MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, September 8, 2008

 

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

 

ATTENDEES:

 

Mayor, Les Paustian

Cindi Doherty

Kay Robinson

Judy Buschke

John Bowles

JoAnn Burleson (arrived at 7:40 PM)

Keith Lewis

Steve Bogart, City Manager

Rusty Estes, Heppner Fire Department

Ann Spicer, City Attorney

Sgt Randy Rayburn, Morrow County Sheriff’s Department (Left at 6:55 PM)

 

David Sykes, Heppner Gazette

Judy Eckman, City Treasurer

 

MEMBERS OF THE PUBLIC IN ATTENDANCE:

 

Samarra Van Doorn

Larry Sample

Sharon Sample

Randy Sample

Margaret Flaherty

 

1.  GENERAL BUSINESS

 

      A.  Call to Order.  The September 8, 2008 meeting of the City of 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.  None.

 

      D.  Correspondence. 

 

Mr. Bogart announced that members of the Council have attended the League of Oregon Cities Fall Conference in the past.  Flyers have been distributed to Council members; registration is still open and the conference is in Salem this year.  Funds are available to cover this if anyone is interested in attending.

 

      E.  Public Comment.  None.

 

2.  COMMUNICATIONS FROM THE PUBLIC.

 

      A.  Margaret Flaherty – Farmers Market in City Park.

 

Discussion:  Mrs. Flaherty reported that she is interested in the feasibility of a Farmers Market..  This would be a community function to be held in the City Park.  The Health Department does not require participants to have a food handler’s license if food is not being prepared.  She would like to check to see if posting fliers on vehicles in Heppner is permissable.  She suggested an item in the newsletter.  She also has questions about insurance concerns. 

 

Mrs. Spicer stated that Mrs. Flaherty has discussed this with her.  She suspects that the City liability insurance would not cover this and that the Farmer’s Market sponsors would have to cover this.  If garden produce and flowers are sold, a food handlers license is not required; however, if breads, preserves, etc., are sold, a food handler’s license would be required.  Mr. Paustian questioned whether out-of-town vendors would participate, and if peddler’s permits would need to be addressed for those people.

 

Mr. Bogart stated that in his previous experience in other areas, if this is not a City-sponsored event, no City regulations would be required.  In other areas, these events are City sponsored and regulated.  Mr. Bogart suggested holding such an activity every other week. 

 

Mr. Paustian suggested that Mrs. Flaherty research this further with other cities and provide information to the Council.  He would like the information provided prior to the Council meeting so that it could be included in the Council packets. 

 

Council members approved of investigating this.

 

Mrs. Spicer will research the flier question. 

 

3.  CONSENT AGENDA.

 

      A.  Minutes of City Council Meeting, August 11, 2008.

      B.  Resolution No. 722-08, A Resolution Approving Accounts Payable for Payment.

      C.  Monthly Financial Statement.

 

Discussion.  Mr. Bogart reported that the expense to Ace Consultants, Inc. is the final engineering bill for the water project.  All of these bills are paid and the remaining money in this fund will go towards water capital expenditures.  The bill to D&L was for the fire department and Public Works.  The large bill to Ferguson Surveying covers several project inspections:  Court Street, Morgan Street, and the Elder Street Bridge.

 

ACTION:

 

Motion by Mrs. Buschke to approve the consent agenda as presented.  Seconded by Mrs. Robinson.  Motion Carried.

 

4.  REPORTS

 

      A.  Fire Chief.  Chief Estes announced that August was a very busy month.  He reported the following:

 

      1 Secure Landing Zone

      1 Vehicle Fire

      1 Haystack Fire

      1 Wildland Fire inside City Limits

      1 Illegal Burn

      3 Wildland Lightning Strike Fires in District

      Condon asked for help-one engine sent twice

      1 Ione Fire

      12 Arson Fires in Ione, Arlington, and Boardman – two engines sent

      42 Chief Calls

 

      B.  Morrow County Sheriff’s Department

 

Sgt Rayburn was called out.  Mr. Paustian stated that the Police Commission has decided to change the report format and to include a verbal report.  Deputy Bowles asked if the report provided was acceptable to the Council.  Mr. Lewis stated that he would like a report of citations issued in the City since if they go to court, the City should receive part of the funds.  Mr. Paustian stated that the Council needs to know what activities are going on in the City as far as burglaries, juvenile problems, vandalism, etc.  He feels that a verbal report would be more informative.  Mr. Bowles will discuss this with Sgt Rayburn.  Additional hours in Heppner are reported.  Mr. Bowles stated that it is important to know what is going on during the hours that are reported.  Mr. Lewis stated that the Police Commission needs to discuss this further.  There have been issues on weekends.

 

With regard to the recent incident at Bucknums, Deputy Bowles stated that currently there are no leads or suspects.  This is under further investigation.

 

The vandalism at the Agriculture Museum involved five juveniles and they have been assigned community service.  Mr. Paustian feels that the activities should be outlined.  Mr. Bowles stated that he will discuss this further with Sgt Rayburn.

 

Deputy Bowles stated that several seat-belt citations have been issued.

 

Mr. Paustian stated that J-Turns are still a problem and could become a safety issue.

 

      C.  Heppner Housing Authority.

 

Discussion:  Mr. Buschke reported that the contract has been awarded to WC Construction in the amount of $599,998.  The contract will be signed this week.  The Notice to Proceed will be issued on September 22, 2008.  On that date, the contractor will be here and will meet with the tenants to explain the process.  Mrs. Buschke stated that the contractor is easy to work with.  Mr. Paustian will serve as the Owners Representative during the contract; the contractor will also have an on-site inspector.  The Notice to Proceed will allow the contractors to order materials such as cabinets and plumbing fixtures.  They will probably begin on the exterior shortly after the Notice to Proceed.  The project will take 6-8 months.  Mr. Harmon asked about window installation.  The contractor will be here on September 17 to measure the windows.  The process of installation is unknown.  According to Mr. Paustian, the sidewalk will be blocked during the process.

 

There are currently three vacancies.  One of these units has been rented and the tenant would like to move into the apartment at the end of September.  The hospitality suites will be prepared.  They would like to have the people be able to do some minor cooking in the suites, such as breakfast.  The tenants will be offered assistance for other meals.  It is estimated that it will take two weeks per apartment for completion.  The parking lot will be fenced and the contractor will rent storage for their materials.

 

      D.  Public Works.

 

Discussion:  Mr. Harmon reported that Dan Doyle will be laid off at the end of the month.  Mr. Doyle has been extremely dependable to work with and has done a very good job.  Mr. Harmon hopes to re-hire Mr. Doyle next spring.  Mr. Harmon expressed appreciation for Mr. Doyle’s work.

 

One Public Works employee has been selected by the principal of the high school to mentor a student.  The student will be working three hours a day and will receive credit for his work experience.  Robert Whalen will serve as the mentor. 

 

Mr. Bogart asked about the status of the telemetry system.  According to Mr. Harmon, this has been discussed.  Dale Bates, CenturyTel has researched the phone lines and this has helped.  This evening, there was another problem which was cleared in 15-20 minutes.  Mr. Bates has been very cooperative to work with.  They are still trying to track the actual problem which may be phone-related.  The system was not working properly during the hot weather and the Public Works crew was able to isolate the problems and get them under control.  There were no reported inconveniences to the citizens.

 

Council members stated that the park looks really good since the trees were trimmed/removed.  The remaining stumps will probably be ground down instead of removed.

 

      E.  City Managers Report.

 

Mr. Bogart reported the following:

 

Election Ballot Filed and approved.  There is one candidate for each of the five positions as outlined in the report.

 

St. Patrick’s Senior Apartments.  Reported by Mrs. Buschke.  There is a lot of paperwork that has been done.  There should be a contract and Notice to Proceed this week. 

 

Auditor’s Field Work.  The auditors have completed their work.  There will be some comments from the auditors on funding, i.e., short term loan on the water project.  The reduction in water revenues, i.e., reduction in consumption which affects revenues.  The method for receipting deposits will be commented on.  The Audit Report will be provided in December.

 

Secure Residential Treatment Facility.  They have met numerous times with a property owner (Kyle Robinson) and Lifeways to investigate land use and infrastructure issues.  There are no significant issues, but Lifeways has not made a final decision on property. 

 

County Needs and Issues.  Mr. Bogart has not had a report from the policy committee to the County Commissioners.  They may come back with different parameters.  The Council will do their evaluation tonight to answer internal issues.  This may not be finalized until the Commissioners have provided their policy objectives. 

 

Park Trees.  Two bucket trucks were provided by Columbia Basin along with employees and chain saws.  The work was done quickly and efficiently.  Six trees were trimmed and three were removed.  They were a tremendous help.  The County provided a chipper and personnel to remove all the trimmings.  Mr. Paustian recommended Thank You’s be sent to Columbia Basin and the County.  Mayor Paustian provided lunch for the crews. 

 

Bridge (Sperry Street) Project.  Mr. Bogart report that he met with Doug Wright, ODOT Project Liaison from La Grande who will provided the prospectus on the work.

 

Planning Issues.  Mr. Bogart stated that they have three potential applications for partitions and subdivisions.  Planning Commission members may be recruited.  Several formal members are willing to serve as long as they do not have to file ethics reports. 

 

Mr. Paustian complimented Mr. Bogart for his recent work.  He also thanked Mr. Harmon for the work he has done.  In turn, Mr. Harmon stated that the Public Works crew has done an excellent job in accomplishing their work.

 

5.  PUBLIC HEARINGS.  Public Hearing opened at 7:50 PM.

 

      A.  Ordinance No. 565-08, An Ordinance Vacating Ordinance No. 529-2000 That Allowed Operation of Class I and Class II ATV Upon City Streets in the City of Heppner, Morrow County, Oregon and Declaring an Emergency. 

 

Mr. Paustian read the ordinance which is to abolish the present ordinance.

 

No Comments.

 

Public Hearing Closed at 7:53 PM.

 

6.  COUNCIL ACTION.

 

      A.  OLD BUSINESS.

 

      1.  Approve Ordinance No. 565-08, An Ordinance Vacating ordinance No. 529-2000 That Allowed Operation of Class I and Class II ATV Upon City Streets in the City of Heppner, Morrow County, Oregon and Declaring an Emergency.

 

Discussion:  Mrs. Spicer read the ordinance in full to the Council.  Mr. Sykes inquired about snow-plowing the sidewalks and how this would be handled.  According to Mrs. Spicer, the City may purchase an ATV for this purpose.  Mr. Bogart inquired about a Special Use Permit for this.  According to Mrs. Spicer, this can be done under the statute. 

 

Action :  Motion by Mrs. Robinson to Adopt Ordinance No. 565-08, An Ordinance Vacating ordinance No. 529-2000 That Allowed Operation of Class I and Class II ATV Upon City Streets in the City of Heppner, Morrow County, Oregon and Declaring an Emergency.  Seconded by Mrs. Burleson.  Motion Carried.

 

      B.  NEW BUSINESS.

 

      1.  City of Heppner Projects considered for Needs and Issues Funding – 2008.

 

Discussion:  Mr. Bogart distributed a list of city of Heppner Projects Considered for Needs and Issues Funding for 2008.  The list contains thirteen projects which Mr. Bogart has requested that Council members review and rank as to priority.  The list has been reviewed previously by the Utilities Commission.  Mr. Paustian stated that under Item 8, Street Matching Funds for Grants – Sperry Street Bridge, the amount quoted was for matching funds for the project which is slated for 2012.  This amount would be allotted over four years. 

 

Mr. Bogart stated that there are three items to be taken into consideration when prioritizing the projects.  The first is a match requirement which makes for a stronger application, the second is the commitment for multiple years, the final item is the fact that other applicants from the area may also submit applications..  During the County budget deliberations, they were approached by the Heppner Day Care Center to continue their operations.  Budget committee members had indicated to Mr. Bogart that they were looking for an area-wide consideration.  Mr. Bogart stated that WCVEDG may also be making application. 

 

Mr. Paustian stated that at the County Budget Committee meeting, the Court set aside $500,000 to be distributed in the Needs and Issues.  They also formed a committee to re-write the policy as to how this is going to be distributed.  They have been meeting, and the final draft has not been distributed.  The final approval is the County Court. 

 

In answer to Fire Chief Mr. Estes’ question, Mr. Bogart explained that the list can be amended.  Mr. Estes stated that within two years, the City of Heppner Fire Department will need new fire turnouts.  This amounts to $1500 per man or a total of $30,000.  This is an OSHA requirement.  Mr. Bogart stated that it is important to include all needs in the list. 

 

Mr. Bogart would like the Council members to prioritize the list.  According to Mr. Harmon, the flow meter at the sewer plant is a high priority item and is required by DEQ.  The current flow meter is faulty.  TV’ing the Sewer Lines is another item that is a priority and was included in the City Council Goals for this year.  According to Mr. Harmon, this will help locate faulty lines and locate sewer lines under creeks, etc., i.e., Shobe Creek and Water Street.  The City does not have a very high water table.  This also would reduce manhours and costs for disinfection. 

 

Well and reservoir fencing.  Mr. Paustian stated that this is a federal mandate.  Three of the wells were fenced a gate installed at one of the wells.  Wells 1, 2, and 3 are now fenced.  Well 4 and 5 need to be fenced.  Well 1 and Well 3 and the gate at Well 2 cost $8,000. 

 

Reservoir 1 Master Meter.  This is a mandate from DHS.  All the wells are metered, but they need this information for chlorine application. 

 

Hager Park.  Mr. Paustian stated that there has been a lot of work done by committees throughout the town.  The Bank of Eastern Oregon and the Little League have expended quite a bit of time on this.  They would like to install a restroom and picnic shelter and $25,000 would help on this. 

 

Sperry Street Bridge Matching Funds.  This amounts to $82,000 to be accumulated over four years.

 

Sewer Line Replacement with ODOT Court Street Project.  According to Mr. Harmon, there is a strong possibility that this would be done by ODOT.  The City would provide materials.

 

Willow Street Foot Bridge.  This bridge is in bad shape and needs major repairs/replacement.  Mr. Paustian stated the bridge needs to be replaced.  Mr. Harmon suggested that the bridge in Heritage Plaza was donated by the Corps of Engineers.  This may be worth investigating.

 

Tennis Courts.  Mrs. Burleson stated that they would like to replace the fence with a backboard.  They would also like to purchase a ball machine.  The fence on the west side does not allow for doubles matches.  This needs to be moved if a team is ever planned for Heppner.  Mrs. Burleson has $600 available in donations.  To replace the tennis courts, it would cost $45,000 per court.  She would rank this as a last priority.  The school owns the tennis courts and they do not have funds available.  The school did replace the nets, but they have been damaged by vandals.  She would like this changed to $5,000 for a backboard.

 

Sidewalk match or trust.  There is approximately $10,000 in fund which could be used as a match.  This fund could be used as a loan fund for property owners to replace their sidewalks.  They would like to reserve $10,000 per year for a period of 4 years.  There is a huge need for sidewalk replacement throughout town.

 

Street Matching Funds for grants – Sperry Street Bridge.  Mr. Bogart recommends $10,000 per year for four years.  This, combined with City funds would allow for $80,000 for matching funds as required.  Mr. Bogart stated that in his experience the funding could be accelerated if the bridge fails.

 

Turn-Outs.  These will be needed within the next two years.

 

Council members prioritized their lists.

 

Mr. Harmon was asked whether TV’ing the sewer lines could be done cheaper if equipment was purchased.  Mr. Harmon has been checking on pricing.  Mr. Lewis asked if purchasing the City’s own equipment might be a better option.  According to Mr. Harmon, there could be a chance where several cities could coop on the equipment.  Condon, Fossil, and Heppner have shown an interest in this.

 

Mr. Bogart will consolidate the list using the input from the Council.  Mr. Paustian stated that what Heppner receives will depend on what the other cities in the County request.  The list will be dependent on items that are not City functions.  Mr. Paustian suggested publishing an article in the newspaper so that other communities can ask for their items.  There has not been an application date published by the court to date.  Mr. Bogart thinks this will go pretty quickly.  Mr. Bogart’s consolidated list will be incorporated into the minutes as an Attachment. 

 

Meeting recessed at 8:45 PM.

 

2.  Executive Session per ORS 192.660(1)(a) to discuss employment of an individual. 

 

Meeting reconvened and Adjourned to Executive Session.  8:50 PM.

 

Executive Session Concluded at 8:55 PM.

 

Action:  Motion by Mrs. Robinson to award the City Manager a new contract for the monthly amount requested:  $5400 salary plus $325.00 living allowance, for a total of $5725 per month.  Effective September 1, 2008 through November30, 2008.  There will be the opportunity to extend the contract for up to 60 days if necessary.  Seconded by Mrs. Doherty.  Motion Carried.

 

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

 

8.  REPORT FROM THE CITY ATTORNEY. 

 

Mrs. Spicer brought up the issue of Planning Commission membership.  The City is not obligated to have a Planning Commission.  The Council could make these decisions; however, ordinances would have to be amended.  She suggested finding a way for people to serve on a temporary basis.  There is a chairman still on board.  People who are in a position after April1 will not have to file ethics reports.  There are 7 positions on a Planning Commission.  To reduce the number of members would require an ordinance amendment of the number of members were changed.  According to Mr. Paustian, the ethics requirements may be changed by the State as far as ethics report filing.

 

9.  REPORT FROMMAYOR/CITY COUNCILORS. 

 

Mr. Paustian stated that the next quarterly ethics will be due in October.  Mrs. Spicer suggested that the City write a letter to the legislature outlining their concerns.  According to Mrs. Spicer there are only 120 days to act on Planning Commission actions.  The Council can fill vacancies on the Planning Commission with no notices, etc.  Members could be appointed temporarily if necessary.  This needs to be taken care of or addressed through changing the ordinances.  Mr. Paustian will talk to Jeff Bailey, lone Planning Commission member and chairman for his opinion.

 

10.  ADJOURNMENT.  Meeting adjourned at 9:15 PM.