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					                             BAKER CITY COUNCIL
                              REGULAR MEETING
                             Tuesday, July 28, 2009

#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 of                   The Pledge of Allegiance was led by Councilor Bass
Allegiance/Invocation      and the Invocation was presented by Michelle Owen.

#3) Roll Call                   Roll call was answered by Mayor Dennis Dorrah, and
                           Councilors Andrew Bryan, Milo Pope, Clair Button, Beverly
                           Calder, Sam Bass, and Aletha Bonebrake. Also present
                           were City Manager Pro-Tem Tim Collins, Assistant City
                           Manager/Community Development Director Jennifer
                           Watkins, Police Chief Wyn Lohner, Public Works Director
                           Michelle Owen, Planning Director Don Chance, Assistant
                           Planner Mike Piña and Deputy City Recorder Becky

#4) Consent Agenda              At this time, the Council reviewed the Consent
a. Minutes of July 14,     Agenda, which included the minutes of the July 14, 2009
    2009 Regular
    Session                regular session; the minutes of the July 21, 2009 work
b. Minutes of July 21,     session; BIG DEAL Grant Awards for the Weller-Henry,
    2009 Work Session      Panatorium and Masonic Lodge buildings; and the approval
c. BIG DEAL Grant          of a contract extension with Anderson-Perry for Elkhorn
    Awards                 View Industrial Park Rail Spur.
d. Approval of
    Contract Extension
    with Anderson-               Mayor Dorrah indicated that he had noticed some
    Perry for Elkhorn      railroad ties at the industrial park. Ms. Watkins explained
    View Industrial Park   that they did not belong to the rail spur project.
    Rail Spur
                               Upon a MOTION by Ms. Bonebrake, seconded by Ms.
                           Calder, the consent agenda was APPROVED as

#5) Citizens’                     Next, Mayor Dorrah called for citizens’ participation.
                                 Dan Weitz, 43730 Old Wingville Road, Baker City
                           was present representing Baker Rural Fire.

                                  Mr. Weitz indicated that he had submitted a grant
                           application for an airport fire station. He noted that the City
                           had helped in putting the grant together. Mr. Weitz
                           explained that they had negotiated with the Land
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                               City Council Minutes July 28, 2009
Conservation and Development Commission (LCDC)
regarding a water line to the airport. He further commented
that the structure would be 16,000 square feet and would
be manned 24 hours a day.

      Mr. Bryan asked the Mayor to consider the subject of
development east of I-84for a future work session.

       In response to a question from Mr. Button, Ms. Owen
explained that the study being done by Anderson-Perry will
address the quantity of water that would be used by
potential development at the airport. She stated that the
City does not currently have permission from the DLCD to
hook water up to any industrial entities. Ms. Owen
indicated that she would like to go over the numbers with
the Airport Commission before presenting them to the

      In response to a question from Ms. Bonebrake, Mr.
Weitz indicated that the grant application had been
submitted on July 9. He added that it had been a difficult
budget to put together.

       Ms. Watkins explained that currently no one outside
the urban growth boundary could tap into City water. She
stated that she would check to see if fire suppression would
be treated differently.

       The group then discussed the next work session.
Ms. Watkins commented that the next sessions were
scheduled to address the development code and the
codification process.

       In response to a comment from Mr. Button, Mayor
Dorrah indicated that this item was on the agenda for the
City/County meeting the following evening.

       Robert Hardy, 2406 Grove Street, Baker City,
indicated that he wanted to discuss parking issues during
Miners’ Jubilee. He explained that he had been threatened
with a parking ticket or forced to purchase a parking permit.

       In a discussion regarding this matter, Mr. Collins
indicated that the City and the Chamber needed to have
some discussions since he was not aware of any parking
permits issued in that area. Chief Lohner added that the

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    City Council Minutes July 28, 2009
                         Chamber had some safety concerns with all the extra
                         activity in the vicinity of the park where Miners’ Jubilee was

                                The group discussed possibly posting notices prior
                         to the event to let the neighbors know which streets would
                         be closed.

                              Mayor Dorrah commented that after talking to the
                         Chamber, Mr. Hardy would be updated.

#6) Request for Social          The next item on the agenda was a request for a
Games License-           social games license from Stockman’s.

                               Taken from staff report:

                                Background Summary (from Chief Lohner):

                             In October of 2006 Stockman’s applied for a Social
                         Gaming License. Because of a number of infractions, the
                         Council chose to deny the application with a three-month
                         probationary period. After that time, improvements had
                         been made and the license was granted.

                            Analysis (Include impacts on City resources and

                              During this past year, approximately July 2008 to July
                         2009, we have once again seen an increase in calls for
                         service at the Stockman’s. There are 81 separate dispatch
                         log reports related to the Stockman’s bar. Many of those
                         were proactive efforts, primarily initiated by our officers,
                         who conducted walk-throughs in an attempt to prevent
                         disturbances and other alcohol related incidents. Even with
                         those efforts, alcohol related incidents rose 33% to 40 (as
                         compared to the 30 recorded from April 2007 to April
                         2008). These included assaults, DUIIs, thefts, medical
                         calls and other disturbances. During this past year
                         Stockman’s was also issued a citation from OLCC for
                         serving a visibly intoxicated person.

                             This increase in incidents, along with the long history
                         of criminal activity at this establishment, has also drawn
                         increased attention of the Oregon Liquor Control
                         Commission. OLCC is currently conducting an
                         investigation of Stockman’s, for having a “History of

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                             City Council Minutes July 28, 2009
Serious and Persistent Problems”. This could lead to a
revocation of their liquor license.

    With regard to the Social Gaming Application,
ordinance #2961 gives this authority:

     Section 5. Standards for Issuance of License:
     1. The chief of Police shall investigate and determine
if the character, competency and integrity of the applicant
are such as to warrant the issuance of a social game’s
license. In addition, the license shall not be granted if…

    Although there may not be a direct tie between the
alcohol related incidents and the social gaming license, I
do feel there is an indirect tie due to the added patronage.
Also, with the history at this establishment I believe that
the “character, competency and integrity” listed above is
seriously in question; specifically the competency

       In reviewing the staff report, Chief Lohner explained
that this is similar to the Rising Sun Palace request from a
previous meeting. He commented that during the previous
night, shots had been fired by a patron of Stockman’s.
Chief Lohner stressed the need for control before someone
gets hurt.

      Mr. Pope made a MOTION to deny the social
gaming license to Stockman’s as recommended by the
Police Department. The motion was seconded by Ms.

      There was a discussion regarding the different
customer base. It was noted that that those playing poker
were not part of the clientele that normally causes the

       Wayne Burnside, 775 Fourth Street, Baker City,
indicated that he was present to represent those who enjoy
poker games. He commented that his group is not the
problem and noted that Chief Lohner had acknowledged
that fact.

       Mr. Burnside read a prepared statement in which he
noted that the poker players are citizens of Baker City who
follow the rules and invest in the community. He asked the

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    City Council Minutes July 28, 2009
Council to consider approving the license.

        Rick Williams, 1769 Estes Street, Baker City,
agreed with the comments from Mr. Burnside. He added
that without having a place to go, the poker players would
be forced to have games at a private home. Mr. Williams
stressed that it was not the poker players who cause the
problems in the local establishments.

       Carl Myers, 1233 Madison, Baker City, indicated that
he often plays poker and has noticed that when there are
problems the bouncers take care of it. He asked the
Council to have an open mind and remember that the poker
players are not the people causing problems.

      Mayor Dorrah commented that the police report
shows about one call per week. Chief Lohner responded to
the Mayor’s comment stating that a call for alcohol
poisoning is a serious issue. He noted that there is nothing
wrong with having a friendly poker game at a person’s

       Chief Lohner indicated that there have been hours of
training provided to the establishments to help them solve
this problem. He stressed the importance of keeping
citizens safe.

       In response to a question from Ms. Bonebrake, Chief
Lohner explained that he recommended a year before re-
evaluating Stockman’s for approval of a social gaming

       Ms. Calder commented that 3½ calls per month is
not, in her opinion, enough to make the business wait a
year. Chief Lohner explained that only two establishments
have these issues.

      There was a brief discussion regarding other
businesses with social gaming licenses.

       Mr. Bass commented that a good business owner
usually knows the problem customers and should not allow
them into their establishment.

      Mr. Pope commented that he, too, loves to play
poker, but stated that there is a commitment to the public

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    City Council Minutes July 28, 2009
                         safety experts and they recommend that this application not
                         be approved.

                                After a brief discussion of this issue, the Council
                         voted on the motion. With all in favor, except Ms. Calder
                         and Mayor Dorrah, who were opposed, the motion

#7) Request to Approve         Next on the agenda was a request to approve a
Seven Iron, LLC          contract addendum from Seven Iron, LLC.
Contract Addendum

                               Taken from staff report:

                                Background and Analysis:

                                Seven Iron, LLC was granted a license to operate
                         Baker City’s municipal golf course starting with the 2004
                         calendar year. The license was originally for a three (3)
                         year term with an option for a five (5) year extension.
                         Seven Iron exercised their right to a five (5) year extension
                         and the license currently is set to expire at the end of 2011.

                                 Seven Iron, LLC underwent a change in ownership
                         this past year with Billy Cunningham now being the sole
                         owner. In addition to the cost of buying out his former
                         partner, Mr. Cunningham has spent a great deal of money
                         in improving the golf course property (especially the pro
                         shop). To give him some assurance of being able to have
                         the opportunity to recover his investment, he has asked that
                         his license be extended for a period of five (5) years from
                         its current date of termination, December 31, 2011. In
                         addition, he has requested a clarification of maintenance
                         responsibilities and certain financial relief.

                                Mr. Collins indicated that the City and Billy
                         Cunningham, owner of Seven Iron, LLC, had been in
                         discussion for several weeks regarding the matters
                         reviewed in the staff report.

                                In a discussion regarding Mr. Cunningham’s
                         requests, it was agreed that a plan should be in place to
                         repay the Mount Hope Fund.

                                Mr. Bryan commented that the Council should
                         support recommendations from Commissions and Boards,
                         although he added it should not be blanket support. He

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                             City Council Minutes July 28, 2009
noted that the golf course is the only City-owned asset that
requires payment.

       Mayor Dorrah recommended extending the five year
contract and splitting the 2009 payment of $22,500
between the seven years left on the contract.

        Billy Cunningham, 15176 Maxwell, Haines,
indicated that the golf course had some infrastructure
problems. He added that he had been working with former
City Manager Steve Brocato and Economic Developer
Gene Stackle on a plan to invest in the golf course. Mr.
Cunningham stated that in his opinion the Council did not
have enough information to make the decision regarding
the financial relief he was requesting.

       Mr. Pope made a MOTION to approve Mr. Collins
recommendations: grant Mr. Cunningham a five (5) year
license extension; approve the new language clarifying the
separation of duties regarding maintenance; and grant the
request for waiver of the 2009 license fee. The motion was
seconded by Mr. Bryan. Upon a request by Mr. Collins, the
motion and second were amended to add that the Mount
Hope Fund be made whole.

        Ms. Calder commented that although she was not a
golfer, she thought the golf course was beautiful and had
the potential to become a year-round asset to the City.

       In response to a question from Ms. Calder, Mr.
Cunningham indicated that the extension of the lease and
the clarification of maintenance duties would help, but
because of the cost of the upgrades to the irrigation system
he did not know if he would be able to make the golf course
work in the long term.

       Mayor Dorrah explained that the City pays for the
water. In response to a question from Mayor Dorrah, Mr.
Cunningham explained that the new irrigation system could
save as much as $20,000 in water.

        Mr. Bryan commented that for Mr. Cunningham it
was a privilege to run the golf course and also a privilege
for the City to have him running it.

       In a discussion regarding the cost of the irrigation

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    City Council Minutes July 28, 2009
                  system costs, Mr. Collins indicated that it could cost as
                  much as $400,000 if it needed to be replaced.

                           Jim Grove, 505 Valley Avenue, Baker City, Golf
                  Board member, commented on the large amount of money
                  that the golf course puts into the community. He noted that
                  the Golf Board had recommended waiving the City fee for
                  the life of the contract. Mr. Grove stated that some other
                  golf courses in the surrounding areas are leased for $1 per

                         Mr. Bryan requested that the Mayor look at possibly
                  having a joint session in the fall with the Golf Board.

                           At this time the Council voted on the motion. With
                  all in favor, except Mayor Dorrah, who was opposed, the
                  motion was APPROVED.

#8) Awarding of          The next item on the agenda was awards for
Sidewalk Grants   sidewalk grants.

                        Taken from staff report:


                          The City of Baker City recognizes that
                  reconstruction and maintenance of sidewalks within the City
                  is necessary for the health, safety, and welfare of the City
                  and its inhabitants to be safeguarded. In response to that
                  need, a utility fee was established by Ordinance No. 3284.
                  The proceeds of the fee are to be used to assist property
                  owners in making such necessary repairs. Each year in
                  March the amount available for grant distribution will be
                  determined based on a Council-established percentage of
                  the actual utility fee collected for the proceeding year from
                  the beginning of March to the end of February. For 2009,
                  75% of the collected funds, or $16,060, is available for
                  grant awards. Resolution No. 3615 provides for the
                  procedure and requirements for disbursement of grants.


                          Staff prepared, advertised, distributed and collected
                  applications from the first Monday in May through June 1,

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                      City Council Minutes July 28, 2009
                                 Ms. Owen indicated that additional applications had
                         been received and asked the Council if they would
                         authorize a lottery to determine the remaining grant awards.

                                 There was a general discussion regarding the costs
                         of sidewalk replacement and repairs.

                                Upon a MOTION by Mr. Pope, seconded by Mr.
                         Bass, with all in favor the motion to use the lottery process
                         was APPROVED.

#9) First and Possible          The next item on the agenda was the first and
Second Readings of       possible second readings of Ordinance No. 3292, adopting
Ordinance No. 3292
Adopting a Property      a property maintenance code.
Maintenance Code
                               Taken from staff report:


                                The Council has reviewed the draft property
                         maintenance code over many weeks. The final draft is now
                         presented to begin the adoption process.

                                 Mr. Collins explained that the section on discarded
                         vehicles had been addressed in the final draft. He clarified
                         that two discarded vehicles would be allowed on the
                         property and they would need to be in a structure or
                         covered, unless they were being worked on.

                                Upon a request by Council, Ms. Watkins read
                         Ordinance No. 3292 for the first time in its entirety.

                                With a MOTION by Mr. Pope, seconded by Mr.
                         Bryan and with all in favor, the first reading of Ordinance
                         No. 3292 was APPROVED.

                                Upon a request by Council, Ms. Watkins read the
                         ordinance for the second time by title only.

                                Upon a MOTION by Ms. Bonebrake, seconded by
                         Mr. Button and with all in favor, the second reading of
                         Ordinance No. 3292 was APPROVED.

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                             City Council Minutes July 28, 2009
10) First and Possible         The next item on the agenda was the first and
Second Readings of       possible second readings of Ordinance No. 3295, adopting
Ordinance No. 3295
Adopting Amendments      amendments to the sign code.
to Sign Code
                               Taken from staff report:


                                 The City Council recently adopted a comprehensive
                         revision to the City’s sign code, Ordinance No. 3291.
                         During the deliberations and adoption of the new code,
                         issues arose regarding the treatment of billboards. A
                         request was made by members of the City Council to
                         consult with interested parties in the billboard industry and
                         investigate potential amendments that would satisfy all
                         affected interests. A consensus was achieved between the
                         Planning Commission, Planning Department and members
                         of the billboard industry active in Baker City.          That
                         consensus language is the proposal now before the City
                         Council for consideration.


                                 The proposed amendments relate to designated
                         areas along the I-84 corridor and south Highway 30 as
                         regards the placement or replacement of billboards. As
                         proposed, billboards would be permitted by conditional use
                         permit within certain zones per established standards.
                         Those standards include size and height limitations, Oregon
                         Department of Transportation (ODOT) regulations, spacing
                         requirements, and a variety of other review criteria to be
                         taken into consideration by the Planning Commission in the
                         consideration of a conditional use permit request.

                                 As drafted, the proposed amendments could permit
                         the replacement of existing billboards and the
                         establishment of a limited number of new billboards within
                         designated areas, subject to standards and approval.

                               Upon a request by Council, Ms. Watkins read
                         Ordinance No. 3295 for the first time in its entirety.

                                 Mr. Button thanked Jon Lehman of Meadow
                         Advertising and the Planning Commission for participating
                         in this process.

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                             City Council Minutes July 28, 2009
                            Mr. Pope made a MOTION to approve the first
                      reading. It was seconded by Ms. Bonebrake.

                             Mr. Lehman, 922 Tenth Street, The Dalles, Oregon,
                      thanked the City staff, the Planning Commission and the
                      City Council for allowing the compromise to come together.

                            In a vote, with all in favor, the first reading of
                      Ordinance No. 3295 was approved.

                            Upon a request by the Council Ms. Watkins read the
                      ordinance for the second time by title only.

                            Upon a MOTION by Ms. Calder, seconded by Ms.
                      Bonebrake and with all in favor, the second reading of
                      Ordinance No. 3295 was APPROVED.

11) Appointments to       Next on the agenda were appointments Boards and
Boards and            Commissions.
a. Tree Board
                            Taken from staff report:


                              The City had two full term vacancies on the Tree
                      Board and one partial vacancy on the Historic District
                      Design Review Commission (HDDRC) which had been
                      advertised to the public.      One application had been
                      received for the Tree Board: Jacqueline Taylor.

                             Mr. Bryan made a MOTION to appoint Ms. Taylor to
                      the Tree Board. He noted that she was a highly qualified
                      applicant and commented on her other volunteerism in the

                              The motion was seconded by Ms. Bonebrake and
                      with all in favor, Ms. Taylor was APPOINTED to the Tree
                      Board for a three-year term.

#12) City Manager/           Under City Manager/Director comments, Mr. Collins
Director Comments     indicated that a current City employee had asked
                      permission to retire then return to work for an additional six
                      months as a non-PERS eligible employee. He explained
                      that normally this would not be a Council issue, but he, as
                      the City Manager Pro-Tem, could not make this type of
                      personnel decision. Mr. Collins added that this particular

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                          City Council Minutes July 28, 2009
employee is someone that the City would want to hire back.
He noted that because the City would not be paying into the
Public Employee Retirement System (PERS) there would
be some money savings to the City.

       Mr.     Collins    further    explained     that his
recommendation would be to accept this as a general
policy, but treat it on a case by case basis; it would be a
normal hiring decision. He asked the Council if they had
any objections to this course of action, they did not.

       Ms. Watkins indicated that there was an opportunity
to submit a grant application to assist with air service to the
Baker City community. She asked if the Council had any
objections to this grant application. Ms. Watkins noted that
it would be necessary to receive support from the Council.

     Mr. Bryan noted that SeaPort Airlines would be the
company that would furnish this service.

       After a brief discussion, there was CONSENSUS
from the Council to proceed.

       Ms. Watkins stated that the City had received a grant
from the Certified Local Government program for the design
of Court Street Plaza. She commented that after the public
comment period is done, this will be brought before the
Planning Commission then the City Council.

       Mr. Chance added that there would be a design
workshop on the following Tuesday at 5:15 regarding this

       Chief Lohner indicated that the COPS grant had not
been awarded to Baker City. He reminded the Council that
this was to be the funding for the Student Resource Officer
(SRO).     Chief Lohner stated that there may be an
opportunity for funding in 2010 and that he had, in the
meantime, reorganized the department to help with this
matter. He noted it would not be as good as what was in
place in the past, but he and his department were working
on developing strategies.

       Ms. Owen indicated that this was a busy time with
the D Street project, the railroad crossing on Auburn, the
railroad spur on Broadway and the upcoming chip seal

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    City Council Minutes July 28, 2009

#13) Council Comments          Under Council comments, Mr. Pope read a prepared
                        statement in which he referred to his comments at the
                        previous Council meeting. During that meeting, he had
                        asked the Council to give Steve Brocato an opportunity to
                        publicly defend the accusations made against him. He
                        quoted William Faulkner, Nobel Prize winner “the past is
                        never dead, it’s not even past.”

                              Ms. Calder commented that in a quote from former
                        Mayor Jeff Petry, “the majority has decided; you must
                        accept the majority.”

                                She indicated that with the help of Mitch Bulthuis,
                        Frances Mohr and many others, dog stations had been
                        installed around the City. She noted that there has not
                        been any vandalism to them at this point.

                               Ms. Calder asked to save the printed ordinances that
                        were included with the packet so new ones would not have
                        to be distributed.

                               Mr. Button commented that he had discussed with
                        Mr. Collins as well as Mr. Brocato, the possibility of using
                        laptops or flash drives for the packets instead of printing
                        them out.

                               Ms. Bonebrake commented that the minutes were
                        very clear and comprehensive.

                               In response to a question from Ms. Bonebrake, Mr.
                        Chance explained that the meeting regarding the proposed
                        skate board park was very interesting and had a good
                        turnout. He added that locations other than the choice on
                        Campbell were discussed.

                              Mr. Bryan commented that he would rather have the
                        paper with him at the meetings. He noted that he was not
                        concerned about the paper.

                               Mr. Bryan indicated that on Facebook® there was a
                        comment that three Councilors gave Steve Brocato all 5s in
                        their evaluations. Mr. Bryan clarified, stating that not only
                        did he not give Mr. Brocato all 5s, Mr. Button had scored
                        Mr. Brocato higher than he did.

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                            City Council Minutes July 28, 2009
                       Mr. Bryan commented that he was glad to see the
               intern from the Baker City Herald present at the meeting.

                      He noted that there was a fantastic parade at the
               Miners’ Jubilee and commended Amy and Darby Dunkak
               for all they did. Mr. Bryan reminded the group of the
               Shriners’ parade on the following Saturday. Chief Lohner
               stated that the parade would come up Second Street and
               Valley Avenue.

                      Mayor Dorrah reminded the group of the City/County
               meeting on the following evening. He thanked Public
               Works for the work on the railroad crossing on Auburn,
               noting that it was much better.

#14) Adjourn       With no further business to discuss the meeting was
               ADJOURNED at 9:38 p.m.


                         City Recorder

                             Page 14 of 14
                   City Council Minutes July 28, 2009

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