MINUTES OF THE CITY COUNCIL MEETING FOR APRIL 10,2000 PRESENT: Mayor Bob Jepsen; Council Members: Skip Matthews, Tom Wolff, Kay Robinson, Jerri Sly; City Manager Jerry Breazeale, City Attorney Bill Kuhn. ABSENT: Councilman Tim Van Cleave, Councilwoman Rita Hedman, Police Chief Doug Rathbun, Public Works Director Dave Winters. VISITORS: Johanne Wood, Betty Wilhelm, Linda Harrington, Greg and Lisa Smith, Tim Collins, Pam Schmidt. (Unless otherwise noted, "MOTION CARRIED" indicates all in favor.) 1. GENERAL BUSINESS A) Call to Order. Mayor Jepsen called the meeting to order at 7:05 P.M. B) Pledge of Allegiance. Mayor Jepsen led the Pledge of Allegiance to the Flag. C) Announcements. Mayor Jepsen welcomed all to the Council Meeting and turned the floor over to Councilwoman Sly who welcomed Linda Harrington. Ms. Harrington is running for the State Representative position for our district. Mayor Jepsen introduced Greg and Lisa Smith. Mr. Smith is also running for the same position: House of Representatives, District 59, presently held by Lynn Lundquist. Mayor Jepsen asked City Manager Breazeale if he had any announcements. Breazeale stated that he had just today received a letter from the Oregon Department of Transportation regarding the speed zone on Highway 74 by the fairgrounds. Breazeale also announced that the Neighborhood Enhancement Team had initiated their first project. The sidewalk at the Notson house had been demolished. Six people completed the demolition job in three hours. Councilman Wolff questioned if the city employees helping were on the payroll. Manager Breazeale stated that it was a regularly scheduled work day for one employee. Councilman Wolff stated that he had thought that the care and maintenance of sidewalks was the responsibility of the landowner. Manager Breazeale stated that yes, the responsibility did fall on the landowners shoulders, and the Neighborhood Enhancement Team was merely an assistance group that helped facilitate/motivate the completion of the project. Councilwoman Robinson pointed out that the cost of materials for sidewalk renovation was borne by the landowner. Mayor Jepsen announced that there were plans to demolish and replace five sidewalk sections. Councilman Wolff voiced concern that the City enforces some of their ordinances but not all. Councilman Matthews felt that the issue could be forced if the City received a complaint for a particularly bad sidewalk. The general consensus of the Council was that the private individual and the City both benefitted from the joint effort. Manager Breazeale mentioned that there would be a HCC meeting on April 11th at 7:30 A.M. at the Bank of Eastern Oregon conference room. D) Approval of the Minutes from the March 13,2000 Council Meeting. Mayor Jepsen asked if there were any corrections to the minutes. Councilman Wolff questioned paragraph C, page 3, regarding the Federal Government's 96% compliance. Councilman Wolff felt that the Fed's were probably looking for 75% compliance. Chief Rathbun was not present to comment. Councilman Wolff also questioned paragraph D, page 5, regarding the wording "that the position be given to"; he felt that the wording be "that the position be offered to". Mayor Jepsen commented that after approval, the City Council Minutes are published on Heppner's Web Net. Councilman Wolff moved that the minutes be adopted as corrected. Seconded by Councilwoman Sly. MOTION CARRIED. E) Report from Planning Commission. No report was given as the Planning Commission did not meet in April. F) Correspondence. City Manager Breazeale stated that he had received a request from Heppner High School's Drama Club. The Drama Club is requesting the use of the City Park to host a production of A Midsummer Night's Dream on May 14 at 3:00 P.M. Councilwoman Robinson moved that permission be granted. Seconded by Councilman Matthews. MOTION CARRIED. Manager Breazeale also announced that he had received a letter from Heppner TV Inc. stating that they would be increasing the basic rate for television beginning May 1, 2000. The increase would retain The Disney Channel as a commercial-free basic service as of April 21,2000. The next item of correspondence was a memo from Raymond Dale Rhode to the Heppner City Council regarding the foot bridge behind the public library. Mr. Rhode is a reserve officer for the Heppner City Police Department, and has a partial view of the foot bridge from his home on Chase St. Officer Rhode has noticed juveniles under the foot bridge smoking cigarettes and marijuana, making out, and has found empty beer cans and bottles there. Officer Rhode proposes to the City to trim back the trees that conceal the foot bridge, eliminating a hiding spot for juveniles practicing unwanted behaviors. Officer Rhode admitted that he himself had been having problems with his son, and his son's friends retrieving half smoked cigarettes from open ash trays outside the Northwestern Motel and Red Apple Grocery, and smoking them under the foot bridge. Officer Rhode felt that perhaps contacting and advising these business of the situation, and helping them explore different options would benefit the health of our youth and our City. Manager Breazeale does not recommend any action at this time and thought that this improvement proposal could be discussed at the next Police Commission meeting. The proposal would then come back to City Council for further discussion. There was no other correspondence. 2. COMMUNICATIONS FROM THE PUBLIC A) Oral communications from the public not on the agenda. Mayor Jepsen asked if anyone present in the audience wished to come forward at this time. There was no communication from the public. 3. USE OF CITY RIGHT OF WAY FOR WOOD STORAGE BY TOM GONTY. Review of complaint by Johanne Wood of safety problem created by stacking of wood on City owned property. Mayor Jepsen noted that Tom Gonty was not present, and that enclosed in their packet was a staff report from Manager Breazeale. Mayor Jepsen requested that Manager Breazeale read the letter and that the Council members make recommendations based on their own observations/findings. Manager Breazeale referenced a sketch attached to the letter showing the relative location of the wood pile and the subject right-of-way. As shown on the sketch, May and Gale Streets do not connect to create an intersection. The area that Ms. Wood refers to is essentially a driveway that serves three residences. The City does not regularly maintain these driveways, but has upon occasion spread gravel in icy conditions. There is no use by the public at large of these driveways. Manager Breazeale stated that he could not find any violations of the vision clearance requirements, and does not believe it to pose a significant safety problem. Manager Breazeale stated that the City does have the right to refuse private use of public right-of-way and may permit the use, deny the use, or permit the use with conditions. Manager Breazeale stated that the problem had been ongoing prior to the time he had been hired as City Manager. His personal preference would be to require Mr. Gonty to remove the stacks of wood from the City right-of-way. In lieu of requiring the wood to be removed he suggested that Mr. Gonty be issued a permit setting certain standards for location, height, volume and other restrictions as desired. Manager Breazeale stated that he felt that the real problem was the lack of cooperation between neighbors to work together for mutual benefit. Mayor Jepsen asked the Council if they had any questions, and suggested that the Council members report their own personal findings. Councilman Wolff requested City Attorney Kuhn's professional opinion on the matter. Attorney Kuhn supported Manager Breazeale's findings stated in his staff report. Councilman Matthews stated that he had not had any visibility problems driving through the area with prudent speed. Councilman Matthews also stated that he felt that a permit would be appropriate to clarify use of the island in exchange for Mr. Gonty's upkeep services. Councilman Wolff had taken pictures of the woodpile and shared them with the Council at that time. Councilwoman Sly also felt that the City should issue something in writing to define the use of said property. She did feel that perhaps there could be potential visibility problems. Councilman Wolff stated that he felt that there was an element of danger regarding visual impairment with increased driving speeds. Councilman Wolff thought there were perhaps a couple of blind spots (created by the woodpile,) upon approach from the private driveways of Ms. Wood and Ms. Wilhelm. Councilman Wolff spoke to Mr. Gonty regarding the woodpile issue, and Mr. Gonty agreed to move the woodpile. Councilman Wolff's recommendation was to reduce the size of the woodpile within 30 days to no higher than 36 inches. The present height of the wood pile is 5 or 6 feet. Councilwoman Robinson reported that she had not driven, but walked the route. She stated that she had not experienced any visual impairment created by the woodpile. Councilwoman Robinson also felt that there should be something in writing regarding the size of the woodpile. Councilman Wolff stated that Mr. Gonty had stopped by his office and explained that he did have a spot to move the woodpile to when their motor home sold. Councilman Wolff felt that having something in writing would establish boundaries, but not necessarily solve the problem; that more realistically there was an antagonistic situation between the neighbors that City Council could not solve. Mayor Jepsen felt that the staff report written by Manager Breazeale was a good guideline for establishing a solution. Mayor Jepsen had also spoken with Mr. Gonty regarding the height of the woodpile. Mr. Gonty stated he would reduce the size of the woodpile to increase visibility at the intersection. Mayor Jepsen felt that the City Council's responsibility was to draw up a permit in hopes of a working conclusion. Mayor Jepsen asked if there were any more questions or comments from the Council members. There were none. Ms. Wood argued that she was in disagreement with the description of private driveway vs. City street. She felt that the boundary lines did meet May and Gale Streets. Mayor Jepsen offered a comparable description with the alley ways between properties in the City's blocks. Manager Breazeale explained that these are public usage roads, owned by the public but not maintained by the public. Mayor Jepsen asked the Council members to make a recommendation at that time. Councilman Wolff moved that Tom Gonty be issued a permit to stack wood on City property, no higher than 36 inches, maintaining a clear driveway minimum width of 15 feet, including parked cars. The woodpile would be reduced within 30 days from the date of receipt of the letter issued by the City. The motion was seconded by Councilwoman Robinson. MOTION CARRIED. 4. REQUEST FOR ANIMAL PERMIT. Request from Tim and Jean Collins for animal permit at 610 Elder Street for two horses to be pastured part time. Mayor Jepson referred to the enclosed map and pointed out that the pasture was located within city limits, across from the grade school, Tax Lot 2300. Mr. Collins stated that he would install electric fencing, and that the pasture would be irrigated to avoid the risk of fire danger. Mayor Jepsen clarified that the horses would only be pastured part-time, and that if there were no complaints the City would have no problem issuing a permit. Permits are renewable annually. Motion made by Councilman Matthews to grant the Animal Permit, seconded by Councilman Wolff. MOTION CARRIED. 5. PUBLIC HEARINGS. Abatement of Nuisance at 175 Quaid St., Map 2S 26 26CC, Tax lot #5200; Abatement of Nuisance at 165 Quaid St., Map 2S 26 26CC, Tax lot #5300; Abatement of Nuisance at 135 Quaid St., Map 2S 26 26CC, Tax lot #5400. Officer Mike Sweek is off on leave and was not present to run the video tape of said properties. Manager Breazeale had spoken with Officer Sweek, and reported that the owners' of these properties are in the process of cleaning up. Manager Breazeale recommended that the Council Table the Hearing until the next Council meeting when both the "before" and "after" video tapes would be available. Motion made by Councilman Matthews to Table the Nuisance Abatement issue until the next City Council meeting; seconded by Councilwoman Robinson. MOTION CARRIED. 6. COMMUNICATIONS FROM THE CHIEF OF POLICE. Chief Rathbun was not present at the meeting, he is attending a business conference. Mayor Jepsen noted that Chief Rathbun's Activity report was included in the Council's packet. 7. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR. Public Works Director Dave Winters was not present at the Council Meeting but had submitted a written report for the month of March. Councilman Wolff questioned the location of a water meter at a new residence. Evidently the meter will need to be relocated by the private contractor responsible for the installation. Councilman Wolff also mentioned that the fire hydrant at the Nazarene Church leaked quite a bit. Manager Breazeale explained that the leak is located on an 8 inch main with no shut off valve. There is no shut off between the hydrant and the main, and shutting off the main would put a considerable number of people out of water for a considerable length of time. Manager Breazeale explained that the repair would need to be made while the line was "live" creating great expense. The repair will be made within the next budget year. Manager Breazeale displayed a section of pipe that had been salvaged from a recent repair. The pipe had extensive corrosion and typified the problems presently being experienced by the City's sewer system. Councilwoman Sly pointed out that perhaps newspaper coverage would help explain and clarify the issue to the general public. A) Parks and Lands Commission Meeting-March 27,2000. Dave Winters is working with Roger Britt to get an estimate on what would be involved in the proposed demolition of the old swimming pool. Manager Breazeale stated that he thought he might have a place to dump the old concrete, and is working on an agreement with the landowner. There have been no firm proposals as to what to do with the old pool site. Manager Breazeale mentioned that there is grant money available for use in planning and building parks. Manager Breazeale also mentioned that there had been a new tree planted in the island at City Park. The tree commemorates National Arbor Day. There was also some discussion on the Hill St. property clean up. The only remaining obstacle were the foundation steps. There has been some interest on purchasing the property. The property will not be listed with any one real estate agent, but all local agents have been notified. The City will pay the sales commission. The general consensus was to set the price at $10,000. 8. COMMUNICATIONS FROM THE FIRE CHIEF. Chief Estes commented that the Fireman's breakfast held St. Patrick's Day was a success. The attendance was down by approximately 80 people, but a profit was still shown. The Fire Dept. will be recieving a new ice rescue sled and survival suits for snow rescue. Chief Estes mentioned that there had been some invitations for training. The Fire Dept. will also be receiving a used boat and new flotation devices allowing water rescue. 9. COMMUNICATIONS FROM THE CITY MANAGER. A) Resolution No. 412-2000. A RESOLUTION APPROVING ACCOUNTS PAYABLE FOR PAYMENT. Manager Breazeale presented the Council with a copy of the current bills for the City. Motion made by Councilwoman Robinson, seconded by Councilman Matthews to approve Resolution No. 412-2000. MOTION CARRIED. B) Heppner Coordinating Council-Oral Report Manager Breazeale commented that the Army Corps of Engineers will be testing Heppner's flood warning siren system. There will be sirens heard on April 14, 2000 from 10 A.M. to 2 P.M. Public feedback is welcomed. Manager Breazeale mentioned that the main issue for the Heppner Coordinating Council meeting (April 11) would be school finance issues, with Bruce Anderson, Linda Harrington, and Greg Smith. The HCC will also take a position on dam breaching. There will also be discussion of training possibilities through Rural Development Initiatives. Mayor Jepsen commented that it would be a good idea to have Greg Sweek present to discuss taxation methods. C) Speed Zone Change To Highway 74. Manager Breazeale discussed the letter received from ODOT regarding the acceptance of their (City of Heppner) recommendation to change the speed zone on Highway 74 from what is now 55 mph at the end of Fairview Way, to 45 mph. The next zone would be reduced to 35 mph with a transition to 25 mph as traffic neared the elementary school. The speed study was based on a traffic survey using the 85th percentile of all speeds driven within a specific area. The City must respond to the speed zone recommendations within 60 days, by 06/05/2000. Councilman Wolff commented that he would like to see the speeds through that area reduced even further. Manager Breazeale noted that the State could be petitioned at a later date if the speeds in the present recommendation were not appropriate. Mayor Jepsen commented that the County was pleased with the present recommendation. Motion made by Councilwoman Sly to approve the present recommendation. Seconded by Councilwoman Robinson. MOTION CARRIED. D) City Hall/Library Meeting Summary and Progress Report. Manager Breazeale announced that there would be a public meeting on April 26th at 7:00 P.M. in the St. Patrick's Senior Center dining room regarding the joint venture. The meeting will be a work session with the City of Heppner, the Oregon Trail Library district and the general public. Manager Breazeale commented on the importance of the general public participating at the meeting, and all ideas were welcomed. Manager Breazeale also commented that he and Tony Chavez would be facilitating the meeting and making the public aware of the potential grant money available. Manager Breazeale noted that the proposal of the joint venture was positively received by the Meyer Foundation. City Attorney Kuhn suggested that the presentation be formatted to show the advantages/positive options that the joint venture has to offer. Councilman Wolff questioned the financing. Manager Breazeale explained that additional funding would go to the voters as an increase in utilities billing or as a revenue or general obligation bond. Attorney Kuhn explained the administrative and attorney fees involved in a bond issue. All agreed to explore the options of a standard bond issue. E) Resolution 413-2000. A Resolution Establishing Pay Ranges and Policy For Employee Compensation for FY 2000-2001. Manager Breazeale explained that this resolution must be brought to the City Council each year at this time. Manager Breazeale recommends a cost of living increase based on the Consumer Price Indexes which measures the average change in the prices paid for a fixed market basket of goods and services. The CPI is a widely used measure of price change. The second part of the resolution explains employee incentives. Manager Breazeale explained the incentive program, and discussed the bottom and top ranges for the different positions held by City employees. Incentives are based on the employees' evaluation, with a maximum 4% merit for an outstanding evaluation, 3% for a superior evaluation, and 2% for a satisfactory evaluation. Mayor Jepsen noted that an employee at the maximum salary would only receive an increase in their base salary if the CPI were implemented. Manager Breazeale explained that his research shows that Heppner's City employees fall into a mid range category as far as wages paid. Department heads evaluate their own employees, submitting the information to the City Manager for approval. Manager Breazeale evaluates the department heads, and the City Council evaluates the City Manager's position. Mayor Jepsen commented that based on his own research from information provided by the League of Oregon Cities, Heppner is getting a bargain referring to our City Manager's present wage. Councilman Wolff moved to recommend that Resolution 413-2000 be approved; seconded by Councilman Matthews. MOTION CARRIED. F) Request For Street Vacation-Tom Wolff and John Murray. The request is to vacate the section of street that connects Thompson and Bisbee Streets. Manager Breazeale pointed out that he is normally not in favor of street vacations recognizing the importance of maintaining right-of-ways for the City's benefits, noting future development access and a pedestrian way. He points out that Bisbee St. has never been improved, nor has the link between Thompson and Bisbee Streets. These streets do not connect to anything else. Fire Chief Estes commented that the Fire Dept. probably would never need to access those properties from the rear the area is too steep and rocky; that the main arteries are a better access. Manager Breazeale pointed out that there is a storm drain and sanitary sewer along that line, but that he is not sure if it is in the right-of-way. If those utilities are in the right-of-way, the City would need to reserve an easement for service and maintenance. Councilman Wolff commented that the area will be surveyed and the City granted an easement to clarify and solve that situation. Each proponent has paid $500, to cover the costs of public hearing/legal costs. CONSENSUS of the City Council members to direct City Attorney to proceed with the vacation. G) Manager Breazeale commented that he has an opportunity to attend an accredited course, Northwest Economic Development, offered by OEDD/OECD. There is opportunity for a scholarship. The tuition is $500., lodging is $450., totaling a $950.00 cost. Manager Breazeale offered that he would be willing to split the cost with the City to be able to attend this invaluable course. There is presently no additional money available within the City's budget for training/education. The course is offered June 4th through the 9th. Council members felt that it would be inappropriate for the City Manager to spend his own money, and all agreed that the opportunity should be pursued. Manager Breazeale also mentioned that Officer Mike Sweek was on paid administrative leave. There had been a complaint issued alleging some charges against him. Further investigation by the City is necessary. Councilman Wolff questioned the length of time Officer Sweek will be absent. According to Breazeale, the County Sheriff has a deputy available while the Chief of Police is on vacation. 10. COMMUNICATIONS FROM THE CITY ATTORNEY. A) St. Patrick's Senior Center Loan Extension. Attorney Kuhn stated that he thought he might hear the Bond Council's opinion this week. At that time Manager Breazeale would receive the bank documents and the City could move forward with the contracting. Manager Breazeale noted that there were presently two vacancies at the St. Patrick's Senior Center and Apartments. The on site manager has been giving weekly tours of the apartments and offering floral center pieces donated by the Housing Authority as door prizes. The response from the public has been very positive. Manager Breazeale also explained that there had been a flood in one of the second story apartments causing considerable damage to the ceilings, paint and carpeting in the entryway and meeting room. The insurance policy is paying for the repairs. Mayor Jepsen stated that there had been some request for air conditioning in several of the units. Manager Breazeale mentioned that the heat pump had been repaired. 11. COMMUNICATIONS FROM THE MAYOR/COUNCIL MEMBERS. Councilwoman Robinson commented that there was a problem with mountain bikes using the walking trail/switch back leading up to the dam. The bikes are creating eroded areas in the turns. The trail is for pedestrians only. John Edmundson is in charge of maintaining the trail, and has the assistance of a community service worker to help spread gravel. There was some discussion on erecting a different sign to clarify that bicycles were not allowed on the trail. Councilman Matthews mentioned that there had been some concern from a citizen with the general deterioration and street repair on Rock St. Manager Breazeale stated that there was no money available for major street repairs. The City was only able to patch streets at this time. Councilwoman Sly commented on the condition of the tank removal/fill located at the Miller's old gas station. Attorney Kuhn suggested that the City write a letter to Dennis Miller requesting that the site be completely filled and leveled so there would be no safety concerns for pedestrians passing through that area. ADJOURNMENT The meeting was adjourned at 8:50 PM.