Shady Cove City Council Study Session

Transcription

1 I. Call to Order Agenda Shady Cove City Council Study Session Shady Cove City Council Chambers Highway 62 Shady Cove, Oregon Thursday, February 18, :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. Discussion: Water Master Plan Update - Engineering Services. B. Status of City Administrator recruitment. IV. City Council Comments V. Public Comment on Agenda Items Limited to 3 minutes per individual. VI. 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

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5 City of Shady Cove City Council Study Session Minutes I. Call to Order Thursday, February 4, :30 P.M. The Mayor called the Study Session to order at 1:30 p.m. A. Roll call. Present: Staff: Mayor Holthusen Councilor Bradburn Council President Kyle Councilor Hayes Councilor Hughes. Interim City Administrator, Dale Shaddox Deputy City Recorder, Margaret Borgen Office Assistant, Debby Jermain C. Announcements. The Mayor read the announcements. II. Public Comment The Mayor requested public comment be held until after the PWM presentation on floodplain issues. III. Subject of Study Session Continued discussion on Floodplain Program/staff update/appeal process/substantial compliance. Becca Croft provided the council with a status report of the remaining 8 properties with violations identified in the 2002 FEMA CAV report. The Mayor directed staff to write a letter to a particular property re their freezer. Becca explained an issue regarding flood openings that comply with the ordinance but not with technical guidance and therefore are not being counted on Elevation Certificates. She asked the Council for permission to accept these openings as compliant with proper documentation in the property file. She also recommended a revision to the ordinance language to better define flood opening requirements. 5

6 City of Shady Cove City Council Study Session Minutes February 4, 2010 Page Two of Two Pages All 5 Councilors agreed with her interpretation of the ordinance and the eventual changes to the language. Public comments were regarding the vents above BFE and ensuring FEMA receives a draft of the revised ordinance. The City Administrator noted that PWM will provided once a month regular updates to clarify polices and Procedures. He also noted that the new Community Services Officer will be able to help with code enforcement, including FEMA. IV. City Council Comments. Mayor Holthusen commented on wanting a presentation before the Council by a professor from SOU on sustainable communities. V. Public Comment on Agenda Items. Jim Ulrich commented on the Police Services Contract. VI. Adjournment. The Mayor adjourned the Study Session at 3:08 p.m. Approved: Attest: Ronald Holthusen Mayor Margaret Borgen Deputy City Recorder Council Vote: Councilor Bradburn Mayor Holthusen Councilor Hayes Councilor Hughes Councilor Kyle 6

7 City of Shady Cove City Council Regular Meeting Minutes I. Call to Order Thursday, February 4, :30 P.M. The Mayor called the Regular City Council Meeting to order at 6:30 p.m. in the City Council Chambers. A. Roll call. Present: Staff: Mayor Holthusen Councilor Bradburn Council President Kyle Councilor Hayes Councilor Hughes Interim City Administrator, Dale Shaddox Deputy City Recorder, Margaret Borgen Office Assistant, Debby Jermain 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. He also noted that there would be an addition agenda item, Liquor License approval for Bel D is. II. Public Comment. None. III. Community Feedback. None. IV. Presentation 7

8 City of Shady Cove City Council Regular Meeting Minutes February 4, 2010 Page Two of Four Pages A. Presentation of plaques to the outgoing Shady Cove Police Officers. The Mayor presented plaques to Officers Scott Waldon, Candace Waldon, Andy Bratton and Anthony Russell for their years of service to the City of Shady Cove. V. Consent Calendar A. Accounts Payable: $46, B. Minutes of the January 21, 2010 Council Study Session and Regular meeting. Motion to approve Consent Calendar. Motion by Councilor Bradburn. Second by Councilor Hughes. Roll Call: All Ayes. The motion passed 5-0. (Councilor Hayes abstained from Rivertech) VI. Written Communications None. VII. Council Reports. Business and Tourism: Councilors Hayes and Bradburn commented on attending the Eagle Point/Upper Rogue Chamber meeting. Councilor Bradburn noted that there will be a community-wide yard sale in Eagle Point on June 12, 2010 and the vintage Fair at Butte Creek Mill May 8-9, SORC: Councilor Hayes noted that since Jackson County has taken over police services for Shady Cove, he may no longer be needed to be the liaison with SORC. He will attend one more meeting to determine his position. RVACT: None RVCOG: The mayor attended a presentation on the Census and noted that census taker training will be held at City Hall the week of February 22,

9 City of Shady Cove City Council Regular Meeting Minutes February 4, 2010 Page Three of Four Pages School District 9: Councilor Bradburn noted that the Spaghetti Dinner benefiting the Cool Club raised $3, 275 and $4,000 in pledges to bring their funding up to 93%. JCFD#4: None. Homelessness Initiative: Councilor Bradburn noted that homeless people in Jackson County have been counted by the Census Bureau. VIII. Department Reports A. City Administrator. The City Administrator commented on the remodel of the City Hall offices to accommodate the new Community Services Officer. B. The Public Works Director commented on the new landscaping and irrigation testing to be done later in the spring. He also noted that they will be doing smoke testing in the community to check inflow infiltration from roof drains or cracks in the pipe. IX. Unfinished Business None. X. New Business A. Added agenda item: Approval of liquor license for Bel D is. Motion to approve liquor license: Motion by Councilor Kyle. Second by Councilor Bradburn. Roll Call: All Ayes. The motion passed 5-0. B. Public Hearing to amend the Street and Subdivision Ordinances. The Mayor opened the public hearing at 7:03 p.m. There was no jurisdiction issue. The City Planner, Dick Converse provided the council with his staff report. Councilor Hughes, as a proponent, stated that this now allows the City to ask developers to do off-site improvements. There were no opponents testimony. The Mayor closed the public hearing at 7:18 p.m. 9

10 City of Shady Cove City Council Regular Meeting Minutes February 4, 2010 Page Four of Four Pages Motion to introduce and read by title only Ordinance No. 246, An Ordinance of the City of Shady Cove, Oregon, amending Ordinance No. 223 (Street Ordinance). Motion by Councilor Hughes. Second by Councilor Hayes Roll Call: All ayes. Motion passes 5-0. Motion to introduce and read by title only Ordinance No. 247, An Ordinance of the City of Shady Cove, Oregon, amending Ordinance No. 224 (Subdivision Ordinance). Motion by Councilor Hughes. Second by Councilor Bradburn. Roll Call: All ayes. Motion passes 5-0. XI. Council Comment. Councilor Hughes thanked the City Administrator, the Public Works Director, and the City Planner on their work on the street and subdivision ordinance revisions. Councilor Hayes requested and received information on city business licenses. XII. Public Comment on Agenda Items Lalah Davis requested and received information on the landscaping contractor hired by the City. IX. Adjournment There being no other business before the Council, the Mayor adjourned the meeting at 7:28 p.m. Approved: Ronald Holthusen Mayor Council Vote: Councilor Bradburn Councilor Kyle Mayor Holthusen Attest: Margaret Borgen Deputy City Recorder Councilor Hayes Councilor Hughes 10

11 City of Shady Cove Ordinance No. 255 AN ORDINANCE OF THE CITY OF SHADY COVE, OREGON AMENDING ORDINANCE NO. 223 (STREET ORDINANCE). Whereas, The City of Shady Cove adopted the Street Ordinance (Ordinance No. 223) on November 18, 2004; and Whereas, The City Council has requested that the Planning Commission evaluate and consider changes to the Street Ordinance; and Whereas, The City of Shady Cove Planning Commission held a duly noticed public meeting on November 12, 2009 on this application and achieved consensus that the changes were appropriate; and Whereas, the City of Shady Cove City Council held a duly noticed Public Hearing, on February 4, 2010, received public testimony, closed the public hearing, deliberated upon the application and voted to amend the Street Ordinance THE COUNCIL OF THE CITY OF SHADY COVE ORDAINS AS FOLLOWS Section 1B is amended by adding the following: 6. Off-Site street improvements shall be required of the developer(s) when deemed necessary by the City to ensure access streets to and from new planned development are uniform and current to City codes and standards. Such improvements as set forth herein shall be considered necessary for the general use of the property owner(s) of the development, the local neighborhood and the City s traffic and drainage needs including, but not limited to, grading and surfacing of streets and access ways, installation of facilities to supply domestic water, construction of storm and sanitary drainage and treatment facilities, and other improvements as hereafter set forth. Section 4A is amended by adding the following at the end of the first paragraph: 11

12 City of Shady Cove Ordinance 246 Two of Two Pages All off-site improvements conditions of approval shall be based on information and formulas derived from Justifying Exaction: Recent cases and mechanisms for implementing viable conditions of approval, December 1, 2006, to compare the amount of exaction to the level of impact. PASSED AND APPROVED by the Common Council of the City of Shady Cove this February 18, Approved: Attest: Ron Holthusen Mayor Margaret Borgen Deputy City Recorder Council Vote: Councilor Bradburn Councilor Hayes Councilor Hughes Councilor Kyle Mayor Holthusen 12

13 City of Shady Cove Ordinance No. 247 AN ORDINANCE OF THE CITY OF SHADY COVE, OREGON AMENDING ORDINANCE NO. 224 (SUBDIVISION ORDINANCE). Whereas, The City of Shady Cove adopted the Subdivision Ordinance (Ordinance No. 224) on December 2, 2004 ; and Whereas, the City Council has requested that the Planning Commission evaluate and consider changes to the Subdivision Ordinance; and Whereas, The City of Shady Cove Planning Commission held a duly noticed public meeting on November 12, 2009 on this application, and achieved consensus that the changes were appropriate; and Whereas, the City of Shady Cove City Council held a duly noticed Public Hearing, on February 4, 2010, received public testimony, closed the public hearing, deliberated upon the application, and voted to amend the Subdivision Ordinance THE COUNCIL OF THE CITY OF SHADY COVE ORDAINS AS FOLLOWS Section 16 of the Subdivision Ordinance is hereby amended to add the following: Off-site Improvements All off-site improvements conditions of approval shall be based on information and formulas derived from Justifying Exaction: Recent cases and mechanisms for implementing viable conditions of approval, December , to compare the amount of exaction to the level of impact. Section 21 Improvement Procedures is hereby amended as follows (Strikethroughs show the deleted text and italics show the revised text): Improvements installed by a land divider either as a requirement of these regulations or at his own option shall conform to the design standards and improvement standards and specifications adopted by the City. 13

14 City of Shady Cove Ordinance 247 Two of Two Pages All improvement work shall be at the sole cost and expense of the developer unless otherwise specifically provided herein. All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Developers(s) shall warrant the materials and workmanship of said improvements for a period of two years from the date of completion. Such guarantee shall be secured by cash deposit in the amount of the value of the improvements as set by the city. PASSED AND APPROVED by the Common Council of the City of Shady Cove this February 18, Approved: Attest: Ron Holthusen Mayor Margaret Borgen Deputy City Recorder Council Vote: Councilor Bradburn Councilor Hayes Councilor Hughes Councilor Kyle Mayor Holthusen 14

15 CITY COUNCIL AGENDA ITEM SUMMARY City Of Shady Cove, Oregon Meeting Date: February 18, 2010 Issue/Agenda Title Works Management Floodplain Management - Contract Amendment with Public Prepared By: DS Dept Head Approval: DS City Adm. Approval: Dale Shaddox Issue Before the Council: THE ISSUE FOR THE CITY COUNCIL IS WHETHER TO APPROVE AN AMENDMENT TO THE EXISTING AGREEMENT WITH PUBLIC WORKS MANAGEMENT FOR FLOODPLAIN MANAGEMENT SERVICES. Staff Recommendation: STAFF RECOMMENDS THAT THE CITY COUNCIL APPROVE THE AMENDMENT AS ATTACHED TO THIS AGENDA REPORT. THE TERM OF THE AMENDMENT WILL RUN THROUGH JUNE 30, 2011, DURING WHICH TIME THERE WILL BE SUFFICIENT RECORD OF PERFORMANCE AND PROGRESS TO DETERMINE WHETHER TO EXTEND THE TERM OF THE CONTRACT ANOTHER YEAR. IN THE MEANTIME, THERE IS AN OPTION IN THE AGREEMENT ALLOWING THE CITY TO TERMINATE THE CONTRACT WITHOUT CAUSE UPON 60 DAYS NOTICE TO THE CONTRACTOR. Proposed Motion: If the Council desires to approve the amendment, then a proposed motion is: I move to approve the attached City of Shady Cove, Oregon, Engineering and Floodplain Management Services Contract Amendment, February 1, 2010 Key Facts and Information Summary: 15

16 The text of the proposed amendment contains a good explanation of the context, history and scope of required actions to maintain compliance in good standing with FEMA. Other Alternatives Considered: Staff s advice is to proceed with the proposed agreement with a term of the next 17 months. There is every indication that the activities to be undertaken by the contractor and the City will have positive results within the funding available to such a small city government, and also maintain the inertia coming out of completing the initial phases of the program. In the event that it is determined that a full review of alternatives, if any, is warranted due to concerns about progress, activity and available funding, the 17 month initial term of the amended contract will allow for a full identification and evaluation of alternatives between now and June, City Council Goals: This is consistent with the Council goal to continue with floodplain management. The notion to bring the program in-house is largely accomplished by calling for a more coordinated approach between city staff and the contractor, with the City Administrator supervising the program through the staff and contractor on behalf of the City Council. Attachment List: City of Shady Cove, Oregon, Engineering and Floodplain Management Services Contract Amendment, February 1, 2010 Fiscal Notes: The fiscal impact is clearly stated in the proposed amendment as to basic monthly retainer and hourly charge-out rates of the Contractor. The total annual expenses are limited to that which is budget by the City for the floodplain management program, or amended by formal action of the City Council. As discussed in study sessions with the City Council there should be serious consideration to establishing a fee schedule to cover a portion of the city s considerable costs in conducting this program. 16

17 CITY OF SHADY COVE, OREGON ENGINEERING AND FLOODPLAIN MANAGEMENT SERVICES CONTRACT AMENDMENT FEBRUARY 1, 2010 Introduction In 2007, the City hired Public Works Management, Inc. (PWM) to assist in the development and implementation of a plan to remove Shady Cove from probationary status with the National Flood Insurance Program (NFIP). The Compliance Action Plan was developed to correct severe program deficiencies and remedy violations of the 17 remaining properties that were identified in a 2001 Community Assistance Visit. The first (enforcement) phase is still in process as the City works with a handful of owners who have been unwilling or unable to comply with Shady Cove Ordinance 118. FEMA is pleased with the progress and accepts the current status with respect to the remaining violations, as it is evident that the City is utilizing all possible options for enforcement action. The second phase, developed to correct the program deficiencies and implement sustainable floodplain management procedures, has been completed through adoption of the IGA with Jackson County, enhanced documentation and permitting procedures, public education and outreach, voluntary compliance inspections, the Certificate of Compliance ( Golden Ticket ) program, and enforcement action when new violations are discovered. PWM also continues to provide as-needed services to review development applications, answer questions from developers, contractors, and homeowners, communicate the City s progress to DLCD and FEMA Region X and serve as the main point of contact for all issues related to floodplain management. FEMA restored the City s NFIP status to good standing in November of 2008, in recognition of all that has been done to improve the City s Floodplain Management Program, but with the understanding and expectation that significant progress must continue. Though FEMA is generally pleased with the progress made on Phases One and Two, it is time for Phase Three work to begin in order to satisfy the requirements of the probationary status being removed. Specifically, FEMA requires the City to report on the compliance status of all tax lots inside the Special Flood Hazard Area (SFHA) within Shady Cove city limits, and if violations are identified, the City must take action to correct them. Failure to do so would indicate the City is no longer maintaining its floodplain management program. In this case, FEMA would reinstate probationary status for the entire city and the City may face suspension from the NFIP. This contract amendment was prepared at the request of City Staff and Council to detail procedures and services associated with the next phase of Shady Cove s NFIP Compliance Action Plan. Overview Phase Three of the Compliance Plan will involve continued progress in each of the same five areas as before in order to effectively and efficiently meet the objectives and requirements of the NFIP: documentation; identification of violations; enforcement; education and outreach; and coordination with other agencies. With limited staff and financial resources, it is critical that the City proceed deliberately with clear, concise goals and thoughtful planning. The goal is to maintain an effective floodplain 17

18 management program without wasting time or money on unnecessary programs. PWM has developed this simple, yet thorough approach to maintaining the City s good standing status with FEMA and the NFIP. Documentation For the past few years, PWM has worked with City staff to develop improved file systems for collecting and retaining property information and development activity inside the SFHA. These efforts were a crucial first step to creating the new development review process and were the basis of the new floodplain management program. However, it is evident that improvements must be made to the reporting capabilities so that Council, staff, DLCD, and FEMA can be kept up to date with the status of development and enforcement activity and note deficiencies or concerns for prompt attention. PWM will implement an electronic permitting and code enforcement system that will be easy to use and yet will record all information related to floodplain property, activity, development and enforcement. Elevation Certificates, permit applications, site plans, surveys, correspondence, etc., will all be scanned and stored digitally and securely for permanent record retention, as required by law and as a condition of participation in the NFIP. This system will allow staff to instantly view open and closed permits, enforcement cases, case history, and correspondence, and generate reports for the council or the public to get an up-to-the-minute snapshot of all floodplain activity. These reports could be provided to staff for publication on the City s website. PWM will implement and maintain the electronic permitting/code enforcement system for the City as part of its contract with the City of Shady Cove, and include the costs associated with this service in a monthly retainer. If requested, PWM will train staff on the use of the permitting system at an hourly rate. Services associated with publishing or maintaining information on the City s website are outside the scope of this contract. It is PWM s recommendation that certain information related to floodplain properties (details about violations, remedies, fines, or personally identifying information, etc.) not be disclosed to the general public as it may be protected by the Privacy Act of 1974, and both FEMA and the city attorney have cautioned the City against a general release of this type of information. PWM will provide all reports to the City Administrator. The City, not PWM, may decide what information is released to the public. Identification of Violations As a condition of being removed from probationary status in 2008, the City is required to report to FEMA the status of the remaining 270+ tax lots inside the SFHA. Over the past two years, there have been several properties for which the City has obtained updated status and/or have been brought into compliance, but there are at least 200 properties remaining with unknown status with respect to floodplain compliance. PWM will begin inspecting five properties per month (selected randomly, by complaint, random discovery of a violation, or another standardized method as prescribed by the City) in addition to those who come to the City for voluntary inspections or through a permit application. At that rate, the City should have inspected/updated all floodplain properties within approximately three to four years. If violations are discovered, PWM will document the violation using the enhanced electronic system and work with staff to begin the enforcement process in order to correct all violations in a timely manner. This schedule meets FEMA s requirement for sustained progress toward full compliance. 18

19 Enforcement In the event that a property is found to be in violation of the City s Floodplain Ordinance (No. 118), PWM will create a detailed letter describing the violations and the required remedies, and possibly the need for further documentation (survey or engineering) or inspection. The prepared letter will be sent to the City Administrator for review and signature. The letter will give the property owner two weeks to respond with intent for full compliance and 60 days to complete the work. If circumstances prohibit the work from being done within 60 days (weather, financial considerations, structural conditions, etc.) the owner may submit a written explanation and request an extension for consideration by the City Council. This will ensure fair and consistent enforcement in a timely manner and keep the Council informed on all enforcement cases. Throughout the enforcement process, PWM will work with homeowners through correspondence, meetings, and site visits to ensure that the corrective action taken by the homeowner will bring the structure into compliance. PWM will track the owners progress and submit monthly or quarterly reports (as requested) to staff, Council, DLCD and FEMA Region X in order ensure complete transparency. Those unwilling to correct the identified violations or who fail to respond to the notice shall be assessed fines up to $500 per day the violation exists (as provided in Ordinance 118), and may be referred to the City Attorney for filing in District Court. If all the above measures are not successful in bringing the property into compliance, PWM will assist the City in submitting a request to FEMA for Section 1316 action, which provides for the denial of flood insurance coverage under the NFIP. It does not exempt the property from compliance, but is an additional penalty that may compel an otherwise unwilling homeowner to work with the City to correct the violation. Services related to enforcement or inspections will be billed to the City at the hourly rates outlined in this contract amendment. Education and Outreach A key component to the implementation of Phase Three, to ensure its success, is the City s responsibility to notify the public of the upcoming efforts. PWM will create a detailed guide to floodplain compliance and an explanation of the floodplain management/enforcement program. It will include a guide to self-assessment so that property owners can evaluate their property and note any potential violations before the random inspections. It will also include an invitation to have a voluntary inspection as has been offered for the past two years. PWM will work to raise awareness among floodplain property owners of the importance of compliance. PWM will create and distribute educational materials related to the new DFIRMs and notify owners that are impacted by the new maps. Grandfathering will be explained along with the potential insurance requirement once a structure is mapped in the SFHA for the first time. Services related to outreach and education may be included in the monthly retainer for floodplain management services. Special projects at the request of staff or Council will be billed at the hourly rate. Coordination with Other Agencies Shady Cove has been working effectively with Jackson County through the Intergovernmental Agreement (IGA) to ensure new development complies with local, state, and federal building regulations. PWM worked with Jackson County to flag all 19

20 floodplain property to ensure that no development permits are issued in the floodplain without a floodplain development permit from the City. This cross-check has prevented and corrected several potential violations before the final certificate of occupancy was issued. In Phase Three, PWM will work will staff, DLCD and FEMA to revise and update Shady Cove s floodplain ordinance with necessary changes to definitions and building standards to comply with current FEMA regulations and best practices, include technical bulletins and guidance in the ordinance, and adopt the new Flood Insurance Rate Maps. The preliminary DFIRMs that were introduced in July of 2009, are at least 6-12 months away from receiving final status from FEMA, and therefore the City may not be required to adopt until It is PWM s recommendation that Shady Cove adopt the preliminary maps now, per the provision of FEMA Floodplain Management Bulletin 1-98 which encourages early adoption of maps with greater accuracy. In Shady Cove s case, the floodplain and floodway boundaries, and the digitization of floodplain data make the preliminary maps a beneficial tool for effective floodplain management. Residents, surveyors, contractors, and staff will save time and money using the digital maps over the old paper maps, which are over 30 years old and have many mapping errors. These errors complicate the process of making floodplain boundary determinations and regulating development, which costs the City and its residents unnecessary time and expense to reconcile errors and discrepancies. The adoption process and ordinance update will take approximately 4-6 months. PWM will bill for its services related to research, review, implementation and coordination with DLCD at the hourly rate outlined in this contract amendment. Reporting PWM will prepare quarterly reports to FEMA on the status of the City s Compliance Action Plan, as required by Region X as part of the probationary status being removed. Reports will be presented to staff for council review seven days prior to presentation to FEMA. Preparation of the quarterly report will be included in the monthly retainer. PWM will not charge for travel time to Bothell, Washington, but will charge approximately one day at the hourly rate for the meetings and presentation to FEMA staff. All travel costs will be billed at actual cost, without markup. Office Hours If requested by the City, PWM will provide a Certified Floodplain Manager up to one day per week at City Hall to answer questions of staff and the public. It is recommended that these office hours be scheduled on the same day as public meetings or other inspections in order to reduce travel costs. Time spent on site at City Hall or on private property for inspections, courtesy visits, etc., will be billed at the hourly rate. Cost Recovery Throughout the first two phases, PWM has developed and implemented cost recovery procedures for the City. Due to the nature and history of the violations and the severe program deficiencies that existed at the start of this program, total cost recovery may be unrealistic. However, there are strategies which may be implemented to place most of the costs associated with floodplain management program on the properties in the floodplain instead of on all citizens. PWM will continue to work with the City to develop and implement cost recovery measures as requested by the City. Services associated with this work will be billed at the hourly rates as detailed below. 20

21 Fees Previously, the City has retained PWM for floodplain management services at an hourly rate for all work. At the direction of staff, PWM will modify this arrangement to include a monthly retainer for routine floodplain management services and consulting, with additional services billed at an hourly rate. The intent of this change is to help the Council better predict and control costs of floodplain management services provided by PWM. PWM will provide via a Certified Floodplain Manager (CFM ) the following routine floodplain management services for a monthly retainer of $3000: Record retention and maintenance of the electronic permitting/code enforcement database Development permit application review approval or denial with documentation Coordination with Jackson County to ensure all permits issued have floodplain development approval Research and respond to questions from developers, surveyors, property owners and staff related to general floodplain or policy issues (does not include questions related to specific enforcement cases) Attend one public meeting per month at the City s request for council updates (additional meetings billed at the hourly rate) Create and submit monthly reports as requested for staff and council updates on program status Prepare quarterly progress reports to FEMA on the Compliance Action Plan All other work, including site inspections, enforcement-related correspondence or activity, on-site meetings with property owners or contractors, presentation of quarterly reports to council and FEMA, ordinance updates, map adoption, training of staff or volunteers, or anything not specifically identified in the services provided under the monthly retainer will be billed at the hourly rates listed below: HOURLY RATES Joe Strahl; PE, CWRE Principal, engineering and consulting $115 Becca Croft, CFM Floodplain management services, consulting, inspections $75 Summary The purpose of this contract amendment is to help Shady Cove meet FEMA s requirements for good standing status with the NFIP and address certain internal deficiencies that have been realized through the first two phases of the Compliance Action Plan. Improved communication, documentation, and reporting are sure to provide staff, Council, and the public with more up-to-date information while maintaining focus on the important and complicated task of meeting the City s obligations. Floodplain management, by its nature, involves the difficult task of enforcing strict regulations aimed at preventing loss of life and property in a flood event. Public Works Management is happy to partner with the City of Shady Cove to meet its goals of compliance, fairness, and safety. Through this partnership, PWM will strive to concentrate on communication, coordination, education and outreach, while at the same time providing the expertise 21

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32 CITY COUNCIL AGENDA ITEM SUMMARY City Of Shady Cove, Oregon Meeting Date: February 18, 2010 Issue/Agenda Title Prepared By: DS Upper Rogue Community Center Request for Waiver of Fees Dept Head Approval: DS City Adm. Approval: Dale Shaddox, City Administrator Issue Before the Council: THE ISSUE BEFORE THE CITY COUNCIL IS TO RESPOND TO A REQUEST TO WAIVE PLANNING FEES AND SYSTEM DEVELOPMENT CHARGES (SDC S) IN CONNECTION WITH A SITE PLAN APPLICATION FOR EXPANSION OF THE UPPER ROGUE COMMUNITY CENTER. Staff Recommendation: IT IS RECOMMENDEED THAT THE CITY COUNCIL NOT APPROVE THE REQUEST FOR FEE WAIVERS. THERE IS NO ACTION REQUIRED BY THE CITY COUNCIL IN THE EVENT THIS STAFF RECOMMENDATION IS ACCEPTED. NO MOTIONS WOULD BE IN ORDER, UNLESS THE CITY COUNCIL WISHES TO DENY THE REQUEST BY MOTION AS SUGGESTED BELOW. THE MAYOR WOULD SIMPLY ASK IF ANY MEMBER OF THE CITY COUNCIL WISHES TO INTRODUCE A MOTION TO DENY OR APPROVE THE REQUEST, AND UPON HEARING NONE WOULD DECLARE THE REQUEST DENIED FOR LACK OF A MOTION. Proposed Motion: The City Council is not required to adopt a motion to deny the request if there is no desire to do so. However, should the City Council desire to adopt a motion, then: I move to deny the request by the Upper Rogue Community Center for a waiver of planning application fees and System Development Charges in connection with its proposed expansion project. 32

33 If the City Council wishes to approve a payment plan for SDC s, as described below, then: I move to deny the request by the Upper Rogue Community Center for a waiver of planning application fees and Systems Development Charges, but allow them to pay the System Development Charges over a period of ten years, subject to the requirements of the City s Administrative Procedure for same. Key Facts and Information Summary: Staff has reviewed the City s ordinances, resolutions and Administrative Procedures and finds that there is no authority for the waiver of planning or SDC fees. There is, however, a process for the reduction of SDC fees in the event that a condition of approval of a project requires the actual construction (or partial construction) of a public improvement listed as a project in the required SDC report used to calculate the current SDC fees. That will not be the case with this application. The City does have an old Administrative Procedure to allow the payment of SDC s over a ten year period with interest and recording the outstanding debt as a lien on the property, to be removed once the entirety of the SDC fees have been paid. While this old procedure has not been brought up to date to refer to the most current SDC Ordinance it would be appropriate for the City Council to offer this as partial relief to pay over time. There is no established procedure in Shady Cove for waiving the Planning Fee. In order to waive a Planning Fee the City Council would need to have a policy and criteria in place which would be available to all other applicants in the same category as defined in such policy. No such policy exists. The fees under discussion for this project are: Planning Fee: $400 (already paid; they are requesting reimbursement) Storm Drain SDC: $7, Transportation SDC: $6, Wastewater SDC: $2, In addition to the above noted fees payable to the City, applicants must apply (and pay) for any other required permits, including building/plumbing/electrical/mechanical permits from the County. Other Alternatives Considered: Both a SDC fee waiver and payment plan have been considered and discussed in this agenda report. 33

34 City Council Goals: Not specifically related to a current Council Goal. Attachment List: Letter request from URCC with attachment. Fiscal Notes: As noted above. 34

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38 CITY COUNCIL AGENDA ITEM SUMMARY City Of Shady Cove, Oregon Meeting Date: February 18, 2010 Issue/Agenda Title Request for Special Funding Booster Club Flag Program Prepared By: Dale Shaddox Dept Head Approval: DS City Adm. Approval: DS Issue Before the Council: THE ISSUE BEFORE THE COUNCIL IS WHETHER TO GRANT FUNDS IN THE AMOUNT OF $800 IN SUPPORT OF THE BOOSTER CLUB FLAG PROGRAM. Staff Recommendation: THE DECISION WHETHER TO GRANT THE FUNDS REQUESTED IS A POLICY DECISION OF THE CITY COUNCIL. THERE IS A LINE ITEM ON PAGE 2 OF THE CITY BUDGET (ADMINISTRATION, GENERAL FUND) ENTITLED PROMOTION/TOURISM/BEAUTIFICATION THAT MAY BE CONSIDERED ELIGIBLE FOR SUCH PURPOSE. Proposed Motion: If the City Council wishes to approve the grant request, then the proposed motion is: I MOVE TO APPROVE THE GRANT REQUEST FROM THE SHADY COVE BOOSTERS FOR FUNDING IN THE AMOUNT OF $800 FOR ITS FLAG PROGRAM Key Facts and Information Summary: The annual City budget includes funding in the amount of $15,000 on a line item entitled Promotion/Tourism/Beautification. There are numerous charges to this account during the year for these purposes, but there are no earmarks for specific expenditures or grants. The current balance of this line item is $4,025 (as of 2/11). Other Alternatives Considered: N/A 38

39 City Council Goals: Not specifically related to a Council Goal. Attachment List: Letter request dated December 2, Fiscal Notes: This line item in the budget is not defined well. The expenditures are on a first-come-first-served basis for those requesting funding. This line item also is used to pay for the city radio expenses, brochures, ads in publications, etc. The budget structure for next year should have more detail. 39

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42 CITY COUNCIL AGENDA ITEM SUMMARY City Of Shady Cove, Oregon Meeting Date: February 18, 2010 Issue/Agenda Title Request for Special Event Funding Spam Festival (July, 2010) Prepared By: Dale Shaddox Dept Head Approval: DS City Adm. Approval: DS Issue Before the Council: THE ISSUE BEFORE THE COUNCIL IS WHETHER TO GRANT FUNDS IN THE AMOUNT OF $1,500 IN SUPPORT OF MARKETING THE JULY, 2010 SPAM FESTIVAL. Staff Recommendation: THE DECISION WHETHER TO GRANT THE FUNDS REQUESTED IS A POLICY DECISION OF THE CITY COUNCIL. THERE IS A LINE ITEM ON PAGE 2 OF THE CITY BUDGET (ADMINISTRATION, GENERAL FUND) ENTITLED PROMOTION/TOURISM/BEAUTIFICATION THAT MAY BE CONSIDERED ELIGIBLE FOR SUCH PURPOSE. Proposed Motion: If the City Council wishes to approve the grant request, then the proposed motion is: I MOVE TO APPROVE THE GRANT REQUEST FROM THE SHADY COVE BUSINESS ASSOCIATION FOR FUNDING IN THE AMOUNT OF $1,500 FOR THE JULY, 2010 SPAM FESTIVAL Key Facts and Information Summary: The annual City budget includes funding in the amount of $15,000 on a line item entitled Promotion/Tourism/Beautification. There are numerous charges to this account during the year for these purposes, but there are no earmarks for specific expenditures or grants. The current balance of this line item is $4,025 (as of 2/11). Other Alternatives Considered: N/A 42

43 City Council Goals: Not specifically related to a Council Goal. Attachment List: Letter request dated February 8, 2010 SPAM Festival Budget Summary Fiscal Notes: This line item in the budget is not defined well. The expenditures are on a first-come-first-served basis for those requesting funding. This line item also is used to pay for the city radio expenses, brochures, ads in publications, etc. The budget structure for next year should have more detail. 43

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