city of bandon...bandon's tot had been established long before the state law requiring the...

City of Bandon

CITY COUNCIL AGENDA DOCUMENTATION

SUBJECT: City Council Meeting Minutes

BACKGROUND:

Meeting Minutes of the City Council Goal Setting Work Session-April 13, 2015 Regular Meeting - April 13, 2015

As submitted by Blythe Tiffany, Minutes Clerk

FISCAL IMP ACT:

None

RECOMMENDATION:

Motion to approve as part of the Consent Agenda.

SUBMITTED BY:

Shannon ~il1hafdt, Administrative Assistant

THRU~~/'• ;:/J'_ /; ?"~---v ---r-rc9 U

---Christopher Good, City Manager

DATE: May 4, 2015

ITEM NO: 6.1. l

CITY COUNCIL WORK SESSION BANDON CITY HALL

April 13, 2015

Present: Mayor Mary Schamehorn, Council President Claudine Hundhausen, Councilors Peter Braun, Chris Powell, Geri Procetto, Madeline Seymour, Brian Vick

Staff:

Absent:

City Manager Chris Good, Administrative Assistant Shannon Reinhardt

City Attorney Fred Carleton

1. Call to Order Schamehorn called the work session to order at 6:00 p.m. Roll Call was taken as indicated above.

2. Discussion 2.1 Discussion and direction to Staff Regarding Setting Council Goals

The Council had been provided with copies of staff report from Good, which stated:

BACKGROUND The City Council set a series of eight goals for the two-year period beginning with Fiscal Year 2013-14. Since the Council no includes new members, it is advisable now to review them and make any desired changes, additions, or subtractions as we prepare for Fiscal year 2015-2016. Council has traditionally set goals for a two-year period.

The existing goals are:

1. Pursue development of a pedestrian/bike trail, with special emphasis on development of the Ocean Bluff Trail (Madison Avenue to Beach Loop).

The City's contract engineering firm has computed cost estimates for this project. At the beginning of fiscal Year 2014-2015 the City applied for a grant from the Oregon parks and Recreation Department (OPRD), but did not receive funding. In 2015-2016 the City plans to apply again to OPRD, but also to the Oregon Department of Transportation.

This goal does have its challenges. There are complications involving private property, and the Council may want to reconsider the advisability of building a walkway on the edge of the bluff, which is subject to soughing.

2. Continue to monitor the emergency Plan and Warning System and include community education and neighborhood meetings.

The Warning System continues to be tested on the first Wednesday of each month. The City continues to work closely with BandonPrepares, and is now readying for the Preparedness Fair, to be held in the Barn on Saturday, April 18, from noon to 4:00 pm.

3. Establish a community-wide fixed-route bus service. Coos County Area Transit remains very interested in this project, but no funding has been available to establish the new route.

4. Address and resolve problems with restrained dogs, feral cats and other nuisance animals.

The Bandon Police Department works closely with Coos County Animal Control, and has established a practice to hold dogs on site when necessary, for animal

City Council Work Session 04/13/2015 Page 1

control to pick them up to take them to the pound. We also enjoy the services of a volunteer Animal Control Officer, who can respond to immediate problems until Animal Control can get to Bandon.

5. Encourage the flow of traffic between Face Rock Creamery cheese factory and Old Town.

The proposed 2015116 budget includes funding to continue moving the City Shop and equipment from land adjacent to the Face Rock Creamery. This will move the shop from the flood plain, and it will also open that area up for further development. Additional projects in that area will strengthen the flow between there and Old Town.

6. Promote "Community Appeal" through the support of beautification and quality of life issues, including emphasis on reducing litter through education, enforcement and cleanup days. This goal is ongoing, with continual upkeep and beautification of our parks and sidewalks. The Parks and Recreation Commission recently granted $689 for the Community Garden for improvements there. The Next Bandon Disposal Brush and Yard Debris Pickup will be Monday, June 8, 2015, and on Arbor Day, April 25, there will be the annual brush clean up on the hill behind the Face Rock Creamery.

Procetto began the discussion by stating that she would like to remove the current #3. There were general indications of agreement with this.

Braun stated that he would like to see the current goal #1 continue on the list, but that it be amended to include the area from Riverside Drive to the Jetty.

Schamehorn stated that getting back the rate-setting authority should be #1, with the rest of the Council agreeing. Braun suggested wording: "Engage the public, encouraging trust and confidence in the City to regain rate-setting authority." Agreement was expressed with that wording, with Seymour noting that the rate-setting authority issue and the issue of communication with the public should be dealt with together.

Hundhausen suggested that the goals should include a short phrase on how the City intends to address them. Braun agreed, stating that he had discussed the idea of a task force with the Mayor. Schamehorn noted that the Council sets the goals, but it also includes the Parks and Recreation Commission and the Planning Commission in carrying them out.

In speaking of ballot measures, Braun suggested the possibility of a tax on recreational marijuana, and it was explained that the City had missed its opportunity for that, as the wording of the bill making it legal specifically precludes it.

In discussing other revenue sources, Schamehorn noted that the Transient Occupancy Tax (TOT) could be increased, though the City would only see 30% of any increase, as State law now mandates that 70% go to tourism promotion. She explained that Bandon's TOT had been established long before the State law requiring the 70-30 split, so that Bandon currently gives approximately 20% of its TOT income to tourism promotion. Any increase in the rate currently charged (6%) would be subject to the 70-


30 split. Also, there is always opposition from the hospitality industry to any TOT increase. There was some discussion of the recent dialogue at the County level of instituting a County-wide Transient Occupancy Tax, which would affect Bandon Dunes golf Resort, and other unincorporated areas of the County.

A question was raised as to the required length of the emergency warning system test, (current goal #2) as it was felt that it is somewhat lengthy. Good stated that he would look into the matter to determine a recommended length.

In discussing current goal #4, it was noted that, though the City does have an animal control ordinance, it is not as clear as it could be; It was also noted that, as a result of Hundhausen's work with a special committee, several improvements have occurred, including signage advising people of leash requirements and feces disposal requirements, a bigger dog park, a volunteer local animal control officer, and the acquisition of a create to hold a problem animal for the County animal control officer. It was noted that the Police Chief works closely with the County animal control. It was agreed to remove the word "resolve" and to move this item to the bottom of the goals list.

With regard to current goal #5, Schamehorn recalled that walking maps were supposed to be placed at the Face Rock Creamery, and wondered if that had been done. Braun replied that the maps had just been reprinted, and he was uncertain as to whether any had been provided to the Creamery. He also suggested a change in the wording to include not just the Face Rock Creamery, but the Woolen Mill area, as well, to allow for expansion. It was also suggested that perhaps a blow-up of the walking map could be located at a special kiosk or at the Creamery.

It was felt that it would be appropriate to add the concept of supporting public art to current goal #6. This led to a lengthy discussion of what constitutes "public art," and there were references to "Washed Ashore's" sculptures, as well as the bicycle sculptures, totem poles and carvings on Port property, and the murals on various City buildings. It was agreed that the wording should be more along the lines of seeking opportunities to look for public art for potential approval by the Council.

Included in current #6 is the issue of reducing litter and trash, and there was discussion of cigarette butts in the street gutters, and what an individual merchant's responsibility should be. Schamehorn added that she would like to see an established place where City employees would be allowed to smoke, instead of just out on the sidewalk.

With regard to current goal #7, dealing with infrastructure, Hundhausen felt that the City's water storage issue should be there. There was agreement with this, and it was agreed that this goal should be #2. Braun suggested possibly adding potential investment in renewable infrastructure.


With regard to current goal #8, several Councilors wondered why it needed to be a goal, since this is part of what a city does. Schamehorn noted that the City is fortunate to have the deal that it does with the Fire District, as maintaining its own department would be extremely expensive, by comparison.

Hudhausen brought up the issue of the library doors needing to be replaced, stating that she feels that the City ought to agree to support the effort to replace them. Good stated that the solution would be sliding doors, rather than doors that swing; however, funding is the issue. It was agreed that there should be a broader definition, such as, maintaining City buildings, rather than something so specific.

Braun referenced the suggested item regarding the seismic stability of City facilities, and wondered if, for example, in moving the City shops, it might be possible to make those facilities "energy self-sufficient," so that it could be an "energy-independent facility." He also wondered whether the Barn or Library could be retro-fit to be energyindependent. He stated that he would like to see some renewable infrastructure, wind and solar.

There was some discussion of the cost involved, and the intermittent nature of the current technology. Braun referenced a company called Solar City, which has a large project in Sacramento. There was also discussion of the fact that one of the City's main sources of income is its electrical utility. It was generally agreed that if such retro-fitting could be done on city facilities, in such a way that it would pay for itself, it would be a good thing.

Braun referred to the car-charging station in front of City Hall, noting, "Something wasn't done right there," as it is still being subsidized. He added that the City needs to start thinking about this now, in order to come out ahead in the years ahead.

There was further general discussion of renewable resources, and solar companies.

There was some discussion of the suggested item of encouraging diversity in housing development, with the consensus being that there had been failed attempts in this direction in the past, and there was no need to pursue it further.

In further discussion, it was agreed that, for the new goals, #1 should be the communication/rate-setting authority issue, and #2 should be the infrastructure/water storage issue.

It was agreed to amend the pedestrian/bike trail item by having the Parks and Recreation Commission look into funding sources and to work with Planning on right-ofway issues. It was also agreed to add investigation of renewable energy to the infrastructure item.

There was some discussion of having regular work sessions throughout the year to revisit the goals, and it was eventually agreed to simply add an item to the Regular Meeting agenda every four months to review goals.


3. Adjournment The Work Session was adjourned at 6:52 p.m.

Blythe Tiffany Minutes Clerk


REGULAR CITY COUNCIL MEETING BANDON CITY HALL

April 13, 2015

Present: Mayor Mary Schamehorn, Council President Claudine Hundhausen, Councilors Peter Braun, Chris Powell, Geri Procetto, Madeline Seymour, Brian Vick

Staff: City Manager Chris Good, City Attorney Fred Carleton, Administrative Assistant, Shannon Reinhardt

1. Call to Order/Invocation/Pledge of Allegiance Schamehorn called the meeting to order at 7:00 p.m. Roll Call was taken as indicated above. Rev. Bobbi Neason, First Presbyterian Church, offered the Invocation. The Pledge of Allegiance was led by Hundhausen.

1.1 Proclamations 1.1.1 Child Abuse Prevention and Awareness Month 1.1.2 Arbor Day

Copies of two Proclamations had been provided, one proclaiming April to be Child abuse Prevention and Awareness Month, and the other proclaiming April 25 as Arbor Day in Bandon. Schamehorn noted that, as no one representing those who requested the Proclamations was present, she would not be reading them aloud, but that she would be signing them and sending them on.

2. Public Requests - None

3. Presentations - None

4. Hearings - None

5. Proceedings 5.1 Action & Discussion

5.1.1 Discussion and Direction to Staff Regarding the Committee for Citizen Involvement Holding a Town Hall Meeting

The Council had been provided with copies of a staff report from Good, stating:

BACKGROUND At their March 10, 2015 meeting, the Committee for Citizen Involvement (CCI) reviewed its responsibilities as set for in the Comprehensive Plan. Among the implementation measures listed are the two following items:

"CCI explore the feasibility of Citywide questionnaire program ... " and "City council will host annual Town Hall on selected topics of interest".

After discussion, the CCI decided to recommend to the City Council that the CCI should organize a Town Hall meeting to discuss issues of general concern to the community, particularly the finances of the City's utilities. Given the inability of the City Council to set rate structures for the City's utilities, the CCI feels it is necessary to carry on with educating the public on the unsustainability of the utilities' current financial situation.

Regular City Council Meeting 04/13/2015 Page 1

In addition to the fiscal constraints under which the City's utilities operate, the CCI would like to survey the pubic on what issues matter most today, and include those issues on the Town Hall meeting agenda. The City could include a survey in the utility bills that go out in May, and ask utility customers to complete the survey and return it with their utility bills. In addition the survey could be made available online, for residents who are not utility customers.

In addition to the utilities' financial situation, other issues to be ranked on the survey could include public safety, water supply, the condition of city streets, amenities in city parks disaster preparedness, public art, and economic development.

FISCAL IMPACT The fiscal impact to the City would be limited to staff time to organize the survey and to organize and run the town Hall meeting.

Several Councilors stated that they liked the idea of the survey; Braun noted that it goes along with the Council's recently-formulated goal of engaging/communicating with the public. It was noted that it is important to make the survey as easy as possible to access and answer.

Hundhausen moved to direct the Committee for Citizen Involvement and City staff to include a survey in next month's utility bills and online, to determine what issues matter most to our residents, and to hold a Town Hall meeting in June to address those issues. Powell seconded the motion, which was passed unanimously, 6:0.

5.1.2 McElrath Appeal Findings of Fact and Decision Copies of the proposed Findings, along with copies of a staff report from Carleton, had been provided to the Council. The Staff report stated:

The Council heard the Appeal of the McElrath Conditional Use Application decision of the Planning Commission at its March 24, 2015 special meeting. The Council then indicated it would uphold the Planning Commission's decision. The proposed Findings simply incorporate the findings of the Planning Commission with the addition of the two items that the Council recommended be part of the decision connection to the public sewer when available and a soils test before any hook up to any DEQ approved septic system.

Further, staff is recommending that the sewer connection requirement be a part of the recording of the restriction on the title along with the riprap maintenance requirements. That document will be something Applicant/owner and the city can enter into after this decision becomes final.

Seymour recused herself from discussion of this item.

Following Carleton's presentation of his staff report, and as a result of Council discussion, it was agreed that the wording in item 2 should be changed from "installation use" to "installation and/or use." It was also agreed that a licensed septic contractor be required to perform the soils test.

Powell moved to approve the Findings of Fact, with the changes discussed. Procetto seconded the motion.


Prior to the vote, Procetto stated that there had been a lot of argument about this issue. She then read the oath of office which she had taken when she was first elected to the Council, and stated, "I feel I have done my job."

Hundhausen stated that she has noticed that people often come to Bandon, and build a house, with the intent to live here, and leave two years later; another late arrival buys the house, assuming that it is safe, because the city permitted it to be built.

The vote on the motion was 4 in favor, 1 opposed (Hundhausen), 1 not voting (Seymour).

5.1.3 Jetty Sewer Boundary Issue Councilors had been provided with copies of a lengthy staff report from Carleton, along with copies of a letter from Carleton to Sam Goldstein and an exchange of emails, as referenced in the staff report. The staff report stated:

The current application for conditional Use heard by the Council on appeal from the Planning Commission brought to our attention a position by the Federal government regarding the sewer boundary line instituted in connection with the grant given the city when in 1995 sewer was brought to the jetty.

The issue of whether the grant agreements covenants promising that the City would maintain the boundary drawn at the time of the grant, which delineated the properties on the jetty that would be connected ultimately to the City sewer, and those that are outside the boundary would not be connected are still binding.

Briefly, the reason for the boundary was that at that time the Federal Government had a policy of not promoting or encouraging development in the 100 year flood plain. The jetty vacant land inside what ultimately became the boundary was deemed committed lands and allowed to connect to the sewer.

Several times after the grant was funded and the project completed, the City was asked as to its compliance with the grant condition regarding not allowing connection to the sewer by properties outside the boundary. There was even some discussion as the intent and restriction's applicability to development outside the boundary even though the properties were not connected to the sewer. The problem was cleared up and the City was not restricted from granting permits to otherwise compliant property outside the boundary as long as the properties were not connected to the sewer.

The Federal Government, through its rural development head in Oregon has made it clear that it does not view the restrictive covenants binding or apparently, even necessary. Basically, the boundary may be dispensed with, according to rural Development, if the City desires it.

Accompanying this Staff report are two emails from Mr. Goldstein, the current Oregon Director of Rural Development, explaining his position.

While I have no reason to doubt Mr. Goldstein's statement as to his agency's policies, I am still uncertain as to the proper mechanism for doing away with the restriction of the grant. Mr. Goldstein is willing to countersign or confirm the City's removal of the restriction, but does not feel that an actual formal amendment of the grant contract is necessary.


Our concern is that if the City Council wished to withdraw the present restriction, the City wants no pushback later that there has been a violation of the grant conditions.

Separate from the details of any formalization is the policy issue for the Council as to whether the boundary should be dispensed with.

As you know, the Council not only entered into the grant agreement, but confirmed the policy of the boundary line by Resolution. The Council could revoke that Resolution effectively authorizing development outside the boundary to be judged simply by the development code that presently exists with the obvious requirement that should the property be otherwise developable, sewer hookup will be mandatory.

Currently, some ties that lie outside the boundary [which] might otherwise possibly be developable cannot now receive permits because there is inadequate room for septic.

The adoption of this boundary was not a land use regulation. In my opinion, removal of the restriction would not be a land use regulation-the underlining zoning regulations in place would not be amended. Only the restriction preventing certain properties from hooking up to the sewer would be changed.

The Council may want to discuss this matter further. They may also want the Planning Commission's input.

Recommendation: Discuss whether the Council wishes to move forward to determine whether the current jetty sewer boundary agreement with the Federal Government should be changed and direct staff as to what forum the Council wants the matter reviewed or heard for public input, if any. Staff can further work with Rural Development in determining the mechanics of a formal agreement regarding the elimination of the boundary line should the Council wish to drop that regulation.

Following Carleton's review of his report's contents, Braun stated that he would like to see things handled on a case-by-case basis, as lifting the boundary altogether may not be the way to go.

Seymour asked why lots were left out to begin with, and Carleton explained that, according to the Federal Government, the area was too large, and it would not allow it. The City wanted to allow each landowner at least one developable lot. The boundary was the result of negotiation between the Federal Government and the City.

There was discussion of the lack of information on properties which may be developable and the uncertainty of the actual current intent of the Federal Government. As a result of this discussion, it was agreed that staff needs to develop more information for the Council regarding properties on the jetty which may be developable, as well as more information from Rural Development as to its current policy.

5.2 Resolutions 5.2.1 Resolution No. 15-04: Adopt City Council Goals

The Council had been provided with copies of proposed Resolution No. 15-04. It was noted that the goals adopted during the work session earlier this evening would be included as an addendum to the Resolution.


Braun moved to adopt Resolution No. 15-04. Vick seconded the motion. As the result of discussion, it was the general consensus to hold this item over to the next Regular Meeting, by which time the actual new list of goals would be available for review. The motion was therefore withdrawn, with the permission of the second.

5.2.2 Resolution No 15-05: Approving Real Estate Transaction between Face Rock Creamery, LLC and the City of Bandon

Copies of proposed Resolution No 15-05 had been provided.

Procetto moved to approve the Resolution. Hundhausen seconded the motion, and it was passed unanimously, 6:0.

Carleton stated that the Title Company was not satisfied with simply a motion approving the sale, so the Resolution is something of a housekeeping measure. He also explained that the credit union had wanted some clarification on the easement document regarding electrical, and he would be working on some language for that. He also noted that he would be writing up a sales agreement which simply states, in effect, "You give us the cash, we give you the property."

5.2.3 Resolution No 15-06: Volunteer Workers Comp The Council had been provided with copies of Resolution No 15-06, along with a staff report from Finance Director Juana Bell, which stated:

The City provides workers compensation insurance on volunteers, including police reserves, boards and commissions, library volunteers, community service workers, the park host, etc. City County Insurance Services (CIS), the city's insurance provider, requires the annual adoption of a resolution extending that coverage to volunteers.

Annual premium for providing workers compensation insurance for all City volunteers is $3100.

Bell presented her staff report, noting that this is basically a housekeeping item which is required annually.

Braun asked if there would be a fiscal impact to add Night of 10,000 Lights (Community Christmas Tree Lighting) and the Alive After Five Wine Walk, and Bell replied that there would not necessarily be an impact, but a determination would have to be made as to whether those were City events. She noted that the volunteers covered at other public events noted in the Resolution are covered as City workers: for example, traffic direction during the Cranberry Festival.

Vick moved to adopt Resolution No. 15-06. Powell seconded the motion, which was passed unanimously, 6:0.

5.3 Ordinance(s) - None

6. Consent Agenda The Council considered the following items on the Consent agenda:


6.1 Approval of Council Minutes 6.1.1 City Council Regular Meeting - March 2, 2015

City Council Special Meeting - March 24, 2015 (None) City Council Special Meeting - March 30, 2015

6.2 Review of Commission & Committee Minutes 6.2.1 Planning Commission Regular Meeting- February 26, 2015

Planning Commission Regular Meeting - March 26, 2015 (None)

6.2.2 Parks & Recreation Regular Meeting - March 12, 2015 6.2.3 Committee for Citizen Involvement- March 10, 2015 (None) 6.2.4 Community Center Advisory Committee - None 6.2.5 Water Resource Committee - None

6.3 Department Reports 6.3.1 Police - February, 2015 6.3.2 AIP - February, 2015 6.3.3 Library - February, 2015 6.3.4 Wastewater Plant - February, 2015 6.3.5 Public Works - March, 2015 6.3.6 Water Treatment Plant- February, 2015 6.3.7 Finance - February, 2015 6.3.8 The Barn - February, 2015

6.4 Other Items 6.4.1 Utility Write-offs 6.4.2 Liquor License Approval

Procetto moved for approval of the Consent Agenda. Powell seconded the motion, and it was passed unanimously, 6:0.

7. Information Only 7.1 City Manager Report

Good reported on three items: 1. He recently attended the second of three Countywide meetings on our Natural

Hazards Mitigation Plan. He noted that it was being updated from five years ago, when the focus was on floods and wildfires, while the focus now is on earthquakes and tsunamis.

2. There will be a ribbon cutting and Preparedness Fair at the City Park this Saturday (April 18); the ribbon cutting at 12:30, at the two shipping containers which will eventually hold emergency response supplies; the Preparedness Fair will be from 1 to 4 pm.

3. Saturday, April 25, the City will sponsor an Arbor Day event: Clearing up ivy in the Woolen Mill area from 10 am to 2 pm.

8. Public Comment (None)

9. Council/Mayor/Staff Remarks


Vick stated that he would like an update from staff at the next Regular Meeting on the status of the City Shops and the water reservoir. He also stated that he realizes that the police are doing what they can, but there is still a problem with people speeding through town, especially in the school zone.

Procetto stated that there is a new business in town, at 980 Oregon Avenue, called Pastries and Pizza; she liked the people and the pizza.

Powell stated that there had recently been an incident at his business to which the police had responded, and that they are doing a good job.

Schamehorn noted that there have been several incidents in town lately, with people with apparent mental issues causing problems.

Police Sergeant Larry Lynch stated that most of those people have some kind of mental illness and are not taking advantage of the services which are available. Most of these people are also transients, and there has been a lot of police contact with them. He pointed out that, if they do not want help, they cannot be helped. The closest shelter is in Coos Bay. Unless they cause some kind of problem, they cannot be held in jail. There was some further discussion along this line.

Hundhausen stated that she had noticed in the Police Report that tickets had gone up substantially, and Lynch stated that the police are writing a lot of speed and cell phone citations. He added that, since ODOT shortened the school zone some years ago, it can be difficult for people not familiar with the area to see in time to slow down. He would like to see more signage leading up to the school zone.

Hundhausen stated that "we need to recognize the unique conditions" of the jetty area, with the river and the ocean. She stated that the City had agreed to limit development on the jetty, and she thinks that is a good idea.

Seymour thanked the police for their presence on Riverside Drive.

Braun noted that the Council had had a work session earlier in the evening, which he had appreciated, and stated that he was advocating for regular work sessions. He also noted that Bandon Cares would be having a program on Thursday (April 16) from 5-8 pm at the community center; it will be a great networking opportunity for Bandon's compassionate community.

10. Adjournment Schamehorn adjourned the meeting at 8:06 p.m.

Blythe Tiffany Minutes Clerk


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