Irrigon City Council Meeting
June 16, 2015 – 6:00 PM
Irrigon City Hall – 500 NE Main Avenue
- Call to Order and Pledge of Allegiance – 6:05 pm
Council members present: Christine Sorenson, Sam Heath, Daren Strong, Ken Matlack, Michelle Hagen, and Martin Brown. Margaret Anderson had an excused absence
Staff present: City Manager Aaron Palmquist, City Clerk Jessi Hoffman and Finance Officer Amanda Ferguson. Public Works Director Keith White had an excused absence.
Audience: Deputy Neubert and Marsha Richmond
- Mayor’s Comments
Mayor Heath stated that Council has already read in the City Managers Report that we are considering
a newsletter. Heath stated that she encourages the Council to come up with name ideas.
Mayor Heath also stated that she has received the 2014 water sampling results and it appears we had no violations.
Mayor Heath also wanted to reemphasize safety first when having fun in the sun and please give animals proper shelter and fresh water in the hot days ahead. Heath stated that Councilor Sorenson had mentioned there is a child over by where she lives that plays in the streets and there is quite a lot of traffic. Heath stated that in order to get a sign it has to be brought up before the Council. Heath asked Manager Palmquist why this has to be brought in front of the Council and not in front of management.
Manager Palmquist stated that there is nothing in the code it has been the practice of what has been done in the past. Palmquist also stated that management should be able to make those kinds of decisions.
Councilor Strong stated that he is confident the Publics Works Director is fully capable of making decisions such as this.
- *Consent Agenda
a. Approval of Minutes – May 19, 2015
i. Public Works
ii. Finance Officer
iii. City Manager
c. Accounts Payable
d. Morrow County Sheriff Report
Mayor Heath asked if there was a motion to approve the consent agenda as is with the IJCS bill removed forseparate vote.
Councilor Sorenson made the motion to approve the consent agenda as is with the IJCS bill removed for separate vote. Councilor Strong seconded the motion. Motion passed unanimously.
Mayor Heath asked after reviewing the IJCS bill of $594.00 for a motion to approve the IJCS bill as presented.
Councilor Strong, after reviewing the IJCS bill of $594.00 moved to approve the IJCS bill as presented. Councilor Sorenson seconded the motion. passed with Councilor Brown abstaining.
- Public Comment – Maximum 3 minutes/person. Maximum 30 Minutes allotted time for public comments. This is the time provided for individuals wishing to address the Council, at their discretion, Please sign-up on the clipboard required.
Marsha Richmond stated she was representing the Oregon Trail Library District and stated that she was here to discuss some things about the lot line adjustment between the City of Irrigon and the OTLD. As Richmond spoke to the Council she passed out several handouts to the Council. Richmond stated that the first hand out is the process that needs to be done in order to finalize the lot line adjustment between the City of Irrigon and the OTLD. The next two documents handed out are an Order that needed to be signed by either theMayor or by the City Manager and the second hand out is an Exhibit that gets attached to the Order. Richmond stated that this is based on the City Code 10-4C-14, property line adjustment, which refers to 10-4A-02 the type one procedure which means that it can be done administratively and no hearing is needed.
City Manager Palmquist interjected to help Richmond out while she was looking thru her paperwork. Palmquist stated we do have an administrative process and yes you can do a lot line adjustment if it is between two property owners, but this is disposing of or transferring government property, even if it goes to another government agency, the City needs to hold a public hearing according to statue.
Richmond stated that the handouts that she has given is what the OTLD attorney has presented and Richmond stated that the OTLD has not been able to get any response from The City regarding this matter. Richmond stated that is why she is bringing this to the City Council tonight for your discussion and perusal because the OTLD would like to get this done. Mayor Heath thanked Marsha and proceeded with the remainder of agenda items.
- *Approving City Manager’s Evaluation
Mayor Heath stated that the City Council met earlier that evening in an Executive Session to evaluate the retention and employment-related performance of our Chief Executive Officer. Heath asked if there was a motion and second to retain Aaron Palmquist as our City Manager.
Councilor Sorenson made a motion to approve the City Manager’s evaluation that was provided in the Exec Session, retaining Palmquist as Manager and move forward with the Manager’s final agreement. Councilor Brown seconded the motion.
Mayor Heath asked for a show of hands all in favor so it can be officially recorded. All of the City Councilor showed in favor with none opposed. Heath congratulated and thanked Palmquist for his past services to the City of Irrigon.
- Public Hearing – City Election to Receive State Revenues and the FY 2015-16 Budget
Public Hearing opened at 6:18 pm
Mayor Heath stated that the Council would like to hear from the public its views for the City to receive State Revenues for the FY 2015-16 Budget. Heath asked Manager Palmquist to expand on this before she called for any abstentions.
Manager Palmquist gave a detailed description of the City Election to Receive State Revenues and the FY 2015-16 Budget.
Mayor Heath asked if there were any abstentions or conflicts of interest. If none, we will move on.
Public meeting closed at 6:26 pm
- *Resolution 15-05 “City Election to Receive State Revenues”
Mayor Heath stated to the Council you may deliberate since the Public Hearing is closed and I would accept a motion to approve or deny the authorization of the City of Irrigon’s election to receive state revenues.
Councilor Sorenson made a motion to adopt Resolution 15-05 “City Election to Receive State Revenues” following the Public Hearing. Councilor Matlack seconded the motion. Motion passed unanimously.
- *Resolution 15-04 “Adopting FY 2016 Budget, Make Appropriations, and Categorizing Tax
Mayor Heath stated that at this time Council may elect to adopt the FY 2015-16 budgets, making appropriations, imposing and categorizing the tax all in one Resolution. Heath asked Manager Palmquist if he had anything to add.
Palmquist stated that the city received a grant from Good Shepherd Medical Center for new cameras at the city park. The project is not expected to be completed by the end of the fiscal year. The $3,000 needs to be added to the General Fund’s beginning working capital and the materials and services appropriation to allow for the completion of the project in the 2015-2016 fiscal year. The final total on the budget is $3,556,820.00.
Councilor Strong made the motion to adopt Resolution 15-04 “Adopting FY 2016 Budget, Make Appropriations,
and Categorizing Tax. Councilor Sorenson seconded the motion. Motion passed unanimously.
- *Resolution 15-06 “Authorizing Morrow County Treasurer to Invest City Funds”
Mayor Heath stated that every year the Irrigon City Council recognizes the Morrow County Treasurer as a Custodial Officer and authorizes them to invest funds of this body. Heath stated that we formally do so in Resolution 15-06.
Councilor Strong asked for a better clarification on Resolution 15-06. Strong asked for understanding that this is not the City of Irrigon’s treasurer but the Morrow County Treasurer investing our money?
Manager Palmquist stated that every jurisdiction needs to do this because when taxes are collected the County Treasurer is the one that collects taxes. By the time they recieve and disperse funds there is interest to gain and it also gives them authorization to be able to put in the bank. Palmquist stated that this is required by State statue.
Councilor Matlack made the motion to adopt Resolution 15-06 “Authorizing Morrow County Treasurer to Invest City Funds”. Councilor Hagen seconded the motion. Motion passed unanimously.
- Eastern Oregon Telecommunications Lease Agreement
Mayor Heath stated that it appears there are a few buildings and the water tower that EOT would like to place and maintain antennas. Heath stated that Council should consider this as space for them to. The City Manager has drawn up a “Site Lease Agreement”.
City Manager Palmquist stated the Site Lease Agreement has been cleared through legal counsel.
Councilor Matlack asked why the City Hall roof.
City Manager gave a detailed explanation how the antennas will work and how it will bring coverage and expansion to the City of Irrigon.
Councilor Sorenson made the motion to approve the Eastern Oregon Telecommunications Lease Agreement. Councilor Strong seconded the motion. Motion passed unanimously.
- Items for Future Council Meetings
- Mayor Heath directed Staff to report on where things are with the information that Marsha Richmond handed out.
Manager Palmquist stated that this is also for Marsha to take back with her. Palmquist noted that the City is waiting for the OTLD attorney to communicate with the City’s attorney for three updated (corrected) deeds that need to come to the City Council for a public hearing.
Marsha Richmond stated that OTLD needs the order signed by the Mayor or Manager before they can do the deed. Palmquist stated that would not happen. Richmond stated that the order needs to be signed before the deeds can be given. Palmquist tried to respond with Richmond speaking over the top of Palmquist. Palmquist stated this is my floor and the Mayor asked me a question. Palmquist noted the City cannot do the deeds until there is a Public Hearing. A Public Hearing is part of the process allowing the public to appear and give their input, because we are transferring real property. Palmquist also stated that this is State Statue. If it was just a lot line adjustment, that he can sign for that, but this is transferring and or disposing of real property. According to State Statue, we need to have a Public Hearing.
Palmquist also stated that in this processes the City Council is doing as this is not a Planning Commission item and nobody needs to make application. We are doing this internally, but a Public Hearing still needs to take place. Once the Public Hearing is done then the Council does a Resolution. Palmquist stated that in essence a Resolution and/or Ordinance are an Order. We don’t have to call it an Order we just have a Resolution that in essence from a legal terminology as you are ordering it and/or resolving it to be done.
Palmquist stated then you can sign the deeds and they can be recorded. There are three deeds that have to be in order in one Resolution. Palmquist stated that the first one is to transfer the property. Then there is one that creates a new deed description for the Library district and there is a new deed description for the City Hall. Palmquist stated that after the Public Hearing and a Resolution (Order) then the deeds are notarized and recorded.
Palmquist also stated that those deeds that where submitted have not been resent by OTLD attorney to the City’s Attorney. They had a statement that needed to be removed. They stated that there were maps that were recorded. Palmquist also stated you don’t record those maps that Richmond has handed out. The maps have been received by the surveyor. The maps are not part of what needs to be recorded, they are just survey mapping. Once the deed is recorded you have a new legal description. The Recording office, which is Bobbie Childers, lets the Assessor’s office know and then the Assessor’s office sends to the State to be re-mapped. Palmquist stated this is the way the process works. Those maps don’t need to be a part of the deed at all. You don’t record a lot line adjustment you record a deed. Maps that you do record are a map on a sub-division, re-plat, and new parcels.
Councilor Matlack asked if this was an issue of time to get it in sooner than later.
Richmond responded that the yellow highlight document that was handed out to the Council was through discussion with Bobbie Childers, the County Clerk, Carla at the Planning Department, County Surveyor, Keith Primm of Primm Surveying, and OTLD attorney. Richmond stated that this is how this processes came to be. In order for the OTLD attorney to create the deeds so that the can be filed we need a signed piece of paper which has been handed out as a sample either from the Mayor or Manager. Richmond added that if the City needs to have a hearing or whatever you can go ahead and do that, but in order for us to get you the deeds we need this piece of paper signed otherwise the process is stalled and the OTLD attorney has been trying to contact the City’s attorney and has had no response. Richmond stated that is why she is here tonight to try to expedite the processes.
Mayor Heath again thanked Richmond for bringing it to the Council’s attention and stated at this time the Council needs to hear from our attorney on the process that should take place.
Councilor Matlack stated that by the looks of it there is a process started and we just need to hear from the Public before we can do anything else.
Palmquist stated that is correct we don’t need to do an Order because we already have signed an IGA to do the lot line. Palmquist stated that we need documents because when you do a Public Hearing you have to have something for the Public to review.
Richmond responded that she needs the Order sheet signed to be able to get the correct documents.
Palmquist stated that he has already spoken to the bank and there is no time crunch on this because they have extended the loan requirement date.
Richmond responded that the OTLD has not gotten an extension and that is the time crunch.
Palmquist responded that the extension is good until September.
Richmond responded that it is not.
Palmquist explained the City Council needs are corrected deeds. Palmquist stated that all of this could have been done and taken care of within a couple of weeks after the IGA was signed. However, the City and the Council has allowed Ms. Richmond to take care of stuff because the OTLD are the ones paying for it. Palmquist stated that this is neither an Emergency nor something that needs to be done tonight.
Mayor Heath asked that we have had this on the Agenda twice and both times it’s had to be taken off because the City Council hadn’t received the correct information. Heath also stated that now two months have passed and like she stated before, City Council is waiting for the City’s attorney to get back with us.
Councilor Matlack asked what is expected from the attorney?
Palmquist stated that there is certain verbiage you have to state in the Public Hearing and the attorney will be giving the City the documents. The documents will be coming straight to the City. Initially the documents would have been sent from OTLD attorney to the City’s attorney. Palmquist noted that would have been great to move forward, but the OTLD attorney stated that he needed the recorded numbers. Palmquist said you don’t record the maps. That language needs be taken out so the process can keep moving forward. That was communicated two months ago.
Richmond stated that they had not heard anything about this. She also stated that OTLD attorney states that we need to have the order signed before he can continue the processes according to the County Planner, County Clerk, County Surveyor, and the OTLD attorney.
Palmquist stated to Richmond let me make this very clear, Gearld Breazeale went to the Planning Commission and spoke with Carla. Palmquist stated there is a step that is missing and it’s the Public Hearing. The Public Hearing needs to be done first to continue the process. Palmquist also stated that he is at the point to recommend to the City Council that we just have the City’s attorney draft up these three deeds that are needed and the City will eat the cost to get this done.
Councilor Matlack stated that sounds okay to him.
Councilor Brown stated that he is late on a lot of this for not previously being on the Council for the start of this process. As a Councilor I am not in favor of signing anything that the City’s attorney has not approved the Council to sign. Brown stated again he will not approve without input from our attorney.
Councilor Sorenson agreed with Councilor Brown’s comments and she will not approve either.
Councilor Strong asked if there was anything different from the original plan and amount of property being given.
Manager Palmquist responded that it is a total of 448 square feet. Palmquist, Richmond and Primm all agreed with the square footage.
Councilor Strong asked if any of that had changed?
Palmquist stated that nothing has changed. It is a legal process that we have to do. We have to be transparent and do it right.
Mayor Heath asked if there was any further discussion and if there is none let’s move on with items for Future Council Meetings
- CBU (Cluster Box Units) Process – July 2015
- Farmers Market Process/Policy – July 2015
- Enhancement Recommendations – July 2015
- Ex Session – CM Contract – July 2015
- Fiscal Challenges and Resolutions – September 2015
Councilor Hagen motioned to adjourn meeting.
The meeting was adjourned at 7:15 p.m.
Next Regular Meeting Date – July 21, 2015
Sam Heath, Mayor Aaron Palmquist, City Manager