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BAKER CITY COUNCIL REGULAR MEETING Tuesday, May 25, 2010 #1) Call to Order The meeting was called to order at 7:00 p.m. by Mayor Dennis Dorrah in Baker City Hall Council Chambers. #2) Pledge/Invocation The Pledge of Allegiance and Invocation were led by Councilor Milo Pope. #3) Roll Call Roll call was answered by Mayor Dennis Dorrah, Councilors Beverly Calder, Milo Pope, Sam Bass, Aletha Bonebrake and Clair Button. Councilor Andrew Bryan was absent. Also present were City Manager Steve Bogart, Assistant City Manager/Community Development Director Jennifer Watkins, Public Works Director Michelle Owen, Assistant Public Works Director Gary Van Patten, Police Chief Wyn Lohner and Management Assistant Teresa Dyke. #4) Consent Agenda At this time, the Council reviewed the Consent Agenda, a. Minutes of May 11, which included the minutes of the May 11, 2010 regular 2010 Regular Session b. Approval of Fund meeting; the approval of Fund Exchange Agreements; and the Exchange National Building Safety Proclamation (read by Mayor Agreements Dorrah). c. National Building Safety Proclamation Upon a MOTION by Ms. Calder, seconded by Ms. Bonebrake and with all in favor, the consent agenda was APPROVED. #5) Citizen’s Participation The next item on the agenda was citizen’s participation; there was none. #6) Discussion and The next item was requested to be moved to agenda Selection of Wastewater item number 6 as the presenter was present. Treatment Method Taken from staff report: Background: The City of Baker City currently disposes of treated effluent from our wastewater treatment lagoons into the Powder River. The Department of Environmental Quality (DEQ) has informed the City that new limits for discharge will be put in place as the Total Maximum Daily Loads (TMDLs) are determined for the Powder River. These additional limits or restrictions will require the City to modify its current disposal method in order to meet dilution, temperature, storage and other limits. It is anticipated that these new limits will be imposed on the City’s next NPDES permit issued within Page 1 of 7 City Council Minutes Regular Meeting April 27, 2010 the next few years. The exact date of required compliance is still unclear, but the indication from DEQ officials is that the next five year permit issued will require the City to make substantial changes to its wastewater disposal process. The 2005 Wastewater Facility Plan adopted by the City Council outlines several options for the City to consider as alternatives for wastewater disposal. Recently engineers from Anderson-Perry and Associates (AP) re-evaluated the alternatives and put together an updated cost comparison of the options. Brett Moore, P.E. of AP, presented the report to the Public Works Advisory Committee (PWAC) earlier this month. The draft minutes of that meeting are attached to this staff report. The PWAC considered wetlands reuse development, slow sand filtration, land application (crop irrigation) and a mechanical treatment plant. The PWAC made a recommendation that the Council consider the wetlands options as the first alternative. Analysis: Mr. Moore will be presenting the updated report to the City Council and the Council can consider the alternatives and the PWAC recommendation. The low cost option is the wetlands option provided agreements can be developed for leasing existing wetlands rather than purchasing the required acreage. The current lagoon system has several potential deficiencies including storage capacity due to a dilution ratio requirement, algae blooms causing Total Suspended Solids (TSS) concerns, Biochemical oxygen demand (BOD) limits in winter and future concerns with temperature and turbidity. Each alternative mitigates the issues with our current lagoon facility, but at different levels and different costs. Alternatives: The Council can select the low cost option of wetlands reuse and authorize staff to proceed with the first phase of development including land owner discussions and test wells development. This phase could be accommodated within the current rate structure for the next fiscal year. The Council may also select a different disposal option and request staff to proceed with that alternative development. Page 2 of 7 City Council Minutes Regular Meeting April 27, 2010 The Council may delay decision until a later date. It is unlikely that any new options will become available in the near future. It is also unlikely that the cost of proceeding with any of the options will be reduced in the future. Brett Moore, Anderson-Perry, presented options for the Wastewater Treatment Method. The recommended option is the wetlands reuse option at an estimated cost of $4.8 million. After some discussion, Mr. Button made a MOTION to accept the wetlands reuse option as the preferred treatment plan. The motion was seconded by Mr. Pope and, with all in favor, it was APPROVED. #7) Request for Assistance City Manager Steve Bogart stated that a grant is now in with Kirkway Reach place for the project. The City is being requested to partner Project with the Powder Basin Water Council for transporting rock. Mr. Van Patten has worked up an initial estimate of approximately $7000. Upon a MOTION from Mr. Pope, seconded by Ms. Calder, and with all in favor, the request to transport rock for the Kirkway Reach Project was APPROVED. #8) Request for Approval The next item on the agenda was a request to approve of Criminal Forfeiture the Criminal Forfeiture Distribution Agreement. Distribution Agreement Taken from staff report: Background: Oregon statute sets the distribution percentages from proceeds of criminal forfeiture. Each County in Oregon can determine which treatment provider will receive the 40% allocated for drug treatment. Based on recommendations from the Baker County Narcotics Enforcement Team, the District Attorney, the Local Public Safety Coordinating Council, the Baker County Mental Health Advisory Committee and the Local Alcohol and Drug Planning Committee Baker County’s local disbursement plan states that the 40% for drug treatment will be disbursed to the Baker County Drug Courts. This plan has been approved by the Baker County Board of Commissioners and the District Attorney is asking this to be approved by the Baker City Council. Analysis (Include impacts on City resources and community: The Baker City Police Department has an active Page 3 of 7 City Council Minutes Regular Meeting April 27, 2010 member of the Baker County Narcotics Enforcement Team, which is primarily involved in these criminal forfeitures. The Baker City Police Department supports the recommendation to allocate the 40% for drug court, as we have seen first hand the success of the program. In addition the program has an accountability factor, for those participants who fail to meet expectations. District Attorney Matt Shirtcliff presented the agreement to Council. In 2001, Oregon passed the Criminal Forfeiture Law. The funds are used to further drug activities in a positive way. In 2007, Baker County began drug court and in that same year the agreement changed to allow 40% of the monies to go to drug court. Upon the MOTION by Mr. Pope, seconded by Mr. Bass, and with all in favor the agreement was APPROVED. #9) Request for Approval Next, the Council discussed a request to approve the of Task Order #2 with HDR second task order for the LT2 Treatment Project. Ms. Owen Engineering for LT2 Treatment Project stated that the City is now ready to enter the phase of selecting the type of UV equipment. Taken from staff report: Background The City of Baker City water system is required to comply with the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) enacted by the United States Environmental Protection Agency in 2006. Our unfiltered mountain water will require a second form of disinfection to inactivate the protozoan Cryptosporidium by no later than 2013. Our water is currently treated with chlorine only. The City contracted with HDR Engineering, Inc. last spring to clarify our compliance requirements, determine available options and recommend the best alternative. Bryan Black, P.E. of HDR, Inc. attended the December 8, 2009 Council meeting to discuss the options in further detail and staff requested and received approval for the recommended alternative of Ultra Violet light treatment. This recommendation was further supported by the Public Works Advisory Committee. Analysis The UV light treatment was selected as the low cost alternative to meeting the EPA requirements. The first phase of the project involves selecting the appropriate equipment. Page 4 of 7 City Council Minutes Regular Meeting April 27, 2010 The equipment is site specific and the procurement of the appropriate equipment requires a high level of technical support. Bryan Black, PE of HDR, Inc. will be assisting City staff with the technical specifications required for our future facility. The ultra violet treatment facility (UVTF) will include several steps to move towards completion and operation by October of 2013. The first part of the project involves selecting the equipment that will be used. This is part of the Task Order #2 before the Council for consideration. This current task order will be completed for a fee of $38,700 which is included in the budget. Following will be the actual procurement of the equipment. The next phase will involve the backup power generator system procurement and then finally the actual disinfection facility equipment installation and construction. Those additional task orders will be brought before the Council for consideration at each stage. The City of Baker City has one of only four unfiltered surface water systems in the State of Oregon. Portland with the Bull Run Watershed is also one of the four systems. Portland Water Bureau officials have filed a request for waiver with the EPA in an effort to avoid the costly expense of the system upgrades. The argument is that the water is of high quality and the likelihood of testing positive for Crypto is slim and therefore disinfecting water that doesn’t contain “the bug” is unnecessary. The cost for Portland to attempt a waiver request (there is no formal waiver process to go through) will cost several million dollars. Baker City is estimated to spend around $2.3million for an entire facility so the waiver costs may not be much of a cost savings. Mayor Dorrah indicated that he is uncomfortable with spending a large amount of money without clear direction from the EPA. He believes that the City may not have to complete the treatment project at all. Ms. Owen indicated that the City has an unfiltered system, and therefore, must comply. Ms. Calder stated that the information received has been confusing and unclear. Ms. Owen explained that the City can hope for a waiver. However, if any cryptosporidium is discovered, then the City will have to comply. Mayor Dorrah commented that he would like to see something directly from the EPA stating that the City must meet the requirements. Page 5 of 7 City Council Minutes Regular Meeting April 27, 2010 In response to a question from Mr. Pope, Ms. Owen indicated that this request would only approve the next step in the process. Each task order would be brought to the Council for approval. This will allow the project to proceed in a timely fashion while still allowing for further investigation with the EPA. Mr. Pope made a MOTION to approve the task order. The motion was seconded by Mr. Bass. With Mr. Bass and Mr. Pope in favor, and Mayor Dorrah, Ms. Bonebrake, Ms. Calder and Mr. Button opposed, the motion FAILED. #10) City Manager/Director Under City Manager/Director comments, City Manager Comments Steve Bogart stated that there have been numerous communications in regards to the ambulance service area. Since Huntington will no longer have ambulance service, the City will temporarily go to I-84 Milepost 340. The City is under no obligation to provide service in outside areas. Mr. Bogart also stated that former City Manager Steve Brocato has filed a lawsuit against the City. Ms. Watkins stated the parkway project has begun and construction crews are onsite clearing for the path project. The project is being done through grant funds, with 10% coming from City funding. Ms. Watkins stated that there is another grant opportunity becoming available through the Oregon bike/pedestrian program. Staff will come to the Council in the future for support of an application. #11) Council Comments Under Council comments, Mr. Pope thanked Ms. Owen for her presentation at the ASR conference. She was very well received and Baker City is the only city in Oregon that has a permit to do this. Ms. Calder asked if Auburn street is addressed in the Bike/Pedestrian grant opportunity. Ms. Calder also asked if there would be an executive session to discuss the pending lawsuit. Mr. Bogart indicated that this would be up to the attorney handling the case. Mr. Bass reminded everyone to have a safe Memorial Day weekend. Ms. Bonebrake applauded the Circuit Court Judge and DA’s office on the drug court activities for juveniles. Page 6 of 7 City Council Minutes Regular Meeting April 27, 2010 Mayor Dorrah stated that the City needs to really look at the LT2 project before approving $2 million dollars. #11) Adjourn With no further business to discuss the meeting was ADJOURNED at 8:25 p.m. SIGNED:_______________________ Mayor ATTEST:_________________________ City Recorder Page 7 of 7 City Council Minutes Regular Meeting April 27, 2010
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