June 2, 2014 Council Packet
Transcription
June 2, 2014 Council Packet
C I T Y O F S I L V E R T O N CITY COUNCIL AGENDA Silverton Community Center – Council Chambers – 421 South Water St. The Silverton Community Center – Council Chambers is handicapped- accessible. Please contact Lisa Figueroa at 503-874-2216 by 5:00 p.m. on the business day prior to the meeting date if you will need special accommodation to attend the meeting. A copy of the packet and materials, including Ordinances and Resolutions, are available for review Monday through Friday 8:00 am to 5:00 pm in the City Manager’s Office at the Silverton City Hall, located at 306 South Water Street. All documents will be available on our website at www.silverton.or.us. MONDAY, June 2, 2014, 5:30 PM EXECUTIVE SESSION The Silverton City Council will go into Executive Session under the provisions of ORS 192.660(2)(d). All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. MONDAY, June 2, 2014, 7:00 PM REGULAR MEETING AGENDA ITEMS I. NOTES OPENING CEREMONIES: Call to Order, Pledge of Allegiance & Roll Call Stu Rasmussen – Mayor Scott Walker – Councilor Bill Cummins– Councilor Ken Hector – Councilor Jason Freilinger - Councilor Laurie Carter- Councilor Randal Thomas - Councilor II. APPROVAL OF MINUTES - Approval of minutes from the Regular Meeting held May 5, 2014. III. OATHS OF OFFICE/PUBLIC RECOGNITION – None Scheduled IV. PUBLIC COMMENT – Items not on this Agenda V. SCHEDULED PRESENTATIONS – None Scheduled 5.1 Chamber of Commerce Annual Report VI. PUBLIC HEARING 6.1 Resolution No. 14-25 – Adopting a Supplemental Budget For The Building Operations Fund And The Electrical Inspection Fund Summary: During the current fiscal year the City has experienced an increase in the amount of permits being issued by the Electrical Inspection Fund and the Building Operations Fund, which increased expenses related to contract services for inspections. This Supplemental Budget is an estimate of additional revenues expected and the 1 additional expenses that will be incurred to continue inspection services for the fiscal year 2013-2014. Recommendation: Staff recommends a motion to adopt Resolution No. 14-25 a Supplemental Budget Resolution. VII. CONSENT AGENDA 7.1 Approval Of Councilor Attendance To Roth’s “Oregon Is Home” Luncheon Summary: A Ticket to attend the Roth’s “Oregon Is Home” Luncheon was purchased for Councilor Walker and needs approval by the Council. Recommendation: Staff makes no recommendation regarding this agenda item. 7.2 Fee Waiver Request – Homer Davenport Community Festival/Strawberry Festival Summary: The Homer Davenport Committee Festival has requested waivers of park use fees to use Coolidge-McClaine Park for two 2014 events; the Strawberry Festival, June 15 and the Homer Davenport Community Festival, scheduled for the first weekend in August. Recommendation: Staff makes no recommendation regarding this agenda item. 7.3 Renewal of YMCA Pool Services Agreement Summary: For several years, the City has operated the pool and provided park & recreation programs by entering into two contracts with the Family YMCA of Marion & Polk Counties. Each contract will expire on June 30, 2014. Recommendation: Staff recommends a motion to authorize the City Manager to sign the contract renewal with the YMCA for operating the swimming pool. 7.4 Renewal of YMCA Program Services Agreement Summary: For several years, the City has operated the pool and provided park & recreation programs by entering into two contracts with the Family YMCA of Marion & Polk Counties. Each contract will expire on June 30, 2014. Recommendation: Staff recommends a motion to authorize the City Manager to sign the contract renewal with the YMCA for providing program services. 7.5 Liquor License Application – The Gathering Spot Summary: A liquor license application for full on-premises sales has been submitted by The Gathering Spot, a pre-existing restaurant and espresso bar, which is located at 106 N. First St. Silverton. Recommendation: Staff recommends a motion as to whether or not to recommend approval or denial of the application to the Oregon Liquor Control Commission. The final decision rests with OLCC. 7.6 Resolution No. 14-28 – Transfer Resolution For Computer Services Summary: The City has experienced an increase in the need for IT services from the City of Woodburn due to the recent phone system install and the upcoming new server installation. The resolution transfers $10,000 from Contingency to Contracted Services. 2 Recommendation: Staff recommends a motion to adopt Resolution No. 14-28 to transfer funds due to unforeseen expenditures. VIII. DISCUSSION/ACTION ITEMS 8.1 Grant Awards – Recommendations Silverton Tourism Promotion Committee Grant Summary: In September 2008, City Council established a transient occupancy tax in Silverton. The Committee is responsible for reviewing and rating tourism grant proposals based on a specific set of criteria. The Committee met on April 28th and May 19th to provide the following funding recommendations to Council. Recommendation: Staff recommends a motion to approve the grant recommendations forwarded by the Silverton Tourism Promotion Committee. 8.2 Resolution No. 14-24 – Transfer Resolution – Interim Public Works Director Contract Summary: The transfer resolution will cover the costs of paying for the Interim Public Works Director while the City is in the process of hiring a Public Works Director to fill the current vacant position. Recommendation: Staff recommends a motion to adopt Resolution No. 14-24, A Resolution to transfer funds due to unforeseen circumstances. 8.3 Resolution No. 14-26 - Amend Urban Growth Boundary Amendment And Annexation of 40 Acres Located on Ike Mooney Road Summary: The City Council received testimony at the May 5th City Council Meeting regarding the possible development of a disc golf course on the 40 acre parcel of land under City ownership located along Ike Mooney Road. The parcel is currently outside the City’s Urban Growth Boundary. Recommendation: Staff recommends a motion to adopt Resolution No. 14-26 to initiate an Urban Growth Boundary Amendment. 8.4 Ordinance No. 14-05 – Allowing Display Of Merchandise On Downtown Sidewalks Summary: Silverton Municipal Code Section, 12.28.040 prohibits any display of merchandise for sale on any city street or sidewalk. There are no exceptions and it does not allow the City Manager to consider any exemptions for special events. Staff is seeking direction from Council before pursuing enforcement actions on several downtown businesses that are not in compliance with Section 12.28.040. Recommendation: Motion to have the first reading and pass proposed Ordinance No. 14-05. 8.5 Appointment Of Two Pro Tem Municipal Court Judges Summary: Jan Zyrynoff has been the Municipal Court Judge since 1991. The City contracts for her services through the Marion County Justice Court. She may be changed to full time status with Marion County and may have to resign as Silverton’s judge. If that happens, she has agreed to continue to provide services until a new judge can be appointed. She is recommending that the Council appoint two pro tem judges at this time. 3 Recommendation: Motion to authorize the City Manager to enter into a contract with Lori L. Coukoulis and A. Carl Myers appointing them as pro tem judges for the City of Silverton. 8.6 Resolution No. 14-27 – Authorizing Signatures On City Bank Accounts Summary: The City has experienced a change in Staff and needs to change the authorized bank signers for the City of Silverton. Recommendation: Staff recommends Council adopt a motion to approve Resolution No. 14- 27. IX. APPOINTMENTS TO COMMITEES AND ADVISORY GROUPS – None Scheduled X. COUNCIL DISCUSSION 10.1 City Manager Update 10.2 Council Communications XI. EXECUTIVE SESSION – None Scheduled XII. ADJOURNMENT 4 C I T Y O F S I L V E R T O N CITY COUNCIL MINUTES Silverton Community Center – Council Chambers – 421 South Water St. MONDAY, May 5, 2014, 7:00 PM I. OPENING CEREMONIES: Call to Order, Pledge of Allegiance & Roll Call Mayor Rasmussen called the Meeting to order at 7:03 p.m. and led the Pledge of Allegiance. Present Absent Present Mayor Stu Rasmussen X Jason Freilinger X Council President Bill Cummins X Ken Hector X Laurie Carter X Scott Walker X Randal Thomas X Absent Staff Present: City Manager, Bob Willoughby; Administrative Services Director, Ruth Mattox; Chief of Police, Jeff Fossholm; Community Development Director, Jason Gottgetreu; Public Works Director, Gerald Fisher; Finance Director, Kathleen Zaragoza; and Administrative Assistant/City Clerk Lisa Figueroa. II. APPROVAL OF MINUTES - Approval of minutes from the April 7, 2014 regular meeting. Councilor Carter moved to approve the Minutes from the Meeting held April 7, 2014 as amended. Councilor Cummins seconded the motion and it carried as follows: Aye: Nay: Abstain: Absent: III. Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None OATHS OF OFFICE/PUBLIC RECOGNITION 3.1 Recognition of Joseph Pelletier for Budget Committee Service Mayor Rasmussen thanked Mr. Pelletier for his service to the Budget Committee. IV. PUBLIC COMMENT – Items not on this Agenda Richard Drake, 820 E. Main St.; addressed the Council. He read an excerpt of an article from the Statesman Journal dated April 3, 2014. The article was in reference to Oregon Ethics Commission investigation relating to a violation of Open Meetings Law. He noted that Councilor Hector was mentioned in the article and Mr. Drake said he feels Councilor Hector should resign from his position. May 5, 2014 City of Silverton City Council Minutes Page 1 of 7 Councilor Hector noted that the school district public meeting laws are different from municipal Open Meeting Laws. Pete Rise, 200 Oak; asked the Council not to spend money to conduct the Traffic Study and suggested the City add diagonal parking along Oak St. Kyle Palmer and Glenn Barker represented the Homer Davenport Days and the Strawberry Festival. They requested that the Council waive the fees for the Festivals. Mr. Palmer presented the City with a check to cover the costs for hanging banners for the organization. Gary Fox, 1168 S. Water St.; addressed the Council. He said there is a group that just registered as a disc golf alliance and the group would like to use the 40 acres of land previously donated by Larry Epping for a disc golf course. He said a course can be incorporated with the natural landscaping and can be changed to accommodate any future park plans. Community Development Director Jason Gottgetreu said the land is designated as farm use, and suggested the Council could amend the Urban Growth Boundary and annex the property into the City. Councilor Carter asked if the community group could work to raise some of the funds for the course. Mr. Fox said they could. Councilor Hector asked if the land would need to be designated solely for disc golf once it is installed. Mr. Fox said the land could be used for other purposes. The Council directed Staff to bring back the issue for consideration in June. Judy Schmidt, 1328 S. Water St.; presented the monthly Chamber of Commerce monthly report. She said there were over 7,000 combined online and walk-in visits to the Chamber. She listed new members and upcoming events for the Chamber. She noted the annual golf fundraiser on May 9 and the Silverton Hospital Fun Run on May 10. She said the pet parade would be held on May 17. She noted the forum luncheon this month has been cancelled. She said all the events are listed on the Chamber website under the events calendar. V. SCHEDULED PRESENTATIONS 5.1 Parks and Recreation Task Force Committee Funding Presentation Mr. Palmer presented the recommendation from the Task Force. He summarized the purpose of the Committee and said the Committee met with Luanne Richey, Director of Membership Services from the Special Districts Association. He said that a majority of the Task Force felt there were two options to consider in order assessing long term sustainable funding. He said shortly after that recommendation the Task Force approved another recommendation to the Council, which was to sell the Pettit property. The Council reviewed the information provided. Councilor Thomas said he is not ready to take a vote tonight, and said he thinks it would be prudent to review the recommendation before taking any action. Councilor Carter moved to direct Staff to bring back a resolution to declare the Pettit property surplus and sell it if the Council desires. Councilor Freilinger seconded the motion. The Council discussed the process of declaring the property surplus. After further discussion, the Aye: Nay: Abstain: Absent: Scott Walker Jason Freilinger Stu Rasmussen Laurie Carter Randal Thomas Bill Cummins Ken Hector None None May 5, 2014 City of Silverton City Council Minutes Page 2 of 7 5.2 Annual Report – Republic Services Councilor Hector moved to receive the Annual Report. Councilor Cummins seconded the motion and it carried as follows: Aye: Nay: Abstain: Absent: VI. Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None PUBLIC HEARING Mayor Rasmussen directed the Council to review Agenda Item 6.2 first. 6.2 Formation of East Main Street LID Mayor Rasmussen opened the Public Hearing at 8:28 p.m. Rasmussen closed the Public Hearing at 8:29 p.m. After hearing no comments, Mayor Councilor Hector moved to continue the Public Hearing until 7:00 pm on Monday, July 7, 2014. Councilor Carter seconded the motion and it carried as follows: Aye: Nay: Abstain: Absent: Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None 6.1 Downtown Parking Review Community Development Director Gottgetreu presented the Staff Report. He said he conducted a survey to see whether the parking enforcement program was detrimental, beneficial or neutral, with a comment section. The Council reviewed the information. Councilor Thomas said this may be an opportunity for the Urban Renewal Agency to use some of their funds to resolve some of the issues downtown. Mayor Rasmussen opened the Public Hearing at 8:46 p.m. Jose DeLaRosa, 343 Mill Street; a downtown business owner, thanked the Council for their progress recently regarding downtown parking. He suggested placing four-hour meters near the edge of downtown so that visitors can park there and browse through downtown for longer. Mayor Rasmussen closed the Public Hearing at 8:53 p.m. Councilor Hector moved to accept the downtown parking review with the adjustment of the meters to allow for permitted parking at Town Square Park and bringing back a report to the Council in regards to changing some meters to four-hour time limit. May 5, 2014 City of Silverton City Council Minutes Page 3 of 7 Aye: Nay: Abstain: Absent: Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None VII. CONSENT AGENDA 7.1 Liquor License Application – 3ten Water 7.2 Lease Renewal – Community Center Lease Extension Agreement 7.3 Resolution No. 14-22 - Transfer Resolution for Collective Bargaining 7.4 Resolution No. 14-23 - Transfer Resolution for Building Inspection Services 7.5 Fee Waiver Request – Silverton Arts Association Councilor Hector moved to approve the Consent Agenda which included Agenda Items No. 7.1, 7.2, 7.3, 7.4 and 7.5. Councilor Cummins seconded the motion and it carried as follows: Aye: Nay: Abstain: Absent: Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None VIII. DISCUSSION/ACTION ITEMS 8.1 Ordinance No. 14-04 - Adoption of Public Works Design Standards Councilor Hector moved to have the second reading of Ordinance No. 14-04, Adding New Provisions To Chapter 13.08 Of The Silverton Municipal Code Authorizing The Public Works Director To Adopt, Maintain, Modify And Enforce Public Works Design Standards. Councilor Carter seconded the motion and it carried as follows: Aye: Nay: Abstain: Absent: Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None City Manager Willoughby read Ordinance No. 14-04 by title only. May 5, 2014 City of Silverton City Council Minutes Page 4 of 7 Councilor Hector moved to pass Ordinance No. 14-04, Adding New Provisions To Chapter 13.08 Of The Silverton Municipal Code Authorizing The Public Works Director To Adopt, Maintain, Modify And Enforce Public Works Design Standards on its first reading. Councilor Carter seconded the motion. Interim Public Works Director Tim Gerling said the standards would allow an applicant go to the City and not to the state level. He said the Council would be approving the standards. Following discussion, the motion carried as follows: Aye: Nay: Abstain: Absent: Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None 8.2 Approval of Oregon Garden Foundation 2013 Annual Report Councilor Thomas presented the Staff Report. Councilor Thomas moved to approve the 2013 Annual Report as presented. Councilor Carter seconded the motion and it carried as follows: Aye: Nay: Abstain: Absent: Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None 8.3 Consider Revisions to Council Protocol City Manager Willoughby presented the Staff report. He said this would restrict other matters coming up during a meeting, with exceptions to emergency. The Council discussed the topic. Councilor Hector moved to add the following new Section III, 21 to the Silverton City Council Protocols and Guidelines: 21. Votes on Non-agenda Items – motions made on matters that are not on the meeting agenda, except in an emergency, shall not be voted on until the next meeting. Councilor Carter seconded the motion. Councilor Thomas said he disagreed and indicated he would vote no. The Council discussed best practices to reconsider motions. City Manager Willoughby clarified the amendment applies to motions made on issues brought up during public comment and not on the Agenda. Following discussion, the motion failed to carry as follows: Aye: Nay: Stu Rasmussen Scott Walker Jason Freilinger Randal Thomas Bill Cummins May 5, 2014 City of Silverton City Council Minutes Page 5 of 7 Abstain: Absent: Laurie Carter Ken Hector None None 8.4 Resolution No. 14-21 - Amending Sewer User Rates and Charges for Commercial IV & Industrial Customers Councilor Carter moved to approve Resolution No. 14-21, Amending Sewer User Rates and Charges for Commercial IV and Industrial Customers. Councilor Hector seconded the motion. Don Kelley, legal representation for BrucePac, said that he met with Staff, which resulted in the proposal before the Council. Following discussion, the motion carried as follows: Aye: Nay: Abstain: Absent: Scott Walker Jason Freilinger Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector None None None 8.5 Silverton to Stayton Rail-to-Trail Project Community Development Director Gottgetreu presented the Staff Report. He said the City does not have to commit any funds at this time, but the overall project is in the ten million dollar range. Councilor Carter said she thinks the City should consider it. The Council considered whether to participate in the project. Stacy Palmer, Chamber of Commerce Executive Director addressed the Council and said she has been working with Staff regarding bicycle tourism. She asked the Council to let Staff research the issue before they make a decision in relation to the project. Councilor Carter moved to have the City consider the highest and best use for rail transport and if that does not work, the City would consider rails to trails transport with funds other than the City’s. Councilor Walker seconded the motion. Councilor Hector said he would not vote on the issue without any substantial numbers. discussion, the motion failed to carry as follows: Aye: Nay: Abstain: Absent: Following Scott Walker Laurie Carter Stu Rasmussen Jason Freilinger Randal Thomas Ken Hector Bill Cummins None None May 5, 2014 City of Silverton City Council Minutes Page 6 of 7 IX.APPOINTMENTS TO COMMITEES AND ADVISORY GROUPS 9.1 Appointing An Individual To Fill A Vacancy On The Budget Committee Mayor Rasmussen said he interviewed the candidates and recommended Rick Lewis to the Budget Committee. Councilor Thomas moved to appoint Rick Lewis to fill the vacancy on the Budget Committee. Councilor Cummins seconded the motion and it carried at follows: Aye: Nay: Abstain: Absent: Scott Walker Randal Thomas Stu Rasmussen Bill Cummins Laurie Carter Ken Hector Jason Freilinger None None X.COUNCIL DISCUSSION 10.1 City Manager Update There was none. 10.2 Council Communications th Councilor Thomas said the Pet Parade will be held on May 17 at 10:00 am. He listed sponsors and said the American Cancer Society “bark for life” is the grand marshal and anyone can march as a Grand Marshal with a $5 donation. Councilor Carter commended Parking Enforcement Sean Farris for his efforts. Councilor Hector announced the Silverton Fun Run will be held on May 10th. XI.EXECUTIVE SESSION There was none scheduled. XII.ADJOURNMENT The Meeting adjourned at 9:55 p.m. Respectfully Submitted By: /s/Lisa Figueroa, Administrative Assistant/City Clerk May 5, 2014 City of Silverton City Council Minutes Page 7 of 7 Annual Report 2013-2014 Silverton Chamber of Commerce Visitor Center 426 S. Water Street - Silverton, OR 97381 The Chamber Mission As the Chamber moves forward with our 2014-2015 year, we are proud of the accomplishments and gains we have made. While our core elements of Membership Development, Economic Development and Tourism and Marketing guide our endeavors this year we are committed more than ever to expand our tourism market. Tourism is the one economic development driver that has unlimited potential and Silverton is blessed to have a number of elements that strategically place us front and center in the tourism market. This year the focus moves to capitalizing on new niche markets such as weddings, bicycle tourism, recreation, wine enthusiasts and art lovers. Each of these areas are unique and have a natural connection to Silverton. Our focus this year is to highlight just how Silverton is special and noteworthy when in comes to these areas. ticipated in a bike group working on trails, safety and promoting our area as Bike Friendly. We are looking at various ways to promote the Silverton community as a destination for these element and more. We are convinced that once visitors experience Silverton, they will come back. By focusing on marketing, we feel we can capture a bigger piece of the tourism dollars spent in the region. We have a renewed focus on bringing visitors to Silverton and the surrounding areas for day trips and especially overnight stays. Our bounty of attractions and specialty shops are a treasure and they need the influx of revenue that visitors bring. We work to bring value to our community by recruiting and maintaining current businesses adding to the tax base, fueling transient occupancy taxes for tourism dollars and working with partners to maximize dollars invested in our community. So far we have partnered with a group highlighting all the services and attractions necessary to have a destination wedding here in Silverton. We have par- We look forward to working with all of you! Tim Yount President Edward Jones Stacy Palmer, IOM Executive Director Silverton Chamber of Commerce The Silverton Chamber of Commerce and City of Silverton have enjoyed a mutually beneficial relationship for many years now. The Chamber provides Visitor Center facilities and services and the City provides a much needed source of revenue for those services. With those funds we are able to serve as the front door or warm welcome for visitors and potential new residents to the community. These folks are looking for information on everything from dining and shopping to recreation, lodging and even relocation. The Visitor Center is open Monday through Friday during the Winter months 9:00 to 5:00 p.m., and from Memorial Day to Labor Day we extend those hours to include Saturdays. In the office we provide a number of local business brochures, flyers and special coupons. We have other community information as well, such as Church directories, cemetery lists with directions and list of community organizations and community calendars. We have regional publications and brochures available for visitors as well. We have reciprocal agreements with most of these advertisers to display our materials in their visitor centers in exchange for displaying theirs in our office. The agreement between the City and Chamber states that we will: 1. Maintain regular open hours—Monday—Friday 9:00—5:00 and Saturdays During the Summer. 2. Greet and assist visitors and residents, in person, via e-mail and by phone. This year 10,227 people either called, stopped by or emailed the Chamber a question. Which is a little lower than last year. On average we spend 6 minutes with each walk in and 2 minutes with each phone call. Of those visitors, we had guests from 38 states (including Oregon), 23 countries and 6 Canadian provinces! Our top states for visitors are Washington, California. Colorado and Texas were new this year to lead in visitors. Our top for foreign visitors were British Columbia, Australia, New Zealand, England, Germany and France. 3. Provide maps, community information, brochures and suggestions for visitors. We distributed over 5,200 maps and countless numbers of verbal directions for guests to town, in addition to directions, people are generally looking for info on local businesses, attractions and community feel. We’ve handed out thousands of local and regional brochures, including our local walking tour brochure, hundreds of mural tour maps, 1,260 restaurant brochures, 750 garden brochures, and hundreds of local business brochures. The number one requested brochure is the Silver Falls Trail Guide, we estimate we’ve given out over 4,800 trail guides this past year. We had over 4,875 downloads of our Visitors Guide from our website. 4. Mail, e-mail or fax relocation, visitor or business information materials on request. In 2013 we mailed out 52 relocation packets (33 to other states, 1 to Canada and 18 to Oregon). We sent out 109 visitor packets (57 to other states, 50 to cities in Oregon and 1 to Australia and 1 to Canada). We now have our Visitors Guide in pdf page turning form on our website and are working to add other “brochures” as well. It’s hard to estimate how many “Visitor Packets or Relocation Packets” are picked up by visitors who prefer to pull brochures from our racks on their own, but in estimation it would at least triple these numbers. Our website has taken on a much larger tourism information role. In 2008 53,772 guests visited the Silverton Chamber website, www.silvertonchamber.org in 2009 that number jumped to 58,909 and in 2010 it gained again with 63,244 visits. In 2011 the number rose to 71,760. 2012 brought 76,309 visits to the website and 2013 brought 76,443 visits. We continue to find new ways to drive traffic to our website and to provide more information for visitors to the site. Our constantly evolving website with it’s coupon, job search and events components has really made an impact in the number of “visits” we have on the site and the interaction with our members. Members are now taking an active role in promoting their businesses to visitors to town! 5. Have available information on parks and recreation, local churches, schools, hospital, demographic data, local festivals and events. We have created a number of local brochures, these include church directories, demographic info, events and attractions and more. These are designed to provide info on the community and give access to as much information for guests as possible. Genealogy is very popular now, so our latest Cemetery directory brochure has been very helpful to visitors, it describes each cemetery and directions to it. We have info on the Silver Falls School District in our Visitors Guide - it highlights school location, principal and size. We work closely with Silverton Hospital as a resource when they are recruiting new staff and also for new residents to town, educating them on the number of services the hospital provides in town. We also now maintain a community calendar of events on our website. Anyone can submit a “community event” to be posted. The calendar is accessible to everyone on our website www.silvertonchamber.org. 6. Assemble a packet of Silverton Marketing Materials upon request. We make these packets up as needed, because many times the need for them is specific, either business relocation or start-up or relocation. We can tailor each packet to the needs of our customer - for example we can include an up to date available property list, or detailed list of upcoming events while someone is here visiting. There is a “Info Request” form on our website that allows visitors to check off all the areas that interest them and email the request to us. We then can address the individual needs of each request. We also work with community partners, like the City and SEDCOR to promote their resources for the community as well. In 2013 we had 78 requests for business related community information off our website “Info Request” link. 7. Notify hospitality businesses of major events and sports activities. The Chamber works very well with the larger lodging properties to coordinate when groups are visiting and vice versa. The Resort, Silverton Inn & Suites and RV Park are all providing the Chamber with list of groups booking, so that we can pass the information along to local merchants. The Chamber also coordinates local tours—both walking and via vehicle, we serve as step on guides to tell of Silverton’s history and history of the murals. We have also worked with local merchants to cater to these incoming groups. The Garden has offered space at their events to promote downtown Silverton as well as displaying materials. The Chamber provides a Choose Silverton card for all convention attendees as well as overnight guests at our lodging properties that direct visitors to the Visitor Center and the “HOT DEALS” section of our website. This highlights not only the deals in town, but gets folks to our website to see other attractions or events to keep them here longer! We also meet with lodging “front desk” representatives to train them on what there is to see and do in Silverton, overviews on local eateries and share local resources for visitor needs like—batteries, cell phone charges, oil change locations, tires, medical services, etc. 8. Participate in tourism group activities. We participate with the North Willamette Valley Tourism Alliance, Woodburn Area Tourism, Willamette Valley Visitor Association and Travel Salem. Whenever possible we participate with regional partners to market the area for the benefit of all. We worked with the Oregon Garden, Oregon Garden Resort, Gordon House and Silver Falls State Park on signage issues. We also worked with the Garden and Falls on a panel at Woodburn Company Stores. As a tourism promotion activity, we have also hosted and conducted several Familiarization (FAM) Tours with member of the Woodburn Visitor Center staff, Travel Salem staff, Oregon Tourism Center staff and media partners. Stacy is sitting on a “Tourism” committee with the Oregon State Chamber. 9. Promote Silverton in publications. We continue to have one of the premier visitor pieces in the valley our Silverton Visitor Guide. We put guides in the rooms at the resort and other lodging properties to encourage folks to visit downtown Silverton and it’s surrounding attractions. In addition to the Visitors Guide we have our Map, relocation brochures, the North Willamette Valley Visitor Guide, the North Valley Regional Event Calendar and a number of regional media placements. We’ve expanded our online presence significantly through social media—facebook, twitter, yelp and through email marketing with Constant Contact. Our events, “hot deals” and special notices go out to over 1,000 different followers. In 2013 we conducted a “Visitor Survey” on our website. The survey was designed as a way to capture information from potential visitors for marketing purposes. Collecting data on where visitors were finding out about Silverton and what their primary interests were. The survey had great response and we collected over 6,500 surveys. These survey respondents as well as those that request visitor information off our website are added to an email database and sent a “Visitor E-Blast” highlighting area events, local businesses, attractions and even offering deals on restaurants. This email is designed specifically to market to those individuals that have already shown an interest in Silverton. Studies show that 3—5 contacts are necessary before visitors make a decision for travel. We will continue to use this database to promote our community. We have approximately 3,800 addresses that we market events to on a quarterly basis. 10. Maintain a calendar of community events. On our website you can view or submit events for the community to see. It’s a great feature of our website, that is accessible for Chamber members and non-members. We also work with a number of community events and festivals to make sure their events are listed and have the information that folks are looking for. We share our event lists with groups like Silverton Together so they can include events in their printed calendar. We place events on a number of regional calendars, including the Travel Salem email calendar, KGW and various event websites. We also utilize social media and email broadcast services like Constant Contact to keep locals and visitors alike, aware of our events. We have a weekly email blast of these calendar submissions called “What’s Happening” that is sent to over 400 email addresses. In addition to getting this in your email inbox, a condensed version is printed in two sizes each week thanks to our partners the Appeal Tribune. The posters and 8.5 X 11” sizes are distributed at the Wednesday morning Silverton Business Group meetings for free or are available all week at the Visitor Center for anyone to pick up. 11. Collaborate with groups to further develop regional attractions. We continue our mission to utilize our resources effectively and efficiently. Whenever possible we partner with local groups, attractions and event coordinators. We maintain trade show panels that local groups can use when promoting our area, they can be checked out at the Chamber Office. The Oregon Garden, Seven Brides, Art Association and Silver Falls have utilized the panels to promote our area. We work collaboratively to maximize our dollars, but also to send a collective message about what we offer for visitors in this area. We also work with members of the various committees for community events, Homer Davenport Community Festival, Old Stuff on Main, Silverton Poetry Festival, Silverton Art Festival, Silverton Pet Parade, Silverton Wine & Jazz Festival, etc. to insure that we are aware and support their activities whenever possible. We help by maintaining a database of information on the current events to share with visitors and locals. We work with several of the groups to secure donations and advertising. We are also contributors and volunteers for several of the festivals, including providing information materials or Info Booths at festivals. 12. Report to the City Annually. We are happy to share our activities with anyone who shares our commitment and love of Silverton! Some items from Attachment A of our contract have been combined to avoid duplication. 2013 - 2014 Visitor Center Costs Silverton Area Chamber of Commerce INCOME City of Silverton Source: 50% Business License Revenue Generated EXPENSES 15000 TO DATE Personnel Reg. Staff - Office Coverage 30hr/wk X 52 wks = 1560 hrs X 10.25 hr 12900 Summer Staffing - 100% Coverage 8hr/wk X 13 wks = 104 hrs X 10.25 hr 1066 Taxes - 3488 Supervision - 1/3 Executive Director $38,526 X 1/3 12,714 subtotal personnel 30168 Equipment 1/3 Printing/Reproduction (Copier) 1050 subtotal equipment 1050 Advertising Mural Map/Website/Domain Shop Hop Ad - N. Willamette Valley Visitor Guide Regional Ads Silver Spur - RV MAP Panel WCS - w/SF, OG Top Ten - Rack card, production/printing Website - 1/2 for Visitor Portion 268 680 380 886 0 0 0 1256 subtotal advertising Memberships Overhead SCVA Membership - Comp. POVA Membership US Chamber Membership - not renewed SEDCOR/Keizer/Mt. Angel/Woodburn - comp membshp subtotal membership 3470 0 495 0 0 Calculated on 1/2 overhead in chamber budget applicable to Visitor Svc. includes: rent & facility use, repairs & maintenance, telephone, internet, furnishing & equipment 495 2649 TOTAL 2013 - 2014 Expenses 37832 Net Income (Loss) -22832 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Item No.: 6.1 Report No.: 14-56 Agenda Type: Topic: Resolution No. 14-25 – Adopting a Supplemental Budget For Building Operations Fund And The Electrical Inspection Fund PUBLIC HEARING Prepared By: K. Zaragoza Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff recommends a motion to adopt Resolution No. 14-25 a Supplemental Budget Resolution. BACKGROUND: During the current fiscal year the City has experienced an increase in the amount of permits being issued by the Electrical Inspection Fund and the Building Operations Fund. This has also increased expenses related to contract services for inspections. Council has passed one Supplemental Budget for the Building Operations Fund; however the estimated revenues and the related costs for inspection services are expected to exceed the approved amount. This Supplemental Budget is an estimate of additional revenues expected and the additional expenses that will be incurred to continue inspection services for the fiscal year 2013-2014. BUDGET IMPACT: Attachments: 1. Resolution No. 14-25 FY(s): 2013-2014 Funding Source: Permit Revenue Attachment 1 to Staff Report 14-56 CITY OF SILVERTON RESOLUTION 14-25 A RESOLUTION OF THE SILVERTON CITY COUNCIL TO ADOPT A SUPPLEMENTAL BUDGET RESOLUTION WHEREAS, conditions have arisen which could not be foreseen at the budget process time, among these the amount of actual permit revenue for the Electrical Inspection Fund and the Building Operations Fund and the cost associated with the increased demand for services; and WHEREAS, these conditions require a change in the financial budget for the fiscal year end of 2014, and Local Budget Law, ORS 294.471 authorizes a supplemental budget for this type of situation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SILVERTON, AS FOLLOWS: Section 1: The following appropriations for the supplemental budget for the fiscal year 2013-2014 budget are made: Debit ELECTRICAL INSPECTION FUND Revenue Fees and Permits 011-000-42118 Electrical Permits Expenditures Materials and Services 011-141-61059 Contracted Services $ $ City of Silverton Resolution No. 14-25 5,000 5,000 BUILDING OPERATIONS FUND Revenue Fees and Permits 012-000-42104 Building Permits 012-000-42105 Plumbing Permits 012-000-42106 Plan Review Fees 012-000-42116 Mechanical Permits Expenditures Materials and Services 012-140-61059 Contracted Services Credit 35,278 10,000 24,845 2,306 72,429 Page 1 of 2 Section 2: That this resolution is and shall be effective after its passage by the City Council. Resolution adopted by the City Council of the City of Silverton this 2nd day of June, 2014. ______________________________ Mayor, City of Silverton Stu Rasmussen ATTEST: __________________________________ City Manager/Recorder, City of Silverton Bob Willoughby City of Silverton Resolution No. 14-25 Page 2 of 2 AGENDA ITEM 7.1 Approval of Councilor attendance to Roth’s “Oregon is Home” Luncheon Bob Willou hbv Square < noreply@messagi ng.squareup.com Thursday, May 01, 20t4I:L2 PM From: Sent: Bob Willoughby Receipt from Roth's B-E Foundation lo: Subiect: > rÒ ( Rotl,-'s Ð'tz Õvt ib l{oru- L,*rn.t<.-o r\ E Roth's B-E Founclation q *90.00 Custorn Amount $e0.00 Total $90.00 q- x x VISIT LJS x 1 AT CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Item No.: 7.2 Report No.: 14-53 Agenda Type: Topic: Park Use Fees Waiver Request –Strawberry Festival and Homer Davenport Community Festival CONSENT AGENDA Prepared By: Lisa Figueroa Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff makes no recommendation regarding this agenda item. BACKGROUND: The Homer Davenport Committee Festival has requested waivers of park use fees to use CoolidgeMcClaine Park for two 2014 events; the Strawberry Festival, June 15 and the Homer Davenport Community Festival, scheduled for the first weekend in August. BUDGET IMPACT: FY(s): n/a Funding Source: n/a Attachments: 1. Letter by the Homer Davenport Committee Festival Attachment 1 to Staff Report 14-53 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Items No.: 7.3 and 7.4 Report No.: Topic: Contract Renewal with the YMCA for Fiscal Year 2014/2015 14-54 Agenda Type: CONSENT AGENDA Prepared By: Lisa Figueroa Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff recommends a motion to authorize the City Manager to sign the two contract renewals with the YMCA for providing program services and operating the swimming pool. BACKGROUND: For several years, the City has operated the pool and provided park & recreation programs by entering into two contracts with the Family YMCA of Marion & Polk Counties. Each contract will expire on June 30, 2014. The City Manager met with the YMCA Vice President of Operations to negotiate the renewal terms for the two agreements for the next fiscal year. The City Manager is proposing one-year contracts. Other than a change of dates, there are no substantive changes to the contracts. BUDGET IMPACT: Account 016-210-61059 FY(s): 2014-2015 $50,000 Funding Source: Contracted Services Attachments: 1. 2. Proposed Pool Services agreement for Fiscal Year 2014/2015 Proposed Program Services agreement for Fiscal Year 2014/2015 Attachment 1 to Staff Report 14-54 POOL OPERATION AGREEMENT BETWEEN THE FAMILY YMCA OF MARION & POLK COUNTIES AND THE CITY OF SILVERTON This agreement is between the FAMILY YMCA of Marion and Polk Counties, hereinafter called "YMCA" and the City of Silverton, Oregon, hereafter called "City" for the operation and maintenance in a manner which maximizes program use, public recreation use, and the general benefit of the public of the following: City of Silverton Outdoor Swimming Pool, located at 601 Miller Street, Silverton, Oregon. I. OWNERSHIP Ownership of the above facilities is vested in the City. As long as ownership is vested in the City, the City and the YMCA agree to cooperate in the operation and maintenance of the pool for educational and/or recreational programs and activities. The City agrees to furnish the pool facility "as is" to the YMCA for the period of July 1, 2014, until June 30, 2015.Continuation of this agreement and/or operation of the Pool after July 1, 2015 shall be subject to the City, in its sole discretion, having adequate funds in its budget to do so. It is expressly understood that neither party has any obligation to continue this agreement beyond June 30, 2015. II. CONSIDERATION The consideration for this agreement is $50,000. The City shall pay the sum in monthly installments beginning on July 1, 2014. Any Pool materials and/or equipment purchased either by the City or with City funds for the Pool will remain an asset of the City of Silverton and will be returned to the City at the termination of this agreement. III. POOL USE AND POLICIES The goal of the City and the YMCA is to provide recreational and swimming programs at the pool on a year-round basis. The City, with prior notice to the YMCA, shall have the discretion of scheduling programs and activities at any time the pool is available for use, provided any such use does not unreasonably interfere with the YMCA’s scheduling or ability to maximize its revenue from the operation of the Pool. The City reserves the right to institute pool use policies and procedures, and customer service guidelines where gaps in existing YMCA policies, procedures and guidelines exist. The City Manager, with City Council direction, is authorized to make such changes in cooperation with the YMCA. However, the City shall have final say on all such policies, procedures and guidelines. The YMCA would like to have any customer service issues disclosed within reasonable time, along with contact information for follow up as appropriate in order to implement adequate customer service guidelines. IV. FEES The YMCA, after consulting with its Advisory board, may establish fees and/or charges for the operation and use of the Pool. The YMCA shall report to the City its schedule of all fees and charges on July 1, 2014. Prior notice shall be given by the YMCA to the City before these fees and charges are changed during the term of this agreement. The YMCA shall receive and account for all City payments received by the YMCA during the term of this agreement and all other Pool operations fees, charges, proceeds, and donations related to the Pool. V. OPERATIONS The YMCA shall have responsibility for: A. Routine and general maintenance, operation and security of all facilities, including monitoring water quality and timely communicating with city staff on needed adjustment in chemical rates. B. Providing all program and office supplies and materials, including all advertising, publicity and reproduction costs. C. Policing of grounds and facilities, including the bath house and parking area. D. Providing general liability insurance with coverage being not less than one million dollars ($1,000,000.00) aggregate. Further, the YMCA agrees to hold harmless the City from all suits and claims arising from operational policies or practices. E. Providing qualified staffing and supervision meeting all State and County requirements. Lifeguards must be Red Cross or YMCA certified. All Staff shall be employees of the YMCA, not the City. F. The YMCA shall be responsible for any additional costs incurred related to personnel, loss of income, etc., when the facility is out of service due to equipment breakdowns or repairs. G. Providing a fiscal year budget (July through June) to the City at the initiation of this agreement and a financial statement and pool report each and every month during the term of this agreement. The report will be submitted prior to the beginning of the next month. The YMCA will utilize such reporting methods as are consistent with YMCA operating procedures. The YMCA will also provide a one year summary financial report at the conclusion of this agreement by August 1 2015. The YMCA shall provide a distinction between admission fees between city residents and people who do not live inside the Silverton city limits. People who live outside the City limits will pay a higher fee for the use of the pool than people who live inside the City. This distinction will not be based on having a Silverton address but rather whether a user actually lives inside the City. H. Developing and administering swimming programs and activities at the Pool, including hiring employees, scheduling, providing office supplies and equipment, and managing any such program. Swimming programs and activities shall include, but not be limited to, lap swimming, open swim time, lessons and fitness programs. Each month during the term of this agreement, the YMCA shall provide the City with a report of any and all such programs and activities provided in the prior month at the Pool. The pool report YMCA Pool Agreement Page 2 of 5 Pages will be submitted with the financial reports prior to the beginning of the next month. VI. MAINTENANCE Routine, ongoing maintenance shall be budgeted as part of the pools' operating expenses. “Routine ongoing maintenance” includes, but is not limited to the following: keeping the lobby and facility clean inside and out, taking out the garbage daily, taking out the trash receptacles in the pump room for the City staff each month, hosing out and disinfecting the locker rooms daily, cleaning strip drains weekly, scrubbing shower tiles daily to prevent mold and mildew issues, resupplying toilet paper and paper towels in the rest rooms, hosing decks daily during summer and weekly during the winter, vacuuming the Pool (including any tar), performing hourly chemical and water quality checks, scrubbing the scum line in the Pool monthly, scrubbing the green spots on the deck and tiles daily during winter months, picking up the parking lot area of any trash, cleaning all windows inside and out, wiping down and cleaning all glass and counter surfaces daily, scrubbing the bulkhead and guard stands monthly during winter and weekly during summer, sweeping the Pool decks, bleaching the Pool decks to disinfect every other week during summer and every month during winter, disinfecting and cleaning the tables and chairs weekly during summer and monthly during winter, cleaning the toilets daily, doing the laundry as needed, removing tar spots from the Pool, and taking out the recycling on the schedule established by the garbage hauler. The City shall provide annual maintenance on or before June 30, 2014 and shall provide personnel and equipment pursuant to this section after said time. Materials and labor costs of mechanical repairs will be provided by the City. The City shall also obtain any permits necessary for pool operations. Operational supplies, such as chemical disinfectants, restroom supplies, and cleaning supplies, shall be provided by the City. The City staff to make routine visits to change chemical feed rates. After receiving timely written notice from the YMCA, the City shall address as soon as practicable all maintenance related issues that compromise patron’s health and well-being. Major capital maintenance and improvements, including mowing of grounds, plumbing repairs, repair of building structures, roof replacement, pool or deck repairs and/or fixed equipment shall be considered outside of the YMCA’s responsibilities for routine maintenance of the pool. Funding for these items may be considered and financed separately from operations. The City shall furnish water, sewer, electric, natural gas, local telephone and solid waste disposal services during the operating season at no cost to the YMCA. Subject to the availability of funds in the City’s budget and the operational capabilities of the pool equipment, when requested by the YMCA in the winter months as a practical way to increase patronage of the pool, the City will temporarily increase the water temperature of the pool if feasible. During the winter, and especially when the YMCA has requested an increase in pool temperature, whenever the pool, or any part of the pool, will not be in use for an extended period of four (4) hours or more, YMCA staff will cover the pool, or the relevant part of the pool, with the pool covers provided by the City to help lower the cost to the City of heating the pool. VII. LIABILITY The City shall include the premises and operation of the swimming pool in its general liability insurance policy. YMCA Pool Agreement Page 3 of 5 Pages VIII. AMENDMENT OF CONTRACT The terms of this contract shall not be altered, waived, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the parties. IX. INTERPRETATION OF TERMS Words, terms, phrases that are not specifically defined in this contract shall have the ordinary meaning ascribed to them unless the context clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the plural number shall include the singular and words in the singular include the plural. The word "shall" is mandatory and not merely directive. X. CONSTRUCTION The provisions of this contract shall be construed in accordance with the laws of the State of Oregon. Any action or suits involving any question of construction arising under this contract must be brought in an appropriate court in the State of Oregon. XI. SEVERABILITY The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. XII. VENDING MACHINES Any vending machines on site are the responsibility of the YMCA and the YMCA may keep any revenue derived from those machines. XIII. IMPOSSIBILITY OF PERFORMANCE Neither party shall be liable or deemed to be in default for any delay or failure to perform under this agreement resulting from Acts of God, civil or military authority, acts of public enemy, war, civil disturbances, accidents, fires, explosions, floods, energy shortages, material disruptions, transportation contingencies or any other causes beyond its control. XIV. WAIVER The failure of either party to enforce any provision of this contract shall not constitute a waiver by the party of that or any other provision. XV. ATTORNEY FEES YMCA Pool Agreement Page 4 of 5 Pages If any action, suit or proceeding is brought to enforce the provisions of this contract, the prevailing party shall be entitled to such additional sums as the court may adjudge for reasonable attorney fees and costs in such action, suit or proceeding and in any appeal therefrom. XVI. DISCRIMINATION The parties agree not to discriminate on the basis of race, religion, sex, sexual orientation, age, color, disability, or national origin in the performance of this contract. XVII. TERMINATION This agreement shall continue in effect until terminated by either party or until the termination of this agreement on June 30, 2015. CITY OF SILVERTON: FAMILY YMCA OF MARION and POLK COUNTIES: ______________________________ CITY MANAGER DATE ____________________________________ CEO DATE YMCA Pool Agreement Page 5 of 5 Pages Attachment 2 to Staff Report 14-54 PROGRAM SERVICE AGREEMENT BETWEEN CITY OF SILVERTON AND FAMILY YMCA OF MARION AND POLK COUNTIES THIS Agreement, made this 1st day of July, 2014, is by and between the City of Silverton, an Oregon municipal corporation, hereinafter referred to as the City, and The Family YMCA of Marion and Polk Counties, hereinafter referred to as the YMCA. 1. SERVICES The YMCA, in consideration of the terms, covenants, and agreements contained herein, does hereby agree to provide the services set out in this agreement. 2. YMCA OBLIGATIONS A. Develop, support and administer a Silver Falls Family YMCA advisory board (the Advisory Board or Board). The Advisory Board shall serve to provide direction and support with regard to program needs, budgeting, fundraising, fee setting, volunteer development, publicity, and such other activities as the Advisory Board may determine. The Board shall have at least one (1) member representing the Silverton City government, designated by the Silverton City Council. B. Establish and support the Silver Falls Family YMCA in the Silverton community. The service area of the Silver Falls YMCA shall be the same as the Silver Falls School District boundaries or larger. C. Ensure that the YMCA provides office hours to meet the needs of the community related to supporting the City of Silverton and the services provided by the YMCA pursuant to this agreement. The location of the office shall be determined by the Advisory Board. If the Board decides to locate the office at either the Community Center or the City’s swimming pool, office space will be provided by the City at no charge to the YMCA. Office hours shall be generally from 8 am to 5 pm, but may vary from time-to-time for special circumstances. If office is located at the pool or some other location selected by the Board, the space in the Community Center which has been used as office space by the YMCA, with the prior written approval of the City Manager, may be used for child care or some other similar use in support of YMCA programs, provided such use complies with all state and local laws and regulations. D. Develop and administer programs and activities through the Silver Falls Family YMCA designed to promote recreational, educational and social enrichment of the Silverton community. Such programs shall include, but not be limited to: After school, holiday and summer enrichment activities for school-aged children in grades Kindergarten - 6. Work with the Silver Falls YMCA Advisory Board to develop and administer other programs as may be determined by the Board, with the concurrence of the YMCA. Programs may include focus upon family, adult and senior groups, in addition to preschool and youth programs and shall be consistent with the mission of the YMCA. E. Serve as a resource for other community activities and programs to provide a data base of program participants, assist with the coordination of community recreational and program facilities, and provide a clearing house for coordination of various activity schedules. F. During the term of this agreement, the City will schedule and manage all City-owned or controlled facilities. During the term of this agreement, the YMCA may use City facilities, including Coolidge-McClaine Park and the Community Center, at no charge. However, the YMCA must, with as much advance notice as possible, schedule YMCA use of City facilities with the City and the City, in its sole discretion, will determine if the City facilities are available. 3. TERM This agreement shall effective for one (1) years, beginning on July 1, 2014, and ending June 30, 2015. 4. COMPENSATION As consideration for this agreement, the City will direct the Silver Falls School District (the District) to pay the YMCA for any compensation paid by the District as reimbursement for the District’s swim team using the pool. In the past, the District has paid the City $8,000 per year in October for this reimbursement. Whether and how much the District pays the YMCA in the future for this compensation shall be determined by negotiations between the YMCA and the District. As additional compensation, the City shall provide the following: 1 office area (as provided in Section 2C), including utilities and property insurance 1 telephone line 5. USE OF THE OFFICE A. The office shall be used for recreational and administrative purposes. The property shall not be used for any other purpose without the written consent of the City. The City's consent may be conditioned on the YMCA's compliance with reasonable restrictions and requirements for the protection of the property and the protection of the public. B. The YMCA shall conform to all applicable laws, rules and regulations, municipal, state, and federal, affecting the premises and the use thereof. C. The YMCA shall not use or permit the use or occupancy of the property for any illegal or immoral purposes, or commit or permit anything which may constitute a menace or hazard to the safety if persons using the property, or which would tend to create a nuisance. 6. ALTERATIONS AND IMPROVEMENTS The YMCA may not construct structural improvements on any City property without the prior written consent of the City Manager, or designee. 7. ENTRY ON PROPERTY A. The City has the right to inspect any property being used or controlled by the YMCA (the Property) at any reasonable time or times to examine the condition of the premises or YMCA's compliance with the terms of this agreement. The YMCA shall provide a copy of any key for any YMCA Service Agreement Page 2 of 6 Pages locked facilities or containers to the City. B. The City retains the right to enter the Property at any reasonable time or times to inspect or modify YMCA facilities located upon the Property or to conduct repairs or other work on the Property. 8. ASSIGNMENT AND SUBLETTING The YMCA shall not assign this agreement or allow any portion of the Property to be used by any other group without the prior written consent of the City. 9. HOLD HARMLESS To the extent permitted by the Constitution of Oregon, the YMCA shall at all times indemnify, protect, defend, and hold the City, its officers, agents, and employees harmless from any claims, demands, losses, actions, or expenses, including attorney's fees, to which the City may be subject by reason of any property damage or personal injury arising or alleged to arise from the acts or omissions of the YMCA, its agents, or its employees, or in connection with the use, occupancy, or condition of the Property. 10. NONDISCRIMINATION The YMCA agrees that no person shall be excluded from participation in the programs funded by this agreement on the basis of race, color, creed, religion, sex, sexual orientation, age, physical or mental disability, or national origin or shall otherwise be subjected to discrimination in the use of the programs. 11. DEFAULT Except as otherwise provided in this Agreement, the City shall have the right to declare this agreement terminated and to take possession of the Property and the program equipment upon the following events: If any default is made in this agreement and is not corrected after 20 days written notice to the YMCA. Where the default is of such nature that it cannot reasonably be remedied within the 20-day period, the YMCA shall not be deemed in default if the YMCA proceeds with reasonable diligence and good faith to effect correction of the default. It is understood that either party shall have the right to institute any proceeding at law or in equity against the other party for violating or threatening to violate any provision of this agreement. Proceedings may be initiated against the violating party for a restraining injunction or for damages or for both. In no case shall a waiver by either party of the right to seek relief under this provision constitute a waiver of any other or further violation. 12. TERMINATION A. Where a specific violation of this agreement gives a party the option to terminate this Agreement immediately, this Agreement shall be terminated upon written notification to the other party. YMCA Service Agreement Page 3 of 6 Pages B. In the event of any other default under Section 2 of this Agreement, the Agreement may be terminated upon 60-days notice at the option of the non-breaching party upon written notification to the other party. 13. ATTORNEY FEES If any suit or action is instituted in connection with any controversy arising out of this Agreement,the prevailing party shall be entitled to recover, in addition to damages and costs, such sum as the trial court or appellate court, as the case may be, may adjudge reasonable as attorney fees. 14. NOTICE When any notice or anything in writing is required or permitted to be given under this Agreement,the notice shall be deemed given when actually delivered or 48 hours after deposited in the United States mail, with proper postage affixed, directed to the following address: CITY City Manager City of Silverton 306 S. Water St. Silverton, OR 97381 15. YMCA Executive Director Family YMCA of Marion & Polk 685 Court St. NE Salem, OR 97309-5047 YMCA AS INDEPENDENT CONTRACTOR A. The YMCA (Contractor) shall be performing services under this agreement as an independent contractor. Contractor's services shall be provided under the general supervision of City's project director or his or her designee, but the YMCA shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 4 of this Agreement. B. In the event the YMCA is to perform the services described in this Agreement without the assistance of others, Contractor hereby agrees to file a joint declaration with City to the effect that the YMCA’s services are those of an independent contractor, as provided under Chapter 864 Oregon Laws 1979. C. The YMCA acknowledges that for all purposes related to this Agreement, the YMCA is and shall be deemed to be an independent contractor and not an employee of City, shall not be entitled to benefits of any kind to which an employee of the City is entitled and shall be solely responsible for all payments and taxes required by law; and furthermore in the event that Contractor is found by a court of law or an administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due to demand repayment of any amounts paid to the YMCA under the terms of the Agreement, to the full extent of any benefits or other remuneration YMCA receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to YMCA or to a third party) as a result of said finding. D. The YMCA hereby represents that no employee of the City of Silverton, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from the YMCA, either directly or indirectly, in connection with the letting or YMCA Service Agreement Page 4 of 6 Pages performance of this contract, except as specifically declared in writing. 16. CONTRACTOR'S EMPLOYEES’ MEDICAL PAYMENTS The YMCA agrees to pay promptly as due, to any person, copartnership, association or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident or sickness or injury to the YMCA's employees, all sums which the YMCA agreed to pay for such services and all monies and sums which the YMCA collected or deducted from employees’ wages pursuant to any law, contractor or agreement for providing or paying for such service. 17. APPLICABLE LAW This contract will be governed by the laws of the State of Oregon. 18. INDEMNITY The YMCA agrees to defend, indemnify and hold harmless the City and its officers, agents, and employees from and against all suits, actions, or claims of any character brought because of any injury or damage received or sustained by any person, persons, or property arising out of or resulting from any negligent act, error, or omission of the YMCA or its agents or employees. 19. INSURANCE The YMCA agrees to procure and maintain at its expense until final payment by the City for services covered by this Agreement, insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of Oregon, covering all operations under this Agreement, whether performed by Contractor or its employees or agents. Before commencing the work, the YMCA shall furnish to the City a certificate or certificates in a form satisfactory to the City, showing that it has complied with this paragraph. All certificates shall provide that the policy shall not be changed or canceled until at least ten (10) days prior written notice shall have been given to the City. Kinds and amounts of insurance required are as follows: Workers' Compensation Insurance: Workers' compensation from the State Accident Insurance Fund or from a responsible private carrier. Private insurance shall provide the schedule of employee benefits required by law. Liability Insurance: Professional liability insurance in an amount not less than $1,000,000 per claim and aggregate. Automobile Liability Insurance: Automobile Liability Insurance in an amount not less than $500,000 for injuries to any one person and $1,000,000 on account of any one accident and in an amount of not less than $100,000 for property damage to protect the YMCA and its agents from claims which may arise from services rendered under this Agreement, whether such services are rendered by the YMCA or by any of its agents or by anyone employed by either. 20. COMPLETE AGREEMENT This contract and any referenced attachments constitute the complete agreement between the City and YMCA Service Agreement Page 5 of 6 Pages Contractor and supersede all prior written or oral discussions or agreements. 21. NONWAIVER The failure of the City to insist upon or enforce strict performance by the YMCA of any of the terms of this Agreement or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to rely upon such terms or rights on any future occasion. 22. DISPUTE RESOLUTION All parties to this agreement agree that all claims, controversies, and disputes, whether they be statutory, contract, or in tort (including claims of misrepresentation, concealment, negligence, or fraud) between or among any of the parties, which arise out of or are related to this Agreement, or which relate to the interpretation or breach of this Agreement shall be resolved in accordance with the process of mediation. The party initiating a claim shall notify the other parties hereto, and shall provide a request for appointment of a mediator to the Willamette University Center for Dispute Resolution, attention Director. The parties agree to participate in good faith with the appointed mediator. All claims that have not been resolved by mediation, and that are within the jurisdiction of the Circuit Court shall be brought in such court by the aggrieved party or parties. All costs for the mediation shall be split equally by the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year first written above. CITY OF SILVERTON: FAMILY YMCA OF MARION and POLK COUNTIES: ______________________________ ___________________________________ CITY MANAGER DATE CEO DATE YMCA Service Agreement Page 6 of 6 Pages CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Item No.: 7.5 Report No.: 14-57 Agenda Type: Topic: Liquor License Application – The Gathering Spot LLC, For Full On-Premises Sales At A Commercial Establishment CONSENT AGENDA Prepared By: Jeff Fossholm Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff recommends a motion as to whether or not to recommend approval or denial of the application to the Oregon Liquor Control Commission. The final decision rests with OLCC. BACKGROUND: An application has been made for a liquor license for full on-premises sales located at 106 N. First St. Silverton, OR, 97381. License applicant the ‘Gathering Spot’ has been operating a restaurant and espresso bar for several years, and now is requesting to add a liquor license. The location seats 38 people inside. The Police Department has completed and reviewed the background investigation on the applicants, Anna Kuzmin and Michail Kuzmin, and finds nothing that would preclude or prevent them from holding the license requested under the Oregon Administrative Rules governing licensing of liquor establishments. The application, business information and floor plan layout of the establishment are included in the attachment. BUDGET IMPACT: FY(s): NA Attachments: 1. OLCC Liquor License Application Funding Source: NA Attachment 1 to Staff Report 14-57 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Item No.: 7.6 Report No.: 14-63 Agenda Type: Topic: Resolution No. 14-28 – A Resolution to Transfer Funds Due To Unforeseen Expenditures For Computer Services CONSENT AGENDA Prepared By: J. Gottgetreu Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff recommends a motion to adopt Resolution No. 14-28 to transfer funds due to unforeseen expenditures. BACKGROUND: The City has experienced an increase in the need for IT services from the City of Woodburn due to the recent phone system install and the upcoming new server installation. The estimated time for the server install is between 80-120 hours. The estimate is based on setting up and migrating the Exchange server, SQL server, GIS server, Blackberry server, moving the file shares to the new server and setting up drive mappings, cleaning up Active Directory group policies, cleaning on some of the PCs to work with the new domain, changing the Barracuda backups to get these new servers, and a lot of other misc. items. The resolution transfers $10,000 from Contingency to Contracted Services. The City contracts with the City of Woodburn for IT Services at a rate of $75 an hour. BUDGET IMPACT: Attachments: 1. Resolution No. 14-28 FY(s): 2013-2014 Funding Source: General Fund Attachment 1 to Staff Report 14-63 CITY OF SILVERTON RESOLUTION 14-28 A RESOLUTION OF THE SILVERTON CITY COUNCIL TO TRANSFER FUNDS DUE TO UNFORESEEN EXPENDITURES WHEREAS, certain expenditures cannot be accurately estimated during the budget process, these conditions being the costs associated to the internet and phone conversion; and WHEREAS, Local Budget Law, ORS 294.450 authorizes the transferring of funds in these situations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SILVERTON, AS FOLLOWS: Section 1: The following transfers and appropriations are made: GENERAL FUND Non-Departmental Contingency & Reserves 010-011-90001 Contingency Computer Services Materials and Services 010-300-61059 Contracted Services Section 2: Increase Decrease $ 10,000 $ 10,000 That this resolution is and shall be effective from and after its passage by the City Council. Resolution adopted by the City Council of the City of Silverton this 2nd day of June, 2014. ______________________________ Mayor, City of Silverton Stu Rasmussen ATTEST: __________________________________ City Manager/Recorder, City of Silverton Bob Willoughby City of Silverton Resolution No. 14-28 Page 1 of 1 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 874-2207 Agenda Item No.: 8.1 Report No.: 14-62 Topic: Grant Awards – Silverton Tourism Promotion Committee Grant Recommendations Agenda Type: DISCUSSION/ACTION Prepared By: J. Gottgetreu Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff recommends a motion to approve the grant recommendations forwarded by the Silverton Tourism Promotion Committee. BACKGROUND: In September 2008, City Council established a transient occupancy tax in Silverton. The Committee is responsible for reviewing and rating tourism grant proposals based on a specific set of criteria. The Committee met on April 28th and May 19th to provide the following funding recommendations to Council. Applicant Oregon Garden & Resort BUDGET IMPACT: Project Christmas in the Garden FY(s): 2013-2014 Funding Source: Transient Tax Attachments: 1. Tourism Promotion Grant Applications 2. Tourism Promotion Committee’s Tabulated Scores with Comments 3. Minutes from April 28, 2014 Tourism Promotion Committee Meeting 4. Minutes from May 19, 2014 Tourism Promotion Committee Meeting Proposed Funding $6,000 Attachment 1 to Staff Report 14-62 City of Silverton. 306 S Water Skeet. Silverton, OR 97381 . Phone: 503-87 4-2212 Fax:503-873-321 0 r¡ruyr¡v.silverton.or.us SILVERTON TOURISM PROMOTION GRANT APPLICATION Project or Event Name Christmas in the Garden Sponsor Name/Org anization The Oreoon Garrlen Mailing Address PO Box155 City, State, Zip Silverton. OR 97381 Project Coordinator/Contact PêÍson Rrittney Hatteherg Dayti me Phone soz-874-2s38 Contact Person Email Total Cost of Project: $ 160,871 spo nsor Dollar Match: $ 138,188 Grant Amount Req uested: $ 6.000 In-kind Labor Match: $ 9.813 TOTAL POSSIBLE POINTS = 60 The Tourism Promotion Committee will give preferential consideration to grant applications that have a minimum score of 30 points. 1) Brief Project or Event Description: 5 Points Provide a detailed description of the proposed event or project and targeted audience. Please see attached document. 2l Project or Event Return on lnvestment: 15 Points Total a) Number of Overnight Stays: 5 Points Demonstrate how many overnight stays your project will generate. Explain how you will track the overnight stays generated by your project. Please see attached document 02t05t2014 2 City of Silverton. 306 S Water Street. Silverton, OR 97381. Phone: 503-874-22'12 Fax:503-873-3210 www.silverton.or.us b) Preferrence for Off-Season Proiects: 5 Points project your increase the number of overnight stays during will how Demonstrate Silverton's off-season (November - March). Christmas in the Garden is a total of 15 days, running Thursdays through Sundays, November 28 (opening the Friday after Thanksgiving) through December 21. This is in the heart of the holiday and off-peak seasot and will promote visitation and holiday shopping in the area during weekdays and weekends. Also, on Frid¿ and Saturday nights, we utilize additional parking lots in Silverton and run a shuttle to bring people to The Oregon Garden. This gives visitors the opportunity to park in one location and visit other businesses in Silverton either before or after their visit to Christmas in the Garden. c) Positive Rate of Return: 5 Points Currently, each overnight stay generates approximately $13 in transient occupancy tax revenue. Demonstrate how the requested grant amount equals or exceeds the transient tax generated by the proposed project. ln 2013, a total of 541 overnight stays were directly linked to Christmas in the Garden, through overnight stays on the special package, holiday parties and corporate groups. This equates to $7,03 in transient occupancy tax revenue. ln 2014, with the addition of Thursday evenings, we estimate an additional2T rooms for each Thursday, bringing our total to at least 622 overnight stays. This equates to $8,086 in transient occupancy tax revenue, which generates $2,086 more than the $6,000 grant we have requested 3) Project or Event Personnel: 5 Points Briefly describe your organizational structure. List the primary people involved, their positions, qualifications and experience. Christine Diacetis, Regional Manager. Christine has 13+ years of corporate and agency marketing experience, specializing in special events for the food/beverage/hospitality industry, and six years of hospitality experience at the Oregon Garden Resort. Brittney Hatteberg, Regional Marketing Manger. Brittney has more than seven years of corporate and agency marketing and public relations experience in hospitality, special events and consumer products. Mary Ridderbusch, Event Coordinator. Mary has more than five years of wedding and large-scale event planning and logistical experience. 02t05t20'14 3 City of Silverton. 306 S Water Street. Silverton, OR 97381 . Phone: 503-874-2212 Fax 503-873-321 4l 0 www.silverton.or.us Project or Event Timeline: 5 Points Use of grant funds is limited to 12 months unless a longer period of time is requested and approved by City Council. Describe the schedule and timeline for the project or event. Planning has already begun for Christmas in the Garden 2014. Placing lights will begin in October, and the event will run Thursdays - Sundays, November 28 - December 21 (beginning the day after Thanksgiving.) 5) Project or Event Objectives: 15 Points Describe how this project or event promotes tourism and economic development (directly and indirectly) in Silverton. Please see attached document 6) EvenUProject Budget: 15 Points On a separate page, provide a total budget for the event or project, including at a minimum, the following information: List all funding sources for the project. ln-kind labor and donated services can also be built into the total cost of the project and used as a funding source. The value of volunteer time for this grant period is $19.51 per hour according to the lndependent Sector and The U.S. Bureau of Labor Statistics. ltems that will be purchased with the requested grant funding (for example, if the request is to purchase radio or newspaper advertising for the event-list the specific stations or newspapers, size of advefiisement, number of times the advertisement wíll be featured and any other pertinent details). lf awarded funding, the grant agreement will require that the project or event be identified as sponsored by a Silverton Tourism Promotion Grant. Any equipment proposed to be purchased or rented by grant funds must be identified and its use must be explained in narrative form. a) b) Please see attached document 02t05t2014 4 City of Silverton. 306 S Water Street. Silverton, OR 97381. Phone: 503-874-2212 Fax:503-873-3210 www.silverton.or.us [This table shows suggested budget items and is not inclusive of possible evenUproject costs.] Requested Grant Amount Real Dollar Match ln-kind Labor and Donated Services Total Personnel Services Project Administration Costs Materials EquipmenUSupplies Construction Costs Event Costs Transportation Costs lnsurance Costs (if needed) Additional Expenses (List) Totals c) List sources of in-kind (volunteer hours), donated services and other grant sources for this event/project. Please see attached document 02t05t2014 5 City of Silverton. 306 S Water Street. Silverton, OR 97381. Phone: 503-874-2212 Fax:503-873-32'10 www.silverton.or.us TOURISM PROMOTION GRANT TERMS Once the grant agreement is executed, 50% of the awarded grant funds will be distributed to the applicant. a ln order for the Project to be eligible for full distribution of awarded funds, the Project must be completed by the specified deadline in the grant agreement (12 months from date of receiving the grant award). a ln order to receive final payment for the awarded grant, and be considered for future Tourism Promotion Grants, the Project Coordinator must submit an Exit Report (please limit to two pages) within thirly days (30) of completing the grant project. The Exit Report must include: (1) Brief description of the projects, (2) Description of project accomplishments. (3) A final budget. (4) Measures of performance. (i.e., number of people served, effect of the project on the City) (5) Narrative stating how funds were spent. (6) Listing of additional sponsors of the project. (7) Before and after photos of grant project, if apolicable. (8) Any promotional material samples. (Advertisements, flyers, posters, etc...) o Exit Repods will be reviewed and approved during the following Tourism Promotion Committee meetings: Exit Report Review Schedule and Meeting Calendar 2013-2014 Month Exit Report Submitted December 2013 May 2014 - September 2014 - Exit Report Review Meetinq Date Monday, May26,2014 April2014 Monday, September 27, 2014 August 2014 - November 2014 December 2014 - April2015 May 2015 December 2014 Office Use Only Date Application Submitted Action Taken/Date of 0210512014 b 1) Brief Project or Event Description: 5 Points Provide a detailed description of the proposed event or project and targeted audience Christmas in the Garden is an event taking place in The Oregon Garden's Rediscovery Forest, each Thursday through Sunday evening, November 28 through December 27. At this event, guests enter through the Visitor Center, and then ride the Garden's tram to the Rediscovery Forest, where they enter a world of Christmas lights The líghts are all around visitors, with décor including 22-foot tall flowers towering beside them and snowflakes hanging overhead. ln 20L3, more than I2,7OO people attended Christmas in the Garden, and more than 541 overnight stays were a direct result of the event. the will be Christmas in the Garden's second year, and will be a big growth year, where we will double the event's footprint in the Forest by adding two more lit paths in the forest, to create a full loop. 2OL4 event million people were exposed to Christmas in the Garden and the city of Silverton through event marketing and advertising. This spring, Christmas in the Garden was awarded Most lnnovative Marketing Campaign by any event in the state by the Oregon Festivals & Events Association. This event's target audience includes families, independent travelers, corporate groups/holiday parties and bus tours. Last year, more than 8 2) Project or Event Return on lnvestment: 15 Points Total a) Number of Overnight Stays: 5 Points ln 20L3, our first year of this event, Christmas in the Garden brought in 439 overnight stays on our special Christmas in the Garden package at the Oregon Garden Resort on Friday, Saturday and Sunday nights from November 29 through December 22. These were individual travelers visiting Silverton from Portland, Lake Oswego, Salem, Corvallis, Eugene, and from outside Oregon including Washington, Georgia, lllinois, Michigan, Minnesota, British Columbia and Alberta. ln addition, corporate groups came to enjoy the event, producing an additional 74 overnight stays, coming from Kapstone Kraft Paperfrom Washington state (9 room nights), Weyerhaeuserfrom Lebanon (15 room nights)and Mohr Solutions from Bend (50 room nights). Also, groups who usually hold their holiday party at the Resort with no guest rooms, booked lodging for the first time because of Christmas in the Garden, resulting in an additional 28 overnight stays. The total overnight stays generated at the Oregon Garden Resort, purely from Christmas in the Garden were 54L, and overall December 2013 occupancy increased 60% over December 20L2. far for 2014, we have already booked 20 Christmas in the Garden overnight packages at the Oregon Garden Resort, and our projected overall occupancy in December is 43% higher than it was this same time last year. With the addition of Thursday nights, and heightened awareness of the event, we expect event-related occupancy to rise to 622 overnight stays at the Oregon Garden Resort in2014. We will again track these So overnight stays through a special Christmas package at the Oregon Garden Resort, using the Resort's reservation program. 5) Project or Event Objectives: 15 Points Describe how this project or event promotes tourism and economic development (directly and indirectly) in Silverton. This event promotes tourÍsm and economic development in Silverton, because it brings visitors to town during time of year when tourism is usually slow. Through the marketing and promotion of Christmas in the Garden, more than 8 million people were exposed to the event and the city of Silverton, through live TV interviews and commercials, radio spots, feature stories and ads in print and online outlets, social media, marketing collateral and more. This event will bring families and individual travelers to the Silverton area, as well as additional large groups, holiday parties and tour buses. ln2013, more than 72,700 people attended and 541. room nights were generated; in 201.4 we expect about 15,874 people with the addition of three days, and at least 622 overnight stays. ln addition, when the event sees heightened attendance on Friday and Saturday nights, we hire a shuttle to run loops between The Oregon Garden and parking lots throughout town, which gives visitors the option to park in Silverton and shop or eat at other businesses before or after visiting Christmas in the Garden. 6) Event Project/Budget: 15 Points a) List all funding sources for the project. Funding sources for the lights at Christmas in the Garden include sponsorships from private companies of S10,000, funding from the Oregon Garden Resort of 525,000, fundraising efforts led by The Oregon Garden Foundation, with a total to be determined, and an estimated $60,000 in admission paid by attendees. b) ltems that will be purchased with the requested grant funding. We will purchase 580,000 worth of LED Christmas lights in various colors from Hollywood Lights. We will also purchase temporary directional signage to direct people to parking, and then through the Garden and into the Rediscovery Forest, where Christmas in the Garden takes place, at a total of 5750. Requested Grant Real Dollar Match Amount Lighting Costs Marketing Cost Shuttle Cost s6,ooo 574,ooo Sls,ooo Signage Cost 54,ooo Szso Personnel Cost 544,439 Total Costs ln-Kind Labor and Donated Services Total SSo,ooo $o,8zo $2L,B7o s4,ooo sTso S9,813 Ss¿,zst s160,871 a c) L¡st sources of in-kind (volunteer hours), donated services and other grant sources for this event/project. ln 20L3, we enlisted the help of volunteers to set uB the lights, and to be on-site directing and helping guests throughout the event. Twentl, volunteer hours were used during the light setup process, and 408 volunteer hours were utílized while the event was running, for a total of 428 hours, a value of 58¡350.28. We project an additional 102 hours of voJunteer time for the additional three days, totaling 530 hours and a value of $9,813.53 in2Ot4. We also received $6,870 worth of in-kind advertising from 1859 Magazine, The Oregonian, KXL Radio and ComcastTV in 2013. We project the same value in 2014. Attachment 2 to Staff Report 14-62 Tourism Promotion Committee Evaluations, May 19, 2014 PATSO At Large Hotel OwnerOperator Bed & Breakfast Owner/Operator Chamber of Commerce HD Community Festival City Council Silverton Mural Society Silverton Arts Assoc. Area 1 4 5 5 5 4 Area 2a 0 3 5 1 4 Area 2b 0 5 5 1 4 Area 2c 0 4 5 1 3 Area 3 3 5 5 5 5 Area 4 3 5 5 5 5 Area 5 5 13 15 11 14 Area 6 5 15 15 15 15 Total score 20 55 60 - 44 Hotel OwnerOperator Bed & Breakfast Owner/Operator Chamber of Commerce City Council HD Community Festival Area 1 5 5 4 5 5 Area 2a 5 5 5 5 5 Area 2b 5 5 5 5 5 Area 2c 5 5 5 5 5 Area 3 5 5 5 5 4 Area 4 3 5 5 5 5 Area 5 15 15 11 11 14 Area 6 11 15 12 15 15 Christmas in the Garden Total score At Large - 54 60 52 56 54 Silverton Mural Society 46.60 Silverton Arts Assoc. 58 TOTAL SCORES TOTAL SCORES 56.00 Committee comments: Area 1: PATSO – Intriguing opportunity. Hard to believe exposure numbers but don’t doubt them – look forward to seeing those Would like to point out that the website is embarrassing – makes us look uneducated and having no technical skills. Do we really want people looking at this website? Tourism Promotion Committee Evaluations, May 19, 2014 Christmas in the Garden Good description of event, the targeted audience, and results of overnight stays. Thorough explanation of existing event Website is “mobile friendly” Area 2: PATSO – Unproven and difficult to track. Will not let this stand in the way of supporting for a year though due to potential. Does not specifically target off-season period. Christmas in the Garden The event is during Christmas season, the normal off-season for tourist activity. Area 3: PATSO – I find the use of Mr. Rasmussen’s quote on the website home page to be counterproductive to tourism. I expect to see a different approach to encouraging potential visitors to take Silverton seriously. It’s self-promoting and assumes anatomy (as referred to in the quote) is somehow a point of interest to potential visitors. It’s only my reservation. I respect Stu’s and Victoria’s intelligence however, I do not support this “campaign”. Area 4: Christmas in the Garden Not specific enough. Area 5: PATSO – Again, unproven and hard to track, but no doubts that this is the intent. Again, I object to the use of this website to represent Silverton – by looking at the website we could be asking people no to come to Silverton, ever!! Christmas in the Garden – Could do a better job of finding ways to get attendees to spend time in Silverton outside of the garden. Area 6: PATSO – Very reasonable investment for potential return. Unless the website is “cleaned up” I can’t advocate giving any money for the budgeted project. Christmas in the Garden – The budget is realistic. There are sufficient in-kind labor and donations so the grant funds are not the primary funding source. Attachment 3 to Staff Report 14-62 CITY OF SILVERTON TOURISM PROMOTION COMMITTEE MINUTES 7:00 PM I. April 28, 2014 WELCOME, PLEDGE OF ALLEGIENCE: The City of Silverton Tourism Promotion Committee met at the Silverton Community Center on April 28, 2014, at 7:00 PM with Chairman Stu Rasmussen presiding. PRESENT ABSENT X Stu Rasmussen, Chairman; City Council X X Matt Barker; At-Large Norman English; Silverton Mural Society Kyle Palmer; Homer Davenport Days Community Festival X Suzie Couraud; Chamber of Commerce X Excused Excused X Kate Cutler; Hotel Owner/Operator Ginny Merriman; Bed & Breakfast Owner Dwight Berning; Silverton Arts Association STAFF PRESENT: Community Development Director, Jason Gottgetreu II. APPROVAL OF THE MINUTES FROM THE MEETING HELD SEPTEMBER 23, 2013: Committee Member Palmer questioned whether he made the motion to approve the fireworks. After some discussion, the Committee requested that Staff review the audio to confirm who made the motion and to bring the Minutes back to the Committee for approval. III. PUBLIC COMMENT: There were no comments. IV. DISCUSSION/RECOMMENDATIONS: 4.1a Christmas in the Garden; the Oregon Garden Committee Member Barker indicated he is impressed with the return on investment illustrated in the grant application. Brittany Hatteberg, represented the Oregon Garden and answered questions from the Committee. April 28, 2014 Silverton Tourism Promotion Committee Page 1 of 2 4.1b Explore Silverton, OR; Silverton Merchant Association Retail Trades Committee Member Rasmussen presented a report to the Committee on behalf of the Silverton Merchants Association Retail Trades group. He answered questions from the Committee. Community Development Director Jason Gottgetreu said that the next meeting is scheduled for Monday, May 26, but indicated it is Memorial Day. He suggested the Committee meet on Monday, May 19. The Committee considered making their recommendations to the Council immediately. Following discussion, the Committee agreed to meet on Monday, May 19, 2014 at 6:00 p.m. V. ADJOURNMENT: The meeting adjourned at 7:51 PM. Respectfully submitted, /s/Lisa Figueroa Administrative Assistant/City Clerk April 28, 2014 Silverton Tourism Promotion Committee Page 2 of 2 Attachment 4 to Staff Report 14-62 CITY OF SILVERTON TOURISM PROMOTION COMMITTEE MINUTES Drafted for approval; subject to change and/or correction 6:00 PM I. May 19, 2014 WELCOME, PLEDGE OF ALLEGIENCE: The City of Silverton Tourism Promotion Committee met at the Silverton Community Center on May 19, 2014, at 6:00 PM with Chairman Stu Rasmussen presiding. PRESENT ABSENT X Stu Rasmussen, Chairman; City Council X X Matt Barker; At-Large Norman English; Silverton Mural Society Kyle Palmer; Homer Davenport Days Community Festival X Suzie Couraud; Chamber of Commerce X Kate Cutler; Hotel Owner/Operator Ginny Merriman; Bed & Breakfast Owner Dwight Berning; Silverton Arts Association X X X STAFF PRESENT: Community Development Director, Jason Gottgetreu II. APPROVAL OF THE MINUTES FROM THE MEETING HELD SEPTEMBER 23, 2013 AND APRIL 28, 2014: COMMITTEE MEMBER PALMER MOVED TO APPROVE THE MINUTES FROM THE MEETINGS HELD SEPTEMBER 23, 2013 AND APRIL 28, 2014 AS PRESENTED. COMMITTEE MEMBER CUTLER SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. III. PUBLIC COMMENT: There were no comments. IV. DISCUSSION/RECOMMENDATIONS: 4.1a Christmas in the Garden; the Oregon Garden COMMITTEE MEMBER PALMER MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE GRANT REQUEST FOR CHRISTMAS IN THE GARDEN AS PRESENTED. May 19, 2014 Silverton Tourism Promotion Committee Page 1 of 2 COMMITTEE MEMBER BARKER SECONDED THE MOTION AND IT CARRIED SIX TO ONE. COMMITTEE MEMBER CUTLER ABSTAINED. 4.1b Explore Silverton, OR; Silverton Merchant Association Retail Trades The Committee reviewed the grant application and recommended the website have a link to the Silverton Chamber of Commerce. A consensus of the Committee supported the grant, but felt that the Chamber of Commerce website represented all of Silverton’s qualities. COMMITTEE MEMBER PALMER MOVED TO RECOMMEND THE CITY COUNCIL APPROVE THE GRANT APPLICATION WITH THE CONDITION THE SILVERTON CHAMBER OF COMMERCE’S WEBSITE IS USED. COMMITTEE MEMBER CUTLER SECONDED THE MOTION AND IT CARRIED SIX TO ONE. CHAIRMAN RASMUSSEN ABSTAINED. V. ADJOURNMENT: The meeting adjourned at 6:21 PM. Respectfully submitted, /s/Lisa Figueroa Administrative Assistant/City Clerk May 19, 2014 Silverton Tourism Promotion Committee Page 2 of 2 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Item No.: 8.2 Report No.: 14-55 Agenda Type: Topic: Resolution No. 14- 24 A Resolution to Transfer Funds Due to Unforeseen Circumstances to Pay For Interim Public Works Director CONSENT AGENDA Prepared By: K Zaragoza Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff recommends a motion to adopt Resolution No. 14-24, A Resolution to transfer funds due to unforeseen circumstances. BACKGROUND: This resolution is necessary to move appropriation authority from the Personnel Services section to the materials and services section. This transfer will cover the costs of paying for the Interim Public Works Director while the City is in the process of hiring a Public Works Director to fill the current vacant position. BUDGET IMPACT: Attachments: 1. Resolution No. 14-24 FY(s): 2013-2014 Funding Sources: N/A Attachment 1 to Staff Report 14-55 CITY OF SILVERTON RESOLUTION 14-24 A RESOLUTION OF THE SILVERTON CITY COUNCIL TO TRANSFER FUNDS DUE TO UNFORESEEN EXPENDITURES WHEREAS, certain expenditures cannot be accurately estimated during the budget process, these conditions being the need to contract for an Interim Public Works Director; and WHEREAS, Local Budget Law, ORS 294.450 authorizes the transferring of funds in these situations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SILVERTON, AS FOLLOWS: Section 1: The following transfers and appropriations are made: GENERAL FUND Parks and Recreation Personnel Services 010-225-51001 Full Time Salaries Materials and Services 010-225-61059 Contracted Services STREET FUND Personnel Services 020-020-51001 Full Time Salaries Materials and Services 020-020-61059 Contracted Services SEWER FUND Personnel Services 030-030-51001 Full Time Salaries Materials and Services 030-030-61059 Contracted Services WATER FUND Personnel Services 040-040-51001 Full Time Salaries Materials and Services 040-040-61059 Contracted Services City of Silverton Resolution No. 14-24 Increase Decrease $ $ 709 709 1,418 1,418 6,946 6,946 5,103 5,103 Page 1 of 2 Section 2: That this resolution is and shall be effective from and after its passage by the City Council. Resolution adopted by the City Council of the City of Silverton this 2nd day of June, 2014. ______________________________ Mayor, City of Silverton Stu Rasmussen ATTEST: _________________________________ City Manager/Recorder, City of Silverton Bob Willoughby City of Silverton Resolution No. 14-24 Page 2 of 2 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Item No.: 8.3 Report No.: 14-58 Agenda Type: Topic: Resolution No. 14-26 – A Resolution To Initiate An Urban Growth Boundary Amendment and Annexation Of 40 Acres Located On Ike Mooney Road DISCUSSION/ACTION Prepared By: J. Gottgetreu Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff recommends a motion to adopt Resolution No. 14-26 to initiate an Urban Growth Boundary Amendment. BACKGROUND: The City Council received testimony at the May 5th City Council Meeting regarding the possible development of a disc golf course on the 40 acre parcel of land under City ownership located along Ike Mooney Road. The parcel is currently outside the City’s Urban Growth Boundary. BUDGET IMPACT: FY(s): N/A Funding Source: Attachments: 1. 2. Urban Growth Boundary Amendment memo dated May 23, 2014 Resolution No. 14-26 N/A Attachment 1 to Staff Report 14-58 City of Silverton Community Development Department 306 South Water Street Silverton, OR 97381 (503) 874-2207 [email protected] MEMO DATE: May 23, 2014 FROM: Jason Gottgetreu, Community Development Director TO: City Council RE: Urban Growth Boundary Amendment The City Council received testimony at the May 5th City Council meeting regarding the possible development of a disc golf course on the 40 acre parcel of land under City ownership located along Ike Mooney Road. The property was donated to the City by Larry Epping in 2009 for use as a park and a Silverton Fire District Substation. The parcel is currently outside the City’s Urban Growth Boundary (UGB). The property is currently zoned Exclusive Farm Use (EFU) and is under Marion County jurisdiction. Public parks are allowed through the Conditional Use process on EFU land. Establishing a park use on the property while it is outside the UGB would require the City to submit a Conditional Use application to County for review and would have to comply with any conditions of approval and SDC charges the County may impose. Adding the property to the UGB and City Limits would place the property under City jurisdiction, and development of the park would be under City review. Inclusion of the property inside the UGB and City Limits would be necessary for full development of the property, which would include serving the property with water and sewer service. While full development is not in the near future, inclusion of the property in the UGB now provides the City more flexibility in developing interim uses on the site. Development of the site with any interim use would require some type of on-site parking. The logical location for on-site parking would be in the grassy field at the dogleg of Ike Mooney Road. The cost of the parking area would be determined on size and material. The estimated cost for a 20 space gravel parking area is in the $16,000 - $20,000 range. Design of the disc golf course would affect the cost of development and associated maintenance costs. Cost would be higher if there were 18 holes spread over the 40 acres versus a lower cost if the holes where grouped closed together. An Urban Growth Boundary change may be initiated by the City Council when the change proposed is in the public interest and of general interest. The initiation is done be resolution and is referred to the Planning Commission. The Planning Commission would consider the matter in a Public Hearing and make a recommendation to the City Council. If the City Council approves the boundary amendment, it shall adopt it by resolution and forward it to the Marion County Board of Commissioners along with a written request for the board to consider the boundary change and adopt it. If the Marion County Board of Commissioners approves the boundary amendment, both the City Council and Board of Commissioners shall adopt the change by ordinance. The City would file a Comprehensive Plan Amendment, Annexation Application and Zone Change Application concurrently with the UGB Amendment. All these Land Use applications are required to amend the UGB, annex the property into the City and apply the Public Overlay designation. All these applications will have to be filed at some point for development of the site. Completing them now provides the City flexibility in developing an interim use for the site prior to full build-out. Attachment 2 to Staff Report 14-58 CITY OF SILVERTON RESOLUTION 14-26 A RESOLUTION OF THE SILVERTON CITY COUNCIL INITIATING THE PROCESS FOR CONSIDERATION OF AN URBAN GROWTH BOUNDARY AMENDMENT, COMPREHENSIVE PLAN AMENDMENT, ANNEXATION AND ZONE CHANGE FOR A 40 ACRE PARCEL ALONG IKE MOONEY ROAD IDENTIFIED AS MARION COUNTY ASSESSOR’S MAP 071W01 TAXLOT 00100 WHEREAS, the property was donated to the City of Silverton in December 2009 for the development of a park and a Silverton Fire District Substation; and WHEREAS, the City desires to include the property within the Urban Growth Boundary and City Limits to allow the future development of the property as a park and Fire District Substation to be consistent with the Silverton Development Code; and WHEREAS, the City desires to comply with all land use regulations of the City of Silverton, Marion County and the State of Oregon; and WHEREAS, Section 4.11.400 of the Silverton Municipal Code permits the Silverton City Council to initiate proposed Urban Growth Boundary and Comprehensive Plan amendments with the adoption of a resolution when the change proposed is in the public interest and of general interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SILVERTON, AS FOLLOWS: Section 1: That the City Council authorizes the submittal of Land Use Applications to the City of Silverton and Marion County to amend the Silverton Urban Growth Boundary and Comprehensive Plan by adding one parcel located along Ike Mooney Road identified as Marion County Assessor’s Map 071W01 Taxlot 00100. Section 2: That the City Council authorizes the submittal of a Land Use Application to the City of Silverton to annex the parcel and apply the Public Overly designation upon annexation. Section 3: That this resolution is and shall be effective after its passage by the City Council. City of Silverton Resolution No. 14-26 Page 1 of 2 Resolution adopted by the City Council of the City of Silverton, this 2nd day of June, 2014. _________________________________ Mayor, City of Silverton Stu Rasmussen ATTEST: __________________________________ City Manager/Recorder, City of Silverton Bob Willoughby City of Silverton Resolution No. 14-26 Page 2 of 2 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Item No.: 8.4 Report No.: 14-59 Topic: Ordinance No. 14-05 Allowing Display of Merchandise on Downtown Sidewalks Agenda Type: DISCUSSION/ACTION Prepared By: Bob Willoughby Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Motion to have the first reading and pass proposed Ordinance No. 14-05. BACKGROUND: The Silverton Municipal Code (SMC) in section SMC 12.28.040 prohibits any display of merchandise for sale on any city street or sidewalk. There are no exceptions and it does not allow the City Manager to allow exceptions for sidewalk sales or special events. A complaint about a downtown merchant is being processed at this time. The merchant’s response to the enforcement letter is that many other downtown merchants display items on the sidewalk. He listed a number of other violations. The City’s enforcement program is complaint driven. Once these violations are pointed out, Staff will have to commence additional enforcement actions. Before this happens, the City Manager would like a policy decision by the Council. Is the Council OK with keeping the zero tolerance for any merchandise displays? If so, no action is necessary. The current Code prohibits any such displays. If the Council believes that the current practice of a number of downtown merchants of displaying merchandise outdoors is OK, the Council could have the first reading of the attached ordinance. The Council could also amend the attached draft ordinance and have a first reading of the amended ordinance. Staff believes the attached ordinance preserves the essential functions of the sidewalk while at the same time allows a practice that many believe gives the downtown the appearance of a vibrant and active retail district. BUDGET IMPACT: FY(s): 2014/2015 Funding Source: Property Assessment Attachments: 1. Draft Ordinance No. 14-05 allowing retail merchandise to be displayed on downtown sidewalks. attachment 1 to Staff Report 14-59 CITY OF SILVERTON ORDINANCE 14-05 AN ORDINANCE OF THE SILVERTON CITY COUNCIL AMENDING SECTION 12.28 OF THE MUNICIPAL CODE REGARDING DISPLAY OF MERCHANDISE ON PUBLIC SIDEWALKS WHEREAS, The City Council of the City of Silverton is charged with providing for the health and safety of its citizens; and WHEREAS, a public purpose will be served by expanding the potential locations for outdoor sales and displays in order to create more active and lively public and pedestrian spaces while attracting commercial activity to local businesses; and WHEREAS, the City Council has determined that the appearance of an active and vibrant retail business community is enhanced by maintaining and encouraging the historical character of the downtown business district; and WHEREAS, the display of merchandise on a public sidewalk is historically a characteristic of a business district. NOW, THEREFORE, THE SILVERTON CITY COUNCIL ORDAINS THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE SILVERTON CITY CODE AS FOLLOWS: Section 1: No person shall use any street or sidewalk, or portion thereof, for selling, storing or displaying merchandise or equipment except as follows: A. Merchandising in the public right-of-way shall be allowed only in the Downtown Commercial District on the public sidewalk along the business frontage of an associated ground level retail space, provided that all products are sold within the principal use, all merchandise and related fixtures are removed from the Right-of-Way at the end of the business’s hours of operation, and the use does not encroach on door openings, drive aisles, parking areas, loading zones or fire lanes, and maintains a 60 inch unobstructed pedestrian way. B. Placement of all merchandise must also adhere to the requirements of the Americans with Disabilities Act and all other applicable standards and shall not unreasonably obstruct sidewalk spaces or inhibit the free passage in such areas. All merchandise and/or supporting structures must be placed on the ground, and may not be affixed exclusively to the face of the building. Displays of merchandise may not obstruct ingress to or egress from the building. C. Merchandise and supporting structures shall not project more than two feet (2’) from the property line of the building housing the permanent retail operation. City of Silverton Ordinance 14-XX Page 1 of 2 Section 2: D. All merchandise and supporting structures shall be kept clean and in good repair. E. No electricity may be used in conjunction with the display of merchandise, for artificial light or any other purpose. Electrical goods which are not plugged in may be displayed. F. Any merchandising display must be removed whenever required by City personnel. G. Tobacco, tobacco-related products, liquor and any related merchandise, and any merchandise otherwise prohibited from being sold outdoors shall be prohibited from being displayed and sold under this ordinance. This ordinance shall be effective upon and from 30 days of adoption. Ordinance adopted by the City Council of the City of Silverton, this 2nd day of June, 2014. Mayor, City of Silverton Stu Rasmussen City Manager/Recorder, City of Silverton Bob Willoughby City of Silverton Ordinance 14-XX Page 2 of 2 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S. Water Street----(503) 873-5321 Agenda Item No.: 8.5 Topic: Appointment Of Pro Tem Municipal Court Judges Report No.: 14-60 Agenda Type: DISCUSSION/ACTION Prepared By: Bob Willoughby Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Motion to authorize the City Manager to enter into a contract with Lori L. Coukoulis and A. Carl Myers appointing them as pro tem judges for the City of Silverton. BACKGROUND: Jan Zyrynoff has been the Municipal Court Judge since 1991. The City contracts for her services through the Marion County Justice Court. She may be changed to full time status with Marion County and may have to resign as Silverton’s judge. If that happens, she has agreed to continue to provide services until a new judge can be appointed. She will know her status in the next few weeks. She is recommending that the Council appoint two pro tem judges at this time. A pro tem judge serves at the request of the Municipal Court Judge whenever she is not available. If she does resign, this will give the Council two choices from which to select her replacement from candidates that have some experience as Silverton judges. If she doesn’t resign, it will give her two pro tem judges to serve in her place whenever she is ill or on vacation. Attached as Attachment 1 is Judge Zyrynoff’s email requesting this action by the Council. Attachment 2 is Lori Coukoulis’ resume. Attachment 3 is A. Carl Myers resume. BUDGET IMPACT: None Attachments: 1. Judge Jan Zyrynoff email 2. Lori Coukoulis resume 3. A. Carl Myers resume Attachment 1 to Staff Report 14-60 Lisa Figueroa From: Sent: To: Subject: Attachments: Bob Willoughby Tuesday, May 27, 2014 8:40 AM Lisa Figueroa FW: Pro Tem Judge 20140521101741550.pdf; ACM Judge Resume 2014.doc Bob Willoughby City Manager 306 S Water St Silverton, Oregon 97381 Phone: (503) 874‐2205 Fax: (503) 873‐3210 Email: [email protected] The City of Silverton is an equal opportunity employer and service provider. PUBLIC RECORDS LAW DISCLOSURE: This is a public document. This email and any reply is subject to the State Retention Schedule and may be made available to the public. ___________________________________________________________________________________________________________ From: Janice Zyryanoff [mailto:[email protected]] Sent: Wednesday, May 21, 2014 6:32 PM To: Bob Willoughby Cc: [email protected]; Carl Myers Subject: Pro Tem Judge Bob, Attached are two resumes, that of Lori Coukoulis and A. Carl Myers. I recommend that both of these attorneys be appointed a pro tem judges for the City of Silverton. Each individual I believe has the skills to serve in this capacity. Carl Myers is the municipal judge in Keizer and Jefferson and has practiced law in Salem for many years. He also is the lobbyist for the Municipal Judges Association and for the Oregon Justice of the Peace Association. Lori Coukoulis has been both an associate district attorney and a defense attorney in criminal cases for many years, she has been appointed as municipal judge in Hubbard and in Aurora. She as served as prosecuting attorney in Hubbard Municipal Court for more than 10 years. I recommend that Silverton City Council appoint them both to serve as municipal judges pro tem. Jan Zyryanoff 1 Attachment 2 to Staff Report 14-60 LORI L. COUKOULIS 606 NE Second Street McMinnville, Oregon 97128 P: (503) 472-5674 F: (503) 474-0389 [email protected] EXPERIENCE Municipal Court Judge for the City of Hubbard, Hubbard, Oregon - May 13, 2014 - Present Municipal Court Judge for the City of Aurora, Aurora, Oregon - May 13, 2014 - Present Pro tem Judge for the City of Woodburn, Woodburn, Oregon - March 26, 2013 - Present Sole Practitioner, Trial Attorney, McMinnville, Oregon 1996 – Present Practices criminal defense of “A,” “B,” and “C” felonies; “A,” “B,” and “C” misdemeanors; Measure 11 cases; and is murder qualified. Handles domestic relations, juvenile and family law matters, including custody, child support, and parenting time cases. Handles traffic matters, wills and durable powers of attorney, and personal injury cases. Hubbard and Dundee Cities, Hubbard and Dundee, Oregon Dundee City Prosecutor, 1996 – Present Hubbard City Prosecutor, 1996 - May 13, 2014 Yamhill County District Attorney’s Office, Yamhill County, Oregon Assistant District Attorney, 1993 – 1996 Prosecuted “A,” “B,” and “C” class felonies, Measure 11, and all misdemeanors. Engaged in jury trials, sentencing, probation violations, grand jury hearings, contempt hearings, and juvenile proceedings. Handled pre-trial negotiations, preparations, and motions. Interviewed victims, witnesses, and defendants. Prepared judgments, motions and probation violation orders. Curry County District Attorney’s Office, Curry County, Oregon Assistant District Attorney, 1991 – 1993 Prosecuted “B” and “C” class felonies and misdemeanor, traffic, and violation cases. Engaged in jury trials, sentencing, probation violations, grand jury hearings, contempt hearings, and juvenile proceedings. Handled pre-trial negotiations, preparations, and motions. Interviewed victims, witnesses, and defendants. Prepared judgments, motions and probation violation orders. _ The Honorable Robert J. Morgan, Clackamas County Circuit Court, Oregon City, Oregon Judicial Clerk, 1988 – 1991 Researched and analyzed civil and criminal legal issues and wrote legal memos. Handled all evidence and court files and organized daily court proceedings. Trained staff, served as bailiff, and coordinated juries. The Honorable Richard J. Burke, Multnomah County Circuit Court, Portland, Oregon Judicial Clerk, 1987 – 1988 Researched and analyzed legal issues and wrote related briefs and memos. Handled all evidence and court files and organized daily court proceedings. Trained staff, served as bailiff, and coordinated juries. Steven Paygr, Attorney at Law, Portland, Oregon Law Clerk, 1983 – 1987 Researched and analyzed legal issues, wrote legal briefs, conducted investigations, and handled pre-trial preparations, prepared trial notebooks. Ledwidge & Ledwidge, Attorneys at Law, Portland, Oregon Law Clerk, 1986 – 1987 Steve Moen, Attorney at Law, Portland, Oregon Law Clerk, 1986 – 1987 EDUCATION Northwestern School of Law, Lewis & Clark College, Portland, Oregon Juris Doctor, 1987 Lewis & Clark Legal Clinic Queens College of Law, University of Oxford, Oxford, England Study Abroad Program, 1986 University of Oregon, Eugene, Oregon Bachelor of Arts, English and Literature, 1982 Honors: Outstanding English Literature Student BAR ADMISSIONS Supreme Court of Oregon U.S. District Court for the District of Oregon 1990 1991 PROFESSIONAL ASSOCIATIONS Oregon State Bar Association Yamhill County Bar Association 1990 – Present 1993 – Present Former President Former Yamhill County Peer Court Judge Former Yamhill-Carlton Mock Trial Coach Liaison for District 12 to Senator Brian Boquist 2010 – Present Board Member, Yamhill County Justice Alliance Center 2011 – Present Yamhill County Circuit Court Safety Committee 1993 – 1996 Curry County Bar Association 1991 – 1993 Attachment 3 to Staff Report 14-60 Resume Of A. CARL MYERS ATTORNEY 1815 Commercial Street SE, Salem, OR 97302 Telephone: 503-399-9219 E-mail: [email protected] 1. EMPLOYMENT U.S. Army, 1969-1971, Honorable Discharge, Vietnam veteran, 1970-1971. Sole Practitioner; A. Carl Myers, Attorney at Law, 1990-present. Practice Emphasizing Business Law and Government Relations, including Lobbying, Representation before state and local licensing boards, commissions, and governing bodies. Municipal Court Presiding Judge, City of Keizer, 1999-present. Municipal Court Presiding Judge, City of Jefferson, 2005-present. Municipal Court Judge Pro Tem, Cities of Sherwood, Hubbard, Woodburn, 2000-present. Municipal Court Judge Pro Tem, City of Keizer, 1983-1999. Partner; Ramsay, Stein, Feibleman & Myers, P.C., 1981-1990. Sole Practitioner, 1975-1981. Admitted to Oregon State Bar, September 1975, OSB No. 75273. 2. WORK EXPERIENCE Government Relations Consultant, Oregon Municipal Judges Association and Oregon Justices of the Peace Association, 1999-present. Government Affairs Consultant, Oregon State Bar Association, 1990-2001. Government Relations Consultant, Oregon Juvenile Department Directors Association, 1996-2004. Lobbyist, Oregon State Legislature, various clients, 1988-present. Trial Attorney, civil and criminal. City Attorney, Mill City, Oregon, 1976-1981. Court appointed to represent at-risk children in custody and adoption cases. Appeared in Oregon Court of Appeals, Land Use Board of Appeals. Certified before U.S. Federal District Court for the District of Oregon. 3. PROFESSIONAL ACTIVITIES Speaker, numerous seminars on legislation and lobbying, 1990-present. Economics of Law Profession Committee, Oregon State Bar, 1986-1989, Legislative Liaison. Chair, Joint Oregon Shorthand Reporters Committee, Oregon State Bar, 1986-1989. Executive Committee, Administrative Law Section, Oregon State Bar, 2000-2002. Member, Estate Planning Section, Oregon State Bar. Public Service and Information Committee, Oregon State Bar, 1982-1986. Oregon Revised Statutes Revision Committee, Oregon Legislature, 1989-1991. Editor, 1987 Oregon Legislation Notebook, Oregon State Bar. Marion County District Court Judge Pro Tempore. Judge, International Law Moot Court Competition. President, Oregon Municipal Judge’s Association. Recipient, Oregon State Bar Public Service Merit Award. Resume of A. Carl Myers Page 1 of 2 4. COMMUNITY ACTIVITIES Capitol Planning Commission, State of Oregon, 1987-2001, Chair 1995-2001. Board of Directors, Oregon Club of Salem-Keizer, 1981-1990, 1998-2006. Board of Directors, Oregon's Heart Light (charity for children) 1985-1992. Campaign Director, Yes for Your Schools Committee, 1984-1986. 5. EDUCATION Doctor of Jurisprudence, University of Oregon School of Law, May 1975. Bachelor of Arts, Political Science, University of Oregon, June 1969. 6. REFERENCES References provided upon request Resume of A. Carl Myers Page 2 of 2 CITY COUNCIL REPORT: CITY OF SILVERTON TO THE HONORABLE MAYOR AND CITY COUNCILORS 306 S Water Street---- (503) 873-5321 Agenda Item No.: 8.6 Report No.: 14-61 Topic: Resolution No. 14-27 – A Resolution Authorizing Signatures on City Bank Accounts Agenda Type: DISCUSSION/ACTION Prepared By: Kathleen Zaragoza Meeting Date: June 2, 2014 Reviewed By: Bob Willoughby Attachments: Yes No Approved By: Bob Willoughby RECOMMENDED MOTION: Staff recommends Council adopt a motion to approve Resolution No. 14- 27. BACKGROUND: The City has experienced a change in Staff and needs to change the authorized bank signers for the City of Silverton. This will provide continuation of ongoing City operations regarding banking transactions. BUDGET IMPACT: Attachments: 1. Resolution No. 14-27 FY(s): N/A Funding Source: NA Attachment 1 to Staff Report 14-61 CITY OF SILVERTON RESOLUTION 14-27 A RESOLUTION OF THE SILVERTON CITY COUNCIL AUTHORIZING SIGNATURES ON CITY BANK ACCOUNTS WHEREAS, it is now necessary to change authorized signers on the City bank accounts with the following banks due to a change in Staff. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SILVERTON, AS FOLLOWS: Section 1: Resolution No. 12-01 is hereby repealed and replaced by this resolution. Section 2: That the following persons are authorized signers and whose signatures appear above the respective authorized offices. CITIZENS BANK _____________________________________ Stu Rasmussen, Mayor ____________________________________ Bill Cummins, Council President _____________________________________ Robert Willoughby, City Manager ____________________________________ Jeff Fossholm, Police Chief ____________________________________ Kathleen Zaragoza, Finance Director ____________________________________ Sarah Crofts, Accounting Manager (ACH TRANSACTIONS ONLY) OREGON STATE TREASURY ACCOUNT: Local Government Investment Pool _____________________________________ Robert Willoughby, City Manager City of Silverton Resolution No. 14-27 Page 1 of 2 ____________________________________ Kathleen Zaragoza, Finance Director ____________________________________ Sarah Crofts, Accounting Manager (ACH TRANSACTIONS ONLY) Section 3: This resolution is and shall be effective from June 2, 2014 after its passage by the City Council. Resolution adopted by the City Council of the City of Silverton this 2nd day of June, 2014. ______________________________ Mayor, City of Silverton Stu Rasmussen ATTEST: __________________________________ City Manager/Recorder, City of Silverton Bob Willoughby City of Silverton Resolution No. 14-27 Page 2 of 2