---
date: "2004-11-10"
title: "Council Meeting Minutes 2004-11-10"
source: "2004-11-10-minutes-council-monthly.pdf"
---

Attended:

CITY COUNCIL MEETING

November 10, 2004

Lance Delgado, Mayor
Marvin Casebeer, Councilor
Mike Springer, Councilor
Jim Hamsher, Councilor
Anna Bass, Councilor
Karen Jacobs, Councilor
Diane Clingman, City Recorder
Bob Titus, Public Works
Jim Wood, Police Department
Joe Hitz, Sisul Engineering
Sandy Murray, Property Development Committee
Linda Harrington

Mayor Delgado called the meeting to order at 6:00 p.m.  The roll was called, Roger
McKinley being absent.  The pledge of allegiance was recited.  The minutes of the
October 13 and October 27, 2004 meetings were considered.  MSP:  To approve the
minutes of the October 13 and 27 meetings, Marvin Casebeer/Jim Hamsher.

The Council recognized Sandy Murray of the (Texaco) Property Development
Committee.  She said she was in attendance to update the council on the findings of the
committee and reiterated that the purpose of purchasing the property (as per the May 18
council meeting) is to provide for expansion of city hall and the fire department,
additional parking and possibly a visitor’s center.  She explained that the committee had
met and toured the property as well as city hall and the fire department to assess current
conditions.  The committee also solicited letters from each department and the rural fire
board asking them to outline short and long-term needs for workspace.  She said she has
not yet received input from the police department or rural fire board, but that the needs of
the office and public works department are certainly valid.  She said that Georgia
Patterson had provided information on the water and sewer service to the property and
that the water lines are a mess.  Leonard Wolf had checked out the wiring and said that it
did not appear that it would be very costly to get it up to snuff.  The heating system still
needs to be checked out.  Mrs. Murray said it had been suggested that a short term
solution to the over crowding in the fire department would be to store non-essential
equipment and the two older fire trucks in the bays, however, the heating system would
have to be functioning in order to store the trucks.  She asked the council what the next
step should be and it was agreed that there needs to be an agreement on the use.
Discussion followed as to whether or not the building should be added on to, remodeled
or removed.  The mayor recommended looking at the big picture, developing a long-term
plan and doing the project in stages.  It was noted that money has been budgeted to
provide for grant writing, but that much work must be done to develop a plan before

Minutes November 10, 2004

application can be made.  Discussion followed about getting the building usable in the
short term, however it was noted that no money has been budgeted to work on the
building in this budget year.  It was agreed that the building can be used for short-term
storage and that any uses should be documented.

Planning:  It was noted that at the public hearing regarding the Gill’s greenhouse the
council had questions about the recommendation made by the city’s attorney.  Lance
Delgado said he had not made contact with the attorney to get the issue clarified.  It was
noted that the issue got down to whether or not the city would move the right-of-way to
accommodate a legal set-back, but it was noted that moving the right-of-way for one
person is not a good idea.  The recorder said that Lyn McDonald had not yet had a chance
to complete the minutes of the hearing, but did document the motion made by the council
and gave them each a written copy.  It stated, “A motion was made that contingent upon
clarification of Michelle Timko’s letter, we approve the 6’ setback on 4th Street and 12’
setback on Johnson Avenue.  MSP:  Jim Hamsher/Mike Springer.”  A copy of the
attorney’s letter was attached.  The mayor said they had also discussed the parking issue
and expressed a preference that parking be limited to 4th Street.  It was noted that the
council still needs clarification of the Waiver of Remonstrance suggested by the attorney.
It was generally agreed that they are in favor of having the attorney draft the waiver but
that clarification is needed on the easement and that parking should be addressed in the
waiver and that the easement goes with the property as well.     The recorder asked if the
Gill’s would be held accountable for the costs incurred by the city for legal advice and
notices since they did not follow the proper channels in the first place by not consulting
the city to obtain zoning approval prior to constructing the building.  She was instructed
to check on the legality of charging the Gill’s for the associated costs.

The recorder told the council that although she had not received official notice from the
planning commission, they would be addressing two recommendations from them, one
for vacation of a street and one for vacation of an alley.  The process requires
advertisement for 2 weeks in the newspaper, public posting at the site and a public
hearing.  Due to the notice requirements, the soonest the hearing could be held is
December 8, however, information will be made available to the council prior to that date
so they may get their questions clarified ahead of time.

6:45 p.m.  Public Safety:  Jim Wood recited the police log and noted that the department
would be helping out at the OSAA State Playoff game being held at the high school on
Friday night, November 12.  He said the new regulations regarding expanded 20 mph
zones around schools is being complied with and that he instructed Bob Titus to order
additional signs.  He also addressed the approval of speed zone changes west of town by
the state.  Mayor Delgado asked about getting the 40 mph zone east of town extended
past the Confederated Tribes office.  Officer Wood said it would need to be approved by
the state and that he would look into it.

The council addressed the issue of establishing a committee to research options for police
services.  Anna Bass said that Larry Bass has agreed to be on the committee, but that
Gordon Larson said he can lend technical assistance only.  Wanda Winegar and Kevin

Minutes November 10, 2004

Purnell both have declined.  Mike Springer said possibly Johnnie McHatton would be
interested.

Abatement:  Jim Hamsher and Mike Springer said they had independently inspected the
Larkin property.  Hamsher said the house is about half torn down.  There was discussion
of what the next step should be and though it was agreed that some progress is being
made, it was also noted that the council must keep after the owner to continue.  It was
agreed that a letter should be written to Ms. Larkin instructing her to submit a plan for
cleaning up the property that includes a reasonable timeline.  The council instructed that
the plan be submitted to them by November 22, 2004 in time for the next meeting.

The subject changed to the next meeting date of November 24 and it was noted that
a number of members would not be in attendance.  It was agreed that the meeting
date would be changed to Tuesday, November 23, 2004.

There was discussion as to whether or not the city has ever actually gone in and abated a
property.  It was noted that the process has not been followed through before and that it
would require legal steps as well as working out the logistics of who (public works?)
would have to do it and how.  It was agreed that the city would rather try to work with the
violator(s) to remedy the problems themselves if at all possible.

7:05 p.m.  Landfill:  A written report was received by the council.  Bob Titus reported
that the road has been rocked.

Public Works:  Bob Titus reminded the council he still continues to have problems with
the wastewater pumps.  Mayor Delgado said there had been discussion some time back
about holding the general contractor responsible per the contract and asked where the city
was in the process.  It was noted that Titus, the attorney and the engineer had met at one
point.  Mayor Delgado was reminded that the last time he had spoken with the attorney
she had indicated that the information provided to her by Titus was sketchy and
inadequate.  There was discussion of what to do, but Marvin Casebeer reminded the
council that they had already made a decision to move forward with legal action and they
just need to follow through.  There was also question as to who is responsible for making
sure it is followed through.  It was noted that it is Bob Titus’s department and that he
needs to stay on it.  He was instructed to tell the attorney that the council wants legal
remedy.  Mayor Delgado said the attorney had said he should document discussions with
the engineer and contractor.  Titus said he had been.  Titus was told that if the attorney
has any questions she should contact Jim Hamsher.  There was question as to whether or
not the city has signed off on the contractor’s bond, however no one could recall doing
so.  Since the system has had problems almost from the beginning it seems unlikely.  It
was agreed that it should be checked in to.  Titus was instructed to get an update from the
attorney to be presented at the next meeting.

Titus said Steve Ellison had approached him about storing old cars at the lagoon site for
eventual crushing but Titus didn’t know whether or not the DEQ permit would allow it.

Minutes November 10, 2004

He was instructed to call the DEQ and find out.  It was noted that the rock pit is still a
good possibility once the once the logs are removed.

It was moved and seconded to add the bid award for the 2004 Utilities and Street
Replacement/Repair Project to the agenda, Mike Springer/Karen Jacobs.

The council considered the bid tab provided by Sisul Engineering.  Dice Construction,
Inc. was the apparent low bidder at $243,918.84.  Sommer Construction, Inc. bid
$292,618.00 and Winegar Excavating, Inc. bid $244,462.80.  There was discussion of
why the bidders charge different amounts for the same work.  Anna Bass made a motion
to award the bid to Dice Construction, Inc. in the amount of $243,918.84.  Jim
Hamsher said he would just rather go with a local contractor.  Anna Bass noted that
the city must have concrete, documentable reasoning not to award to the lowest
bidder.  Mike Springer seconded the motion.  The motion passed, Karen Jacobs,
Mike Springer, Anna Bass. Marvin Casebeer and Lance Delgado voting in favor,
Jim Hamsher opposed.

The optional work portion of the bids was discussed and it was noted that the city did not
need to make a decision right away.  The work includes the sidewalk and ADA ramp in
front of city hall and can be added as a change order.  There was also discussion of the
possibility of selling personalized bricks to be installed in the sidewalk portion.  It was
mentioned that the City of Elgin had recently done something along that line and the
person to contact would be Bill Searles.  Mike Springer volunteered to contact him to get
information.

Well Drilling:  Joe Hitz reported that when things dry out a final test well be performed
on the newest well.  The preliminary test showed 80 gpm.  There was question of whether
or not the broken off piece of equipment will pose a problem with developing the well
but Hitz said it is now covered with 50 feet of dirt and would not.  The likelihood of
drilling another well at the Coombs site was also discussed and it was agreed that Bob
Titus and Joe Hitz should contact him to get approval and work out the details.

Accounts Payable:  MSP:  To approve the accounts payable for October and
November, Anna Bass/Mike Springer.

The council considered the accrual report that includes comp time and holiday hours and
it was noted that Officer Wood is over the holiday hour limit by 21 hours.  Mayor
Delgado reminded the council that the attorney said they have to stay on top of the
accrual of hours and maintain control in order to limit the city’s liability.  Officer Wood
was asked how he plans to reduce the hours and he said he would use them during elk
season.  It was also noted that the county and state would be increasing their patrols in
Prairie City during that time to maintain coverage.

Museum/Depot Park:  Karen Jacobs asked if anyone had talked with Nadia Schultz about
her plan to move the contents of the museum and if she had found anywhere to store
them.  Anna Bass said it was brought up as a possibility and the council asked if they

Minutes November 10, 2004

would consider it.  If the county doesn’t move forward with the renovation of the
building it was agreed the contents should be moved in order to preserve them.

7:50 p.m.  Mayor Delgado said he did not want the council to lose momentum on the
mission and goals project and asked for suggestions for another date for a workshop.
They agreed to meet Wednesday, November 17 at 6 pm for a one-hour workshop.  Mayor
Delgado agreed to act as facilitator since Bill Harrington is no longer available.

The city recorder reminded the council that thank you notes need to be sent to Ken
Primrose and Shannon Springer for helping with the public meeting, the Grange for use
of the building, and Bill Harrington for facilitating the workshops.  She said she could
send out letters but thought something from the council would be more appropriate to
recognize their assistance.  She also asked that they consider making a donation to the
Grange for use of the building as they are in need of money to make repairs and did not
charge the city for using the building.  Marvin Casebeer said the usual fee charged is $75
and the council agreed to send them a donation in that amount.  It was noted that the
council had also mentioned recognizing the fire department for their efforts and they
asked what might be appropriate.  The recorder said they could start by attending the
appreciation dinner being held the following night at the Grange to honor police, fire and
emergency services personnel.  Mike Springer volunteered to attend and say a few words
on behalf of the city.

Mike Springer said the web site is up and running and there was some discussion of how
to get the minutes of the meetings posted on the site.  It was suggested that they might
have to be posted on another site with a link added to the main site to access them.  There
was also discussion of posting copies of approved minutes at the post office so the public
could have access to them without coming into city hall.  It was suggested that they be
copied double sided to save paper and to start with 10 copies.

8:10 p.m.  It was moved and seconded to adjourn the meeting.

Respectfully submitted:

___________________________
Diane Clingman, City Recorder

Approved this Date: ________________

_________________________________
Lance M. Delgado, Mayor

Minutes November 10, 2004