MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, May 8, 2006

 

ATTENDEES:

 

Mayor Tim Van Cleave

City Manager, Dave DeMayo

Judy Buschke

Cindi Doherty, Council Chairman

George Koffler

Tom Wolff

Glenn Baker

 

Rusty Estes, Heppner Fire Department

Bruce Nelson, Public Works Director

Ann Spicer, City Attorney

Sgt Randy Rayburn, MCSD

 

ABSENT:  Kay Robinson

 

Members of the Public:

 

    Jeff Thompson

    Gary Ball

    Larry Mills

    Jim Rollis

    Nancy Snider

    Mark Miller

    

I.  Call to Order/Agenda Additions or Deletions

 

The May 8, 2006 meeting of the Heppner City Council was called to order at 7:00 PM by Mayor Tim Van Cleave.

 

    A.  Mayor Van Cleave led attendees in the Pledge of Allegiance to the Flag.

 

    B.  Additions to, or deletions from the agenda.  None.

 

II.  Consent Agenda.  

 

 

    B.  Accounts Payable (the bills”):  Resolution No.637-06.  (Monthly Financial Statement is for information only.)

 

Motion by Mr. Wolff to approve the minutes of the April 10, 2006 City Council Meeting, and Resolution 637-06, Accounts Payable.  Seconded by Mrs. Doherty.  Motion Carried.

 

Mr. Koffler stated that the Financial Statement is not of much use, and would like a statement that shows the current status of the budget, i.e., where we are vs. the total budget.  Mr. De Mayo provided a report that showed the current status of the expense categories and the current status of each item.  Mr. Wolff would like the report to show if the budget is where we are supposed to be.  Mr. De Mayo will have a new report for review next month.

 

III.  Public Comment and Presentations.

 

 

    B.  Mr. Larry Mills—Cycle Oregon Committee Request.  

 

    Mr. Mills announced that he was representing Cycle Oregon which will be held in September.  He requested use of the City Park for tents, if necessary.  The bicyclists will be camping on the fairgrounds, elementary school lower field, and if necessary the City Park.  There will be about 2,000 cyclists plus 100 +/- additional people.  This will be on Sunday, September 20.  Most of the people will be here by 2:00-3:00 in the afternoon.  There will be local entertainment downtown, along with a beer garden.  This will be on Main Street.  The site people will be in Heppner on Thursday to do a pre-survey.  Cycle Oregon personnel will provide all of their own equipment and food.  The plan is to close the highway (Main Street) on Sunday.  Mr. Mills feels this will be an excellent thing for the community.  A wooden stage will be set up.  

 

Most of the proceeds from this will go towards the schools, Little League, etc.  

 

Motion by Mr. Wolff to approve the request for the Cycle Oregon Committee to use the City Park as needed, making sure they understand that no vehicles will be allowed due to potential damage to the sprinkler system.  Seconded by Mrs. Buschke.  

 

Discussion:  Mr. Baker asked whether there had been this number of cyclists in Heppner in the past.  According to Mr. Mills, Heppner hosted Cycle Oregon several years ago.  Mr. Baker stated he was curious because at Mt. Rainier where he used to work, they had problems.  Mr. Mills stated that the group is well-behaved and they provide their own security.  The committee will get $12,500 to set this up.  The Committee will decide how the funds are disbursed.  Cycle Oregon provides most of their own expenses.  Mr. Mills stated that Main Street should be closed all day on Sunday.  Mr. Mills would like the sprinkler heads in the park marked and turned off during the time the cyclists are here.  Mr. Nelson will take care of the sprinklers.

 

QUESTION:  Motion Carried.

 

IV.  PUBLIC HEARINGS AND COUNCIL ACTION.  Public Hearings opened at 7:13 PM.

 

 

Discussion:   Mr. Wolff commented on Section 1 of the amendment which refers to semi trucks without trailers.  He wondered about log trucks with their trailers “piggy-backed” and whether this was included.  Mr. Koffler added that he doesn’t think anyone would allow on-street parking.  Mr. Wolff stated that he personally does not have a problem with trucks parked on the street, but he had received a complaint on Kevin Chick’s camp trailer parked on the street since it blocks the exit/entrance to the elementary school parking lot.  Mr. Rollis had concerns since he lives on a dead-end street, and has been parking his truck on the street at night, since his truck is gone all day.  He needs his driveway space for his personal vehicles.  According to Mr. Koffler, most of the trucks are parked off the street.

 

Mr. Baker stated that this problem occurred once before and that is the reason the ordinance was created, but not enforced.  The amendment will open up the subject.  According to Mrs. Buschke, this whole thing was started over the noise from the trucks.  Mr. Van Cleave asked if the amendment could be changed.  According to Mr. De Mayo, it could be if that is what the Council wants.  There is a noise ordinance that governs noise.  Sgt Rayburn stated that what brought this up again was that Mr. Ball’s truck damaged some of his neighbor’s landscaping.  Both Mr. Rollis and Mr. Ball stated that any use of large power tools is done at Miller’s; they only do minor repairs at their residences.  Mr. Rollis still has concerns about not being able to park his truck on the street at night.  Mr. Van Cleave asked if the sentence about the trucks being parked off street should be removed, or left in and handled on a case by case basis.  According to Mrs. Spicer you can’t handle things on a case-by-case basis.  Mr. Koffler doesn’t think the City should restrict parking for recreational vehicles, etc.  Mr. Van Cleave asked if a variance on the amendment could be requested.  According to Mr. De Mayo, conditional use or variances only apply to planning.  Mr. Van Cleave asked about enforcement of the ordinance.  The City Attorney informed Mr. De Mayo that the “three strikes and you’re out” could be enforced by practice.  According to Mrs. Spicer the MCSD could cite the people according to the ordinance.  Sgt Rayburn stated that it is up to Judge Gray to make the determination of whether or not this is a violation of the ordinance and does not involve the Council.  This is handled in the same manner as Code Enforcement actions.  Mr. Koffler asked Council if they approve of Mr. De Mayo handling these actions as he sees fit.  Council members agreed.  Fines for violation of the ordinance have not been determined.

 

Public Hearings closed at 7:33 PM.

 

Council Action.  

 

Motion by Mr. Koffler to approve Ordinance No. 558-06, an Amendment to the Heppner City Code to Allow Parking of Trucks Off Street and Declaring an Emergency.  Seconded by Mrs. Buschke.

 

In Favor:  Buschke, Wolff, Doherty, Koffler, Van Cleave.

 

Opposed:  Baker.    Absent:  Robinson

 

Motion Carried.

 

V.  Reports.

 

 

    B.  Morrow County Sheriff’s Department.  Sgt Rayburn reported that the patrol hours have been changed for the summer.  He is still working on 440 Water Street cleanup.  Mr. Rollis has gone to court and the judge gave him 23 days to remove the vehicles from the property.  

 

    C.  Public Works Director.  Council members reviewed Mr. Nelson’s report.  Mr. Koffler asked about the status of the action on the repairs to sewer lines and Moore Excavation.  Mr. Nelson reported that Moore is contesting the Court Street repairs and he hasn’t heard anything on 515 Gale Street.  Mr. De Mayo stated that he had had a conference call among Ken Condit, Ace Consultants; City Attorney Kuhn; and himself to discuss this.  Currently, the action is being handled between attorneys.  Mr. Wolff asked why our attorneys are involved instead of Ace Consultant’s since Ace was paid to have an on-site inspector on the project.  Mr. Koffler asked if Moore has been paid.  According to Mr. De Mayo, everything is on hold because of some requirements by OECDD that we have not met.  According to Mr. De Mayo, Council does not have the authority to hold the payment.  Mrs. Spicer agrees with this.  The retainage is 5%.  According to Mrs. Spicer, some of the retainage has not been released.  Mr. Nelson estimates that Moore owes $9,000 to the City and the same amount to Bailey Heavy Equipment.  Bailey has been paid by the City for North Court, but the City has not received Bailey’s estimate for 515 Gale Street.  

 

According to Mr. De Mayo, Ace is working with Moore Excavation on a resolution of this.  Mr. De Mayo does not have the authority to force Moore Excavation to pay this.  Mrs. Spicer advised waiting until there are decisions made on resolving this issue.  Mr. Kuhn is working on this with Ace, Moore, and the City Manager.  Mr. Baker asked about claims from citizens for property damage, and according to Mr. De Mayo, he believes that the performance bond should cover this.

 

Mr. Wolff asked about the bridge on Alfalfa Street.  According to Mr. Nelson, this is supposed to be done by ODOT before the end of the fiscal year (1 July 2006).

 

    D.  Planning Commission.  Mr. De Mayo stated that the site plan review for the Wheatland Insurance building was approved by the Commission.  Mr. Miller, architect, stated that they felt the building design would enhance the City’s downtown area.  He felt the property is very visible.  Mr. Miller provided a copy of the of the design prints for Council’s review.  Council agreed that this will be a great addition to Main Street.

 

    E.  Housing Authority.  Mr. De Mayo reported that all the bills have been turned in on the damage to Apartment 129 of the Senior Center.  The City has provided all bills to their insurance company.

 

According to Mr. De Mayo, another unit should be rented this week which will leave three vacancies.  All units are rentable, with the exception of repairs needed for one refrigerator which will be done.

 

 

 

Mrs. Snider, Wheatland Insurance, report that she met with Mr. De Mayo on the City’s renewal of the insurance with CCIS which will come up on 1 July 2006.  CCIS sent an appraiser to do an appraisal on the City properties.  This appraisal is based on the Guaranteed Replacement method of appraisal.  The guaranteed replacement cost is $1.285 Million which is guaranteed, no matter what the replacement cost is.  Mrs. Snider explained the various means of evaluation.  On the well houses, the appraiser calculated the cost of drilling the wells into the valuation.  They should have used the cost of replacing the buildings themselves along with the equipment, and not drilling the wells.  Most of the buildings decreased in premium costs.  Mrs. Snider will change the valuation on the well houses.  

 

Mr. Wolff asked about the trickling filter.  Mrs. Snider is not sure what happened here.  The premium increase is approximately $1300.00.  

 

Revaluing the well houses would decrease the premiums by approximately $700.00.  She recommends using the guaranteed replacement value.

 

Mr. Baker felt it would be advisable to go with the functional replacement value on City Hall since much of the City Hall is not used.  Mr. Wolff feels that the guaranteed replacement value should be used in the event that building had to be replaced, the extra space could be used.  

 

There were questions on public restrooms, since the chart shows two public restrooms, and there is only one.  Mr. Koffler recommended having this information reviewed before obtaining Council’s approval.  Mrs. Snider stated that she needs to let CCIS know Council’s wishes fairly soon.  Mr. Van Cleave asked if Mr. De Mayo could poll the Council after the adjustments were made since the next Council meeting will not be until June 12.  Mr. Koffler recommended the guaranteed replacement value on the main buildings.  Mr. De Mayo pointed out that costs for concrete and other building materials are becoming more expensive.  According to Mrs. Snider, the appraisal takes this into consideration.  Mr. Wolff stated that he wants the values on the well houses changed.

 

Motion by Mr. Wolff to approve the values as stated, subject to the well houses and the second restroom, and allow the City Manager and Public Works Director the authority to change the values.  Seconded by Mrs. Doherty.  Motion Carried.

 

    F.  City Manager

 

        1.  Mr. De Mayo reminded the Council that one of the City Council Goals is a Council walk-through of City facilities.  This should be done in May.

 

        2.  Measure 37 is now a requirement for all Planning and Zoning issues.

 

        3.  The Corps of Engineers Flood Exercise has been postponed until July 2006.    

 

        4.  Race Track Street.  During a recent survey, Mr. Coppock discovered that there is a section of Race Track Street near Hager Street that needs to be vacated.  The street has been on the maps, but has never been vacated.  This “street” goes through several existing properties.  The City Attorney will draw up the proper documentation to get this section of the street vacated.  

 

        5.  The Budget Committee’s first meeting will be held on May 10, 2006.

 

        6.  On May 31, 2006, will host a Small Cities Regional (League of Oregon Cities) meeting.

 

        7.  All Public Works personnel attended a Flagger’s class on May 3, and passed the test.

 

        8.  Referral Agreement from CenturyTel will be discussed.

 

        9.  Mr. De Mayo received a call from ODOT that they would like a committee of Stakeholders be formed to oversee the Highway 74 work.  According to Mr. Van Cleave this work is planned for this summer.

 

        10.  Mr. De Mayo provided a letter from DEQ on a violation.  Mr. De Mayo has tried to talk with Carl Nadler, DEQ, The Dalles, to clarify several issues.  The City could be fined up to $300.00.

 

        11.  Mr. Koffler asked Mr. De Mayo to outline his expectations for the length of the budget committee.  According to Mr. De Mayo, the meeting will be as short as possible.  The meeting has been advertised.

 

    G.  City Attorney.  Nothing to discuss.

 

    H.  Council Members.  Nothing to discuss.

 

 

VII.  New Business.

 

 

    B.  Possible Donation to the Heppner Garden Club.  Mr. Wolff suggested waiting until after the summer season.  According to Mr. De Mayo, the donation has to be made earlier because it has to come out of this years’ budget, and if you wait it won’t be a donation.  This comes from the Community Development Fund.

 

Motion by Mr. Koffler to donate $2400 to the Heppner Garden Club for the way that they keep up the common areas in town.  Seconded by Mrs. Doherty.  Motion Carried.

 

    C.  CenturyTel Referral Agreement.  Mr. De Mayo stated that CenturyTel had proposed an agreement wherein CenturyTel’s services would be provided to newcomers to the area.  According to Mr. De Mayo, this is a marketing proposal and he is unsure of the legality.  Mr. Koffler doesn’t feel that the City should participate.  Mrs. Spicer stated that the City should not take any action on this.

 

    D.  Discussion of Using City Facilities for Religious Functions.  Mr. Koffler stated that the only feedback he heard on the recent National Day of Prayer meeting held recently in City Hall was whether this was a legitimate use for City Hall.  Mr. Van Cleave stated that this was a Government declared function.  Mr. Baker feels this should not even be addressed.  Mr. Koffler stated that he does not think it is appropriate to use City Hall for religious events.  He also asked if the City had a policy for the use of City Hall.  He feels there should be a policy of some sort, but recommended doing nothing at this time.  Mrs. Spicer recommends some type of City policy.  Council decided to continue the present practice on the use of City Hall for other activities.

 

    E.  Offer by Heppner Hardware for Nuts and Bolts for sale.  Mr. De Mayo stated that Mr. Green had offered to sell some of his inventory to the City for $6,000.  Council decided to decline the offer.

 

VIII.  Minutes of Commission Meetings.

 

Comments:  

 

Mrs. Buschke asked about the spring leak on Gilmore Street referred to in the Utility Commission minutes.  According to Mr. Nelson, this is the property owner’s responsibility.  

 

Mr. Koffler asked about the sidewalk on Linden Way.  According to Mr. De Mayo this is planned for this summer, beginning in June.  Mr. Wolff stated that CBEC is satisfied with the ingress and egress for their business.

 

X.  Meeting adjourned at 9:00 PM.