MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, January 9, 1006

ATTENDEES:

Mayor Tim Van Cleave (Arrived at 8:15 PM)

City Manager, Dave DeMayo

Kay Robinson

Judy Buschke

Cindy Doherty, Council Chairman

George Koffler

Glenn Baker

Tom Wolff

Rusty Estes, Heppner Fire Department

Bruce Nelson, Chief, Public Works

Bill Kuhn, City Attorney

Sgt Randy Rayburn, MCSD

David Sykes, Heppner Gazette

Members of the Public:

Burke O’Brien, Morrow County Public Works

Terry Tallman, Morrow County Judge

NOTE: DUE TO ABSENCE OF MAYOR VAN CLEAVE UNTIL LATER IN THE MEETING, SOME OF THE AGENDA ITEMS ARE OUT OF SEQUENCE.

1. GENERAL BUSINESS.

A. Call to Order: The January 9, 2006 meeting of the Heppner City Council was called to order at 7:00 PM by Chairman Cindy Doherty.

B. Pledge of Allegiance: Mrs. Doherty led attendees in the Pledge of Allegiance to the Flag.

C. Announcements:

1) Mrs. Doherty announced that Mayor Van Cleave’s arrival will be delayed. Until he is present, Chairman Doherty will chair the meeting.

D. Correspondence:

Two items of correspondence were presented to the Council:

1) Letter, December 1, 2005, Portland State University, Preliminary Population Estimate. Mr. DeMayo stated that the 2005 population estimate for the City of Heppner is 1420.

2) Letter, December 20, 2005, City of Heppner, UGB Hearings. Mr. DeMayo stated that this letter had been sent to all Planning Commission members scheduling the dates of the hearings. These hearings will be joint hearings with the County Planning Commission and the City Planning Commission.

2. COMMUNICATIONS FROM THE PUBLIC NOT ON THE AGENDA. None.

3. CONSENT AGENDA.

A. Minutes of City Council Meeting, December 12, 2005.

B. Resolution No. 623-06, A Resolution Approving Accounts Payable for Payment

C. Monthly Financial Statement.

The following correction was made to the December12, 2005 minutes. Page 3, Para 7, B, 5, last sentence should read “Mr. Baker prefers the shortest tenure that will allow a concessionaire to perform his duties.”

Mr. Wolff questioned two items on the bills: Lexington Pump – This was for installation of a new lift pump at the sewer plant; Oregon Department of Justice.

Motion by Mr. Wolff to approve the Consent Agenda as presented, to include the corrected minutes. Seconded by Mrs. Robinson. Motion Carried unanimously.

4. REPORT FROM THE FIRE CHIEF

Chief Estes reported that tonight’s drill will be to go through the new dental office. The pump and rescue vehicle is being repaired by Ken Bailey. The cost will be approximately $4,000; one-half of this will be billed to the Rural Fire District. The old Gazette Building was being worked on last weekend, and by next weekend, destruction should be completed. There have been two structure fires so far this year.

5. REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE

A. Activity Report. Sgt Rayburn reported that they were 871.9 hours over contract hours for the year end. This figure reflects 7 months under the contract.

B. Code Enforcements.

Sgt Rayburn reported two new properties: Brosnan property on N. Chase & Center Streets, and a broken down vehicle at 340 Union Street.

NOTE: At this point in the meeting, actions listed in the Public Hearings portion of the agenda were discussed (7:12 PM)

Deputy Rayburn reported that there has been no progress on the property at 440 Water Street. This action was extended for an additional 30 days at the December Council meeting.

515 Cowins Street has been cleaned up; the remainder of the properties need Council action.

Mr. Wolff reported that the Cadillac at 510 Cowins has Washington license plates, flat tires, and a For Sale sign on the vehicle.

Mrs. Doherty reported that the Mercedes at the Forest Service building has different license plates. Sgt. Rayburn will check this.

Mr. Wolff reported that although the vehicle was moved at 415 Gale Street, the garbage is still on the property.

Public Hearings closed at 7:15 PM.

10. COUNCIL ACTION.

The following Council Actions for property cleanup were proposed:

A. Resolution No. 624-06, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property, 510 Cowins Street, Map 2S 26 35CA, Tax Lot 3300 (Wilderness Ventures).

B. Resolution No. 625-06, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property, 415 Gale Street, Map #2S 26 35CA, Tax Lot 11100 (MacTavish)

C. Resolution No. 626-06, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property, 440 Water Street, 2S 26 27DD, Tax Lot #2500 (Monahan).

D. Resolution No. 627-06, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property, 415 Cowins Street, Map #2S 26 35CA, Lax Lot 1400 (Garrett).

Motion by Mrs. Robinson to move forward on the first step of Code Enforcement action on the properties located at 315 S. Chase and 340 W. Union, and follow-up with the second stage of enforcement on properties, A, B, C, and D. Seconded by Mr. Wolff. Motion Carried

unanimously.

Mr. Koffler recommended that MCSD investigate the property on the Northeast corner of Quaid and Main Streets.

E. Resolution No. 628-06, A Resolution Ratifying Appointments to City Committees, Boards, Commissions, and Positions.

According to Mr. DeMayo, these appointments are for those positions which expired at the end of 2005.

Motion by Mr. Koffler to approve Resolution 628-06, A Resolution Ratifying Appointments to City Committees, Boards, Commissions, and Positions. Seconded by Mr. Baker. Motion Carried.

F. Election of Chairman of the Council.

Motion by Mr. Wolff to appoint Mrs. Doherty as Chairman for an additional year. Seconded by Mr. Baker. Motion Carried.

7. REPORT FROM THE PLANNING COMMISSION.

Mr. Wolff questioned whether David Allen had been compensated for the preliminary report on the UGB issue. According to Judge Tallman, Mr. Allen was told that he could not submit the bill for this until the report was completed.

8. REPORT FROM HEPPNER HOUSING AUTHORITY.

Mrs. Buschke reported that the Housing Authority did not hold a meeting in December. There are three vacancies in the Senior Center. There are two apartments that are leaking. A roofing specialist from Palmer Roofing in Hermiston will be in Heppner on January 12 to perform an inspection (weather permitting). The leak in Mrs. Struthers’ unit is very bad and she has been moved into another unit temporarily, and Bill French’s apartment is leaking. Sylvia McDaniels has relocated to the Assisted Living facility. There has been one application for the position of apartment manager. Mr. Gunderson will continue to handle maintenance issues while the additional manager will take care of public relations, i.e., showing units to potential tenants.

11. MINUTES OF COMMISSION MEETINGS.

These are furnished for information only. Mr. DeMayo stated that in response to Mr. Wolff’s inquiry about the pile of dirt on Morrow Street, he has inspected the area and there is no danger of erosion.

12. REPORT FROM THE PUBLIC WORKS DEPARTMENT.

A. Activity Report. Mr. Koffler stated that he had noticed some improvement in the loss of water and asked if this will be a continuing trend. Mr. Nelson stated that this month should be a good indicator of what will happen in the future. He explained that Reservoir 1 had been overflowing which caused a higher water loss. Council members agreed that they would like the reports to the Council continued. Mr. Koffler suggested that the Utility Commission monitor these reports and report to the Council. Mr. Wolff continues to have concerns about the water loss since there is a new water distribution system in place

There is a full Public Works staff on duty.

13. REPORT FROM THE CITY MANAGER.

Mr. DeMayo reported the following:

A. The City Attorney is working on the CenturyTel franchise renewal. WindWave would like to continue the Heppner TV franchise as-is. According to Mr. Kuhn, there are questions on the wireless service. He stated that by the February Council meeting he will have further details on the agreement with CenturyTel. He explained what some of the other cities are doing with telecommunications franchises as far as rental feet in the right of way. He will provide a full report on the Heppner TV franchise at the next Council meeting.

Mr. Kuhn stated that he is fairly satisfied with the Heppner TV ordinance. Mr. Koffler stated that he has a concern with the TV franchise in that if they decide to deliver more services over the regular TV lines that the City would have an opportunity to benefit from this. Mr. Kuhn will explore this further with Mr. Arbogast of WindWave.

B. Court Street Project. Things are proceeding. Serious consideration is being given to include this in the STIP. Mr. Wolff inquired about the survey stakes in the area. According to Mr. Nelson, these are locating stakes.

C. On the re-claimed water plan, Oregon DEQ has cited the city for being out of compliance. The situation is being investigated.

D. Senior Center Roof. Mr. DeMayo has discussed warrantees on the present roof with Palmer Roofing. There are two estimates: One for $45,000 and one for $49,000, depending on the warranty. Mr. Wolff wondered if it would be better to install a pitched roof on the building. According to Mr. Nelson, the present roof has a number of leaks. The warranty on the present roof was questioned. Mr. Kuhn will investigate this since Council members felt it had a twenty year warranty.

Mr. Koffler asked Mr. DeMayo about refinancing the building. Mr. DeMayo stated that he is working on preparing information for this. Mr. Koffler asked how quickly a decision can be made on this. According to Mr. DeMayo, he is trying to see if temporary repairs can be done until a final decision can be made. On the masonry, the mortar is deteriorating and needs to be repaired. Mr. Koffler would like Mr. DeMayo to discuss options for a new roof; i.e., trussed roof.

AT THIS POINT MAYOR VAN CLEAVE ARRIVED. THE PORTION OF THE MEETING DEVOTED TO MORROW COUNTY COURT REPRESENTATIVE IS INSERTED.

6. MORROW COUNTY COURT REPRESENTATIVE.

Mr. Van Cleave stated that he had talked to Judge Tallman regarding Riverside Avenue, Fuller Canyon Road, and Spruce Lane being deeded to the City by the County. Although an agreement was apparently made to do this, nothing was ever proposed to the City Council. Judge Tallman stated that he wants the City to know that they appreciate the fact that the City is willing to discuss this in order to maintain a good relationship between both entities. He thanked the City for this.

Mr. O’Brien, questioned whether the City Council had ever seen the original prospectus for the Riverside project. The entire scope of the original project was $1,166,220. This figure included sidewalks, a bridge, etc. The only thing that the County asked was to include the sidewalks in front of the courthouse. It seemed that the transfer of the streets was a small issue. According to Mr. O’Brien, the County felt that by bringing these streets up to a good standard, they were not giving the City a bad debt and were helping the city take care of a bad debt which was the existing Riverside Street. Somewhere along the line, the sidewalk issue fell through. The County has no intention of turning the Fuller Canyon bridge over to the City for a liability. This bridge is an HBRR program which is Highway Bridge Replacement Requirements and is an access to the remainder of Fuller Canyon Road.

According to Mr. O’Brien, the real benefit of transferring the roads to the City is that the City would end up with a connective street system. Maintenance issues should be almost non-existent. The County has no intention of not helping the City.

However, the agreement between the County and the City was never put in writing. Mr. O’Brien stated that he is sorry that there wasn’t a recording of the meetings on subject. Mr. Baker asked who from the City of Heppner committed the City to take on Riverside and did they have the authority to do so. According to Mr. O’Brien, this was verbally agreed to by the City of Heppner representatives. He furnished a copy of the prospectus that the County used on the project. Mr. Wolff asked what the transfer includes. According to Mr. O’Brien it includes transfer of title and maintenance of the subject streets; on a map they would be shown as City Streets and City authority over these streets for maintenance. According to Mr. Koffler, the City was concerned about taking title to streets outside the city limits. According to Mr. O’Brien, the streets are in the UGB. There is only one way that the streets can be transferred, and that is if the City accepts them. He feels the subject streets are as good as they are ever going to be. He does not feel this would be a detriment to the City. Mr. Koffler asked about Spruce Lane. According to Mr. O’Brien, this was repaired last year. He stated that the hillside isn’t going to give way. This problem is not on Spruce Lane, but on Morgan Street. Mr. Koffler asked Mr. DeMayo about his discussions with the former City Manager concerning the project. According to Mr. DeMayo, the former City Manager admitted discussing this issue, but that nothing was ever finalized.

Judge Tallman stated that originally the City and County had agreed that the project could be done. According to Mr. O’Brien, after meeting with Doug Ferguson, Monte Grove, ODOT, Mr. Breazeale, and Mr. Jepsen it was agreed that the County would do the project and that upon completion the City would assume the portion of the roads being discussed. The sidewalks were not included in the project. Additionally, the Court Street sidewalk was not done.

Mr. Wolff asked what the City had put into the project. According to Council members, the City had no expenditures since the sidewalk portion of the project went away. Mr. Koffler asked if legally there would be a problem with the City taking over the maintenance of the roads. Mr. Kuhn stated that there isn’t a legal problem. Mr. Van Cleave stated that since most of the work on Riverside was performed by the County, assumption of maintenance on the road would be the prudent thing to do. Judge Tallman reiterated that in the future, any such agreements would be in writing. He feels that both the City and County got a good deal.

Motion by Mr. Koffler to move ahead with a public hearing on accepting these small roadways into the City’s care, and take title to them. Seconded by Mr. Wolff.

In Favor – Council members Buschke, Wolff, Koffler, Doherty, Van Cleave

Against – Council members Baker and Robinson

Motion Carried.

13. REPORT FROM THE CITY MANAGER (continued)

E. Mr. DeMayo reported that the window at the former dental office has been replaced. The stair rail still needs to be repaired.

F. The street light installation on Baltimore and Main Streets would benefit all the businesses and residents in the area. Funds are available. The cost is approximately $300.00.

G. Cycle Oregon is coming. Mr. DeMayo would like bicycle racks installed around town. He feels this would encourage other bicyclists to come into town. The approximate cost for four 5-bike slots would be $1,000.00. He also feels that renting tent spaces for camping would be a good idea.

Motion by Mrs. Robinson to approve installation of the street light and spend up to $1,000.00 on bike racks. Seconded by Mr. Koffler. Motion Carried unanimously.

H. Senior Center. In his report, Mr. DeMayo proposed a $.25 fill-up fee for each tank of gas. The expenses and revenue for the senior center so far this year is only $2,000. A resident had paid ahead on rent this year, otherwise, the expenses would have exceeded the income. With the expectation of a roof installation of $49,000 plus mortar repairs, the problem needs to be addressed. Mr. Wolff asked how many of the expenses are administrative charges from the City. According to Mr. DeMayo, the majority of charges are on-going, i.e., sewer, water, insurance, electricity, etc. Mr. DeMayo had furnished a month by month chart of expenses.

Mr. Koffler feels that refinancing at a lower interest rate as soon as possible is required. The City Manager is actively pursuing this.

Mr. Kuhn stated that one of the issues discussed by the Housing Authority Board was to open the apartments up to a larger age group. Mr. Koffler does not think the city should subsidize more individuals than it is currently. Mr. Baker is not in favor of a fill-up fee.

Council agreed that this issue be discussed in the 2006 City Council Goals session.

I. Property Next to Green Feed. Mr. DeMayo reported that Morrow County Grain Growers has purchased Green Feed and is interested in purchasing the small parcel of property adjoining the County agricultural museum that has been leased to Green Feed. Previously, the County had expressed an interest in having this parcel transferred to them. The former mayor and city manager had agreed to give the land to the county. However, this has never taken place. The County would like this issue resolved. Mr. Koffler suggested that Mr. DeMayo put together a map for discussion at the next Council meeting. This agreement with the County was made by the County Court on December 4, 2002. Mr. DeMayo has stated that he has written a letter to the Grain Growers asking if they wanted to purchase the parcel. Mr. Kuhn suggested discussing this with Mr. Ripple in person to determine their wishes. Council consensus was to put this issue on hold until Mr. DeMayo has talked to Mr. Ripple.

Mr. Wolff commented that the Grain Growers have also purchased the car wash for their use.

J. Flood Study. Mr. DeMayo stated that he will be contacting Mr. Weber at FEMA next week.

14. REPORT FROM CITY ATTORNEY.

In addition to the items discussed previously in the meeting, Mr. Kuhn reported that he is working on finalizing the Heppner Garbage Disposal franchise.

15. REPORT FROM MAYOR/CITY COUNCILORS.

Mr. Baker reported that he has concerns that Mr. Green’s equipment is getting older and may need to be replaced. He stated that this could be a future concern.

Meeting adjourned to executive session at 9:00 PM.

Executive session adjourned at 9:20 PM.

NOTE: Due to time constraints for certain participants, the agenda items are presented in the order discussed.

Meeting adjourned at 9:21 PM.