MINUTES OF THE
ATTENDEES:
Mayor Tim Van Cleave
Interim City Manager,
Larry Mills
Council Members:
Judy Buschke
Tom Wolff
Cindi Doherty
Kay Robinson
Bruce Nelson, Public
Works Director
Bill Kuhn, City
Attorney
Heppner Gazette
Times, David Sykes
Members of the
Public:
Merry Brannon
Bill Ferguson,
Doug Dubuque
Dave Fowler, Planning
Commission Representative
Keri Robie
C.J. Johnson
Jerry Healy
Nate Arbogast
1. GENERAL BUSINESS.
A)
Call to Order. The
B) Pledge of Allegiance: Mayor Van Cleave led the Council members and attendees in the Pledge of Allegiance.
C) Announcements:
1) Mr. Mills reported additions on the agenda as follows:
a) E-mail, Ken Condit, Ace Consultants,
b) Memorandum, Kuhn & Spicer,
c) July 2005 Monthly Financial Statement
d) Minutes of Heppner Housing Authority,
e) Judge Tallman announced that the bill for the
race track was passed 56-3 by the house and 29-0 by the senate which allowed
D) Approval of the Minutes from the
Motion by Mr. Wolff to approve the
E) Report from Planning Commission –
F) Correspondence: None.
2. COMMUNICATIONS FROM THE PUBLIC
A) Oral communications from the public not on the agenda. None.
B) Willow Creek Water Park (M. Brannon) – Permit
for Loudspeaker use. Ms. Brannon has
submitted a request for permission for loudspeaker use at the water park. Ms. Brannon stated that users of the pool
have requested that music be played over the loudspeaker during pool
hours. She stated that in the past there
were issues on this from a resident in the area; however, this person is no
longer living in the area. The music
would only be played from
Motion by Mr. Wolff to allow use of the amplifying device for music subject to the City ordinance requirements and any complaints. Seconded by Mr. Koffler.
Discussion: According to Ms. Brannon, the music will not be used at night, and the choice of music and artists will be screened for profanity or vulgar music. Mr. Baker stated that he disagrees with having music at the pool and feels that there should be more discussion on this issue with the neighbors. Ms. Brannon stated that there are four speakers and an amplifier that they would use for playing CD’s. Mr. Koffler stated that some parents have asked if this could be a safety issue. According to Ms. Brannon they have found a volume setting that would be appropriate. Mr. Koffler agrees with Mr. Wolff that the permit should be issued, subject to registered complaints. Mr. Baker stated that he feels that the existing ordinance should be followed. He doesn’t see any need for a special action. According to Mr. Wolff, the ordinance calls for a special permit to operate a sound-amplifying device.
Question Called for: In favor: Mrs. Buschke, Mr. Wolff, Mr. Van Cleave, Mrs. Robinson, Mrs. Doherty, Mr. Koffler. Opposed: Mr. Baker. Motion Carried.
Ms. Brannon stated that she also had a concern about the parking for the pool. The County has installed a “No Parking” sign in the area where people have been parking. According to Mr. Mills, an area has been paved that allows parallel parking. Mrs. Brannon stated that this does not allow enough parking. Mr. Mills stated that his understanding is that the County has given the pool some parking in the area, but that the park district has to arrange for parking permission. Mrs. Johnson stated that the current parking is not satisfactory for people with small children. The parking area behind Tim Hedman’s shop is not satisfactory because of the dust. Mr. Koffler stated that he feels that Ms. Brannon should go back to the park board and request a parking lot. Judge Tallman stated that the County Court has made an agreement so that the area would be paved. This was done 3-4 years ago. He suggested talking to Burke O’Brien. Judge Tallman would like an agreement that this would be done by a specific date. Mr. Van Cleave wondered if the City could grade the area for temporary parking. Mr. Mills stated that the reasoning for this is that the sidewalks will eventually be installed.
C) Judge Tallman – Baker Morrow Agreement. Judge Tallman spoke on the Memorandum of
Understanding with Baker-Morrow. The
board has determined that all of the cities involved should sign off on this
when the counties are not contiguous. The
agreement is expected to be signed by all
Motion by Mr. Wolff to approve the proposed MOU with Baker-Morrow Partnership. Seconded by Mrs. Doherty.
Discussion: Mr. Baker asked if the funds being discussed
were State of
Question: Motion Carried Unanimously.
Needs and Issues: Judge Tallman outlined the program which is
the old
D) Water Project. Bill Ferguson,
Motion by Mr. Koffler to ratify the
Utility Commission’s recommendation to do
E) WindWave Franchise Agreement (Moved from Agenda item 8.E.
Nate Arbogast. Mr. Arbogast announced that he is in attendance at tonight’s meeting to discuss WindWave’s Franchise Agreement. A portion of the agreement is included in the Council packet (Ordinance 551-05). According to Mr. Mills, there seems to be some confusion over what the franchise fee includes, what gross revenues means, etc.
Mr. Arbogast thanked the Council for
allowing him to attend the meeting. When
the agreement was signed, WindWave understood that it was for
telecommunications revenue and gross revenue on telecommunications service as
part of their telecommunications network.
The first page of the franchise document includes specific definitions
for each of these items, i.e., Gross Revenues, Telecommunications, and
Telecommunications Network are all defined.
The confusion stems from the letter received from Mr. Kuhn which
indicated fees should be a percentage of everything that is received as gross
revenues. WindWave’s concern is that the
franchise agreement with the
The major concern with the term Gross Revenues and Telecommunications is that they don’t want put themselves at a competitive disadvantage in doing business locally. The key thing to remember is that they are competing with CenturyTel who only has to provide revenue on their local exchange services, i.e., telephone service. They currently do not pay any gross revenues or percentage to the city on internet services. WindWave wants to clarify that they are being treated equally and will not have to pay any fee on services that their competitor does not pay for. If CenturyTel was required to pay a fee on internet access under a new agreement, WindWave would be agreeable to paying that same percentage. As a small company, they would have difficulty paying the fees without the same resources as CenturyTel. Initially, this may not help the City, but future revenues are expected to increase.
Mr. Kuhn stated that he agrees with Mr. Arbogast, but the issue is internet services and does WindWave have to pay franchise fees on internet services. Mr. Kuhn added that today, he received a draft agreement from CenturyTel. They only want to pay on local access charges. He should have a report on this by next Council meeting. Either everyone will pay on internet services, or neither CenturyTel nor WindWave will be required to pay.
Mr. Koffler had asked Mr. Mills to
query the League of Oregon Cities as to how they looked at internet service,
and according to Mr. Mills, he has talked to Dave Barenberg who is the expert
in the League of Oregon Cities on franchises.
Mr. Barenberg has informed him that there was one pass at it by the City
of
Mr. Kuhn stated that he has also had several conversations with Mr. Barenberg. Mr. Barenberg stated that there is nothing wrong and he thinks that you can charge revenue services. Mr. Kuhn wants to consult with a specialist to see what can be done and how much trouble it is to do this. He will report at the next Council meeting. Mr. Koffler asked if CenturyTel’s franchise is up for renewal. According to Mr. Kuhn this agreement is up for renewal; six month’s notice was given in March 2005 that the ordinance is up for renewal in September. They want to pay fees on local access service, not internet.
According to Mr. Arbogast, the FCC
has ruled that all
Mr. Koffler stated that if it was up to him, he would like to instruct legal counsel to discontinue any effort to try to tax internet service. He feels too much time and effort have been expended already. He doesn’t think Heppner should be the one to start fighting this battle. Mr. Kuhn stated that he needs to investigate this further. Mr. Arbogast stated that he is in agreement with this.
Mr. Mills discussed the possible option of charging a per foot fee for right-of-way access.
Mr. Arbogast stated that he would be amenable to look at this option in the future.
Mr. Wolff asked what the option would be to shortening the CenturyTel franchise agreement to five years. Mr. Kuhn is not sure, but that WindWave is setting the precedent for this. Mr. Wolff stated that CBEC’s original agreement was to use the right-of-way and cover the cost of public lighting, not provide a revenue stream for the city. He wonder’s if WindWave’s agreement is to provide a revenue stream for the city. Mr. Mills stated that both he and Mr. Arbogast agree that they need some revenue for them to use the City’s right-of-way. He would like the Council to understand where Mr. Arbogast is coming from. Mr. Arbogast stated that WindWave ‘s goal is to provide telecommunications and provide a revenue stream to the city. This should be competitive , neutral, and non-discriminatory.
Mr. Van Cleave asked what the Council would like Mr. Kuhn to do on this issue. Mr. Koffler feels a final decision should be made next month. Council members were in agreement.
3. PUBLIC HEARINGS None Scheduled.
4. COUNCIL ACTION
A) OLCC, Liquor License renewals.
Discussion: Sgt Rayburn stated that there are no problems with any of the renewals. They are all existing licenses.
Motion by Mrs. Robinson to grant the renewals. Seconded by Mrs. Buschke. Motion Carried unanimously.
5. COMMUNICATIONS FROM THE COUNTY SHERIFF
REPRESENTATIVE.
A. Activity Report. Sgt Rayburn reported that they are 69.4 hours
over the amount they are supposed to have.
The police report is also attached.
Sgt Rayburn reported that
B) Police Commission. The cat problem in Heppner was discussed by the Commission and Irrigon’s ordinance was discussed by the membership. No action was taken since a quorum was not present. According to Mr. Mills, having an ordinance could cause other problems. Mr. Kuhn stated that cat owners could be fined. Mr. Van Cleave suggested that this be further discussed by the Police Commission for recommendation to the Council.
Sgt Rayburn stated that having another Council member on the Police Commission was discussed at the last meeting and Mrs. Robinson was suggested. Mr. Koffler felt having another private citizen as a member would be a better alternative. Mr. Wolff agrees with this. Mr. Van Cleave agreed to investigate this prior to the next Council meeting.
Mr. Mills discussed the issue of the
overflow water from the pool which is seeping under
C) Code Enforcements. Sgt Rayburn reported one action: The vacant house at 535 S. Court Street. There is a lot of dry grass and shrubbery around the house which is becoming a fire hazard.
Motion by Mr. Wolff to start code enforcement actions on the property at 535 S. Court Street. Seconded by Mrs. Buschke. Motion Carried Unanimously.
D) Additional Discussion. None.
6. COMMUNICATIONS FROM THE PUBLIC WORKS
DEPARTMENT.
A)
Activity Report. Mr. Nelson outlined
the items included in his report. The
water fountain on
Mr. Mills stated that there some
leaks which need to be cleaned up.
Nothing new on
Mr. Wolff stated that the Utility
Commission made the decision to have
B) Mr. Wolff asked about the
7. COMMUNICATIONS FROM THE
8. COMMUNICATIONS FROM THE
Comment: Mr. Koffler recommended that if there was anyone in the audience that had items for discussion that they be allowed to move their issues to the front of the agenda. Council agreed to this.
A) Flood Study. Mr. Mills stated that he has nothing new to report.
B) Paving of
Mr. Baker had questions on whether this was a city street. According to Mr. Mills and Mr. Dubuque, this is a city street. Mr. Dubuque has verified this through historical records at the court house.
Motion by Mr. Koffler to follow the recommendation of Public Works and the City Manager and pave the Main Street/Campbell way area. Seconded by Mrs. Robinson.
Discussion: The bridge damage has been settled with Miller and Sons.
Motion Carried unanimously.
Mr. Dubuque complimented Interim City Manager Mills on his work for the City and congratulated the Council on their selection of Mr. Mills.
Concerning the sidewalk issue, Mr.
Mills is investigating this.
C) Old pool destruction. According to Mr. Mills, tippage fees might be
available to pay for the finishing of the site and whether the council would be
agreeable to applying for funds for this.
The old pool cannot be covered with a concrete slab. According to Mr. Van Cleave, Council needs to
decide on what to do with the site. Mr.
Koffler feels that there should possibly be another public meeting to discuss
the disposition. He asked what else we
could apply for with the tippage fees.
Sidewalks to the new pool was suggested.
Mr. Baker stated that he feels that Heppner has enough parks. Mr. Koffler feels we should have several
alternatives for using tippage fees. Mrs.
Doherty asked what the cost for sidewalks would be and no one was sure. Mr. Koffler volunteered to write the Needs
and Issues request for the sidewalk.
Funds for finishing the old pool area could also be requested. Mr. Wolff added that he would like to see
sidewalks on
D) Disposal of Surplus Equipment. Mr. Mills stated that descriptions of the surplus property are needed. Mr. Nelson stated that he is working on this. Mr. Mills stated that new filing cabinets have been purchased for City Hall since more space is needed for files.
E) WindWave Franchise Agreement. Discussed earlier in the meeting.
F) Resolution No. _______, A Resolution Approving Accounts Payable for Payment. Motion by Mrs. Robinson to adopt Resolution No. 615-05 approving Accounts Payable for payment. Seconded by Mr. Koffler. Motion Carried unanimously.
Mr. Mills stated that regarding the bills for the water project funds, there is a delay on payments because once the payment request has been sent in, there are steps that need to be followed since the final issuing authority is the federal government. This month’s payment request has been sent in early to avoid delays.
G) June Financial Statement. According to Mr. Mills, the end of the year cash balance is pretty close to budget. The auditors will be her on September 14-15. Mr. Wolff has concerns on the water revenue and whether there will be enough new funds to pay the bonds. According to Mr. Mills there are not enough funds to make the payment this year. They are making efforts to ensure the project does not close until December so that the first payment will not be due until December 2006. In that period of time, with the money that is set aside, we should be all right. In answer to Mr. Wolff’s question, over the long term, adjustments may need to be made. Water usage is up in July and water loss is being cut down due to the new system. Mrs. Doherty added that the usage at the Forest Service building needs to be checked.
9. COMMUNICATIONS FROM
According to Mr. Koffler, progress has been made on Dr. Wenberg’s property. The wrecked car is gone; however, the two inoperable vehicles are still there, and a couch has been added.
10. COMMUNICATIONS FROM THE MAYOR/
A)
Revised time line for City Manager Recruitment and profile. According to Mr. Van Cleave, the City Council
will probably have to meet the week after Fair and Rodeo (August 22-26). Mr. Van Cleave stated that the candidate’s packets
will be sorted and ranked before they are forwarded to the City for review. Mrs. Doherty asked whether the resumes should
be sent to the City via
B) Heppner Housing Authority.
According to Mrs. Buschke, the July 21 meeting went well. The cooks for the Wednesday meal site have resigned. There are problems with CAPECO that precipitated this. Apparently there are problems with Eva Mabbot, the CAPECO administrator of the program. At this point, it is unknown whether there will be a meal on August 10. At the last meal site, two people from Milton Freewater were in attendance at the meal; however, they are not familiar with Heppner or the process. Mr. Koffler volunteered to investigate this further with the CAPECO board members.
Mrs. Buschke and Mrs. Dubuque have agreed to show the apartments and will hold an open house and tours during rodeo weekend. There are currently five vacancies.
Mrs. Schonbachler has volunteered to contact Merlin Robinson to see if she will be willing to write an article for the Ruralite magazine.
Mr. Mills recommended that in the future, the Housing Authority and City Council should consider smaller rent increases yearly, rather than having a large increase all at once.
Meeting adjourned at