MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

HEPPNER CITY HALL, 111 N. MAIN STREET, HEPPNER, OREGON

1:00 PM, November 20, 2008

NOTE: Where stated “Motion Carried” is considered unanimous, unless otherwise stated.

ATTENDEES:

Mayor, Les Paustian

Cindi Doherty (left at 2:34 PM)

Judy Buschke

Keith Lewis

JoAnn Burleson

Kay Robinson

Steve Bogart, City Manager

Brian Harmon, Public Works Director

Laurie Timmons, Morrow County Planning Commission

Jeff Bailey, Chairman, City of Heppner Planning Commission (Left at 2:15 PM)

Nancy Gochnauer, City of Heppner Planning Commission

Rod Estes, EOHSC

Kyle Robinson

Ryan Miller

ABSENT: John Bowles

1. General Business

A. Call to Order. The November 20, 2008 Special Meeting of the City of Heppner City Council was called to order at 1:00 PM by Mayor Paustian.

B. Pledge of Allegiance. Mayor Paustian led the attendees in the Pledge of Allegiance to the flag.

C. Announcements/Agenda Additions. Mr. Bogart pointed out that Laurie Timmons, Morrow County Planning Department is in attendance to answer any questions.

2. A. New Business.

1) Recommendation from Planning Commission – Land Partition Request, Tax Lot 101 of Assessor’s Map 2S 26 35 BA, located South of Highway 74, East of Rock Street in Heppner to the Urban Growth Boundary. Applicant: Kyle Robinson, Property Owner: Merlyn Robinson.

Mr. Robinson outlined his proposal. There is additional information provided. Mr. Bogart stated that there are copies of the plat map available. These are drawn to scale. Also, a copy of a letter to Mr. Robinson from the City is included in the packet.

Mr. Robinson discussed the letter from the City. The first paragraph explained that the road maintenance needs to be discussed. He has agreed to enter into an agreement due to dust abatement on the road so that dust will not be a problem. There will be a maximum of two applications per year. The road needs to be graded and rolled prior to the application. Moisture is needed and if natural moisture is not available, the road will need to be watered prior to the dust abatement application. Mr. Paustian stated that it is unknown whether the City will maintain the road until it is up to City standards. According to Mr. Robinson, since this is a public street, their attorney has advised that they are not to enter into a maintenance agreement on a public street due to the liability. Mr. Harmon stated that he has never heard any complaints about dust on Thompson Street. PGG is the contractor for dust abatement. The City will not oil the road. The Robinsons would have to pay for oiling, etc. The November 14, 2008 letter to Mr. Robinson outlined responsibilities for maintenance of the street. Mr. Bogart stated that by agreeing to do dust abatement on the road, the Robinsons would actually be entering into an agreement. Mr. Paustian stated that the dust abatement procedure should be in writing. Mr. Bogart stated that it is his understanding that the Robinsons or their successors would be responsible for preparing the road for dust abatement. Mr. Robinson wondered about the maintenance for the road if there is no development. Mrs. Buschke asked who would handle the maintenance if the property is never developed. According to Mr. Bogart, at the time the City accepts the street, it becomes a City street. Mr. Robinson stated that this will be a dedicated City street when it is up to City standards. According to Mr. Bogart, the City would temporarily waive the level of development of the street until such time as there is additional development. It is not a City street until the City accepts it. Once development is approved, it becomes a public road, but not necessarily a City street.

The reason for not oiling the road is the expense. According to Mr. Paustian, the reason for foregoing some of the items is to get the property developed. Mr. Robinson added that when an agreement is entered into, there may be additional insurance issues.

Non Remonstrance Agreement. Mr. Bogart explained that the current owner is Mr. Robinson. However, if another parcel is developed and the requirement is to upgrade the street, Mr. Robinson will not object to the formation of a local improvement district to assess the property to pay for this.

Mr. Robinson asked about the City doing the snow removal, sanding, etc. Storm drains will be designed by Ferguson Engineering if the project goes forward. Mr. Bogart stated that state law requires storm drainage connected to the system or another system. This is the developer’s responsibility. The expense to tie into the City system at Rock Street will fall back to the developer to tie into the system where the City’s system ends.

Water Lines. Water is proposed to be delivered to the property from Morrow and Rock Streets and be installed within or adjacent to the proposed street right-of-way. Mr. Harmon explained that they had to research the line from Thompson Street to Rock Street. They discussed using the main line which goes between the Scott and Burkenbine property. This is not a new main line, and is supposed to be for Reservoir 4 (Plan A).

Plan B would be to run from Morrow to Rock Street and tie into the existing main line on Rock Street and run into Morrow Street. Some pipe will be replaced; the main line on Rock Street is a four inch line. The tie-in on the intersection of Morrow and Rock Street from the helipad will be a 6 inch pipe. The problem is trying to figure out what this will do to Rock Street. The Rock Street/Morrow Street option is the best option at this time. This had added footage and expense to Mr. Robinson. Mr. Bogart recommended that Mr. Robinson purchase the additional materials to get from Morrow Street to where the tie-in will be. The total is about 200 +/- feet of pipe, valves, etc.

Mr. Robinson is concerned about what would happen if the locates are not current. Mr. Robinson’s concerns are about the unknown. Mr. Harmon stated that he will not be able to verify depths on any utilities. If the City changes it mind on how they are going to go, it will be at the City’s expense. Not all of the pipe in the area is new pipe. Mr. Robinson asked about the cost of repaving. Mr. Robinson is also concerned about who would cover the change orders. Mr. Bogart stated that all utilities in the street should be clearly marked. A change order would not be required if the lines have to be moved slightly. Mr. Robinson originally understood that water was going to be delivered to the property. According to Mr. Harmon, a developer would have to pay the cost to deliver the water to his property. Mr. Harmon added that Robinson will not be fixing the City’s water line. Mr. Bogart assured Mr. Robinson that if the City changes the lines as designed now, the City would be responsible, if the locates are correct.

2. A. NEW BUSINESS.

Discussion:

Mr. Bailey stated that the Heppner Planning Commission met on October 28 and November 12, 2008 to consider the partition and hear public testimony. They recommended approval of Land Partition Request, Tax Lot 101 of Assessor’s Map 2S 26 35 BA, located South of Highway 74, East of Rock Street in Heppner to the Urban Growth Boundary. Applicant: Kyle Robinson, Property Owner: Merlyn Robinson, subject to certain recommendations included in the packet. Mr. Bailey stated that no other testimony was heard at the October 28 meeting. There were 8 people who testified. No one was opposed, but had concerns on dust abatement, grading of the road, location of sewer and water lines. There were also concerns about secondary access on Fairview Way.

Mr. Robinson addressed the asphalt situation. This would be an additional cost that was not budgeted. Mr. Bogart stated that the timing to do this is dependent on paving season. Mr. Miller stated that he does not have a firm estimate on the cost. He stated that he does not have a definite price since it is dependent on location to be paved. Cold mix could be used with success according to Mr. Harmon. Mr. Harmon stated that he has reduced hot patches to 3”. So far, it has been holding up.

Mr. Harmon stated that at first they were not planning on digging up any street. Currently, the Rock/Morrow Street is the plan.

Mr. Robinson questioned the cost of using gravel until the paving could be done. Mr. Miller stated that this is part of the installation.

2) Consideration of Land Partition Request, Tax Lot 101 of Assessor’s Map 2S 26 35 BA, located South of Highway 74, East of Rock Street in Heppner to the Urban Growth Boundary. Applicant: Kyle Robinson, Property Owner: Merlyn Robinson.

Discussion: Mr. Bogart stated that there is one change in the findings which was made after the hearings and findings. According to Mrs. Timmons, the change could read: “As recommended by the Public Works Director.” Mr. Bogart stated that when the application was initiated, there were a number of items that were general. Since that time, there have been a number of modifications. Every time there is a modification, there have been changes in Robinson’s responsibilities. The application was modified, submitted to the Planning Commission, and testimony was taken. Once the City accepts the street and it meets City standards, it will become a City street. Some of the standards will be temporarily waived. According to Mr. Bogart, it will become a public street. The City would have the responsibility to maintain it other than dust abatement.

Mr. Estes, Lifeways/EOHSC, discussed the fact that the facility they are planning will not have more 20 one-way trips per day, 25 mph. The only area that would need the biggest amount of maintenance would be the hill on Morrow Street. Dust abatement would be done once or twice a year. This is for Parcel #3 until another building goes up. Mr. Harmon stated that the City can handle this. According to Mr. Miller, if the road is properly maintained when dust abatement is started, it will work until another building is constructed in the future.

According to Mr. Bogart, the findings could be adopted. The water line change should be spelled out according to Mr. Paustian. Mrs. Buschke noted that she is one of the property owners noticed as having a potential impact.

3. COUNCIL ACTION:

1) Action to approve Land Partition Request, Tax Lot 101 of Assessor’s Map 2S 26 35 BA, located South of Highway 74, East of Rock Street in Heppner to the Urban Growth Boundary. Applicant: Kyle Robinson, Property Owner: Merlyn Robinson.

Action:

Motion by Mrs. Buschke to accept the recommendations of the County and City Planning Commissions to adopt the findings and approve Land Partition Request, Tax Lot 101 of Assessor’s Map 2S 26 35 BA, located South of Highway 74, East of Rock Street in Heppner to the Urban Growth Boundary. Applicant: Kyle Robinson, Property Owner: Merlyn Robinson. Seconded by Mrs. Burleson.

Discussion: It is the decision of the Council to incorporate the recommendations of the City Manager and Public Works Director into the findings.

Motion Carried Unanimously by Council members present (Bowles absent).

Discussion: Level of City participation: Cost of materials borne by the City.

Action: Motion by Mr. Lewis that the City furnish the materials on the pipeline and share the cost of the asphalt. Seconded by Mrs. Buschke. This is from Morrow and Thompson Streets to Morrow and Rock Street. Motion carried unanimously by members present (Bowles and Doherty absent).

Mr. Bogart noted that there is a fifteen day appeal period after this is finalized.

4. ADJOURNMENT. Meeting adjourned at 3:00 PM.