MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, December 08, 2008

 

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

 

ATTENDEES:

 

Mayor, Les Paustian

Cindi Doherty

Judy Buschke

Keith Lewis

JoAnn Burleson

Kay Robinson

John Bowles

 

Dave De Mayo, City Manager

Brian Harmon, Public Works Director

Rusty Estes, Fire Chief  (left at 7:55 PM)

Sgt Randy Rayburn, Morrow County Sheriff’s Department

Ann Spicer, City Attorney

Judy Eckman, City Treasurer

 

Members of the Public in Attendance

 

Samarra Van Doorn

David Sykes, Heppner Gazette

Shawn Halsey, CSEPP

Mike Roxbury, CSEPP

Victor Vander Does

Gayle Gutierrez

Richard Stoddard, Barnett & Moro

Tim Dickenson

Dick Sargent

Mark Kightlinger, ODOT

Tim Rynearson, ODOT

Craig Sipp, ODOT

 

1.  GENERAL BUSINES.

 

      A.  Call to Order.  The December 8, 2008 meeting of the Heppner City Council was called to order at 7:00 PM by Mayor Paustian.

 

      B.  Pledge of Allegiance.  Mayor Paustian led Council members and attendees in the Pledge of Allegiance to the Flag.

 

      C.  Announcements – Agenda additions and deletions.

 

            1)  No Announcements.

 

            2)  Agenda additions and deletions.

           

            a.  New Lease for Dickenson Chiropractic Office - Consent Agenda.

 

            b.  Contract – Oregon Department of Corrections – Inmate Work Crew.

 

            c.  Signature Change for Bank of Eastern Oregon Checking Account. 

 

      D.  Correspondence.

 

            1)  Letter, November 15, 2008, Portland State University; Subject:  Preliminary 2008 Population Estimate.  This letter states that the preliminary population estimate for 2008 shows an increase from 1415 to 1425.

 

            2)  Letter, Oregon Economic & Community Development Department, November 18, 2008, Re:  Project Closeout for Safe Drinking Water Revolving Loan Fund, Heppner Water System Rehabilitation and Improvements, #S03008.  This letter informs the City that the project is complete and all terms and conditions of the contract have been met. 

 

      E.  Public Comment. 

 

            1)  Mr. Sargent is in attendance to discuss the reactivation of the Neighborhood Watch program.  His church had concerns over the article in the paper recently about the curfew.  Mayor Paustian stated that Deputy Bowles has chaired this effort in the past and would be willing to meet to discuss details of the project.  Mrs. Burleson noted that in the past, Ray French was in charge of this in the Hager Park area. 

 

            2)  Mr. Dickenson stated that he is interested in renewing his lease for the office space on May Street.

 

2.  COMMUNICATIONS FROM THE PUBLIC.

 

      A.  Presentation – Oregon Department of Transportation – Court Street Project. 

 

Mr. Tim Rynearson, ODOT, introduced Craig Sipp from Hermiston who will be in charge of the project, and Mark Kightlinger, ODOT. 

 

Mr. Rynearson announced that the plans and specs for the project have been submitted to Salem in review for bid.  The project will bid January 22, 2009.  At the point where the contractor is selected, Mr. Sipp will take over management of the project. 

 

Mr. Rynearson gave an overview of the project and current project.  The overall intent of the project was identified in 2003 and 2004 since there were some issues with the road from the Court House to the fairgrounds.  One of the primary issues is that there is a problem with the surface and it is worn out.  The alignment is narrow, and the sidewalk is not complete out to the fairgrounds.  There also is not an existing crosswalk to the elementary school.  The curve at the elementary school will be widened and realigned.  The project will begin at the court house and terminate at the fairgrounds.  There will be improved sidewalk and new road surface out to the fairgrounds.  The cost of the project will be $2.5-2.8 million.  During the initial process, the price of paving oil and asphalt have gone up.  They have investigated how to conserve costs.  Concrete can be used and will be an equal or less cost.  The life expectancy of concrete is 40 years.  The project will be built in 2009.

 

Mr. Kightlinger, Lead Roadway Designer, La Grande, OR.  Mr. Kightlinger briefed the project.  The job starts at the intersection of May and Court Street in front of the Court House and continues out to the fairgrounds entrance.  During previous meetings with the citizens, the width of the road was discussed.  It was requested that if the road would be widened, it should be widened on the hill side of the road.  Parking was an issue along with sidewalk out to the fairgrounds.  Retaining walls will be used on the hill side.  The present walls will be removed.  The overall roadway is being widened to 36 feet; sidewalks will be 6 feet wide.  Parking will be allowed on the west and north sides.  The area near the grandstand will have parking on both sides of the road.

 

Concrete surfacing is proposed for the road all the way to the fairgrounds.  Drainage is being redesigned.  Stansbury Street will be widened.  The impact to property owners on the west will be minor.  The main impact will be on the east side. 

 

ADA access was addressed.  From the court house to Willow Street ADA access will not be available. 

The bridge will be resurfaced and re-habilitated.  Willow Street will be steeper due to rebuilding the street.  However, the landing will be flattened out.  Mrs. Burleson asked about the fountain at the fairgrounds and would it be affected.  According to Mr. Kightlinger, the fountain will not be touched.

 

With regard to parking, concrete will need time to set up and cure which will take 5 days per area.  The proposal is that half of the road will be paved at a time.  Traffic will be single lane with flagger control. 

 

Mr. Estes had concerns about ambulance traffic--the contractor will arrange so emergency traffic can get through.  The bridge will not be closed.  Mr. Bowles asked when construction will start—according to Mr. Kightlinger, all work needs to be done by the end of October 2009.  The contractor will make the decision on when construction starts.  There are also some water and sewer lines that will need to be replaced.

 

Blasting will be necessary on the rock wall.  One of the concerns is fencing which will be replaced.  There are no sidewalks planned to the south on the east side of Barratt Blvd.  Utilities will be relocated during the contract.  When paving starts, there will be a time period where citizens will not be able to use their parking area.  Parking alternatives – the school has agreed to allow parking in their parking lot during the period when it is not available at residences. 

 

Excavating material will be disposed of on Jones Hill, although the contractor may make other decisions on this.  Mr. Sipp suggested discussing this further with the contractor.

 

Craig Sipp.  Mr. Sipp stated that once the contract is let, he will be the project manager.  An inspector will be onsite and will be working closely with City personnel.  Once a contractor is on board, there will be a number of meetings to discuss schedules, etc.  Weekly meetings with the contractor are planned.  Mr. Sipp would like to be the representative to work with City personnel.  Emergency services will be dealt with as necessary.  They will work with Mr. Harmon on the utilities.  There will be some disruption of utilities throughout the project.  They will try to keep these to a minimum.  There will be no work days on St. Patrick’s weekend and Fair and Rodeo week.  Mr. Sipp’s intent is to keep the citizens informed.  Project completion date is scheduled for October 31, 2009. 

 

Mr. Paustian asked if the state has signed off on the project.  According to Mr. Rynearson, it is in Salem for review and signing.  This should take approximately two weeks.

 

      B.  Barnett & Moro, 2008 City Audit.

 

Discussion:  Mr. Stoddard, Barnett and Moro reviewed highlights of the audit.  Page 5 contains the independent auditor’s report.  The financial statements represents what has been tested and presented fairly.

 

Page 8 – Cash and investments are up a round $130,000.  Throughout the year the city purchased new capital assets of around $445,000 and took on new debt of $490,000 +/- and paid off existing debt of almost $270,000.  Total net assets rose by approximately $70,000. 

 

Page 43 – One of the items noted and included in the management letter, the City has a debt covenant related to its water debt that the City will charge minimum rates.  This has happened.  Additionally, the City will have net revenues of 110% of the debt service.  The debt service each year is approximately $118-119,000.  They are giving a warning to the City to monitor this to ensure that there is enough cash coming in to pay the debt.

 

Franchise Fees.  The garbage franchisee (Heppner Garbage) has missed a couple of payments early in the year.  Since then, a new garbage service has been franchised.  All of the fees are in one account and they recommend an account for each payer. 

 

Segregation of accounting duties.  Records need to be separated from the cash received and recording.  They are recommending checks and balances on this.  Mr. De Mayo stated that he would like to discuss this and the debt covenant further with Mr. Stoddard. 

 

      C.  Presentation – CSEPP, Future System Governance, Funding.  Bi-County 450 MHA Communications Systems System Board.

 

Discussion:  Mr. Mike Roxbury

 

Mr. Roxbury announced that he is also fire chief of the Umatilla Fire District as well as the current chair of the board of directors that oversees the radio system.  This system is used by the Sheriff’s Office, Fire District, and Hospital District.  This is the radio system that CSEPP built for depot emergencies.  Within two years, the depot will be closed and federal funding for the system will be gone.  The question is to go back to the previous system or keep the as it is now and pay for it ourselves.  They need to figure out how to pay for the current system.  Everyone who uses the system will have to pay a fee.  Some of the smaller communities do not have funding for the fees.  It is estimated that it would cost $80,000 per year to keep the system.  They proposed a special district to operate and maintain the system which will cover all of Morrow and Umatilla Counties with the exception of Milton-Freewater.  Within the next month or two, a resolution of support will be presented stating that the City will agree to this.  It will have to be voted on in November.  This will generate a new tax of $.17 per $1,000, or $745,000 per year.  Under this proposal, the system will be county-owned and will be managed by a board of directors which will be elected. 

 

Mr. Roxbury explained the project.  They will try to get CSEPP to do upgrades before the system goes away.  This will be a new tax.  A resolution to maintain and fund the system should be available for approval at the next City Council meeting.

 

Mr. Paustian asked about FEMA subsidizing of some of the cost.  According to Mr. Roxbury, there would not FEMA assistance unless there is a major catastrophe such as Willow Creek Dam collapsing.  The government would like to be divested of all the improvements that have been done.  The present radio system will not be funded when the depot closes. 

 

Mr. Shawn Halsey stated that the 2013 is the narrow banding.  This will cut requirements.  According to Sgt Rayburn, he does not want to see the 450 system go away.  This will either have to go with the district of pay for it.  The reader boards will probably not be a part of this.  According to Sgt Rayburn, ODOT has been using the reader boards and may decide to use some of the signs.  Mrs. Spicer asked about the time lines—according to Mr. Halsey, they should hear in January whether the legislation is approved.  They look for approval in the November 2009 election.  They will start to collect revenue in November 2010.  The depot expects to close in Spring of 2010.  There are compression issues in some of the cities.  Heppner may experience some compression.  They are trying to get the resolutions in as soon as possible.

 

3.  CONSENT AGENDA

 

      A.  Minutes of City Council Meeting, November 20, 2008; Special Council Meeting, November 20, 2008.

 

      B.  Resolution No. 727-08, A Resolution Approving Accounts Payable for Payment.

 

      C.  Monthly Financial Statement.

 

      D.  Dickinson Chiropractic, new lease for property on May Street.

 

ACTION:

 

Motion by Mrs. Burleson to accept the minutes as presented and approve Resolution 727-08 and monthly financial statement.  Seconded by Mrs. Buschke.  Motion Carried.

 

Discussion:  Mrs. Spicer explained the changes to Mr. Dickenson’s lease.  The rent will not include property taxes.  The City will pay these taxes.  The issue of sub-leasing part of the office was specifically addressed.  The present sublease was accepted; however, Council approval will be needed if the sublease is changed.

 

Action:  Motion by Mrs. Buschke to approve the Dickenson lease.  Seconded by Mrs. Doherty.  Motion Carried.

 

4.  REPORTS

 

      A.  Fire Chief.  No report; Chief Estes was called out.

 

      B.  Morrow County Sheriff’s Department.  Sgt Rayburn reported that there were 391.25 hours total.  The report included other hours.  Last month, the narcotics team put in 8.5 hours.  Last Thursday, a subject was arrested for drug charges.  According to Sgt Rayburn, at times this information will not be included in the report if an action is ongoing.

 

      C.  Heppner Housing Authority.  Mrs. Buschke reported that the renovation project is moving forward.  The contractors are ahead of schedule.  There are some extra expenses of about $30,000 due to change orders.  The apartments that have been completed look very good.  The contractor is now working on the 10th apartment.  On of the biggest issues discussed was moving of the tenants and this is going very smoothly.  There are currently 16 units occupied and 3 vacancies.  These 3 units are needed for hospitality suites during the renovation.  There is a waiting list for occupancy.

 

      D.  Public Works.  Mr. Harmon reported that he is hoping that the tippage fees will be available by the next Council meeting.  They have already tentatively scheduled some of the work.  The golf course concerns have been worked through.  Mr. Harmon is excited about the next irrigation system.  The golf course and the City intent to come up with a successful plan.  Mrs. Doherty questioned the sprinkler heads.  According to Mr. Harmon, the groundskeeper needs to work on this. 

 

Mr. Bowles asked about auctioning the surplus property.  According to Mr. Harmon, this will be discussed by the Utilities Commission at their next meeting. 

 

      E.  City Manager.  Mayor Paustian welcomed Mr. De Mayo back from his tour of duty in Iraq.  Mr. De Mayo reported that the appeal period for the Robinson property has expired.  There were no comments during this time.  Mr. Robinson needs to finish the final plat before proceeding further.

 

5.  PUBLIC HEARINGS.  None.

 

6.  COUNCIL ACTION. 

 

      A.  OLD BUSINESS.

 

            1)  Results of Tippage Fee/Needs and & Issues Funding.  Mr. De Mayo reported that he has prepared a supplemental budget as required.  Since the required time for publication could not be met before the meeting, a special Council Meeting will be required.  The supplemental budget will put the tippage fees in a separate budget line.  This needs to be done quickly.  The meeting can be held anytime after December 11.  The meeting was scheduled for December 22, 2008 at 11:45 AM.  The total amount awarded is $66,000.

 

            2)  Snow Removal.  According to Mr. Paustian, snow removal is the property owner’s responsibility.  In the past, volunteers have been handling this with ATVs.  However, ATVs are no longer authorized.  Until another alternative is found, the property owners will be responsible for removing the snow.  Mr. Sykes asked about responsibility for snow removal for properties such as the alleyway on Willow Street.  This will be handled on a case-by-case basis.

 

According to Mrs. Spicer, City-owned equipment could be used if it was available.  City crews will be cleaning areas on City-owned property.  They will be using show shovels.  This information will be published in the Heppner Gazette.

 

            3)  Oregon Department of Corrections Agreement.  The agreement states that the City will be responsible for training and special equipment.  Individual contracts are drawn up for each job.  The contract will be valid until 2010. 

 

Action:  Motion by Mrs. Burleson to sign the contract on behalf of the City.  Seconded by Mrs. Doherty.  Motion Carried.

 

            4)  Mr. Paustian announced that the City gravel yard has been cleared by DEQ. 

 

      B.  NEW BUSINESS.

 

            1.  Resolution No. 728-08, A Resolution Canvassing the Results of the November 4, 2008 General Election for the Mayoral and City Council Positions and Declaring the Results.

 

Action:  Motion by Mrs. Burleson to approve Resolution No. 728, A Resolution Canvassing the Results of the November 4, 2008 General Election for the Mayoral and City Council Positions and Declaring the Results.  Seconded by Mrs.Doherty.  Motion Carried.

 

            2.  Resolution Creating a “Tippage Fee” Fund and A Supplemental Budget to Receive and Appropriate this Revenue.  This will be discussed at a Special Council Meeting.

 

7.  MINUTES OF COMMISSION MEETINGS.  Furnished for information only.

 

8.  REPORT FROM THE CITY ATTORNEY.  None.

 

9.  REPORT FROM MAYOR/CITY COUNCILORS. 

 

      A.  Mrs. Burleson reported that she has received a report on dogs on Chase Street by the cemetery.  These dogs have been causing trouble for walkers.  Sgt Rayburn stated that the county is working on an animal control district.  According to Mrs. Spicer, the City ordinance would cover this.  Sgt Rayburn asked if the City could form an animal control district.  Mrs. Spicer stated that the City could possibly join the County’s district.  There are five or six dogs running loose in town at this time and reportedly belong to some people named Jones.  According to Mrs. Robinson, the animal ordinance requires dogs to be on a leash.

 

      B.  The Housing Authority board has a vacancy to fill Archie Padberg’s position.  Mr. Paustian has discussed this with Paul Denlinger and he is agreeable to serve. 

 

Action:  Motion by Mrs. Buschke to appoint Mr. Denlinger to the Housing Authority to fill Mr. Padberg’s position.  Seconded by Mr. Lewis.  Motion Carried.

 

      C.  Signature authority for Bank of Eastern Oregon account.  Mr. Paustian stated that Mrs. Robinson’s replacement as signature authority needs to be appointed.  Also, Mr. Bogart needs to be deleted from the account and Mr. De Mayo re-appointed.  Mr. Bowles nominated Mrs. Doherty to replace Mrs. Robinson. 

 

Action:  Motion by Mrs. Buschke to appoint Mrs. Doherty to serve as signature authority on the BEO checking account to replace Mrs. Robinson and remove Mr. Bogart and re-appoint Mr. De Mayo.  Seconded by Mrs. Burleson.  Motion Carried.

 

10.  ADJOURNMENT.  Meeting adjourned at 8:45 PM.