MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, November 13, 2006

 

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

 

ATTENDEES:

 

Mayor, Tim Van Cleave

City Manager, Dave DeMayo

Judy Buschke

Kay Robinson

Glenn Baker

Tom Wolff

George Koffler

 

Brian Harmon, Public Works Director

Sgt Randy Rayburn, MCSD

Rusty Estes, HFD

Anne Spicer, City Attorney

 

Les Paustian, Mayor Elect

Joann Burleson, Council Member Elect

David Sykes, Heppner Gazette

 

MEMBERS OF THE PUBLIC:

 

Lori Timmons, Morrow County Planning Dept.

Darlee Rex, Rex Development, Inc.

Jack Thompson, Principal, Heppner Elementary School

Bob Jepsen, Heppner Housing Authority

Archie Padberg, Heppner Housing Authority

Joe Burleson

Valerie Doherty, Mayor, Lexington

Rick Peterson

 

I.  CALL TO ORDER/AGENDA DELETIONS

 

    The November 13, 2006 meeting of the City of Heppner City Council was called to order by Mayor Van Cleave at 7:00 PM.  Mayor Van Cleave welcomed all attendees to the meeting.

 

 

    B.  Additions to, or deletions from, the agenda.  

 

Mr. De Mayo asked that the presentations by Lori Timmons, Jack Thompson, and Darlee Rex be given prior to the general business of the Council.

 

II.  Consent Agenda.

 

 

    B.  Accounts Payable (the “bills”:  Resolution No. _______

          (the Monthly Financial Statement is for information only)

 

DISCUSSION:  Mr. Wolff inquired about the OECDD loans for 12-1-08 and 12-1-09 and why these were being approved.  According to Mr. De Mayo, these are the dates that these obligations will be paid in full.

 

ACTION:  Motion by Mr. Wolff to approve the consent agenda as presented.  Seconded by Mrs. Doherty.  Resolution No. 650-06.

 

Motion Carried.

 

III.  Public Comment and Presentations.  

 

 

    B.  Consultant – Darlee Rex (St. Patrick’s Sr. Center project)  

 

    DISCUSSION:  Mrs. Rex stated that she is attending the meeting to assist the Housing Authority in obtaining grant funds for the Senior Center.  Mrs. Rex outlined her experience.  She has discussed the project with Mr. Koffler, of the Bank of Eastern Oregon, and Mr. Buchanan, Oregon Housing and Community Services.  

 

According to Mrs. Rex, Mr. Buchanan feels that the project is fundable and that grant monies are available for this type of project wherein the loans could be bought down to where the outstanding balance would be affordable.  Mr. Buchanan suggested that instead of the Housing Authority managing the senior center that professional management be hired and the cost built into the budget.  This would be in addition to an on-site manager.  She suggested the management firm, Cascade Management, Wilsonville.  This firm manages many other projects in Oregon.  Mrs. Rex would also like to have Martha Peck Andrews, architect, to inspect the property to determine what major repairs would be needed in the next two or three years and have these done now.  The loan would be a low interest loan for Oregon Affordable Housing credits which would reduce the amount of the standard loan by 4 percentage points.  Grants would be obtained to retire the existing loans.  

 

Mrs. Rex stated that if she is not able to obtain grants, etc. right away, she will continue to work until she is successful.

 

Mr. Koffler asked how Mrs. Rex would be compensated.  According to Mrs. Rex, the administrative fees would be built into the grants.  However, while Mrs. Rex is working on obtaining grants she requires a $3,000 retainer, $1500 per month would also be required during this period.  The $1500 per month payment would end when the application is submitted.  This would take about 90 days.

 

Mrs. Rex’s fee would be $30,000 plus a $2,500 expense fee.  This would be in addition to market studies, etc.  

 

Mr. Koffler asked about costs.  The cost to the City would be the $3,000 retainer and $1,500 per month.  Mrs. Rex proposes to start working on this as soon as possible because the application deadline is the first week of February.  Mrs. Peck-Andrews would like to visit the site next week.  The $1500 per month payment ends once the application is submitted and then starts again when funding is accomplished.  

 

Mr. Wolff asked about payments.  According to Mrs. Rex, any funds paid to her by the City would be refunded through a successful grant receipt.  

 

The apartments would be considered “Affordable Housing.”  According to Mrs. Rex, other individuals with higher incomes would still be allowed to move into the apartments, since not all of the current residents are low-income.  

 

According to Mrs. Rex, outside management would cost $15-16,000 per year.  Maintenance could possibly be done by the City staff.  

 

Mr. Van Cleave stated that he felt the Housing Authority was strongly in favor of Mrs. Rex’s proposal.  Mr. De Mayo stated he felt it would be appropriate to have an executive session with the Housing Authority to discuss this further.  Mr. Koffler feels that the Council should meet with the Housing Authority.  Last month the Council decided to increase the rent $20.00 per month.  Mrs. Buschke asked if Mrs. Rex was aware that part of the facility is rented to the Senior Board, and was told that she is.  Mr. Jepsen asked Mrs. Rex about the cost of professional management.  According to Mrs. Rex, this would be about $15-16,000 per year.  The cost for Mrs. Peck-Andrews inspection is unknown.  Mrs. Rex feels it is a good idea to have Mrs. Peck-Andrews inspect the building.

 

    C.  Lori Timmons—Pre-Disaster Mitigation Plan.

 

DISCUSSION:  Mrs. Timmons briefed the plan which has been prepared in response to a Federal requirement to prepare in advance for natural disasters.  The steering committee consists of representatives from the Port of Morrow, City of Heppner, American Red Cross, Irrigon Rural Fire Protection District, Boardman Chamber of Commerce, Morrow County School District, Heppner Rural Fire Protection District, Morrow Soil and Water Conservation District, Morrow County Building.

 

The plan is developed in five sections containing all the FEMA requirements.  These are all covered.  Mrs. Timmons outlined the sections of the plan which has been developed over a period beginning May 2006.  Representatives included 20+ stakeholders from Tidewater Barge, Morrow County Sheriff’s Department, Cascade Natural Gas, and others.  Interviews were conducted with the Bonneville Power Administration, West Extension Irrigation District, all of the Cities, as well as representatives from the Chambers of Commerce.  All information is updated and contains information on all Cities.  All applicable natural disasters were covered.  Action items were developed.  FEMA has pre-approved this plan to be reviewed every five years.  Morrow County Emergency Management will be the managing entity.

 

Mr. Wolff asked why this was done.  According to Mrs. Timmons, this plan has to be in place in order to get any help from FEMA in the event of a disaster.

 

Mr. Baker asked if this plan obligates the City in any way other than what the City is already doing.  According to Mr. De Mayo, it does not.

 

The complete plan is available in City Hall for review.

 

ACTION:  Motion by Mr. Koffler that the City adopt Resolution 651-06, a Resolution Adopting the Morrow County Pre-Disaster Mitigation Plan.  Seconded by Mrs. Robinson.  Motion Carried.  

 

    C.  Jack Thompson – Heppner Elementary School  

 

DISCUSSION:  Mr. Thompson stated that he is in attendance to discuss the “lower field sidewalk” and what actions can be taken to improve the sidewalk.  Currently, it is not usable and he has received complaints from parents on safety issues.  Mr. Thompson has concerns about the area and is requesting that the Council investigate what the City and the School could do to make the area functional.  At this time, a portion of the property on Baltimore Street is City-owned and needs to be vacated.  Mr. Thompson showed a slide of this area which is from the foot of the stairs leading to the parking lot to the creek.  The sidewalk in this area is in very poor condition and there are also issues with the wall along the sidewalk crumbling.  The walkway needs to be replaced since there are several areas of the sidewalk that are badly damaged, plus the downhill side of the walkway is starting to erode.  The fencing along the bridge is badly damaged.  Also the wall is very unsightly and in poor condition.  

 

In looking at the City maps, the right of way is 60 feet wide/sidewalks are 5 feet wide, and the driveway is just past the bridge the only current access to the field for lawn mowers, etc.  

 

There is a City ordinance wherein adjoining property owners are responsible for the upkeep of the sidewalks.  Mr. Thompson has obtained two bids; one to put in cement blocks for a footing to install drainage and increase the width of the wall for $33,000; one to increase the black railing to the bridge for $7,400.  The total cost would be approximately $40,000.  

 

The property has not been surveyed.  Mr. Thompson would like the portion of Baltimore Street vacated.  Mr. Wolff asked about a time frame for the work and Mr. Thompson stated that it is budgeted over a 3-5 year period.

 

The concrete breakage on the sidewalk was done by the City.  Repairs by the City are planned and the funds would come from the Streets budget.  Frank Jones is supposed to repair the sidewalk.  Mr. Harmon stated that these areas should be repaired.  

 

Mr. Baker asked if the repairs could be done and an additional railing installed.  Mr. Baker was concerned about safety.

 

Mr. Thompson suggested dumping dirt to make the slope into the field less steep.  According to Mr. Harmon, the drainage needs to be addressed further.  

 

IV.  PUBLIC HEARINGS AND COUNCIL ACTION.  

 

    Public Hearings opened at 7:55 PM.

 

 

    C.  A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  515 Cowins Street, Map #2S 26 35CA, Tax Lot #1500, County of Morrow, City of Heppner.

 

DISCUSSION:  Mr. Rick Peterson stated that he is attending the Council meeting as a representative of the property owner, Carl Bauman, who lives in Alaska.  Sgt Rayburn, MCSD, stated that he has cited the tenants and they are scheduled to go to court on November 14.  Sgt. Rayburn expects Judge Gray to give the tenants an additional 30 days to clean up the property.  Mr. Peterson would like to have someone work with him to advise him on what needs to be done.  According to Sgt Rayburn, the vegetation has been removed, but the vehicles have not been removed.  Mr. Koffler recommended giving the tenants another 30 days to clean up the property.  Sgt Rayburn agreed to work with Mr. Peterson.  

 

Public Hearing on this property closed at 8:00 PM.

 

Meeting adjourned to Executive Session at 8:05 PM to Consider Housing Authority Funding.  (ORS 192.660 (D)(j)  To carry on negotiations with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments.

 

Executive Session concluded at 8:32 PM.

 

ACTION:  Motion by Mr. Koffler to authorize the City to use up to $10,000 of the contingency funds to enter into a contract with Darlee Rex for consulting services to obtain grant funds for the Heppner Housing Authority, subject to competitive bidding regulations.  Seconded by Mr. Wolff.  Motion Carried.  

 

Public Hearings Re-opened at 8:33 PM.

 

 

Discussion:  Sgt Rayburn reported that the cleanup is not done, pending eviction of the tenants.  The owner will not be able to do any work until the tenants leave.  According to Ms. Spicer, evictions take thirty days.

 

    B.  A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  535 S. Court Street, Map #2S 26 35 CB, Tax Lot #200, County of Morrow, City of Heppner, Oregon.

 

Discussion:  Sgt Rayburn reported that this property has been cleaned up and no further action is required.

 

    D.  A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  440 Water Street, Map #2S 26 27DD, Tax Lot #2500, County of Morrow, City of Heppner.

 

Discussion:  Sgt Rayburn reported that this property has been cleaned up and no further action is required.

 

    E.  A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  288 N. Main Street, Map 2S 26 35BB, Tax Lot 8000, County of Morrow, City of Heppner.  

 

Discussion:  Sgt Rayburn reported that nothing has been done on this property and recommends that the City proceed with action on this property.  

 

Public Hearings closed at 8:35.

 

Council Action.

 

 

    C.  A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  515 Cowins Street, Map #2S 26 35CA, Tax Lot #1500, County of Morrow, City of Heppner.  Resolution No. _______.

 

    E.  A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  288 N. Main Street, Map 2S 26 35BB, Tax Lot 8000, County of Morrow, City of Heppner.  Resolution No. _______.

 

ACTION:  

 

Motion by Mr. Wolff to allow 60 additional days for cleanup of property at 595 S. Court Street; 30 additional days for cleanup of property at 515 Cowins Street; discontinue action on 535 S. Court Street, and 440 Water Street; and pass A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  288 N. Main Street, Map 2S 26 35BB, Tax Lot 8000, County of Morrow, City of Heppner, Resolution No. 652-06.  Seconded by Mr. Koffler.  Motion Carried.

 

V.  Reports.

 

 

Discussion:  Chief Estes reported the following incidents:  2 MVAs, 2 fires at the fairgrounds, 1 secure of helipad for Air Life; 1 Mutual Aid to Ione, 37 Chief Calls, 1 working structure fire.  The structure fire at Arbogast’s residents received praise from the insurance investigator for the aggressive interior attack on the house with minimal water damage.  According to Chief Estes, 90% of the calls received at this time of year are for uncontrolled burning.

 

 

 

Discussion:  Mr. Harmon pointed out to the Council that the format of the Public Works report has been changed.  Council members approved of the change.  Mr. Harmon reported the following:

 

    Water Department.  Repaired leaks on Cannon and Chase Street.  A chunk of asphalt had not been removed and pinched off the service line.  Eventually, Public Works would like to remove all the 4” lines to 8”.  All City meters have been winterized.  Mr. Harmon’s crew is working on locating a leak on Fairview Way.

 

    Sewer Department.  Mr. Harmon reported that in addition to the listed items, concrete work has been done at the sewer plant to allow the chlorine and sulpher dioxide bottles to be rolled out for safety.  Bailey’s did the repair on Minor Street since this was the same day that the crew was working at De Loach’s residence on Fairview Way.  The Minor Street work is chargeable to Moore Excavation.  The digester at the sewer plant is going to be a large project.  This is going to have to be addressed if there is a structure problem.  More information should be available by the end of the week.  Mr. De Mayo and Mr. Harmon are working on acquiring a grinder.  Sewer system maps have been located and have been enlarged which will make sewer main maintenance more efficient.  The City of Pendleton has been very helpful with the sewer plant.  Mr. Harmon is working on installing a catwalk that he obtained from Pendleton—the only cost was to pick this up—around $600.00.

 

    Street Department.  The guard rail project went very smoothly.  

 

    Parks.  Leaves will be removed as soon as scheduling allows.

 

    Other Departments.  Mr. Harmon reported that the roof on the shop has been repaired.  The repair to the drain line at the shop is in progress.  The Senior Center list is almost complete.  Mr. Sykes reported that the water problem at the Gazette Times building has been resolved.  

 

Mr. Wolff asked about reading the water meters during the winter since Public Works is short on labor.  According to Mr. De Mayo, this has not been an issue since they have the new electronic meters.  Mr. Harmon stated that they are working on replacing all the old meters throughout town.

 

 

 

 

Discussion:  Mr. De Mayo reported the following:

 

 

 

 

 

 

ACTION:  Motion by Mr. Wolff to accept the revised estimate of $2,142.50 from Jay Keithley Construction, based on approval by the City Attorney.  Seconded by Mrs. Doherty.  Motion Carried.  

 

 

 

 

 

    ACTION.  Motion by Mr. Wolff to accept the base fee of $8,600 + CPI index from Barnett and Morrow PC under the professional contracts provisions of the Oregon Budget Laws to extend the agreement for three more years.  Seconded by Mrs. Robinson

 

Discussion.  Mr. De Mayo stated that he had invited the auditors to attend this Council meeting, but they stated that they have not attended in the past.  

 

Question:  Motion Carried.

 

Mr. Wolff commented about the recommendation in the audit report about consolidating some of the funds.  Mr. Wolff is in favor of this.  

 

    ACTION:  Motion by Mr. Wolff that the City Manager work to consolidate funds as appropriate per the auditors request to reduce the bookkeeping workload.  Seconded by Mr. Baker.  Motion Carried.

 

 

ACTION:  Motion by Mr. Wolff that since no bids were received that City Management dispose of the property in the best manner that they see fit.  Seconded by Mr. Baker.  Motion Carried.

 

 

Discussion.  Correspondence in the packet regarding Moore Excavation was reviewed by Council.  Ms. Spicer reported that although the As-Builts have been received, further work is needed on getting the warranty bond.

 

Mr. Koffler asked if the funds from the retainage are still being held?  According to Ms. Spicer the retainage is still being held.  The funds are still being held and will not be released until the warranty bond is received as a requirement of the contract and claims settled.  The amount of funds in the retainage is $75,000.  The City Attorney is pursuing this.

 

 

ACTION:  Motion by Mrs. Robinson to accept the Auditor’s Report for FY 05/06.  Seconded by Mrs. Doherty.  Motion Carried.

 

VI.  Old Business.  

 

Items listed were covered previously in the meeting.

 

VII.  New Business.

 

Items listed were covered previously in the meeting.

 

COMMENTS FROM COUNCIL MEMBERS.

 

 

 

 

Meeting adjourned at 9:35 PM.