City Council - Regular Meeting

Good evening. I'd like to welcome everyone to the city council meeting of Tuesday, March 3rd. Call the meeting in order and that's for approval of the agenda. I move to approve the agenda excluding line item number two um and the rest as presented. Is that the um audited? Yeah. Oh, the packet was Okay, I'll start over. Okay, sir. I move to approve the agenda as presented and request that all presentations and discuss and discussions be conducted respectfully and in a management of everyone's time. Second. Okay. All in favor? Yeah. Yes. Yes.

Okay. So, uh first on the agenda we have public comment. If you'd like to make public comment um please raise your hand when we come up. Give your name and mailing address. Keep it under three minutes of kind respectable comments. Michelle uh it might not surprise you all that I'm actually here to put in a good word for search and range. Me and Tim are on the opposite side to defense a good amount of on a good amount possibly being have been a recipient of his criticisms criticism on a few occasions, but I'm not on Facebook, so that's usually over my head. I was nervous when he was appointed to DRB. I even thought I possibly maybe would have to quit. That said, while he was on DRB, I found him perfectly reasonable and respectful to work with. He never disregarded my me or the rest of the thoughts or input. He clearly respected my experience on the committee and I thought we had to start the discussion. I also believe him to be a strong advocate for affordable and many middle housing the number one issue plugging our town. He has shown a strong commitment to the city of Canon Beach and his communities. I the thing I feel like we all need to remember is be reminded of is in a bigger city we wouldn't know all these details about each other's lives and how we spend our free time is completely all right as individuals we are. I believe in the system and how it's supposed to work. We're supposed to disagree. We're supposed to push back and ask questions. This cult cultivates critical thinking. I believe this to be part of the democracy. The main principle of democracy is based on political equality, ensuring all citizens have say aka power of the people. Uh it requires the rule of law, protecting the minority

rights, and guaranteeing civil liberties like freedom of speech. While he has been a good addition to GRB, I truly feel his background and experience would be suited for planning and advocating for steps forward to help alleviate the very prevalent issue of housing insecurity. Thank you for your time. Thank you. Anybody else? Andrew

John 664. Before I get started, I just want to say that day life between Michelle and I, we don't agree on just just to put that out there. I am also here to speak uh in favor of Tim Ramy joining planning commission. Uh Tim and I have disagreed vigorously over the years, but we've moved from animosity to understanding and even if it's when we agree to disagree. Uh Tim's work on the budget community has or budget committee has brought to light numerous issues and cities better for it. His work on DRB has shown comedy comet. Uh his private communications are his right. He has at least he at least had the courage to stand by his convictions rather than whispering in private. Uh and while these writings may have rubbed some of us the wrong way, one cannot disagree. They demonstrate investment in the workings of our community. But the real reason I'm supporting Tim is because [clears throat] much as anyone in Canon Beach, Tim has been amongst the most vocal supporters of increasing housing stock and in searching for and loving uh solutions big and small. I believe he cares about the issues beyond his own property line. understands the difficulty housing scarcely has brought upon our community with businesses, residents, workers, and that he has invested in developing innovative and meaningful solutions. To be sure she to be sure, years of talking and scant results show in terms [clears throat] of housing status quo is not working. Having likeminded folks can leave us stuck in echo chambers. Uh remember the famous maximum maxim of Abraham Lincoln that he saw a team of rivals believing that such would deliver the best results. The results I'm hoping for is tangible progress on having him and I believe adding Tim Ramy to the planning commission to step in that direction.

Thank you. Anybody else in the audience? Anybody on Zoom? Yeah, I have Matthew Curtain. Go ahead, Matthew.

Matthew, you're muted.

Go ahead. We need to unmute please.

There we go. My name is Matthew Curtin and I live at 163 East Monroe with my husband Richard TB. I'm making a statement to the city of Cana Beach this evening, pleading again [clears throat] with the city to do something about the elk population, wrecking havoc in the neighborhoods and yards across the city which have created an unsafe space for residents. As senior citizens and retirees, there are many times when we do not feel safe leaving our house to take walks and space in our yard because of the abundance of elk. We have contacted the city on several occasions to develop a plan, asking the city to develop a plan that includes engaging with residents to call the herd of elk, a herd that is expanding almost monthly. There is little if any action that has addressed our safety concerns that we are aware of. By doing nothing, the city is creating and perpetuating an unsafe environment for residents and allowing herds of elk to damage our landscape, deterring us from walking and enjoying the outdoors and putting us in harm's way. Our landscape yard and garden are damaged on a regular basis. And we have spent hundreds, if not thousands of dollars on landscape and planning, only for the city to turn their backs on us as retirees trying to enjoy quiet and peaceful times at Canon Beach. Again, the city must support us and strive to create and maintain a safe environment for all residents and visitors. Thank you.

Thank you. Anybody else? Okay. Thanks. Anybody else in the audience? Okay. So, we'll go on to our first action item, which is finalizing city manager Bruce St. Genesis performance review for 2025. And Jody is here to lead us in the profession. Good evening, Jody. Good evening. Can you hear me? Yes, we can.

Um, [sighs] so gonna pull up Heather's email here real quick. So the evaluation was completed I believe in February and unfortunately Heather is out of country. So I am here to simply help you procedurally decide whether or not to adopt. I cannot I know that Ashley used to present it to you, but unfortunately because Heather's not here and I did not write the memo, I cannot present it to you. So, I'm here as you need me to. But generally speaking, if if you agree with with the evaluation written, move to adopt. Um or else we can we can delay the vote until Heather returns, which is in another I think three weeks.

Okay. I think we had a good discussion last time and we were all in agreement. Yeah. I move to approve the results of city manager um St. Dennis's performance evaluation for 2025. The council agrees St. Dennis successfully performed his duties as city manager. Any further discussion? Okay. Roll call, please. Council [clears throat] Mcur, yes. Councelor, yes. Councelor Hammond, yes. Councelor Hayes, yes. Mayor, yes.

Okay. Anything else?

Okay. Sorry. So, I do believe that you'll also need to vote on the merit increase as a as a pro procedural next step on that since you approve the evaluation. Okay. Anybody?

I am not prepared [clears throat] to do that. [snorts] We have a motion here. to grant [clears throat] or a motion to not grant either direction. You can you can take you can make a motion and and um stay it until Heather can return if you have questions or you can just not you can ask that it be added to the next council meeting agenda maybe even two agendas out so that we know Heather's back for discussion. It seems like in the [clears throat] past in the past you had a little bit more information in here.

Okay. Um and unfortunately I don't have a way to get a hold of Heather. [laughter] So I recommend that you um postpone that decision until when uh when is your next council meeting? She should be back on March 21st, I believe. So put it on in the first April meeting. Okay. I'm fine with that. But um I will let her know that you're looking for direction. Yes. Go ahead. [clears throat]

Yeah. Feedback off of your audio, I think. [laughter] I didn't any of that. Um I heard Rusty say that you're getting feedback off of me, so it might be a mutual thing. Um I will tell Heather that um you're looking for direction and you're hoping to discuss this as an agenda item on your April I'll look up the date meeting. Did you get that? April 7 is April 7. I will tell you that. Okay.

Yeah. I want to complete my thought. Um in the past we've had um a survey of u kind of regional merit increases and I think that that needs to be part of our consideration. We also we did receive a survey of the total compensation packages in the surrounding area and I think that was in November. So you might be able to

I would like a review on it. Uh I would also like an update on the stats of the uh compensation for uh I forgot the the completion of uh the city hall. I I just I would like to be refreshed on where we left that because it's uh is it considered sub? Oh, it's it should be getting close to being considered substantially complete by August for city hall. Well, that's when it's complete. [clears throat] No, that's substantial. I'm not sure. There's a there's a time frame. It's listed as substantial completion in the timeline. We have it's August

presented to the for that project. It's listed as substantially complete. Well, it would be in August. There's a there's a date listed in their timeline saying it looks like that was the completion date and I think there's a difference between complete and substantially complete. Uh in fact I believe the police station is considered substantially complete right now. Is that a

substantial completion usually means occupancy? Correct. And then there's pickup work. One might say building can be used as it's for its intended purpose to be substantially complete to which it's not currently substantially complete. Sorry. Although it is building wise substantially complete. It's just a it's a very obscure definition project is scheduled, but but an update on that compensation would be helpful for discussion as well. To see if there's been any changes. Okay. Is that correct?

Yeah. Changes. Do we need to make a motion for that? No, I don't think so. Jody, we don't need a motion. Correct. A motion to talk about this in that meeting. I need a motion for that. Okay. Okay. Thank you. Okay. So, next we have the city hall and police station project update.

Mayor, we have Lesie Jones. you'll see project management on the project and Jason is a principal at give you a welcome back. Thank you. Happy to be here. So, as it was just mentioned, both projects are moving along and a and a great clip of getting closer to being complete. Um, as an update on City Hall first, where we are currently, the what is in your packet as always is a snapshot in time. Those photos are already uh a little bit outdated. what is currently happening for the city hall project. Um finishes are being installed um on the exterior. The siding is continuing. Um the windows are all installed. I believe that's new since last time. The roofing is complete. We got lucky and had a beautiful weather window in January that EMC used to the best advantage. And um the image that you see in your packet, that's the in insulation being installed up on the roof. Um the one at the bottom center, that's the roofing um installed in our mechanical well. So that's where the mechanical equipment will go um in the center of the building. On the interior finishes there are ongoing. um painting and ceilings are about to start install that will be followed by tile case work and flooring

those items that really allow you to see and envision how that space will be used. Um also ongoing now in the site work we have the um concrete the accessibility ra and plaza those are being formed on the schedule here shortly. Um the budget update for city hall. There's not too much to talk about here except there will be a little bit more ins about the furniture but generally we are on track. Um there's no new contingency use that we have to present here. Um and so unless there's any questions I think we can move on from there.

Um I have a question. Um, I received notice in the mail about a DRD hearing for a change and design request city hall. What's the design request change? Does anything?

So, there's a couple components to it. One is the um low retaining wall at the Evergreen between the city hall and the parking for lower level. Originally, we had intended to keep that retaining wall. It was um in an attempt to sort of limit the scope, limit the cost. It was working in place and so we didn't design a new game wall. Um as the grading happened, we looked at the condition of those railroad ties, which was the previous material. And because they're grinding right up to it, the question was asked if we should for longevity replace it with a stone wall. And so that's one of the items that is being presented to the BB. Um, also in the landscape strip along the sidewalk there between the sidewalk and the street when that was um dug in there, we found a water line that is closer to the surface than we anticipated. And so that impacted a couple things. We had a street light that we had anticipated replacing one of the globe lights there. The foundation for that conflicts with that water. And so we're proposing to leave that one light in place. It will still match the lights across from Gas um instead of replacing it with one of the new ones. And the third item in the same vein there about that water line. The water line is right under where we had planted or intending to plant shore pines based on working with the arborist previously. The arborist came back out and is no

longer recommending that. Uh there's a couple problems. So the water line is one. Um, also there's an infestation currently with shorelines and so we're looking at alternate legacy trees. Um, yes. So I think along that strip it will be I believe a reduction of one tree and there will be smaller trees. Um and they will be pushed a little bit further back where the water line is a little deeper and their survival chances are better.

Okay. And is it are these all these changes affecting the budget negatively? Um there will be associated costs with that retaining wall replacement. Um anything else? No, it's just I mean it's the kind of the beauty of a GMP is that we got to find ways to find savings within the budget before we go to a contingency use. So it's kind of right now just up to what the final design ends up being and then if we can work some magic around. Okay.

Um we're still have a significant amount of contingency here which was part of the the decision. So it don't end.

I have a question. Um, what was the 3750 the bowling for in contingency owner contingency? Um, but I would need to work back. I believe that is an insurance that is what we call an insurance related item like I think there's a public work only for all the improvement projects so you can do that. Yeah, you're right. And what did you say that was J?

It's a public improvement project fee. So every time you do a public works or public fun there's a half and it's file.

So that's just it just funds fully. There's a whole sheet you have to fill out. I just wanted to make sure it wasn't some kind of fine violation. We would have heard about that. Well, one would think. Yeah. Okay. Any other questions? Okay.

Okay. On to the police station. Um the police station remains a little further ahead. Um there the exterior sighting is complete. Uh for the interior walk, we actually have our our punch walk tomorrow. So, we will be walking the interior of the building and looking at all the installs um to make sure they conform with the documents. And that is it's actually part of how we get to a substantial completion date. Um, typically we go out, we look at the project, form a list of work remaining, that work gets gets priced and then when that's done, we'll look at the calendar and put a date on the substantial completion. um we anticipate that likely in April, I would say, is when we're looking at the formal um completion date and then we're looking at a a move date in April and a formal opening in May. So, it's getting very close.

Look at May. Um the exterior work there that's still ongoing. [clears throat] So asphalt I think is getting ready in the next few days. Um there's some exterior light fixtures, exterior details and landscaping that is still pending. Um on this site I will say we have lots of shore finds as well. arborist went to both sites at police were able to maintain all of the planned doors. Um the images here you see are the finishes. So the case work, the um rug rail, the hallway, the squad room, and then those exterior details that are still underway. the budget for PD um here too. It's going well. We have less contingency here. And I do want to um forecast one more item that it's a it's an approved use that will come through the the billing cycle next month. Uh last time we talked about that utility work under the highway that's now been completed. Uh when they dug to do that work, it turned out that that water line needed to go deeper than they had anticipated and so there was an additional cost there. Um that was well the number is 18,697 for that and that yeah next time at the next update

and then you're not anticipating any other items. That still will leave contingency. So, as the project's near completion, we're looking at um how much exactly that will work out to be to get that money back to the city. Um similarly with schedules, we're looking at one year's end looking at ways to expedite that. Um particularly with city hall, there may be ways to move that schedule with the road.

Yeah. as as we as we get to this point in the job, we'll start reconciling the budget so that way we can look at any savings that are there to pass on maybe even carry over to city hall. Um so as we have the contingency that's remaining and we might we're right now we're projecting to have some GMP savings. Um, we don't have a figure on that yet, but we are working to try to see what that's going to be. So, we feel like that's really good news to come to an end, especially having these large hits that we had with the contingency going underneath the highway that we have not only savings in a GMP, but we still have savings left and a contingency that we can carry over. And then as CEDA, PNC continue to work together on city hall, we're finding all these ways to try to expedite a schedule. Faster schedule means less general conditions. Um, another item to consider is if we can get everybody moved in fast enough that gets everybody out of those trailers and you can take off rent off of those trailers. Um, other items to consider is I know early on we talked about a potential purchase of one of the trailers. The faster that you can if y'all can come up with a a decision on whether or not you want to purchase that trailer, that's even more dollars that you're saving on a GMP budget going forward. So, these are things that we're constantly looking at. You know, we, you know, I believe Ceda and PNC, we've said it all along and talk about how it's not we want to deliver you a great building. We want to deliver it on time and we would like to try to get you money back. And these are ways that we're constantly looking on trying to do those and meet those goals for you. Is there any questions you have on the

budget or what's out there? I have a question on the police station, not the budget. They might go into the budget, but uh you mentioned um waiting for asphalt for Hagen the burning area. Yeah. Um with the times that you have uh with looking like you're projecting final occupancy mid April. Um is the asphalt plant going to be open? Can we get final occupancy without the part not being paid? Yes, it's going to be open and we'll be able to pay. We're already on the process of final grading right now. And it'll be open for us to get because I know sometimes they'll it'll take late spring before they finally open.

Yeah, we had talked to them early on uh because sometimes plants will open up special like we even looked at that during the December January time frame but this particular plant had shut down to do some machinery work. So they weren't going to open up at all. So we had talked to them months ago on preparing for this time. Okay. Yes sir. [clears throat] Any other questions?

I think the last thing we have there which we've already covered is the schedule. Um this shows when we started and where we've gotten to. So on the the police site, what you see there is us pulling back from some of those original lessons, finishing a little bit earlier than we have anticipated.

Any other questions? Good job. Thank you very It was a public works and 7,500 is okay. Thank you for joining.

Okay. So, next on the agenda, we have the [clears throat] reward of cooperative contract for the purchase of office furniture and pictures of city hall. Well, staff recommends that the furniture and fixtures for the new police station in city hall be purchased through state of Oregon permissive cooperative contract. Utilizing a cooperative contract, state of Oregon will benefit the city by allowing it to utilize pre-negotiated cooperative purchasing terms that are expected to offer both cost effectiveness and a streamline procurement process. The budget for the furniture for city hall is set at $350,000 if we go with the company called hyphen and those have already been bid. Um and anybody in the state can use the contract and there were other companies steel case and others that that we could have used also but um the the hyphen purchase for all the furniture including the additional chairs I'll explain that and then was 278,000. So budget is 350,000 and the cost including the additional chairs is 278,000. The additional chairs is that we had ordered um I believe the number was 40 chairs for the uh audience area in the chamber and the chamber is built to be able to handle more than that and we couldn't buy that particular chair in like a quantity of 20. we had to buy in quantities of 80. And so, um, we found a

very similar chair and we're able to buy 20. And so, there's a separate purchase order in here to exhibit B and that is um shows the cost of the the additional 20 ships. We have um three exhibits. This one, exhibit A. If you look, it has um the different generic spaces. For example, first one is small medium conference room. It tells you there's two of those that are designed. um explained it and talks about what the chairs are the only prefer conference chairs and cases relay conference stating to power our day and the cost on those ranges from 10,350 to 12,862. We have that for everything including the 13 offices which are priced [clears throat] at 5625 to 84 8,419. So if there we have information we can talk about any of the um the suites or the combinations and then we have in the US is it um what room each one of these things exists in so you can get a better handle on where you will be placing you know I'm sorry furniture for four years four years etc. I mean to the offices.

Anybody have any questions? So, we're just uh uh moving forward with the city hall, but the plan is to use uh the same process for the police. So, we'll do that later. We've already done the it was below the limit. So full limit I think it's 250. Yeah. I don't remember what the um furniture cost. It would be nice to know.

Yeah, I I'm sure Rusty that's I mean that works for me. Rusty said 144,000 for the police station was where it was here. Um I'll move to award the furniture and fixtures and additional council chamber chairs for city hall. Okay.

I um just for the record, I would like to say one thing and doesn't need you need any commentary, but I um I absolutely 100% think that this city hall is completely overbuilt and I think we spent entirely too much money on the fin project. That's all.

Okay. Any other further discussion? I have a question about uh the furniture. So, this is just furniture. This is just chairs, desks, and cable systems. the that that's all I saw in here. The um file cabinets, the other office style furniture that exists in there, is that all stuff that got put in storage? Is it going to get reused or are we going to have another before us purchase other stuff related to city operations within the office space? things when you check for one.

And I have one I have another qu while he's looking I have another question too on these that say two and like 13 and three like the the acoustic solutions. Is that three at 15,000 or each or is that the total? That's the total. Okay. There's three states in which they're doing big treatments in and the total is that 15 by Thank you. The three spaces or the two conference rooms and half the chambers. The break room. Yeah. The break room and coffee room and chamber. One of the conference rooms. Thank you.

Chamber. No chamber is a different one. Not American. Yes, I can address ahead. Okay,

I can start with you. So, the three areas are as it says the the conference room, the room, and the break room. Those are the head the staff areas that we're building for those are in this furniture package. the council chamber, the acoustic treatment there is covered by PMC. That's part of the that's incorporated in the GMP. That's why you don't see it here. Um similar with the case work and those other buildings that's all accounted for in the

other. All right. So, we [clears throat] didn't say any furniture. We just threw everything away. There was 45 chairs that we were bringing out of storage and they were going to clean for 4500. Those are the chairs that are in the council. The one the blue one um on the attachment feed must be this the first at the bottom of the first page it says in there deliver the 45 existing chairs and the new 20 chairs.

Yeah. And then cleaning the existed for the existing 49 file cabinets etc are included in the price and they're listed on um I think this is exhibit B no exhibit Cy validation package and And if you're looking at some of the pictures that shows the file cabinets.

Well, I saw that. I just didn't see a price listed in the in the exhibit audience. Yeah, I I can't hear what you're saying. I'm sorry. I was I was mumbling to Bruce. Okay.

I was just letting him know I was getting him on board with where Eric was is all just because in attachment B it's only for $6,800. When Bruce is saying that all of this is included, all the filing cabinets and everything are included in this 287,000 or whatever the number was. Um, and so that must be the private where it says private offices 13 and that calls out the task chairs, the desks, personal storage. Is that what that is? Yeah. Oh, so so it's just it's an etera that's listed within that.

It's the 13 private offices. Yeah. Yeah. And so there's maybe a dot dot dot after the cable bar basket, but it looks like and same with the remaining areas. Then you go down past the acoustic and the remaining areas furniture for open office workstations, break room, wellness room, it blah blah blah. That's all in the rest of this generic furniture. Yes. And that's why this attachment C is in there that shows us all the stuff. Yeah. There's Yeah, it says for your letter.

Yeah. And then it calls it out and attachments to each for each office. Any other questions? Okay. So, we have a motion. Second. Okay. So, yes. Council H. Yes. Hayes. Yes. Council President Kirk. Yes. Yes. Count the number of meetings we have to sit on these chairs.

I don't know that between now and [laughter] we got a lot going.

Okay. So, next on the agenda, we have the public hearing consideration of resolution 2606. This is a public hearing for the purpose of considering considering findings to support the CMGC contracting process for the NUS Park and Park Element Design and Construction Services Project. At this time, pursuant to RS279C 33355, I will open the public hearing in order to give any interested party a chance to comment on the draft findings for an exemption from the competitive bidding requirements. So, staff, please present your report.

Thank you, M. Um, council will discuss the construction manager slashgeneral contractor CMGC construction delivery system for the construction of the noose park and park element project for the city to employ a delivery system other than hard bid will require a resolution calling for the alternative construction delivery system. In this case, the alternative delivery system is a modified construction manager construction, I'm sorry, general contract. Um, tax resolution 2606 which includes findings, effect of support and exemption from the competitive bidding and CMGC. The contractor is part of the design process and it's the responsibility slash opportunity slash incentive to solve problems in the design phase and once they provide the owner with a guaranteed maximum price or GMP they have a stake in any future problems and not just the owner unless the property can be traced back to only the owner. You have the uh the exhibit which has the conditions and a copy of the resolution 266 in your pack. Happy to answer any questions. Any question?

I have a question about the timing of when the findings back got posted on the city website and compared to the agenda. Is there was there a reason why the findings in fact needed to be posted two weeks 3 weeks ago as opposed to waiting until the agenda was posted?

Yeah, we had a posted we had a run in the daily general of commerce and the daily historian letting them know about letting contractors know that this is happening and then let them know that they have defined piece of Okay. necessarily a legal requirement for that to have been posted private when they posted that's what I assume I send an email out to people that confirmation that was the case that why very low context so I

want to point out to both the uh city hall and police station were designed and built under CMG Any other questions of Bruce? Is there any interested party wishing to comment on the draft findings for an exemption from the competitive bidding requirements? Anyone in the audience? Anybody on Zoom? No. Okay. If there's no further discussion, I will close the public hearing at this time. just who did Oh, okay. Good evening, Todd.

So, can you hear me? Okay. Yes, can. Yeah. Hey, just real quick. So, this is uh to choose the builder, not the designer of the park. That's my only question. Oh, this is the builder. Yes. The builder choose. Did you hear that, Bob? Yep. Okay, thumbs up. Any [clears throat] questions? Thank you.

Anybody else? If there's no further discussion, I will close the public hearing at this time and move to consideration. Anyone like to make a motion? I move to adopt resolution 2606, a resolution of the Canadian city council adopting findings to support an exemption from competitive [clears throat] bidding requirements for neoose park and park element design and construction services. Declaring such exemption and operating a process to award construction manager general contractor CMGC contract.

Second. Any further discussion? Okay, we'll call Jen. Councelor Hampton, yes. Councelor Hayes, yes. Council President Ker, yes. Council, yes. Yes. Okay. Thank you. So, next we have the N park and parkment design construction request under proposals. first.

Yes, ma'am. Mayor, at their February 10th workshop, council provided feedback on the draft request for proposals for the Nuse Park and Park Element design and construction services. The R the revised RFP here attachment A. I believe there two one strike three. I'm happy to answer any questions. Okay, questions. I think I incorporated a lot of discussion that we had last time. Uh, one thing that I see here is um in section 2 2.1 in paragraph 4, we're we're giving the $6.5 million, but then it says the food pantry will come from a separate funding source and will be tracked separately from the park budget. What is the budget for the food?

Approximately 5,000. And is that in here? It should be in here. Okay, we can we can add that's there's two numbers. I think there's one was 365 which was to purchase a unit or the cost of the units that we have that we're currently working from. And um the other was the cost to put on a can't match the other building's interiors at the time we were doing the project.

Right. But 365 to purchase a modular doesn't include putting it on the ground. It doesn't include installing it, right? The modular because it would have to be permanently installed. Yes.

And so there's a cost for that. Am I am I going down the right path, Jesse, on that? I think that you you are correct, but I think it's in $500,000 because when we were when we were getting the prices, things may have changed, you know, since then, but when we were getting the prices, the idea is that we would move the modular that currently houses the city hall and police department to this location. And so that would have been should have covered the move. Yes. So that price would cover potentially would cover the move, the dealing with the foundation, the dealing with the getting the utilities hooked up to it and all all that goes into getting a building on. I can't tell you because we never did a design on it. I can't tell you if we covered everything, but I believe that we knew we one thing we knew for sure. So, we wanted to move there was a high probability

and so um that was I believe that that was part of the discussion we had. I think we need to know that number before we approve this and I I think it should be in this. We need to know what number the for the food pantry we because we can't just leave that open because the 6.5 million is for the park and the things that go with the park. The food pantry is separate, but we need to know what that number is because it comes from a different funding source. [clears throat] Well, it says but it says in here on 2.1 paragraph 4

the new f so construction of the new food pantry which will come from a separate funding source and it will be tracked separately from a park budget. It is anticipated additional funds will be available but what are those funds? We can't just say, "Well, here we want this for the park, but you can just give us a number for the food pantry." Are you Are you concerned that there's blank blank check in terms of design of where the designers would potentially say, "Oh, well, it's going to fit the best in this other particular location that's going to end up costing us $2 million to to deal with." Is that well as opposed to just

because it looks to me like this is asking them for to help us out with it. Am I wrong? Yeah. So, how how can they put a price on something that hasn't even been designed or proposed? I mean, there is some numbers set aside in I'm sorry, Gary. Uh there is some money set aside in the general fund I think that Bruce was talking about. So there are some set dollar amounts, but we don't know where this is going to go until it's designed and then we will say yes or no or cut it back or

but we can identify 6.5 million. So we should be able to identify some sort of a number for the food pantry. the 6.5 million was the I mean people our community wanted us to set a maximum amount but we don't know exactly where the designers are going to find the find the best place for the food pantry on that site until they do I don't think we can put a price t we can absolutely put a price on it

we can get a price we can get a price for the modular we can get an estimate of I mean we can get at least something so we can put 750,000 or 500,000. We have to I just I'm very adamant that we need a number in here for the food pantry except it may be changes but we I'm sorry but I wasn't quite done yet. Go ahead. It's fine. [clears throat]

I don't think it's determined that we're going to put them into a new modular. I think that, you know, part of what we're looking at is uh can is it going to be less expensive to save the classroom portion and repurpose it as a food pantry? Uh and perhaps the restrooms for the park. Uh I mean, those are questions that none of us can answer until we get a designer to look at it. Does it ask? I don't think I don't think assuming at this point that we're going to put in a modular is is even possible.

But does it ask that in here? Does it ask them specifically about where we're going to put the food pantry? Can we save these buildings? Does it Does it ask this?

No. So, so you're assuming that that that's what's going to happen here and that's not what this is asking for. there there was a budget that was uh determined by this council and there are elements for example there's we know that there was 365 and there was some certain amount and I don't know exactly what it was it came out exactly to 500 to 600 or we can go back and do the research on how much money out of the original borrowing because that was where it was going to come from that at that particular project. So we can go back and try to determine what those numbers are. But the fact is we have a limit of 6.5 that was determined to be the budget and we will work with whatever um uh whatever we have to work with in order to go ahead and complete the project. But and maybe Jody can answer this question, but shouldn't it we either don't talk about the food pantry at all in here, but we have to have a place to ask them to find a place for us to put it within this or we have to give some kind of a budget which you just said that we can do that. Um Jody,

so you don't have to put a budget in a design RFP. Um the 6.5 million was added because that is a they need to know that going in. You can't go above this. The food pantry doesn't have this hard line on it. At least not to my knowledge. So to sort of limit a designer's ability to design before you even they even get a chance to um brainstorm ideas, you're sort of you're tying the designer's hands without necessarily needing to. Just because there's a budget number in an RFP does not make it sacred. So if you want to hold them to a Or if you want them to design to a specific number for the food pantry, you tell them that upfront. You say, "I don't want to go above this number." And then they do that. It's the 6.5. It was important to put it in the RFP document. Normally I don't recommend that jurisdictions put their project budget in an RFP because tends to um encourage sort of bidding up to a number and um but this was a very specific number that was very specifically communicated to the city and it was important that the city recognized that in the RFP. That's why it's in there to begin with. We don't have that same sort of need with the food pantry, especially and I don't know if this I don't want to speak out of line here, but I thought that the food pantry might contribute some and we don't want to limit there

them in that regard. And if if that I'm misststepping on that disregard, but I don't want to I don't recommend that the city put a limitation on itself through an RFP process for the design team. You want to do that later for sure. And honestly, I'll later.

Sorry. So, here's my thought process on it. the um elementary school project initially wasn't given any kind of a budget and then it ended up in litigation and now this is why we are where we are and um that's why I think that it's very important that we identify numbers or at least we all know what those numbers are that we won't go beyond um that that's why that I I think that pretty much explains myself. We don't want to end up in the same position we ended up in before. Um, so anyway, I mean that that's how I that's why I feel the way I do about it.

We have a separate discussion about the food pantry when we decide how much we want to spend, what our going to be once we get some ideas of what it look like. I don't think we're I don't think that this council has an appetite for um you know a project without having a budget limit on it. I think we all feel strongly that that has to happen but it would seem to me that would have to have a separate discussion separate document not not the RFP for design well and I'm fine with that too but then it should it this should needs to be worded differently. It is anticipated that additional funds will be available. But

how would you suggest you'd like it? I don't repeat them. I would almost say just that uh that that part of the sentence that she just said be stricken and just say constructive recovery sources. Okay. I don't know if that accomplishes the whole goal that you were

Yeah. And if that last Yeah. That last sentence was just or last couple sentences were just strikeed out because then it says we'll find a design and a new permanent home for the food pantry. Um so and maybe it expands on there to I mean because Bruce said that it doesn't say in here either if you know they can identify that maybe the classroom buildings can stay But that's that's part of their it's not about their design process,

right? But it doesn't ask them to do that here. It tell it talks about but they're going to see that site. They're going to go through it, you know, if they're their preliminary meeting and I think they're going to have pretty good idea when they go through those buildings. It says right here there are three structures anticipated to be demolished. Right. But then it goes on. I mean, it Okay. Okay. It's fine. I mean, if you guys are good with this, that's fine. I agree. I had some concern about

that because what Eric suggested cut me off those either the beginning of that sentence, wasn't it? Wasn't it didn't structure the food pantry will come from a separate source pack separately? Yeah. I don't know what I know, but it changes a little bit. I had some concerns about the paragraph too that you're referring to that says anticipated uh to be demolished. It's kind of uh in the past because

uh the second uh is 5,000 ft² one-story concrete masonry unit CM CMU block and wood frame structure with 4,000T classrooms and ancillary office space that is currently being used as a emergency food pantry. And the other one is actually just an empty building that is not going to be reused. So I think there's some clarification that we could make there. Which paragraph? Two paragraphs later.

I think that's February 3rd. the upper limit ceiling but 6.5 million includes that demolition if it's part of

instead of instead of that being like that that first sentence instead of saying anticipated to be polished their restructure is currently occur as opposed to the leading statement three starters to be in a thought process that is there's the potential that they could reagent but there are a few instructions on the side

then it leaves it leaves two paragraphs before still open for them to design either using an existing building or building a new structure or bring them portable whatever whatever design the potential applic the budget number I like that change yeah I do and it I mean it does if we strike the last two sentences in that fourth paragraph or third I guess there was paragraph that it was already stricken. Um,

and that kind of buttons that up and then yeah and adjust that sixth paragraph and you know maybe it says that the quanza head is coming out like we know what what we want gone and then what could be I would be fine with that. what could be left reworked if possible by clear demolish so they know that that's included in the budget and for what food pantry is going to be demolished that would make more sense because then sure that that's

so my question about food pantry building that's Apparently, um there was an email that came out I don't remember the exact earn came out that I think mentioned that you wanted to demo the building ASAP because safety hazard sitting there. Do you anticipate that demolition occurring prior to this a designer getting eyes on the site? Is there going to be a third building there? Is there only two buildings there? When when a person when a firm comes to look at the site,

I can't imagine the building being reused. No. And so, um, rather than wait until the end, my suggestion was to take the building down, um, probably hopefully before we had a meeting of the contractors out there so that they can see, wait, there's a whole another vista here that's been hidden for years, which is looking out from the ocean. And so if we can just go ahead and make that happen because we're not going to use that building then I just thought it made sense to go ahead and do that in advance.

So that wouldn't be included in the in the six to me it would be included in the 6.5 but you all can decide what's in 6.5 and what's not. Do we have a bid on removing that building? I don't think we do. Then all things that do we have and it's been decommissioned, right? There's no electricity to it or anything. Water going to it anymore. There's no electricity for and moving everything else.

Yeah. Is has the water been disconnected from their from the um modular the food pantry? Has the water been disconnected? No. But the electricity is gone. No. Yeah. Natural gas as well. And we're still um using the bathroom because the ports that we got are still need some repair work, but they're kind of supposed to they're supposed to send you a good port. No good. They're not bad. Just one of just one of those many things but they're supposed to come before I think they're coming Thursdays are 45.

So it's still unclear to me whether uh this project is going to uh include the construction [clears throat] or the destruction of that or whether it's going to be re beforehand. Sounds like it's going to be out beforehand. Maybe we could get a number from Burmark. I think Rusty just said that he could get a number. And I mean, didn't you say that it was going to be about how much did you say, Bruce, it was going to be to remove all of those buildings if we like 500? 500.

Most expensive is going to be gym with all the handling of all the small material. I don't have any problem with that removal being part of the 6.5 that honestly price for removal from from what I remember is 500 5750 for all so the remover to remove it's probably not going to be very expensive I don't I don't see anybody separate from six month of 5,000 something. Yeah. I I prefer to just keep it separate.

And that could just be done in an accounting fashion if we did it first, right? Yeah. And then we could just back it into that. Okay. So, Jen, have you captured all of our suggestions? Can I just give a quick run of Sure. Yeah. Okay. So that sentence in the third paragraph that says it is anticipated that the additional funds would be available for the design of the food pantry. Oh, that part of that was we're going to take out that anticipated the additional funds and so then it start with construction the new plan will come from a separate usage right take out that previous sentence the whole thing all all whole sentences

oh the whole sentence including construction the new food pantries the whole yeah because they're not con I mean I otherwise you're asking them for construction of the new food pantry both of those sentences okay both of those are gone um at the bottom of the page we'll change it to say there are three structures currently occupying the sites. I was just a little unclear on the do we want to include the demolition of the qua hut now or have that be discussed during the design process with the selected designer.

Didn't we kind of say that we should just say the quanza's coming out right? We aren't saying. Yeah. So then the largest is the 7500 foot woodframe gymnasium constructed in a quaza hut configuration that is anticipated to be demolish. Yeah.

Yeah. Anything else? Well, on the Were we going to add anything about the possible reuse or demolition of the classrooms? Was that part of what you said, Eric? No, that's what I was saying. I think that's what Gary was um commenting before I suggestion.

I mean, we could give an andor scenario there. I'm I'm dubious that we could save that building uh or use part of the building uh and still put in $6.5 million to the park that we want to have. So, I'm very dubious that that's possible, but I think it's uh it would take it would take, you know, a professional to look at and to make that

definitely something we need to look at. I agree with that. I think maybe we make that sentence into an and or. We would like to see it reused if possible, but we're also open to having it demolished if that's necessary. So the second is 5,000 square foot blah blah blah classroom office space uh which may be retaining design

may not be incorporated design could be incorporated into the design or demolish if necessary. Right. by everybody that Yes. Okay. So, we're going to make some changes and then we will bring it back to the April work section for you guys to review or April. What about the third the third building, the food pantry? That's coming out. It may or may not be there and it still says that in here. So if it's not in here, I mean, get out there. Demolishing.

I think that's going to be a may or may not. Yeah, I think that we need to put in that sentence there may or may not be a third building.

Well, that's what we would like to do. Thanks. So should I anticipate will be removed before the beginning of this project? Yeah, that's good. [clears throat] You okay with that? Absolutely. I'm really convinced.

No, I think we just question. Is there a reason why this what we've discussed couldn't be approved as amended tonight or is there anticipation that we're going to find some more stuff in the next I wouldn't mind spending a few more minutes on it and moving it forward and that's what my big sal for here we are to another meeting that's curious like in this that's why I act I recognize your Okay.

With with those amendments and the amendments were relatively simple. I think that was the capture those. I'm fine with that. I'm fine with I'm fine with that too instead. No, I I'm exceptionally if there's no I motion to approve. Oh, we do have one on a date that I have here. So, I'm going to change that to so I move to approve the new park and park and design construction services request for proposals as tonight. Second.

Any further discussion? Everybody. Okay. Roll call, please. Councelor Hayes. Yes. Council President Ker. Yes. Council Standard. Yes. Hon. Yes. Yes. Okay. Thank you everyone. Okay. So, next we are on community forum. Bruce.

Yes. that February 10th session also discussed having a process for those interested in being on the selection committee for the Boots Park RFP draft interest form for the council review and input the selection sub selection committee will be advertised to post office chamber of commerce news Facebook bullet newsletter and the city's website staff recommends The deadline is Monday, March 30th. If applications are to be re reviewed at the April 7th meeting, if a longer advertisement period is desired, the application deadline will be Monday, April 6th with the review of the April 14th meeting. I think I talked about it the last time. This is very labor intensive and paper intensive and um they whoever you select should be ready to go ahead and spend that kind of time and uh listening to a bunch of different people um picking what is in the RFP and saying this is what I could do for you

and it does a huge amount of it. Mhm. Yes. And in that, how much do we anticipate they're going to uh present as far as design or is much more about their qualifications to do this project? Qualifications, experience. Yes. So, it's it's not like we're there committee reviewing designs. It's [clears throat] really to judge their qualifications because process what's that a vetting process?

Yeah. I just think you know at a glance this sounds like oh you know yeah I want to be involved in the committee gets to say what the design looks like. That's not what this is. No, no, not the the reason I suggested wanted to see something like this is I just wanted more transparency of who was being every decision at every every level across this and then um with that I had a couple of notes for the for the application.

Okay. Um, I had a thought. I don't know uh if it fits into an application like this, but um if there's a way to put it in there, but uh the um my thought was that interested applicants should have a willing have a good understanding of what tourism restricted dollars means in terms of PLT. Yeah.

Um just like the people that into the tax committee. Um, and the those applicants should be cognizant of the abilities of the firms they're selecting to be able to work within the confines of providing a tour specific project that have a secondary benefit of nonourism use as opposed to just looking at all that have all all set that way. I don't know if that fits into anything or if that's just something I can say. I'm not sure if that No, I think I think that's a good I think it's good too. Good point.

And then the second one was an actual change. I was curious about um the second question that it has. What makes you qualify to select an architect? I was wondering about changing that. What makes you qualify to select design a design firm for this project? I feel like the word architect makes it seem like this is You're you're looking for you're looking for people that are going to have an expertise in looking at architects when this is technically it would be a partner or whatever but

not and then having two sub questions within that um or examples possibly not sub questions but examples um if you have experience reviewing or evaluating architectural firms and do you have experience and understanding of the tourism need for somebody reviewing these because I was I was trying to think of what expertise somebody could have in in terms of reviewing a park designer or something like that. I don't feel like the word architect hit that.

You're right. But yeah, that's why I I select the design firm for this project and I I just spitballing about experience reviewing architectural firms and experience in understanding tours can teach. Do you want to use the term architectural firms or you want to say design firms? Oh, I I like design firms. I I think that's that that's what this what we're seeing in this design. Yeah. And that's what it says. I actually grow hair for that. the settings trying to design but I don't really like you have to have a knowledge of you know the terms and these plan

yeah conscious I question that one but I I definitely think knowledge of the use of of these restricted tourism dollars is I don't think that they'll be involved with that well I was I was thinking that in terms of being able to evaluate an application. Does previous projects this architecture or this design firm completed would these projects fit within the our understanding of restricted guilty funds or do past projects they've done? Do none of those projects fit within what would you consider the restricted tourism dollars?

Yeah, that's a good point. Well, and it also No, those those are my comments. It says in here that you have to have owned real property located within the city or the urban growth boundary and that really um restricts the amount of people that we can draw from. What's the word, right? It's you have to resided here for the year before or lived here or own property. That's from our code for all the other committees and commissions that we have. So, you don't have to own property. You have to win your verb here. Okay. So, it's an either or.

Oh, I didn't notice another type of a um in the commitment. Um the third line at the end of the third line this process and start again. There was the line right this process. just said this process. Maybe I'm looking at a different version. Is that all? Never mind. I take that back.

Once people turn in these um who's making the decision, the council will look at all these applications that take all five of them and then still like two or three staff members, right? like that was like the st the relevant staff members that were a part of the lab process. The question that we had was where they would be people that selected through here. We not talked about having staff. I don't have a problem with having staff. I think you should still try to keep it to six.

Well, and that and that's that's I kind of maybe I wasn't clear. I just was thinking the I I didn't have a problem with the other process other than that it felt like it was a hand selected committee without public input for the public portion or the the community members who were involved as opposed to the staff. I don't have a problem the staff members with the whatever positions people or three and three but I think that okay so changes in the application do we want to talk about when we want the deadline March 30.

That's three weeks. Yeah, we're going to need to put something out. I mean, it needs to be put out on social media, too. Well, that's why I'm thinking maybe the deadline should be April 6th and we we book on the decided on the 14th at least a month because I think we need to talk it out which would be interest everybody okay with that okay would anyone like to make a motion so we don't table Please

um I I move to approve the new part and park 11 construction services collection review committee interest forum amend. Any further discussion? Okay. Roll call, please. Yeah. council. Yes. Yes. Councelor H. Yes. Councelor Hayes. Yes. Yes. Okay. Thank you. Turning to the back page of our agenda. We have resolution 2607.

Right. Good evening, Mayor Kn and members of the council. The resolution before you is to authorize us to sign up purchase sale agreement with the Holland Family Trust. I'm sorry, I have it in named like three different places, but it's actually what we found out is Kstack Hill is what the Holland family officially calls it. Um [clears throat] so again this agreement um is for 3.125 million and essentially states that uh in section 6.1.2 that if that money is not raised via fundraising and then we it's not raised you as council do not come to um negotiate a different price for them then this agreement terminates. So once this agreement is okay then orca uh can begin the fundraising process and um again it was reviewed by so the attorney on our side is settled burner who we often use for real estate transactions and Larry Pockin was uh the um attorney on the home trust.

So did you you saw the letter that came in? I did. And so, you know, I'm not a real estate attorney and I don't know the merit of all those suggestions, but it does concern me and I and I'd like to either have our attorney answer to those those concerns or, you know, I I mean, I may not this, but I'm not sure if these concerns are valable. Okay. Um, if that is the case, then we can bring him back in in April that you wish. When did they say Heather? Heather's back at the end of the month.

The end of this month. Okay. I mean, we're going to let Heather have all these, you know, notes. We'll send that to answer those.

Well, I have a I mean, when I look through his notes, a couple of the writings were one the uh he didn't like the closing timeline. It was too soon. Well, that's what the Holland family had and that's also if you look at it, we also agreed to be able through mutual agreement to extend the agreement. The he had a question at the bot or at the end where he stated that Campbell and Popkin was a realtor firm and that was not true. It's actually a law firm and Larry Popkin was their attorney who I am going with. From my standpoint, again, I think we have done the due diligence. Again, my major concern with this was that if the money was not raised via fundraising then but this has the clause that that would take care of. So, uh I would be happy to bring Heather back in April with regards to Clay's comments if you wish. That will delay the fundraising for another month. and make that time frame even shorter that they would we probably will have to adjust the closing time that

what's that [clears throat]

the other thing I would ask is just that on the signature page I'd like to see somewhere in the start an affidavit or something saying that these people are the only um you know the only ownership and so that at some point in the future another person has to pop up and say hey I I'm entitled to uh like or whatever and fine so I think we need to have a conserving that only here on that final sign page are the only people you have you know It's not titled legitimately

the only the only concern I had with the I mean there's there's a bunch of interesting comments that sent in with this uh but the in the D restriction like I feel like I tend to said the that number two kind of things data still concerned that um that reverts back to their ownership isn't followed. still feel I feel like that's been in and out of course to establish I feel like I don't know if that's too vague and where I assume you are review that

we took the we took the language from the sorry I don't I'm not going to remember his name John Neon something like that we gave the gave the state property the yeah So that that's where that okay linkage came from.

Okay. I was just I was concerned I started thinking that we do um restoration efforts remove this count as not to the state is then revered back up to those questions. Anything else? Well, this will come back at the April. It would be the April 7th meeting. Okay. I had one question. Are the homes going to have are they going to push back on an extended closing date? Uh I don't know. I haven't talked.

Well, you have been you. So this is what the So I actually when I came back because we had been so long in TW and I actually it's recommended that we extend it out to August and they came back with me or Clary came back with the June date. So when I'll talk to Beth uh and Mark probably tomorrow and tell them where we're at and then um and then I'll reach out to Larry. I don't know if they'll I don't know how much they'll push back, but but again, this delays it another month for them to be able to start the fundraising. So, thank you.

Okay. Anything else? Okay. Thank you.

All right. Okay. Then number two is a resolution. Um and what this is doing is to appropriate money for current litigation expenditures. Um and uh so what this does what currently where this the litigation of course is with regards to wastewater. Uh so that is currently where we have been tracking the expenses for vehicle. However, uh due to some feedback and actual the size of them, what um I'm recommending is that we appropriate that money in the general non-E departmental general fund so that it won't get spread out to everybody and therefore it won't dramatically impact the wastewater department and uh fees or uh rates or so. What I'm recommending is that um we appropriate the money in here. We move the legal expenditures general fund particularly with the litigation stuff that comes out of the litigation of course I believe would be paid for by the moist fund to the litigation itself I believe we can pay for in a general fund then that would limit the impact on rate repairs. uh two things I'm in a typo mood um whereas it is anticipated in the fourth whereas it is stated that uh it should just read it is anticipated that a total of 300,000 will be needed to fund the litigation and then um on the actual numbers I subtracted instead of added so the non-EP departmental materials and services the new number would be 1.3445 539 covered my question

concerns. What's that? You covered my concerns. The fourth whereas was uh sometimes when Tim's in a hurry there's a staff report from a previous staff. So that's that was the cow staff report. [laughter] Um, so I had a concern or a question about uh going forward then for transparency of how much the city spending on legal use per department is that still going to get tracked? Is that going to be noted in the budget within that departmental?

Yes, it will. So you would see so you will see when I do reports and I can actually that it will have a large legal fee inside that non-EP departmental when we do um your finance so you'll know how much we've actually paid it just won't be reflected in the wastewater fund what what we've done what what happens in law is where the majority like for Jody and a lot of other work we charge the executive department in the where the majority of the legal fees are um budgeted and then that gets spread out to everybody. So, what we're just trying to do in this case is not go through that where it's going to spread back out to everybody. It's just the general fund is going to pay, but you'll know that the total legal fees that we spent any year.

Okay. Well, will it will it be split to indicate which which departments we're in these legal fees? I I mean, we can do it with a note. I can do it with a note that that where the legal where it actually came from. Yeah. Some kind some kind of note might be nice just Yeah. So we'll know you know why Tim why did we spend 300,000 in general fund that we didn't want should we know yeah the first year the end of this year if this change we make

that's going to be a substantial change backation of well why do we spend an additional $300,000 in legal where did it come from where did it go [clears throat] without know like oh well 200 was for wastewater stuff and this this is Uh this isn't like all litigation. This is strictly the litigation with regards to the wastewater. Oh, that's that's strictly it. So I'm not asking for additional funds for other litigation pieces. I'm just asking for the for this loss for this particular

for this particular one because the dramatic impact I believe that would have on the wastewater department and wastewater rates. So that's really what I'm kind of saying. So it's only this I wouldn't charge extra stuff there or anything like that. All right. So, yeah. So, no, this is strictly for wastewater. Okay. For the wastewater loop.

I move to approve resol resolution 26-8 as amended by Mr. Collier for the purpose of approving increases and decreases to the fiscal year 2526 budget by making an intra fund transfer of appropriations for the costs related to litigation in the 2526 fiscal year. Second. Any further discussion? Okay. Roll call, please. Councelor Strander, yes. Councelor Hannon, yes. Councelor Hay, yes. Council President Herr, yes. Yeah. Yes.

Okay. Next we have proclamation of declaring um March has spread across Bruce.

Yep. Four councils proclamation declaring March 20, 2026 as Red Cross. Every March we honor people who make the life-saving mission of the American Red Cross possible. the individuals across the country who turn compassion into action, helping others in times of crisis. The Red Cross Month celebration has been an annual tradition since 1943 when President Franklin D. Roosevelt issued the first Red Cross Month Proclamation. And the suggested motion is I move to approve proclamation 2602 declaring March 2026 Red Cross Month in Candy.

So copy text. Is there a [clears throat] second? Okay. I I just wanted to say today was a blood drive for the Red Cross. Red does a lot more than just blood drives, but that's a really easy way for people to get involved. And the next blood drive is June 2nd. Okay. Any other council? Yes. Council base. Yes. Council president. Yes. Council. Yes. Yes. [clears throat] Would anyone like to read this proclamation or would you like to move on?

Let's move on. Okay. Sounds good to me. Okay, next we have um appointment of city committees and boards and commissions and we have um two position two people fine for the one vacancy on the planning commission and then we have a green for the tourism and arts commission. So, uh, is Jana on So, Kim is in the audience and, um, was there anything new that you would like to say from your last application?

Sure. Okay. 429 beach. Couple of quick

stories. Um, I serve on the budget committee as you know and [clears throat] in the 2425 budget process uh I was the vice chair of that committee. Um, I was a lonely voice saying I'm so sorry. Um, alarm going off. Um there was a lonely voice saying we should increase our contingency 50%. And I argued against that. Um ultimately I had to [clears throat] resign the position as vice chair because there's an addestation that said I needed to sign in saying these are our best estimates and any estimates were not good. um our track plan in director Tim Collier had just joined the city. So he had nothing to do with that budget. But of course the next year the 26 fiscal year that we're in right now. He ran that in big time and he aligned our reserves and we passed that budget. For the 25 budget, I was the lowest center. Okay. So, I'm used to being the lone desenter and I'm going to be the lowest center from time to time. Um, I'm sorry, Andrew Tony left. I appreciate the things he said, but I I would have liked him to hear that his service on the next committee last time around was really frustrating. But that said, we have a good exchange of ideas

and that's to me what public service is about. Um, looking at you all, um, I did not support again for her election. I did support Eric Ora Strider and I did support my base. Now, it was surprising that I supported my base because we had clash over the tree and the the initial, but we sat down. We had a couple couple of cups of coffee together. We worked things through. So, I believe in that process and I think I'm pretty good with that process. Um I know you're in possession by um note from and I'll agree with some of what he said. He says, "Effective service requires not only sound judgment, but also respect for fellow volunteers and a commitment to civility and trust in the integrity of their public process. I think I've demonstrated that pretty well in my service the city and me too." Um and my fellow uh citizens spoke uh in my support um without agreeing unanimously with with everything that I stood for over time. So I'm going to stop there because somebody's really [clears throat] sorry. So thank you. Thank you engineers.

Okay. Anybody like to make a motion? Oh, sorry.

So, I'm going to do a roll call though. Let me know which of the candidates to utilize the report and then afterwards you can have section. Oh. Well, I just like to say a couple things. Um the first audience is Jana app for um management commission and at that time I actually opposed her appointment because I felt like she hadn't attended very many planning commission meetings that she hadn't paid much attention to what planning process was and that she hadn't familiarized herself with code based on things she had said. Since that time, I know she has been going to plan commission meetings, attending attending them on Zoom. She has familiarized herself with the co and she has um uh I think earned that position. This is like the third term she's applying for it and I think by this time she has earned the position. I will also say that um the same reasons that I gave for turning to rain down a little over two months ago still exists today and if anything exacerbates it. Um I think it was too soon to have signed it and it's still still too soon. I think that it would be great if you could establish a track record of um to show a willingness not to target individuals and to focus on the issues at hands. He I would like to see him establish a track record for being able to put issues before personal grievances.

That isn't the case at this time. I think based on all the communication over the past few months and in short I think it's too soon. One last thing um I appreciated the remarks at the beginning of the meeting and in the public comments. However, I think everybody on this council, everybody on the planning commission and our development director all are dedicated to seeing and realize the importance importance of seeing workforce build housing in this community. I think all of us are it's a not an easy process to work through. I I think our development director is going to make great strides for towards seeing that happen and that the planning commission has full support his ideas and will council a lot of those ideas not all of them necessarily but I think we all are dedicated for that. So I don't think that sound a mess particular to any anybody else. Okay. You ready for Okay. Council Hayes.

Um I'll give a vote to Tim. Council President Kerr today. Council Strider. Uh Jana Council Hannes motion to being the new um member of commission

and she will be getting vote and she will be getting Is there [clears throat] okay? Council president. Yes. Council. Yes. Councelor Hannah. Councelor Haz. Yes. Yes. Okay. Thank you. Who's coming off?

It's not renewing. Not right. No, he's been really good about so but a lot of people don't know. Yes, I think he's done a really good job the Zoom participants. Yeah. Yes. Okay. And then we have a a renewal for Libby for the tourism and arts commission and I believe she is on

because she didn't want to spread her germs. So, thank you for being responsible and uh you have anything you'd like to say at Good evening. Thank you. Yes. On the tail end of a cold, so [laughter] not there in person tonight. Um I have really enjoyed my four years on tourism and arts um commission and am seeking renewal as we are expanding our scope of of work and working on the public art policy. And um I guess that's it. just kind of wanted to say thank you for uh the last four years and and looking forward to four more if you all choose to appoint me. So if you have any questions I'm more than happy to answer any.

You're you're currently chair I was the uh actually Greg Swedenborg became chair last month. I was chair for oh gosh almost two years. Okay. So, so you're a member of that apparently on that committee. You're not vice chair.

I am not vice chair. Um I I I chose to um let others step up uh for the next year. I didn't throw my name in the hat, but um and so Greg and then Tom Allison is is vice chair. and you did a very good job chairing that committee.

Oh, thank you very much. It it has been really interesting and you know worked with Jennifer on doing the online automated application for grant funding and you know just kind of looking at the processes and and trying to uh make them accessible and and provide clarity and and you know new scopes of things that we're looking at as far as funding goes. Any other questions? I move to renew gas to the tourism commission for a second four-year term. Second, [clears throat]

yes. Yes. Council Gay. Yes. Yes. Okay. Thank you. Thank you all. Have a good evening. get better. Okay, next we have um the business orient.

Uh so this is for this loan increase uh award for the phase three. That's the new reservoir water reservoir that we're building. So, a quick background. Uh, City of Ken Beach has entered into a 1% 30-year maximum term loan for the water resiliency project phase three, which is a new reservoir with Business Oregon. Through the course of construction, the project team encountered multiple change orders resulting in increased costs uh above and beyond what was previously budgeted. A summary of the significant uh change orders is as follows. Over excavation change order. uh we in uh incurred cost due to poor soils during uh dig out for the retaining wall construction. It was determined by the geotechnical engineer that substantially more soil was required to be over excavated. The cost of this change order was 94,136. Uh a second substantial change order was the directional drill change order. This allows the new reservoir's discharged water line to be installed at a deeper elevation, which provides the city more reliability and flexibility by not relying solely on the siphon to provide water after a major loss of pressure. Cost of change order was 60,735. The additional overall amount being requested is 275,000 which includes the cost described above and approximately 120,000 for contingency to ensure project completion. Unused funding will be reconciled in the final loan amount. Uh analysis and information. We are advised by business Oregon to formally request the additional funds during their IFA board meeting. Uh Tim and myself attended and presented at that meeting. Uh we gained unanimous approval for the additional 275,000 requested. Um attached you will find a summary award letter. Uh we expect a formal loan amendment paperwork to be provided shortly. Um so the original uh award

amount was for 7,377,000. The amended amount is the 275 for a total award amount of 7,652. And there is a recommendation if council wishes to proceed with authorization of the increase loan award. A suggested motion is as follows. [clears throat] Questions. Was there any grant money for this loan? Was this only a loan or was there some forgiveness? There was forgiveness with this loan. Uh not a this is there was more forgiveness than phase one. Phase two, you know, it's

there was 500,000 to this loan. Yeah. And it's a 1% rate which is on the summary of award that's listed there. just the forgivable loan amount of 520,000. Okay. So, I have a question. Did the [clears throat] all of the contingency on this project get up and that's why this is asking for double doubling the contingency of what's being requested as opposed to just the 10 10 or 15%. Yeah. Any contingency that was included in the original amount has been used up. Okay. So, this is also to rebuild any other contingency that

correct? We are advised to what if since it was over a certain amount uh we are advised to go ahead and ask for an additional amount of contingency uh to ensure completion. We I don't expect spending a dollar of contingency. Um, so should we have known that that contingency was spent before we got here or did we

ever in a staff resort? I think we're made aware that there was things unanticipated that had been done. So I think we did that. Yeah. I don't remember don't remember going forward though maybe it would be nice even even if you don't have to spend any of this on future projects when you need to get into contingency just put it in the monthly status report.

Yeah. Great fun. So what uh so where the 121,000 contingency so that you don't have any anticipation all all the excavations been done at this point the ground's all opened up correct so it's pretty much we're just

yeah the stage of construction that we're in yeah we're we're looking really But that what contingency is for um obviously and yeah the last thing we wanted to do was go back and have to ask for a very small amount um because I think that that would have required going through this entire process again and probably would have stopped us in our tracks. So the the $120,000 extra is definitely above and beyond what I could even imagine and the contractors could imagine. But again, it's just a fail safe and if we don't spend it, we don't we it just gets reconciled. So we're not we're not currently paying any debt service for yet. Right. Correct.

It's once the project closed out projects and it takes more than six months at the start of a repayment process. So I would assume with this project it probably won't be until the end of 177 that we have to start. And at that point, the unused money went back and we're only paying on what actually. Any other questions?

I move to authorize the city manager and or mayor to approve the $275,000 increase in loan amount from business Oregon for phase three new trans. Second. Any further discussion? Okay. Roll call, please. J. Yes. Councelor Hayes. Yes. Council President. Yes. Council. Yes. May not. Yes. Okay. Thank you. Okay. Moving right along for the monthly status report.

I have a short question Chris will answer. It's uh high on water. Um says 991 are currently signed up. How many total customers are what percentage of our total customers are signed up? 991 currently registered I don't know but I can find that thing out first thing in the morning is how much of the city is digitally keeping track of their water usage.

Yeah, I'll tell you what. But I did want to point out that we got council member Gary Bes to sign up on [laughter] and I'll deal with that. Uh I realized it's not just that I have a duplex. Uh but uh that sometimes tenants don't let you know when there's a dripping faucet. It's a really good I mean I think that's a great I got a report. So you'll let us know that information.

We'll let you I will let you know how many number and then the percentage of Thank you. other items on the monthly status report.

No. Okay. Um next we have mayor communications. I can't anything. Um I know that Bamichi and um Devi Park both but I believe they're in Tok um on I think March 14th but we received emails on those.

Yeah. and uh the week of Oregon cities uh spring conference is the registration is open if anybody's interested in going to Pendleton uh April 23rd and 24th I think yeah so if you're interested in going to that register I have been um attending the legislative updates uh they have the lord I believe Oregon cities has those at noon on Fridays when the legislaturator's in session. So there'll be one more and then a wrap up on on Friday the 30. There's lot lot been going on in that short session. Anybody have anything for uh councelor communications? Okay. Good order.

Okay. two things. Okay. Um the first one I'd like to bring up is um the David's chair on the beach. Um it, if you don't know, it's a nonprofit that facilitates outdoor access for those who experience mobility challenges. And David's chair, I was an American wheelchairs, they cover the insurance, they make the reservations. Um, the only thing they ask their partner to do is to sign out the wheelchair and check it check it back in and store it. They need an 8 by10 foot space to store it in when it's not in use. Um there was a partnership between Mo and David's chair and it looked like it was going to go but then it fell through because Mo is not the property is holding on full and and their board of directors turned it down. So because of that they need to find a new place. So I started looking at the beach towns that have David's chair and it's kind of embarrassing that we don't. Seaside, Ashlin, Rockaway, Pacific City, White City, Manzanita, Gold Beach, Florence, Meet Tarts, and Newports to just name some all supply David's chair. And missing from that was Canon Beach. It would really need to be added to that list. And so I'm encouraging the city to make room in our new city hall to store the chair and make some small accommodations. Um, it turns out to get this off the ground, friends and hastack rock will support any financial uh parts of it for was it three years? I think they got a $7,000 donation from a travel Oregon grant. So, they were agreed for three years and they were working with

any kind of financial support necessary. Um, it just seems that even the reservations systems is handled by them. So, I would I would like to see us bring in the fellow who who um runs Davis Char. I think his name is Jeff. I don't know his last name, but I know that Lisa Herbert will know his name. Nobody else, you know, on the council does, you know, I heard him speak about three years ago. Yeah, I'd like Yeah, the chamber brought brought them out for the sand castle contest two years ago after it was raining, right?

The only place really I mean because these ramp won't work, you know, the only other one is Yeah. is that one that's right near city hall. So, you know, right down west of St. Yeah. by right there by way. So, that makes total sense for us to do this, especially since it's I mean, since friends hast, which is a nonprofit um group supporting the hack awareness program, they're willing to to do this three-year funding thing. It makes complete sense. Didn't the city buy a wheelchair or two? I don't like

any this is this is for this is usable for people who have serious mobility issues too who can't even push themselves you know so I think I would like to see it put on the agenda that we bring this Brian to speak to us always briefly and it and see that it's something that we do not just talk about but actually do and I think it's going to be council to push it through and give it away concern. We've been in conversations with friends

and we have told them that we will try to find a place in city hall. Yeah. So, well, would you all like to hear a little brief thing from this? Yeah. Yeah. And certain, you know, it's somebody could reach out to Vestas to hospitality. Vestus Hospitality that owns Surfing. Yeah. Yeah. So, Kevin, we'll contact him and see.

Okay. Great. And then the other thing is very quick because I don't know enough about it, but it's something I start thinking about. I do know that there have been um there's been drone action in the city of Canon Beach and some drone action. The there's been legislation um to try and and limit the places that roads can can fly. We can't limit it. It's it's still legal to say you can't have drones in the airspace in Can Beach. We have no control over that airspace. A friend of mine recently looked at her living room window and there was a drone just right at her window. I mean, she was so upset. Luckily, she was dressed. But, you know, I mean, it just it's it's a huge invasion of privacy and that they they contribute to distressing nesting birds in the throughout the spring and summer. The problem is is they're not allowed to disturb nesting birds, but what are you going to do? You going to call the police? You're going to call state parks? By the time someone gets down there, the drone is gone. So what we can't control is the takeoff and landing of drones within the city limit. And that would really really reduce the usage of them. You could get a permit to use a drone if you're doing mapping or for real estate purposes or something like that. There could be a permit process for for legitimate drone use. But the only way to really control them from uh interfering with the birds nesting bird versus the rock is to and and your own personal privacy is to um limit the take on

landing of drones. So beach is state but we can't beach but but people stand up on the road and they launch their drones to the rock from there and that would be illegal to launch it from

each state is open for comment policy right now. I I testified before last year actually and um because Oregon lines is you know huge and you know there's just a lot of people who like to use them for recreation. I think they serve a purpose like police so often times have to use them and and they use them legitimately. I think that, you know, uh, for mapping purposes, for certain real estate things, affirming would satisfy the use of it, but I mean, I'd like you to just think about it. And I don't know. Um, I'd like to see I'd like to see legislation in this city that says no taking off landing without a permit. But

that's I I worked for Texas Parks and Wildlife for a while and in within the limits of all Texas State Parks, you had to get a permit to pay off. And the permit was a free permit. You just literally had to go schedule an appointment with the manager and tell them why you were telling why you were using 99% of the time you went through that much effort. They're like, "Okay." But that was enough of a hurdle to the people that just were just doing weird stuff and didn't do weird stuff. Why would you have to fly a room around your house? I mean, what would possible legitimate reason?

You know, there's other cities that I I'll look into. So I'll do it and see what other what other um municipalities have some kind of you know regulations and take off the landing but I think it's something I whenever I see uh drone footage shared on social media around the rocks and you know they always say oh this was done legally but it's just it does get other people want to do that same video

and some of those drones have really good cameras too, right? That they can zoom. They can be way far away and literally zoom in when you know the guy that's just coming for the weekend with his kids doesn't it's not that capability. You're right. They just think, "Oh, I'm going to go do this." I don't know if the chamber has that policy on the footage they share, but I think it should be really. So, you'll do a little research. Yeah. Okay. Anything?

We are um at our social media person for our bakery is going to be um a campaign about the elk. Um just don't feed the wild don't feed the animals. Just a fun almost Smokey the Bear kind of elk videos or reals or whatever for Yeah. We we've been working with birdies to develop a camp.

Nice. Well, we decided that I thought it would be fun. We post elk videos that we get a lot of interaction about and I thought, well, this is a good way for us just to take a step forward for stewardship for the community and put together maybe six just littleformational things that are just quick blurbs. Um, so we'll see how that goes, but anybody can share. When is our next conversation? [laughter]

So was a twoprong um direction. So first was media campaign. So we are working with Birdie Media right now. also about ready to sign the contract uh to develop the media campaign. Then we reached out to Vanessa. Oh, her name has changed. It's Tisdale now. Um and so I've had really good conversations with her. She was going to come talk to the council and now she's uh ghosted me. So um I'm back for the drawing board on my health behavior specialist. So, we'll reach out, go through that report. I think again that the platinum crew came and see if I can find some other names to kind of talk to you about that. So,

but we have been working on I have really have been working on it. I had her too. She was supposed to be at this meeting. Yes. Yeah. I think it would be worthwhile and we talked about it in the last meeting to pass an ordinance about how close you can get to elk if only for the public relations campaign saying can be passed an ordinance about the elk that explains why

there there's um numbers that the US or the Oregon Department of Fish and Wildlife have that say numbers of this is what our recommended distance is going to be. I I can't remember what it is. It's something it's some specific number that we can put into a we say like but it's one thing for us to pass an ordinance but to get the word out but it's part of the public. Yeah. I mean it's uh just part of public awareness thing and I don't know but there is a safe distance and it's a distance and invest in rose instead of roses. [laughter]

I am more interested in those the plants that repel elk or that they're not attracted to. I'm more awareness of that kind of thing, too. Yeah. Yeah. Our garden club had a big meeting about that because everyone was saying, "What do I get to do?" You know, and it's just like they start to have a list of things that the plant usually oiferous plants, not bad, just strong like rosemary is a very strong rosemary or sage blooms. So, it's actually pretty. Yeah. That's you can do by plantations in your yard.

Enjoy greenery. Joanie has her hand up. She's gonna write a ordinance for us, right? Well, I just put my hand up so that you'd notice me eventually. But if if um there are other council members that want to speak on good of the order, I just wanted to give an update on the public meetings laws and I didn't want to forget but I don't I thought you were volunteering to write an ordinance. I would never volunteer for that. I'm kidding. [laughter] Um,

so the there are two bills and I apologize if mayor know you've already touched on either one of these, but there were two bills look ready to pass be passed at the legislature this year. One of them has is um I don't want to a complete fix for the council with or coffee with counselors issue, but it does seem to move us in the right direction. may just need to do a little bit more analysis once it finally passes. Um, and that one is actually House Bill 4177 for those who want to track it, but it it essentially redefineses deliberations. Um, allowing easier communication by council members. um not quite so restrictive as as we've been you know under the gun with especially in relation to the coffee with counselors. So that is slated to pass. Once it passes I'll have a better hopefully a better update for you as to how it affects specifically coffee with counselors and just generally how you can communicate with each other. Um, and then the other one which is um maybe not quite so uh much of a big deal for council but certainly for staff is House Bill 4161 fixes what was in my opinion a really horrible opinion that came out of OG that said any um government provided lunches, food of any sort, we're talking snacks, even water bottles um needs to be included in uh a compensation package. So that was the opinion of OG. Um so the legislature corrected that and that is also slated to be passed. That's House Bill 4161 for those interested. So I just wanted to

give an update because I know um coffee with counselors is an ongoing um concern and that's all. In the meantime, we'll do it tomorrow and be recorded. So be there. Okay. Eric, did you have something?

Um I I did I assumed it would be the orders since we've all res the comment we got about the open fires ordinance that we passed. I went back and read the ordinance that we passed. I think based on our conversation and I went back and rewatched our conversation too. Um that I don't I I I think the comment that we received is accurate that it completely bans including the natur that was that wasn't the I believe that's what we passed

when I looked back in section I know nobody has pulled up but um 80.08.040 040 um has broad enough language and it number five has broad enough language in it that doesn't it it it basically just still fully restricts it even though we spend all that time crafting in the definitions right it doesn't carry over because within those definitions it just says everything within that definition is fake so we need to fix that

so so that's something that Daniel and Jeff um the last couple days trying to figure out all the details and then we were going to talk about it tomorrow to figure out what changes need to bring back to you guys. Yeah, I think I was I came up with something but they're already working on something. If you weren't that would be great for notes because it was one of those things they were starting [clears throat] off a lot of phone calls and then it was like oh

my understanding was what was being requested from the comments we received that they want to have they want to have a fire I know there's a lot of our neighbor and then the ban Right. So why why doesn't Okay. So so there is there is an awareness that it just became an awareness and I know talking yesterday.

Okay. And I have an item for the reorder. Um, if you have any spare time on Friday or Saturday, we are moving the food pantry location to the east bathrooms that have Thanks to all of our city staff for helping us get uh heat and light. Uh, we actually sort of had a ceremony yesterday. We turned the lights on then they all were and the heat was lovely. Um, but we're having a we're moving on Friday from 1 to 5 and Saturday from 12 to 4. You don't have to commit for the full 8 hours unless you want to. And um if we can use it any help uh that you can spare anytime you can spare to help us move.

No, we did. We talked about that. Maybe find a boy scout with the number that know probably need to be at least 18. You said Friday 1 to 5 and Saturday 12 to 4. And again, you don't have to donate the all of your time. Any help would be appreciated. I think I good. Thank you. Anybody else have nothing for good of the order? Joby, anything else? of not have information.