MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

AUGUST 9, 2004

ATTENDEES:

Mayor Bob Jepsen

City Manager, Jerry Breazeale

Council Members:

Merle Cowett

Judy Buschke

Kay Robinson

Cindy Doherty

Tom Wolff

Tim Van Cleave

City Attorney, Tom Creasing

Public Works Director, Bruce Nelson

Morrow County Sheriff’s Department, Deputy Justin Slinger

Heppner Fire Chief, Rusty Estes

Heppner Gazette Times, David Sykes

Members of the Public:

Nona Grace

Ray Grace

John Le Doux

Mrs. John Le Doux

Mrs. Mark White

Gary Jones

Doris Jones

Chuck Holt

1. GENERAL BUSINESS

A) Call to Order: The August 9, 2004 meeting of the City of Heppner City Council was called to order at 7:00 PM by Mayor Jepsen.

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

C) Announcements:

- Mayor Jepsen announced that a full Council was in attendance.

- Mayor Jepsen introduced Mr. Tom Creasing, partner in Kuhn & Spicer law firm, who is representing the City Attorney’s office at this meeting.

- Mr. Breazeale added the following items to the agenda for tonight’s meeting:

- Item 1E, Request from the Pendleton Roundup Association

- Item 8G, Liability Release for Community Service Activities

- Delete Executive Session from the agenda – not required

D) Approval of the minutes from the July 12, 2004 Council Meeting. The July 12, 2004, minutes were reviewed by the Council members, with the following corrections identified:

1. Page 2, Mr. Wolff asked to clarify that the City will not be required to provide the mounting brackets for the plaque that Mrs. Alderman is donating to be installed in the Veteran’s mini-park.

2. Page 9, Line 3: Change to read: Mr. Wolff estimates an additional . . . .

3. Page 9, Para 2, Line 8: Change to read: Mrs. Doherty stated that . . .

4. Page 6, Para 1: Mr. Van Cleave asked that the statement referring to the “immediate neighbors” be clarified that he was not referring to all the immediate neighbors, just one neighbor in particular.

Motion by Mr. Wolff to approve the July 12, 2004, minutes as corrected. Seconded by Mr. Cowett. Motion Carried.

E) Correspondence:

1) Request from the Pendleton Roundup Association. Mr. Breazeale stated that in the past, the Roundup Association has used the City Park for their picnic during the Fair and Rodeo. This is projected to be larger this year. Since this is a large gathering, permission is required from the City Council and liability insurance is required. The organization will provide liability insurance naming the City of Heppner as insured.

Motion by Mrs. Robinson to approve the Pendleton Roundup Association’s request. Seconded by Mr. Wolff. Motion Carried.

2) Correspondence from the City of Boardman inviting the Heppner City Council members to attend the dedication of their new City Hall on August 28, 2004, at 1:00 PM. Mayor Jepsen stated that he would like to see as many council members as are available in attendance. Mr. Cowett, Mayor Jepsen, Mr. Breazeale, and Mr. Nelson indicated that they would attend.

Motion by Mr. Wolff that the City staff send a card and congratulatory gift to the City of Boardman. Seconded by Mrs. Doherty. Motion Carried.

3) Enterprise Zone Manager. Mr. Breazeale stated that this is a resolution for signature, to appoint Carla McLane to fill the position vacated by Greg Sweek’s resignation.

Motion by Mr. Wolff that the Council approve Resolution 573-04, appointing Carla McLane as Enterprise Zone Manager for the Willow Creek Valley Enterprise Zone in Morrow County. Seconded by Mrs. Doherty. Motion Carried.

4) E-mail from Evelyn Sweek expressing her opinion on the purchase of the Klamath Bank building for a city hall. Furnished for information only.

2. COMMUNICATIONS FROM THE PUBLIC

A. Mr. Chuck Holt is attending this meeting to request the drainage on his property on water street be repaired. He stated that he had been promised that this would be repaired by the end of February. At that time, Mr. Nelson had informed Mr. Holt that the city crew could not do the work until the St. Patrick’s Day celebration was over. He showed pictures of the result of the result of the recent rain storm. Mr. Holt has met with Mr. Nelson, Mr. Wolff, and Mr. Ehrmantraut at various times to discuss this. He would like the drainage problem solved. He requested a date when this is going to be fixed. According to Mr. Nelson, there have been problems with the water system up Willow Creek, and he assured Mr. Holt that his problem is on the list to be taken care of. Mr. Wolff stated that he would like Council to direct City staff to solve Mr. Holt’s problem within 30 days. According to Mr. Nelson, his crew is going to install a catch basin. Mr. Van Cleave asked how much time this would take and according to Mr. Nelson, it will take approximately 2 to 2½ days. Mr. Nelson stated that the City will buy a catch basin from Hermiston and also use some of the material stored at the City yard for this repair.

Motion by Mr. Wolff that Council direct City Staff to address this situation within thirty days. Seconded by Mrs. Robinson.

Mr. Cowett amended the motion to add that if there is some reason that the problem cannot be corrected within thirty days, Mr. Holt should be contacted. Seconded by Tim Van Cleave.

Question on Mr. Cowett’s amendment: Three in Favor, Four Opposed. Motion failed.

Question on Mr. Wolff’s motion: Motion Carried.

3. PUBLIC HEARINGS

A. A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 535 Matlock Street, Map No. 2S 26 35 BC, Tax Lot 3300.

Discussion: This is the Le Doux property which has previously come before the Council on several occasions. Deputy Slinger provided current photographs of the status of the property. According to Deputy Slinger, Mr. Breazeale has informed him that Mr. Le Doux has paid a year’s worth of back taxes which prevents the County from foreclosing on the property. The photos illustrated the material stored on the property. Deputy Slinger pointed out that there is also a safety factor involved. Deputy Slinger stated that he has not observed Mr. Le Doux working on the property since the last Council meeting. According to Mr. Le Doux, he has been working on the wall. He also stated that he has been working two jobs and has very little time to work on the property. Mr. Le Doux stated that he needs the roofing to cover the wall after the siding is up, and has the bricks stacked. He would like to erect a fence around the property. The fence needs to be 3.5 feet high. Mayor Jepsen stated that he visited the property today and has concerns about the nails in the boards, and also informed Mr. Le Doux that a fence would have to be in compliance with the city code. Mr. Jepsen read the resolution to Mr. Le Doux. According to Mr. Le Doux, the standing wall and the floor have all been removed and there is a hole in the ground, which Mr. Le Doux stated that he had smoothed the edges off. Mr. Jepsen asked Mr. Nelson about the possibility of dumping dirt in the hole when he has a load. Mr. Nelson was agreeable to this. Mr. Le Doux stated that he needs the hole for the foundation, but would like the portion under the porch filled in.

Mr. Jepsen asked Mr. Le Doux if he was given an additional thirty days to clean the property, whether it could be done, and Mr. Le Doux stated that he could do this. Mrs. Buschke asked Mr. Le Doux what his long range plans are. According to Mr. Le Doux, he would like to rebuild, depending on finances. One of his employers has an old motor home that he may be able to live in. Mrs. Doherty asked Mr. Le Doux if he was aware that he could not rebuild unless he has a variance, and he stated that he is. According to Mr. Breazeale, before the City can haul dirt to the property, they would need Mr. Le Doux’ written permission.

B. Resolultion Establishing a No Parking Zone the Entire length of West Street on Both Sides of the Street.

Mr. and Mrs. Grace, and Mr. and Mrs. Jones are attending the meeting regarding this issue. According to Mr. Ray Grace, the pavement in this area is 13 feet wide and there is not room for parking as well as traffic flow. Additionally, the visibility is not good. Mr. Wolff asked if West Street is a dedicated street, and according to Mr. Grace, it is. According to Mr. Estes, there is also a concern about emergency vehicles getting through the street. Mr. Jones stated that when vehicles are parked on the street, it is difficult to get his trailer to his property. Deputy Slinger also recommended no parking on the street.

C. Resolution Removing the Existing Loading Zone on the North Side of Willow Street and Establishing a Loading Zone on the North Side of Willow Street from 75 Feet West of the Intersection with Main Street.

According to Mr. Breazeale, the new location would be in front of the walkway between Murray’s and the Gazette Times building. According to Council members who have viewed the property, there does not seem to be any problem with the new location.

D) Resolution Adopting the City of Heppner, Oregon Septage Receiving Station Study of 2004.

According to Mr. Breazeale, there will be nothing put into action on this. However, the study needs to be approved by the Council.

PUBLIC HEARINGS CLOSED.

4. COUNCIL ACITON

A. Resolution No. _____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 535 Matlock Street, Map No. 2S 26 35 BC, Tax Lot 3300.

Discussion: Mrs. Robinson stated that she would like to give Mr. Le Doux additional time to complete cleaning his property.

Motion by Mrs. Robinson to allow Mr. Le Doux an additional thirty days to complete the cleaning of his property. Seconded by Tim Van Cleave. Motion Carried.

B. Resolution No. _____ A Resolution Establishing a No Parking Zone the Entire Length of West Street on Both Sides of the Street.

Motion by Mr. Wolff to approve resolution 574-04, to establish No Parking on both sides of West Street as far as the legal street runs. Seconded by Mrs. Doherty. Motion Carried.

C. Resolution No. _____ A Resolution Removing the Existing Loading Zone on the North Side of Willow Street and Establishing a Loading Zone on the North Side of Willow Street from 75 Feet West of the Intersection with Main Street to 100 Feet West of the Intersection with Main Street.

Motion by Mrs. Robinson to adopt Resolution 575-04, to Remove the existing loading zone on Willow Street next to Murray’s and establish a new loading zone on the north side of Willow Street from 75 feet West of the intersection with Main Street to 100 Feet West of the Intersection with Main Street. Seconded by Mr. Wolff. Motion Carried.

D. Resolution No. _____ A Resolution Adopting the City of Heppner, Oregon Septage Receiving Station Study of 2004.

Motion by Mrs. Doherty to approve Resolution 576-04, A Resolution Adopting the City of Heppner, Oregon Septage Receiving Station Study. Seconded by Mrs. Buschke. Motion Carried.

Discussion: Mr. Wolff questioned the procedure for establishing a No Parking Zone on West Street and Mr. Breazeale stated that the City orders the signs and installs them. Deputy Slinger also stated that he has been called to the area several times because of the parking problem.

5. COMMUNICATIONS FROM THE COUNTY SHERIFF REPRESENTATIVE

A. Activity Report. Deputy Slinger stated that he is working with the Sheriff’s Department on the activity reports and getting them submitted in a timely manner. Mr. Van Cleave asked about the dogs on Cowins Street. According to Mr. Van Cleave, the dogs are still at the subject residence. The fence around the property does not keep the female in the property. Deputy Slinger will cite the owners again. Mrs. Doherty asked about the requirements for registering the dogs as dangerous animals, and Deputy Slinger explained the requirements. The dogs need to be licensed as dangerous animals, insurance is required, the dogs must be kept in an enclosure, and the dogs must be muzzled when they are being walked. The expense is quite costly.

B. Police Commission. Deputy Slinger reported the following:

1) Mr. Cowett had received complaints from citizens on lack of patrol. Deputy Slinger stated that the lack of patrol was mainly due to deputies being absent for training.

2) The U-Turn/parking on the opposite side of Main Street issue was discussed by the Commission. Deputy Slinger spoke with Judge Gray on this issue and she stated that she considers this a U-Turn and will uphold this ruling since U-turns are not allowed. At this point, deputies are issuing warnings and will begin citing drivers in the future. Deputy Slinger requested that anyone observing a driver doing this to identify the driver and he will issue a citation. Signs and double-striping Main Street were also discussed by the Commission; however, this needs to be ruled on by ODOT.

3) Bicycle riding on Main Street sidewalks was discussed. Deputy Slinger has given warnings to several children regarding riding their bikes/scooters/skateboards on the sidewalks in downtown Heppner; however, this has led to bike riding on Main Street behind parked cars. The “no bike-riding on the sidewalks” is only in effect on Main Street from May to the Willow Creek bridge. Deputy Slinger stated that the ordinance against bike riding on Main Street sidewalks allows them to impound the bikes for seven days.

4) Mr. Cowett asked to clarify his comments in the Police Commission minutes regarding the sign on the white patrol car. He said the sign should be enlarged so that people could read the word “Heppner” on it.

5) No decision was made on the Willow Street traffic issue. According to Mr. Nelson, the City intends to paint a single center stripe on Willow Street. Deputy Slinger stated that if anyone can identify a driver traveling in the wrong lane on Willow Street, he will issue a citation.

6) School zone signs have not been installed to comply with the new state law, but will be ordered.

C. Code Enforcement. The following properties were identified.

1) 225 Court Street. Deputy Slinger distributed photos of the property, which has been identified as Dan McBride’s storage shed. The main concern on this property is the tall grass which is a fire hazard. There are also several other sheds in this area.

2) Gonty Property on Gale/May Streets. This issue will be brought before the Police Commission for further action.

3) 280 Hill Street. This is County property.

4) End of August Street. This property is located on Kirk Street behind the Walters/Thomson property. There is dry grass, buildings, and an old band saw blade is stored in one of the buildings which is extremely dangerous. There is also a boat parked in one of the sheds.

All of these properties are fire hazards. Mr. Jepsen stated that he would like Mr. Estes to look at some of the sheds in the city. According to Mr. Estes, the fire department can burn these sheds if necessary.

5) 560 Gale Street. This residence is vacant and there are tall weeds and tree sprouts in the yard which is very unsightly as well as a fire hazard.

Motion by Mrs. Robinson that the City take the first step in the Code Enforcement process and send the initial letter to the property owners. Seconded by Mr. Cowett. Motion Carried.

8:25 Meeting recessed. 8:30 Meeting reconvened.

6. COMMUNICATIONS FROM THE PUBLIC WORKS DEPARTMENT.

A) Activity Report. Mr. Nelson reported the following:

1) All the sludge has been hauled and land-applied on Site 2.

2) Over 40% of the water losses have been recovered.

3) The banners are up for the rodeo and the shamrock will be painted on August 12.

4) Some of the lines on the sprinklers at Hager Park have been repaired.

5) Sidewalks throughout the city have been edged.

6) Two meters have been installed by the red barn on Willow Creek.

7) Mr. Van Cleave stated that he has 27 +/- young people in Heppner this week to do community service. Mrs. Robinson suggested having them clean the weeds growing in the sidewalks throughout the city. Also, some of the trees in the city need trimming. According to Mr. Jepsen, there are some unwanted weeds in Heritage Plaza that need to be pulled.

8) The flow meter is installed in the reservoir and is operating. Mr. Jepsen asked about the cleanliness of the water and Mr. Nelson stated that so far, there have not been any more positive (coliform) samples.

E. Water for Little League field. The Utilities Commission has recommended that we allow an additional amount of water over the initial allowance, which amounts to $188.00. Motion by Mrs. Doherty to pay the $188.00. Seconded by Mr. Van Cleave. Motion Carried.

7. COMMUNICATIONS FROM THE FIRE CHIEF

A. Chief Estes reported that they had one large fire, another one in Arlington, and one in Lexington. The fire department tested two smoke detectors in the senior center and they are operational.

8. COMMUNICATIONS FROM THE CITY MANAGER

A. Purchase of Klamath 1^st Building from Bank of Eastern Oregon. According to Mr. Breazeale, this action is still on track. However, it has been delayed because of the bond council. One item that the bond council brought up is the portion of the building that the city is going to lease to the dentist. This does not qualify for the tax-exempt status which was allowed the lower interest rate by the Bank of Eastern Oregon. What can be done is to segregate that portion of the building as a lease income-generating portion and that will be a higher interest rate at 7.5%. The main part of the building at 4.9% and the leased portion is about 9% of the building. Therefore, we are talking $20,000 for that leased portion. It doesn’t have much affect on our total liens. Mr. Wolff asked if the down payment is actually paying for the 9% and we are buying it outright. According to Mr. Breazeale we are looking at financing $217,000. Mr. Wolff stated that he feels that we should try to get a lower rate on the remainder of the building. According to Mr. Breazeale, the dentist has shown an interest in the upper story of the building for expansion of his office. This is a long range plan and does not need to be considered at this time.

B. Flood Study. Mr. Breazeale reported that they are still working on the Mapping Activity Statement. Changes have been made and a new document will be sent to the city for signature. This is expected this week.

C. Land use Committee. Maps will be coming to document the proposed expansion. Letters will be sent to property owners, another meeting will be held. After there is sufficient support to indicate that people want to go forward, then the formal public process will begin. Findings will need to be made as far as the state goals before the property can be put into the Urban

Growth Boundary. Morrow County is suggesting hiring this done. This is a joint operation between the County and City and we are looking at a total of about $1500 which will be split by both entities. Mr. Wolff asked what the anticipated public support would be and Mr. Breazeale stated that it would have to be over 50%.

D. Resolution No. ______, A Resolution Authorizing Establishing a Checking Account with the Bank of Eastern Oregon for the City of Heppner Water Improvement Project. According to Mr. Breazeale, the city treasurer would like to have a separate checking account to monitor expenses for the project.

Motion by Mr. Van Cleave to approve Resolution No. 577-04, authorizing establishing a checking account with the Bank of Eastern Oregon for the City f Heppner Water Improvement Project. Seconded by Mrs. Doherty. Motion Carried.

E. Resolution No. _____. A Resolution Approving Accounts Payable for Payment.

Discussion: Mr. Wolff questioned the bill for Dale Bates According to Mr. Breazeale this bill is for the new system for the next year. Mr. Wolff also questioned the Denny Culp Machine bill. According to Mr. Breazeale this was for fire truck repairs. In answer to Mr. Wolff’s question on the bill for Murdock Inc., Mr. Breazeale explained that this was for parts for the water fountain.

Motion by Mr. Wolff to approve Resolution 578-04, approving accounts payable for payment. Seconded by Mrs. Robinson. Motion Carried.

G. Statement of Indemnity for the Parade. According to Mr. Breazeale, this is a standard form that ODOT requires for all parades. This states that the City indemnifies ODOT from any claims that may result from the construction, installation, maintenance, repair, and removal of signs and barricades. Mr. Breazeale is asking for official sanction by the City to allow him to sign this. The City does handle the traffic control. Mr. Creasing stated that he has examined the document and there is no problem with signing the document.

Motion by Mr. Wolff that the City Manager be empowered to sign the liability release for this upcoming parade and for future parades that the City Manager deems to fall under the good of the community. Seconded by Mrs. Doherty. Motion Carried.

9. COMMUNICATIONS FROM THE CITY ATTORNEY. Mr. Creasing reported the following:

A. Wilkinsons are changing water lines around on their property. He has received a counter-proposal from their attorney. Negotiations are ongoing. One of the items they are considering is moving the domestic water supply off of the livestock section. This will take some time, depending on the mechanics of moving the pipes around.

B. On the collapse of the Hinton Creek Bridge, the attorney wants to meet one more time with the engineer on sorting out costs and liability. This is under negotiation.

C. Mr. Wolff asked Mr. Creasing to briefly identify himself. Mr. Creasing stated that he is Kuhn & Spicer’s associate working out of Hermiston. He expects to be in Eastern Oregon forever. He lives in Hermiston.

10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

Mr. Cowett announced that after much consideration, he has decided not to run for a City Council Position this next term. He has no recommendation for his replacement. Mr. Nelson suggested advertising on the local cable channel and in the Gazette Times that there are positions available. Mr. Wolff volunteered to investigate this. Ms. Devin requires the candidate packets turned in to City Hall by August 20, 2004 for processing.

Meeting adjourned by Mayor Jepsen at 9:12 PM.