DRAIN CITY COUNCL MEETING AGENDA



MINUTES

DRAIN CITY COUNCIL MEETING

REGULAR MEETING

MONDAY, JANUARY 13, 2020

I. OPENING OF COUNCIL MEETING

Call to Order – Pledge of Allegiance

A. Call to Order-Pledge of Allegiance

The meeting was called to order at 7:00 p.m., by Mayor Cobb. Everyone rose and said the Pledge of Allegiance to the flag led by Mayor Cobb.

Present:

Justin Cobb, Mayor

Marilyn Jones, Councilor

Jo Barker, Councilor

Michael Hogsett, Councilor

Steve Dahl, City Administrator

Absent:

Tim Addison, Council President

B. Welcome and Opening Remarks

C. Recognition of Visitors/Requests

Visitors: Dana Benner, Anne Campbell, Harold Burris, Tedd Simon, Joelle Atkisson, Pierre Robert (LGPI)

Sgt. Hansen w/Douglas County Sheriff’s Dept.-unable to attend.

Anne Campbell presented the library statistics. The library was open 96 hours, 16 days, 759 visitors, 244 public computer accesses, 391 Wi-Fi accesses, total of 635 & 57 overdrive checkouts, 882 library checkouts over $7,000.00 saved for the month by patrons. Throughout the year the estimate of what patrons saved is $72,000.00.

Councilor Barker commented that attendance has increased.

Mayor Cobb requested Anne to have statistics sent prior to the council meetings for council to go through.

In December there were 7 programs for adults, young adults & juvenile for a total of 21 programs. Adult programs 57 attendees, average of 8, 74 attendees for young adult with average of 11, juvenile 222 attendees with an average of 32 per event.

Upcoming events: adult computer class Jan 15, 22, 29 5:00-5:45 p.m., there are still a couple openings. Friday morning yoga at 9:00 a.m. The knitting group meets on Tuesdays and are starting a new one year project with a traveling afghans collaborative group of 49 knit ware bloggers from 7 different countries will teach how to knit/crochet

a new square every two weeks & publish the information online. Teen advisory board

was started, with 12 at the first meeting. The involved teens are helping with some decisions giving some input. The teens earn extra checkout privileges, learning how to shelve books and they get to vote on a new book that will be ordered for the young adult group. The library is excited to gets teens involved. The library is supporting the month long celebration of literacy with Douglas County and each library is focusing on a country since it’s a national celebration and India is the country we are focusing on and there will be an India themed party on February 8th & each child in attendance will receive a free book.

Councilor Jones recommended a book for young adults for the India theme, The Red Bird.

Anne Campbell expressed the library’s appreciation for the continued support from The City of Drain.

II. COMMUNICATIONS AND COMMENDATIONS

A. PLANNING COMMISSION

No meeting in December. The minutes from October 7, 2019 pending approval.

The next meeting of the Drain Planning Commission is scheduled for Monday, January 6, 2020 at 7:00 p.m. It will be held in the Meeting room of the Drain Civic Center, 205 West A Avenue.

B. CEMETERY COMMITTEE

MINUTES

Shirley Jackson moved to approve the minutes for the regular meeting on October 22, 2019. Judy Levins seconded. The minutes were approved unanimously.

BUSINESS

The committee express happiness with the way the cemeteries were looking.

Steve stated that the Oregon Park Department has a grant available for developing a veteran’s memorial or repairing a veteran’s memorial and asked if the committee would be interesting in applying for the grant.

The committee was interested in developing a veteran’s memorial and suggested it be put around the flagpole at the east cemetery. This could be a plaque or stone stating that we Honor Veterans.

Steve asked if they knew if there was a list of all the veterans in the cemetery and we could put the names of those on the plaque. Shirley didn’t know of a list but thought it would be difficult to come up with one and what would people feel if we missed a relative who served.

Overall, they liked the idea and would like to move forward with applying for the grant.

The next meeting of the Drain Cemetery Committee is scheduled for Tuesday, February 18, 2020 at 9:30 a.m. It will be held in the Meeting Room of the Drain Civic Center, 205 West A Avenue.

C. CIVIC CENTER

MINUTES

1. Approval of minutes of the Civic Center Advisory meeting on October 21, 2019.

Grace Almaas made the motion to accept the minutes for the October 21, 2019 meeting. Laurie Fox seconded the motion. It was approved unanimously.

BUSINESS

1. Marketing Brochure

The committee discussed creating a marking brochure. The committee believes this is a good idea & should be sent out to wedding shops and places in the area. The city could create a Civic Center rental page on the City Website. The idea was presented to create a city Facebook page highlighting the Civic center as a place to rent. The committee discussed the possibility of having the kitchen certified.

2. Revise alcohol policy

One of the reasons mentioned for people not renting the civic center for weddings and events is that the City does not allow alcohol use in the building.

The Committee was fine with the idea of wine and champagne but was not as comfortable with beer and hard alcohol.

Grace Almaas stated that when she owned a beer bar one of the issues that she faced was people bringing their own hard alcohol into the bar and was concerned the same thing would happen here.

Steve said that he has reached out to the insurance company to discuss what their concerns were but hadn’t heard back from them yet.

It was suggested to contact OLCC and see what their thoughts are.

Also, to allow alcohol only to private events that have no public participation.

.

Next meeting of the Drain Civic Center Committee is scheduled for February 18, 2020 at 5:30 p.m. in the meeting room of the Drain Civic Center.

D. DOUGLAS COUNTY SHERIFF’S DEPARTMENT

See Report

Administrator Dahl notified council he had received an email from Oregon Community Foundation requesting a meeting with Administrator Dahl, library director & parks for long term planning for the Whipple Donation Funds. Administrator Dahl will keep council updated.

III. BUSINESS ITEMS

Consent Agenda:

1. Minutes - Regular Meeting December 9, 2019 & Executive Session December 16, 2019.

2. Payment of the Bills Check #’s 223-233, 32125-32172 in the amount of $126,408.64 & Transmittal Checks #5291714-5291719 in the amount of $28,653.28 & Payroll Check #’s 9768-9783 in the total amount of $34,440.81.

Councilor Barker made a motion to approve the consent agenda. Councilor Hogsett seconded. The motion passed unanimously.

IV. PUBLIC HEARING

None

Mayor Cobb read the State of City Address:

State of the City Address

Welcome to 2020! Where do we even begin? This last year has brought several challenges from enormous weather events to the financial costs of clean up from the events. While the events of last year where unpredictable and costly, the federal government reimbursed us for 75% of the total cost. While initially this put a strain on our budget, overall the City didn’t suffer too badly. The budget remains in good standing order despite several unexpected expenses. We closed out the paperwork on our new Wastewater Treatment Center and much to my excitement, kept the project roughly half a million under the projected budget.

Our goals moving forward are to strengthen our budget even further to better accommodate any future events. We plan on continuing our tradition of smart business with community involvement and participation with our business leaders and community leaders. We plan on continuing to update and replace old infrastructure including a new Public Works shop and City Hall. This year is lining up to be a good year with many changes to local policy to better help encourage business growth in our town. These changes are intended to better help citizens who want to start a small business.

The City has recently seen a new pizza parlor move to Drain and are currently working on two more businesses including a coffee shop and a used car dealership. After the storm event from last year, the City, in cooperation with the Cemetery Committee, cleaned up the downed trees and replaced the fence around the cemetery, plus built a new tool shed. We’ve developed a new Parks Master Plan that highlighted several areas around town that the people of Drain would like to see improved.

The Friends of the Mildred Whipple Library celebrated a successful first year and we could not be more excited for them. The library continues to be a beacon of community involvement and a safe place for our youth to gather. We as a City will continue to do our part in supporting the l library and hope to continue this for many years to come.

The City is currently working on the future of City Hall and will continue to work on it until a decision can be made that balances the long-term use and the financial cost of City Hall. Whether that will be demolishing the current building and building a new one, purchasing an addition to the Civic Center or purchasing a property in town that would serve as a replacement building for the next 20 years until a long-term financial plan can be established and implemented.

For the first time in Drain’s history, we hosted a League of Oregon Cities small cities meeting. Overall, it was well received and showed people from around the state what we as a City have to offer.

Finally, with the cooperation of Oregon Department of Transportation (ODOT), we placed two new radar speed signs on each end of town. The goal of this was to slow vehicles down through town and reduce the potential for a vehicle versus pedestrian accident. From my personal experience, I do believe it has had the desired effect. Moving forward with ODOT, we will soon be seeing changes coming to the crosswalk and parking in front of Ray’s Food Place.

I wish you and yours a happy and healthy 2020 and feel free to reach out if you have any questions or concerns.

V. ACTION ITEMS

A. Re-appoint of Amethyst Beard

Mayor Cobb stated that an e-mail was received from Amethyst Beard with a request for re- appointment to the Planning Commission. Mayor Cobb commented that a vote would need to be taken to approve the request. Councilor Barker asked how long Ms. Beard was previously on the Planning Commission. Mayor Cobb stated a long time and why she requested to be removed. The Mayor asked for a motion.

Councilor Hogsett made a motion to re-appoint Amethyst Beard to Planning Commission. Councilor Jones seconded. The motion passed unanimously.

Councilor Barker asked about the ODOT radar signs, referring to the City Administrators biweekly report to council that ODOT would be out January 2nd because of problems. Administrator Dahl hasn’t been in contact with them but stated he would send them an email. Administrator Dahl stated their parts warehouse was closed over the holiday season and would re-open January 2nd. Administrator Dahl stated he assumed that they are working diligently to get the project done and waiting for their part to get in. Again, the reason for the radar signs to be taken down was because the batteries were going down too quickly. Administrator Dahl stated that ODOT is working on it and he intends to give them another week and he will follow up with an e-mail.

B. MOU between the City of Drain & North Douglas County Fire & EMS/use of old ODOT property

The North Douglas Fire and EMS District has asked the City of Drain to allow them to store their equipment at the old ODOT shop while they are upgrading their building. This Memorandum of Understanding formulizes the agreement. The agreement outlines specifications between the parties. Administrator Dahl did not have dates to include in the agreement. The City of Drain will have access to their equipment and also to the burn pile. Councilor Barker had a suggestion since the date is not available that the title have temporary. Council discussed various options amongst themselves. Mayor Cobb stated that the agreement line item 8, terms of permit the term commences from a year from the date it was started or till revoked with the terms of the agreement. Mayor Cobb stated that tonight’s date can be added to the document and then they can vote on the item if council wanted to proceed. Council discussed further.

Councilor Jones made a motion to approve the MOU between the City of Drain & The North Douglas County Fire & EMS for the use of old ODOT property. Councilor Hogsett seconded. The motion passed unanimously.

C. Harassment Policy update

In the 2019 Legislative Session the Legislature pass Senate Bill 479, the Oregon Workplace Protection Act. This bill expands the regulation of Oregon public employment significantly. I specifically outlaw’s discrimination in employment against features of a person’s identity, e.g. race, color, religion, gender, and more. It goes on to define “workplace harassment” as conduct constituting discrimination because of an individual’s race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is over 18. This new policy covers employees in the workplace, or between an employer and employee in the workplace, or at a work-related event that are off the employment premises and that’s coordinated by or through the employer or between an employer and an employee off the employment premises.

The policy must include:

• A statement prohibiting workplace harassment;

• Information explaining that a victim of workplace harassment has a right to see redress through;

o The employer’s internal process

o Through the Bureau of Labor and Industries complain resolution process

o Under any available law, whether civic or criminal, including

▪ The timeline under which relief may be sought

▪ Any available administrative or judicial remedied

▪ The advance written notice of claim against a public body that a claimant must provide to that body required by Oregon Law

▪ A statement that a person who report workplace harassment has the right to protected from retaliation

▪ A statement of the scope of the policy, including that the policy applies to elected public official, volunteers and interns

▪ An explanation that a victim of workplace harassment may voluntarily disclose information regarding an incident of workplace harassment that involves the victim

▪ Information to connect a victim of workplace harassment with legal resources and counseling and support services, including any available employee assistance services

▪ A statement that an employer may not require or coerce an employee to enter into a nondisclosed or non-disparagement agreement, including a description of the meaning of the terms;

▪ An explanation that an employee claiming to be aggrieved by workplace harassment may voluntarily request to enter into a nondisclosure/non-disparagement agreement including a statement that explains that the employee has at least seven days to revoke the agreement

▪ A statement that advises employers and employees to document any incidents of workplace harassment.

The City of Drain must have a distribution plan that includes disclosing any concerns about workplace harassment to a supervisor or to a person designated by the employer to hear such concerns. A written procedure for prompt complaint investigation. The City of Drain cannot require a non-disclosure agreement with aggrieved employees unless they request it. Although they may have a non-disclosure agreement with employees who have been found to harass. Administrator Dahl stated that the new agreement will replace the agreement currently in the employee handbook. Councilor Barker commented that the agreement addressed disability although Administrator Dahl’s introduction did not. Mayor Cobb asked for questions/comments.

Councilor Barker made a motion to approve the substitution of the new harassment policy for the sections for our existing book. Councilor Jones seconded. The motion passed unanimously.

C. Prize for Mayor Contest

The City Council approved the City of Drain taking part in the “If I were Mayor.” statewide contest. The statewide winner can win up to $500.00 in prizes. The Contest ends on February 3rd for the Drain students. Administrator Dahl stated that the council has allotted $50.00 for each division winner. Mayor Cobb stated the divisions were elementary school 1st-5th, middle school 6th-8th & high school 9th-12th. Elementary contestants were required to do a poster board, middle school contestants were required to do an essay, high school contestants were required to do a video presentation. Councilor Hogsett inquired about a larger prize for the older contestants, Mayor Cobb didn’t know if it fell under ethics guidelines. Administrator Dahl stated that council could present a larger prize but reminded council what was allotted and stated that he did not believe this fell under an ethics issue. Administrator Dahl suggested taking the winners and families to eat at a local restaurant or give gift certificates from one of the local shops. Administrator Dahl was looking to council for ideas. Councilor Barker brought up an honorarium plaque for in the library for them. Councilor discussed that the library was not involved. Administrator Dahl stated the plaque could be placed in the meeting room. The council will be presented with the contest entries and will be judging. Councilor Jones commented that if a plaque is done that a certificate is important for their personal portfolio. Councilor Barker asked what restaurant and suggested Tomaselli’s. The council agreed on a certificate and taking the winners & families to dinner.

Councilor Hogsett made a motion to “If I Were Mayor” contest winners & families to dinner and present them with a certificate. Councilor Jones seconded. The motion passed unanimously.

D. Executive session per ORS 192.660(d) To conduct deliberations with persons designated by the governing body to carry on labor negotiations.

Administrator Dahl introduced Pierre Robert with Local Government Personnel Institute, an operation of the League of Oregon Cities.

Session opened at 8:00 p.m., session closed at 8:50 p.m.

Councilor Hogsett moved to hire LGPI to conduct the City of Drain’s union bargaining. Councilor Jones seconded. The motion passed unanimously.

Sgt. Hansen with the Douglas County Sheriff’s Dept. presented the monthly statistics. Sgt. Hansen was working on an accident.

E. Executive session per ORS 192.660(e)to conduct deliberations with persons designated by the governing body to negotiate real property transactions.

Session opened at 9:11 p.m., the session closed at 9:35 p.m.

Councilor Jones moved to get costs of repairs of 649 Fir St., Councilor Hogsett seconded. The motion passed three in favor and one opposed.

VI. DISCUSSION ITEMS

A. Water rates

The City of Drain has two prices for water for both inside and outside for residential water. $37.26 for up to 600cf (4,500 gallons) of water and .0329 cents for anything over 600cf (4,500 gallons) for inside the City and $52.29 and .0487 respectively for outside the City limits.

What I am suggesting is that starting July 1st we insert a new rate for water of .018 for between 4,500 gallons and 9,000 gallons for people within the City limits. For people who used that much between July 1, 2018 and June 30, 2019 the City would have brought in $4,499.29 in less review. (please note that this does not include amounts for people who used more than 9,000 gallons). However, if the price was not so high people might use more water to water their lawns in the summertime, or be less conservative because the price for going over is not as dramatic. There is however no guarantee that this would happen.

Administrator Dahl wasn’t sure if it would be fiscally feasible to insert a new water rate.

Currently, we are running the water plant three to four days a week and are not filling up the water tanks we have so there is room within the system to increase water creation.

Mayor Cobb’s concern is that the water fund is barely holding its own now. Councilor Barker could see a rate like this added during the growing season as a seasonal rate and there would only be a few months as opposed to an entire year. Mayor Cobb commented that he understands the intent to encourage people to water lawns. Mayor Cobb is concerned that this added rate will result in a financial loss for the water fund. Mayor Cobb is not sure this is a good short term it could hurt the city budget, long term he feels it would be ok. Councilor Barker commented long term that reaching out to Yoncalla & Rice Hill to offer water service would be an option & possibly reduce the city rates. Mayor Cobb commented that these all are what if thoughts right now. Administrator Dahl stated that he is looking for councils’ thoughts on the subject not a motion to act on. Would council like Administrator Dahl to develop a plan. This would affect anyone using over 4,500 gallons. Administrator does not know what this amount would be right now. Administrator Dahl agreed with Mayor Cobb that short term this could hurt financially & that long term it might pay off. Administrator Dahl commented that with more people watering yards that the city would look better. Councilor Jones commented that she would like more investigation into the idea. Councilor Jones has cut back her water usage & stated she would water again if the new rate was put in place. Councilor Jones also mentioned that the intent of using more water & water lawns will help during fire season. Mayor Cobb commented that Councilor Jones is in favor of more investigation of the new water rate. Council continued to discuss amongst themselves and several thoughts of supplying water to Yoncalla and the possibility of a new rate to encourage increased water usage. Mayor Cobb directed Administrator Dahl to continue to investigate the new rate. Administrator Dahl inquired what council was specifically looking for, Mayor Cobb directed Administrator Dahl to hire the contractor and see what their thoughts are.

VII. INFORMATIONAL ITEMS

FEMA has approved the last task to be signed off on January 6. I have signed off on the task and the City should receive about $54,000 towards the cost repairing and maintaining the electric lines during the snow storm. The last thing that will be signed off on is the administrative time to fill out the grant application. The administrator spent 333 hours working on the FEMA grants last year. When we receive the three remaining payments the City should have received around $197,000.

LEAGUE OF OREGON CITIES I have been asked to serve on the League of Oregon Cities Water Legislative Committee. This committee is supposed to help LOC develop a water legislative agenda that will help the legislature create city positive rules and process for water use in Oregon.

PLANNING COMMISSION The City needs another person on the planning commission. So, if you know of anyone who may be interested please have them contact me so we can get them going.

CITY HALL On Monday January 6th we had an inspector come and review the Fir Street building. We have also contacted US Bank and received a loan proposal from them.

Administrator Dahl commented that Council Barker requested a review of our ordinance that requires ordinances to come out 10 days before the required meeting. Councilor Barker referred to the mailing notice (blue card) sent out by LCOG (Lane Council of Governments) regarding the upcoming meeting & when the documents would be available for public review and the date of the meeting. Mayor Cobb commented that he had received numerous calls in regards to the mailing. Councilor Barker read a portion of the card. Councilor Barker stated that the staff report must be out 7 days before a hearing. Mayor Cobb directed Administrator Dahl to proceed with the request.

Mayor Cobb commented that he was not sure about the quarterly financial summary prepared by Dana Benner. Dana Benner commented that she did not expect to present the summary since she was not on the agenda. Mayor Cobb agreed. Administrator Dahl commented that he would discuss the summary with council.

Administrator Dahl proceeded with the summary, the General Fund, the city expected to receive $8,000 for the cemetery and received $5,600.00 so we are short on what was budgeted. The City budgeted a $40,000.00 transfer for the cemetery perpetual care into the cemetery portion of the general fund Administrator Dahl wanted to let council know that with the transfer will draw down the Cemetery Perpetual Care savings account to a balance of $9,022.00. The total balance in fund 70 is $141,000.00 with $84,000.00 held in a time certificate. The city budgeted $110,000.00 contingency for the general fund with $100,000.00 of that contingency funded by transfer from the city Reserve Fund. The police contract for 2019-2020 has not been paid. This future expense will drop the balance to approximately $90,370.00 expenses of the building maintenance account for 140% of the budgeted total. The other revenues attributed to city hall abatement expenses the net revenue over expenditures for the 2nd qtr presented today reflects a YTD positive $120,000 with an ending fund balance $199,836,000.

The Electric Fund the city received $8,619.00 in FEMA funds; partial reimbursement funds connected to the winter storm. The city will have to include expenses in relation to the purchase of the new street sweeper in the form of a supplemental budget. Details regarding the purchase of this new piece of equipment was outlined in the first quarter financials. The end of the first quarter reflects a negative -$45,837.00 in the electric fund.

The Water Fund, we are currently at negative -$158,724.37 but we haven’t received the payment from FEMA for something around $69,000.00 for the FEMA payment.

The Street Fund we had planned $30,000 for sealing East Drain Road, $25,000 for replacing street lights & $150,000.00 for paving D Avenue. We did not get the community development grant we applied for from ODOT so we will not be doing most of the projects on that one. At the end of the 2nd quarter reflects a YTD negative -$2,240.32, with an ending fund balance of $98,687.44.

Unbudgeted revenues & expenses for the waste water treatment is $392,992.00.

Waste Water Fund we are reflecting a negative -$235,858.79 with an ending fund balance of $363,929.84. We knew when we planned that we were going to be short a little bit in the Waste Water Fund because we were finishing up some projects that weren’t completed with the building of the Waste Water Plant, for example the fence around the ponds, the building of the roof over the pumps and stuff like that.

We have the December Financials if anyone wants to look through them and ask any specific questions also, the process for Chapter 13 on how to process a supplemental budget which we will have to do sometime in the near future. That is the highlights of the packet.

Councilor Barker questioned Dana Benner, when she makes her quarterly report if she wants to be placed on the agenda or let Steve run with it? Dana Benner replied that it didn’t matter to her. Dana commented that council had requested a quarterly report be prepared & that she was fine with presenting it if council requests her to, also Dana commented that Steve is the financial advisor & budget officer. Mayor Cobb commented that Dana prepares the report and Steve is responsible for it. Councilor Barker inquired to Steve if he wanted to do it. Mayor Cobb commented that he would like Steve to present it, it is his job. Administrator Dahl commented that he is happy to do it. Councilor Barker agreed. A question was asked where East Drain Rd is, Administrator Dahl commented that it should have been East Drain, referring to the Whipple Ave. area.

Mayor Cobb encouraged council to go home and read through the financial packet very carefully. Mayor Cobb commented that council is just a much on the hook as they are, more so actually, highly, take the time, read through it all and make sure everything seems copasetic to you, if not sit down with him. Councilor Barker commented that she still going through the T-20 contract.

Anne Campbell inquired about the vacancies on the Planning Commission if you have to be a resident of the city limits. Administrator Dahl answered that it would be within city limits or urban growth boundary. Anne commented that she is out of city limits. Mayor Cobb stated that she is probably in the urban growth boundary. Administrator Dahl commented that if she gave him her address, he could find the urban growth boundary and that they would be more than happy to have her. Anne stated she wasn’t sure and just inquiring since she doesn’t receive a ballot on city issues. Administrator Dahl explained the urban growth boundary jurisdiction is managed by the city. The Planning Commission is the only committee that allows that.

ADJOURNMENT

It was moved and seconded to adjourn the meeting. The meeting adjourned at 9:40 p.m.

____________________________________

Justin Cobb, Mayor

ATTEST:

___________________________________

Steve Dahl, City Administrator

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