MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING
HEPPNER CITY HALL, 111 N. MAIN STREET, HEPPNER, OREGON
7:00 PM, May 14, 2007
 
NOTE:  Where stated “Motion Carried” is considered unanimous, unless otherwise stated.
 
ATTENDEES:
 
Mayor, Les Paustian
City Manager, Dave DeMayo
Judy Buschke
Glenn Baker
Cindi Doherty
Kay Robinson
George Koffler
 
Brian Harmon, Public Works Director
Anne Spicer, City Attorney
Sgt Randy Rayburn, MCSD
Rusty Estes, Heppner Fire Department
Ken Matlack, Morrow County Sheriff
 
Absent:  Jo Ann Burleson
 
MEMBERS OF THE PUBLIC IN ATTENDANCE:
 
David Sykes, Heppner Gazette
Mrs. Matlack
Tammy Malgesini, East Oregonian
 
1.  GENERAL BUSINESS
 
    A.  Call to Order:  The May 14, 2007 meeting of the Heppner City Council was called to order at 7:00 PM by Mayor Paustian.
 
    B.  Pledge of Allegiance:  Mayor Paustian let the Council and attendees in the Pledge of Allegiance.
 
    C.  Announcements – Agenda Additions.
 
        1)  No Agenda additions were identified.
 
        2)  Mr. De Mayo announced that Jerry Gentry is withdrawing his request for an animal permit.
 
    D.  Correspondence
 
        1)  Request for use of the City Park for Class Reunion – July 21, 2007.  
 
Action:  Motion by Mr. Koffler to approve the use of the City Park on July 21, 2007 for a class reunion.  Seconded by Mrs. Robinson.  Motion Carried.
 
        2)  Letter, Oregon Department of Transportation, April 24, 2007, Subject:  Elder Street Extension.  According to Mayor Paustian, this letter notifies the City that ODOT is not able to fund the Elder Street Extension.  
 
        3)  Letter from Jack Thompson, Principal, Heppner Elementary School, May 14, 2007.  Mayor Paustian stated that the letter from Mr. Thompson thanks the City for their assistance in researching the Elder Street Extension which is no long an option for correcting the safety concerns on Stansbury Street later in the meeting.  Mr. De Mayo stated that there will be some follow-up discussion on safety of the students crossing Stansbury Street.  Mayor Paustian stated that there should be Stop signs at the crosswalk and recommended that the crosswalks be marked since Stansbury is a City street.  Mrs. Buschke stated that she would like to see a Stop sign installed.  Mr. De Mayo wondered if a Stop sign would deter traffic on the street.  Sgt Rayburn feels that the Stop sign that was installed previously should be reinstalled.  This would be in the center of the street.  Currently there are sandwich boards that read “slow” and could be changed to read “Stop.”  Mr. Harmon stated that the City has marked the crosswalk in the past.  Mr. Koffler recommended that the City go ahead and paint the crosswalk, buy the Stop signs and let the school know that they are being installed.
 
Action:  Motion by Mrs. Buschke to proceed with installing the Stop signs and crosswalk.  Seconded by Mrs. Robinson.  
 
Further discussion:  Mr. Koffler recommended that the City Manager make Mr. Thompson aware of the City’s planned action.  Mr. Harmon will take care of ordering the material for this.
 
Motion Carried.  
 
3.  CONSENT AGENDA
 
    A.  Minutes of City Council Meeting, April 9, 2007.  
 
    B.  Resolution No. 670-07, A Resolution Approving Accounts Payable for Payment.
 
    C.  Monthly Financial Statement.  
 
Motion by Mr. Koffler to approve the Consent Agenda.  Seconded by Mrs. Doherty.  Motion Carried.
 
4.  REPORT FROM THE FIRE CHIEF
 
Chief Estes reported that Fire Season has started.  They had their first wild land grass fire last month.  They were put on standby for Arlington and Boardman, but were not called.  They secured the helipad three times, two motor vehicle accidents, and Chief Estes had 27 calls from the Sheriff’s department.  Mr. Koffler asked Chief Estes why so many vehicles were sent out on a single accident?  According to Chief Estes, until they know exactly what is happening they need manpower as a precautionary measure.  If they are not needed, they are sent back.    
 
REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE.
 
    A.  Sheriff Matlack.
 
Sheriff Matlack stated that he had brought information to answer some of the Council’s questions.  Currently every month, the City is provided a computer-generated report which is a breakdown of calls in the City.  A lot of the calls are burning permit notifications.  
 
Sheriff Matlack stated that he has heard that citizens are concerned about more deputy presence in the City.  He has instructed the deputies to do walking patrols downtown.  The new deputy, Deputy Wilson has been doing a good job and checks in periodically with Mr. De Mayo.  
 
The deputies have also been making notes on their activities in Heppner and have generated an hour accountability schedule which shows the actions of the deputies and accounts for all activity during the time they are on duty.  Sheriff Matlack furnished a copy of this report for Council review.  Deterence Patrol is defined as the time the deputies are out on patrol and the hours are accounted for.  Sheriff Matlack stated that it is important that his deputies are visible.  
 
Mr. Koffler asked if this report would be beneficial for the Police Commission?  Mr. Baker stated that he has an interest in the report.  Mrs. Doherty and Mrs. Buschke would like the report each month.  Mr. Paustian stated that he thinks this is important so that the City will be aware of what they are paying for.  Some of the items on the current report are blacked-out for privacy.  Sgt Rayburn will be responsible for furnishing this report to the Police Commission.  According to Sheriff Matlack, this is a lengthy report.  Mrs. Buschke would like to see this report for one month before a final decision is made, i.e., next month’s Council packets.  Mr. Koffler feels this should be received as a Police Commission action.  He feels that the deputies should be accountable for their hours, but that the report should be handled as a Police Commission action.  
 
Mrs. Doherty asked if bike rodeos are still being done.  In the past Deputy Bowles handled this activity.  Mrs. Doherty’s main concern is the lack of helmets being worn by riders.  Sheriff Matlack stated that a bike rodeo could be held if there was a request.  
 
Mayor Paustian asked if there were any questions on the new contract.  Council members did not get a copy of the complete contract, just the costs.
 
With regard to the contract, Sheriff Matlack stated that the CPI cost of living index is used in labor contract negotiations.  The exact costs for these items is unknown at this time.  The range is shown on the report provided.  He would prefer a generic contract to be discussed among the City Manager and Sheriff and Police Commission.  Sheriff Matlack stated that this year’s contract seems to be reduced.  However, this is because of the vehicle replacement which is not included in this year’s contract.  Each year’s contract should be based on the goals and actions for that year.  
 
Action:  Motion by Mr. Koffler to approve the 2007/2008 Sheriff’s Department contract with the understanding that a plan of work is established on an annual basis with the Police Commission and the Sheriff.  Seconded by Mrs. Doherty.  Motion Carried.  
 
    B.  Mr. Baker.
 
Mr. Baker, whose house is located on the corner of Church and Gale Streets, gave a verbal presentation on a problem that he noticed at the intersection of Church and Gale Streets on May 4, at 4:00 PM.  He stated that this is a common occurrence at this intersection.  The specific incident occurred when two children (ages 6 and 3 years old +/-) were attempting to cross the street.  A car came down Gale Street traveling at a high rate of speed, then made a left turn onto Church Street, after honking his horn.  The children were unhurt.  A contractor working in the area also witnessed this incident.  This is a common occurrence in this area, because the speed limit is not observed.  Mr. Baker would like to see people cited for violations in the area and more emphasis placed on traffic safety.  This will be discussed at the next Police Commission meeting.  Mr. Baker would like a more aggressive approach toward this before there is an accident.  Mrs. Doherty added that she has noticed that a lot of drivers are not stopping at crosswalks.  Sheriff Matlack stated that the law has not been changed and pedestrians have the right-of-way in crosswalks, and a complete stop is still required.
 
Sheriff Matlack suggested using the speed trailer on this street.  Mrs. Spicer stated that Mr. Baker’s area is a problem area because of traffic from the high school.  Mr. Baker stated that most of the problems in Heppner are traffic enforcement.  Mr. Koffler asked Mr. Baker if he is looking for more aggression on citing drivers.  He would like to see more citations.
 
Mr. Baker has also noticed more illegal U-turns.  According to Sheriff Matlack, U-turns are legal in intersections unless otherwise posted.  Mrs. Doherty suggested that Mr. De Mayo submit an article to the Gazette Times regarding traffic issues.
 
Mr. Harmon suggested 4-way stops at intersections on Gale Street.  Sheriff Matlack stated that 4-way stops would cause more problems.  He would prefer to see more citations.  
 
Mr. De Mayo stated that the City does not have the authority to manage traffic in the City since there is not a traffic engineer on staff.  ODOT governs this.  Sgt Rayburn stated this is a lengthy process.
 
6.  REPORT FROM THE PLANNING COMMISSION
 
A representative from the Planning Commission was not available.  However, Mr. Paustian stated that at their last meeting, the Planning Commission approved a variance to allow a sign to be installed at Howe’s Pizza on May and Court Streets.
 
7.  REPORT FROM THE HOUSING AUTHORITY.
 
Mrs. Buschke reported the following:
 
1.  Vacancies.  There is currently one vacancy in the Senior Center and possibly another unit will be vacated since Mrs. Stone may not be returning.
 
2.  Nothing has been heard on the grant request.  Mr. De Mayo will cover this in the City Manager’s report.  He stated that he is hesitant to have the vacant unit occupied because of the condition of the windows, even though it has recently been painted.  The windows cannot be sealed and exhaust from adjoining businesses is a problem.  These are not the only windows that need work.  
 
8.  PUBLIC HEARINGS.  None.
 
9.  COUNCIL ACTION.  None.
 
10.  MINUTES OF COMMISSION MEETINGS.  Furnished for information only.
 
11.  REPORT FROM THE PUBLIC WORKS DEPARTMENT.  
 
Council members reviewed the report submitted by Mr. Harmon.  Two minor errors were corrected.  Mr. Paustian stated that there are some problems on Barratt Blvd. that need attention.  He also asked if there has been any takers on fill dirt from the City Yard.  According to Mr. Harmon, there have been a few.  The remaining material will be hauled to the old pistol range.
 
Mr. Paustian commended the City crew on their assistance with the school cleanup day.  Mr. Koffler asked if a rock wall is being built in Hager Park and Mr. Harmon stated that they are building one..  
 
Mayor Paustian stated that the students did a very good job.  
 
Mr. Koffler stated that the Utilities Commission has been focused on what to do on the improvements at the sewer plant.  According to Mr. Harmon more monitoring is being is being discussed.  
 
The doggie bag stations which have been installed in the parks have been a great success.  Mr. Harmon would like to install several more stations.
 
Mr. Koffler asked about the Public Works employee who had resigned.  This needs to be discussed in an Executive Session.  
 
12.  REPORT FROM THE CITY MANAGER
 
    A.  City Manager De Mayo reported on the following items:
 
1.  Kirk Street Bridge.  Will be discussed later in the meeting.
 
2.  Excess property bids will be opened later in the meeting.
 
3.  Interviews to hire a new Public Works employee will be held in June.
 
4.  The grant for the Senior Center was denied at this time.  The Senior Center belongs to the Housing Authority and not the City Mr. De Mayo will have a meeting with Bruce Buchanan and Mrs. Rex to discuss this further.  The next submission will be due in July.  The cost will be $2500-$3000.  The Breeding house on Linden way was sold for $29,000 and the proceeds were deposited in the Housing Authority reserve fund.  Mr. Koffler asked if there was encouragement to re-submit the grant application.  Mr. Buchanan believes that there is strong community support and recommended resubmitting the application.  Mr. Koffler also asked about deeding the property back to the City and Mr. De Mayo stated that this would not be necessary.  Weatherization was also a problem; the City didn’t ask for enough on this.  
 
Motion by Mrs. Buschke to resubmit the grant request.  Seconded by Mrs. Doherty.
 
In favor:  Buschke, Koffler, Paustian, Robinson, Doherty, Koffler
Opposed:  Baker
 
    B.  Old Business.
 
1.  Kirk Street Bridge Action.  Council members announced that they had visited the site prior to tonight’s meeting.  Mr. Paustian stated that truck traffic would be the problem.  Mr. De Mayo stated that Bailey’s had quoted a price of $4,000-5,000 to do the work, but bids have not been requested since the City hasn’t chosen a particular course of action.  Mr. Harmon stated that Mr. Laughlin had informed him that if the City did buy the timbers, he and other neighboring property owners who use the bridge would help with the repair work.  
 
Mr. Koffler stated that the other two bridges in town were in worse shape than the Kirk Street bridge and wondered if the reason for this was because Kirk Street is a dedicated street.  Mrs. Buschke asked if there had been a bond issue connected with this in the past.  According to Mr. De Mayo when the Corps of Engineers widened Shobe Creek, they were supposed to fund three bridges across Shobe Creek.  Only two bridges got built and Kirk Street never got built.  According to Mrs. Spicer there is a landlocked piece of property which cannot be reached except across the bridge.  Mr. Koffler asked if the material is worn out or is it loose from years of use.  According to Mr. Harmon the wood is worn out, plus the propane truck will not cross it in its present condition.  The bridge has steel I-Beam construction.  Mr. De Mayo recommends bidding this out for repair or allow the City crew to do the work if the neighbors were willing to help.  Mr. Harmon stated this shouldn’t be that hard.  Mr. Baker is in favor of doing the work as inexpensively as possible.  Mr. Harmon explained the past work that had been done on the North Main Street bridge.  Mr. Paustian suggested that Mr. De Mayo visit with the neighboring property owners on partnering with the City to do the work.  Mr. Paustian would also be willing to help.  Mr. De Mayo stated that treated lumber will have to be used to make the work last.  
 
Action:  Motion by Mr. Koffler to move forward with replacing the bridge with Option A being done by the City crew and Option B to put the work out for bid.  Seconded by Mrs. Buschke.  Motion Carried.
 
2.  Opening of Surplus Property Bids and Award of Sale (Shelving, PW Shop)
 
    Bid from Robert Mc Donald for 6 units at $10.00 per unit for a total of $60.00.
 
    Bid from R. L. Stevens, Hardman, for $60.00 for the complete shelving.
 
Mr. Harmon stated that the Catholic Church wanted four units.  According to Mr. Harmon there are 35 units.  
 
Action:  Motion by Mr. Koffler to award the bid for 6 units from Robert Mc Donald; give 4 to the Catholic Church, and offer the remainder to Mr. Stevens.  Seconded by Mr. Baker.  Motion Carried.
 
    C.  New Business.  
 
1.  Resolution No. 671-07, Volunteer Resolution for Policy Year 2007-08.  
 
Action:  Motion by Mrs. Robinson to pass Resolution 671-07.  Seconded by Mr. Koffler.  Motion Carried.  
 
2.  Confirmation of Larry Mills and Joyce Kay Hollomon appointments to Planning Commission.  
 
Action:  Motion by Mrs. Doherty to approve the appointments of Larry Mills and Joyce Kay Hollomon to fill the vacancies on the Planning Commission of Duane Jones and Frank Jones.  Seconded by Mrs. Buschke.  Motion Carried.
 
3.  Resolution No. 672-07, A Resolution Approving the Transfer of Appropriations Within the 2006-2007 Budget ($3,000 from Sewer Fund Contingency).
 
Discussion:  Mr. De Mayo stated that there were extra expenses on replacing the metal doors at the sewer plant and there was one additional bill for the digester from a company in Portland that was not paid.
 
Action:  Motion by Mrs. Robinson to approve Resolution No. 672-07.  Seconded by Mr. Baker.  Motion Carried.
 
13.  REPORT FROM THE CITY ATTORNEY.
 
Discussion:  Mrs. Spicer reported that they are waiting for a memorandum from Moore’s attorneys before moving forward.  This should be received shortly.  There are two issues:  One is whether appropriate locates were done; and the other has to do with insulation of the pipe on Balm Fork.  Mr. Koffler asked if we are close to a settlement.  Mrs. Spicer stated that they are still waiting on additional information as there are still some major issues.  As soon as the additional information is received and reviewed, it will be discussed in executive session.  
 
14.  REPORT FROM MAYOR/CITY COUNCILORS.
 
    A.  Mr. Koffler stated that he had several questions from business owners on whether the City had any regulations on skate boards in the community.  This is becoming a popular sport and this needs to be regulated.  A suitable place for this activity needs to be located.  Mr. De Mayo was asked to research this.
 
    B.  Mr. Harmon asked about the personnel issue.  According to Mrs. Spicer this needs to be done in executive session.  Mr. Harmon would like to provide all the information on this.  Mr. De Mayo stated this will also be discussed by the Personnel Committee.
 
Meeting adjourned at 8:50 PM.