MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark...

44
Page 1 of 3 CITY OF MAUPIN P.O. Box 308 Tel: 541/395-2698 Maupin, OR 97037 Fax: 541/395-2499 MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING Wednesday, AUGUST 26, 2020 6:30 p.m. At Maupin Civic Center, 507 Grant Street, Maupin, OR COVID-19 Update: Due to federal and state requests to limit public gatherings, the City Council will hold an online video conference meeting that the public can watch and participate in via Zoom at https://us02web.zoom.us/j/88006737863. City Hall will not be open to the public during the meeting. For questions on connecting with Zoom, contact City Manager Kevin Lewis at 1-330-281- 8336 or [email protected] For voice only, instead of a computer, call in from a phone at 1-253-215-8782 (Meeting ID: 880 0673 7863) AGENDA 1) Call Meeting to Order / Roll Call of Council and Staff / Pledge of Allegiance 2) Approval of Consent Agenda. Items of a routine and non-controversial nature are placed on the Consent Agenda to allow the Council to spend its time on significant items and issues. Any Council member may request that an item be withdrawn from the Consent Agenda and be placed in the business section of the Agenda. A) Minutes of March 25, 2020; April 22, 2020, May 21, 2020; and July 22, 2020 Council Meetings B) Minutes of Budget Committee May 25, 2020 C) Minutes of August 12, 2020 Council Work Session D) Mayor/City Manager Monthly Finance Report E) Payment of Invoices for July 2020 3) Audience Participation. This time is set-aside for the public to speak on any subject which does not later appear on the agenda. Three minutes per person will be allowed. The maximum amount of time for all public comments under this agenda item will be 15 minutes. Council will not engage in dialogue but can consider scheduling any matter as an agenda item at a future Council Meeting. 4) REPORTS: A) Mayor – Mayor Ewing B) Public Works – Councilor Troutman C) Planning Commission – City Manager, Kevin Lewis D) City Manager – Kevin Lewis E) Chamber – Coordinator Stephanie Anderson F) Library – Librarian Dod G) Parks – Councilor Beatty H) Special Projects - Councilor Wright I) Economic Development - Councilor Foreaker J) Environmental/Recycle – Councilor Foreaker

Transcript of MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark...

Page 1: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

Page 1 of 3

CITY OF MAUPIN P.O. Box 308 Tel: 541/395-2698 Maupin, OR 97037 Fax: 541/395-2499

MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING

Wednesday, AUGUST 26, 2020 6:30 p.m.

At Maupin Civic Center, 507 Grant Street, Maupin, OR

COVID-19 Update: Due to federal and state requests to limit public gatherings, the City Council will hold an online video conference meeting that the public can watch and participate in via Zoom at https://us02web.zoom.us/j/88006737863. City Hall will not be open to the public during the meeting. For questions on connecting with Zoom, contact City Manager Kevin Lewis at 1-330-281-8336 or [email protected] For voice only, instead of a computer, call in from a phone at 1-253-215-8782 (Meeting ID: 880 0673 7863)

AGENDA

1) Call Meeting to Order / Roll Call of Council and Staff / Pledge of Allegiance 2) Approval of Consent Agenda. Items of a routine and non-controversial nature are

placed on the Consent Agenda to allow the Council to spend its time on significant items and issues. Any Council member may request that an item be withdrawn from the Consent Agenda and be placed in the business section of the Agenda.

A) Minutes of March 25, 2020; April 22, 2020, May 21, 2020; and July 22, 2020 Council Meetings

B) Minutes of Budget Committee May 25, 2020 C) Minutes of August 12, 2020 Council Work Session D) Mayor/City Manager Monthly Finance Report E) Payment of Invoices for July 2020

3) Audience Participation. This time is set-aside for the public to speak on any subject

which does not later appear on the agenda. Three minutes per person will be allowed. The maximum amount of time for all public comments under this agenda item will be 15 minutes. Council will not engage in dialogue but can consider scheduling any matter as an agenda item at a future Council Meeting.

4) REPORTS:

A) Mayor – Mayor Ewing B) Public Works – Councilor Troutman C) Planning Commission – City Manager, Kevin Lewis D) City Manager – Kevin Lewis E) Chamber – Coordinator Stephanie Anderson F) Library – Librarian Dod G) Parks – Councilor Beatty H) Special Projects - Councilor Wright I) Economic Development - Councilor Foreaker J) Environmental/Recycle – Councilor Foreaker

Page 2: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

Page 2 of 3

K) Deschutes Rim Health Clinic Update –Councilor Helquist L) Public Safety – Councilor Helquist M) City Attorney - Paul Sumner

5) APPOINT Council Vacancy

6) APPROVE OLCC Annual Recommendation.

7) APPROVE application for a change in OLCC license holder. 8) APPROVE RESOLUTION 08262020-01: resolution to appropriate COVID Relief

Grant received from Oregon Department of Administrative Services.

9) APPROVE Committee Recommendation for Housing Needs Analysis Contract Hire.

10) CONSIDERATION of Local Charitable Grant Request

11) CONTINUATION PUBLIC HEARING: Deliberation & Decision to consider an Ordinance Establishing Operational Rules and Regulations for Short Term Rentals in the City, Establishing A Permitting Procedure, and A Procedure for Dealing with Violations to this Ordinance.

12) PUBLIC HEARING to consider an Ordinance Amending the City Zoning Ordinance

to Allow Short Term Rentals in the Commercial Zones of the City and Making Other Adjustments as Necessary to Complete that Revision and Declaring an Emergency.

13) DISCUSSION Council goal setting and community visioning plans 14) COMMUNICATIONS 15) Suggested topics for next meeting

a. City Employee Handbook Review 16) Next Meeting – Wednesday, September 23, 2020 6:30 PM

17) Adjourn Public Hearing Testimony The Council places great value on testimony from the public. People who wish to testify are encouraged to: ● Provide written summaries (12 copies to the City Recorder prior to the agenda item) ● Recognize that substance, not length, determines the value of testimony ● Endorse, rather than repeat, testimony of other witnesses with whom you agree ● The Mayor may limit time for testimony on any item and may set time limits (usually 3 minutes) for individual speakers Thank you for taking the time to present your views. Note: Because of the uncertain length of time needed, the Council may deal with any item at any time in the meeting. Anyone wishing to be heard on any item should arrive when the meeting begins to avoid missing an item of interest. Topics not on the agenda may be introduced and discussed during the Audience Participation.

Page 3: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

Page 3 of 3

CITY MEETING CALENDAR MONTH DATE DAY TIME GROUP LOCATION

September 2020

15

Tues 6:00 pm

Planning Commission Meeting

Maupin Civic Center ZOOM

23

Wed 6:30 pm Regular Council Meeting Maupin Civic Center ZOOM

Page 4: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING March 25, 2020 Page 1 of 4

MINUTES CITY COUNCIL MEETING

March 25, 2020 6:30 p.m.

ZOOM/TELECONFERENCE MEETING

PRESIDING: Mayor Lynn Ewing COUNCIL PRESENT: Lynn Ewing, Tom Troutman, Susan Wright, Jon Helquist

Suzanne Knapp, Mike Foreaker COUNCIL ABSENT: Carol Beatty STAFF PRESENT: City Manager Kevin Lewis, Recorder DeOra Patton,

Attorney Paul Sumner Visitors Present: Stephanie Anderson, Wes Owens, Christine Wolfe, Scott Hege, Ben Gates, Greg Price CALL TO ORDER/ ROLL CALL/ PLEDGE OF ALLEGIANCE. The meeting was called to order by Mayor Ewing at 6:30 p.m. Roll call of Council and staff was conducted by Recorder Patton. Councilor Beatty was absent due to difficulty connecting online. Mayor Ewing led council and audience in Pledge of Allegiance. CONSENT AGENDA: A) Approval of Minutes of January 22, 2020; B) Mayor/City Manager Monthly Finance Report; B) Payment of Invoices for February 2020. It was moved by Councilor Helquist, seconded by Councilor Wright, and passed unanimously on a 6 to 0 vote (Ayes: Foreaker, Knapp, Ewing, Wright, Troutman & Helquist; Nays: none); the Council approves Consent Agenda as presented. ADOPTION OF DECLARATION OF STATE OF EMERGENCY. A copy of this proposed Resolution No. 03252020-1 Declaring a Local State of Emergency and Declaring Emergency Measures Order was provided to Council in advance of this meeting. Mayor Ewing summarized the Resolution. It was moved by Councilor Helquist, seconded by Councilor Foreaker, and passed unanimously on a 6 to 0 vote (Ayes: Foreaker, Knapp, Ewing, Wright, Troutman & Helquist; Nays: none); the Council adopts Resolution No. 03252020-1 Declaring a Local State of Emergency and Declaring Emergency Measures Order as presented. AUDIENCE PARTICIPATION. none

Page 5: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING March 25, 2020 Page 2 of 4

REPORTS.

City Manager. City Manager Lewis reported on an event held in the Civic Center by South Wasco Alliance; on Public Works staff still assisting in City Park repairs and maintenance; on the fire siren now taken down for fixing and painting and reinstallation at the Public Works compound; and on his working on virtual conferencing.

Mayor. Mayor Ewing summarized his written report giving updates and announcements relative to Covid-19 pandemic, notices posted via Facebook, and cancellations of upcoming community events.

Planning Commission. Recorder Patton reported there was no quorum at the last meeting. The next meeting will be virtual and will include discussion on vacation rentals in commercial zones, and review of an assessment prepared by Planner Meader on availability of houses in the commercial zones. Library. City Manager Lewis reported on the operations of the library during Covid-19 shutdown; the library is temporarily closed to the public; a Little Library Book stand has been placed outside of the Civic Center; the Librarian Director will be available by telephone to arrange check out of books. Chamber. Director Stephanie Anderson summarized her written report giving an update on upcoming events and social media. The Chamber will make a final decision in April on whether to cancel Maupin Daze. Parks. Parks Ground Manager Randy Bechtol reported on projects they are getting done in the City Park, and on getting a lot of calls from people to reschedule RV/tent camping. They are offering a Covid-19 transfer credit.

Special Projects. Councilor Wright reported she and City Manager Lewis will meet tomorrow for finishing up on the Civic Center. Mayor Ewing reported Griffin will be here tomorrow to work on a few things.

Economic development. Councilor Foreaker reported Carrie Pippinich of MCEDD has volunteered to help the City with the Housing Needs Analysis. Environmental/Recycle. Councilor Foreaker reported on the last Recycling Steering Committee meeting.

Legislative / LOC. Councilor Knapp reported on the special session being put together; of LOC holding weekly conference meetings and email updates on the Governor’s updates and Covid-19. LOC is also providing information on how to conduct meetings electronically and

Page 6: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING March 25, 2020 Page 3 of 4

Declaration of Emergency. MCEDD is working on a task force for economic resiliency and resource during these trying times. Deschutes Rim Health Clinic Update. Councilor Knapp reported patient visits/revenue is down. They have begun skyping/tele-health care for patients. Some staff have been laid off. The Congressional bill has some relief for rural clinics, so looking into that. For the foundation, the Board has approved contracts with Westby Associates and Pinnacle Architect. They are redesigning the building, reducing footprint to save costs and will meet with MCMC in April to review the design.

Public Safety. Councilor Helquist reported the news is inundated with Covid-19 updates. The Portland Police Bureau has put out a notice on increasing suicide attempts, so keep a watch on persons you may know.

CIVIC CENTER UPDATES & INFO.

a. Grand Opening – Mayor Ewing reported this event has been postponed indefinitely. GREG PRICE, DIRECTOR, SMALL BUSINESS DEVELOPMENT CENTER, CGCC. Mr. Price gave some background on his education and reported on new goals for how their Center operates; community outreach, training programs in Maupin, and staff focused on supporting small businesses. CONSIDER CITY PARK FEES. City Manager Lewis reviewed the rate increase proposal for user fees in the City Park. Council was provided with a list of the current and proposed rates and estimate of revenues to be generated in comparison to the 2019 year. The rates are mid-range for the State. Councilor Troutman suggested to establish a seasonal fee to the outfitters for luncheon use based on data from the last three years. Based on staff inquiries, discussion was held on refund policy and possibly changing the method to account for number of rafts coming into the Park; have conversation with raft companies to have them provide reports on numbers. It was the consensus of Council to set this matter over to a public hearing at the April Council meeting. COUNCIL RULES ADOPTION. Council was provided with a final edited copy, color-coded with revisions shown from worksessions, grammatical changes, and some updates. An addition was made to Section 23.a. It was moved by Councilor Foreaker, seconded by Councilor Wright, and passed unanimously on a 6 to 0 vote (Ayes: Foreaker, Knapp, Ewing, Wright, Troutman & Helquist; Nays: none); The Council adopts Resolution No. 03252020-2, “A RESOLUTION ADOPTING A POLICY ESTABLISHING RULES OF PROCEDURE FOR THE COMMON COUNCIL OF THE CITY OF MAUPIN” as amended. CONSIDER CIVIC CENTER RFP CLEANING SERVICES. Mayor Ewing reported the one bidder notified him today that due to a family matter, she will not be able to call in on this meeting to submit information on her proposal. He further reported she is in the process to get

Page 7: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING April 22, 2020 Page 1 of 6

MINUTES CITY COUNCIL MEETING

April 22, 2020 6:30 p.m.

ZOOM/TELECONFERENCE MEETING

PRESIDING: Mayor Lynn Ewing COUNCIL PRESENT: Lynn Ewing, Susan Wright, Jon Helquist, Carol Beatty

Suzanne Knapp, Mike Foreaker, Tom Troutman (6:44 pm) COUNCIL ABSENT: none STAFF PRESENT: City Manager Kevin Lewis, Recorder DeOra Patton,

Attorney Paul Sumner, City Planner Dan Meader & Assistant Kirk Fatland

Visitors Present: Medy Gantz, Ellen Ragen, Allison & Randy Bechtol, Rob Miles, Scott Hege, Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson, Dale Madden, Kathy Peck, Kate Wallace, Rod Woodside, Steve Kramer CALL TO ORDER/ ROLL CALL/ PLEDGE OF ALLEGIANCE. The meeting was called to order by Mayor Ewing at 6:30 p.m. Roll call of Council and staff was conducted by Recorder Patton. Mayor Ewing led council and audience in Pledge of Allegiance. CONSENT AGENDA: A) Approval of Minutes of January 30, February 24, and March 9, 2020; B) Mayor/City Manager Monthly Finance Report; B) Payment of Invoices for March 2020. It was moved by Councilor Foreaker, seconded by Councilor Helquist, and passed on a 5 to 1 vote (Ayes: Foreaker, Ewing, Wright, Beatty & Helquist; Nays: Knapp); the Council approves Consent Agenda as presented. AUDIENCE PARTICIPATION. none REPORTS.

City Manager. City Manager Lewis reported having a lot going on; a lot of things happening with the public works department; Recorder Patton is going to be retiring as of July 1st; will post that position next month; Recorder Patton is working on getting the old city hall cleaned out; the Parks Managers last day is May 3rd; in looking at the other applicants on file to fill those positions, John Odegard will be the Parks Maintenance Manager and Cheryl

Page 8: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING April 22, 2020 Page 2 of 6

Mojzer will be the Parks Office Manager with reporting and supervision continuing with the City Recorder as it has been due to the relationship between himself and Cheryl.

Mayor. Mayor Ewing reported on still operating under the “Stay at Home, Stay Safe Order”; he is posting information almost daily on Facebook; a lot of local events are being canceled until next year; the Oregon Food Bank is set up at the City Park providing food to community on Friday afternoons and they are looking for a permanent location in Maupin; GorgeNet is doing free internet installs at this time; the School and parents are working on getting banners on the light poles honoring graduates and donations can be made to the School; and there are 12 cases of Covid in Wasco County as of today.

Planning Commission. Recorder Patton deferred to Item 7 on the agenda. Chamber. Director Stephanie Anderson reported on decision to cancel Maupin Daze; social media; motorcycle rally (poker run) event; and marketing on the Columbia River Gorge site. Library. City Manager Lewis reported Librarian Dod has been working on the new City website and Assistants are working on training and getting old city hall cleaned. Parks. Chairman Beatty complimented Parks Managers Randy and Allison Bechtol on work they have done at the City Park. Parks Ground Manager Randy Bechtol reported on the installation of concrete pads in key RV sites having been completed by public works crew and Todd Anderson; having completed tree trimming; having fertilized the grass; and having begun irrigating in City Park and Kaiser Park. Parks Office Manager Allison Bechtol reported on the number of Covid-19 transfer credits and refunds of park reservations and addition of directional signage. Mayor Ewing additionally thanked Randy and Allison on their work and time in the Park. Randy Bechtol expressed his appreciation to all the councilors for their support and hiring of them in the Parks positions. Special Projects. Councilor Wright reported on two ongoing projects for the Civic Center, those being the retrofitting of the handicap door opener on the Grant Street side and number signage for building address as per fire emergency codes.

Economic development. Councilor Foreaker reported Carrie Pippinich of MCEDD has finalized the RFP for the Housing Needs Analysis. Environmental/Recycle. Councilor Foreaker reported on the Tri-County Hazardous Waste &Recycling Steering Committee meeting, of allocating monies to hire a contractor to look into the possibility of Commissioner Kramer and Wasteconnect Bailing Facility proposal or other. Also, the Statewide Recycling Committee will be submitting their report to the Legislature and recommending a scenario option.

Page 9: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING April 22, 2020 Page 3 of 6

Legislative / LOC. Councilor Knapp announced a LOC Town Hall with the Governor tomorrow to discuss reopening Oregon. Legislatively, discussion will be held on emergency funding for small businesses, rent assistance, etc. Deschutes Rim Health Clinc Update. Councilor Knapp reported this is a tough time at the Clinic, with the pandemic; they are impacted financially; there is a lack of patients; they are having to lay off staff; Dr. LaPlante is leaving; and they have contacted MCMC to give face to face support, but mostly telehealth medicine. For the foundation, they have been working with Westby Associates rebranding the mission statement and logo to give a new face to the Clinic. They are putting a hold on capital funding until get the Clinic on the ground financially.

Public Safety. Councilor Helquist reported public health is inundated with information for staying safe. He encouraged people to go to the Clinic; it does not have to be an emergency. He hopes the Library can open soon because it contributes to good mental health. He encouraged everyone to stay safe and for everyone to do their part. Attorney Report. Attorney Sumner presented a short video from LOC, a presentation on open meetings and requirements thereto. It is a violation of open meetings to discuss things in ways that there are multiple communications, such as by email, through staff, councilors. You cannot have discussion in reply to all email. The Oregon Governmental Ethics Commission, LOC, and Attorney General counsel suggest resources and training. The basics for open meetings are to include public attendance, and for serial communication (councilor to councilor to councilor), there should be no response except for in public meeting. He suggested a helpful training is the elected officials’ essentials training put on by LOC in the Fall.

PUBLIC HEARING TO CONSIDER INCREASES TO CITY PARK USER FEES. CONSIDERATION ON ADOPTION OF A RESOLUTION ESTABLISHING THE FEES WILL FOLLOW. Notice of Hearing was published on the City’s Website and posted locally. The proposed fees were also posted on the City’s website and put up on the video screen of this meeting for viewing. Mayor Ewing opened the public hearing. On inquiry, it was acknowledged the last fee increases were in 2016. Parks Office Manager Bechtol submitted support to the increases. Councilor Troutman disclosed a conflict of interest as he is a user of the Park with his rafting business. Councilor Foreaker also disclosed potential conflict with his being an owner of a lodging business. There was no proponent testimony submitted.

Page 10: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING April 22, 2020 Page 4 of 6 Opponent Testimony: Andrew Kreipe expressed raising prices during the Covid shut down is not good and should wait till get back to normal. There being no further testimony, Mayor Ewing closed the public portion of the hearing and called for Council deliberation. On inquiries, Recorder Patton reported the luncheon fee is per boat, and the increases since 2016 are needed to cover increases in expenses and get ahead of inflation. It was moved by Councilor Foreaker, seconded by Councilor Beatty, and passed on a 6 to 0 vote with 1 abstain (Ayes: Foreaker, Ewing, Wright, Knapp, Beatty & Helquist; Nays: none; Abstain: Troutman); the Council adopts Resolution No 04222020 Establishing the Usage and Fees of the Maupin City Park as presented. It was moved by Councilor Beatty, seconded by Councilor Foreaker, and passed on a 6 to 0 vote with 1 abstain (Ayes: Foreaker, Ewing, Wright, Knapp, Beatty & Helquist; Nays: none; Abstain: Troutman); the Council amends the Resolution to have an effective date of May 1 and honor the prior reservations at the old fees. CONSIDER SURPLUS OF PROPERTY – 1964 Ford Pickup. Mayor Ewing acknowledged this is the old pickup used at the Park and told of the plan for advertising it for sale. It was moved by Councilor Foreaker, seconded by Councilor Wright, and passed unanimously on a 7 to 0 vote (Ayes: Foreaker, Ewing, Wright, Troutman, Knapp, Beatty & Helquist; Nays: none;); the Council declares the 1964 Ford pickup as surplus and advertise it online on several different sites as being available for sale by sealed bids. RECEIVE RECOMMENDATION FROM PLANNING COMMISSION RE: VACATION RENTALS IN COMMERCIAL ZONES. Planner Meader gave a verbal report. He acknowledged the Council’s directive in July 2019 for the Commission to look at the possibility of vacation rentals in the commercial zones. The Commission was reviewing the zoning ordinance on a page by page basis and finally got to the commercial zones in February, and after discussion, they moved to allow vacation rentals in the three commercial zones (CRT, GC, & RC). He prepared a quick analysis on the number of available single-family homes existing in the commercial zones. Most of the homes in the CRT zone would be available if they have access to off street parking through the alley. A synopsis was written of the April meeting. He reviewed the Commission’s recommendation in its entirety, recommending to the Council to establish vacation rentals as an allowable use in the three commercial zones: CRT, GC, and RC. He spoke on recommendations to put in zoning ordinance and the others to put in a separate ordinance for standards on rules and do as an administrative permit procedure rather than a conditional use permitting process. Council held discussion on the following concerns:

x The amendment resulting in the allowance of single-family homes to be built and used as residences in the RC zone.

Page 11: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING April 22, 2020 Page 5 of 6

x Putting more thought in on parking as vacation renters also bring vehicles with boat trailers

x What the benefits would be x Local contact person or agency and handling of complaints x Enforcement of conditions of approval, rules and regulations x Recognition that County Sheriff is not an option as there are many times, they will not

come out for a disruption complaint Acknowledgements were given that the use of existing homes for vacation rental moves the use in the zones to commercial; most of the existing homes are on Deschutes Avenue; the plan is innovative and are talking of use rather than structure; could look at parking options of creating a municipal parking lot or the businesses join in a parking district. Benefits addressed by audience included revenues to local businesses, longer stays, increased city lodging tax revenue, and raises the value of homes. Andrew Kreipe reported the Planning Commission worked really hard on this and all Commissioners are for it. The Council asked the Commission to come up with something for the commercial zones, and all the citizens and business people he spoke to are 100% for it. It was announced the City Planner, City Manager and City Attorney will work on the ordinances for proposed zoning amendment and proposed rules and regulations and procedure and present them to Council at its next meeting. CONSIDER EXTENSION ON DECLARATION OF STATE OF EMERGENCY. Mayor Ewing acknowledged the City’s declaration expired today and proposed extending the Declaration until such a time as State and County Authorities move away from it. Any plan moving forward will be gradual. If go into Phase I of the Open Oregon plan, there will be strict guidelines requiring masks, protection gear and social distancing. County Commissioner Kathy Schwartz reported on the criteria that has to be met by the County in order to begin opening. Mayor Ewing reported at the State level, employers should start looking at a plan for opening; how they can protect their self, their employees and customers. On inquiry by Parks Office Manager Bechtol, discussion was held on reservations in the City Park. She reported on the number of reservations for May 1st. Scott Hege reported State Parks are looking at May 15 as the earliest date they would open. Councilor Knapp reported on need to be conservative, open later than sooner, be in sync with BLM when they open their campgrounds, and she announced the local clinic is not up to task to handle Covid. Councilor Wright agreed to being conservative as have vulnerable population here.

Page 12: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING April 22, 2020 Page 6 of 6 Continuation of meeting. Having reached the hour of 9 o’clock, it was moved by Councilor Foreaker, seconded by Councilor Wright, and unanimously passed on a 7 to 0 vote (Ayes: Foreaker, Ewing, Wright, Troutman, Knapp, Beatty & Helquist; Nays: none); the Council continues this meeting for another 30 minutes. Based on discussion, it was moved by Councilor Beatty, seconded by Councilor Wright, and passed on a 5 to 2 vote (Ayes: Foreaker, Ewing, Wright, Troutman, and Beatty; Nays: Knapp and Helquist); the Council extends the Maupin Declaration of Emergency to May 14 with the Mayor and City Manager having authority to make changes in date in coordination with State, Federal and County Authorities. As for City Park, no reservations before May 15. PERSONNEL – POSITION OPENING. Mayor Ewing announced the City having a position open for city recorder. City Manager Lewis has been working on the job description to fine tune it before advertising the position. The focus of the city recorder will be budget, bookkeeping, meeting agendas and minutes. Some of the duties were already covered under the City Manager’s position, so some duties may be eliminated from the city recorder position. It was moved by Councilor Helquist, seconded by Councilor Foreaker, and unanimously passed on a 7 to 0 vote (Ayes: Foreaker, Ewing, Wright, Troutman, Knapp, Beatty & Helquist; Nays: none); the Council authorizes the City Manager to finish revisions to the city recorder position and advertise, interview, and hire. BUDGET CALENDAR. Recorder Patton reviewed the proposed calendar. SUGGESTED TOPICS FOR NEXT MEETING.

a. Employee Handbook Revision Discussion b. Civic Center RFP Cleaning Services

NEXT MEETING. Wednesday, May 27, 2020 – Regular Meeting ADJOURN. Mayor Ewing adjourned the meeting at 9:31 p.m.

Respectfully submitted by DeOra M Patton, Recorder SIGNED: ____________________________ Lynn Ewing, Mayor ATTEST: ___________________________ DeOra M. Patton, Recorder

Page 13: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING March 25, 2020 Page 4 of 4

licensed by State, bonded and insured to meet the criteria in the City’s RFP. On inquiry, it was recognized cleaning services would not begin until after the Civic Center opens. COMMUNICATIONS. none SUGGESTED TOPICS FOR NEXT MEETING.

a. Public Hearing – City Park Fees increase proposal EXECUTIVE SESSION PER ORS 192.660 (2)(e) TO CONDUCT DELIBERATIONS WITH PERSONS DESIGNATED BY THE GOVERNING BODY TO NEGOTIATE REAL PROPERTY TRANSACTIONS. Mayor Ewing called Council into Executive Session at 7:42 p.m. and reconvened the regular meeting at 8:27 p.m. ACTION SUBSEQUENT TO EXECUTIVE SESSION. It was moved by Councilor Foreaker, seconded by Councilor Troutman, and passed unanimously on a 6 to 0 vote (Ayes: Foreaker, Knapp, Ewing, Wright, Troutman & Helquist; Nays: none); the Council accepts the Agreement between the City and Urban Patterns and authorizes the City Mayor, City Attorney and City Manager to complete the Agreement and Sale. LOWER DESCHUTES RIVER MANAGEMENT. Local Government Representative Scott Hege reported the LDRM Group held an emergency meeting yesterday and have decided to close campsites, bathrooms, boat ramps, and boater pass system on the Deschutes River relative to the Covid-19 closures. NEXT MEETING. Wednesday, April 22, 2020 – Regular Meeting ADJOURN. Mayor Ewing adjourned the meeting at 8:44 p.m.

Respectfully submitted by DeOra M Patton, Recorder SIGNED: ____________________________ Lynn Ewing, Mayor ATTEST: ___________________________ DeOra M. Patton, Recorder

Page 14: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING May 27, 2020 Page 1 of 4

MINUTES CITY COUNCIL MEETING

May 27, 2020 6:30 p.m.

ZOOM/TELECONFERENCE MEETING

PRESIDING: Mayor Lynn Ewing COUNCIL PRESENT: Lynn Ewing, Susan Wright, Jon Helquist, Carol Beatty

Suzanne Knapp, Mike Foreaker, Tom Troutman COUNCIL ABSENT: none STAFF PRESENT: City Manager Kevin Lewis, Recorder DeOra Patton,

Attorney Paul Sumner Visitors Present: Medy Gantz, Stephanie Anderson, Rod Woodside, Christine Fruehling, Dr. Mimi McDonello, Tyler Stone, Christine Wolfe, County Commissioner Steve Kramer CALL TO ORDER/ ROLL CALL/ PLEDGE OF ALLEGIANCE. The meeting was called to order by Mayor Ewing at 6:30 p.m. Roll call of Council and staff was conducted by Recorder Patton. Mayor Ewing led council and audience in Pledge of Allegiance. CONSENT AGENDA: A) Mayor/City Manager Monthly Finance Report; B) Payment of Invoices for April 2020. This item was postponed to the next council meeting due to the finance report review being incomplete with the mayor being on vacation. AUDIENCE PARTICIPATION. none REPORTS. County Commissioners and UC/MAC Team. County Commissioner Kramer reported

the State is working towards moving into another phase. It is encouraging for the east side of the State as reopen. Dr. McDonell of the County Public Health Department gave an update on the medical side of where Covid-19 is and preparedness at this time. Tyler Stone reported large groups are definitely where see spikes. With reference to Yakima County and number of daily cases, need to educate and talk to folks.

Mayor. Mayor Ewing reported he has spent a lot of time in meetings regarding Covid-19. The Deschutes River was opened on the 21st; BLM will open Harpham and Sandy Beach tomorrow. Google is giving a grant to the School for internet hotspots for rural students.

Page 15: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING May 27, 2020 Page 2 of 4

There is funding opportunity for cities to use for businesses. City hall and Library are open with restrictions. With a lot of planning from Fran Richmond, the Grant Street side of the Civic Center has been landscaped with a variety of plants. In the Library are two pieces of artwork done by John Zipprich. Oregon Community Foundation helped fund the library and its youth programs. Saturday is Maupin’s Cleanup day. Columbia Gorge Food Bank now has a permanent location at 401 Fifth Street. Several people signed up to join the ambulance crew and six have passed their EMR training to keep the ambulance service going. The City Park is open and fairly full. Senior graduation is Jun 6 which will include a car parade through town and then through Tygh Valley and Wamic.

Planning Commission. Staff is still working on the ordinances with regards to vacation rentals. A public hearing will be held before the Council at its June 24 meeting to consider an ordinance establishing operation rules and regulations on vacation rentals in the City, establishing a permitting procedure, and a procedure for dealing with violations. Chamber. Director Stephanie Anderson reported on the marketing videos being online now, and they have vacated the Chamber, Visitor Center office space.

Parks. Chairman Beatty reported on the Park office being painted by Parks Office Manager Mojzer and City Manager Lewis painting a mural on the wall. She reported Parks Maintenance Manager Odegard is doing very well. She is really impressed with the Parks crew.

Special Projects. Councilor Wright reported she is anxiously waiting for June 1st date to get the color film to pick out the color for the building signage

Environmental/Recycle. Councilor Foreaker reported on the Tri-County Hazardous Waste & Recycling Steering Committee meeting, and of some small grant applications.

Deschutes Rim Health Clinc Update. Councilor Knapp reported the Clinic is seeing patients every day, most of the time it is telehealth. Westby Associates is helping them with some funding opportunities for the operations of the Clinic. They sent out an informational letter to all their patients to answer questions on status of the Clinic with Dr. LaPlante leaving. They also prepared a FAQ letter of which is on the Clinic’s website and in the WamPinRock newspaper. For the Foundation, they are still seeking USDA funding in the form of a loan. They received some good information from MCMC on design of the Clinic that will reduce costs.

Public Safety. Councilor Helquist reported having an influx of people from out of town this weekend and it’s going to get worse as the weather gets better. He observed a lot of people are bringing their own rafts; he seen some children in rafts without life vests; for the most part, people are doing good with masks and distancing; and traffic is increasing, so need to be careful, watch for pedestrians and drive careful.

Page 16: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING May 27, 2020 Page 3 of 4

Attorney Report. Attorney Sumner reported he has been working with the City Planner, Mayor, City Manager, and Recorder in coming up with ideas that should be considered by Council to regulate vacation rentals. He is also working on some revisions to the City codes. Code Publishing has put together a code of all of Maupin’s past ordinances and there are codes that are outdated, so he is working on deletions and then Council will have to review. He has been watching LOC Attorney’s Association on Covid-19, how to approach shutdown and keep people safe. City Manager. City Manager Lewis reported on progress to include the City Recorder position is opened and posted; Civic Center landscaping completed; fencing for the springs protection area is ordered; been helping Urban Patterns with environmental assessment of the old city hall and sewer line locate for their new development and will apply for the Brownsfield grant to help with asbestos cleanup; the City’s new website is up; the Library is open with restrictions; the 1964 Ford sold for $2,101.00; will be looking at vehicles to replace old ones; and just received electrical components for the fire siren. On inquiry by Councilor Knapp, Mayor Ewing confirmed having a preliminary contract for the City Manager. There have been some changes made and he will have the final contract to Council next month.

CONSIDER CIVIC CENTER CLEANING SERVICES. Mayor Ewing reported on receipt of the contract proposal and the need to review the proposed services with the bidder. It was moved by Councilor Beatty, seconded by Councilor Wright, and unanimously passed on a 7 to 0 vote (Ayes: Foreaker, Ewing, Wright, Troutman, Knapp, Beatty & Helquist; Nays: none); the Council authorizes the City Manager and Recorder to negotiate and finalize the contract with advise from the City Attorney. CONSIDER RESOLUTION SUPPORTING POSTAL SERVICE. Mayor Ewing acknowledged Council having a copy of the Resolution in their packet. He reported the Postal Service is struggling in the Covid crisis, and recognized this Resolution supports Congress to appropriate monies to sustain the service. It was moved by Councilor Foreaker, seconded by Councilor Beatty, and passed unanimously on a 7 to 0 vote (Ayes: Foreaker, Ewing, Wright, Troutman, Knapp, Beatty & Helquist; Nays: none;); the Council adopts this Resolution No. 05272020 supporting the Postal Service. COMMUNICATIONS. Recorder Patton reported the City received a petition yesterday from Andrew Kreipe supporting the Planning Commission’s recommendation to allow vacation rentals in commercial zones, and this document will be held onto and presented to the Planning Commission and the Council when each hold their public hearing. Councilor Knapp reported she sent an email out to councilors about a month ago regarding communications she had with a citizen of this community who had concern about interactions

Page 17: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING May 27, 2020 Page 4 of 4 with the mayor via text messages, and she wants to know how the Council is going to move forward with that. Mayor Ewing reported the gentleman used to call him eight times a day. It was acknowledged the appropriate procedure is to put on agenda and give complainant opportunity to be present for testimony. SUGGESTED TOPICS FOR NEXT MEETING.

a. Public Hearing on Water & Sewer rates increase b. Budget Hearing c. Public Hearing to consider an Ordinance Establishing Operational Rules and Regulations

on Vacation Rentals in the City, Establishing A Permitting Procedure, and A Procedure for Dealing with Violations to this Ordinance

d. Employee Handbook Revision Discussion e. Contract with City Manager f. Complaint – Councilor Knapp to provide item detail

NEXT MEETING. Wednesday, June 24, 2020 – Regular Meeting ADJOURN. Mayor Ewing adjourned the meeting at 7:21 p.m.

Respectfully submitted by DeOra M Patton, Recorder SIGNED: ____________________________ Lynn Ewing, Mayor ATTEST: ___________________________ DeOra M. Patton, Recorder

Page 18: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING July 22, 2020 Page 1 of 6

MINUTES CITY COUNCIL REGULAR MEETING

PUBLIC HEARING July 22, 2020

6:30 – 9:09 p.m.

MAUPIN CIVIC CENTER 507 GRANT

MAUPIN, OREGON AND VIRTUALLY - ZOOM

PRESIDING: Mayor Lynn Ewing COUNCIL PRESENT: Lynn Ewing, Tom Troutman, Susan Wright, Mike Foreaker, and

Carol Beatty COUNCIL ABSENT: Jon Helquist, One Vacancy STAFF PRESENT: City Manager Kevin Lewis, City Recorder(s) DeOra Patton,

Christine Kurtz, Attorney Paul Sumner, City Planner Dan Meader, Planner Kirk Fatland

VISITORS PRESENT: Rani McPhearson, Amy O’Neal, Tammy Creel, John Bildsoe, Medy Gantz, Christine Fruehling, Randy Klettke, Todd Gruener, Kathy Peck, Mark Allen, Ellen Ragan, Rod Woodside, Christine Wolfe, Richard Mindt, Gary Burnett, Suzanne Knapp, Ralph Wimmer, Way Yin, Stephanie Anderson (Chamber Coordinator), Scott Hege (County Commissioner) CALL TO ORDER/ ROLL CALL/ PLEDGE OF ALLEGIANCE. The meeting was called to order by Mayor Ewing at 6:30 p.m. Roll call of Council and staff was conducted by Recorder Patton. Mayor Ewing led council and audience in Pledge of Allegiance. CONSENT AGENDA: A) Approval of Minutes of July 13, 2020; B) Mayor/Councilor Monthly Finance Report; C) Payment of Invoices for June 2020. It was moved by Councilor Foreaker, Seconded by Councilor Wright, and passed unanimously on a 5 to 0 vote (Ayes: Foreaker, Beatty, Troutman, Ewing, Wright; Nays: none); the Council approves Consent Agenda as presented. AUDIENCE PARTICIPATION: Richard Mindt asserted the city was not being governed equally, that Suzanne Knapp quit the council because she was unable to bring rules into compliance, and that there was an abuse of the complaints process.

Page 19: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING July 22, 2020 Page 2 of 6 REPORTS. Mayor. Mayor Ewing reported that there are reported COVID cases in Maupin and elsewhere in South Wasco County. He advised that citizens follow business rules to stay safe and keep them open. Mayor Ewing summarized the new COVID order released by the Governor effective July 24, 2020, it does apply to whitewater rafters. Mayor Ewing will be sending out a letter to all local businesses with COVID response recommendations.

Mayor Ewing reminded everyone that there is a commissioner opening on Planning Commission and that the 2020 Census is still underway. He urged everyone who has not responded to do so right away. Mayor Ewing reported that the Deschutes River Athletic Complex (DRAC) is commencing work on August 2, 2020 with the arrival of the Oregon National Guard Army Corps of Engineers.

Public Works. City Manager Kevin Lewis reported that progress had been made on

installing new fire hydrants, and that there were 3 more yet to be installed. Weed abatement has been completed and the City received a nice thank you letter from the Rivercrest HOA.

Chamber. Chamber Coordinator Stephanie Anderson reported that she has been

emailing businesses the last couple weeks about the MCED COVID grant opportunities. Ms. Anderson reported that many people in Maupin have received grant money. Ms. Anderson also reported the arrival of the Army Corps of Engineers who are working on the DRAC and is coordinating a welcome gift bag. Valerie White has joined the Chamber of Commerce Board; the board still has 2 additional vacancies. Stephanie has been emailing businesses as mandates from the Governor become available.

Library. City Manager Kevin Lewis reported the library is working on additional

programming. Their first virtual event is coming up, Evening Reading Program. The library continues to provide curbside pickup. The Southern Wasco County Library Foundation is recruiting for board members.

Parks. Councilor Beatty reported that the City Park ambiance is very enjoyable and

mellow. In discussion with Cheryl Mojzer, City Park Administration Manager, she reports that 4 cameras are operational and 4 more are in the process of being added as the electricity is completed. Councilor Beatty thanked City Manager Kevin Lewis for using his unpaid time off to paint the City Park bathrooms inside and out. Councilor Beatty reported seeing a greater number of people wearing masks in the public parks.

City Attorney. City Attorney Paul Sumner reported during public hearing, no additional

new to report. City Manager. City Manager Kevin Lewis reported progress is being made on setting

up a remote server, Quickbooks integration, getting the old City Hall prepared for transition in

Page 20: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING July 22, 2020 Page 3 of 6 sale, electrical work at City Park, and facilitating DeOra Patton’s retirement. He reports that they were able to remove the old safe from the old City Hall and install it in the new Civic Center.

RECEIVE RESIGNATION OF COUNCIL MEMBER. Mayor Ewing acknowledged the Council receipt of Councilor Suzanne Knapp’s resignation letter. It was moved by Councilor Foreaker, Seconded by Councilor Beatty, and passed unanimously on a 5 to 0 vote (Ayes: Foreaker, Beatty, Troutman, Ewing, Wright; Nays: none); the Council accepts Suzanne Knapp’s resignation. Councilor Beatty thanked Suzanne Knapp for her service to the City. PUBLIC HEARING TO CONSIDER AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS. For the record, public notice was published on the City Website and posted locally. The ordinance was available for public inspection, posted on the City Website and provided to Council in advance.

Mayor Ewing read the Ordinance by title and announced the rules of procedure and presentation of the hearing process. He then opened the hearing and called for staff report.

City Attorney Paul Sumner summarized the development and design of the proposed

ordinance. Mayor Ewing called on Proponents of this ordinance to give testimony. He asked Mark Allen to summarize his written testimony offering revisions to some of the rules. Proponents expressed the following concerns:

• The responsibilities and availability of a single Contact Person should be revised • The onus of enforcement is unfairly being applied to a single business industry • Short term vacation rentals would boost the economy • In an unofficial poll of Deschutes Ave property owners, a majority endorsed the

concept of allowing vacation rentals in town • There is an existing market of buyers for short term vacation rental properties

Mayor Ewing called for opponents of the proposed ordinance to give testimony. He asked Way Yin to summarize his written testimony. Opponents expressed the following concerns:

• Current ordinance information is not easily available for citizens to know existing rules and regulations

• The City of Maupin does not have law enforcement or a code enforcement program/officer to enforce existing or future ordinances

• A Nuisance Abatement Officer should be required in the rules and regs • Limited access for the community to engage in this rule making process due to

COVID • The decision to pass the ordinance should be a referendum on the ballot • The City should not bare any financial responsibilities in administering short term

vacation rental industry

Page 21: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING July 22, 2020 Page 4 of 6

• There exists a preference to attract full time residents who will engage in the community opposed to out-of-town property owners with a single business interest in The City of Maupin

• The City undertaking liability as a licensing agent

Mayor Ewing called for any public testimony. City Recorder Patton reported no written testimony submitted.

Mayor Ewing closed the public portion of the hearing and opened deliberation to

Council. He clarified the license is one year as stated in ordinance, the City has contracted with a company to codify the City’s ordinances and put on website, who and what the contact person is and being different from a code enforcement officer, and of the quiet time being what is in the City’s Noise Ordinance. Council discussed the following:

• Work session changes were reflected in the current version of the proposed ordinance • The rules requirements of, duties of, and compensation of the ordinance “Contact Person”

and the rules requirements of, duties of, and compensation of the City Nuisance Abatement Officer needs to be strengthened. Several suggestions were discussed on how to achieve this including: shifting budgetary funds, hiring seasonally, charging fines for code enforcement, and a City joint partnership with a property management entity.

• Clarified with City Attorney Paul Sumner the City’s liability as a licensing agent • Suggestion of OSHA inspection requirement for public safety • Possibility of adopting the Hood River model of requiring short term vacation rental

owners to be residents of The City of Maupin • Difficulty in reaching a decision prior to completing community goal setting and

visioning exercises. • Possibility of further limiting the quantity of vacation rentals within approved zones.

Councilor Foreaker disclosed potential conflict of interest. He owns a motel/hotel in

town. Attorney Sumner acknowledgement correction that this hearing is legislative, not quasi-judicial, and the rule of conflict does not apply, but suggested continuing with hearing if there are any objections from Council or public to Councilor Foreaker participating in decision. Mayor Ewing called for any objections to Councilor Foreaker deliberating and voting. No objections from Council. No objections from the public.

There being no further discussion by Council, Mayor Ewing announced the options for

decision; to pass, to deny, to pass with modifications, or continue decision to another specific date and time meeting.

Councilor Foreaker motioned to render a decision at the next City Council meeting on

August 26, 2020 at 7 pm. for full Council to be present. Councilor Beatty seconded. Motion failed on vote of 3 to 2 (Ayes: Foreaker, Wright, Beatty; Nays: Ewing, Troutman). Motion requires four votes to pass. Discussion on the motion consisted of what would be accomplished

Page 22: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING July 22, 2020 Page 5 of 6 by setting over to another meeting and what the process would be for amending the ordinance in the future.

Councilor Troutman motions to pass ORDINANCE 310 ESTABLISHING RULES AND

REGULATIONS as presented. Mayor Ewing seconded. Motion failed 2 to 3 (Ayes: Troutman, Ewing; Nays: Foreaker, Beatty, Wright).

Council Foreaker motioned to continue Council Deliberations to August 26, 2020 at 7

pm. Councilor Beatty seconded. Motion passed with a vote of 4 to 1 (Ayes: Foreaker, Wright, Beatty, Ewing; Nays: Troutman).

Additionally, Councilor Beatty motioned to continue Council deliberation of

ORDINANCE 310 ESTABLISHING RULES AND REGULATIONS to August 12, 2020 at 6:30 pm in City Council Work Session to allow Council further discussion. Seconded by Councilor Troutman Motion passed unanimously 5 to 0 (Ayes: Foreaker, Beatty, Wright, Ewing, Troutman; Nays: none).

PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE CITY ZONING ORDINANCE TO ALLOW SHORT TERM RENTALS IN THE COMMERCIAL ZONES OF THE CITY AND MAKING OTHER ADJUSTMENTS AS NECESSARY TO COMPLETE THAT REVISION AND DECLARING AN EMERGENCY. For the record, public notice was published on the City Website and posted locally. The ordinance was available for public inspection, posted on the City Website and provided to Council in advance. Mayor Ewing opened the public hearing. Councilor Foreaker motioned to continue this Public Hearing on ZONING ORDINANCE AMENDMENT to August 12, 2020 at 6:30 pm in a Council Work Session for further Council discussion and to August 26, 2020 at 7 pm during the regularly scheduled City Council meeting. Councilor Wright seconded. Motion passed 5 to 0 (Ayes: Foreaker, Beatty, Wright, Ewing, Troutman; Nays: none). DISCUSS COUNCIL GOAL SETTING AND COMMUNITY VISIONING PLANS: Mayor Ewing stated the challenges of conducting community forums during COVID gathering restrictions. Calls for any ideas, professional groups, and tools to help accomplish it. Councilor Wright suggested using questionnaires, providing technical assistance to community on ZOOM, and having a sense of urgency for scheduling with a tight window between the end of rafting season and snow birds leaving for the Winter. APPROVAL OF BANK ACCOUNT SIGNATORIES: Based on employment transitions, City Recorder Patton proposed Council approve new bank signatories to include new city recorder Christine Kurtz, City Manager Kevin Lewis, City Mayor Lynn Ewing, and City Council

Page 23: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL MEETING July 22, 2020 Page 6 of 6 President Thomas Troutman. Councilor Foreaker motioned to authorize the bank signatories as proposed. Councilor Beatty seconded. the motion and Motion passed by unanimous vote of 5 to 0 (Ayes: Ewing, Troutman, Foreaker, Beatty, Wright; Nays: none). COMMUNICATIONS: Elections Officer Patton announced that City Candidate elections are in November. She is currently accepting Candidate applications for 3 Council positions and one Mayor position. There is still a vacant position in the Planning Commission of which applications are being accepted. SUGGESTED TOPICS FOR NEXT MEETING:

A. Set a Date for Community Goal Setting & Visioning Plan B. Push out City Employee Handbook Revisions to September Meeting

EXECUTIVE SESSION PER ORS 192.660 (1)(a) TO CONSIDER EMPLOYEE REVIEW: Mayor Ewing called Council into Executive Session at 8:43 p.m. and reconvened the regular meeting at 9:07 p.m. ACTION SUBSEQUENT TO EXECUTIVE SESSION: Councilor Foreaker motioned the Council accepts the employee evaluation on City Manager Lewis. Councilor Beatty seconded. Motion passed unanimously 5 to 0 (Ayes: Ewing, Troutman, Wright, Foreaker, Beatty; Nays: none). NEXT MEETING: Wednesday August 12, 2020 Work Session at 6:30 pm ADJOURN. Mayor Ewing adjourned the meeting at 9:09 p.m.

Respectfully submitted by

Christine A. Kurtz, Recorder SIGNED: ____________________________ Lynn Ewing, Mayor ATTEST: ___________________________ Christine A. Kurtz, Recorder

Page 24: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES BUDGET COMMITTEE MEETING May 21, 2020 Page 1 of 3

MINUTES MAUPIN BUDGET COMMITTEE MEETING

May 21, 2020 6:00 p.m.

ZOOM/TELECONFERENCE MEETING

MEMBERS PRESENT: Lynn Ewing, Tom Troutman, Susan Wright, Suzanne Knapp,

Jon Helquist, Carol Beatty, Mike Foreaker, Karen DuPuis, Dennis Ross, Frank Kay, Virginia Fuller, Denis Carlsen, Carol Mitchell

MEMBERS ABSENT: Kathie Richey STAFF PRESENT: Recorder/Budget Officer DeOra Patton Visitors Present: Christine Wolfe, John Bildsoe CALL TO ORDER / ROLL CALL / PLEDGE OF ALLEGIANCE. Mayor Ewing called the meeting to order at 6:00 p.m. Roll call was conducted by Recorder Patton. Mayor Ewing led the committee in Pledge of Allegiance. COUNCIL APPOINTMENT OF PERSON TO BUDGET COMMITTEE. One vacancy exists for the unexpired term of office to end December 31, 2020. Mayor Ewing announced receipt of an application by Carol Mitchell. It was moved by Councilor Foreaker, seconded by Councilor Beatty, and unanimously passed on a 7 – 0 vote (Ayes: Foreaker, Beatty, Helquist, Wright, Knapp, Troutman and Ewing; Nays: none); the Council appoints Carol Mitchell to the vacant position on the Budget Committee. Carol was invited to join the Budget Committee. ELECTION OF CHAIRPERSON. Foreaker nominated Lynn Ewing. Ewing nominated Frank Kay. On motion by Troutman and second by Wright, nominations were closed and a vote taken. Frank Kay was elected Chairperson on a majority vote of 8 to 5 (Votes for Ewing: Beatty, Knapp, Mitchell, Wright, DuPuis; Votes for Kay: Helquist, Ewing, Foreaker, Troutman, Fuller, Carlsen, Ross, Kay) ELECTION OF SECRETARY. Kay nominated DeOra Patton. DuPuis seconded. It was moved by Ewing, seconded by Wright, and unanimously passed on a 13 – 0 vote (Ayes: Beatty, Knapp, Mitchell, Wright, DuPuis, Helquist, Ewing, Foreaker, Troutman, Fuller, Carlsen, Ross, Kay; Nays: none); the Commission closes nominations and elects DeOra Patton as Secretary.

Page 25: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES BUDGET COMMITTEE MEETING May 21, 2020 Page 2 of 3 RECEIVE AND HEAR BUDGET MESSAGE. Chairperson Kay gave a recap on budgeting and financial position of the City. Budget Officer Patton presented and summarized the Budget Message, which a copy is attached and made a part of these minutes. Knapp proposed correcting paragraph 3 to add City Manager to the form of government. There were no objections by the Committee. RECEIVE BUDGET DOCUMENT FOR FISCAL YEAR 2020-2021. Chairman Kay explained the information detailed on the budget sheets (historical data consisting of actual resources and expenditures for the prior two years and current year 2019-2020 adopted budget, estimated 2019-2020 fiscal year revenues/expenditures through June 30, and columns for Budget Year 2020-2021 consisting of amounts proposed by budget officer, then columns for amounts approved by the budget committee, and finally the budget adopted by the governing body (council). Recognition/discussions were held on the following: Southern Wasco County Library Fund: Transfer of funds from the General Fund to cover operation expenditures unallocated by the District. It was consensus of the Committee to have Frank Kay, mayors, and City Manager meet with the Library Services District and County to negotiate a new allocation of District tax funds to SWC Library to cover operations. Maupin Broadband: Project is complete. Franchise Fees received from LS Networks are to be paid to Q-Life. GorgeNet pays franchise fees directly to Q-Life. Park: Revenue is from tourist, no City property tax monies. The Dalles Disposal has been waiving the regular garbage collection charges. Park Managers salaries are increased. Bonded Debt: The bond debt on the sewerage system is paid off. Sewer: Explain to public the small increases; the why doing. Water: Hydrant installation plan. Have contract to install some now. General: Kaiser Park grant and improvement project -- set over another year for preparation and application. Brownsfield Cleanup grant/project – is for asbestos removal at old city hall and library; expense is included in Line 18 City Bldgs & Property Maintenance/Repair. Tourism Promotion -- Chamber budget has not been received yet; need to get. American Legion Hall utilities and maintenance – Knapp proposed adding another $5,000 to this expense. Helquist motioned to move $5,000 from Line 23 Community & Economic Development to Line 28

Page 26: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES BUDGET COMMITTEE MEETING May 21, 2020 Page 3 of 3 American Legion Hall. Motion passed unanimously 13 to 0 (Ayes: Beatty, Knapp, Mitchell, Wright, DuPuis, Helquist, Ewing, Foreaker, Troutman, Fuller, Carlsen, Ross, Kay; Nays: none). PUBLIC HEARING TO CONSIDER PARTICIPATION AND USE OF STATE SHARED REVENUE. It is again proposed to participate in the State Shared Revenue Program and use the $4,000 funds as contributions to other agencies/charitable organizations. Other State Revenue Shared funds include cigarette, OLCC, and State Highway taxes. There were no objections nor public comment submitted. It was the consensus of the Committee to recommend to the governing body to participate in the State Shared Revenue Program for the 2020-2021 year. PUBLIC INPUT ON BUDGET. John Bildsoe inquired about the property sale of the old city hall and library (408 & 410 Deschutes Ave.). An Agreement & Sale has been executed and monies budgeted in the General and New Library Funds. COMMITTEE DELIBERATION ON BUDGET. The Committee reviewed all funds of the budget in the receipt of the budget document. APPROVAL OF PROPERTY TAXES TO BE IMPOSED. It was moved by Ewing, seconded by Mitchell, and unanimously passed on a 13 – 0 (Ayes: Beatty, Knapp, Mitchell, Wright, DuPuis, Helquist, Ewing, Foreaker, Troutman, Fuller, Carlsen, Ross, Kay; vote Nays: none); the City of Maupin Budget Committee approves imposing property taxes for the 2020-2021 fiscal year at the rate of $5.3573 per $1000 of assessed value for operating purposes. APPROVAL OF PROPOSED BUDGET. It was moved by Beatty, seconded by DuPuis, and unanimously passed on a13 – 0 (Ayes: Beatty, Knapp, Mitchell, Wright, DuPuis, Helquist, Ewing, Foreaker, Troutman, Fuller, Carlsen, Ross, Kay; vote Nays: none); the City of Maupin Budget Committee approves the proposed budget for fiscal year 2020-2021 as amended. Frank Kay announced, after 25 years, he will be stepping down from being Chair of the Budget Committee. He thanked all members and Recorder Patton for their years of service and recognized the City has been blessed with stable financial management. ADJOURN. Chairman Kay adjourned the meeting at 8:27 p.m.

Respectfully submitted by DeOra M Patton, City Recorder/Budget Committee Secretary SIGNED: ____________________________ Lynn Ewing, Mayor ATTEST: ___________________________ DeOra M. Patton, City Recorder

Page 27: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL WORKSESSION - MEETING August 12, 2020 Page 1 of 3

MINUTES CITY COUNCIL WORKSESSION - MEETING

August 12, 2020 6:30 – 8:03 p.m.

VIRTUALLY - ZOOM

PRESIDING: Mayor Lynn Ewing

COUNCIL PRESENT: Lynn Ewing, Tom Troutman, Susan Wright, Jon Helquist, and

Mike Foreaker

COUNCIL ABSENT: Carol Beatty, One Vacancy

STAFF PRESENT: City Manager Kevin Lewis, Recorder(s) DeOra Patton, Christine Kurtz, Attorney Paul Sumner, City Planner(s) Dan Meader and

Kirk Fatland

VISITORS PRESENT: Ralph Wimmer

CALL TO ORDER/ ROLL CALL/ PLEDGE OF ALLEGIANCE. The meeting was called

to order by Mayor Ewing at 6:30 p.m. Roll call of Council and staff was conducted by Recorder Kurtz. Mayor Ewing led council and audience in Pledge of Allegiance.

COUNCIL DELIBERATION - ON ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR SHORT TERM RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE: Mayor Ewing opened with a

brief history of the work performed to date. He opened Council deliberation. He called for Staff Reports. Recorder Kurtz presented and answered Councilor questions on a financial analysis

report. Attorney Sumner presented and answered Councilor questions on two additional clauses he recommended be added to the Ordinance text. Planner Meader reviewed his analysis showing

that 10 to 12 homes within the three commercial zones have the required parking, making parking the key criteria to qualify for licensure.

The Council discussed the following:

§ Building rules within Recreation Commercial (RC) Zone for empty lots

§ Zone change process and rules, Spot Zoning § Applying a time limit to approve rentals on a trial basis

§ Approving the rules and regulations for future use

Page 28: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL WORKSESSION - MEETING August 12, 2020 Page 2 of 3

§ Community impact § Are rules retroactive and can they be applied to illegally operating rentals

§ Change the rules to specify propane only for use in outdoor fire pits. § Fire safety concerns

§ Limiting short term rentals to the RC zone, to prevent conflict with the City’s intent to create more business frontage within the new Commercial

Residential Transition (CRT) Zone and the downtown core.

It was the consensus of Council to accept the Ordinance Establishing Operational Rules & Regulations for Short Term Rentals in the City, Establishing a Permitting Procedure and a

Procedure for Dealing with Violations as written with three modifications:

§ Add “propane” to fire pit clause § Add a “Savings Clause” and “Repeal of Conflicting Ordinance Provision”

§ Change from “within the three commercial zones of the City” to “within one or more land use planning zones of the City”

COUNCIL DELIBERATION – ON ORDINANCE AMENDING THE CITY ZONING ORDINANCE TO ALLOW SHORT TERM RENTALS IN THE COMMERCIAL ZONES OF THE CITY AND MAKING OTHER ADJUSTMENTS AS NECESSARY TO COMPLETE THAT REVISISION AND DECLARING AND EMERGENCY: Councilor

Wright motioned to continue both hearings to the next regularly scheduled meeting on August 26th 2020 at 6:30 PM. Councilor Helquist Seconded. Motion passed 5 to 0 (Ayes: Ewing,

Troutman, Wright, Helquist, Foreaker; Nays: none).

DISCUSSION – COUNCIL GOAL SETTING & COMMUNITY VISIONING PLAN: Council discussed ideas for how to create community engagement in the visioning process. Planner Fatland presented a list of ideas including setting up a kiosk in Kaiser Park, utilizing

online surveys, creating a scavenger hunt celebrating the City’s accomplishments, and ways to engage children. Councilor Wright suggested utilizing Covid grant funds to set up technology to

facilitate participation of community members who want assistance. Councilor Helquist suggested scheduling in November. Councilor Foraker suggested creating an online group that

the community can interact with. Guest, Ralph Wimmer suggested a suggestion drop box in Kaiser Park. Mayor formed a group to set a date and get organized.

The Mid Columbia Economic Development District (MCEDD) is seeking two board

members from the Maupin area. Councilor Foraker would like to schedule a dialogue between Council and City Manager, Kevin Lewis, to set some administrative goals for the year.

Page 29: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

MINUTES MAUPIN CITY COUNCIL WORKSESSION - MEETING August 12, 2020 Page 3 of 3 ADJOURN. Mayor Ewing adjourned the meeting at 8:03 p.m.

Respectfully submitted by

Christine A. Kurtz, Recorder

SIGNED: ____________________________

Lynn Ewing, Mayor

ATTEST: ___________________________

Christine A. Kurtz, Recorder

Page 30: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,
Page 31: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,
Page 32: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,
Page 33: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,
Page 34: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

CITY OF MAUPIN

RESOLUTION NO. 08262020-01

A RESOLUTION MAKING APPROPRIATIONS FOR GRANT MONIES FOR A SPECIFIC PURPOSE

WHEREAS: In June 2020, the City of Maupin was allocated grant funding by the

Oregon Department of Administrative Services (DAS) in the amount of $25,000 for the specific purpose of reimbursing expenses incurred by the city in responding to the COVID-19 pandemic.

WHEREAS: Oregon Local Budget Law, under ORS 294.326 (2), provides that money

from an unanticipated grant or donation which has been transferred to a municipal corporation in trust for a specific purpose may be lawfully expended after enactment of an appropriation resolution.

NOW, THEREFORE, THE CITY OF MAUPIN RESOLVES AS FOLLOWS:

The City Council of the City of Maupin hereby adopts this resolution in the full amount of $25,000 and for the purposes shown below, is hereby appropriated as follows:

General Fund Materials & Services: COVID Relief Grant $25,000 Total $25,000

DATED AND PASSED this 26 day of August, 2020. Ayes: Nays: Absent:

APPROVED:__________________________________ Mayor Attest: ____________________________ Recorder

Page 35: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

Housing Needs Analysis Recommendation To: Maupin City Council Re: HNA contractor selection Committee: Mike Foreaker

Kevin Lewis Qristy Kurtz Jessy Rose Carrie Pipinich Nate Stice Scott Edelman: added to all future meetings. Based on committee meetings and references, it is recommended to Maupin City Council that they approve the use of ECONorthwest as our contractor to perform Maupin’s Housing Needs Analysis. August 6th The HNA committee met to review proposals from three companies and scored each company based on RFP criteria. Based on results, two companies led in the sores. APG and ECONorthwest were the two high scoring proposals.

Action Items: Kevin to call references for ECON and APG. Kevin to contact Scott Edelman for approval.

August 14th Based on scoring criteria and reference feedback, the selection committee has selected ECONorthwest as the leader. References were called and both companies have great reviews. Each has been used on multiple projects with many small and large Oregon cities. The City Manager reached out to Scott Edelman to announce our pic per the RFP process prior to approval by City Council. Kevin Lewis City Manger August 19, 2020

City of Maupin PO Box 308 Tel: 541-395-2698 Maupin, OR 97037 Fax: 541-395-2499

Page 36: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

Request for Funds Donated by the City of Maupin The City of Maupin recognizes the services and benefits provided by local charitable organizations and is proud to contribute to those charities. For budgetary reasons, we would like all requests for funds to be made to the city no later than February 15 of each year. If you have received funds from the City in the past, we need to have an annual report of how those funds were used. If you need a hard copy of this form, one can be mailed to you.

Date of Application 08/20/2020

Charitable Organization * South Wasco Youth Programs

Charitable Tax Exempt Status and Number * 82-3936817

Amount Requested (Maximum $1000) * 1000.00

Purpose for the Funds * SWYP is leading study groups for K-7 students that need assistance with their online schoolwork. The requested funds would provide scholarships for students that are enrolled in these sessions. The cost for one week is $25.00. Many parents will need monetary assistance to cover these costs, especially if they have more than one child attending.

How will the intended purpose benefit the citizens of Maupin? * SWYP is offering 2 sessions (max 10 kids), morning and afternoon, to assist the students with their curriculum. (This could possibly jump to three sessions if the need is such.) Staff will be present to help, direct, and guide the kids with all of their assignments and lead the students to academic success. Many students this past Spring were not able to complete their online schooling due to numerous variables. There were many reasons as to why they had not finished, but they all had one common denominator, the child was not engaged. Consequently, SWYP began tutoring this Summer to help these kids catch up, and feel the satisfaction of completing their classwork. Once they were engaged with a teacher's support, in a structured classroom, they flourished. Each student this summer finished all of their spring assignments. Going forward in this pandemic, SWYP's goal is to not only help each student reach academic success but to also give the parents in our community the opportunity to focus solely on working and taking care of the needs of the family. A grant that goes towards scholarships for SWYP will take Maupin one more step towards being a strong and thriving town.

Contact Person Name * Amber Anderson

Position within the Organization * Director

Contact Address * PO Box 192

Contact Phone * 541-705-5833

Contact Email Address * [email protected]

Page 37: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

PAGE 1 OF 8 - ORDINANCE NO. AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

PAUL F. SUMNER P.C. ATTORNEY AT LAW

185 S.W. ‘B’ STREET, P.O. BOX 16, MADRAS, OR 97741 (541) 475-7277 [FAX (541) 475-2857]

Maupin Vacation Rental Regulation - Final after modification

CITY OF MAUPIN

ORDINANCE NO.

AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR SHORT-TERM RENTALS IN THE CITY, ESTABLISHING A PERMITTING

PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

RECITALS: A. The City of Maupin finds that:

1. Either at the time of adoption of this Ordinance or at some time in the future, single-family dwellings may be, by Ordinance, licensed, by the City for use as “Short-term Rentals” or “Vacation Rentals,” as defined below, within one or more land use planning zones of the City.

2. Licensing regulations need to consider: a. The data from communities that authorize Short-term Rentals or Vacation

Rentals which indicates that regulation needs to address the possible issues and conflicts related to: i. increased problems of excessive noise, ii. spilled garbage, iii. shortages of parking, iv. overcrowded accommodations. v. And general conflicts with normal residential neighborhoods.

3. The best way to regulate these impacts is to establish, as a part of City licensing: a. Pre-conditions to licensing which structures and regulates operation of these

rentals; and b. Implementation of licensing enforcement procedures and operational

limitations so as to foster operation of such rentals in a manner which respects and protects the uses in the neighborhoods in which these rentals are located and the City of Maupin in general.

c. At all times, working with the licensees in a way that supports the peace, health, safety and livability of residents of, and visitors to, Maupin, Oregon.

4. It is reasonable and prudent to adopt licensing regulations that are separate from the Maupin Land Use Ordinances.

NOW THEREFORE, BASED ON THE FOREGOING, THE CITY OF MAUPIN ORDAINS AS FOLLOWS: 1. Definitions. For the purpose of this Ordinance, the following definitions shall apply:

a. "Accessory structure or accessory use" means a structure or use incidental and subordinate to the main use of a property and located on the same lot as the main use.

b. "Contact Person" means a 24-hour Local (within 10 minutes of the rental dwelling) person or entity who can address governmental and private citizen concerns and may

Page 38: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

PAGE 2 OF 8 - ORDINANCE NO. AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

PAUL F. SUMNER P.C. ATTORNEY AT LAW

185 S.W. ‘B’ STREET, P.O. BOX 16, MADRAS, OR 97741 (541) 475-7277 [FAX (541) 475-2857]

Maupin Vacation Rental Regulation - Final after modification

be: i. The owner(s) of the dwelling unit; or ii. The agent of the owner(s) authorized to act for the owner(s) as designated on

the license application. c. "Dwelling Unit" means: A single unit providing complete, independent living

facilities for one or more persons including permanent provisions for living, sleeping, eating, sanitation and only one cooking area.

d. “Licensing Authority” shall mean Maupin City Manager or another authorized representative of the City of Maupin charged with administering this Ordinance.

e. "Single-family dwelling" means a structure of which all habitable portions thereof are connected structurally and comprise one dwelling unit, including but not limited to factory-built dwellings, mobile homes and site-built dwellings.

f. "Two family dwelling" means a structure of which all habitable portions thereof are connected structurally and comprise two dwelling units including but not limited to factory-built dwellings, mobile homes and site-built dwellings.

g. "Multi-family dwelling" means a structure of which all habitable portions thereof are connected structurally and comprise three or more dwelling units, including, but not limited to, factory-built dwellings, mobile homes and site-built dwellings.

h. "License" means a short-term rental license issued by Maupin, Oregon and maintained in good standing by the Owner(s) or agent of the Owner(s) in accordance with the provisions of the Maupin City Ordinances and regulations.

i. "Owner(s)" means the person or people, partnership, corporation, association, or other legally recognized person(s) or entity holding title to the dwelling unit in accordance with law.

j. "Person" includes any natural person(s), firm, partnership, association, social or fraternal organization, corporation, business or any other group or combination acting as a unit.

k. "Rental Agreement" means any agreement, whether or not in writing, granting the use of a dwelling unit to a person. Use of a dwelling unit by a recorded owner or other person or persons without monetary consideration shall not be considered to be a rental under this chapter.

l. "Rent" means the authorization of use of a dwelling unit granted to a person(s) in exchange for monetary consideration.

m. "Renter" is a person who rents a short-term rental. n. "Short-term Rental" means the renting of a dwelling unit (including any accessory

guest house on the same property) to any person(s) on a day to day basis or for a period of time of up to thirty (30) consecutive nights.

o. "Sleeping Area" is a room or other space within a dwelling unit designed, intended or used for sleeping. Roll out beds, fold out couches, or other temporary sleeping accommodations including tents and recreational vehicles shall not be considered a sleeping area, and may not be used to increase the allowed occupancy of a short-term rental as provided in this ordinance Determinations as to the number of sleeping areas within a dwelling unit are reserved to the Maupin City Licensing Authority and all determinations are final.

p. “Vacation Rental,” for the purpose of this ordinance shall mean the same as “Short-term Rental” as defined above.

Page 39: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

PAGE 3 OF 8 - ORDINANCE NO. AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

PAUL F. SUMNER P.C. ATTORNEY AT LAW

185 S.W. ‘B’ STREET, P.O. BOX 16, MADRAS, OR 97741 (541) 475-7277 [FAX (541) 475-2857]

Maupin Vacation Rental Regulation - Final after modification

2. Licenses:

a. It shall be unlawful to rent any dwelling unit as a short-term rental without obtaining and maintaining a current license as provided in this Ordinance. All dwelling unit owners shall obtain a license prior to using the dwelling unit as a short-term rental.

b. No license granted under the provisions of this Ordinance shall be assignable. If the dwelling unit is sold or transferred by any means, a new license is required of the subsequent owner(s) who desire(s) to continue a short-term rental operation; provided, however, that the Maupin City Council may set a, pro rata, lower fee for the first year. The subsequent owner(s) will be required to fill out a new application and agree in writing to comply with the requirements of this Ordinance and the license authorized herein.

3. Application for License; Fee:

a. Applications for a license, renewal of a license, or license caused by a change in ownership shall be made upon forms provided by the City of Maupin and filed at the City Manager's Office at City Hall. These applications shall include, but not be limited to the following: i. A plot plan, drawn to scale, showing the location of the dwelling unit on the

lot with dimensions shown and particularly the off-street parking availability shall be shown and dimensions of the parking spaces shown as well.

b. Every license application, renewal license or license caused by a change in ownership shall be accompanied by application fee(s), which, at the time of passage of this ordinance is $250 plus actual cost of any additional inspections by City, County, or State Agencies. This application fee is subject to modification as provided in this ordinance.

c. If approved by the licensing authority, the successful applicant shall pay the annual licensing fee which is $500/calendar year prorated as of the date of issuance. This is the fee adopted at the time of passage of this ordinance and is subject to change as provided in this ordinance.

d. Fees provided in this ordinance shall be subject to review annually and may be amended, by resolution of the City Council of the City of Maupin.

e. Every application shall be processed by the Licensing Authority. f. Upon receipt of the completed application, the Licensing Authority will review the

application and certify that: i. Based on a viewing of the property, the short-term rental complies with

standards found in this Ordinance and the other relevant Ordinances of the City of Maupin.

ii. There has been a proper posting of the contact person information, as provided in this Ordinance.

iii. The contact person information is being provided to the Wasco County Sheriff, local fire and rescue and the City of Maupin.

iv. Determine and state on the license the maximum occupancy for the short-term rental as defined by this Ordinance.

v. Receive and review the certified statement of the owner that the owner of the

Page 40: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

PAGE 4 OF 8 - ORDINANCE NO. AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

PAUL F. SUMNER P.C. ATTORNEY AT LAW

185 S.W. ‘B’ STREET, P.O. BOX 16, MADRAS, OR 97741 (541) 475-7277 [FAX (541) 475-2857]

Maupin Vacation Rental Regulation - Final after modification

short-term rental has met and will continue to comply with the requirements of this Ordinance.

4. Transient Room Tax Compliance Required. Notwithstanding any other provision of

this, or any other Ordinance of the City of Maupin and as a separate stand-alone requirement and criteria for holding a valid license, the owner shall provide a certified statement that the owner will comply with Maupin and Oregon State Transient Room Taxes. If at any time the licensee cannot demonstrate compliance with Transient Room Taxes, or if the City determines that the owner is not in compliance with the provisions of that Transient Room Taxes, the license shall not be issued, or may be suspended or revoked, or may be denied upon renewal, until such time as the noncompliance is resolved to City's satisfaction. Noncompliance includes, but is not limited to, failure to report, improper reporting, failure to collect or failure to remit required transient room taxes. Any of these actions not timely made is also grounds for revocation and non-renewal of the license for noncompliance.

5. Licensees subject to Commercial City Sewer and Water Rates. Premises licensed under

the provision of this ordinance and related regulations are subject to the Maupin commercial city sewer and water rates during the period of licensure.

6. Issuance and Maintenance of License. Issuance and Maintenance of License is subject to

the following: a. Authority to issue licenses rests with the Licensing Authority. b. An issued license is subject to revocation or refusal to renew the license for failure to

meet, maintain or operate the short-term dwelling in conformance with the requirements of this and other Ordinances of the City of Maupin.

c. Within THIRTY (30) days of receipt of a completed application, the payment of required fees, and the determination or adequate certification of compliance with the requirements of this Ordinance, a license shall be issued by the Licensing Authority to the owner which shall be good until the end of the calendar year of issuance.

d. If an application for a permit or the renewal of a permit is denied, or a permit is revoked, cancelled, or not renewed the owner may appeal denial or revocation or non-renewal to the Maupin City Council as provided below.

e. During the time that a license is revoked, non-renewed or not issued, a short-term rental may not operate.

7. Operating Standards. All short-term rentals shall comply with the following operating

standards and conditions:

a. Except as provided herein, single-family dwellings conducting a Vacation Rental business must maintain the appearance and operational characteristics of a single-family dwelling unit.

b. Contact Person(s). The name and phone number of the contact person(s) shall be posted, provided and updated in the following manner: i. Short-term rentals shall maintain a sign, which is conspicuously posted and

clearly visible from the primary street(s) adjacent to the property, identifying the property as a short-term rental. This sign shall include the current name

Page 41: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

PAGE 5 OF 8 - ORDINANCE NO. AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

PAUL F. SUMNER P.C. ATTORNEY AT LAW

185 S.W. ‘B’ STREET, P.O. BOX 16, MADRAS, OR 97741 (541) 475-7277 [FAX (541) 475-2857]

Maupin Vacation Rental Regulation - Final after modification

and 24-hour phone number of the contact person and the occupancy limits of the home.

ii. In addition, the owner shall provide the contact person's name and phone number in writing to the local fire chief and the Wasco County Sheriff's Office.

iii. Each Vacation Rental shall maintain an, up to date, posting which shows the Property Owners contact information, phone and email address and the telephone number for the contact person.

iv. The owner shall update the posted notice and provide a new written notice to the local fire chief and Wasco County Sheriff's Office and the City of Maupin each time there is a change to the name or phone number of the contact person.

v. The contact person shall contact a renter by phone or in person or otherwise promptly respond to phone inquiry upon receiving any complaint from a neighbor, the local fire department or the Sheriff's Office concerning the conduct of a renter or other issue impacting the public or the City.

c. Quiet Time. The hours of 10 p.m. to 7 a.m. weekdays and 10 p.m. to 10 a.m. on

weekends and holidays are required quiet times. The owner or contact person shall notify every renter, in writing, of the quiet times and that a renter may be subject to sanction and penalties under the law. Failure of the licensee or the Licensee’s agents to enforce this quiet time may result in revocation or non-renewal of license. Renters who violate this standard may be issued enforcement mechanisms available for breaches of the peace.

d. Outdoor BBQ's. Outdoor propane BBQ's and outdoor propane fire pits are

permitted. No other outdoor fires are permitted.

e. Garbage Service. The owner shall be required to maintain adequate garbage service, with required secure containers, from the franchised waste disposal service company serving its property. The service must be at a level commensurate with the garbage generated at the dwelling, but no less than weekly service when the short-term rental is being rented. Owners shall notify all guests of the garbage services and requirements for the dwelling.

f. Parking. The owner must provide one (1) parking space for each approved sleeping

area in a short-term rental, plus one (1) additional parking space per unit. Off street Parking spaces shall measure not less than 9' x 19'. Owners shall provide sufficient off-street parking for Renters who bring trailers, boats or similar oversized vehicles. Renters must be advised that they may only park in the off-street parking unless otherwise specifically authorized by the City License. Parking shall not, under any circumstances, hinder the path of any emergency vehicle. Renters may be cited and fined in the event they park illegally. Repeated violations of prohibited parking by renters of the short-term rental may be grounds for revocation or non-renewal of the license.

Page 42: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

PAGE 6 OF 8 - ORDINANCE NO. AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

PAUL F. SUMNER P.C. ATTORNEY AT LAW

185 S.W. ‘B’ STREET, P.O. BOX 16, MADRAS, OR 97741 (541) 475-7277 [FAX (541) 475-2857]

Maupin Vacation Rental Regulation - Final after modification

g. House Number. A house number, visible from the street, shall be installed and

maintained by the Owners.

h. Limits on Occupancy. The maximum occupancy for a short-term rental unit shall be calculated on the basis of an average of Two (2) persons per sleeping area plus an additional two (2) persons. For the purpose of maximum occupancy, those under two (2) years of age shall not be counted. Accessory structures, tents and recreational vehicles and similar sleeping arrangements shall not be used to increase the number of people approved to occupy a short-term rental. Notwithstanding the forgoing, no more than TEN (10) persons shall occupy the short-term rental unit at any one time.

i. Notices to Renters. The owner must provide to each renter and post in a prominent

location in the dwelling, a list of rules including, but not limited to, rules on required quiet times, fire, barbeques, available garbage service, parking locations and limitations on occupancy.

j. Outdoor Lighting. Artificial lighting shall be subdued and shall not shine, cause

glare, or be unnecessarily bright on surrounding properties. Both interior and exterior lighting shall take into consideration the viewshed and shall be shielded or hooded to prohibit glare to impact adjoining properties.

k. Pets and Barking Dogs. If owner allows dogs on premises, the renter shall always

maintain control of the dog including preventing excessive barking 8. Complaint Procedure. All complaints will initially proceed through the informal

resolution process provided herein. If the complaint is unresolved, then the more formal process shall be utilized as set forth below:

a. Step One. The complaining party shall attempt to communicate with the contact

person designated on the license, as is communicated in the notice posted at the short-term dwelling. The complainant shall describe the problem and the requested resolution.

b. Step Two. The contact person shall promptly respond to the complainant and make reasonable efforts to remedy any situation that is out of compliance with the provisions of this Chapter. If that resolves the matter, the complaint process terminates.

c. Step Three. If the response from the contact person is not satisfactory to the complaining party or the contact person does not believe that the problem violates this or other Maupin City Ordinances or other laws, either party or both parties may next provide a written complaint to the Licensing Authority, with a copy of the written complaint provided to the other party by the complainant. The written complaint shall describe all efforts to resolve the problem. The Licensing Authority shall then attempt to resolve the complaint with parties. The Licensing Authority may use community mediation resources if it determines such resources are available and would help resolve the complaint. If not mutually resolved by the parties, the

Page 43: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

PAGE 7 OF 8 - ORDINANCE NO. AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

PAUL F. SUMNER P.C. ATTORNEY AT LAW

185 S.W. ‘B’ STREET, P.O. BOX 16, MADRAS, OR 97741 (541) 475-7277 [FAX (541) 475-2857]

Maupin Vacation Rental Regulation - Final after modification

Licensing Authority shall issue a written determination to both parties to resolve the problem. If the Licensing Authority finds that a violation of this Chapter occurred, the Licensing Authority may undertake enforcement action as authorized in this or other Ordinances of the City of Maupin.

d. Step Four. Either party may appeal the determination of the Licensing Authority by filing a written appeal to the Maupin City Council, within thirty (30) days of the Licensing Authority's determination. The City Council, or its designee, shall hold an informal hearing on the appeal and issue a formal decision.

e. Complementary Procedure. This procedure is separate from but complimentary with the procedures used to revoke, cancel or deny renewal of a license.

9. Denial, Revocation or Nonrenewal of a License; Hearing.

a. Owners of short-term rental units who hold a valid license under this Ordinance are required to comply with all applicable provisions of this Ordinance and the other Ordinances of the City of Maupin. In addition to the penalties, provided elsewhere for any violation of any provision of the Ordinances of the City of Maupin, failure to comply may subject the owner to revocation or non-renewal of a License as provided for in this section.

b. Appeal of denial of a license is also governed under these provisions. c. The following shall be grounds for considering revocation or non-renewal of the

license granted and held under this Ordinance: i. One or more violations of this chapter or other provisions of the Maupin City

Ordinances related to the same short-term rental within one (1) year. Violations include, but are not limited to, complaints identified in this Ordinance which reached step 4 and a final determination was made that the problem as unresolved violating provisions of Maupin Ordinances.

ii. Violations may also be determined by the Licensing Authority for noncompliance with the provisions of this Ordinance or other Federal, State or Local law

d. A decision of the Licensing Authority may be appealed under the following procedures: i. An appeal of the decision of the licensing authority must be filed with the

City Recorder within 30 days of the appealed decision, together with a filing fee, which at the time of adoption of this ordinance is $100 and which as elsewhere provided is subject to annual review.

ii. Upon timely filing of an appeal of the administrative decision of the Licensing Authority, the City Council or an authorized representative of the City Council shall conduct a hearing to consider the challenged decision.

iii. The City Council or its designee shall give thirty (30) days written notice to all relevant parties of the time, date and place of the hearing, that the short-term rental permit may be revoked as a result of the hearing and of the allegations and violations upon which revocation will be considered.

iv. At the hearing, each party shall have an opportunity to be heard and present such witnesses, testimony and other evidence as that party deems relevant to the issues. The procedure will be informal and no cross examination will be allowed. The hearing may be continued at the discretion of the City Council

Page 44: MEETING NOTICE CITY OF MAUPIN COUNCIL MEETING …€¦ · Randy Klettke, Carol Mitchell, Mark Allen, Suze Riley, Don Jacklin, Kathy Schwartz, Christine Fruehling, Stephanie Anderson,

PAGE 8 OF 8 - ORDINANCE NO. AN ORDINANCE ESTABLISHING OPERATIONAL RULES AND REGULATIONS FOR VACATION RENTALS IN THE CITY, ESTABLISHING A PERMITTING PROCEDURE AND A PROCEDURE FOR DEALING WITH VIOLATIONS TO THIS ORDINANCE.

PAUL F. SUMNER P.C. ATTORNEY AT LAW

185 S.W. ‘B’ STREET, P.O. BOX 16, MADRAS, OR 97741 (541) 475-7277 [FAX (541) 475-2857]

Maupin Vacation Rental Regulation - Final after modification

or its designee. v. At the conclusion of the hearing process, the City Council or its designee

shall consider the evidence and issue a binding decision. 10. Severability. Each section, sentence, clause, and phrase hereto is declared severable. If any

section, sentence, clause, or phrase of this chapter is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this Ordinance.

11. Repeal of Conflicting Ordinances. All other ordinances or parts of ordinances that are in

conflict herewith are hereby repealed subject however to the right to proceed on any violations or pursue any existing rights or remedies which existed at the time of enactment of this ordinance.

PASSED by the Council this _____ day of _______________, 2020. Ayes: _____, Noes: _____, Absent: _____, Abstain: ______. _____________________________ Mayor Attest: ________________________________ Recorder