11072024 City of Shady Cove City Council Regular Meeting

Agenda Shady Cove Regular City Council Meeting Thursday, November 7, 2024 6 PM Join Zoom Meeting https://zoom.us/j/9722923260?omn=93948141758 Meeting ID: 972 292 3260 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Announcements/Proclamations by Presiding Officer A. This meeting is being digitally recorded. B. Next City Council: November 21, 2024 at 6 PM (Council Chambers and Zoom) C. Next Planning Commission: November 14, 2024 at 6 PM, (Council Chambers and Zoom). D. Next Recreation & Tourism Commission: November 13, 2024 at 5:00 PM (Library). E. Next Emergency Management Commission: November 11, 2024 at 6 PM (Library). F. Combined City Council and Planning Commission Workshop with guest Josh LeBombard from DLCD, Tuesday, November 12, 2024 at 6:00 PM. City Hall. G. City Council Work Session with Jackson County Sheriff’s Office, Tuesday, November 19, 2024 at 10:00 am at City Hall. H. These meeting dates and times are subject to change. I. Anyone wishing to address the City Council concerning items of interest may do so. The person addressing the Council must complete a Public Comment Card and submit it to the City Administrator prior to the meeting. All remarks will be addressed to the whole City Council and limited to 3 minutes per person. Public Comments may also be submitted by email to the City Administrator, at mparry@shadycove.org, no later than 4:00 PM the day of the meeting. The Council reserves the right to delay any action, if required, until such time as they are fully informed on the matter. 5. Public Hearings 6. Public Comment on items on the agenda (other than public hearings) 7. Consent Agenda A. Minutes of 10/17/2024. B. Bills Paid 10/12/2024 – 10/31/2024 for $274,036.90. 8. Items removed from the consent agenda 9. Current Grants Updates A. $1.5 million drinking water grant – 150-acres water right letter sent asking for an application; Amendment No. 1 approved by Business Oregon. B. Transportation grant – Kickoff meeting being coordinated. 10. Staff Reports A. Commission/Committee Reports B. City Administrator Agenda Page 1 of 2 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) 878-2225. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II). 11/01/2024 Council Packet Page 1 of 23 Council Packet numbering differs from document page numbering Shady Cove City Council Meeting Thursday, November 7, 2024 Agenda Page 2 of 2 11. New Business A. RESOLUTION 24-12 - A RESOLUTION OF THE CITY OF SHADY COVE, OREGON, AUTHORIZING SPECTRUM TO CONSTRUCT AND LAY BROADBAND FIBER WITHIN CITY LIMITS AND ESTABLISHING PERMIT REQUIREMENTS, FEES, AND ADDITIONAL BILLING RATES. B. TGM Local Planning-In Person Kick-off with Site Visit to Shady Cove, December 16, 2024. C. Schedule City of Shady Cove Volunteer Appreciation Dinner-action. D. Amendment Number 01, Project Name: Development of the City Drinking Water System, Business Oregon SB1530-action. 12. Old Business A. Grant Easement between City Shady Cove and Natale V Ra-Discussion and Action-status update. B. Welcome Signs-send draft drawings to engineering, construction scheduled for May 2025-informational. C. Emergency Management Commission, Emergency Levels for Incident Command System (ICS)-Discussion-Feedback-action. 13. Written Comments on items not on the agenda 14. Council comments and Liaison report 15. Adjournment Approved Attest ______________________________ ____________________________ Mayor Ball Michele Parry, City Administrator Council Vote: Mayor Ball Councilor Nuckles Councilor Winfrey Councilor Mitchell 11/01/2024 Council Packet Page 2 of 23 Council Packet numbering differs from document page numbering  Minutes Shady Cove Regular City Council Meeting Thursday, October 17, 2024 6 PM 1. Call to Order Mayor Ball called the Regular City Council Meeting to order at 6:00 PM. 2. Roll Call Council Present Mayor Ball, Kathy Nuckles and Councilor Mitchell Councilor Paige Winfrey was excused from this meeting. Staff Present: Michele Parry, City Administrator 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Announcements/Proclamations by Presiding Officer Mayor Ball made the announcements on the agenda. Mayor Ball made the City of Shady Cove Halloween Proclamation. 5. Public Hearings 6. Public Comment on items on the agenda (other than public hearings) 7. Consent Agenda Motion to accept the minutes of October 3, 2024, and the Bills paid dated September 27, 2024 – October 11, 2024, total amount of $7,141.70. Motion: Councilor Mitchell Second: Councilor Nuckles Motion Carried: 3-0 8. Items removed from the consent agenda. None 9. Current Grants Updates A. $1.5 million drinking water grant – waiting for addendum from Business Oregon. B. Transportation grant – contract sent to DLCD. C. SCA-North Cleveland – completed. D. SCA-South Cleveland-Warranty Work-A letter was sent to the contractor to smooth out the bike lane. 10. Staff Reports Emergency Management Commission-Jay Taylor-We have been doing workshops and updating documentation. Submitted for review to City Council for input were: A. Incident Levels for Shady Cove v1.3. B. SC EMC Binder V1. Shady Cove City Council Minutes Thursday, October 17, 2024 Page 1 of 6 11/01/2024 Council Packet Page 3 of 23 Council Packet numbering differs from document page numbering Shady Cove City Council Minutes Thursday, October 17, 2024 Page 2 of 6 C. Committee Rules General Draft R3. Nancy Martin is now the Vice Chair and Natalie Swendener is now the secretary. SC-EMC Workshop Monday 10/21 6-8 pm Shady Cove Library. SC-EMC Workshop Monday 10/28 6-8 pm Shady Cove Library. * *This meeting is tentative and will be confirmed after the 10/21 workshop. Next SC-EMC Monthly meeting, November 4th 6-8pm City Council Chambers. We need 2 more members for the Emergency Management Commission. If you know anyone who might be interested, please encourage them to apply! Recreation and Tourism Commission-Mary Pulcini-On November 6, 2024, at 5:00 PM, we will have a workshop at the Shady Cove Library. Our Fall Contest is underway, and winners will be announced on October 30, 2024, at 5:00 PM at the library. We will also be joining the City Hall staff for the Trunk and Treat event on October 31, 2024, and are looking forward to it. Unfortunately, the fall decorations on the bridge have been vandalized, with individual lights being pulled out, damaging one of the bottom strands. The City Council requested that the lights be replaced, stressing that the actions of a few should not affect the entire community. Planning Commission-John Edwards- Our next meeting on October 24, 2024, and we will be working on the City Camping Ordinance. City Administrator-Michele Parry- Upcoming City Hall Holiday Hours November 11, 2024 Closed for Veterans Day November 28, 2024 Closed for Thanksgiving December 24, 2024 Closed for Christmas January 1, 2025 Closed for New Years Day Recreation and Tourism Staff will be assisting the Recreation and Tourism Department with the Trunk and Treat event on Thursday, October 31, from 3:00 p.m. to 5:00 p.m. This early timing allows participants to attend other community and county events later in the evening. Public Works Surplus Equipment will be going to the Jackson County Sales 11/01/2024 Council Packet Page 4 of 23 Council Packet numbering differs from document page numbering Shady Cove City Council Minutes Thursday, October 3, 2024 Page 3 of 6 Water Revising the Business Oregon Water grant in collaboration with RH2 Requested two contracts from Caselle for FY2022-2023 to complete year end general ledger tasks, pre-audit, tasks for the general ledger, payroll, cash receipting, accounts receivable, and utility management, printing out a working trial balance for the auditors, preparing a detail ledger for the entire year, preparing a financial statement for the last month of the year for the auditor, backing up the general ledger and closing the year FY2023-2024 same as above Working with City Attorney Professional Services Agreement for City Administrator Assistant/Recorder Contacting Jackson County Flood Plain manager Ted Zook to have someone assigned to Shady Cove Open Items Spectrum Permitting Right of way Updating Encroachment form/application Resubmitting Ordinances 306 and 307, checking on procedure with the City attorney and DLCD. 11. New Business A. OLCC License, Shady Cove Smoke & Grocery, 21907 HWY 62, Change of Ownership Motion to accept the OLCC License, to Kausha Patel, for proposed trade name: Shady Cove Smoke & Grocery at 21907 HWY 62 in Shady Cove. This is a change of ownership retail off-premises sales. Motion: Councilor Nuckles Second: Councilor Mitchell Motion Carried: 3-0 B. Emergency Management Commission, Emergency Levels for Incident Command System (ICS). Discussion ensued. Motion to table the Emergency Management Commission documents to the next City Council meeting on November 7, 2024. Motion: Councilor Mitchell Second: Councilor Nuckles Motion Carried: 3-0 11/01/2024 Council Packet Page 5 of 23 Council Packet numbering differs from document page numbering Shady Cove City Council Minutes Thursday, October 17, 2024 Page 4 of 6 C. Q1 Budget to Actual Report. The Council would like to a profit and loss document with highlight if there are any concerns during the quarter. When reviewing the revenue aspect, we receive payments from Jackson County for our property taxes. There is a good focus on the larger picture and the significant items we receive. This provides a clear view of where we stand, and the transparency it offers is a good first step for the City. Council requested staff to create a meeting for the budget committee to meet and go over quarterly budget to actual spending. D. RESOLUTION 24-11 A RESOLUTION TO DESIGNATE CITY PROPERTY AS SURPLUS AND AUTHORIZE ITS SALE OR LAWFUL DISPOSAL. Motion that the City of Shady Cove adopt RESOLUTION 24-11 A RESOLUTION TO DESIGNATE CITY PROPERTY AS SURPLUS AND AUTHORIZE ITS SALE OR LAWFUL DISPOSAL, which would include a 1987 GMC 5-yard truck and one (1) John Deere Backhoe Loader. Motion: Councilor Mitchell Second: Councilor Nuckles Motion Carried: 3-0 Discussion about the Ford Explorer and looking into getting it detailed to remove the interior cigarette smoke and sanitize the air. 12. Old Business A. NW Natural/Hiland Water-Status The Mayor had a conference call with NW Natural's President, Mr. Coleman, Silas from Hiland, and state representative Emily McIntire. The meeting concluded with the Mayor requesting NW Natural present their plans for continuing operations in Shady Cove, including proposals for the water system and outlining emergency protocols. These matters must be addressed before the City Council will consider signing any land use or franchise agreements. B. STR and Fencing Ordinance-Status The City wants to ensure that proper procedures are followed and that notifications are sent to every household. We are reaching out to the appropriate individuals and authorities to determine exactly what needs to be done this time to ensure everything is done correctly. Discussion ensued. C. Grant Easement for the property being purchased by the City. There are issues about water and the goal that the City wants to take ownership free and clear of any entanglements. It may require an extension for the close of escrow. The City will be relying on our agent to negotiate with the sellers agent to deal with 11/01/2024 Council Packet Page 6 of 23 Council Packet numbering differs from document page numbering Shady Cove City Council Minutes Thursday, October 3, 2024 Page 5 of 6 the easement aspect and doing our due diligence. D. Flower Baskets-Action Motion to continue the flower basket program for the same price as we are paying this year: 30 baskets for a total cost of $13,500. Motion: Councilor Nuckles Second: Councilor Mitchell Motion Carried: 3-0 13. Written Comments on items not on the agenda 14. Council comments and Liaison report Councilor Mitchell- Thank you for coming. I have worked in government for a long time, and I always focus on how government operates financially. That is why I was glad to see this quarterly statement with all the detailed breakdowns. It helps me see both the revenue and expenditures clearly. However, I want to point out that we all know our tax base in Shady Cove is quite low—around 54 cents ($0.54) per whatever unit we're measuring. At some point soon, I believe we need to have a serious discussion about the City’s operations. From my experience, many things tend to fall through the cracks, and I would like to avoid that. I hope the City can grow, even in terms of staffing levels, because we cannot rely on grants for everything. I would suggest we consider holding a workshop to discuss how we can formalize a plan and educate residents on the City’s needs. Speaking from my perspective, as someone who has done code enforcement in every City I’ve worked in, I believe having a good Code Enforcement Officer is crucial. There are many unresolved issues in our community that aren’t being followed up on, and I know from experience that an active system can address this. If people can’t take care of these issues themselves, the City becomes obligated to step in. Afterward, we can bill them, and if they don’t pay, we can seek Council approval to place a tax lien on their property. This way, the City can be reimbursed when the property tax is paid. I've used this mechanism for nearly 30 years in code enforcement, and it works. I’d like us to consider this approach, as we can’t rely on grants forever. It’s important to explore more sustainable income sources for the city. I’m putting this out there for future discussion and consideration. Thank you. Councilor Nuckles- Everyone should be receiving their voting ballots in the mail soon, so make sure to vote. Turnout, especially in Shady Cove, tends to be low. So, if you're talking to friends or neighbors, encourage them to vote as well. If you want things done a certain way, the choice is yours—by casting your ballot for the candidates you want to represent you and the measures you want to support. It does not take long, and I believe you don’t even need a stamp to send it in. Please vote and thank you for coming. Mayor Ball- A few things I want to mention, voting is important—it's our duty as citizens. I’ve said this many times, and I’ll keep saying it. My senior year government teacher always said, "If you don’t vote, you can’t complain." He was absolutely right. In fact, during my senior year of high school, we had a mock election. Those who didn’t vote weren’t allowed to participate in the 11/01/2024 Council Packet Page 7 of 23 Council Packet numbering differs from document page numbering Shady Cove City Council Minutes Thursday, October 17, 2024 Page 6 of 6 discussion afterward, and that was a real eye-opener for many of us. Voting is a choice, but if you don’t exercise it, you lose your voice in the conversation. Even though some positions may be uncontested, it’s still important to vote on the measures and for those who will represent us. There are county initiatives and other important matters on the ballot as well. Please take the time to fill out your ballot and submit it. Another announcement: every year, we participate in the Mayors United dinner. Some of you have joined me at this event in the past. This year, while I was out of town, Council President Knuckles attended on behalf of the city and had a wonderful evening. They raised over $170,000 for Access, which is used for immediate support of local food banks. Access doesn’t rely on grants for this; they use their own funds, and the money raised at this dinner supports their efforts. This year marked the 15th anniversary of the event, and the city received a plaque in recognition of our continued support. I’ll make sure it gets displayed with our other plaques. Thank you to those who helped make this possible. Lastly, if you are free tomorrow night, Max Diner is hosting their first annual Oktoberfest. Heather, the new owner, is of German descent and is really excited about this event. I’ll be tapping the first keg around 5 PM—hopefully, I won’t get too much beer on myself! It’s a traditional wooden keg, just like at Oktoberfest in Germany. There will be German music, bratwurst, and even wiener dog races. I encourage everyone to come out and support our local businesses. Heather asked me to wear lederhosen, but I had to draw the line there! I may wear the traditional hat, but no lederhosen for me. Thank you all for your support, and I hope to see you at Oktoberfest! 15. Adjournment There being no further business before the Council, Mayor Ball adjourned the meeting at 7:27 PM. Approved Attest ______________________________ ____________________________ Mayor Ball Michele Parry, City Administrator Council Vote: Mayor Ball Councilor Nuckles Councilor Winfrey Councilor Mitchell 11/01/2024 Council Packet Page 8 of 23 Council Packet numbering differs from document page numbering City of Shady Cove Paid Invoice Report Page: 1 Check issue dates: 10/12/2024 - 10/31/2024 Nov 01, 2024 09:04AM Report Criteria: Detail report type printed Vendor Invoice Invoice Invoice Discount Check Check Check Number Name Number Description Seq Date Amount Amount Amount Number Issue Date 13 Avista Corporation 4941620000 Natural Gas 10/2024 1 10/22/2024 39.69 .00 39.69 935 10/30/2024 Total 13: 39.69 .00 39.69 24 Canon Financial Services, I 35615838 Contract charge 10/01/202 1 10/12/2024 203.82 .00 203.82 51418 10/16/2024 Total 24: 203.82 .00 203.82 32 CIS Trust PO-SHC-L20 Property/Liability 2024-202 1 06/29/2024 30,801.70 .00 30,801.70 51429 10/30/2024 Total 32: 30,801.70 .00 30,801.70 43 Christian, David 09232024 Radio 09/23/2024 -09/27/2 1 10/05/2024 90.00 .00 90.00 51419 10/16/2024 09232024 Radio 09/30/2024 -10/04/2 2 10/05/2024 90.00 .00 90.00 51419 10/16/2024 101824 Radio 10/14/2024 -10/18/2 1 10/18/2024 90.00 .00 90.00 51428 10/30/2024 101824 Radio 10/07/2024 -10/11/2 2 10/18/2024 90.00 .00 90.00 51428 10/30/2024 10212024 Radio 10/21/2024 -10/25/2 1 10/29/2024 90.00 .00 90.00 51428 10/30/2024 Total 43: 450.00 .00 450.00 54 Fiserv Solutions, Inc. 2483169 SC-Utility bills 11/4/2022 10 1 09/20/2024 666.26 .00 666.26 51431 10/30/2024 2483169 SC-Utility bills 03/23/2022 2 09/20/2024 604.84 .00 604.84 51431 10/30/2024 2483169 SC-Utility Bills 3/20/2023 2 3 09/20/2024 816.42 .00 816.42 51431 10/30/2024 Total 54: 2,087.52 .00 2,087.52 61 Hornecker Cowling, LLP 140679 File 32076-001 MSB 1 10/21/2024 1,800.00 .00 1,800.00 51432 10/30/2024 Total 61: 1,800.00 .00 1,800.00 114 Pacific Power 3284764100 Aunt Carolines Park 1 10/23/2024 62.05 .00 62.05 51434 10/30/2024 Total 114: 62.05 .00 62.05 122 Pitney Bowes Purchase Po 8000909000 Postage Refill 1 09/15/2024 544.20 .00 544.20 931 10/15/2024 Total 122: 544.20 .00 544.20 123 Pitney Bowes, Inc. 1025969971 Red Ink Cartridge DM100I 1 08/29/2024 91.29 .00 91.29 932 10/15/2024 Total 123: 91.29 .00 91.29 139 Shady Cove Hardware, LL 448245 Fasteners, fuse, drainmax 1 03/01/2024 158.43 .00 .00 51424 10/16/2024 448245 Fasteners, fuse, drainmax 2 03/01/2024 158.43- 450651 parks - pain brushes, key, f 1 09/30/2024 23.27 .00 .00 51424 10/16/2024 450651 Street materials, snap knife 2 09/30/2024 7.99 .00 .00 51424 10/16/2024 450651 parks - pain brushes, key, f 3 09/30/2024 23.27- 450651 Street materials, snap knife 4 09/30/2024 7.99- 450651,4507 parks - pain brushes, key, f 1 09/30/2024 23.27 .00 23.27 51427 10/17/2024 450651,4507 Street materials, snap knife 2 09/30/2024 7.99 .00 7.99 51427 10/17/2024 Total 139: 31.26 .00 31.26 148 SOREDI 102024 Annual membership 1 10/29/2024 1,145.89 .00 1,145.89 51436 10/30/2024 11/01/2024 Council Packet Page 9 of 23 Council Packet numbering differs from document page numbering City of Shady Cove Paid Invoice Report Page: 2 Check issue dates: 10/12/2024 - 10/31/2024 Nov 01, 2024 09:04AM Vendor Invoice Invoice Invoice Discount Check Check Check Number Name Number Description Seq Date Amount Amount Amount Number Issue Date Total 148: 1,145.89 .00 1,145.89 151 Southern Oregon Sanitatio 0100880541 22451 Hwy 62 1 10/25/2024 47.49 .00 47.49 51437 10/30/2024 0100880541 1008 Celtic Circle 2 10/25/2024 47.49 .00 47.49 51437 10/30/2024 0100880541 2501 Indian Cr Rd 3 10/25/2024 69.08 .00 69.08 51437 10/30/2024 Total 151: 164.06 .00 164.06 221 Hunter Communications 722976 phone/internet 1 10/07/2024 701.76 .00 701.76 51423 10/16/2024 Total 221: 701.76 .00 701.76 257 AT&T Mobility 2872860888 Cell phones 1 10/05/2024 388.59 .00 388.59 51417 10/16/2024 Total 257: 388.59 .00 388.59 258 WECO - Carson CP-0028427 Gas/Diesel 10/2024 1 10/16/2024 171.50 .00 171.50 936 10/30/2024 Total 258: 171.50 .00 171.50 260 Philadelphia Insurance Co 2007390054 acct 83452993 11/1/2024-2 1 10/11/2024 1,403.00 .00 1,403.00 934 10/22/2024 Total 260: 1,403.00 .00 1,403.00 262 US Bank St. Paul 7373054 04200 Trustee, Subtotal Ad 1 06/25/2024 800.00 .00 800.00 51426 10/16/2024 Total 262: 800.00 .00 800.00 286 City of Shady Cove - Utilitie 09302024 1008 Celtic Circle 1 09/30/2024 51.50 .00 51.50 51420 10/16/2024 09302024 2501 Indian Creek Rd 2 09/30/2024 51.50 .00 51.50 51420 10/16/2024 09302024 22451 Hwy 62 3 09/30/2024 51.50 .00 51.50 51420 10/16/2024 Total 286: 154.50 .00 154.50 303 The Fishin Hole Fly Shop & 10072024 sandwiches for Mayor conf 1 10/07/2024 401.20 .00 401.20 51425 10/16/2024 Total 303: 401.20 .00 401.20 430020 Confident Staffing, Inc. 50551 P. Lybarger seasonal work 1 10/06/2024 486.96 .00 486.96 51421 10/16/2024 50571 P. Lybarger seasonal work 1 10/13/2024 486.96 .00 486.96 51421 10/16/2024 50591 P. Lybarger seasonal work 1 10/20/2024 486.96 .00 486.96 51430 10/30/2024 50611 P. Lybarger seasonal work 1 10/27/2024 486.96 .00 486.96 51430 10/30/2024 Total 430020: 1,947.84 .00 1,947.84 430032 JP Morgan Chase 11062024 apple.com 1 10/12/2024 3.98 .00 3.98 51433 10/30/2024 11062024 United States Flag-8 Ameri 2 10/12/2024 628.49 .00 628.49 51433 10/30/2024 11062024 amazon-soap dispenser for 3 10/12/2024 41.95 .00 41.95 51433 10/30/2024 11062024 75 inch tv City Hall 4 10/12/2024 747.99 .00 747.99 51433 10/30/2024 11062024 Monitor stand, organizer, s 5 10/12/2024 69.93 .00 69.93 51433 10/30/2024 11062024 Staples office supplies 6 10/12/2024 165.00 .00 165.00 51433 10/30/2024 11062024 office supplies, paint,paint 7 10/12/2024 1,114.41 .00 1,114.41 51433 10/30/2024 Total 430032: 2,771.75 .00 2,771.75 430076 Three Dimensional Contrac 233428 SCA N Cleveland project 1 09/26/2024 46,916.28 .00 .00 51438 10/30/2024 11/01/2024 Council Packet Page 10 of 23 Council Packet numbering differs from document page numbering City of Shady Cove Paid Invoice Report Page: 3 Check issue dates: 10/12/2024 - 10/31/2024 Nov 01, 2024 09:04AM Vendor Invoice Invoice Invoice Discount Check Check Check Number Name Number Description Seq Date Amount Amount Amount Number Issue Date 233428 SCA N Cleveland project 2 09/26/2024 46,916.28- 233428 2 SCA N Cleveland project 1 09/26/2024 226,916.28 .00 226,916.28 51439 10/31/2024 Total 430076: 226,916.28 .00 226,916.28 430110 Hukill's Inc. P44170 333 Penny Lane,hydro vac 1 10/07/2024 684.00 .00 684.00 51422 10/16/2024 Total 430110: 684.00 .00 684.00 430124 Rogue Carpet & Cleaning 10112024 Carpet cleaning 1 10/11/2024 275.00 .00 275.00 51435 10/30/2024 Total 430124: 275.00 .00 275.00 Grand Totals: 274,036.90 .00 274,036.90 Report Criteria: Detail report type printed 11/01/2024 Council Packet Page 11 of 23 Council Packet numbering differs from document page numbering  City of Shady Cove RESOLUTION 24-12 A RESOLUTION OF THE CITY OF SHADY COVE, OREGON, AUTHORIZING SPECTRUM TO CONSTRUCT AND LAY BROADBAND FIBER WITHIN CITY LIMITS AND ESTABLISHING PERMIT REQUIREMENTS, FEES, AND ADDITIONAL BILLING RATES WHEREAS, the City of Shady Cove recognizes the need to expand and enhance broadband infrastructure within city limits to improve internet access for residents and businesses; and WHEREAS, Spectrum has proposed to construct and lay broadband fiber in designated zones within the City of Shady Cove, beginning with Zone 1; and WHEREAS, the City of Shady Cove desires to ensure that all construction activities are completed safely, with minimal disruption to traffic, and with proper restoration of streets and public areas following construction; and WHEREAS, the City will require Spectrum to obtain encroachment permits for each zone to ensure compliance with city planning, public works, and traffic control requirements; and WHEREAS, the City of Shady Cove has established additional hourly billing rates to cover costs related to city staff and commission oversight during the construction process; WHEREAS the City of Shady Cove is in the process of defining/adopting a Right-Of-Way Ordinance; NOW, THEREFORE, BE IT RESOLVED by the City Council of Shady Cove, Oregon: Encroachment Permit Requirements: a.) Spectrum shall be required to obtain a total of five (5) Formatted: Font: Bold permits for the construction and laying of broadband fiber within city limits, corresponding to each designated zone, beginning with Zone 1. b.) The cost for each permit shall be set at $400.00. c.) A permit for the next zone shall only be issued upon satisfactory completion and closure of the previous zone as determined by the City Planning Department and the Public Works Department. d.) Each zone shall require an Encroachment Permit, which must include the following information: 1. Estimated Start Date and Estimated Completion Date. 2. Description of Work to be performed. 3. A Site Plan detailing the scope and location of the work, including details for all planned restoration work. 4. A Traffic Control Plan to ensure safety and minimal disruption to traffic. 11/01/2024 Council Packet Page 12 of 23 Council Packet numbering differs from document page numbering  4.5. Future Maintenance and Removal Clause: In the event that Spectrum ceases operations or is acquired, all visible fiber infrastructure must either be removed or maintained. This measure is to prevent abandoned, non-functional wires from remaining within city limits, as they can become unsightly and create unnecessary clutter in public areas. Formatted: Font: (Default) Calibri A Certificate of Liability Insurance with a combined single limit of no less than $1,000,000 per incident or occurrence and an annual aggregate limit of no less than $2,000,000. Formatted: Indent: Left: 1", No bullets or numbering Work Inspection and Notification: a.) Spectrum shall provide the City Planning Department Formatted: Font: Bold and Public Works Department with a minimum of 24 72 hours' notice before commencing work in any designated zone. b.) Upon completion of work in any permitted zone, Spectrum shall contact the City Planning Department, City Planning Commission, and Public Works Department to request an inspection of the work performed. c.) Final approval of each zone's completion shall be contingent on the satisfactory adherence to traffic control plans, proper street patching, and any necessary street repairs to the satisfaction of the City of Shady Cove. Traffic Control and Restoration: a.) All work shall be conducted in accordance with the Formatted: Font: Bold approved traffic control plan to ensure the safety of the public and the least possible disruption to vehicular and pedestrian traffic. b.) Streets and public areas affected by Spectrum’s work shall be restored to their original condition, or better, as determined by the City Planning Department and Public Works Department. 2. Additional Fee Structure: a.) In addition to the $400.00 permit fee per zone, Spectrum Formatted: Normal, No bullets or numbering shall be subject to the following hourly billing rates for city oversight services: 1. Public Works: $75.00 per hour. Formatted: Font: +Body (Aptos) Planning Technician: $50.00 per hour. Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 2. 0.75" + Indent at: 1" 3. Planning Commission: $44.00 per hour. Formatted: Font: +Body (Aptos) 4. Legal: Cost as billed to the City of Shady Cove. Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: b.) These rates shall apply to any time spent by city personnel reviewing, inspecting, or 0.75" + Indent at: 1" managing the broadband fiber installation project. All billable services will be disclosed to Formatted: Font: Bold Spectrum as they are incurred. Formatted: Font: (Default) Calibri Temporary Right-of-Way Provisions: The provisions defined in Annex A to this Resolution will Formatted: Font: (Default) Calibri, Not Bold apply until such time as the City of Shady Cove adopts a Right-of-Way Ordinance. Formatted: Font: (Default) Calibri Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption by the Formatted: Font: +Body (Aptos), Bold City Council. Formatted: Font: +Body (Aptos) Formatted: Font: +Body (Aptos) 11/01/2024 Council Packet Page 13 of 23 Council Packet numbering differs from document page numbering Adopted by the City Council of the City of Shady Cove, Oregon this 7th day of November 2024. Approved: Attest: ___________________________ _________________________ Mayor Ball Michele Parry, City Administrator Council Vote: Mayor Ball Councilor Winfrey Councilor Nuckles Councilor Mitchell 11/01/2024 Council Packet Page 14 of 23 Council Packet numbering differs from document page numbering ANNEX A TO RESOLUTION 24-12: Right-of-Way Provisions Formatted: Font: Bold Construction and Restoration. Formatted: Font: Bold Formatted: Indent: Left: 0.5" A. Utility facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations, including the National Electrical Code and the National Electrical Safety Code and shall comply with the encroachment provisions set forth in the Shady Cove Municipal Code. No person shall construct, install, or perform any work on utility facilities within the rights-of-way without first obtaining all required permits in accordance with Municipal Code. The City shall not issue a permit for the construction, installation, maintenance or repair of utility facilities unless the utility operator of the facilities has applied for and received the license required by this Chapter, or has a current franchise with the City, and all applicable fees have been paid. In the event that an emergency impacts public health or safety or an unplanned interruption in utility service requires repairs, the utility operator shall immediately notify the City of the need for such repair. The utility operator may immediately initiate such immediate repairs and shall apply for appropriate permits within three business days following discovery of the emergency. B. Unless otherwise provided in a franchise agreement or as set forth in subparagraph 3 below, a performance bond or other form of surety acceptable to the City equal to at least 100% of the estimated cost of the work within the right of way of the City shall be provided before construction is commenced. 1. The performance bond or other form of surety acceptable to the City shall remain in force until 60 days after substantial completion of the work, as determined in writing by the City, including restoration of rights of way and other property affected by the construction. 11/01/2024 Council Packet Page 15 of 23 Council Packet numbering differs from document page numbering  2. The performance bond or other form of surety acceptable to the City shall guarantee, to the satisfaction of the City: (a) Timely completion of the work; (b) That the work is performed in compliance with applicable plans, permits, technical codes and standards; (c) Proper location of the facilities as specified by the City; (d) Restoration of the rights of way and other property affected by the work; and (e) Timely payment and satisfaction of all claims, demands or liens for labor, material, or services provided in connection with the work. 3. In the event the City determines that measures are required to repair Formatted: Don't add space between paragraphs of the rights-of-way as a result of work performed by a contractor on the same style, Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned behalf of a utility operator, the utility operator shall take necessary at: 1.24" + Indent at: 1.74" corrective measures on behalf of the independent contractor and satisfactory to the City, within 60 days following notice from the City, except in situations corrective measures are in order to protect public health or safety, in which case corrective measures will be made immediately following notice from the City. In the event of inadequate performance, the City shall notify the utility in writing describing the inadequate performance and specifying a date certain (not less than 30 days) by which the inadequate performance will be remedied to the City’s satisfaction or a bond or other form of surety described in Section B shall be provided. 11/01/2024 Council Packet Page 16 of 23 Council Packet numbering differs from document page numbering  C. A utility operator shall preserve and protect from injury other utility operators’ facilities in the rights-of-way, the public using the rights-of-way and any adjoining property, and take other necessary measures to protect life and property, including but not limited to buildings, walls, fences, trees or utilities that may be subject to damage from the permitted work. A utility operator shall be responsible for all damage to public or private property resulting from its failure to properly protect people and property and to carry out the work. D. Inspection. Every utility operator’s facilities shall be subject to the right of periodic inspection and testing by the City to determine compliance with the provisions of this Chapter and all other applicable state and City codes, ordinances, rules and regulations. Every utility operator shall cooperate with the City in permitting the inspection of utility facilities upon request of the City. E. Coordination of Construction. All utility operators are required to make a good faith effort to both cooperate with and coordinate their construction schedules with those of the City and other users of the rights of way. 1. Prior to January 1 of each year, utility operators shall provide the City with a schedule of known proposed large capital construction and/or facility maintenance for that year in, around or that may affect the rights-of-way. 2. Utility operators shall meet with the City annually, or as determined by the City, to schedule and coordinate construction in rights-of- way to minimize public inconvenience or disruption. 3. All construction locations, activities and schedules within rights-of- way shall be coordinated as ordered by the City Administrator or designee, to minimize public inconvenience, disruption, or damages. Location of Facilities Formatted: Font: Bold Formatted: Indent: Left: 0.5" A. Location of Facilities. Unless otherwise agreed to in writing by the City, whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a right of way of the City, any other utility operator with permission to occupy the same right of way shall locate its facilities underground. This requirement shall not apply to: 1. Facilities used for transmission of electric energy at nominal voltages in excess of 35,000 volts; 11/01/2024 Council Packet Page 17 of 23 Council Packet numbering differs from document page numbering  2. or to pedestals, cabinets or other above-ground equipment; and 3. to other new facilities provided that the City grants prior written approval for overhead placement. The City reserves the right to require written approval of the location of any such above-ground equipment. B. Interference with rights of way. No utility operator or other person may locate or maintain its facilities so as to unreasonably interfere with the use of the rights of way by the City, by the general public or by other persons authorized to use or be present in or upon the rights of way. All use of the rights of way shall be consistent with City codes, ordinances and regulations. C. Relocation of Utility Facilities. 1. A utility operator shall, at no cost to the City, relocate its aerial utility facilities underground when requested to do so in writing by the City, consistent with applicable state and federal laws, regulations and tariffs. 2. A utility operator shall, at no cost to the City, temporarily or permanently remove, relocate, change or alter the position of any utility facility within a right of way when requested to do so in writing by the City. Nothing herein shall be deemed to preclude the utility operator from requiring or requesting reimbursement or compensation from a third party, pursuant to applicable laws, regulations, tariffs, and agreements, or otherwise provided that such reimbursement or compensation shall not delay the utility operator’s obligation to comply with this section in a timely manner. 3. Except in the case of an emergency impacting public health or safety or an unplanned interruption of Utility Service, the City shall provide at least 120 days prior written notice of the amount of time for removal, relocation, change, alteration or undergrounding. If a utility operator fails to remove, relocate, alter or underground any utility facility as requested by the City and by the date established by the City, the City may cause the utility facility to be removed, relocated, altered or undergrounded at the utility operator’s sole expense. Upon receipt of a detailed invoice from the City, the utility operator shall reimburse the City for the costs the City incurred within 120 days. 11/01/2024 Council Packet Page 18 of 23 Council Packet numbering differs from document page numbering  D. Removal of Unauthorized Facilities. 1. Except in the case of an emergency impacting public health or safety or an unplanned interruption of Utility Service and unless otherwise agreed to in writing by the City Administrator or designee, within 120 days following written notice from the City, a utility operator and any other person that owns, controls, or maintains any abandoned or unauthorized utility facility within a right of way shall, at its own expense, remove the facility and restore the right of way. 2. A utility system or facility is unauthorized under any of the following circumstances: (a) The utility facility is outside the scope of authority granted by the City under the license, franchise or other written agreement. This includes facilities that were never licensed or franchised and facilities that were once licensed or franchised but for which the license or franchise has expired or been terminated. This does not include any facility for which the City has provided written authorization for abandonment in place. (b) The facility has been abandoned and the City has not been provided prior written notice of such abandonment in place. A facility is abandoned if it is not in use and is not planned for further use. A facility will be presumed abandoned if it is not used for a period of 15 months. A utility operator may overcome this presumption by presenting plans for future use of the facility. (c) The utility facility is improperly constructed or installed or is in a location not permitted by the license, franchise or this Chapter. (d) The utility operator is in violation of a material provision of this Chapter and fails to cure such violation within 30 days of the City sending written notice of such violation, unless the City extends such time period in writing. 11/01/2024 Council Packet Page 19 of 23 Council Packet numbering differs from document page numbering  E. Removal by City. 1. The City retains the right and privilege to cut or move the facilities of any utility operator or similar entity located within the public rights of way of the City, without notice, as the City may determine to be necessary, appropriate or useful in response to a public health or safety emergency. 2. If the utility operator fails to remove any facility when required to do so under this Chapter, the City may remove the facility using qualified personnel or contractors consistent with applicable state and federal safety laws and regulations and the utility operator shall be responsible for paying the full cost of the removal and any administrative costs incurred by the City in removing the facility and obtaining reimbursement. Upon receipt of a detailed invoice from the City, the utility operator shall reimburse the City for the costs the City incurred within 30 days. The obligation to remove shall survive the termination of the license or franchise. 3. The City shall not be liable to any utility operator for any damage to utility facilities by the City or its contractor in removing, relocating or altering the facilities pursuant to paragraphs (B), (C) or (D) of this Section 4.18.080 or undergrounding its facilities as required by paragraph (A) of this Section 4.18.080, or resulting from the utility operator’s failure to remove, relocate, alter or underground its facilities as required by those paragraphs. F. As Built Drawings. The utility operator shall provide the City with two updated complete sets of as built plans annually, upon request of the City. Formatted: Font: Not Bold, Font color: Auto Formatted: Left, Space After: 8 pt, Line spacing: Multiple 1.16 li Formatted: Font: Not Bold, Font color: Auto Formatted: Left, Space After: 8 pt, Line spacing: Multiple 1.16 li, Tab stops: 2.82", Left City of Shady Cove 9 Resolution 24-12 Spectrum 11/01/2024 Council Packet Page 20 of 23 Council Packet numbering differs from document page numbering  Amendment Number 01 Project Name: Development of the City Drinking Water System This amendment is made and entered into by and between the State of Oregon, acting by and through its Oregon Business Development Department (“OBDD”), and the City of Shady Cove (“Recipient”), and amends the Grant Contract between Recipient and OBDD, Project Number C2024465, dated 07 August 2024, (“Contract”) for the above-named Project. Capitalized terms not defined in this amendment have the meanings assigned to them by the Contract. Recital: The purpose of this amendment is to update the Project Description and Project Budget. The parties agree as follows: 1. Delete Exhibit B - Project Description and replace it with the following new Project Description: EXHIBIT B - PROJECT DESCRIPTION Recipient shall use the Grant for the development of the city drinking water system. The Project will be located along Highway 62 between Cleveland Street and Schoolhouse Lane, and will include water rights land acquisition from Lost Creek Reservoir. The Project will include, but is not limited to, the following: Recipient will procure a licensed engineer in accordance with Oregon procurement law to design the water system improvements. Once design is complete and necessary permits are obtained, Recipient will procure a licensed contractor to construct the following water system infrastructure: • Phase 1: Water main to connect Recipient’s Library, Community Center, School and City Hall: o Approximately 950 linear feet of 12” ductile iron water main along Highway 62 between Cleveland St. and Schoolhouse Lane o Five (5) water meters o Approximately 1,040 linear feet of 2” water connection piping o Two (2) fire hydrants • Water rights acquisition from Lost Creek Reservoir: o Acquire approximately 150 acres Amendment Number 01 C2024465_A01_ShadyCove_Amend.docx Page 1 of 3 11/01/2024 Council Packet Page 21 of 23 Council Packet numbering differs from document page numbering 2. Delete Exhibit C - Project Budget and replace it with the following new Exhibit C: EXHIBIT C - PROJECT BUDGET OBDD Funds Other / Matching Funds Activity Approved Budget Estimated Budget Design/Engineering $559,700 $0 Construction and Water Rights $640,300 $0 Construction Contingency $150,000 $0 Legal Fees $100,000 $0 Permitting and Regulatory Fees $50,000 $0 Total $1,500,000 $0 OBDD will have no obligation under this amendment, unless within 60 days after receipt, the Recipient delivers to OBDD the following items, each in form and substance satisfactory to OBDD and its Counsel: (i) this amendment duly executed by an authorized officer of the Recipient; and (ii) such other certificates, documents, opinions and information as OBDD may reasonably require. SIGNATURES TO FOLLOW BELOW Amendment Number 01 C2024465_A01_ShadyCove_Amend.docx Page 2 of 3 11/01/2024 Council Packet Page 22 of 23 Council Packet numbering differs from document page numbering Except as specifically provided above, this amendment does not modify the Contract, and the Contract shall remain in full force and effect during the term thereof. This amendment is effective on the date it is fully executed and approved as required by applicable law. STATE OF OREGON CITY OF SHADY COVE acting by and through its Oregon Business Development Department By: By: Edward Tabor, Infrastructure and Program The Honorable Jon Ball, Mayor Services Director Date: Date: APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047: /s/ David Berryman as per email dated 31 October 2024 David Berryman, Assistant Attorney General Amendment Number 01 C2024465_A01_ShadyCove_Amend.docx Page 3 of 3 11/01/2024 Council Packet Page 23 of 23 Council Packet numbering differs from document page numbering