Please,
God, would you please lead us
to the flag of the United States of
America and to the republic for which
stands one nation under God,
indivisible, with liberty and justice
for all.
» Hutcherson, good to see you this
evening.
>> Good to see you this evening.
>> All right. Um, are there, Mr. Forester,
are there any additions to the agenda?
>> Yes, mayor. We do have one tonight. Uh,
we have a discussion on the Spurs
display location and we're going to put
that on 3B under council business.
>> Thank you.
All right. The cons the consent agenda,
regular meeting brief from August 11th
and the annual liquor license renewals
has been circulated. Are there any
questions or concerns about the consent
agenda?
» Hearing none. Is there a motion to
approve the consent agenda?
>> I'll make a motion to approve the
consent agenda as circulated.
>> Thank you. Second.
>> It's been moved and seconded. Again, any
questions or
hearing? None. All in favor say I. I.
>> I. Opposed. Motion carried unanimously.
Thank you. At this time, this is the
opportunity for visitors, appearances,
and requests. Anyone that would like to
speak to the council, please come to the
podium and identif state your name and
address and
tell us your wishes.
Is there anyone online?
Okay, thank you.
Well, we will then
move on to u there are no council
presentations.
Under council business, we have purchase
parkco utility tamper.
>> Good evening.
>> Matt Weedle, city of Primeville Railway.
So, this is very exciting for us because
this kind of officially kicks off our
project that we've been working on for
two and a half years now. So, um, so
tonight the request is to approve the
purchase of a Harco utility tamper. So,
this is a machine that goes out there
for us. Um, we'll pick up the rail,
level the rail, um, makes a good solid
base for us. Um, one thing to point out
on this particular one, it's been
upfitted, so we can also straighten the
rail. So, it kind of does a little bit
of everything for us. Um, there's only
one company that makes these, which is
Harco, so not surprising. We only had
one bed. Um, however, we decided to put
that out there in case maybe we'd get a
year or two old, maybe lease return or
something like that, just kind of
testing the waters. And of course, we
didn't. Tonight, you'll be approving the
purchase through a company called
Precision. So, Harso Rail um builds
them, builds the parts, but they have
Precision
um
basically put them together or build the
smaller ones for them. So, it's a
subsidiary of horses. So, we're actually
purchasing it from from Precision. Um, a
couple things to point out aside from
the lining is it does come with two
weeks of operator training um and how to
maintain it. So, this is a very high
maintenance machine. So, we're very
excited that they're going to fly
someone in from Kansas to um train our
crew and train us how to maintain this.
Um, and it also comes with a one-year
package for all the maintenance wear
pieces and things of that nature. Again,
these are very high maintenance. Um,
this represents a pretty significant
chunk of our grant budget of 1.3 million
for equipment. So, we did that for on
purpose because again, these are a lot
of maintenance, a lot of wear and tear.
So, we wanted to spend as much money on
this piece of equipment as needed so we
had something, you know, well into the
future. So, um, with that, so we'll ask if there's any questions.
Yes.
>> So unique that you only get one bidder
and there's not very many other people
out there that do the same thing or um
Yeah.
>> Yeah. There's only one company that bids
them or builds them
right now in the United States. There's
only two machines on the lot and we have
our name on one of them. Um there's and
then this there's a third one in
production right now. The third one will
be 10% more when it comes out here in a
couple months. And in 2007 27 um they'll
be 15% more than this particular. So I
feel pretty lucky that we actually have
our name tentatively on one. Um he
informed me yesterday that the UP came
in and took the other two that are in
one on the lot and in production. So
yeah. So the ts are they're very
specialized. Again build America. We got
to build America by America and there's
only one one company that builds them.
So,
>> good thing you were successful or
potentially successful.
>> A week later, we would have had to wait
a while and we would have been paying
more money.
>> But as you say, this has been a long
time coming because this is something we
have wanted to have for years.
>> Yeah. I mean, um, typically in a
railroad our size, you know, you want to
tamp, you know, every 3 years, four
years. Um, and then like as a
maintenance, you'll hit your like your
joints and your curves 18 months or so.
um two years and the last time we did it
was in 2009. HNS did the our line for
us. Um current rate to have it done is
about $7,800 a mile. So, you know, 18
miles. So, over time it will pay for
itself given that we're a 20% match. I
mean, it's it's going to look pretty
good. So,
>> thank you. Are there any other
questions?
>> No.
questions. Maintenance is key and
this is a vital part of of that of the
infrastructure of the railroad. So I
think great great work.
>> So is there a motion?
I move that the city council approve the
purchase of the Harsko utility tamper
from Precision Railway Equipment for
$694,800
delivered utilizing Chrissy grant
funding and authorize the general
manager to execute the necessary
purchase documents and agreements.
>> Been moved and seconded. Again, any
questions
hearing? None. All in favor say I. I
>> I post motion carried unanimously. Thank
you.
>> Thank you.
>> Next on our agenda,
this is the add-on. Um has to do with
the relocation of the Spurs and Bill
Burgess who was instrumental in getting
all of the renovation done and
relocating etc would like to speak to us
because they the committee has a
recommendation to the council.
Welcome. I mean, thank you for for
welcoming us.
>> Uh, got a little hard copy I'd like to
leave everybody that kind of
capsulizes the project.
Just a couple slides.
This has only been going on for 14
months.
But as you will see there are
>> Sure. Thank you.
» Thank you sir. Thank you.
» So
this is where we are as of April. And
this slide is really a a comment on how
much Rich Evans helped in this whole
process. We uh we were uh kind of
debating, you know, how heavy Spurs was
and he went out and looked at it and I
got a call the next day that it's been
moved and indeed it was out at Ranchers
Memorial and um we thank the Bowman
Museum for letting us store it there.
Told it' be a couple of months and it's
only been four. Um, we did get some
folks out to look at it. Rick uh Visera
from Ricky Bees and then finally Monty
Curts from Marcus Asylum uh came out and
um and a plan was developed. So on
August 11th, a couple weeks ago, we
moved the sculpture to Palute for
restoration at his shop Arc Asylum. Uh
Kuanas has donated the money for the
steel and Monty is a board member with
Kowanas and at the board meeting in July
when the request for funds was granted
he asked to look at the sculpture to
assess damages himself and he
immediately said he'd like to donate the
labor for the restoration. So uh at that
point things were really beginning to
come together. And so on August 11th
there it is. Spurs is heading out to Pal
but um one of those beautiful days uh
that we've had recently.
Uh it arrived at Arc Asylum and Ark
Asylum and uh uh was
with with Monty ready to go to work. So
once uh once he got it in a shop uh we
discovered it was a there was a little
more work than expected. Uh fair amount
of rust. Um, weepholes have been
installed at at every low point in the
sculpture and uh, all of the delaminated
steel is being repaired and I'll show
you what I mean. So, uh, Spurs got
beheaded and that's the base that uh,
that is uh, delaminated and uh,
structurally unsound. So that will be
completely replaced and um and things
will return to normal. Uh but remember
we had a plan so she'll be as good a new
as good as new in no time. And the next
step is our recommendation on on the
location the final well actually I'm
going to you use the word temporary
location. Um the um the the spot is big
enough and I think uh I think it'll be
great there.
Uh little history fellow on the right um
has been involved in this. I mean
recently he's been in we've been in
communication with him Tom Morandi. He's
the original sculptor that helped design
Spurs in 1982. And then you probably
recognize Greg Conven. He got very
interested in this and wanted to be kept
informed uh just because of his uh his
involvement with War Paint and Maverick.
And then going back to 1982, I found
this in the Spurs yearbook. Uh that was
the model that was that was made that
the students uh uh used to actually
create themselves the final version.
And I don't know if you can read this,
we won't go through it, but this is the
original com uh bronze commemorative
plaque. The 12 students are on top and
those three columns talks about the
chamber and Crook County High Schools,
the primary sponsors. And uh it was just a list of of names and companies
that many of you recognize either as
existing folks and companies or or those
from the past. Uh, currently the class
of 26 uh is making a uh they've already
made a a beautiful frame and a and a
pedestal that'll be mounted right next
to Spurs uh at its new location. And so
we we give thanks to Dan McNary and and
his students. That's the end of my
presentation. You now know where we're
asking for you to recom or to approve
that we put it.
>> Thank you. Now there is as you are aware
there is an issue because that will be
technically is on the county side of the
lot of the block and they will
ultimately be required to give their
blessing on the sighting as well.
>> Good. But I think that it's up to who we
discuss and and if if there are any is
there's any opposition or
recommendations alternative to the one
brought to us by the committee.
Well, I think it's a really good
location because some of the others had
been that have been discussed one of
would have required doing some
landscaping and some change of plumbing
irrigation.
Of course, the roundabout on the hill
was
But uh that
wasn't the choice of the committee and
uh we did talk to Ellen Water and she
wanted downtown by her choice not
knowing I mean she didn't realize that
she was really going to make a
difference so much other than just give
her opinion but she wanted it somewhere
where people would see it pass by it
enjoy it and in asking her what the
purpose was originally for the the
sculpture was to have something to
welcome people
and so she thought that this would make
a good secondary location.
» Other comments
>> and yeah and I I agree with Marv. I
didn't like the the location up here in
the roundabout. I just didn't think that
was the right place for it and I didn't
think enough people were going to get to
see it. So, I think it definitely will
get more exposure here probably than it
would any place else in town.
>> I didn't appreciate the plaque with the
names of all of the participants that put the project together, supported
the project, etc. And the fact that we
can put it out here in front from city
hall and present that to the community
and those passers by I think is is a
great idea and I appreciate the
committee's recommending that to the to
the council to move that forward.
>> I will finally say that uh it it is a
unanimous decision by the committee. Um
this was as of about four or five days
ago. So, I anticipate the county will uh
will will approve. But um and I I think
I I I was debating whether to talk about
this, but I think I will and then I'll
get off the stage here. But one of the
ideas is that it we we consider this as
a temporary location. And in talking to
Steve Forester, temporary as in maybe 5
to 10 years.
and that when and if the new
intersection, the new configuration gets
developed down at the Y, um that some
thought go into a permanent and very
visible spot for Spurs and that it be
returned there uh like it was originally
installed in in ' 82. So that seemed to
be I don't know that sort of seemed like
a good idea that that a lot of us had.
So that'll be up to you you folks. We'll
see five or 10 years from now. Anyway,
thank you for your time.
>> We may find that this is a better
location.
>> Exactly.
>> Yep.
>> That's going to be up for discussion
down the road, but if there if there is
a recommendation from the council, I
don't know if we need to take a vote on
that.
>> I I think so.
>> Well, I mean, it is somewhat of a
decision, but I mean, the city's
required to give mutual consent of any
improvement within the plaza. So, the
plaza is owned jointly by the city and
count county. And so pursuant to 200
actually it's 2003 IGA but it was 2012
amendment it talks about any
construction within the plaza shall be
undertaken by mutual consent city and
county and so you would have to approve
and then also it shall be administered
in accordance with designs approved by
both so we have I mean we have a general
location I guess I just saw a picture
>> what was where is the general location
>> is it is it the actual location or
>> that is the actual location that was
that picture. Yeah. See if I can get
back to
>> standing in front of or by the by war
paint. There are two lamp posts and it
appears to be in front of the flag
>> county building would be on the right on
this picture.
>> Right. And uh
>> so yeah, I think council tonight would
approve the um
approve the the structure of the spurs
being placed within the plaza. Uh
subject to county consent and then
basically if the county also approves
then we would work out that the staffs I
think would just work out the details in
regards to actually executing and
putting it within place. But if the
count if the city council tonight
approved the structure being placed
within the plaza as recommended, then he
could go to the county.
>> And is that something I would do to go
to the county or is that what you're
talking about?
>> Yeah, you would need to go to the
county.
>> So at at some point if you approve, I
will go to the county and say this is
the decision of the city of Primeville.
We
>> I think they're going to make a vote
tonight.
>> The county I'm talking about.
>> I know. to the city. If the city votes
tonight, in order for those spurs to go
there, you're going to need to get the
consent of the county,
which we don't have any control over.
>> So, I will be approaching the county for
consent.
>> Correct.
>> Gotcha. That's what I my question was.
>> I have to admit I got question. I
thought the spurs were intended to be a
little bit further over so they'd be
almost centered between where war paint
is and the building here. So it wouldn't
be right there. It'd be spaced a little
bit. So it' be almost like equal when
you look at them in the street.
>> That's a function of my photoshopping.
>> So there isn't there isn't a lot of you
know it could be moved one foot one way
or the other, but yeah, that's
So that that was not intentional. That
was worn out.
>> Yeah, that fair enough. I was a little
worried about that cuz I I thought it
needed a little bit more coordination
and actual
>> um imagery to fully have a particular
spot. But I mean, in essence, you're
still going to have a general
recommendation that will go into the
plaza. He'll go to the county. If the
county is in agreement, the actual
specific location will be worked out
between city staff and county staff to
actually locate it and install it.
X marks the spot.
>> Something like that.
>> So, is there a motion to
place the have the spurs placed on the
plaza?
I'll make a motion to
approve the placement
of the spurs in the city county.
>> Second. Been moved and seconded. And
we've discussed the details. Are there
any questions yet?
>> All in favor say I.
>> I.
>> Opposed.
>> Carries unanimously.
>> Great. Thank you.
>> Thank you. And I will be glad to go with
you to presentation.
>> I'll be in touch.
Thank you.
All right. So,
next on the agenda under staff reports
and requests, we have a quarterly
financial report by Lori Hooper Antrum.
» Good evening, Mayor Council.
Lori Hooper Antrum, finance director for
the record. I'm here to present the
fourth quarter financial report for
fiscal year ending June 30th of 2026.
These figures are preliminary and
unawudited.
The final results may change slightly as
we complete our annual audit with the
independent audit work field work coming
in the beginning of October.
This slide provides a city-wide snapshot
of all funds. As of June 30th, total
resources were approximately $51 million
and expenditures totaled $48.1 million.
Overall fund balances increased by
approximately $2.9 million and that
ended the year at over $31.9 million.
This growth was driven prim primarily by
strong franchise fees revenues, property
tax collection, investment earnings, and
prudent expenditure management.
Funds with notable increases included
the general fund by approximately $3.4
million. The transportation also
increased by approximately 571,000.
The railroad by approximately 6 462,000.
Metal lakes by approximately 218. The
administrative and financial service
increased by $474,000
and the buildings facility fund
increased by approximately $533,000.
Planned decreases occurred in the PERS
POB fund, the water SDC, water and
wastewater operations, and public works
due to debt service payments, capital
projects, infrastructure investment, and
equipment replacements.
Overall, the city's financial position
remains strong with healthy reserves
entering into FY27.
Are there any questions before I move on
to the general fund?
Okay.
General fund revenues reached
approximately $16.9 million or 121% of
the budget. Franchise fees came in at
125% of budget. Property taxes are at
108%. The ever intergovernmental
revenues are at 103% and that's largely
due to increased school resource officer
funding for their extra um SRO.
Expenditures were 58% of the budget,
resulting in a fund balance increase of
approximately $3.4 million or 32%.
This graph illustrates the growth of the
general fund reserves with the fund
balance starting the new fiscal year at
roughly $14 million.
These reserves provide stability against
economic uncertainty and allow the city
to address future infrastructure and
strategic priorities.
This slide provides an update estimate
of the general fund's strategic reserve
allocations.
These resources provide flexibility to
address future council priorities,
including infrastructure, community
enhancement, and city economic vitality
initiatives.
Based on year-end performance, we're
estimating approximately $3.3 million in
additional allocations following the
completion of the audit.
This slide also summarizes the current
bucket balances for FY26 strategic uses
which included Chrissy Grant match of
400,000, vacuum truck of 600,000 and the
purchase of the Seahell property tax collection totaled
approximately $3.2 million, exceeding
budget expectations.
Delinquent tax collections also remained
stable through the down, but though
they're down from the prior year.
Franchise fee revenues remain one of the
city's most significant resource
sources.
Electrical franchise fees are roughly
$10.2 million, up in comparison to the
prior year.
Natural gas came in at roughly $147,000,
which is a decrease of approximately
23,000. Cable TV is down 15,000 and
waste disposal is down slightly coming
in at $87,000.
The overall strength in electrical
franchise fees was one of the primary
contributors to the increase in the
general funds reserve this year.
Transit lodging tax came in at roughly
$477,000.
While slightly below budget, collections
remained consistent with recent years
and reflect continued visitor activity
and launching demand. Are there
questions about the general fund?
Transportation fund revenues are at 106%
of the annual budget or $2.5 million.
Intergovernmental revenue is at
approximately 1.2 million with annual
gas tax collection being up over the
prior year.
Total expenditures are at roughly 1.9
million or 64% of the annual budget and
capital improvement projects associated
with paving and striping started at the
tail end of the fiscal year and into the
beginning of FY27.
The transportation fund finished the
year in a stronger than budgeted
position, primarily due to the timing of
these planned capital projects not being
completed within the fiscal year, which
resulted in a positive increase in fund
balance of approximately $571,000.
As mentioned earlier, state gas tax is
up slightly through the fourth quarter
with revenues totaling $968,000
compared to the prior year at $919,000.
This slide shows the transportation fund
balance trends over the last 10 years.
An audited beginning fund balance for
FY27 is $1.3 million.
Are there questions about the
transportation fund?
Okay,
moving on to the railroad.
fund finished FY26 with an
increase in fund balance of
approximately $462,000.
Operating revenues exceeded budget in
several areas, including rail services,
freight depot operations, and leases.
Total revenue was approximately $1.8
million. Budget to actual comparisons
are impacted by the timing of Chrissy
grant reimbursements, which are expected
in FY27.
Expenditures totaled approximately 1.3
million with several capital projects
and equipment purchases purchases
deferred into the next fiscal year. One
which is was approved tonight.
Materials and services expenditures
continue to be closely monitored and may
require a future budget adjustment to
address costs associated with the
derailment and fire incident that
occurred earlier in fiscal 26.
This graph shows the continued growth of
the railroad fund reserves. Maintaining
adequate reserves supports future
capital improvements, deferred
maintenance, and revenue fluctuation.
Freight volumes increased by 54 cars
compared to the prior year driven
primarily by introduction of the new
barley commodity. This commodity
accounted for approximately 32% of total
railroad hage through year end.
The increased activity also positively
affected freight depot revenues for the
year.
Looking specifically at fourth quarter
operations, monthly performance
fluctuated, which is typical for
railroad operations.
The quarter ended with a net loss of
approximately $40,000. However, year-to-
date operations produced an net
operating gain of approximately
$117,000.
Are there questions about the railroad?
The golf course fund had another strong
year. Total revenues reached
approximately $2.5 million, exceeding
budget by more than $384,000.
Golf activity continued to outperform
expectations, generating approximately
$1.9 million in revenue.
Expenditures were controlled at
approximately 2.1 million, allowing the
fund to generate an operating increase
of approximately $218,000.
This graph highlights significant
improvement in fund balance over the
recent years.
The fund ended the fiscal year with a
balance of approximately $1.3 million,
its strongest position in many years and
maybe ever.
This spike in FY21 was the injection of
debt dollars that was spent on golf
course golf carts in the beginning of
FY22. And this blue line here shows
where the fund balance would have been
without those extra dollars.
This slide shows activity across key
categories for charges for services,
including daily play, cart rentals, pro
shop sales, and patron cart activity.
All categories have shown favorable
growth over the last several years,
further reinforcing the golf fund's
strong financial performance.
Profit and loss statement of operation
shows a profit in all three months of
the quarter with total fourth quarter
profits being $296,000.
Are there any questions about the golf
course fund?
Okay,
that was your quarterly report. Are
there any questions?
Yes.
>> Okay.
>> Part of
your responsibility as I perceive it is
to make sure that we are on track with
what our goals etc are and and from what
I'm hearing from you, yes we are. We're
following that quite closely.
Is there anything that we ought to do
that would be better than what we're
currently doing? It's a very loaded
question.
The only thing that I would say is that
I I really think it's important that
we're always keeping our critical
infrastructure needs in mind and that
we're always prioritizing those. That's
I don't think that you don't do that. I
just want that to always be on the
forefront that we're making sure that
we're providing the critical services
that are required of a city and that
we're maintaining our critical
infrastructure.
>> Thank you.
>> Absolutely.
Any other questions?
» Thank you.
» All right. Next is uh city manager
report. Mr.
Thank you, mayor. On the public safety
side, U. Katie Kemper, our 911 director,
reported they held call taker interviews
and out of that have selected one
candidate to move forward in the
process. So, that's good news. On the
public works side, um, before I go to
public works, um, I'd like to
congratulate Chief Shane. He actually
took a few days off here last week, so
we appreciate him getting out of the
office and enjoying life a little bit.
So, thank you, Shane. And thank you,
Tom, for uh standing in for him. Did a
great job. Uh moving on to public works.
Uh if you've been down North Main, you
can see absolutely fantastic uh paving
job. Casey and his team and our
contracted folks uh at Tri County, I
believe, uh did a fabulous job. We're
striping right now as uh last couple
days getting that all cleaned up. Great
job there. Uh seal coating as well.
Those projects are wrapping up and the
ASR2
warehouse is almost completed
and we still expect to be operational
October.
On the railroad side, Matt and Caroline
met with the FRA, Federal Railroad
Administration. Um the meeting with the
FRA representative went very well and
we're putting putting a good word for
our railroad in the next round of
Christy grants. the one some of the
funding from the previous one we talked
about earlier today uh at this meeting
on the purchase that Matt was talking
about. So, we're going for another round
of that stuff to continue to invest in
our railroad um uh as we go forward in
time. So, more to come on on this
effort, but it looks very positive at
this point. Metal Lakes, as Lori
reported, um is having a great year and a little bit of concern uh that was
shared by Zach with the uh smoke uh
issue. Uh slowed play down a little bit,
but as soon as that relieved, uh play
has bounced back and we're busy as ever.
And clubhouse paint also that project
went really well and looks great. If you
haven't been out there, take a look.
Moving on, the airport, Kelly came in
and talked to us last week. Uh he's
pretty busy up there obviously with the
single engine air tankers, the seats as
they say and the helicopters that have
been assisting in the fighting the
wildfires. In planning, Josh reports
activity remains steady with residential
applications. Moving on to HR. Carrie
has rolled out an employee AI policy for
its first review. So, we're working on
how we're going to manage uh the AI
systems that are available to us uh as
we move forward in time um and how they
will be integrated into our daily work.
Um we'll move forward with the meetings
to fine-tune the policy in the upcoming
months. On the IT side of things, uh
they were assisting a lot of uh
communication efforts on the fire side
as we were in the heat of the battle.
Um, so a lot of our IT guys have been uh
working that side of the street, so to
speak. Uh, and as those fire activities
are slowing down, they're going to get
back uh focused on some of the regular
routine work they need to be doing
around the city. But again, I think
kudos to our IT staff for keeping the
communication systems up and going and
being flexible as some of those systems
were compromised as as the fires
progressed. So that was great that they
were able to keep everything up and
going. On the finance uh side, uh
obviously Lori presented our our
quarterly report for the fourth quarter
and closing that out um and preparing
for the year- end audits as she
mentioned in her report. Um and then
also uh we have a application
uh out for a finance assistant one
position and we received 26 strong
applicants um interested in that job.
So, we'll be going through that process.
And then on the PR side, Sean Ray
reports that all is good in social
media. She'll be working together
putting content for our September uh
efforts and uh public relations. Um
mayor and council, reminder, uh that
next council meeting we'll be working on
the council vacancy candidates, so be
ready for that. And I'm sure Lisa will
have some information out in between now
and then. Uh moving on to other uh uh
Russ uh has been uh graciously
participating in our weekly staff
reports. We really appreciate Russ from
the fire department, I should say. Um
and so what he's reporting is that the
wildfires are winding down. Um we did
have a little blit of a blowup uh last
Tuesday that was blamed on Jerry
Brummer. Um but uh it sounds as though
he was there when it blew up as the only
thing. U about 200 acres were
compromised. uh crews jumped in and got
it uh very aggressively and got that
handled in short order. But the the main
big news is is you know area fire camps
are are demobilizing. Uh you'll see a
lot of traffic in town as that continues
the next couple weeks and hopefully we
won't have any new fires crop up that'll
uh cause problems. So hopefully we're at the tail end of a fire season
with any luck. So that concludes my
report. Other questions?
Just to add to that a little bit, I was
up there when that fire took off.
>> Yeah.
>> And we drove up there and it was
probably five acres.
>> Yeah.
>> And they were working on it and just
thought it was inside the the black
area. We went on up to the to the
campground up there and turned around
and come back and it was about 50 acres
in a half an hour.
>> Wow.
>> And the humidity was 1%. It was 97
degrees outside. And when that takes
off, they had five helicopters on it and
they had two planes on it dumping
retardant and
>> and it it still it was 200 acres,
>> right? Just unreal how fast that could
take off.
>> Well, we're glad you're there to
supervise.
>> I was there a big picture.
>> Yeah.
>> Thank you, council.
>> Thank you.
All right.
Are there any council reports?
All right, we'll move on to ordinances.
Jared Reed.
Thank you, Mayor Jared Reed, city
attorney for the record. Um, Daryl is
going to help me out here. Uh, so what
you have in front of you is ordinance
1310.
This is an ordinance that's amending
chapter 92 uh to the primal card uh code
regarding nuisance and in particular
odor nuisances. And so what you see up
there is 93.25 and what is in blue is
our current odor nuisance um definition.
So
odor premises which are in such a
condition as to cause an offensive odor
which are in an unsanitary condition. So
very vague definition in regards to what
an odor nuisance is. um in particular uh
from my opinion in in its review an
uninforcable vague um code. And so this
came up in about obviously due to during
this year there was some complaints
regarding odor within the city and some
conditions of those properties not
causing nuisances and what that what
that would be what would it what would
define a nuisance. And so it was
suggested that our code was uh needing
to be amended and I agreed with that
suggestion. Uh in particular
um
uh what was particularly needed was a um
no I don't I I have it. Thank you. is to
um
is to is to update the particular um
ordinance to make it more consistent
with Oregon case law. So Oregon case law
came out in about the mid210s
and talked about what it meant for an
odor to be offensive. And in essence for
an odor to be offensive they looked
towards uh um actual factors or
objective factors. And within your
ordinance, you'll see that we created a
table that was based upon
uh DEEQ uh regulations and DEEQ
regulations. This was based in report
done by the Department of Environmental
Control um in response to this
particular case which was actually out
of all things a criminal case about what
was an offensive odor because it
involved a disorderly conduct.
Regardless, uh they this the court of
appeals made this analysis and then that
was used uh to to make this particular
table which was offensive. And this
looks at certain things like frequency,
duration, intensity and offensiveness.
Those are sort of the four things that
the court of appeals said that you
should look at. So for instance, odor
can be very uh intense but it might not
be offensive, right? So like you could
have a really intense good smell.
And so that's kind of what the court of
appeals talked about. And so that's what
we did. We tried to mirror that with the
department of environmental control to
create this table in which if you
received if the city received 10
completed uh odor intake forms, which
would be created after the ordinance was
put into place from at least 10
different individuals with separate
addresses over a 60-day period. And sort
of if you did this matrix and it
averaged out to a value of 14 or
greater, then it could be considered a
nuisance. We would still have to do a
complaint and go to court and actually
prove that particular case. So anybody
that's accused of a nuisance does have
due process rights. They have the
ability to make their case in front of
an impartial judge and then we have to
prove the case by a prepoundonderance of
the evidence. So we developed this
ordinance ordinance or ordinance. So in
essence 92 uh.25 25 93.25 up there is
just going to be replaced with that on
the first page with a new paragraph that
makes it much more consistent with
Oregon law. Then we're going to add 9330
which isn't in the code at all now to
make this odor ordinance in place. Uh so
we have a bunch of definitions that were
also borrowed from DEEQ um regulations
and um and then created that that table
the penalty is the current penalty uh
already in place. Uh however it would u
it's per occurrence. So it it's up to
500 bucks but it it could last you know
for a number of days or weeks. Um so if
this the first presentation tonight if
it is passed tonight you would have to
have a second presentation done on
September 8th and if passed then uh it
would go into effect 30 days thereafter
and I'm open to any questions
>> from my perspective. Thank you for the
quantification and qualification so that
we can actually
put uh brackets around and identify
specifically what it is and it couldn't
can be info.
>> Yeah. Having a matrix to go by I think
that that really puts some teeth in it
where there weren't any teeth in it
before.
Well, not only Kitty, it definitely has
helped define for the city as well as
the community, you know, what it what
would be considered a nuisance. I mean,
as you look at our current one, um, you
know, anyone could make
>> quite a bit of arguments in regards to
that.
>> Yeah. And I'll I'll make that argument
right now. Isn't this pretty objective?
>> The offensiveness
>> you know what if people some people
don't consider it offensive,
>> right? So, I mean, how
if you're only getting, you know, the certain, you know, written logged
complaints, you know, what about the,
you know, the people in close proximity
or whatever that, you know, their their
voice isn't heard that like they they don't have a a leg to say, well,
it's not offensive to me.
So, I don't know. I just I feel like
this is very objective and it's
very regulatory and I get it. I mean,
there are complaints. I understand it.
I've smelled the odor myself. I'm not
offended by it. there's a business
trying to operate up there and I want
them to have success,
but I also don't want people nearby
feeling like, you know,
they're offended. But what if the the
larger majority
objectively is less offended?
>> I can only go after the definition with
the court of appeals has determined what
is an offensive smell, right? because
this was a problem in and this is why it
goes to the why it went to the court of
appeals to be determined because prior
to that it had never been determined
right and so a lot of the the defendants
and appellets made that argument or made
arguments during that case say hey what
is offensive uh in that particular case
they actually overturned a warrant
because they felt that the client did
not actually lay out approp the
appropriate uh definition of what was
offensive
Because in essence, some neighbors were
complaining about marijuana smoke and
they were they were offended by it.
However, the client, which was the
police officer, was unable to articulate
while why a reasonable person wouldn't
be offended by it.
>> And the court of appeals said that
whether a reasonable person would find a
particular odor offensive depends on
several factors including the nature of
the odor, its intensity, duration, and
frequency, and whether it continues uh
or intermittent. and the circum what
whether it is continuous or intermittent
and the circumstance in which it is
spelled
>> that's how they defined what how you
determined or reason what would be an
offensive spell
>> so that's and then and then DEQ DEQ
created this scoring system sort of
based on that definition
» yeah I I mean I understand that and you
know I'll use an example that's a poor
example because we don't have any feed
lots within the city limits Primeville,
but a lot of people would consider that
to be an offensive odor.
>> Some even an unsanitary condition.
>> Exactly.
>> You know, so I I I fear that there's
there could be farther outreaching
implications of of something like this.
And I don't I don't know the answer. I
don't know the regulatory answer to it.
I I'm just I'm I'm afraid that it could
branch out, you know, farther than where
we're intending right now.
» Yeah. With any with any ordinance
passed, any law passed, sometimes there
are unrecognized consequences thereof.
>> Yeah, that's that's what
>> and we we try with all of our nuisances
uh to, you know, we me and the
Primeville Police Department work pretty
close. they have a conser community
resource officer. A lot of the nuisances
are animal related to be frank. Uh but
we try to do our best to prosecute those
cases on the most objective possible
process. Uh our particular community
resource officers really work like with
nuisances. It's a lot about mitigating
them, right?
>> And so
that's what our police department really
works on trying to do is mitigate. But
at a certain point it becomes
impossible to do it. In this particular
case now we actually have real or this
what this ordinance does is it actually
creates a scoring system in regards to
being able to test so that the actual u
the person that owns the property would
be able to understand how to avoid a
nuisance.
Shane, I understand and appreciate your
concerns. This is something that I think
is going to be very r very very very
rarely used. It does give us the ability
to quantify and qualify and measure
some with some objective
>> yeah and issue.
>> But I could already see where the path
this is leading to. There are a certain
there's going to be a certain group of
people in a certain area that are going
to be made well aware of this.
I would expect and anticipate it to be
used.
That could be.
So that's that's where I'm getting at.
>> But we have to respect the concerns of
the community as well as businesses.
>> So it's it's a balance. How do you how
do you reach that? And this gives us a
measuring tool of sorts to move forward.
May not be perfect, but it looks
>> measured to
>> questions.
So this is for the first presentation.
>> This is for the first presentation. It
can be voted on tonight. The council can
also recommend if if it it wants further
workshops in regards to developing the
table, it can do that, you can have
public hearings to try to develop the
table if you feel that this doesn't
appropriately represent what a
reasonable person would find offensive.
Um, again, I I didn't make these up. I
took them off the DEQ report that they
issued in 2014. So, that's where those
numbers come from. And I think you did
just what we asked you to do here a
while back. I think having that matrix
and stuff that that was our concern and
I think it does give us a tool. U if
there's no more discussion, I would make
a motion to approve ordinance uh 1310,
an ordinance amending chapter 93 to the
Primeville City Code regarding nuisances
>> for its first presentation.
>> Pardon me.
>> For its first presentation.
>> First first reading. Yes.
>> I'll second.
>> Been moved and seconded again. Any
questions or concerns?
>> We don't want to consider a public
hearing on this at all or
it'll be my question to the council.
>> No, it will come back to the council a
second time,
>> right?
>> The community will, you know, has the
opportunity to hear about it and if they
want to show up and by all means we will
hear comments at the next meeting.
So
motion to approve ordinance
number 1310 for its first reading. Uh
has been moved and seconded. All in
favor say I.
>> I.
>> Opposed.
>> Nay.
>> Thank you. Motion passes and it will
come back on September 8th.
>> Come back on September 8th for a second
presentation.
Right. Thank you.
Moving on to resolutions. Resolution
number 1647 approving intergovernmental
agreement IGA with the Department of
Land Conservation and Development
Housing Assistance. Josh Smith.
>> Evening council for the director Joshua
Smith, planning director. This IGA is a
little bit of an oversight. It's kind of
coming back. Um, if you remember last
year, the council supported the
application of a grant to do the housing
capacity analysis.
That grant we received from DLCD.
We have DLCD run those grants. They've
contacted 3J Consulting. This process is
underway. We've already started. Um, I
think it was an oversight that they
didn't come back and have us do the IG
for the grant. That is what this is.
basically saying that we're going to
follow through with adopting our housing
capacity analysis when 3J finishes it
and it meets all the state guidelines
and such. So that's essentially what
this is. The the process is underway.
It's it's just closing that loop. Any
questions on what you read or or if what
you thought it's it's the same basically
the same thing we did eight years ago.
We do these now eight years every eight
years instead of every 20 years. So it's
just going to come up more and more.
It's essentially like the EOA but for
housing.
>> Yeah.
The nice scope of work.
>> The classic IGA from the state of
Oregon. We'll give you money. You follow
our rules.
>> Yep.
» It's a better way to put it. There we
go.
» Are there any questions on the
resolution?
Very good. Is there a motion to approve
resolution number 1647?
>> I'll move to approve resolution 1647
approving an intergovernment agreement
with the Department of Land Conservation
and Development for Housing Assistance.
>> Been moved and seconded.
Any questions or concerns? Hearing
none. All in favor say I. I.
>> I. Opposed. Motion carried unanimously.
Thank you, John.
>> Thank you, council.
>> All right.
Much 1647. Resolution number 1648
approving federal subreient grant
agreement for rail for the rail crossing
safety
program. Mr. Weederhold.
>> It's a long one. Thank you. Uh for the
record, Matt Weerhold City of Primeville
Railway. So the request tonight is to uh
approve resolution number 1648 to
authorize staff to go into an agreement
um for this crossing safety program
through the Oregon Department of
Transportation. Um it actually this came
up pretty fast. Uh within about a they gave us one month to put in the
application, one month later they
approved our application. So and we have
one year to expend the money. So, what
we're getting for this is um all of our
old signals. So, everything inside the
case will be five of them um replaced in
the 1978, three of them from the early
80s and one from 87. So, we'll go from
all the old technology to
microprocessors
and uh 78 batteries, which is a big deal
because they're about $800 a piece. So
in total, uh the project's going to be
about $281,000
of which the state will pay $252,300
and some change for that. So pretty good
deal for us to get that upgraded. It
it's been on our capital plan, but we
just it's one of those things where we
just been kind of pushing it out, So this is a good
opportunity to get that caught up. So
tonight we're requesting that you
approve uh resolution number 1648 so we
can go into agreement.
>> Thank you. Are there any questions?
None.
Hearing no questions or concerns. Is
there a motion to approve resolution
number 1648?
I'll move to approve resolution number
1648 approving federal sub recipient
grant agreement for rail crossing safety
program.
>> Second been moved and seconded. Again
questions or concerns
hearing none. All in favor say I.
>> I opposed.
>> Motion carried.
>> All right. We appreciate it. Thank you.
>> See nothing else on the agenda.
So, it is the opportunity for visitors,
appearances, and requests. Anyone that
would like to speak to the council,
please come to the podium and share your
concerns.
Is there anyone online that would like
to speak?
I guess we have reached the end. Is
there a motion to adjurnn?
>> So moved.
>> Second.
>> All in favor say I.
>> I opposed. Motion carried. We are
ajourned.
>> Thank you.