members serve for 3 consecutive budget cycles. Other Alternatives Considered: N/A City Council Goals: N/A Attachment List: Copies of all applications submitted for Council s consideration. Roster of the Shady Cove Budget Committee and vacancies to be filled. Fiscal Notes: No costs for this action. The Budget Committee members review and recommend approval of the annual city budget. 20

21 BUDGET COMMITTEE MEMBERS FY Tom Anderson, term thru 12/31/11 Lena Richardson, term thru 12/31/11 Cassondra Smith, term thru 12/31/11, term thru 12/31/13, term thru 12/31/13 All positions are considered three-year terms *********************************************** Ron Holthusen, Mayor Leith Hays, Councilor Gary Hughes, Councilor Bill Kyle, Councilor Jim Ulrich, Councilor 21

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37 City Council Agenda Item Summary City of Shady Cove, Oregon Meeting Date: January 6 and January 20, 2011 Issue/Agenda Title: Ordinance No. 258, Offensive Exterior Lighting Declared a Nuisance ORDINANCE NO. 258 AN ORDINANCE OF THE CITY OF SHADY COVE AMENDING SECTION NUISANCES DECLARED OF CHAPTER 90, NUISANCES AND OFFENSES OF THE SHADY COVE MUNICIPAL CODE, ADDING SUBSECTION 90.03(C)(3) REGARDING OFFENSIVE EXTERIOR LIGHTING. Prepared By: Dale Shaddox City Adm. Approval: DB Issue Before the Council: Consider the attached Ordinance proposing to declare offensive exterior lighting a nuisance, to be added to Chapter 90 Nuisances and Offenses of the Shady Cove Code of Ordinances. Staff Recommendation: Staff recommends approval of the proposed Ordinance. The Planning Commission has reviewed the draft and is in agreement with it. Proposed Motion: For the first time on the Council s agenda tonight I MOVE THE INITIAL READING, BY TITLE ONLY, OF ORDINANCE NO. 258, AN ORDINANCE OF THE CITY OF SHADY COVE AMENDING SECTION NUISANCES DECLARED OF CHAPTER 90, NUISANCES AND OFFENSES OF THE SHADY COVE MUNICIPAL CODE, ADDING SUBSECTION 90.03(C)(3) REGARDING OFFENSIVE EXTERIOR LIGHTING. At the second meeting the appropriate motion would be: I MOVE TO ADOPT ORDINANCE NO. 258 AN ORDINANCE OF THE CITY OF SHADY COVE AMENDING SECTION NUISANCES DECLARED OF CHAPTER 90, NUISANCES AND OFFENSES OF THE SHADY COVE MUNICIPAL CODE, 37

38 ADDING SUBSECTION 90.03(C)(3) REGARDING OFFENSIVE EXTERIOR LIGHTING. Key Facts and Information Summary: See attached Planning Commission Agenda Summary on this matter. City Council Goals: None. Attachment List: Ordinance Planning Commission Agenda Summary. Fiscal Notes: No additional costs will be associated with this addition to the Municipal Code. Enforcement will be performed by the City s assigned Community Services Officer under the existing Sheriff Contract. 38

39 City of Shady Cove Ordinance No. 258 AN ORDINANCE OF THE CITY OF SHADY COVE AMENDING SECTION NUISANCES DECLARED OF CHAPTER 90, NUISANCES AND OFFENSES OF THE SHADY COVE MUNICIPAL CODE, ADDING SUBSECTION 90.03(C)(3) REGARDING OFFENSIVE EXTERIOR LIGHTING. Whereas, the City of Shady Cove Code of Ordinances includes Chapter 90, Nuisances and Offenses which identifies numerous conditions declared as nuisances, along with abatement, appeals and penalty procedures; and Whereas, the City Council desires to add offensive exterior lighting to the list of declared nuisances subject to abatement. THE COUNCIL OF THE CITY OF SHADY COVE ORDAINS AS FOLLOWS: Subsection 90.03(C)(3) is hereby added to Section 90.03, NUISANCES DECLARED to read as follows: (3) Offensive Exterior Lighting. No person shall knowingly allow or direct an exterior lighting fixture to shine light that unreasonably interferes with another person s use or enjoyment of property or shine direct rays of light into a significant natural resource area, vegetated corridor, water quality sensitive area, or preserved habitat benefit area. Direct rays from lighting sources shall not be visible past the property boundaries and shall not shine into the night sky, accomplished by orienting lighting fixtures towards the ground or by utilizing shields, hoods or full cut-off design lighting fixtures. ADOPTED by the City Council of the City of Shady Cove, this day of, Approved: Ronald Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Councilor Hayes Councilor Hughes Councilor Kyle Councilor Ulrich Mayor Holthusen 39

40 Planning Commission Agenda Item Summary City of Shady Cove, Oregon Meeting Date: December 9, 2010 Issue/Agenda Title: Draft Exterior Lighting Nuisance Ordinance Prepared By: Dale Shaddox City Adm. Approval: Issue Before the Commission: Discussion and consideration whether to recommend that the City Council adopt the draft ordinance. Staff Recommendation: It is recommended that the Planning Commission discuss the draft ordinance and decide whether to forward to the City Council. Proposed Motion: I move to forward the draft ordinance related to offensive exterior lighting on to the City Council for it to consider adopting it in the approved manner after conducting the necessary public hearing. Key Facts and Information Summary: The Planning Commission has been discussing this topic for the past several months. At your last meeting staff offered to prepare a simple ordinance for consideration that would solve at least a part of the overall concerns about exterior lighting. Other Alternatives Considered: A complete, all encompassing ordinance dealing with every issue surrounding offensive lighting would be a longer process. This proposal focuses on the basic issue of exterior lighting on private property offending adjacent property owners. Attachment List: Draft Ordinance re Offensive Exterior Lighting Complete copy of City of Beaverton Municipal Code Section Nuisances Affecting the Public Peace. 40

41 City Council Agenda Item Summary City of Shady Cove, Oregon Meeting Date: January 6, 2011 Issue/Agenda Title: Discussion and Action Floodplain Management Program Prepared By: Dale Shaddox City Adm. Approval: DB Issue Before the Council: Whether to authorize a new approach to Floodplain Management in Shady Cove. Staff Recommendation: Staff recommends that the City Council authorize the termination of the current Public Works Management (PWM) contract for Floodplain Management, not for cause, and instead contract with the firm of Building Department Services (BDS) to provide both Floodplain Management and Planning Services for the remainder of the current fiscal year. Proposed Motion: If the Council agrees with the staff recommendation an appropriate motion would be: I MOVE TO APPROVE THE TERMINATION OF THE EXISTING CONTRACT WITH PUBLIC WORKS MANAGEMENT, NOT FOR CAUSE, AND APPROVE CONTRACTING WITH BUILDING DEPARTMENT SERVICES FOR FLOODPLAIN MANAGEMENT AND PLANNING SERVICES. Key Facts and Information Summary: Shady Cove has historically contracted with PWM for floodplain management. There has been a recent change in staffing at PWM, losing their Certified Floodplain Manager (CFM), resulting in a new letter proposal from PWM to continue to provide floodplain management under a different scenario as detailed in its letter to the City dated December 13, 2010 (attached). City staff has also taken the initiative to contact and interview other individuals and contractors in the area as to their certification, interest, experience and costs. Out of those discussions has come a proposal from Building Department 41

42 Services (BDS) to provide floodplain management services plus land use planning services, with a physical City Hall office presence in Shady Cove for about 20 hours per week, or as needed to complete assignments. Attached are documents describing the company and its principal officers, services offered, fee schedule and a Letter Agreement Proposal dated Transitioning to a new contractor will require some coordination and sharing of information. In addition, it will be important to carefully control expenditures to stay within budgeted allocations. Of note is that your agenda this evening includes a separate resolution to authorize the transfer of additional funds from contingencies to the floodplain line item as an assist in this effort. The potential advantages of contracting with BDS are numerous as mentioned above (on-site office presence and planning services) plus field inspections and the potential of providing building department and code enforcement services if needed in the future. While this proposal is to contract with BDS for the remainder of this fiscal year, it is the clear intention of staff to pursue the notion of possibly funding a new fulltime position to handle at least floodplain management and planning services, plus follow-up on planning/building conditions of approval. It could even include some building permit processing and code enforcement. This further evaluation of alternatives and costs will be a part of the annual budget process to be discussed with the Budget Committee and City Council this spring. Other Alternatives Considered: As noted above in the Key Facts and Information Summary section. City Council Goals: All of these efforts are consistent with the Council s goals to Bring floodplain management and compliance in-house by December, 2010 and Fund position for ensuring codes and conditions are met. Attachment List: PWM letter proposal dated December 13, 2010 BDS Letter Agreement Proposal dated December 29, 2010 BDS information Fiscal Notes: The intent is to closely monitor costs if this change in contractors and approach is approved. As noted above, there is a resolution elsewhere on your agenda this evening that proposed to transfer funds from a contingency line item to floodplain management in the General Fund to cover possible additional costs in the current fiscal year. 42

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45 Building Department Services, LLC FLOODPLAIN MANAGEMENT PROPOSAL and LETTER AGREEMENT A Proposal And Letter Agreement To Provide Floodplain Management / Planning Consulting Services To The City Of Shady Cove December 29,

46 A PROPOSAL and LETTER AGREEMENT FOR Floodplain Management and Planning Consulting Services For City of Shady Cove, Oregon By Building Department Services LLC DESCRIPTION: This proposal and Letter Agreement is for Building Department Services LLC, (BDS) a State of Oregon licensed third party provider, to perform floodplain management and planning services in conformance with the City of Shady Cove s (City) adopted ordinances and all applicable state, federal and local laws. SCOPE OF SERVICES: Building Department Services LLC (BDS) proposes to perform the following tasks: Provide floodplain administration and land use planning duties in conformance with City s adopted ordinances and all applicable state, federal and local laws Provide floodplain plan review to facilitate compliance with applicable state, federal and local laws Provide floodplain permitting in coordination with floodplain management procedures Ensure coordination of building functions within the floodplain with planning and code enforcement processes Provide floodplain inspection services for building, plumbing, electrical, mechanical, sewer, water and mobile home set-ups Work with the City Administrator to develop a floodplain program to identify floodplain violations and promote compliance Formalize procedures to recognize and provide incentives for individuals to improve their knowledge of floodplain management concepts and benefits Work with the City Administrator to seek funding opportunities related to floodplain management and or compliance Work with the City Administrator to facilitate the adoption of the Shady Cove Floodplain Ordinance, including the Flood Insurance Study and associated FIRM and D FIRM maps Facilitate open houses and public outreach programs as requested by City Provide BDS staff at City Hall location three (3) days per week, or as needed by City. Provide offsite work hours as needed, to include telephone conferences, and clerical work to produce the desired results, as directed by the City Administrator 1 P a g e 46

47 PROJECT APPROACH The above scope of work will be conducted within the City of Shady Cove by BDS principals Lois DeBenedetti, Dale Bohannan, Pat DeBenedetti, or their staff members, with the primary contact being Lois DeBenedetti. Plan reviews, phone interviews, and clerical services may also be conducted at various offices of BDS. BDS is governed by, and complies with, Chapter 918, Division 90 of Oregon Administrative Rule. BDS will provide all necessary training, certification and licensing for its principals and staff, and shall provide copies of all training, certifications, and licensing to City upon request. ASSUMPTIONS: All applicable forms will be provided by the City The City has staff to provide permit intake and issuance BDS will have access to computer, phone, office equipment and staff assistance for requested services City will provide staff to forward messages, phone, , fax etc. to coordinate activities with BDS PROJECT SCHEDULE BDS is available to begin providing requested services immediately upon execution of this Letter Agreement, and will perform outlined services for a term of 18 months. INSURANCES: BDS will provide professional liability and personal liability insurance. and other insurance as required by law, in amounts meeting or exceeding that required by the State of Oregon for licensed, certified third party providers, and shall provide to City copies of policies within 20 days of signatures on agreement, and when said policies renew. COST OF SERVICES BDS will provide the above services, for Sixty- Five Dollars ($65.00) per hour. BDS fees will be invoiced monthly. Mileage accumulated for the performance of normal floodplain /planning administration duties are included within this proposal. Mileage accumulated for out of scope services will be billed at the going federally adopted rate per mile P a g e

48 CONTACT INFORMATION BDS may be contacted at: Office , or Dale A. Bohannan Lois DeBenedetti Patrick DeBenedetti 3855 Dover Ridge Dr. Unit 16 P. O. Box 238 P.O. Box 238 Medford, OR Rogue River, OR Rogue River, OR TERMINATION Either the City or BDS may terminate this Agreement with 30 days written notice delivered to the other party directly or by certified mail with receipt for delivery returned to the sender. This Letter Agreement was approved by the Shady Cove City Council during their regular meeting held January 6, City of Shady Cove Building Department Services LLC By: Ron Holthusen, Mayor By: Lois A. DeBenedetti Manager 3 P a g e 48

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54 Meeting Date January 6, 2011 CITY COUNCIL AGENDA ITEM SUMMARY City of Shady Cove, Oregon Issue/Agenda Title Resolution No Prepared By: George Bostic Dept Head Approval: City Mgr Approval: Issue Before the Council: Whether to adopt Resolution No , A Resolution of the City Council of the City of Shady Cove, Oregon authorizing the increase of resources and expenditures in the General Fund for Grants Water Master Plan Update FY budget. Staff Recommendation: Adopt Resolution No Proposed Motion: I move that the City Council adopt Resolution No , A Resolution of the City Council of the City of Shady Cove, Oregon authorizing the increase of resources and expenditures in the General Fund for Grants Water Master Plan Update for FY Budget. Key Facts and Information Summary: During the budget process it was discussed that there was a possibility of receiving and expending $10,000 of the $20,000 grant award approved by Infrastructure Finance Authority in the FY budget. This did not occur and the entire award will be received and expended during FY budget. The General Fund budget reflects an amount of 54

55 $10,000 for the Water Master Plan Update grant therefore; an amount of $10,000 needs to be added to this line item to reflect the entire grant award. Oregon Revised Statue (3) allows for an exception to Local Budget Law and provides for expenditures in the year of receipt of grants, gifts, bequests or devises transferred to the local government in trust for a specific purpose may be made after enactment of a resolution or ordinance authorizing the expenditure. Resolution No accomplishes this without the need for a supplemental budget. Other Alternatives Considered: None City Council Goals: Make significant progress toward a communitywide water system for fire suppression (safety) and domestic water (livability). Attachment List: Resolution No Fiscal Notes: None 55

56 City of Shady Cove Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHADY COVE, OREGON AUTHORIZING THE INCREASE OF RESOURCES AND EXPENDITURES IN THE GENERAL FUND FOR GRANTS WATER MASTER PLAN UPDATE FOR FY BUDGET Whereas, the City Council of the City of Shady Cove has duly noted that the adopted Budget for Fiscal Year for the Water Master Plan Update resource and expenditure needs to reflect the entire grant award; and Whereas, ORS (3) allows for an exception to Local Budget Law and provides for expenditures in the year of receipt of grants, gifts, bequests or devises transferred to the local government in trust for a specific purpose may be made after enactment of a resolution or ordinance authorizing the expenditure; and Whereas, when the budget for Fiscal Year was compiled, $10,000 for the Water Master Plan Update was budgeted to be received and expended; and Whereas, the grant amount authorized by Infrastructure Finance Authority was $20,000 for the Water Master Plan Update; and Now, Therefore, Be It Resolved, that the City Council of the City of Shady Cove authorizes the following change to the FY budget. Resources Fund Resources Existing Change Adjusted Cash on Hand $221,800 $221,800 General Fund Previously Levied Taxes Interest $4,000 $4,000 $4,000 $4,000 State Subventions Franchise Fee City Fees (Rafting, TOT, Bus. Lic) City Fees (Building & Planning) Administrative Allocation Grants Water Master Plan Update Municipal Court Miscellaneous Traffic Enhancement Fee Public Safety Fee $70,000 $190,000 $75,000 $19,000 $129,000 $10,000 $55,000 $1,500 $240,000 $10,000 $70,000 $190,000 $75,000 $19,000 $129,000 $20,000 $55,000 $1,500 $240,000 56

57 Taxes Est. $110,700 $110,700 Total Resources $1,130,000 $10,000 $1,140,000 Expenditures Fund Requirements Existing Change Adjusted Materials & Services: General Fund Total Materials and Services Professional Services (Auditor, Legal) Operations and Maintenance Promotion/Tourism/Beautification Municipal Court Floodplain Management Water System Master Plan Upgrade Discretionary Miscellaneous Grants $75,000 $120,000 $15,000 $30,500 $60,000 $10,000 $10,000 $75,000 $120,000 $15,000 $30,500 $60,000 $20,000 $310,500 $10,000 $320,500 Adopted by the City Council of the City of Shady Cove this 6 th day of January Approved: Ron Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Councilor Ulrich Councilor Hayes Councilor Hughes Councilor Kyle Mayor Holthusen 57

58 Meeting Date January 6, 2011 CITY COUNCIL AGENDA ITEM SUMMARY City of Shady Cove, Oregon Issue/Agenda Title Resolution No Prepared By: George Bostic Dept Head Approval: City Mgr Approval: Issue before the Council: Whether to adopt Resolution No , A Resolution of the City Council of the City of Shady Cove, Oregon authorizing the transfer of funds between accounts within the General Fund, for fiscal year Staff Recommendation: Adopt Resolution No Proposed Motion: I move that the City Council adopt Resolution No , A Resolution of the City Council of the City of Shady Cove, Oregon authorizing the transfer of funds between accounts within the General Fund for Fiscal Year Key Facts and Information Summary: Resolution No authorized an increase of $10,000 to the General Fund Materials & Services Category, Water Master Plan Update line item which increased the total appropriations by the same amount. That increase is reflected in this resolution as well. 58

59 The adopted budget for Fiscal Year reflected for the Interim Administrator position in the General Fund Personal Services Category. Due to unanticipated circumstances the need to temporarily fill that position occurred, therefore monies need to be appropriated to cover the cost of filling that position. Resolution No reflects $17,500 to cover the cost of this position full-time through December 31, 2010 and includes sufficient monies to cover the cost of 100 additional hours through June 30, 2011 if deemed necessary. These dollars are shown as a transfer from Contingency to the Personal Services Category in the Interim Administrator line item. It is anticipated that there will be a shortfall of funds in the Materials & Services Category Floodplain Management line item. This shortfall is due to a possible change of contract services and unanticipated charges. Resolution No reflects the additional dollars of $9,500 recommended by staff to be needed to cover cost through the end of the fiscal year. These dollars are shown as a transfer from Contingency to the Materials & Services Category Floodplain Management line item. The adopted budget for Fiscal Year reflected for the Vehicle Lease line item within the General Police Fund Debt Service Category. As the contract was written the lease should have been considered a daily operations cost and not a debt. An unanticipated payment totaling $4,722 was required during Fiscal Year Resolution No reflects this additional cost and is shown as a transfer from Contingency to the Material & Services Category in the Operations & Maintenance line item. Other Alternatives Considered: None City Council Goals: None Attachment List: Resolution No Fiscal Notes: None 59

60 City of Shady Cove Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHADY COVE, OREGON AUTHORIZING THE TRANSFER OF FUNDS BETWEEN ACCOUNTS WITHIN THE GENERAL FUND, FOR FISCAL YEAR Whereas, Resolution No authorized an increase of $10,000 to the General Fund Materials & Services Category, Water Master Plan Update line item which increased the total appropriations by the same amount; and Whereas, the Fiscal Year adopted budget reflected for the Interim Administrator position in the Personal Services Category; and Whereas, the Interim Administrator position was temporarily filled due to unanticipated circumstances; and Whereas, it is anticipated that there will be additional monies needed to cover costs for Floodplain Management through the end of Fiscal Year ; and Whereas, there was an unanticipated payment for the Police Vehicle Lease totaling $4,722 required during the Fiscal Year budget. Now, Therefore, Be It Resolved, that the City Council of the City of Shady Cove makes the following transfers in the General Fund Fiscal Year budget. Intrafund Transfers General Fund Existing Change Adjusted General Administration: Personal Services: Administrator Administrative Assistants Benefits Office Clerk Overtime Interim Administrator $70,000 $85,600 $83,300 $17,500 $70,000 $85,600 $83,300 $17,500 Materials & Services: Professional Services Operations and Maintenance Promotion/Tourism/Beautification Municipal Court Floodplain Management Water System Master Plan Upgrade $75,000 $120,000 $15,000 $30,500 $60,000 $20,000 $4,722 $9,500 $75,000 $124,722 $15,000 $30,500 $69,500 $20,000 60

61 Discretionary Miscellaneous Grants Capital Outlay: Building Improvements $10,000 $10,000 General - Police: Personal Services Materials & Services Capital Outlay Debt Service (Vehicle Lease) $30,000 $390,744 $30,000 $390,744 Parks & Recreation: Materials & Services Capital Outlay $8,000 $100 $8,000 $100 Transfers And Contingencies: Operating Contingency Reserve For Future (Unappropriated) $41,756 ($31,722) $10,034 $100,000 $100,000 Total Appropriations $1,140,000 $1,140,000 Adopted by the City Council of the City of Shady Cove this 6 th day of January Approved: Ron Holthusen Mayor Attest: Debby Jermain Deputy City Recorder Council Vote: Councilor Ulrich Councilor Hayes Councilor Hughes Councilor Kyle Mayor Holthusen 61

62 Meeting Date January 6, 2011 CITY COUNCIL AGENDA ITEM SUMMARY City of Shady Cove, Oregon Issue/Agenda Title Resolution No Prepared By: George Bostic Dept Head Approval: City Mgr Approval: Issue before the Council: Whether to adopt Resolution No , A Resolution of the City Council of the City of Shady Cove, Oregon authorizing the transfer of funds between accounts within the Street Fund, for Fiscal Year Staff Recommendation: Adopt Resolution No Proposed Motion: I move that the City Council adopt Resolution No , A Resolution of the City Council of the City of Shady Cove, Oregon authorizing the transfer of funds between accounts within the Street Fund for Fiscal Year Key Facts and Information Summary: The adopted budget reflects $207 for overtime and is insufficient to cover cost of purchasing accumulated comp time earned by our employees. The Union Contract provides for purchase of compensatory time banked. All the Public Works staff requested payment of comp time earned through November. Resolution No reflects the additional dollars needed of $2,000 to cover the purchase of comp time in the Personal Services Category Overtime line item as transfer from the Capital Outlay Pavement Maintenance line item thereby not utilizing any of the Contingency dollars. 62

63 The adopted budget reflects an underestimated $3,312 for benefits. The financial report through November 30, 2010 reflects an actual cost of $3,183 therefore Resolution No reflects an increase to the benefits line item of $5,000 to cover the cost through the end of the year. This increase is shown as a transfer from the Capital Outlay Pavement Maintenance line item and thereby not utilizing any of the Contingency dollars. The Fiscal Year budget reflects $35,700 in the Operations & Maintenance line item. The November 30, 2010 financial report reflects an actual cost of $35,343. This is due to the maintenance work such as crack sealing, striping and dust control that was done at the beginning of the budget year. The Capital Outlay Pavement Maintenance line item of $25,000 was setup in the Fiscal Year budget to provide for pavement maintenance such as crack sealing, striping, and possibly some asphalt overlay work. In reality this type of maintenance should be included in the Materials & Services Category Operations & Maintenance line item and not as a capital expense. Therefore, it is the recommendation of staff that $10,000 from the Pavement Maintenance line item be transferred to the Materials & Services Category in the Operations & Maintenance line item to reduce the possibility of exceeding expenditures in the major category. Resolution No reflects that transfer and thereby not utilizing any of the Contingency dollars. The Fiscal Year budget reflects $1,050 in the Materials & Services Category Professional Services line item for surveying and engineering of planned projects. Surveying and engineering was necessary to complete the design of the Cleveland Street Improvement project. The November 30, 2010 financial report reflects an actual cost of $4,302 therefore additional dollars are needed to cover the cost of design for the Cleveland Street Improvement project through the end of the budget year. Staff is recommending that $8,000 be transferred from the Capital Outlay Pavement Maintenance line item to cover this cost. Resolution No reflects this transfer. Other Alternatives Considered: None City Council Goals: None Attachment List: Resolution No Fiscal Notes: None 63

64 City of Shady Cove Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHADY COVE, OREGON AUTHORIZING THE TRANSFER OF FUNDS BETWEEN ACCOUNTS WITHIN THE STREET FUND FOR FISCAL YEAR Whereas, the Street Fund 01 Personal Services Category, Benefits was underestimated for the Fiscal Year budget; and Whereas, the Street Fund 01 Personal Services Category, Overtime was underestimated for the Fiscal Year budget; and Whereas, the Street Fund 01 Materials and Services Category, Operations and Maintenance, was underestimated for the Fiscal Year budget; and Whereas, the Street Fund 01 Materials and Services Category, Professional Services, was underestimated for the fiscal year budget; and Whereas, the Street Fund, Capital Outlay has a line item titled Pavement Maintenance, and has sufficient monies allocated within that line item for the necessary expenditures. Now, Therefore, Be It Resolved, that the City Council of the City of Shady Cove makes the following transfers in the Street Fund for the fiscal year budget: Intrafund Transfers Street Fund 01 Existing Change Adjusted Personal Services: Public Works Director Maintenance II Maintenance II Overtime Benefits Materials & Services: Operations and Maintenance Utilities Vehicle Maintenance Professional Services Administrative Allocation Miscellaneous Grants Capital Outlay: Bike Path Vehicle Purchase $6,107 $3,623 $207 $3,312 $35,700 $10,500 $2,100 $1,050 $31,000 $25,000 $19,800 $20,000 $2,000 $5,000 $10,000 $8,000 $6,107 $3,623 $2,207 $8,312 $45,700 $10,500 $2,100 $9,050 $31,000 $25,000 $19,800 $20,000 64