MINUTES OF THE CITY COUNCIL MEETING FOR AUGUST 14, 2000

PRESENT: Mayor Bob Jepsen; Council Members: Skip Matthews, Tim Van Cleave, Tom Wolff, Jerri Sly, Rita Hedman; City Treasurer René' Devin for City Manager Jerry Breazeale; City Attorney Bill Kuhn; Officer Mike Sweek for Police Chief Doug Rathbun.

ABSENT: Council Members: Kay Robinson; Public Works Director David Winters; Fire Chief Rusty Estes.

VISITORS: Tom Sly representing the Planning Commission; John Edmundson, Wilbur Jackson, Ray French, Mr. and Mrs. Mark White.

(Unless otherwise noted, "MOTION CARRIED" indicates all in favor.)

1. GENERAL BUSINESS

    A) Call to Order. Mayor Jepsen called the meeting to order at 7:03 P.M.


    B) Pledge of Allegiance. Mayor Jepsen led the Pledge

    of Allegiance to the Flag.


    C) Announcements. The Mayor welcomed visitors to the Council meeting, and asked that they please introduce themselves as they spoke. City Treasurer Devin announced that she had several additions to the Council's packet.


    D) Approval of the Minutes from the June 12, 2000 Council Meeting. Motion made by Councilwoman Hedman to adopt the minutes as submitted. Seconded by Councilman Matthews. MOTION CARRIED.


    E) Report from the Planning Commission August 7, 2000 Meeting. Tom Sly reported that the Planing Commission had received a Request for Endorsement of Proposal by Tom Wolff and Jerry Gentry to Have the City Petition the Corps of Engineers for Ownership of the Access Road to Willow Creek Campground and Private Property. The Planning Commission made the recommendation that the City Council approve the request. Councilman Wolff offered a detailed explanation of the map submitted with the Proposal. He explained that the object of the Proposal was to create a permanent legal access to the Willow Lake Campground and to a private parcel. The Planning Commission felt that obtaining this access would be of great benefit to the City. Not only would it allow for connectivity to these previously detached areas, but would allow the City to take title to this access without bearing the expense of maintaining the road. Councilman Wolff explained that the Real Estate Liaison for the Corps of Engineers stated that they were willing to make this transfer. The transfer cannot be made to a private party, only to a municipality. Motion made by Councilman Matthews to direct the City to contact the Corps of Engineers regarding this Proposal. Seconded by Councilman Van Cleave. MOTION CARRIED. Abstained: Councilman Wolff.


    F) Correspondence. Treasurer Devin called the Council's attention to a letter the City had received from Columbia River Associates. C.R.A. had submitted a request for a temporary water and sewer charge decrease. Their letter explained that they would not be renting the upstairs apartments for an undetermined length of time while renovating. They would, however, be renting the downstairs apartment and two business spaces that shared a bathroom. Treasurer Devin reported that after receiving the letter from C.R.A., she had been personally contacted by a young woman stating that she would be renting and managing one of the upstairs apartments. Treasurer Devin explained that there were two water meters on the building, and there was no way the City could shut off water to some of the apartments and not to others. Manager Breazeale's recommendation was that their request not be granted at this time. Additional time and information was needed to determine how the vacant apartments would be secured. Treasurer Devin pointed out that the sewer charges and bond fees were separate. Columbia River Associates would still be charged for the bond fees, not the minimum sewer and water fees. There was some general discussion regarding the actual minimum fee amounts, and providing relief as incentives for those property owners supplying lower cost apartments. Councilman Matthews stated that he felt that an actual time frame was necessary for this consideration. The Council was in agreement.


    Treasurer Devin mentioned that the City had received a copy of an article "So, Just What Can The Arts Do For My Town?" Submitted by John Edmundson. The article highlighted the town of Joseph, OR and emphasized the impact that fine arts have had in adding to the economic base. Mayor Jepson commented that at one point in its history, Joseph had the highest unemployment rate in our ten county area. Morrow County now has that distinction.



2. COMMUNICATIONS FROM THE PUBLIC.

    A) Oral communications from the public not on the

    agenda. There was no communication from the public.


    B) Policy on Signs for Bicycles on Main Street Sidewalks. John Edmundson explained that this issue had come forward most recently at the last HCC meeting. The issue is one of safety and aesthetics. There have been problems with children and young adults riding their bicycles on Main Street sidewalks. This creates a safety issue for older people that may not have the physical ability to dodge a fast moving cyclist. Since the new Main Street remodel only allows for "head in" parking, it also creates safety issues for children riding their bicycles on the street. Mr. Edmundson presented a stencil and several different types of messages that could be painted onto the sidewalk intersections to provide instruction. Ray French voiced his concerns on the matter, and offered several suggestions as well. Mark White suggested having a bike lane. Mayor Jepsen pointed out that the City had an ordinance prohibiting riding bicycles on Main Street sidewalks. Christine White suggested a small sign posted with the message. Mr. Edmundson felt that it would be a good idea to have one of Heppner's police officers hold presentations at the local schools explaining the newly adopted policy regarding the bike issue. He also thought that an officer making a foot patrol on the sidewalk would be beneficial. Mayor Jepson mentioned that there were people opposed to painting on our sidewalks. He felt that painting the message "please walk your bike" may be one of the more effective ways to convey the message. There was some additional discussion regarding bicycle safety classes, and licensing bikes after passing the safety course. Councilman Wolff made the motion to refer this issue to the Beautification Committee for their recommendation on how to provide notice on the streets; and to the Police Commission to provide education to students as school begins. Their responses would be discussed at the September Council Meeting. Seconded by Councilman Matthews. MOTION CARRIED.


    C) Animal Permit for Kelsey Wolff. Kelsey Wolff made

    application to the City to allow one rabbit at 180

    Rock Street. Motion by Councilman Van Cleave to

    approve the permit. Seconded by Councilwoman Sly.

    MOTION CARRIED. Abstained: Councilman Wolff.


    D) Liquor License Renewals. Mayor Jepsen noted that six businesses have made application for their Liquor License renewals. They are: C & J Food Markets, LLC, tradename Central Red Apple Market; Murray's Drugs, Inc., tradename The Country Rose; Jeff and Kathie Maben, tradename Kate's Pizza & Pastry; John and Ruth Maben, tradename Court Street Market; Kate & Doreen, LLC, tradename Cal's Restaurant & Lounge; Elk's Lodge #358. Treasurer Devin commented that there would be more applications at the next Council meeting; they would be late applications and charged a fee accordingly. Councilman Wolff made a motion to approve the applications noting that The Country Rose's application was not signed. Seconded by Councilman Hedman. MOTION CARRIED.


3. PUBLIC HEARINGS.

    A) Nuisance abatement at 340 Water Street, Map 2S 26 27DD, Tax Lot 2100. Officer Mike Sweek presented a video tape showing "before and after" shots of all properties. This property is owned by Mark White. Chief Rathbun's recommendation was that no further action was necessary at this time. The property had been cleaned up to code.


    B) Nuisance abatement at 460 W. Morgan Street, Map 2S 26 27DA, Tax Lot 5300. The property is owned by Gary Gaines. Chief Rathbun's recommendation was that the property had been cleaned up to code, and no further action was necessary at this time.


    C) Nuisance abatement at 620 North Elder Street, Map 2S 26 26CC, Tax Lot 3200. Officer Sweek noted that there had been no improvements made to this property.


    D) Nuisance abatement at 135 E. Center Street, Map 2S 26 35BB, Tax Lot 4500. This property is owned by Gary McCorkle. Chief Rathbun's recommendation was that no further action be taken at this time, the property had been cleaned up to code.


    E) Nuisance abatement at Lakeview Heights Subdivision. Officer Sweek showed a video, and commented that there were several vacant lots at the subdivision that had tall grass that needed to be mowed. The lot owners would be sent notification to eliminate this potential fire hazard.


    F) Ordinance No. 529-2000, An Ordinance Allowing the Operation of Class I and Class II ATVs Upon City Streets. Attorney Kuhn explained that this ordinance would require proper equipment and liability insurance, and will not permit ATVs to be operated outside the City limits. The State will not be licensing ATVs for street use. Councilman Wolff mentioned that it was his understanding that the reasoning behind this was- that the ATV manufacturers were having liability problems.


    G) Street Vacation, The 100 foot section of the unnamed street which abuts lot 8, block 6, Valley View Heights Estates Addition to the City of Heppner, Morrow County, Oregon and which connects the south ends of Thompson and Bisbee Streets. Enclosed within the Council's packet was a map submitted by Councilman Wolff. He offered an explanation of the map outlining specific details. Attorney Kuhn suggested that the sewer line running through John Murray's property would need to be surveyed to correctly create an easement.


    H) Amendment to City Code Section Title 5, Chapter 2A, The City Dog Control Code. Mayor Jepsen noted that some of the wording in the ordinance had changed. Attorney Kuhn explained that Manager Breazeale felt that it was important to have a little flexibility in appointing an Animal Control Officer. (Any Police Officer or person authorized as an Animal Control Officer.) He also felt that instead of having set fines perhaps the fines could be set by periodic Council resolution.


4. NUISANCE ABATEMENT ACTION.

    A) Resolution No. 430-2000, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. (620 North Elder Street, Map 2S 26 26CC, Tax Lot 3200.) Mayor Jepsen and the other Councilors were concerned that Ms. Troxel was an elderly single woman, and perhaps physically unable to maintain her yard. There was some discussion regarding volunteering a community service worker to assist her. Motion by Councilman Wolff to approve resolution No 430-2000. Seconded by Councilman Matthews. MOTION CARRIED.


    John Edmundson mentioned that the Heppner Chamber of

    Commerce had been effective in implementing an "Adopt A Highway" litter pick up program utilizing volunteers to clean up the State Highway shoulders. The program would be implemented four times a year.


5. ORDINANCE ACTION

    A) Ordinance No. 529-2000, An Ordinance Allowing the Operation of Class I and Class II ATVs Upon City Streets. Motion made by Councilman Wolff to adopt this ordinance. Seconded by Councilman Van Cleave. MOTION CARRIED.


    B) Ordinance No. 530-2000, An Ordinance Amended City Code Section Title 5, Chapter 2A, The City Dog Control Code. Motion made by Councilman Van Cleave to adopt this ordinance. Seconded by Councilwoman Sly. MOTION CARRIED.


    Treasurer Devin explained that the Ordinance 530-2000 would probably begin in October. The tags require a year date which would begin January 1, 2001. The dog tags and licenses have been ordered. The City Dog Pound will be located at the City Sewer Treatment Plant.


6. STREET VACATION ACTION
A) Ordinance 531-2000, Street Vacation, The 100 foot

    Section of the Unnamed Street Which Abuts Lot 8, Block 6, Valley View Heights Estates Addition to the City of Heppner, Morrow County, Oregon and Which Connects the South Ends of Thompson and Bisbee Streets. Motion made by Councilman Matthews. Seconded by Councilman Van Cleave. MOTION CARRIED. Abstained: Councilman Wolff.




7. COMMUNICATIONS FROM THE CHIEF OF POLICE.

    A) Activity Report. Chief Rathbun was not present to comment, however copies of the Activity Report were included in the Council's packets.


    C) Police Commission July 28, 2000 Meeting. Minutes from this meeting will be included in next Council Meeting packet. The next meeting will be held August 25, 2000.


    8. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR.

    A) Activity Report. Director Winters was not present but his written report was included in the Council's packet. Councilman Wolff questioned item #7 on the Activity Report. Mayor Jepsen explained that the Public Works employees had not been able to locate the 8 inch main shown on the map. The plan was to install a new fire hydrant on this main. They were only able to locate a 3 inch main. Councilwoman Hedman questioned the City's plans to correct water pressure problems on Barratt Way. Treasurer Devin explained that the City planned to bore under the State Highway to connect to and create a loop in the existing line, thus enhancing the pressure. Plans are to wait until after the Morrow County Fair to begin.


    B) Utilities Commission Meeting for July 20, 2000. Next meeting August 17, 2000 has been canceled. Minutes from the meeting were enclosed in the Council's packets. There was no additional discussion.


    C) Parks and Lands Commission Meeting for July 31, 2000. There was no discussion. The next meeting will be held August 28, 2000.


    9. COMMUNICATIONS FROM THE FIRE CHIEF. Chief Estes was not present to comment.


10. COMMUNICATIONS FROM THE CITY MANAGER.

    A) Resolution No. 431-2000. A Resolution Approving Accounts Payable for Payment. Councilman Wolff questioned the mileage reimbursement for Chief Rathbun. The dollar amount should read $39.68. He also questioned an expense for Share Corporation. Treasurer Devin noted that that expense was for enzymes used by the sewer treatment plant. Councilman Matthews questioned an expense for Grizzle & Hunter Plastic, LLC. Treasurer Devin explained that this was an expense for water valves. Motion made by Councilman Wolff to pass Resolution 431-2000 as corrected. Seconded by Councilman Matthews. MOTION CARRIED.


    B) RARE Application Interview for August 24, 2000. Treasurer Devin noted that Manager Breazeale had only received one application for this project. The interview was to be held August 24th. The person will not be hired until funding has been obtained.


    C) Morrow Leadership 2000 - Request for donation of meals $300.00. Treasurer Devin explained that this was a six session training program that would include thirty individuals. The programs will be held in the evenings, beginning at 6:30 PM. Manager Breazeale felt it would be appropriate to provide meals to the participants. He was requesting a donation of $300. or approximately $10. per person. The funding could come from the general budget under Meetings and Conferences. Motion made by Councilman Matthews to approve the donation. Seconded by Councilman Van Cleave. MOTION CARRIED. Abstained: Councilwoman Hedman. Opposed: Councilman Wolff.


    D) Report on Bonded Debt. The information was enclosed in the Council's packet and was presented for their information only.


    E) Council Permission for Treasurer Devin or Public Works Director Winters to sign a contract with Business and Utilities Services, Inc. Treasurer Devin explained that this contract applied to the testing of backflow valves required by the State. If any private residence is located on a Public Water System they must install a backflow valve when installing an underground sprinkler system or private swimming pool. These valves must be inspected annually. The service is provided by the City, with the property owner paying the City for the individual inspection. Mayor Jepsen approved the request. Seconded by Councilman Matthews. MOTION CARRIED.


11. COMMUNICATIONS FROM THE CITY ATTORNEY.

    A) Easement Request Across City Property at 280 Hill Street. Mayor Jepsen explained that the City had received a request from Fred Painter to relocate his sewer line across City property. Attorney Kuhn explained that an easement was needed on the West property line of Tax Lot 900. There was some general discussion as to requiring an appropriate survey to insure against future easement and lot line problems. The survey would be at the expense of the property owner. Motion made by Councilman Wolff to approve the Easement Request. Seconded by Councilman Matthews. MOTION CARRIED.


12. COMMUNICATIONS FROM THE MAYOR/CITY COUNCIL MEMBERS.

    A) Beautification Commission - August 1, 2000 Meeting. The next meeting will be held September 14, 2000. Mayor Jepsen reported that only high priority cleanups would be pursued at this time.


    B) Heppner Housing Authority - Mayor Jepsen, Chairman. Mayor Jepsen reported that the St. Patrick's Senior Center may have two vacancies open soon. There would be some progress on the dining room renovation this fall.


    C) Neighborhood Enhancement Team - Acceptance of additional projects. Mayor Jepsen stated that the Neighborhood Enhancement Team needed the Council's approval to accept two additional sidewalk projects. There is an eighteen foot section of sidewalk on Marlin Donohoe's property that is now owned by the Biddle's. A section of this sidewalk is also owned by the Rawlins. The sidewalk repair would guarantee insurance coverage. Motion to approve the two additional projects made by Councilman Matthews. Seconded by Councilman Van Cleave. MOTION CARRIED.


    D) Additional Discussion. There was no additional discussion.


ADJOURNMENT: 9:20 PM