MINUTES OF THE CITY COUNCIL MEETING

 August 12, 2002

PRESENT: Mayor Bob Jepsen; Council Members Tom Wolff, Skip Matthews, Cindi Doherty, Kay Robinson, Marian Murchison, Tim Van Cleave;  City Manager Jerry Breazeale; Public Works Director Craig Canham; City Attorney Bill Kuhn; MCSO Sgt. Phil  Morris; MCSO Deputy Randy Rayburn.

VISITORS: Dave Sykes

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 Breazeale added the following items to the agenda:

Under “Communications from the Public Works Director” under “Additional Discussion,” add three bids for the trenching and backfill on Elder and Stansbury.

Under “Communications from the City Manager,” add discussion of the Rodeo Parade.

Manager Breazeale announced that Dick and Virginia Wilkinson have donated a well and pump to the City for domestic purposes.

D) Appointment of Planning Commission member.  Mayor Jepsen reported that he has, as yet, no recommendation for the position.

E) Approval of Minutes of July 8, 2002, Council Meeting. Tom Wolff noted that his last name was spelled incorrectly on page 1, Cindi Doherty pointed out that her first name was spelled incorrectly throughout.  Tom Wolff moved to approve the minutes of the July 8, 2002, City Council Meeting as corrected, second by Kay Robinson.  MOTION CARRIED.

F) Report from the Planning Commission:  The Planning Commission did not meet in August.

G) Correspondence:  City Manager Breazeale presented the following correspondence:

Notice from LCDC that they will be filing an appeal on Morrow County’s decision to allow the Raceway.

Letter from Willow Creek Realty representing a client who wishes to purchase 40’ of Hager Park which is adjacent to a property they are buying.  Public Works Director Craig Canham verified that this is the approximate site of the proposed BMX Bike track.  City Manager Breazeale noted that Council has never formalized the BMX plan, but public testimony on the subject was anticipated later in this meeting.  Discussion was deferred until that time.

Notice from the Northeast Area Commission on Transportation announcing that Morrow County will host the next meeting on September 5, 2002, at the Port of Morrow. There will be discussion of the present and future transportation requirements in Morrow County.

  Notification of the August 30 deadline for new Bicycle and Pedestrian grant.

Announcement of a new publication on Home Rule for Cities available from The City Center.

Announcement of leadership training opportunities from the League of Oregon Cities.

Announcement of DEQ proposal to adopt rules to establish a new Oregon Air Toxics Program to reduce releases of harmful air pollutants.

2. COMMUNICATIONS FROM THE PUBLIC

A)    Oral communications from the public not on the agenda.

Randy Rayburn reported that he has acquired information on BMX track design.  He said that several young people were scheduled to appear in support of the track, but that this meeting conflicted with football camp.  He presented signatures of interest children and adults.  He noted that Torgeson Trucking has offered free fill dirt.  He said that he believes a BMX track will help alleviate bike traffic on sidewalks and streets.  He asked that the request for sale of 40’ of Hager Park be denied because it would take up a significant portion of the proposed BMX site.  Jerry Breazeale presented a draft of a letter to Torgeson Trucking authorizing them to dump clean fill dirt on the BMX site.  In response to a question from Tom Wolff, Manager Breazeale stated that the City’s insurance carrier had said that the BMX track would require only a minimal increase to cover liability and that that small cost would be more than offset by the benefits to the community of having the facility. 

Skip Matthews moved to proceed with the construction of the BMX bike track and to authorize sending the presented letter to Torgeson Trucking, second by Cindi Doherty.  MOTION CARRIED.  There was a consequent consensus of the Council to deny the request to purchase the 40’ of Hager Park.

Randy Rayburn reported that there has been concern expressed about skateboarding on Main Street.  He asked the Council to consider converting the old pool site into a skateboard park.  Manager reported that several ideas have been suggested for the use of the site, though no conclusion has yet been reached.  Meetings will be held in September to determine use of the site.  It was the consensus of the Council to get more information on the potential use of the site as a skateboard park.  City Attorney Kuhn advised extensive planning to forestall liability.  It was noted that young people are already skateboarding at the pool site and it was determined that the site should be posted for no trespassing until proper facilities were installed.

B)  Request for animal permit from Betty Wilhelm, 105 NW Gale, for one horse.  Motion to approve by Tom Wolff, second by Tim Van Cleave.  MOTION CARRIED.

3. PUBLIC HEARINGS opened:

A)Public Hearing regarding proposed first supplemental budget for fiscal year 2002-2003.

Manager Breazeale clarified that the supplemental budget is necessary to be able to spend the $18,000 grant for the fire district,  the $15,000 grant for Riverside and to carryover unspent funds for the Court Street project.

B)  Public Hearing regarding enforcement of Ordinance No. 474, the City Nuisance Ordinance, on property described as 505 Elder Street, Map # 2S 26 26CC Tax Lot 3800.  Deputy Rayburn reported that this property has been cleaned up.

C) Public Hearing regarding enforcement of Ordinance No. 474, the City Nuisance Ordinance, on property described as 275 N. Church Street, Map # 2S 26 27DD Tax Lot 4200.  Deputy Rayburn reported that this property has been cleaned up.

D) Public Hearing regarding adoption of Ordinance No. 537-2002, an Ordinance Correcting Ordinance Number 536-2002, Regarding the Columbia Basin Electric Cooperative Franchise Compensation.  Manager Breazeale noted this action is necessary to correct the Ordinance number.

There was no public testimony.

Public Hearings Closed.

Council Action

A) Resolution No. 502-2002, A Resolution Adopting the City of Heppner First Supplemental Budget for Fiscal Year 2002-2003 and Making Appropriations.

Tom Wolff moved to approve adoption of Resolution No. 502-2002, A Resolution Adopting the City of Heppner First Supplemental Budget for Fiscal Year 2002-2003 and Making Appropriations, second by Cindi Doherty.  MOTION CARRIED.

B)City Manager Jerry Breazeale read the title of Ordinance 537-2002, An Ordinance Amending the Columbia Basin Franchise Ordinance No. 536-2002 Regarding the  Columbia Basin Electric Cooperative Franchise Compensation.

Tom Wolff moved to approve adoption of Ordinance 537-2002, An Ordinance Amending the Columbia Basin Franchise Ordinance No. 536-2002 Regarding the Columbia Basin Electric Cooperative Franchise Compensation, second by Cindi Doherty.  MOTION CARRIED.

4. COMMUNICATIONS FROM THE MORROW COUNTY SHERIFF:

A)    Activity Report: 

Deputy Rayburn presented the activity report, noting that juvenile information had been deleted as required by law.  Mayor Jepsen noted that there are still a lot of dog complaints.  Deputy Rayburn reported that the Sheriff’s Department, acting on a tip from an alert merchant had arrested several persons for possession of materials used to make methamphetamines.

B)    The next meeting of the Police Commission will be August 29, 2002. 

Upon reading the minutes of the last Police Commission meeting, Tom Wolff expressed his concern about the destruction of an undocumented rifle in the possession of the Heppner Police Department. Deputy Rayburn explained the law and the process which made the destruction of the rifle necessary.

C)    Code Enforcement. 

Deputy Rayburn showed video of properties at 530 N. Gale (weeds), 123 Linden Way (weeds), 110 Gilmore (weeds), 260 Water Street-lot behind address (weeds), 610 Sperry (abandoned vehicles), the corner of Elder and Quaid (weeds) and the dead locusts at the corner of Matlock and Green.

Skip Matthews moved to initiate Nuisance Abatement process on all properties, second by Kay Robinson.  MOTION CARRIED.

5.      COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR:

A)Public Works Director Craig Canham reviewed his activity report. 

B) Director Canham reported that the Court Street intersection is complete.  Public Works will help finish up the cleanup.  The stop sign will be placed by the State.

C) The next Utilities Commission meeting will be August 15. 

D)The next Parks and Lands Commission Meeting will be August 26.

E)Additional Discussion:

Director Canham distributed three quotes for excavation for 585 feet of water lines between Elder and the State Highway.  Tom Wolff moved to approve accepting the low quote from Ken Bailey, second by Cindi Doherty.  MOTION CARRIED.

6.      COMMUNICATIONS FROM THE FIRE CHIEF:   None

7.      COMMUNICATIONS FROM THE CITY MANAGER:

A)   Motion to approve Resolution No. 503-2002; A Resolution Approving Accounts Payable for Payment by Skip Matthews, second by Cindi Doherty.  After a brief discussion for clarification of some of the bills, the question was called. MOTION CARRIED

B)  Resolution No. 504-2002, A Resolution Authorizing the Mayor and/or the City Manager to Sign Contract Document with OECDD for Technical Assistance, Project no. A03002, ($10,000), City of Heppner, Septage Receiving System Feasibility.  Tom Wolff Moved to approve, second by Kay Robinson.  MOTION CARRIED.

C) Authorize payment of $51,750 to Dice Construction for the Court Street Intersection Project.  Skip Matthews moved to approve, second by Tom Wolff.  MOTION CARRIED.

D) Morrow County Tippage Fee Award:  Manager Breazeale reported the award from Morrow County Tippage Fees of $8,000 for engineering to extend the sewer main to unserved City residents.  Tom Wolff moved to authorize requesting engineering proposals, second by Kay Robinson.  MOTION CARRIED.

E) Manager Breazeale presented the financial statement for June and July.

F) Manager Breazeale asked the City Council to authorize the City to sponsor the Rodeo Parade to provide liability coverage.  Tim Van Cleave moved to approve the City being the sponsor of the Rodeo Parade, second by Skip Matthews.  MOTION CARRIED.

COMMUNICATIONS FROM THE CITY ATTORNEY:

City Attorney Bill Kuhn reported that most of his activity on behalf of the City in July was responding to typical queries from Staff.

9.  COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

A)    The Beautification Commission meeting will be September            .

B)    The Heppner Housing Authority will next meet August 26.  Marian Murchison reported that there is one vacancy.

C)    Additional Discussion:

In response to a query from Tom Wolff, Manager Breazeale responded that there has been no new activity regarding the property which the City had erroneously believed it owned.

Manager Breazeale reported that Heritage Plaza is marked out and work will begin soon on the piers for the bridge

Meeting adjourned at 8:50 PM.