Kalispell Business Improvement District (Downtown BID)

City of Durham CITY COUNCIL MINUTES June 24, 2025 A. OPEN REGULAR COUNCIL MEETING. Mayor Joshua Drake opened the meeting at 7:30 PM at Durham City Hall. B. ROLL CALL OF COUNCIL MEMBERS. Councilors present: Mayor Joshua Drake, Council President Leslie Gifford, Councilors Gary Paul, David Streicher, and Sean Lee Councilors absent: None Staff present: City Administrator Jordan Parente Visitors: Kristin Leichner (via Zoom) C. COUNCIL MINUTES. Council President Gifford moved to approve the minutes from the April 22, 2025, and May 20, 2025, City Council Work Sessions and the May 27, 2025, regular City Council meeting, noting a correction for the May 27, 2025, meeting with the location being at the Juanita Pohl Center and that a public hearing was opened a closed without comment. Councilor Streicher seconded the motion. The vote passed (5-0). MO 062425-01 D. Mayor Drake read the CALENDAR OF MEETINGS.  Friday July 4, 2025 – City Hall Closed in Observance of Independence Day  Tuesday July 8, 2025 – Regular Meeting of the Planning Commission at 7:00 PM  Tuesday July 22, 2025 – Regular Meeting of the City Council at 7:30 PM E. PUBLIC FORUM. None. F. PLANNING COMMISSION UPDATE.  Durham Heights has completed their permitting submissions for the remaining homes planned in the development.  Durham Estates has recorded their 9-lot subdivision and will meet with the City regarding next steps.  The Ellman Lane project is also progressing, and they are currently wrapping up remaining infrastructure items before they can record the new plat.  There are several tree removal requests coming before Planning Commission at the July 8, 2025, meeting—2 residential and 1 commercial request.  The City Administrator is currently working with the City Planning on some updates to Durham’s Development Code. No further detail was given on the specifics. G. BUDGET PUBLIC HEARING.  Mayor Drake opened the Budget public hearing. No public input was received, and Mayor Drake closed the public hearing. H. BUDGET CONSENT AGENDA.  Minutes of April 29, 2025, Budget Committee Meeting  Minutes of May 27, 2025, Budget Committee Meeting  RESOLUTION 677-25; A RESOLUTION OF THE DURHAM CITY COUNCIL DECLARING THE CITY OF DURHAM’S ELECTION RECEIVE STATE REVENUES. 1   RESOLUTION 678-25; A RESOLUTION ADOPTING A BUDGET, MAKING APPROPRIATIONS, CATEGORIZING AND LEVYING TAXES FOR BUDGET FISCAL YEAR 2025-2026 FOR THE CITY OF DURHAM, WASHINGTON COUNTY, OREGON. Council President Gifford moved to adopt all items in the Budget Consent Agenda. Councilor Streicher seconded. The vote passed (5-0). MO 062425-02 I. FEMA PICM MEMORANDUM. Council discussed Durham’s FEMA PICM (Pre-Implementation Compliance Measure) options. City Administrator Parente requested a formal motion be made to notify FEMA that the City intends to opt for the permit-by-permit approach instead of adopting the model ordinance. This alternative approach, while fulfilling FEMA’s permit-by-permit requirements, would place responsibility on applicants to ensure they are meeting environmental obligations minimizing impacts to protected areas. The City Attorney had worked to draft language that merges elements of the model ordinance with the permit-by-permit process. Mr. Parente noted that the original July 1st deadline for compliance was proving unrealistic for most jurisdictions in Oregon, with few expected to meet the timeline. It was clarified that the permit-by-permit pathway was always a valid option and carried no additional risk, though legal counsel recommended it as the better path forward under current circumstances. Some jurisdictions are wary of backlash from the development community and delaying action. Mr. Parente emphasized the uncertainty of FEMA’s evolving requirements and noted that the rules may still shift significantly, even after local compliance measures are adopted, making costly ordinance amendments redundant. Council agreed to proceed by notifying FEMA of the City’s change in approach. Councilor Streicher moved to notify FEMA that the City’s PICM option will be the permit-by-permit option instead of adopting the model ordinance language previously discussed. Council President Gifford seconded. The vote passed (5-0). MO 062425-03 J. PUBLIC HEARING ON RESOLUTION 679-25, A RESOLUTION OF THE CITY OF DURHAM CITY COUNCIL ESTABLISHING A NEW BUILDING PERMIT FEE SCHEDULE CONSISTANT WITH THE CITY OF TUALATIN.  Public Hearing. Mayor Drake opened the public hearing. No public input was received, and Mayor Drake closed the public hearing. Councilor Paul moved to adopt Resolution 679-25. Councilor Streicher seconded. The vote passed (5- 0). MO 062425-04 K. SECOND READING OF ORDINANCE 269-25 AN ORDINANCE ESTABLISHING THE SOLID WASTE MANAGEMENT PLAN, STANDARDS AND RESPONSIBILITIES AND REPEALING ORDINANCES 184-96, 198-99 AND 267-22; ORDINANCE 269-25 EXHIBIT “A”. City Council held a second and final reading of Ordinance 269-25, which establishes the City's Solid Waste Management Plan and repeals three prior solid-waste ordinances. A conversation followed, centered on whether the ordinance should be codified into the municipal code. Councilor Streicher advocated for codification, citing the need for transparency and accessibility, especially given the ordinance includes penalties of up to $1,000 per day. He pointed out that other cities, 2  such as Sherwood, had explicitly directed codification in similar cases. He proposed adding Section 5 to the ordinance stating that it should be codified. The City Administrator raised the concern that Durham’s current “municipal code” is a collection of ordinances that had been compiled administratively, not formally adopted as a municipal code. This discrepancy can create future issues, namely around legal enforcement. For example, a code citation might be unenforceable in court if it does not cite the ordinance but an unadopted code. The discussion expanded into the broader issue of codification: whether to hire a service like American Legal Publishing to codify all ordinances properly, and the scale, cost, and time commitment such a project would entail. Councilor Streicher stated a full codification effort was daunting and could drag on indefinitely, while other Councilors suggested it could be phased in over time. Ultimately, there was no consensus on modifying the ordinance at this stage. Most agreed to pass it as written and revisit codification in a more comprehensive and organized way. Councilor Streicher indicated he will vote against the ordinance on the grounds that it was not being codified. Council President Gifford moved to adopt the second reading of Ordinance 269-25, an ordinance establishing the Solid Waste Management Plan Standards and Responsibilities and repealing Ordinances 184-96, 198-99, and 267-22, Ordinance 269-25, Exhibit A. Councilor Paul seconded. The vote passed (4-1). MO 062425-05 L. RESOLUTION 675-25: A RESOLUTION OF THE DURHAM CITY COUNCIL, OREGON GRANTING AN EXCLUSIVE FRANCHISE TO PRIDE DISPOSAL COMPANY, FOR SOLID WASTE COLLECTION AND TRANSPORT FOR THE CITY OF DURHAM, OREGON; AND FRANCHISE ACCEPTANCE. Council President Gifford moved to adopt Resolution 675-25, Resolution Granting an Exclusive Franchise to Pride Disposal for Solid Waste Collection. Councilor Lee seconded. The vote passed (5-0). MO 062425-06 M. PROPOSAL TO OBTAIN A LEASING AGENT. Councilor Streicher opened a discussion regarding the City obtaining a leasing agent to find suitable office space to house City Hall. Mr. Streicher introduced the item and provided a brief overview, noting that while much of the recent conversation had focused on potentially buying their current building, the group hadn’t sufficiently explored other available office spaces in Durham. With 22 months left on the current lease and the ability to exit it at a relatively low cost ($2,200), he argued it would be prudent to begin evaluating options now. Mr. Streicher recommended engaging a commercial leasing agent to gauge the market and identify suitable alternatives. Council agreed this was a smart and low risk move. The conversation expanded into long-term possibilities, including:  Buying the current building (if it becomes available)  Building on the city-owned “treed lot” (not a popular option but financially advantageous)  Acquiring and building on new parcel, potentially entering a build-to-suit agreement with a developer Council agreed that future office space should be roughly 1,000–1,500 square feet, ideally located within the City of Durham, with at least five to six parking spaces and ADA accessibility. While high-end amenities weren’t considered necessary, functional and flexible space was key. Councilor Streicher moved that the City secure a commercial leasing agent. Councilor Lee seconded the motion. The vote passed (5-0). 3  MO 062425-07 N. ADMINISTRATOR’S REPORT.  After discussion regarding availability, City Administrator Parente proposed scheduling a Work Session on the July 22, 2025, at 6:30 PM, and moving the regularly scheduled City Council meeting to July 29, 2025, at 7:30 PM. Council President Gifford moved to adopt the revised meeting schedule, Councilor Paul seconded. The vote passed (5-0). MO 062425-08  Mr. Parente confirmed with Council that there will be no regularly scheduled City Council meeting in August for the Council’s annual summer recess.  Mr. Parente informed Council that the Administrative Assistant’s salary was adjusted up by one Level from $27.52 to $29.49.  Lastly, Mr. Parente is anticipating a high turnout for City Council meeting of the first reading of the updated Tree Ordinance and will book the Juanita Pohl Center as City Hall capacity is limited. However, the ordinance is not ready and it is too soon to secure the venue. O. FINANCIAL REPORTS. Council President Gifford moved to approve May vendor checks 17757-17771 totaling $74,768.83 and ETFs/Debit charges totaling $15,407.64. Councilor Paul seconded the motion. The vote passed (5-0). MO 062425-09 P. COUNCIL COMMENTS & MISCELLANEOUS INFORMATIONAL ITEMS. Councilor Streicher proposed that each Councilor can decide if they want a paper copy or to bring in a digital copy on their personal devices. The Council decided that this is an unnecessary step. Mr. Parente said that he will provide any Councilors printed meeting packets upon request. Q. ADJOURN. Mayor Drake adjourned the meeting at 9:14 PM Approved: __________________________________________ Joshua Drake, MAYOR Attest: _______________________________________________ Jordan Parente, CITY ADMINISTRATOR/RECORDER 4