City Council Meeting- August 12, 2019

The Enterprise City Council held a work session beginning at 6:00PM, for the purpose of discussing items between staff and council.

Mayor Karvoski opened up the public hearing for the Enterprise City Council meeting at 6:30PM. Those present; Mayor Karvoski, Council Members Larry Christman, Micah Agnew, Chris Pritchard, and Dave Elliott. Absent was City Councilors Jenni Word and Bruce Bliven. Staff present; Public Works Director Ronnie Neil, City Administrator Lacey McQuead, Fire Chief Paul Karvoski, Police Chief Joel Fish, Librarian Denine Rautenstrauch. Also present City Engineer Brett Moore, Project Manager Bill Ledbetter, guests; Janice Garrett, Keith Wellens, Troy Farwell, Bob & Kathy Rietman, patron (unknown name) to speak in support of the concern for school safety.

AGENDA ADDITIONS

Wellens Farwell- completion of project questions.

Remove Ordinance No. 592 from the agenda.

CONSENT ITEMS

Lacey presented the July minutes and July payables. Councilor Pritchard asked about the check to Dean Brown. Mayor Karvoski stated that the check was payment for the fire in California during the late summer of 2018. The City cannot reimburse him for that time until we receive payment from the State. We received payment in early July from the State of Oregon and now have submitted payment to Dean Brown for his hours. Councilor Elliott made a motion to approve the consent items as submitted by Lacey. Councilor Christman seconded the motion. No further discussion, motion passed unanimously.

CITIZEN COMMENTS:

Letter to the Mayor: Prior to the meeting, Cathy Sterbentz submitted a letter regarding the July meeting, addressed to Mayor Karvoski. Mayor Karvoski read the letter to the council.

School Safety Concerns: Kathy Rietman stood up and introduced herself. She shared her concerns for the safety of the children, specifically during pick-up and drop-off times. Kathy stated that people driving down the hill speed up and do not always pay attention to the children crossing the street or walking to try to get to school. She stated that she didn’t know if there was a way to slow them down, speed bumps, painted speed numbers on the road itself, or adding a crosswalk up by 4^th Street. Mrs. Rietman informed the council that they still have the flags installed there, but they have witnessed people just driving through without stopping even with the kids in the crosswalk. Both Kathy and Bob would like to see added patrol, but they understand the need to have patrol in other places as well. The patron who came to speak in support of added safety measures stated that she has witnessed children running outside of the fence after a ball and vehicles going so fast down the hill that stopping proves to be difficult. She shared that she believes speed bumps might be a good idea. Janice Garrett shared her support for improved safety measures. She stated that she has witnessed people who pull over on her side of the road to let their kids out and other vehicles are either coming down the road at a fast speed or parents who pulled into the parking lot are now backing up across traffic. She stated that it is not going to be much longer before someone gets seriously hurt. Chief Fish stated that he knows there needs to be something else implemented but the idea of speedbumps only burdens Ronnie and the Public Works crew in the winter when plowing. Joel further explained that it is difficult run radar all over town and the same problems exist on the other side of the school, at the crosswalks downtown, and at other places throughout down. All of the guests speaking on this matter agreed that just the presence of law enforcement would be helpful. Councilor Elliott stated that the problem is police presence is needed everywhere. Councilor Agnew stated that it might be best to have the school board make the decision on this. Mayor Karvoski stated that she agrees, going to the school board would be their best bet. Councilor Elliott recommended adding a crosswalk on the corner of 4^th and Main Street. Ronnie stated that he wouldn’t have an issue adding one there. It might help slow the vehicles down a bit.  Councilor Agnew asked if writing a letter to the school board from the City Council in support of added safety measures would help. Lacey stated that she would be happy to write a letter of support to have signed by the Mayor and sent to the school board. Council agreed that’s the best way to move forward at this time.

STAFF REPORTS

City Administrator Lacey McQuead submitted her report prior to the meeting. She read off the highlights of the report and asked for any questions. No questions or comments.

Fire Chief Paul Karvoski stated that he submitted his report prior to the meeting but would be happy to answer any questions. No questions or comments.

City Librarian Denine Rautenstrauch submitted her report prior to the meeting. She explained that the items on her report showing an empty spot for both Ingram and Priority One are incorrect. She further explained that EONI will be installing the very first fiber optic internet line this month. Denine stated that it was only an increase of approximately $10.00 per month for a tremendous increase in speed. No questions or comments.

Police Chief Joel Fish informed the council that he changed the way he was writing his report so that it is not misleading. He read from his report, adding that this month the Enterprise Police Department pulled over more vehicles than any other month since his time here in Enterprise. No questions or comments.

Public Works Director Ronnie Neil submitted his report. He stated that the purchase of the new truck from Mr. Nash was finally complete. He stated that he would like Lacey to put insurance on it as soon as possible. Ronnie explained that the big cottonwood tree at the park that had some members of the public concerned, was removed earlier that day. Ronnie updated the council on the dangerous building, stating that Milo has scheduled to have Moffitt Bros. tear down his structure on the 19^th of August, Jim Livingston tore off the awning that posed a safety threat on his building and we have not heard anything from Mr. Barry regarding his property. Mayor Karvoski asked what the next steps were. Lacey informed the council that we have been working with Wyatt on multiple items, but had not had the opportunity to visit with him regarding the dangerous buildings issue. She stated that she will make contact with him before the next City Council meeting.

OLD BUSINESS

Speed Study: Lacey reminded the council about the previous conversation that took place in October of 2018. She stated that it was decided then that the risk of increasing the speed zone was too high so the council opted out of the speed study at that time. She explained that Mr. Harguess has made a request again for information pertaining to another speed study on Highway 3. Lacey stated that she has had conversations with Craig Chadwick regarding this study and he assures her that should a recommendation for speed change be made by ODOT, it is something that can only be done upon approval from the City. Lacey pointed out that she provided the council with complete records of the conversations between Mr. Chadwick with ODOT and resident Jerry Harguess.  Councilor Elliott stated that he doesn’t like the way things happened in Lostine and does not want the City of Enterprise in that same situation. Lacey stated that we could always ask for a study to be done and hope that things do not change in a direction opposite of what we would like to see. Council members discussed the previous conversation that took place in October of 2018. Councilor Elliott stated that he does not feel the risk is worth it at this time. Councilor Agnew stated that due to Highway being an arterial highway according to the ORD, he doesn’t know if it would apply. Council agreed. Council asked Lacey to write a letter informing Mr. Harguess that the City will not be asking for a speed study at this time and they welcome him to attend a council meeting if he would like to further share his concerns.

Wellens Farwell Construction: Keith stood up and asked the council about the $41,000.00 in Liquidated Damages (LD’s). He questioned the council on the damages the City of Enterprise incurred during this project and what the justification was for asking for that amount of damages. Keith explained that since the beginning of the project, they were under the impression that insurance was covering all costs associated with construction, rent, storage expense, etc. Brett Moore stated that his was a legal question that needed to be discussed with the City Attorney. Keith pointed to both Bill and Brett and stated that he was told all along by both of them that there would not be any LD’s. Brett informed the council that he did not make any arrangements or promises regarding liquidated damages. Mayor Karvoski stated that she is reading the letter submitted by City Attorney Wyatt Baum and the key points in the letter are directly from the contract. Councilor Pritchard read 4.03 of the contract. Troy Farwell stated that he was curious if every member of the council was in agreement with charging Wellens Farwell the liquidated damages. Mayor Karvoski stated that there is no point in having a contract if the contract is not going to be followed. Lacey stated that this was a premature conversation. The contractors are wanting to have a conversation regarding liquidated damages but there has not been any paperwork received that stated the project is completed. Until that time, Lacey recommends there not be any further conversation regarding LD’s. Lacey further explained that upon the paperwork being received that the project has reached completion, the City Council and City Attorney sit down and have conversation, until that time, this conversation needs to be on hold.  Councilor Pritchard asked what is left to be completed. Bill Ledbetter stated that the door on the fire hall needs to be replaced and the drainage in the back needs to be corrected. Keith stated that as far as he was concerned, the drainage in the back was finished and they completed it as requested by project manager Bill Ledbetter. If there is an issue it is because Bill told them to complete something that was not correct. At this time Bill Ledbetter handed out a map of the directions for the grade in the alley. Bill stated that they have completed the punch list items that were identified, but those items have not been inspected or discussed. He stated that they gave their notice of final completion on August 7^th, but that notice had not been submitted to Lacey yet. Brett stated that there is a process and the next step to the process is to meet with Wellens Farwell in the morning and have a conversation regarding the project at that time. Council agreed.

EVENT PERMIT

Lacey informed that council that the application was submitted before the last meeting but due to the new forms being approved by council, we required them to fill out the forms attached. She explained that a portion of the block is being closed for the event but it does not hinder any businesses. Councilor Christman made a motion to approve the event permit submitted by Building Healthy Families. Councilor Agnew seconded the motion. No further discussion, motion passed unanimously.

UPCOMING MEETINGS

Next City Council meeting September 9^th, 2019.

No further business, meeting adjourned.