MINUTES OF THE CITY COUNCIL MEETING, AUGUST 13, 2001

MINUTES OF THE CITY COUNCIL MEETING, AUGUST 13, 2001

PRESENT: Mayor Bob Jepsen; Council Members Kay Robinson; Kari Keown; Tom Wolff; Rita Hedman, Skip Matthews; Tim Van Cleave; City Manager Jerry Breazeale; Interim Police Chief Merle Cowett; City Attorney Bill Kuhn

VISITORS: BonnaRae Miller, Joe Miller, Meredith Walters, Kevin Chick

1. GENERAL BUSINESS

A) Call to Order. Mayor Jepsen called the meeting to order at 7:00PM

B) Pledge of Allegiance. Mayor Jepsen led the Pledge of Allegiance to the Flag.

C) Announcements: City Manager Jerry Breazeale added the following items to the agenda: 1F, letter of support for City Hall/Library Project from Heppner Chamber of Commerce; 8L, Resolution approving application for grant funds for City Hall/Library Project.

D) Approval of Minutes of July 9, 2001, Council Meeting.

Mayor Jepsen asked if there were any corrections or additions to the minutes. Tom Wolff noted that on the top of page 4, "Meligan" was misspelled. Motion to approve minutes as corrected by Tom Wolff, seconded by Kari Keown. MOTION CARRIED.

E) Report from the Planning Commission: None

F) Correspondence: City Manager Jerry Breazeale presented the following correspondence:

An invitation to the City Council from the BMCC Foundation to attend a "Parade Party" after the Rodeo Parade at the home of Louis and Betty Carlson.

A letter from Morrow County Judge Terry Tallman notifying the City of a $15,000 distribution from tippage fees to the City for the sidewalk on Riverside;

Copy of letter from Rodeo Parade Chairman Craig Stroebel to ODOT re: Parade;

Letter from the League of Oregon Cities re: transportation funding package soliciting input;

Letter from the Heppner Chamber of Commerce re: their support of the proposed City Hall/Library project;

2. COMMUNICATIONS FROM THE PUBLIC

A) Oral Communications from the public not on the agenda:

Joe and BonnaRae Miller appeared to voice their opposition to the proposed City Hall/Library building in general and its potential siting on Main Street in particular. Mr. Miller addressed their concern that siting the building on Main Street would take up potentially valuable commercial space and their belief that it would be more practical to renovate the existing City properties on Willow Street. At the conclusion of Mr. Miller's remarks, the Council discussed the need for a survey of public opinion regarding the project.

Rita Hedman moved, Kay Robinson seconded, a Motion to table further discussion of the project until the results of the survey are available. Discussion was called for. City Attorney Kuhn noted that the property has been available since Thomson Bros. burned down and that there has been no interest in commercial development. He further noted that the City will be "riding on the coattails" of the Library which will be raising the bulk of the funding.

Rita Hedman, Kay Robinson and Tom Wolff all reported receiving numerous expressions of opposition to the project and expressed concern that the City must make sure that this project is actually desired by the majority of citizens. Manager Breazeale cautioned the Council that delaying development of the project until the results of the survey are in could result in missing a critical funding window for the rural development funds that are available. City Attorney Kuhn advised that he believes a survey is premature at this time and that a complete package should be in hand before going to the public, much the same as was done with the St. Patrick's Senior Center project. Skip Matthews noted that care would need to be taken to ensure that an adequate number of citizens were polled and there was a discussion of the possibility of going door-to-door to solicit input.

The question was called on the Motion before the Council to table further discussion until the results of the survey are available. MOTION DEFEATED.

Kevin Chick appeared to update the Council on his activities to improve conditions in the corridor between the back of the Library/Museum building and the old Middle School. He reported that he met with Councilman Skip Matthews at the property to discuss the problems with the trees and underbrush and the congregating groups of juveniles. He noted that volunteers had pruned the trees and that the "Chaos" youth group is going to help with the cleanup. Tom Wolff reported that he and Interim Chief Cowett had looked at the lighting in the area and that an additional pole could be erected for $1200. Skip Matthews asked if it would be possible to mount a light on the back of the Library/Museum and Wolff said that Columbia Basin would mount such a light if Kevin Chick would check with the County for permission to mount one on the building and if he can come up with the necessary light. In response to a question from Mr. Chick regarding the Council's opinion about what he has done so far and proposes to do, the Council express their appreciation for his efforts and encouraged him to continue.

B) Request from the Masonic Lodge for permission to use the City Park on Saturday, August 18, from 4:00 to 11:00 AM for Rodeo Breakfast. Motion to authorize such use by Tom Wolff, second by Kay Robinson. MOTION CARRIED.

3. PUBLIC HEARINGS

A) A Public Hearing was opened regarding Nuisance Abatement at Map Number 2S 26 35BC, Tax Lot #5100 on the alley behind Court Street, owned by Edward Haugsvar of Anchor Point, Alaska. Interim Police Chief Merle Cowett reported that Mr. Haugsvar had called him and offered to pay to have someone clean up the property if he would arrange it. Interim Chief Cowett referred him to City Manager Breazeale, who did not hear from the property owner. Meredith Walters, owner of adjacent property, expressed concern about the fire hazard presented by the Haugsvar property.

The public hearing was closed.

4. COUNCIL ACTION

A)Motion to pass Resolution #466-2001 re: that certain property further described as Tax Lot #5100 at Map # 2S 26 35BC is declared a Nuisance and cleanup of said property is ordered by Kay Robinson, seconded by Skip Matthews. MOTION CARRIED.

5. COMMUNICATIONS FROM THE CHIEF OF POLICE

A) Activity Report: Council expressed their appreciation of Interim Chief Cowett's new report form. Interim Chief Cowett reported that he had met with the Hermiston officer in charge of their Neighborhood Watch program. Chief Cowett feels that at this time a formal city-wide Neighborhood Watch program would be too expensive to maintain and that it would be more practical to establish it only in the neighborhoods that are having problems. He point out an article in the East Oregonian about the City of Adams' Neighborhood Watch program.

B) Police Commission meeting is August 23

C) Code Enforcement: Interim Chief Cowett showed video of three properties currently the subject of Nuisance Abatement proceedings. Two of those properties have been improved, one has not. Skip Matthews Moved, Tom Wolff seconded, to proceed with enforcement action against Mr. La Doux and to take no further action against Mr. Kight and Mr. Looney, writing them appropriate letters (Mr. Kight's letter to note that there is still an engine to remove from his property). Interim Chief Cowett then showed video of three properties he recommends for Nuisance Abatement action: the Metz property at 505 Hager Street, Zumwalt property at 560 N. Elder and the Hendricks property on Water Street. Motion by Tom Wolff, seconded by Skip Matthews, to proceed with notification. MOTION CARRIED.

6. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR

A)Activity Report: None

B) Parks and Lands Commission Meeting will be held August 27.

C) Utility Commission meeting will be held August 16.

7. COMMUNICATIONS FROM THE FIRE CHIEF:

A) No report.

8. COMMUNICATIONS FROM THE CITY MANAGER

At City Manager's suggestion, item 8K was dealt with first to accommodate Ruby Shear who was present.

A) Resolution # 467-01, A Resolution Approving Accounts Payable for Payment; Motion by Skip Matthews, seconded by Kay Robinson. MOTION CARRIED.

B)Agreement with ODOT for Walkway/Bikeway Project Agreement #19,092: Motion to approve signing agreement by Kay Robinson, second by Kari Keown. MOTION CARRIED

C) Resolution #468-01, A Resolution Approving the Transfer of Appropriations Within the 2000-2001 Budget; Motion by Tom Wolff , seconded by Tim Van Cleave . MOTION CARRIED.

D) Authorization of Payment of Overtime for Accumulated Compensatory Time (Operations Fund). City Manager Breazeale advised that the Public Works staff is accumulating a great deal of comp time and he recommends paying it down as overtime.

Motion to authorize by Tim Van Cleave , second by Tom Wolff. MOTION CARRIED.

E) Unocal property design progress: Designer Tricia Martin presented her landscape design for the Unocal property to Manager Breazeale. Manager Breazeale reported that Martin wishes to return to Heppner around the end of August. There was a general discussion of Martin's proposal which incorporates grass, trees, basalt, lava and areas for display of Morrow County Museum farm equipment.

F) Dog Control: The kennel is constructed. City employees have been picking up strays.

G) Water System Master Plan: No report.

H) DEQ Notice of Non-Compliance was received, noting that the City now has no certified waste water treatment operator on staff. DEQ allows 120 days to find a certified operator. Manager Breazeale reported that he will be taking the recertification test in September and that a Public Works staffperson will be taking the certification test. Manager Breazeale commended the Public Works staff for the outstanding job they have done covering their additional duties.

I) Proposed Sewer Rehabilitation Contract: Motion to award contract for $2100 repairs to collapsed sewer line near ball fields to Shobe Enterprises by Kay Robinson, second by Tom Wolff. MOTION CARRIED.

J) Shobe Canyon Levee Inspection and Maintenance: The levee built by the Corps of Engineers at the point where Shobe Creek crosses the State Highway 207 south of Heppner is in need of maintenance. The Corps has asked the City to handle the needed maintenance, but Manager Breazeale noted that the levee is outside the City's jurisdiction. Skip Matthews advised that the Water Control District might be the logical entity to handle maintenance of the levee.

K) Earnest Money Agreement for Property Purchase: Ruby Shear appeared. Tom Wolff declared a conflict of interest and ex parte communication with Ms. Shear. Manager Breazeale reported that the City and the Shears (owners of the "Royce Fulleton property" on Gale Street) had a verbal agreement for the City to purchase the property adjacent to the City's property on Gale Street for $30,000. In response to a question from Kay Robinson as to the source of the money, Manager Breazeale explained that $7000 is budgeted to come out of the Water Fund, $7000 from the Sewer Fund and the balance from the General Fund. Rita Hedman asked what would happen with the property (which is intended for parking for the new City Hall) if the City Hall/Library project is not completed. Manager Breazeale said that, in that event, the property could be sold. Skip Matthews and Tom Wolff both noted that it is a good piece of property for the City to own. Ruby Shear asked if there was a requirement of the sellers to hook up to the water or sewer and was advised by City Council Kuhn that this was not part of the agreement. Skip Matthews moved to proceed with the purchase, second by Kari Keown. MOTION CARRIED with two opposed (Hedman and Robinson) and one abstention (Wolff).

L) Resolution #469-2001 Approving Application for Grant and Loan Funds: Motion to approve Resolution #469-2001 Approving Application for Grant and Loan Funds for City Hall/Library project by Kari Keown, second by Skip Matthews. MOTION CARRIED, one opposed.

9. COMMUNICATIONS FROM THE CITY ATTORNEY: None

10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

A) The Beautification Commission met August 9. Next meeting will be September 13.

B)Heppner Housing Authority: Mayor Jepsen reported that the floor has been redone.

C)The Willow Creek Valley Economic Development Group: Tom Wolff reported that 9288 informational letters were sent to businesses in California to encourage relocation to this area. He commended the volunteers who prepared the mailing and particularly thanked the Bank of Eastern Oregon, Klamath First and Columbia Basin for providing pizza for the volunteers.

D)Willow Creek Aeration Proposal: Tom Wolff attended the meeting with a vendor who presented information on aerators which force oxygen into lake water to encourage decay which in turn encourages biodiversity. Wolff had not heard whether any further steps were going to be taken.

Wolff also advised that there will be a meeting on August 21 regarding proposed zoning changes in property owned by the golf course. Tom asked that the City be included since he felt that Manager Breazeale's input regarding extending the urban growth boundary would be valuable.

Kari Keown expressed her growing concern about the need for getting information out to the public about the proposed City Hall/Library project. There was a general discussion about the need to work with the Library and to proceed with the survey.

Meeting adjourned at 9:58pm