MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, April 10, 2006

 

ATTENDEES:

 

Mayor Tim Van Cleave

City Manager, Dave DeMayo

Kay Robinson

Judy Buschke

Cindi Doherty, Council Chairman

George Koffler

Tom Wolff

 

Rusty Estes, Heppner Fire Department

Bruce Nelson, Public Works Director

Tom Creasing, City Attorney

Sgt Randy Rayburn, MCSD

 

ABSENT:  Glenn Baker

 

Members of the Public:

 

    Jeff Thompson

    Chuck Holt

    Steve Brucker, OIS

    Jason Gardner, OIS

    Bill Gardner, OIS

    Karen Wolff

    Jerry Healy

    Gary Ball

    David Allen

    Duane Jones

    Casey Beard

    Ray Grace

 

I.  Call to Order/Agenda Additions or Deletions

 

The April 10, 2006 meeting of the Heppner City Council was called to order at 7:00 PM by Mayor Tim Van Cleave.

 

    A.  Mayor Van Cleave led attendees in the Pledge of Allegiance to the Flag.

 

    B.  Additions to, or deletions from the agenda.  

 

    Mr. Van Cleave stated that there will not be any action taken on the truck ordinance at this meeting.  No additions to the agenda were identified, although there were several items distributed that weren’t included in the packets.

 

II.  Consent Agenda.  

 

 

 

Motion by Mr. Koffler to approve the Consent Agenda.  Seconded by Mrs. Doherty.  

 

Mr. Koffler questioned the item for Ace Consultants included in the accounts payable, and whether there were funds left.  According to Mr. De Mayo, there is approximately $14,800.  

The bills still to come will not be significant.

 

Mr. Wolff identified one correction:  Delete the backhoe from the surplus equipment.

 

Mr. DeMayo stated that on the bid from Ferguson Engineering, there was a misunderstanding on some work that needed to be done.  Ferguson did work that was not supposed to be done and this will be billed with the sidewalk project.

 

Mr. Wolff questioned the bill from Broderick Construction which was for the roofs at the Senior Center and City Hall.

 

Question:  Motion Carried.

 

III.  Public Comment and Presentations

 

 

    B.  Mr. Steve Brucker, Oregon International Speedway.  

 

Mr. Brucker addressed the Council on the proposed speedway to be located in the North End of the County.  Key points of the presentation were:

 

    Oregon International Speedway developers are working to inform the public of all the facts so that the voters will be able to make an informed decision on the issue.

 

    A presentation will be given in Heppner on April 13, 2006 which is open to the public.  Additionally, a number of Town Hall meetings will be held throughout the area.  Mr. Brucker stated that they expect many of the questions will be related to how big the district will be and the relationship to agriculture products.  He also stated that many of the Heppner voters are members of the “senior” community.

 

    In addition to the speedway itself, Mr. Gardner stated that they expect other development which will bring a wide range of visitors to the area.  Plans are to form groups of approximately 15 people who are informed about the project to be available to answer questions from the voters so that the correct information is available.  The groups will assist in mailing postcards supporting the vote in May 2006.  These people will meet on April 13, 2006 at the Port District in Boardman.  They will also be asking for endorsements from businesses.

 

    Plans are underway for various mailings to be distributed prior to the May 16, 2006 election.  

 

    Mr. Allen stated that ordinances have been prepared and encouraged individuals to read the information thoroughly and provide feedback to the voters.  Mr. Wolff stated that he had read the documentation and that it made sense to him.  Mr. Koffler stated that the biggest problem will be that the word “tax” is used, and that people need to be educated on the facts.

 

    Mr. Koffler also stated that marketing would be an effective tool.  Articles in the Heppner Gazette and on Channel 3 were suggested, along with direct mailings.  A presentation at the Senior Meal Sites was also suggested.

 

    The ballots are scheduled to be sent out on April 26.  

 

    Mr. Gardner stated that the group would like to begin working on the project as soon as the results of the election are known.

 

    C.  Mr. Casey Beard, CSEPP, Morrow County Emergency Management Director.

 

    Mr. Beard, provided an overview of the Heppner Flash Flood Plan.  A flash flood exercise is tentatively scheduled for May 11, 2006.  Mr. Beard provided information on the City’s role in executing the plan.  An initial meeting with City personnel was previously held.

 

    Historically, Heppner has had the worst natural disaster in the history of the US, which was the 1903 flood.  Several protective actions to protect the community have been done over the years, including the Willow Creek Dam, work with the Department of Agriculture to leave the Shobe Creek area in the CRP, funding has been received to improve the diversion ditches on the Shobe Creek range, and periodic funding from the Corps of Engineers to keep the flood way on Willow Creek clear.  Periodic drills have been conducted with the Corps of Engineers and National Weather Service to ensure that Willow Creek Dam is handled properly.  They are also host to one of the most advanced flash flood warning systems in the world.  There are gauges located around the town to determine how much water is falling, how fast it is falling, and how fast the streams are rising.  This information is fed into a computer program to generate flash flood possibility.  

 

    Levels of flood information are as follows:

 

    Level 1 – Normal

    Level 2 – Elevated

    Level 3 – Potential is there and a flood is probably on its way

    Level 4 – Flood in progress

 

    A plan has been developed, i.e., the Heppner Flash Flood Plan which was adopted in 1996 and is being updated by the City.  Since 9-11, it has become particularly important for communities to have a greater sense of responsibilities to protect their citizens.  In the state of Oregon, it is the responsibility of the Cities to protect citizens first.  The next layer of response is the County, then the State, and then a Presidential declaration.

 

    Mr. Beard encouraged everyone to read the plan which needs to be quickly executed.  The public needs to be warned so that they can take protective actions.  There are two sirens located in Heppner, one at Columbia Basin Electric Coop, and one at the Forest Service building.  These are controlled at the Morrow County Sheriff’s Office.  There are also tone-alert radios located strategically throughout the city.  Rally points in the area are also designated.  Action will need to be taken quickly and they would like the City to adopt a plan for reaction to a level three emergency.

 

    Emergency Management Training can be provided to personnel from the City which would in turn allow application for grants.  The Mayor and others should take the training.  Mr. Beard would like the City Council to review the modified or revised emergency plan and adopt it.  May 4-11 are the target dates for the initial drill.  Later in the summer, there will be a complete drill.  Pertinent information will be furnished prior to this.

 

    Mr. De Mayo asked for explanation of the procedure for a legislative body.  According to Mr. Beard, the incident commander will need to be able to take action, to include spending money, knocking down buildings, etc.  Rusty Estes is designated the Incident Commander in the plan.  The revised plan will be listed on the CSEPP web site.  Mr. De Mayo asked if the Council would be expected to go to the EOC as a body.  According to Mr. Beard, this will need to be a pre-set decision.  There are a lot of major policy decisions that need to be determined.  Tonight’s meeting is for familiarization and Council action will be to adopt the revised plan once it is completed.  Delegation of authority will also be required.  

 

    

VI.  Public Hearings and Council Action

 

 

    B.  Permit for Farm Animals Within City Limits:  Denis Lien, 805 Lakeview Court.  

 

    Mr. De Mayo reported that Ms. Devin has reviewed the request and it is in the proper format.  Mr. Lien owns the property and will have access to property out of the Lakeview Heights subdivision.  

 

Motion by Mr. Koffler to approve the request to allow farm animals within the city limits by Denis Lien.  Seconded by Mrs. Robinson.  Motion Carried.

 

Note:  Public hearings were not held since there were no actions requiring public hearings.  

 

V.  Reports

 

 

There was also a flood in the Senior Center which will be reported as an April incident.  

 

Mr. Wolff asked about the structure of the Lexington area.  According to Mr. Estes, he would like the rural district to take over Lexington.  Mr. Wolff stated that this would lower insurance rates for the affected properties.  According to Mr. Estes they are in the process of working with Boardman under the mutual aid agreement.

 

Mr. De Mayo asked to comment on the incident at the Senior Center.  Mr. Estes reported that there was a sprinkler activation at the Senior Center and the building was evacuated and an inspection done.  There was a leak in the roof next to GD’s and unit 129 was flooded.  The cleanup is being done.  The tenant has been moved to the motel temporarily.  This will be an insurance claim.

 

Mr. Wolff inquired about equipment purchases for the fire department.  Earlier this winter, the rural fire district met with the city fire district and the city outlined equipment purchases they would like to make.  Money was lined up to do that on a cost share.  There was a problem with the City’s part of the funding.  The rural district needs to know if they need money in the next 30 days and is this going to happen?  According to Mr. Estes this was a misread of the budget and the rural time certificates can be renewed.

 

 

 

Mr. Koffler stated that it is his feeling that the bill be paid if there is a significant amount of retainage or pay the bill less the amount of the repair bills.  There are also bills from Bailey’s coming in.

 

Mr. Wolff would like to postpone the payment for 60 days.  Mr. De Mayo stated that the problem is that the longer the payment is delayed, the interest accrues.  The money OECDD is loaning is not interest free.

 

Motion by Mr. Wolff to withhold from the current payment due of $114,939, cost associating with fixing the problems on North Gale and North Court, both the City’s incurred costs and outside contractor incurred costs, and to continue to hold the full amount of the retainage in-house.  Seconded by Mr. Koffler.  

 

Discussion:  According to Mr. Creasing, he is not sure if this is a problem.

 

Question:  Motion Carried.

 

Mr. Van Cleave questioned the item in the Public Works report where Mr. Nelson stated that he had met with Daye Stone on the new track at the high school.  Mr. Nelson stated that Mr. Stone had wanted the area swept before paving it.  However, the sweeper is broke.  Mr. Nelson explained the operation of a new sweeper he would like to purchase.  He stated that the present sweeper needs repaired and the cost would be approximately $400.00.  A new sweeper with the features Mr. Nelson recommends would cost approximately $130-150,000.  

 

Mr. Nelson reported that he called United Pipe on meter reading wands.  They had told Bruce he could borrow one.  The wand would save substantial time.  The meters would need to be re-set for use of the wands and United Pipe quoted a price of $500.00 to have someone come to Heppner and work on this.  To set up the system in Heppner would cost approximately $12,000.  The Utility Commission is researching this.  

 

 

The other request was a request for variance for the setback for a small shed that was located on the property line at 280 S. Court.  Approval was given for the shed to remain in its present location.  There is a problem with the City ordinance.  The ordinance did not include rulings for small sheds under 80 square feet.  The Planning Commission is going to revisit the issue and come up with guidelines for the City Manager.

 

Both applications were approved.

 

Mr. Wolff asked about the issue of the Lovgren’s fence.  According to Mr. Jones, this was discussed, but no action was taken.  According to Mr. Jones, this issue may not be resolved unless a survey is done.  Mr. Van Cleave stated that the City Manager has informed the owner of the adjoining property of this.  Mr. Jones explained the problem to the Council, as far as the fact that the owner of the property next to Mrs. Lovgren’s (Ms. Mecham) has stated that the fence is located on her property.  According to Mr. Jones, property line issues will be addressed as they come to the Commission in official format.  

 

 

 

    1.  Mr. De Mayo reported that corrections to the pay ranges are listed on a new resolution for Council action.

 

    2.  The “Truck” committee met and the attorney needs to incorporate Council’s recommendations into a new ordinance.  According to Mr. De Mayo, the committee recommended changes.  Mr. De Mayo recommends that the Council review the changes and discuss at another meeting.  The proposed ordinance changes the rules, and according to Mr. De Mayo, enforcement is the issue.  Sgt Rayburn stated that a penalty for violation needs to be added to the ordinance.  Mr. Creasing stated that the Council needs to decide on accepting the recommendations of the committee.  He stated that the Council also needs to add some language regarding what would happen if privileges were revoked.  A motion will be required to have the City Attorney draft the proposed final ordinance through normal procedure channels, i.e., hearings, etc.  

 

Mr. De Mayo stated that the original reason the issue came up was the noise and parking.  The reason he added the health concerns is because of the problems caused by exhaust.  Mrs. Doherty stated that she would like to see the ordinance fixed.  

 

Motion by Mr. Wolff to have the City Attorney draft a revised ordinance according to the recommendation of the “truck” committee and add the revocation language.  Seconded by Mrs. Doherty.  Motion Carried.  

 

4.  League of Oregon Cities.  Mr. De Mayo announced that League of Oregon Cities meeting in Heppner has been changed to May 31, 2006.

 

4.  City-County Insurance Services.  The value of the City buildings has changed and premiums adjusted.  CCIS has asked that the Council approve their assessments.  Some of the premiums have been raised and others lowered.  Mr. Wolff asked what percentage of increase was.  According to Mr. De Mayo the overall increase is approximately 5%.  

 

Vehicles and equipment were not included.  The new values reflect what it would take to rebuild the structures.  Mr. Koffler questioned the information provided.  Council asked for an explanation of the information.  Mr. De Mayo will have the agent provide an explanation to the Council.  

 

6.  Morrow County Sheriff’s Department contract.  Mr. Wolff stated that he is very happy with the contract.  According to Sgt Rayburn, this is the first year for the contract reflecting less hours.  There are some increased expense, i.e., the car, cost of living increase, etc.  

 

Mr. Van Cleave stated that the Police Commission was in agreement to extend the contract.  

 

7.  ODEQ Warning—Old GT Building.  Mr. De Mayo explained that someone had complained about the burning and the material being burned at the site.  A warning was issued by DEQ.  The next time, a pre-demolition inspection for asbestos will be required.  There also has to be receipts to show how the material was disposed of.  These receipts will have to be forwarded to DEQ and they will then do a final inspection.  The expense will be hauling off the material that cannot be burned.  

 

Mr. Van Cleave discussed putting up a blind on the City yard.  The property owners in the area would like to see 6 ft arborvitae planted.  Mr. De Mayo stated that he thought a 6 ft chain link fence with canvas on it would take care of the problem.  Mr. Wolff asked about the time frame on the property.  Mr. Nelson would like to it done by 1 June.  According to Mr. De Mayo, this unrealistic until next fiscal year.  Mr. Nelson stated that the property needs to be sorted, burned and the remainder hauled off.  Mr. Nelson will discuss this with Mr. Estes.  Mr. Wolff would like the project completed.

 

Motion by Mr. Koffler to have the Fire Chief present a plan of action for the cleanup by the next Council meeting.  Seconded by Mrs. Doherty.  Motion Carried.

 

9.  Transfer of Funds and Worker’s Comp resolutions.  Mr. De Mayo explained that these are housekeeping measures and will be handled under Old Business.

 

 

 

VI.  Old Business

 

 

        B.  Award of Excess Property Bid:  HPD Camcorder.  Mr. De Mayo stated that one bid was received for $35.00 from Linn-Benton Umpire Association, Tangent, OR.  

Motion by Mrs. Robinson to accept the bid of $35.00 for the HPD Camcorder, from Linn-Benton Umpire Association, Tangent, OR.  Seconded by Mrs. Buschke.  Motion Carried.

 

        C.  Declaration of Map 2S 26 27DA, TL #6300, as excess property.  Mr. De Mayo explained that the property had not been declared excess by the Council and therefore had to be declared excess and disposition instructions made.  Motion by Mrs. Doherty to declare Map 2S 26 27DA, Tax Lot #6300 as excess property.  Seconded by Mr. Koffler.  Motion Carried.  

 

According to Mr. De Mayo, there are three methods to dispose of the property, auction, bid, or fixed price sale.  Mr. De Mayo recommends fixed price sale.  Motion by Mr. Koffler to set a fixed price of assessed value of $2800 and sell the property.  Seconded by Mr. Wolff.  Motion Carried.

 

VII.  New Business

 

 

    B.  Resolution to Approve the Transfer of Funds.  Motion by Mr. Wolff to Approve the Transfer of Appropriations Within the 2005-2006 Budget, Resolution No. 635-06.  Seconded by Mr. Koffler.  Motion Carried.  

 

Mr. Koffler asked Mr. De Mayo how the budget is doing after 9 months.  Mr. De Mayo stated that he finds it very frustrating to work with.  He does not see a month by month accounting.  He has asked Ms. Devin to run reports for the Senior Housing, Fire Department, and Public Works.  Mr. Wolff agrees with Mr. De Mayo on the type of report to be provided.  He would like to see it broken down by month for the year.  Council would like to see the reports broken down monthly.  Mr. Van Cleave would like to know what it would take to run the reports to compare with the budget.  According to Mr. De Mayo, he is not sure, but will research it.  

 

    C.  Motion to Accept the CCIS Property Replacement Valuation for FY 06/07.  No action taken at this time.

 

    E.  RFP:  Choosing an Engineering firm for the Linden Way sidewalk project.  Mr. De Mayo explained that he sent out solicitations and RFP to various firms.  The way it works is that you advertise and rank them and then negotiate price.  He stated that he had sent out the information to various firms and the only firm that responded was Ferguson Engineering who very much wants the project.  The one complaint was a cost overrun.  Mr. Koffler asked if there was a line item in the grant for engineering services.  According to Mr. De Mayo this is part of the package.  Ferguson has already taken the first step and contacted ODOT.  Mr. De Mayo explained the conditions of the RFP.  The cost to design the project was $2410.  Mr. Wolff asked if the money Ferguson billed the City covers the cost of the design of the sidewalk.  According to Mr. De Mayo, the survey was already done.  The sidewalk goes from Quaid down Linden Way to Hinton Street and then crosses Linden Way.  Mr. Wolff asked how far down in front of Alpine Concrete the sidewalk would go.  According to Mr. De Mayo it crosses Linden Way by the farm museum.  Councilors also expressed concern on the area by Campbell Way and whether it would narrow the street.  According to Mr. De Mayo, there would be a curb cut and would accommodate two lanes of traffic.

 

Motion by Mr. Wolff to modify the RFP process and accept Ferguson’s surveying and engineering proposal and fee for $2400 +/- for the engineering requirement.  Seconded by Mrs. Robinson.  Motion Carried.  

 

Mr. Wolff asked if CBEC could look at the plans for the sidewalk in order to determine the ingress and egress openings.  Mr. De Mayo stated that as soon as he has the plans, he will contact Mr. Wolff.

 

VIII  Minutes of Commission Meetings (No Action required:  for information only)

 

    B.  Police

    C.  Utilities

    D.  Parks/Beautification

    E.  Housing Authority

 

 

Mrs. Buschke asked about the sculpture for the old pool site.  According to Mr. Koffler, it is a metal landscaped scene being done by Steve Marlatt.

 

Mr. Wolff noted that Hager Park and the old pool site are making progress.  Mr. Nelson reported that Chad Doherty has mowed Hager Park, trimmed trees, etc.

 

The first Budget hearing is scheduled for May 10, 2006.

 

Meeting adjourned at 9:40 PM.