MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, February 11, 2008

 

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

 

ATTENDEES:

 

Mayor, Les Paustian

Jo Ann Burleson

Kay Robinson

Cindi Doherty

Keith Lewis

Judy Buschke

John Bowles

Interim City Manager, Steve Bogart

 

Brian Harmon, Public Works Director

Sgt Randy Rayburn, MCSO

Rusty Estes, Heppner Fire Department

 

Ann Spicer, City Attorney

David Sykes, Heppner Gazette

Tami Malgesini, East Oregonian

 

MEMBERS OF THE PUBLIC IN ATTENDANCE:

 

Kristen Bowles

Samarra Van Doorn

Larry Sample

Sharon Sample

Terry Corbin

Denise Williams

Rebecca Harmon

Sharon Robinson

Ryan Miller

Joe Miller

Elizabeth Ballard

Jeff Bailey

Eric Patton

Latasha Bowles

 

 

1.  GENERAL BUSINESS.

 

 

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

 

    C.  Announcements.  None.

 

    D.  Correspondence.  None.

 

Mr. Paustian announced that a Public Information meeting concerning the Long-Term Withdrawal of Irrigation Water from the Willow Creek Project will be held at the Morrow County Fairgrounds on February 19, 2008, from 6:00-9:00 PM.  The meeting will be conducted by the US Army Corps of Engineers, Portland District.  Mr. Paustian encouraged people to attend the meeting.

 

 

3.  CONSENT AGENDA.

 

    B.  Resolution No. 700-08, A Resolution Approving Accounts Payable for Payment.

    C.  Monthly Financial Statement.

 

    ACTION:

 

Motion by Mrs. Burleson to approve the Consent Agenda as presented.  Seconded by Mrs. Doherty.  Motion Carried.

 

4.  REPORTS

 

Chief Estes reported the following activities for the month of January 2008.

 

    5 Motor Vehicle Accidents

    1 Wildland Fire

    1 Structure Fire

    1 Flue Fire

    1 Car Fire

    1 Alarm at St. Patrick’s Sr. Ctr.  (cooking alarm)

    1 Mutual Aid to Lexington

    21 Chief Calls

 

Mr. Paustian presented an award to Chief Estes to show the appreciation of Mr. Jim Nelson of Lexington for the assistance provided by the Volunteer Fire Department.

 

    B.  Morrow County Sheriff’s Department.

 

Sgt. Rayburn reported the following.  Activity reports are provided in the packets.  The hours for January were 427.75.  Deputy Braun is currently attending the academy and Deputy Adams will attend the academy in March.  Deputy Wilson will be rotated to Heppner during this time.

 

    C.  Planning Commission.

 

Mr. Bailey, Planning Commission Chairman, reported that the Planning Commission met on February 4, 2008.  A Chairman and Vice-Chairman for 2008 were elected.  Mr. Bailey was elected as Chairman, and Mr. Fowler will serve as Vice-Chairman.  Mr. Bailey was appointed to fill Vacant Position No. 4; Vacant Position No. 3 is still open.  

 

A Public Hearing was held to consider an application for a minor partition for Tax Lot 3600, Map2S 26 27DB, 310/320 West Church Street, City of Heppner.  The application was approved subject to City Zoning Criteria, Survey and Setback requirements.  

 

The City’s Transportation System Plan was discussed.

 

A representative from DLCD will be in attendance at the March 3 Planning Commission meeting.

 

    D.  Housing Authority.

 

Mrs. Buschke reported that she met with Darlee Rex and Martha Peck Andrews last week.  Mrs. Andrews inspected the roof to investigate what needed to be done around the roof and also the possibility to change the water heating system—possibly solar panels.  Mrs. Andrews has a tentative plan for the renovation.  The plan contains items that the tenants have requested.  A lot of detail work will be required in order to get the project started.

 

There are two vacancies and one tentative vacancy.  There is a potential tenant that is interested in moving into the center.  

 

Mrs. Buschke discussed the rents for the tenants with Mrs. Rex and feels that the tenants will be pleased.

 

Mr. Paustian reported that a potential meeting with Cascade Management was discussed since they will not be situated in Heppner.  Details of the management company’s function need to be discussed.  The Housing Authority is working on this.  Mr. Bogart reported that Mrs. Rex’s monthly report was received this afternoon and is included in the information distributed.

 

    E.  Public Works.  

 

Mr. Harmon reported that the Supplemental Environmental Project (SEP) is not included in the packet since he was still working on the details with DEQ.  A copy is available for information if requested.  Any future violations will be a fine.  Public Works will need to monitor very carefully, since the cost for violations goes up each time.  The SEP is basically a community service project.  

 

The sewer plant upgrade is currently at a “stand-still” due to the recent bad weather.  It should be on track by the end of the week.  Public Works has been working removing the rock from the streets.  They are also working on changing meters and working on other water projects.  A busy spring and summer is expected.

 

The biosolids report has been completed.  

 

Mrs. Spicer thanked Mr. Harmon for the work Public Works did at the park and library during the recent bad weather.  

 

    F.  City Manager’s Report.  

 

Mr. Bogart reported the following items:

 

    1)  The water right for Well 5 has been filed and should be issued in March.

 

    2)  He has received a sample agreement from Cascade Management for St. Patrick’s Senior Apartments for review.

 

    3)  The City has received a Small Cities Allotment grant from ODOT.  This is a $25,000 grant that will be spent on Morgan Street.  The City will have to cover any charges over $25,000.  The agreement is listed on the agenda for approval.  

 

    4)  The North East Area Commission on Transportation (NEACT) is requesting that the cities identify projects for additional funding.  Three projects have been identified—funding totals are at least $1.1 million.  The City of Heppner no longer has projects in its Transportation System Plan (TSP).  Our projects need to be identified by the next Utilities Commission meeting.  There are two bridge projects, i.e., Sperry and Elder Streets.

 

    5) Corps of Engineers funding for a restroom for Hager Park.  With regard to funding from the Corps, they are unable to assist with this since the potential location is city property.  Mr. Bogart is investigating other possible funding sources for this.  

 

    6)  Mr. Bogart’s contract with the City needs to be revised and a revision should be ready for discussion at the next Council meeting.

 

    7)  Mr. Bogart identified his projected absences for the next few months.  

 

6.  PUBLIC HEARINGS

 

Public Hearing opened at 7:15 PM.

 

Mr. Bogart explained that this action is a result of an action that the City took several years ago that was not complete.  Mrs. Spicer stated that the alley under discussion is a result of the fact that property owned by the Spicer/Kuhns was deeded to Mr. Breazeale for a location to build a garage and shop.  The County was not satisfied with the legal description of the property and the Ordinance under discussion corrects the legal description contained in Ordinance 553-05.  A portion of the alley at the end of the lot is being vacated by this revision.  City utilities are not affected.  

 

Mr. Bogart read the draft ordinance in full and again by title as required by Oregon statutes.  

 

Additional comments:  Mr. Bogart stated that the additional costs for recording the amendment will be paid by the property owners (Breazeales).  

 

Public Hearing closed at 7:20 PM.

 

7.  COUNCIL ACTION.

 

 

 

 

City Attorney Spicer administered the Oath of Office to John Bowles to serve in Position 4 which was vacated by George Koffler.  Mr. Bowles term will expire on December 31, 2008.  Should Mr. Bowles wish to continue in the position after that, he will have to file for election in the fall general election.

 

Discussion:  Mr. Bogart stated that this position was advertised and there were two applicants.  All Council members were polled for their approval.  Mr. Paustian informed the Council that there will be four positions expiring in 2008.  

 

    2)  Ratify appointment of Jeff Bailey to Planning Commission Position No. 4, Term January 1, 2008 –December 31, 2011; consider applicant for Position 3.

 

Action:  Motion by Mrs. Burleson to accept the appointment of Jeff Bailey to Planning Commission Position No. 4.  Seconded by Mrs. Buschke.  Motion Carried.

 

Discussion:  Mr. Bogart informed the Council that Position 3 is still vacant pending receipt of an application.

 

    3)  Adopt Resolution No. 701-08, A Resolution Authorizing a Loan from the General Fund to Water System Improvement Fund.

 

Discussion:  Mr. Bogart stated that this is to cover the settlement with Moore Excavation.  This is a short term loan from the General Fund.  The $58,000 is the retainage that was held out and was part of the negotiated settlement.  As soon as there is a payment from the State of Oregon for the balance of those water system funds, the loan will be repaid.  This should occur within the current fiscal year.

 

Action:  Motion by Mrs. Buschke to Adopt Resolution No. 701-08, A Resolution Authorizing a Loan from the General Fund to Water System Improvement Fund.  Seconded by Mrs. Doherty.  Motion Carried.

 

    4)  Adopt Resolution No. 702-08, A Resolution Authorizing and Making a Transfer from the City of Heppner General Fund Contingency to the General Fund Legal Fees Expenditure Line.

 

Discussion:  Mr. Bogart explained that this authorizes the expenditure of the funds formally as part of the Moore settlement.  This is a requirement for the accountants.

 

Action:  Motion by Mrs. Doherty to Adopt Resolution No. 702-08, a Resolution Authorizing and Making a Transfer from the City of Heppner General Fund Contingency to the General Fund Legal Fees Expenditure Line.  Seconded by Mrs. Robinson.

 

    5)  Heppner Garbage Disposal Rates.

 

Discussion:  Mrs. Spicer explained to the Council that in addition to the garbage disposal rates, several items in the Ordinance needs to be looked at:

 

    a.  The franchisee needs to be renamed.

    b.  The current ordinance does not state where receptacles have to be placed for pickup.  The current franchise allows the local franchisee to pick up garbage from places other than curbside.  In particular, there needs to be a recommendation of how to handle the garbage cans left out on the curb after pickup.  A time frame for container removal is recommended.    

    c.  The size of containers needs to be defined.  The 32 gallon containers are not the wheeled containers which are 45 gallon containers.  

    d.  If service is provided for seniors and disabled persons, other than curbside.

    e.  If service is not provided on the date stated, they need to know how long the Council wants to wait before calling another service to take care of the pickups.  Should this come out of the performance bond?  

    f.  A discount for low income citizens needs to be identified, and how to define a low income individual.    

    g.  If containers have to be replaced in order to meet requirements, who will be responsible for this?

    h.  A recycle program needs to be addressed.  It is required by the current franchise, but has never been put into effect.  

 

Ryan Miller briefed the Council on several items:

 

    a.  Name Change.  The franchise will be changed to reflect the name change from Heppner Garbage Service.

 

    b.  Curbside Service.  He does not necessarily want to require curbside service.  He has discussed this with Mr. Bogart.  By the end of 2011 Miller & Sons will decide to go forward with curbside service.  This is an insurance concern for his employees.  At this time, he is not requiring the service, but intends to gradually introduce the service to Heppner.  

 

    c.  Price Increase.  The previous owner’s rates were not consistent.  There are two rates for 32 gallon or 45 gallon cans, which is a customer choice.  Currently they do charge more for a 45 gallon can.  The 32 gallon can rate was adopted from Heppner Garbage.  As far as the price differences for senior citizens and disabled persons, he agrees to match anything that the City does on this issue on an individual basis.  Mr. Miller does not intend to honor bills prepaid to the franchisee for Heppner Garbage Service.  Any reimbursement to these customers will have to be made by Heppner Garbage Service.

 

Mr. Miller will use the 32 gallon container rate.  Currently Mr. Miller would like to charge $11.00 vs. the previous rate of $10.80.  If there are additional containers, the charge would be $1.50 per week for pickup for this service as required.  If there are regularly two cans, the monthly charge would be $16.00.  The proposed rate of $21.00 can be discounted by $2.50 per week for curbside pickup.  This additional charge will be annotated on the bills.  He intends to send out notices with the February billing.  Mr. Miller bills every month.  In answer to Mrs. Burleson’s question, people do not need to call unless they are being out of town for extended periods.  

 

    d.  Service.  If service is interrupted, Mr. Miller does not intend to have this happen.  However, if there is a problem, his bond would guarantee payment for a substitute.  There have been some delays in service due to the recent bad weather.

 

    e.  Replacing Containers.  This will come with required curbside service, if and when Miller’s purchases a truck to handle curbside cans.  At the present time owners may use their own equipment as long as it is 18 lbs empty and 60 lbs full.

 

    f.  Recycle Process.  Mr. Miller has been dealing with the County and DEQ on this issue.  He has been in touch with Mr. Schwarzin to possibly purchase his cardboard recycling equipment.  He has not discussed aluminum cans at this time.  

 

    g.  Roll-off Truck.  This is not an issue at this time.  However, Mr. Bogart feels the pricing should be included in the agreement.  

 

Mr. Bogart stated that one thing that is included in the ordinance is that customers should provide safe access to their containers.  

 

According to Mr. Paustian, the original franchise was written in the early 1990’s and should be re-written since the provider has changed.  Mr. Paustian would like a special meeting with the Council, City Attorney, and Miller’s at a later date.  Mrs. Spicer has a concern about can size.  Mr. Miller would like the franchise agreement to contain information on can size, i.e., 45 gallon cans are allowed as long as they are within the weight limit.

 

    6)  Schedule Goal Setting Session.  Mr. Bogart stated that in the past, goal setting sessions were held at CBEC.  Mr. Paustian stated that the goals for the next year should be realistic.  Last year’s goals were prioritized.  Mr. Bogart would like to note that the projects that were submitted to NEACT were not reflected in the City’s Strategic Plan and Transportation System Plan.  

 

Council members agreed to hold the Goal Setting Session on Tuesday, March 18, 2008, at City Hall from 12:00 – 4:00 PM.  Lunch will be provided.  Reminder notices will be sent out.

 

    7)  Approve 2008 Special City Allotment Project Agreement.  This is for the Morgan Street project.  According to Mr. Paustian, this is a carry-over of the original project and has to be done on Morgan Street.  According to Mr. Harmon, this will need to be investigated further as far as funding.

 

Action:  Motion by Mrs. Doherty to approve signing the 2008 Special City Allotment Project Agreement.  Seconded by Mrs. Robinson.  Motion Carried.

 

    8)  Computer Maintenance Agreement with Pat Struthers.  According to Mr. Bogart there has not been a formal agreement with Mr. Struthers.  The agreement has been drafted by Mr. Struthers’ Attorney.  Mrs. Buschke asked if Mr. Struthers was the only person in Heppner that does this type of work and has he been doing work for the City in the past.  Mr. Bogart stated that Mr. Struthers has been doing the work for the City as required, and has been responsive to the City’s needs.  Mr. Bogart would like to use Mr. Struthers for technical assistance with the new Utility Billing System installation  

 

Action:  Motion by Mrs. Doherty to approve the Computer Maintenance Agreement with Pat Struthers.  Seconded by Mrs. Burleson.

 

In Favor:  Lewis, Burleson, Paustian, Robinson, Doherty, Bowles

Opposed:  Buschke

Motion Carried.

 

    9)  Approve Extension of the Fire District Contract with the City of Heppner.  According to Mr.Estes, this is the City of Heppner Fire Department.  They contract with the Rural Fire District to go outside the City limits.

 

Action:  Motion by Mrs. Robinson to extend the contract between the City of Heppner and the City of Heppner Fire District.  Seconded by Mr. Bowles.

 

 

 

8.  REPORT FROM THE CITY ATTORNEY.

 

9.  REPORT FROM MAYOR/CITY COUNCILORS.

 

Mayor Paustian congratulated Mr. Bowles on his appointment to the City Council.  The St. Patrick’s committee is meeting on February 12, 2008 at 7:00 PM at City Hall.  

 

Mayor Paustian encouraged participation by citizens for membership in the various commissions and other City activities.  Additionally, volunteers are needed for the St. Patrick’s celebration.