Minutes September 26, 2005
(10-10-2005)

MINUTES OF THE AGENDA REVIEW MEETING

OF THE ROSEBURG CITY COUNCIL

September 21, 2005

Councilor Stacey Crowe called the agenda review meeting of the Roseburg City Council to order at 4:08 p.m. on Wednesday, September 21, 2005, in the Roseburg City Hall Conference Room, 900 SE Douglas, Roseburg, Oregon.

Present: Councilors Jack Reilly, Rick Coen, Stacey Crowe, Lanty Jarvis, Michael Baker and Tim Freeman (arrived 4:23 p.m.).

Absent: Mayor Larry Rich, Councilors Phil Gale and Mel Cheney.

Others present: City Manager Eric Swanson, Administrative Assistant Debi Davidson, Consultant Jim Johnson, Human Resources Director Barbara Gershon, Community Development Director Fred Alley, Public Works Director Clay Baumgartner, Finance Director Cheryl Guyett and Fire Chief Jack Cooley.

AGENDA REVIEW

Councilors requested they receive copies of the applications received for potential appointment to the Airport Commission. Brief review was then held on the items scheduled for the next regular meeting.

In regard to the revised Council Rules and Procedures, Reilly suggested the rules include some form of punishment. Johnson suggested such direction could be made at the regular meeting. The revised rules were based upon Roseburg�s existing rules, combined with provisions from Eugene, Creswell and West Linn. Given the discussion at Council�s strategic planning session, the changes shouldn�t be deemed as too significant. The only major change is in audience participation which requires pre-meeting sign-up to speak. Johnson also suggested more matters, including ordinance adoption, could be scheduled for public hearing to help coordinate public input/participation.

The Urban Renewal Board will meet to discuss proposed boundary revisions. Additional options were offered for consideration based on the Board�s discussion on September 12th. (Freeman arrived 4:23 p.m.) Johnson indicated the advantage of including Elk Island into the boundary would be to serve as natural open space and enhance the convention center and waterfront renewal efforts. It could also serve as an anchor point for a potential bridge from Diamond Lake Boulevard to the high school.

Discussion was held on whether the Pine and Stephens Street areas should be included. Johnson and Coen emphasized the need to use the funds for projects which would have the most impact over the next five years. Baker noted that funds may be used for low interest loans for building improvements and not just for public infrastructure purposes. Concerns were expressed the work continues on a proposed Waterfront Master Plan, and the Council has not had opportunity to participate in that project. It was noted that the proposal would be presented to the Planning Commission and City Council for review and adoption later this year.

CITY MANAGER ACTIVITY REPORT

Swanson provided an informational update on the following matters:

� Department Head Meeting Agendas

� Fire/Police Alarm Ordinance Status

� Chamber of Commerce Board Meeting during which the Board supported the Cow Creek Convention Center Project

� Visitor Services Update. Brief discussion regarding use of Visitors and Convention Funds for events in relation to the Mayor�s Special Events Committee

� Community Development Process Improvement Workshop scheduled for 11/2/05

� Parks Department Organization where the Public Works Department will absorb parks responsibilities. A Parks Program Manager (mid-level management) position will be created in lieu of a Parks and Golf Director.

� Work Plan Review

� Douglas County Industrial Development Board Report

� Firefighters in Louisiana for Hurricane relief assistance

� Neighborhood Walk scheduled to begin October 27th in Ward I

�

Meeting adjourned at 5:10 p.m.

Debi Davidson

Administrative Assistant

MINUTES OF THE REGULAR MEETING

OF THE ROSEBURG CITY COUNCIL

September 26, 2005

Mayor Larry Rich called the meeting of the Roseburg City Council to order at 7:00 p.m. on Monday, September 26, 2005, in the Roseburg City Hall Council Chambers, 900 SE Douglas, Roseburg, Oregon. Councilor Baker led the Pledge of Allegiance.

Present: Councilors Mike Baker, Mel Cheney, Tim Freeman, Rick Coen, Lanty Jarvis, Stacey Crowe and Jack Reilly.

Absent: Councilor Phil Gale.

Others present: Acting City Manager/City Recorder Sheila Cox, City Attorney Kathryn Brotherton, Public Works Director Clay Baumgartner, Finance Director Cheryl Guyett, Fire Chief Jack Cooley, Human Resources Director Barbara Gershon, Community Development Director Fred Alley, Community Planner Les Wilson, Consultant Jim Johnson, Police Chief Mark Nickel, Melva Mackey and Meghan Kalkstein of KPIC-TV and Chelsea Duncan of the News Review.

MAYOR REPORTS

Mayor Rich advised Council he would like to postpone filling the vacancy on the Airport Commission until the next meeting to allow more time to review the applications. Reilly felt there had been sufficient time to consider the applications. Council had reviewed them, and the Commission Chair was very comfortable with appointing one of the applicants, so there was no need to postpone action. Reilly then made a motion to overrule the Mayor�s decision and to proceed with a nomination for appointment of a candidate to the Commission. Freeman seconded the motion.

Upon questioning by the Mayor, Cheney recommended appointing Bob Russell to the Commission because he had been attending Commission meetings for a long time while other applicants had never attended, and because of Mr. Russell�s obvious support for the airport through his involvement in the air show and his willingness to continue participation in future air shows. Crowe indicated she understood the Charter gave the Mayor the authority to make commission appointments, had no concern with delaying the appointment until the next meeting and didn�t feel it was appropriate to go against the Mayor�s decision.

Rich informed Council he was quite concerned that a �division� among the Commission members could be created if he wasn�t allowed the time to process information he�d recently been provided before proceeding with the appointment. Cheney expressed his complete disagreement with the Mayor and indicated he was confident he could continue running the Airport Commission meetings in a professional manner, regardless of who was appointed to fill the vacancy. Freeman asked if the Mayor intended to �re-open� the application process. The Mayor responded that he had no intention of accepting further applications or delaying the matter past the next meeting; he only wanted time to ensure that the appointment would not add to the tension currently being felt at the airport.

Jarvis acknowledged his belief that appointing commission members was under the authority of the Mayor, and while he was extremely impressed with the job Cheney was doing as Chair of the Airport Commission, he had to support the Mayor�s right to make the decision. Coen hoped the Mayor would be supportive of Councilors serving as Commission Chairs, rather than questioning the effort they put into those responsibilities and therefore supported Cheney�s recommendation on the appointment. Brotherton requested, and was granted, time to review the Code in order to give Council the appropriate answer regarding Council�s authority to overrule the Mayor�s appointment to a Commission.

Rich reminded everyone of the Welcome to New Physicians Reception being held by the Chamber from 5:00 to 7:00 p.m. on Wednesday and encouraged everyone to attend. The Mayor reported Melva Mackey of KPIC would soon be doing daytime news, so she would no longer be covering Council meetings. Council thanked Melva for the job she�d done covering the meetings and welcomed her replacement Megham Kalkstein.

COMMISSION/WARD REPORTS

Crowe reported she and Freeman had the opportunity to view MedCom�s new computers for emergency vehicles. Freeman announced MedCom received a $10,500 grant from Douglas County Individual Practice Association to purchase the much-needed equipment to assist with heavy patient mobilization. Crowe also advised MedCom renewed its lease with the City for office space at the Municipal Building.

Freeman reported on his monthly meeting with Douglas County Fire District #2 wherein they discussed the railroad issue taskforce, the upcoming division of assets process and the possibility of having a nurse practitioner stationed in local retirement homes to limit ambulance calls to such facilities. Freeman also reported on the monthly meeting between the City, School District Superintendent & School Board Chair. The District, the City and the Cow Creek Band of Umpqua Indians are considering a 10-year commitment to jointly fund a school resource officer, and the City plans to provide the District with growth projections to assist with future planning for school expansion.

Jarvis reported the Special Events Commission had prepared draft by-laws to address the broad needs of the community so smaller groups could request assistance. The draft was sent out to Staff and Council for input. Jarvis would like to revise the draft for approval at the Commission�s October 4, 2005 meeting and Council�s consideration at the October 24, 2005 meeting. Jarvis moved to direct the City Manager to have staff prepare an ordinance establishing the Special Events Commission. Freeman, Reilly and Coen all expressed appreciation for the effort put forth to form this Commission. The motion was seconded by Reilly and carried unanimously.

Coen advised the Golf Course Commission will investigate a proposal to place a cell tower, designed to look like a tree, on the Golf Course and agreed to start a feasibility study, on Roseburg Urban Sanitary Authority�s suggestion, that a golf course being located on their property to assist with meeting Department of Environmental Quality�s requirements and restrictions on discharging effluents into the Umpqua River.

Baker reported the Umpqua Regional Council of Governments will redesign the transit routes to do away with the �looping�, and will soon place shelters at a couple of new locations. Crowe recommended �no smoking� signs be placed in the shelters.

Reilly made a motion to direct the City Manager to have Staff put together the information necessary for a workstudy session to review the hotel/motel tax rate and the guidelines regarding distribution of the tax and to consider an annual amount or percentage of the hotel/motel tax to be budgeted for the Special Events Commission. Freeman seconded the motion. Crowe and Coen thought it was very important for the Chamber and the Visitor & Convention Bureau to be involved in the workstudy session in order to keep an �open-door policy� with the Chamber. Jarvis recommend the distribution of funds to the Economic Development Commission should be considered at the same time. Motion was voted on and carried unanimously.

Reilly made a motion to direct the City Manager to have Staff schedule a meeting between Council and the appropriate members of the Chamber of Commerce to discuss the City�s current contract with them in reference to the V&C funds the City provides and to look at their interaction with the City on the new Special Events Commission. Cheney seconded the motion.

Freeman felt it was an excellent idea for the two groups to get together and discuss future plans to ensure they are not duplicating each other�s efforts. Reilly recommended consideration be given to having a Council liaison with the Chamber, much like the City has with the Douglas County Commissioners. Crowe advised she�d never had any problem with communication from the Chamber and/or the Visitors Bureau. She felt everything could be covered under one meeting with the Chamber and recommended Council review the Chamber�s contract prior to that meeting. Reilly said he was not opposed to just having one meeting, but stressed there were two issues - review of the hotel/motel tax and review of the contract with the Chamber wherein the City contributes $450,000 and only receives an annual report showing how they spent the funds. He wanted more input on how the money was spent. Baker said his main concern was how to fund the new Commission and whether or not the hotel/motel tax needed to be increased. It was his understanding that the contract with the Chamber would have to be amended to increase the tax, or change the distribution amounts. Mayor Rich wanted both groups to be equally informed. Jarvis felt the question of whether or not to raise the hotel/motel tax rate was strictly a Council decision, but that all parties should be involved on the decision of how the funds are distributed. Motion was voted on and carried unanimously.

Reilly move to direct the City Manager to give the Chamber formal notice expressing the City�s intent to renegotiate the current contract between the two entities. He explained the contract required a formal 60-day notice before anything could be renegotiated. Freeman seconded the motion.

Crowe indicated she felt the motion �killed� the good faith comments that both sides wanted to communicate and come out with a good solution - that it gave a negative impression and put a �veil� over the discussions. Freeman understood the contract would have to be changed even if the City decided to give the Chamber a higher percentage of the tax, so the notice would just start the �official� timeline. The Mayor agreed with Crowe and thought the action would put the Chamber �on guard� that there could be a second alternative involved. Cheney asked Brotherton if the notice requirement was common in most standard contracts. Without having reviewed the contract, Brotherton could not confirm whether the notice language in this particular contract only referenced termination or if it was required for any type of change in the provisions. Reilly said if after reviewing the contract Staff determined the 60-day notice was not required to amend the contract, the notice would not have to be sent. Crowe felt sending the notice would put the Chamber on the defensive and she saw no benefit it doing that. Baker suggested the notice specify that it was for a possible amendment to the contract, not potential cancellation. Upon questioning by the Mayor, Brotherton said Council would be advised if it was determined the notice in this contract only related to cancellation. Jarvis stated it was always understood the Special Events Commission was to be funded from the hotel/motel tax and that had never been an obstacle, and giving the Chamber formal notice of the possible change would just be following the proper procedure; he then made a motion to call for the question. The motion was seconded by Baker and carried without debate. The main motion was then restated, voted on and carried with Crowe opposed.

COUNCIL WARD REPORTS

Freeman thanked Staff for mowing the intersection at Garden Valley and Stewart Parkway and expressed his desire to develop landscaping plans for the intersection sometime in the future.

Upon questioning by the Mayor, Brotherton indicated she could not find anything in the Code that would authorize Council to overrule the Mayor�s decision on commission appointments. The matter was therefore postponed until the next meeting. Baker felt the candidate Cheney recommended was uniquely qualified to serve on the Commission and those expressing concern over his appointment should be so advised.

PUBLIC PARTICIPATION

Eric Olson stated he didn�t think it was unreasonable for the Mayor to have authority to make commission appointments.

CONSENT AGENDA

Freeman moved to approve the following Consent Agenda Items:

A. Minutes of the Agenda Review Meeting of September 7, 2005.

B. Minutes of the Work Session of September 12, 2005.

C. Minutes of the Regular Meeting of September 12, 2005.

D. Public Works backhoe purchase through the State of Oregon GSA contract for $78,976.00.

Motion was seconded by Crowe and carried unanimously.

RESOLUTION NO. 2005 -19 - ADOPTING DBE PROGRAM GOAL

Cox reported that as a condition of receiving $250,000 or more in annual FAA funding, the City must participate in the Disadvantaged Business Enterprise Program, which certifies the City will not discriminate on any project involving FAA funds. Freeman moved to adopt Resolution No. 2005-19, adopting the City of Roseburg Disadvantaged Business Enterprise Program Goal for FY2006. Motion was seconded by Baker and carried unanimously.

RESOLUTION NO. 2005-20 - STORM DRAINAGE PROGRAM

Freeman moved to adopt Resolution No. 2005-20, increasing storm drainage fees effective November 1, 2005. Reilly felt the increase should be higher, but seconded the motion, which carried unanimously.

COUNCIL RULES AND OPERATING PROCEDURES

Johnson reminded Council they�d started a review of a proposed revision of the Council Rules, which were originally adopted in 1995, over a year ago, but the review had been delayed due to more pressing matters. At Reilly�s request, he had prepared proposed sanctions for violation of the rules. Johnson advised Council the appropriate action would be to direct staff to prepare an ordinance adopting the proposed revisions to the rules. Freeman indicated he�d had an opportunity to review the proposed rules and sanctions and made a motion to adopt the proposed rules as presented, including the sanctions. Reilly seconded the motion.

Johnson pointed out several changes he�d made to the draft since it was last discussed with Council. The changes included: allowing a Councilor to request an agenda item be postponed due to his absence; limiting audience participation to that specific time on the agenda and requiring participants to sign up for that opportunity prior that time on the agenda; putting most of the items that would interest the public at the very beginning of the agenda; and adding a section called �Action Items By Departments� rather than grouping everything under City Manager Reports. He also clarified some parliamentary procedures in the new draft.

The Mayor requested leaving the time limit for audience participation at the current 6 minutes, as opposed to the 3-minute limit suggested in the revision. After brief discussion, it was agreed that audience participation should remain at 6 minutes per individual, with a total time of 30 minutes for all speakers, and the item should be placed after the Mayor�s Reports and Council Commission/Ward Reports to allow those wishing to speak the time to sign up for opportunity to do so.

Johnson further explained the sanctions he�d presented which addressed public disruption, inappropriate Staff behavior and Mayor and Council Members� behavior and conduct. Cheney recommended removing the words �intentionally� and �repeatedly� from Section 3, and �in private� from Subsection 3(A) of the proposed sanctions. Concurrence with Cheney�s recommendation was expressed by a majority of Council. Staff will make the changes as agreed upon when drafting the necessary ordinance. The motion was voted on and carried unanimously.

Meeting adjourned at 8:26 p.m.

Sheila R. Cox

City Recorder

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