MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

June 13, 2005

ATTENDEES:

Mayor Tim Van Cleave

City Manager, Jerry Breazeale

Council Members:

Judy Buschke

Tom Wolff

Cindi Doherty

Kay Robinson

George Koffler

Glenn Baker

Brian Harmon, Public Works Department

Tom Creasing, City Attorney Representative

Morrow County Sheriff’s Department, Deputy Randy Rayburn

Morrow County Sheriff’s Department, Deputy Justin Slinger

Heppner Gazette Times, David Sykes

Absent: Public Works Director, Bruce Nelson

Members of the Public:

Angie Hanson

Bill Ferguson, Ace Consultants

John Nutter, Moore Excavation, Inc.

Dave Fowler

Jerry Healy

1. GENERAL BUSINESS

A) Call to Order. The June 13, 2005 meeting of the Heppner City Council was called to order by Mayor Tim Van Cleave at 7:05 PM.

B) Pledge of Allegiance. Mayor Van Cleave led attendees in the Pledge of Allegiance.

C) Announcements.

1) Mr. Van Cleave identified members of the public attending the meeting.

2) Mr. Breazeale reported several additions to the agenda:

a) Letter, Willow Creek Baptist Church, June 13, 2005, Request to use City Park. To be covered under correspondence.

b) Letter, from Jerry Healy concerning Hager park.

c) Animal permit, Aftan and Chelsey Betsinger, 260 N. Gilmore, requesting permission to keep 4 sheep on the premises.

d) Mayor Van Cleave stated that he would like to change the order of the meeting to include a report from Bill Ferguson, Ace Consultants, and John Nutter, Moore Excavation. This item will be inserted after the review/approval of the minutes of the last council meeting, and the two special council sessions.

D) Approval of the minutes:

1) May 9, 2005 Council meeting: Motion by Mr. Wolff to approve the May 9, 3005 Council minutes as submitted. Seconded by Mr. Koffler. Motion Carried Unanimously.

2) May 23, 2005 Special Council Meeting: The following corrections identified:

a) Page 4, first complete paragraph should read: “Mr. Koffler suggested Ms. Devin be offered the position of interim city manager.” Ms. Devin declined. Delete all other comments.

b) Page 2, Para 3, second sentence should read “He would like the Council to reconsider the position of City Manager because the City is entering into more of a maintenance mode to take care of day-to-day business.”

c) Page 2, Para 6, Line 5: Change to read “December 2005” instead of December 2006.

d) Page 3, Para 1. Should read “. . . . . Ms. Devin’s salary is $37,000 for 32 hours per week.”

e) Page 4, Para 3, first sentence should read: “Mr. Wolff ask if a “city administrator” was hired, who would do the evaluations.”

Motion by Mr. Wolff to approve the May 23, 2005 minutes as corrected. Seconded by Ms. Doherty. Motion Carried.

3) Minutes of the June 2, 2005, Emergency Executive Session meeting.

a) Delete Tom Wolff from the list of attendees, and add that he was absent.

Motion by Mr. Wolff to approve the minutes of the June 2, 2005 meeting. Seconded by Mrs. Robinson. Motion Carried (Mr. Wolff abstained).

INSERTION OF REPORT BY MR. FERGUSON AND MR. NUTTER.

Mayor Van Cleave introduced Mr. Ferguson who is the engineer from Ace Consultants for the water project and maintains an office located in the City Manager’s office in City Hall. Mr. Nutter is the project foreman for Moore Excavation.

According to Mr. Van Cleave, Mr. Breazeale had asked Mr. Ferguson and Mr. Nutter to meet weekly to discuss the status of the water project. Mr. Nutter had stated that he felt once a month was adequate since there is communication between Mr. Nutter, Mr. Ferguson, and Mr. Breazeale on a daily basis.

Mr. Ferguson: Mr. Ferguson reported that he is the contractor representative for the project engineer and the city. In his opinion, the contract is going fairly well. The project is approximately 50% completed. Riverside is complete, Heppner Highway is mostly completed. Water Street is almost complete. The contract is going as well as can be expected, since there are things under the ground that are unexpected due to the condition of the pipes. The City has been very helpful with this. The main line goes in first, then after the main line is done the contractor will complete the service and make connections. Some of the last things to be done are connections across the bridges. They work daily with the city on what is taking place, and copies of all communications coming into the office are furnished to Mr. Breazeale..

Mr. Nutter: Mr. Nutter stated that he agrees with Mr. Ferguson and that city workers have been very helpful. They are working close to the schedule and are on track for finishing on schedule. He expects to complete the project the end of September. Mr. Baker asked who fields complaints from citizens and Mr. Breazeale stated that the city does. Mr. Nutter stated that they have water available for residents who have emergencies, if required.

Mr. Wolff inquired about Baltimore Street and Mr. Ferguson stated that Baltimore has been deleted from the project. Mr. Wolff asked who made this decision and Mr. Breazeale stated that he and the engineer made the decision when the project was down-sized. Mr. Breazeale also stated that if there is enough contingency money, some of the deletions will be added in at the end of the project..

Mr. Wolff questioned the size of pipe on Gale Street, and also the size of pipe used on Riverside. According to Mr. Breazeale, the pipe on Gale Street is 8” and on Riverside, the pipe is 12” because Riverside is zoned commercial and the larger pipe will allow for future development and larger fireflow. Mr. Koffler asked about the payments and when bills are submitted. According to Mr. Ferguson, the bills are submitted at the end of every month and reviewed by Mr. Ferguson, Mr. Breazeale, and Mr. Nutter. Mr. Ferguson stated that some of the contingency fees are used to cover unexpected items. So far the project is on budget. The contingency is on track. Mr. Breazeale stated that an addition had to be done on Morgan Street. Mr. Nutter stated that there will be a small deletion on May Street. Mr. Nutter stated that both he and Mr. Ferguson are always willing to answer any questions that anyone has.

E) Report from the Planning Commission: Planning Commission Representative, Dave Fowler, reported on actions taken at the June 6, 2005 Planning Commission meeting.

1) The Commission approved the site plan for the Bank of Eastern Oregon and recommended approval of the changes to the City Zoning Ordinance.

F) Correspondence.

1) Letter from CBEC, June 8, 2005, Subject: Invitation for Reciprocity on Emergency Office Space. Motion by Mr. Koffler to approve CBEC’s request for the City to rent office space to CBEC if their facility in Heppner was damaged or destroyed. Maximum time frame would be six months. Seconded by Mrs. Doherty. Motion carried. Mr. Wolff abstained since he is an employee of CBEC.

2) Letter, Shamrockette’s Dance Team, May 30, 2005, Subject: Sponsorship Request. This letter requests City sponsorship of the dance team. Discussion: Mr. Koffler asked if the City donated funds to any other organizations. According to Mr. Breazeale, they do not. Mr. Wolff reminded the Council that the City donated $500 to the Sheriff’s Patrol “Bicycle Round-up for Helmets” program. Mr. Koffler stated that he felt the Shamrockettes is a great organization, but that he feels the City should not be involved in donations, and that individual businesses should support them. Mrs. Robinson stated that this issue has come up before, and at that time the decision was made not to sponsor any organizations since if you give to one, you are obligated to give to all. Mrs. Doherty feels that the city could support their performances as far as community support. Mr. Van Cleave stated that he felt it would be a good idea for Mr. Breazeale to write the Shamrockette’s a letter and let them know that the City appreciates their organization, but that financial support is not appropriate for city government. Mr. Breazeale agreed to write the letter.

3) Letter, Heppner Chamber of Commerce, May 26, 2005, thanking the City for budget support for part time Chamber staff, and notifying the Council that Sheila Piper has been hired for the part time position. Mr. Breazeale stated that there is $6,000 included in the budget from State Revenue Sharing for this purpose. Mr. Koffler asked about PERS for Ms. Piper. Her previous employment status is unknown as far as PERS.

4) Letter, Willow Creek Baptist Church, requesting use of the City Park for Vacation Bible School, August 8-12, 2005. Motion by Mr. Koffler to approve the request by the Willow Creek Baptist Church to use the City Park for their annual Vacation Bible School, August 8-12. Seconded by Mrs. Doherty. Mr. Baker asked about whether this was for exclusive use and Mr. Breazeale stated that exclusive use of the park is rarely granted. Motion Carried.

Mr. Van Cleave added that that Pastor Price has people coming into town the week of July 4 to do community service. Pastor Price will contact Public Works Director Nelson later this week. Mr. Harmon suggested the possibility of asking them to put up the fence that was purchased for

City Park.

5) Letter, Hager Park Area Residents, June 10, 2005, concerning suggestions for the reconstruction of Hager Park (Written by Bill Ewing). The letter contains suggestions from the neighboring property owners on suggestions for park improvement. Mr. Wolff stated that residents have had questions on the quality of the dirt that has been deposited on the site. It appears that the first few loads were of good quality, but that later loads contained quite a bit of rocks and poor alkali soil. Mr. Harmon stated that this type of question should be directed to the Public Works Director. Mr. Healy stated that the truck drivers need to be instructed to discontinue hauling bad dirt to the site. Mr. Koffler suggested letting Public Works handle this. Mr. Harmon will take care of this. Mr. Healy stated that good material needs to put on top of what has already been deposited. According to Mr. Breazeale, these issues will be referred to the Parks and Lands and Beautification Commissions.

2. COMMUNICATIONS FROM THE PUBLIC

A) Oral communications from the public not on the agenda. None.

B) Animal Permits

Whitney Matthews, 155 Rock Street, 2 sheep – Renewal

Nathan & Kristen Van Cleave, 605 E. Cowins, 3 head of ship – Addition of one sheep – Matthew Van Cleave

Brock Herbison, 340 Hill Street, 2 sheep – New

Animal permit, Aftan and Chelsey Betsinger, 260 N. Gilmore, requesting permission to keep 4 sheep on the premises.

Motion by Mr. Wolff to approve all requests for animal permits. Seconded by Mr. Baker. Motion Carried unanimously.

3. PUBLIC HEARINGS opened at 7:35 PM.

A) Hearing on Use of State Revenue Sharing. According to Mr. Breazeale, this hearing is to give people from the public an opportunity to put in a request to use the funds that are applied to the city from the state revenue sharing. The only request received has been from the Chamber of Commerce for $6,000 to fund a part-time employee for the Chamber office. This has been approved by the Budget Committee. Mr. Koffler inquired as to the total amount of the revenue sharing and Mr. Breazeale stated that it is approximately $7,000. This is in addition to the transient room tax which goes directly to the Chamber fund. Money from the state gasoline tax, cigarette tax, and alcohol tax, goes to the general fund.

B) Hearing on City of Heppner Budget for Fiscal Year 2005-2006. Mr. Breazeale stated that there are some suggested changes to the budget. Fire Chief Estes has been able to secure a grant for some SEVA equipment in the amount of $10,208. The city is proposing to raise the reserve fund to $207,411. Page 58 shows the change to the fire reserve fund to $15,208. On page 59, the expenditure for donation grants is raised from $5,000 up to $15,208. In answer to a question from Mr. Wolff as to why this is run through the reserve account, Mr. Breazeale explained that this is a capital expense.

C) Hearing on Declaring Certain Property A Nuisance and Ordering Cleanup of Property. 680 N. Elder Street, Map #2S 26 26CC, Tax Lot #3600. Mr. Wolff stated that one of the properties on Elder Street has been cleaned up. This is John Roark’s property.

D) Hearing on Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 660 N. Elder Street, Map #2S 26 26CC, Tax Lot 3500. According to Council members and Deputy Rayburn, nothing has been done on this property.

PUBLIC HEARINGS Closed at 7:52 PM.

4. COUNCIL ACTION.

A) Resolution No. _____, A Resolution Declaring the City’s Election to Receive State Revenues During Fiscal Year 2005-2006.

Motion by Mr. Wolff to approve Resolution 606-05, A Resolution Declaring the City’s Election to Receive State Revenues During Fiscal Year 2005-2006. Seconded by Mrs. Buschke. Motion Carried Unanimously.

B) Resolution No. ______, A Resolution Adopting the City of Heppner Budget for the Fiscal Year Commencing July 1, 2005, Making Appropriations, and Imposing and Categorizing Taxes.

Motion by Mr. Wolff to approve Resolution, No. 607-05, A Resolution Adopting the City of Heppner Budget for the Fiscal Year Commencing July 1, 2005, Making Appropriations, and Imposing and Categorizing Taxes. Seconded by Mr. Robinson. Motion Carried Unanimously.

C) Resolution No. _____. A Resolution Declaring Certain Property A Nuisance and Ordering Cleanup of Property. 680 N. Elder Street. Map #2S 26 26CC Tax Lot #3600. No Action Taken.

D. Resolution No. _____, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 660 N. Elder Street, Map #2S 26 26CC Tax Lot 3500.

Motion by Mr. Koffler to approve Resolution No. 608-05, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 660 N. Elder Street, Map #2S 26 26CC Tax Lot 3500. Seconded by Ms. Doherty. Motion Carried Unanimously.

5. COMMUNICATIONS FROM THE COUNTY SHERIFF REPRESENTATIVE

A) Activity Report. Mr. Koffler asked that the next activity report include the number of hours worked during the month that would coincide with the activity report, and asked that this information be included in the next report. Mr. Wolff asked if the city was guaranteed 80 hours of work and Deputy Rayburn explained that the sick leave or vacation time is included in the 80 hours. Council members had questions on this, and some were under the impression that the city was guaranteed a total of 80 hours patrol time. According to Mr. Breazeale, this was specified in the contract with the Sheriff’s department, and sick leave/vacation time were included in the hours.

B) Police Commission – May 26, next meeting June 30. Council members reviewed the minutes. Mr. Koffler had questions on the minutes of the May 26 meeting and the statement of the Wenberg vehicles being moved. According to Deputy Rayburn, the motor home has been moved, but the other vehicles are still in back of his office on Main Street.

C) Code Enforcements. Deputy Rayburn distributed photos of the properties being reported.

1) 565 Jones Street – Weeds and grass. This property is a repeat offender.

2) Hill Street – Weeds, cars, grass.

3) 515 Cowins Street – Weeds, grass. Etc. This property is a repeat offender.

4) Gilmore Street – behind the Munkers residence – Weeds, garbage, broken-down vehicles.

5) 274 N. Main, Willow Creek Clinic – There are 4 vehicles, several bales of straw. This is not visible from Main Street, but can be seen from Center Street, Heppner Auto Parts, and the exit from Central Market.

6) Dave Green Business on North Main St. – Tall Grass and weeds.

7) Kenneth Smith Residence on North Main Street – Weeds, garbage, vehicles – This property is a repeat offender.

8) Breeding property – this is in foreclosure and the Breedings are in the process of burning and removing belongings.

Motion by Mrs. Doherty to start the enforcement procedure on properties 1-7 and send letters to the property owners. Seconded by Mrs. Robinson. Motion Carried Unanimously.

D) Additional Discussion. None.

6. COMMUNICATIONS FROM THE PUBLIC WORKS DEPARTMENT.

A) Activity Report. Mr. Harmon attended the meeting for Mr. Nelson. Mr. Van Cleave stated that the report included in the packet was very good and he would like to see this type of report at every meeting. Mr. Koffler asked how much time each day was spent by the City crew working on water project problems. Mr. Harmon stated that it takes up the better part of each day, and in addition, some of the crew is absent for medical and other reasons. Much of Public Works’ time is spent locating lines and repairing water leaks. Mr. Breazeale explained that one of the problems is that Public Works will mark where a line is supposed to be and then dig in that spot and there is no line. This will be corrected when the water project is completed and all locations will be mapped and tracer-wired.

B) Utilities Commission Meeting – next meeting June 16.

C) Parks and Lands Commission Meeting – next meeting June 27.

D) Old Pool Public Meeting, June 16, 7:00 PM. Mr. Van Cleave announced that this is a public meeting to discuss the disposition of the old pool. Mr. Fowler attended the council meeting, and stated that he had brought plans which were drafted as student projects. One of his former students, Matt Young, attends Oregon State University, and is using the old pool design as a project for one of his classes. Mr. Fowler explained the plans that his students had submitted. All of these plans involve removing the existing structure. Mr. Fowler felt that the pool structure could be caved in on itself and the debris deposited in the deep end. Mr. Wolff asked Mr. Fowler how he feels about noise from a basketball court since he is a resident in the area. Mr. Fowler stated that this is a concern, but if it meets the needs of providing the youth with something to do, it would not be a problem. Mr. Van Cleave stated that Mr. Nelson plans to have Moore Excavation check the site to see how difficult it would be to break up the pool.

Mr. Koffler stated that he would like to use the most cost-effective method of getting rid of the pool. Mr. Healy stated that he felt that folding the pool in on itself could be done in a weekend. Mr. Nelson has also discussed contacting a company such as John Deere concerning loaning equipment to the city for this work. Gerald Smith, a property owner near the site, is a heavy-equipment operator.

E) Water Improvement Project Status Report. Given earlier in the meeting by Mssrs. Ferguson and Nutter.

F) Additional Discussion.

1) Mr. Wolff discussed the sidewalk in front of Everett Keithley’s residence on Center Street. Mr. Harrison had talked to Mr. Wolff about this since WindWave had damaged the sidewalk earlier in the year. Mr. Harrison had talked to Mr. Nelson, and was informed that WindWave would repair it. Ms. Doherty stated that the sidewalk in front of Adam Doherty’s house on Center Street also needed repair. Mr. Healy volunteered to contact WindWave on this issue.

2) Water report. Mr. Van Cleave stated that overall, the water report included in the packet shows that water loss is down to 33.75%. Mr. Breazeale stated that there should be a big improvement on this by the end of July. Mr. Wolff stated that he noticed that we are not quite raising enough funds to make the bonds payments. Mr. Breazeale stated that because of the wet weather, collections are behind, but it this is not a cause for concern.

3) Mr. Breazeale informed the council that the city is advertising for a part-time worker to water the planters during the summer season.

7. COMMUNICATIONS FROM THE FIRE CHIEF

A) Mr. Estes reported that the Fire Department will be spending their grant money in July. The burn ban will probably be effective on June 25. The pile at the gravel yard and hospital are on the fire department’s list to burn. So far, there have not been any incidents.

8. COMMUNICATIONS FROM THE CITY MANAGER

A) Flood Study – Status report. Mr. Breazeale reported that the monthly conference call on this subject was held on June 8. Everything is on schedule. The contractor was on leave, but they should have the hydrology hydrolics done by the end of June. Mr. Breazeale hopes to have a map by the next Council meeting.

B) UGB Adjustment Project – Status report. Mr. Breazeale reported that he had just learned that the consultant who was hired to do the staff report is very ill and will not be able to complete the report. Mr. Breazeale would like to know if the Council wants to proceed and hire another consultant. The County will have to agree to this. Consensus of the Council was to proceed with the project and hire another consultant.

C) Intergovernmental Agreement #22,507 Walkway/Bikeway Project. According to Mr. Breazeale, this is the $50,000 grant from the State of Oregon to extend the sidewalk on North Main Street. A motion is required to accept and sign the agreement. A provision is included that the city is allowed to cut the project back to $50,000 if the bid comes back higher than the grant amount. This means the sidewalk can be shortened if necessary.

Motion by Mr. Wolff to approve signing the agreement. Seconded by Ms. Doherty. Motion Carried unanimously.

D) Ordinance No. _____, an Ordinance Amending Title 11 of the City Code, The City Zoning Ordinance by Adding Food Catering Use as a Conditional Use in an R-2 Zone; Changing Parking Requirements for a Change of Use or Enlargement of a Structure; Changing the Procedural Process for Site Plan Reviews and Declaring an Emergency. This ordinance has been drafted per Council’s instruction. The Planning Commission has recommended adoption; however, this cannot be done at this meeting due to the fact that the notice has to be published. The ordinance is retroactive to January 1. This ordinance would also allow a food catering business in an R-2 zone. Mr. Wolff questioned the parking changes and whether it was in agreement with the motion made at the last Council meeting. Mr. Breazeale explained the purposes of the ordinance, and that variances could be applied for. He stated that if there are no changes, this will come before the Council at the July meeting.

E) Resolution No. _____, A Resolution Authorizing the Treasurer of Morrow County Invest the Funds of the City of Heppner Pursuant to ORS 294.035, 294.125 and Other General Authorizations.

Motion by Mr. Wolff to approve Resolution No. 609-05. A Resolution Authorizing the Treasurer of Morrow County Invest the Funds of the City of Heppner Pursuant to ORS 294.035, 294.125 and Other General Authorizations.

Discussion: Mr. Baker asked for the reasoning as to why this is done and Mr. Breazeale explained that this is done every year so that the City can receive a larger return on their funds.

Motion Carried unanimously.

F) Resolution No. _____, A Resolution Approving Accounts Payable for Payment.

Mr. Breazeale suggested forming a finance committee to meet prior to the Council meeting review the accounts payable and recommend Council action. Mr. Koffler agreed with this. The bill to Bucknum’s Catering was for the Morrow Leadership participants. Mr. Baker asked what the guidance was on what bills are appropriate expenditures of city money. According to Mr. Breazeale, this is governed by laws, regulations, ordinances, and normal and usual expenditures of city money. Mr. Koffler asked Mr. Breazeale if he approves the bills before Ms. Devin pays them. Mr. Breazeale stated that he approves all bills by signature before they are paid. Mr. Koffler recommended that the Mayor and President of the Council approve all bills, and also agreed to serve on this committee. Consensus was to try this for a few months and to continue to distribute the bills to the Council for review.

Motion by Mr. Koffler to approve Resolution No. 610-05, A Resolution Approving Accounts Payable for Payment.

G) May Financial Statement. Mr. Breazeale reported that the City is on track.

9. COMMUNICATIONS FROM THE CITY ATTORNEY.

A) Re the Breeding Property, Mr. Creasing reported that they have applied for the receivership but have not heard from the lenders. He expects that the service of the intent to select a receiver will generate some answer. The City’s receiver will go in first position and whoever buys the property will buy it subject to the City’s lien. Mr. Koffler asked if we will have time to clean the property and create the lien, and also asked about the vehicles parked on the property. Mr. Creasing stated that the receiver would take care of this. According to Mr. Creasing, under a receivership, the City would be able to cover the costs of cleaning the property, as well as attorney and publication fees. Taxes due take a priority over other liens.

10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

A) Beautification Commission. Next Meeting – July 14. Mr. Koffler stated that he would recommend the Council consider combining the Beautification and Parks and Lands Commissions since most of the issues discussed at the meetings are basically the same.

B) Housing Authority – Next meeting June 27. Mr. Van Cleave stated that a quorum was not present for the May meeting. However, they did discuss sending a letter to the tenants explaining the reasoning behind the rent increase and stating that if there are hardship needs, they need to discuss this with the board. Mrs. Buschke stated that the board needs to be informed on the complete situation and needs input from the tenants. Mr. Breazeale would like the Housing Authority Board to understand everything that is taking place. He explained that the Housing Authority was formed to be responsible for approving bills, etc. According to Mr. Breazeale, the City cannot walk away from this since the taxpayers are ultimately responsible for making the payments. The City requires $5,000 per year for maintenance, along with time involved to take care of repairs. Mr. Koffler stated that the City needs to keep very involved with the management of the center. Mr. Wolff stated that in his opinion, rental increases should be made at the rate of yearly Social Security benefit increases. This has never been done in the past.

C) Safety Committee – next meeting June 14.

D) Mayor/Councilor Comments.

1) Mr. Van Cleave discussed the building that the County is planning on constructing at the fairgrounds. The County plans to construct a new building for use as a dormitory, and other purposes, and Mr. Breazeale had been working with Carla McClain, County Planning, on the procedures for construction and annexation into the city. This issue had been placed on the agenda for the last Planning Commission meeting, but was withdrawn. Mr. Wolff outlined his knowledge of plans for the building and explained information that he had obtained from the County. However, Mr. Wolff has concerns about the city being responsible for activities that would cause liability concerns if the area was annexed into the city. The building will be placed in the approximate location of the white storage building. He would like to see the Council and City Administration issue permits, etc., for the new building and allow the sewer and water to be hooked up, without annexing the property into the city at this time. Mr. Koffler stated he is of the same opinion as Mr. Wolff. He would like to clarify that for this particular purpose, the city would grant the county to use city services without being annexed. However, he would like to see a standardized process for the future as far as city services being provided outside the city, but treat this particular issue as a special case. Mr. Koffler stated he thought it was a good thing to annex properties into the city. Currently, the fairgrounds pays city sewer and water fees, but not the sewer bond. Mr. Koffler stated that the building will be a great facility and something Heppner will be proud of.

Motion by Mr. Wolff that the City provide sewer and water hookups to the new building. Seconded by Mrs. Buschke. Motion Carried unanimously.

2) Mr. Wolff discussed a question he had as a Cemetery District director. Mr. Breazeale has talked to the cemetery about a letter of agreement on the city receiving Bruce Kelly Way from the Corps of Engineers. Bruce Kelly Way is the quasi-city street that runs in front of the cemetery on around the corner, hopefully across what is now Corps of Engineers ground in front of the RV park on out past the Corps of Engineers compound and meets up with the city street that becomes Frank Gilliam Drive. There are a couple of issues that came up: 1) Access to the RV park is not legal access. There is no legal access into the RV park. The Corps gave an easement to the park district for that property which is the RV park, but did not deed them or give them an easement to get to it. This could be shut off at any time. The stretch of road right in front of the Corps compound is still 100% Corps property. There is no legal right to get to the campground. 2) The other issue is the property that runs from the edge of the cemetery down around private ground to the campground. The city has worked for a number of years trying to gain either an easement across there or a permanent deeded right to that roadway. This is kind of coming to a head; the cemetery district board met and they are a little adamant because of some of the residents on Chase Street, they don’t want this opened up as a permanent through fare. Mr. Breazeale has indicated that to get the Corps to deed this property over to the city, they need to be told that the city needs the property for a bike-way, walk-way, emergency road throughway that we need access from one end to the other openable. The Cemetery District would like to issue a letter of agreement and concurrence that this would be good for the city, etc., but asked for reassurance from the City Council that it would not be open permanently for through traffic. The private property that this affects has been accessed into the city. Mr. Wolff would like the city to write a letter indicating that the Corps should give that roadway to the city.

Mr. Koffler stated that he shares the same concerns as some of the residents of Chase Street. Mr. Wolff stated that the issue would be to take the barrier behind Nate Arbogast’s home and move it about 600 feet down the street which would allow legal access into the RV park from the south and legal access into the private ground for development from the north, but the two would not meet other than for emergency vehicles and walking and biking. Mr. Van Cleave proposed leaving the gate and opening the road all the way around for the property owner which would require people to go all the way around to access the property.

Mr. Breazeale stated that one of the City’s goals for this year was to obtain rights to use the Corps’ road. The Corps has stated that to help support our case to do this was to have the other potential users of the road, i.e., the RV Park and the Cemetery District support the concept and they are open to the idea that this is part of the City’s transportation needs. Specifically what the City is asking for is to open the road for bicyclists and pedestrians, and also provide emergency service access. It would also provide emergency access to the city if other routes were not available. Mr. Koffler asked if it would be additional expense for the city to upgrade and maintain the road. Mr. Breazeale stated that if there were any upgrade and maintenance, it would be at the City’s expense. The City would like a long term easement to use the road. The Council agreed that it does not want full year-round access to downtown. According to Mr. Breazeale, the City could write a letter to the cemetery district stating that the City does not require full access.

3) Mr. Wolff discussed the bonding schedule and the fact that a number of bonding issues come due between now and 2009. According to Mr. Breazeale, one bond was paid off in 2004, but no individual funds were available because there are some debt structures on other bonds that changed.

4) There will be a Council work session with the League of Oregon Cities at 7:00 PM on June 15, 2005, at City Hall.

5) Mr. Healy asked about the progress on CenturyTel’s new franchise agreement to bring it in line with WindWave’s agreement. According to Mr. Breazeale, CenturyTel has been sent the required 180 days notice, but to date there has been no response. If no response is received, their agreement will fall under the new ordinances.

Meeting adjourned at 9:40 PM.