MINUTES
OF THE CITY OF
ATTENDEES:
Mayor
City Manager, Jerry Breazeale
Council Members:
Merle Cowett
Judy Buschke
Kay Robinson
Cindy Doherty
Tom Wolff
Tim Van Cleave
City Attorney, Ann Spicer
Bruce Nelson, Public Works
Rusty Estes, Fire Department
Members of the Public:
John Edmundson
Pam Wunderlich
Mark Wunderlich
1. GENERAL BUSINESS
A) Call to Order. The
B) Pledge of Allegiance. Mayor Jepsen led attendees in the Pledge of Allegiance to the flag.
C) Announcements.
1) Mayor Jepsen announced that this is his final Council meeting as Mayor. He presented gifts to Council members.
2) Mr. Breazeale presented an additional item of correspondence from ODOT regarding the speed zone request. ODOT will be installing the signs shortly.
3) Mr. Breazeale announced that a farewell reception for
Mayor Jepsen is planned for
4) Mr. Jepsen asked when the Council would approve going out for bid on the water project and Mr. Breazeale stated that the proposal is not completed and should be ready in January.
D) Approval of the Minutes of the
E) Report from Planning Commission. Dave Fowler reported that the Planning Commission met on December 3. The main topics of discussion were the flood study and information on Measure 37, and its impact on the City and Planning Commission.
F) Correspondence.
1) Letter from Michael Ronkin, ODOT Bicycle and Pedestrian
Program Manager, concerning the Sidewalk project for Gale Street/
2) Letter from Greater Eastern Oregon Development Corporation (GEODC) regarding appointment of a Morrow Cities Representative to the GEODC Board. The letter stated that Rex Mather, Boardman City Manager, is the current representative and has agreed to continue serving as the Morrow Cities representative, if there are no objections.
Motion by Mrs. Robinson to accept Mr. Mather as
3) Notification from
2. COMMUNICATIONS FROM THE PUBLIC.
A) Mr. and Mrs. Mark Wunderlich are attending the Council to address an issue of concern and requested permission to address the Council following the Public Works section of the meeting. Permission granted.
3. PUBLIC HEARINGS.
A) Ordinance No. 549-04 An Ordinance Concerning Real Property Compensation: Adopting Procedures for Processing Claims; and Declaring an Emergency.
According to Mrs. Spicer, City Attorney, this ordinance deals with processing claims under Measure 37. Mr. Breazeale stated that this ordinance was developed using the League of Oregon Cities model ordinance. Mr. Wolff commented that his assumption is that this is a standard ordinance for this issue, and Mr. Breazeale stated that it is.
B) Ordinance No. 548-04 An Ordinance Amending
C) Resolution No. ________ A Resolution Declaring Certain
Property a Nuisance and Ordering Cleanup of Property.
D) Resolution No. ______ A Resolution Declaring Certain
Property a Nuisance and Ordering Cleanup of Property.
E) Resolution No. ______ A Resolution Declaring Certain
Property a Nuisiance and Ordering Cleanup of Property.
Discussion: Deputy Rayburn stated that Item C, is still being worked on and Items D and E are completed. Mr. Wolff commented that on Item E, the stove and other items have been moved to the rear of the property and are not visible from the street and the property looks better than it did.
Mr. Wolff also
commented that
PUBLIC HEARINGS CLOSED.
4. COUNCIL ACTION.
A) Ordinance No. 549-04 An Ordinance Concerning Real Property Compensation: Adopting Procedures for Processing Claims; and Declaring an Emergency.
Mr. Breazeale read the ordinance title to the Council. Motion by Mr. Wolff to adopt Ordinance 549-04, An Ordinance Concerning Real Property Compensation as stated. Seconded by Mrs. Robinson. Motion Carried.
B) Ordinance No. 548-04 An Ordinance Amending
C) Resolution No. ________ A Resolution Declaring Certain
Property a Nuisance and Ordering Cleanup of Property.
Discussion. According to Deputy Rayburn, this action needs to be continued. Council agreed to continue the action for another thirty days.
D) Resolution No. ______ A Resolution Declaring Certain
Property a Nuisance and Ordering Cleanup of Property.
Discussion: Deputy Rayburn reported that this action can be closed. No further action required.
E) Resolution No. ______ A Resolution Declaring Certain
Property a Nuisiance and Ordering Cleanup of Property.
Discussion. Deputy Rayburn reported that the action can be closed, although he will continue to work with the landlord.
5. COMMUNICATIONS FROM THE COUNTY SHERIFF REPRESENTATIVE.
A) Activity Report. The report was reviewed by Councilors. Mr. Wolff inquired about the last initials on the log and what they represented. Deputy Rayburn explained that those initials refer to the dispatcher taking the call. Mr. Cowett inquired whether the Heppner deputies were also working in Boardman and Deputy Rayburn explained that this was a typographical error.
B) Police Commission minutes were reviewed. The next Police Commission meeting will be held on December 23.
C) Additional Discussion.
1) Mr. Wolff inquired about the Breeding Property on
2) Mr. Wolff asked if the diagonal parking issue on May Street was going to be dropped, and Mr. Breazeale stated that it was. However, the City proposes to add additional diagonal parking in the back parking lot on the street side which would provide additional parking for another five vehicles.
6. COMMUNICATIONS FROM THE PUBLIC WORKS DEPARTMENT.
A) Activity Report. Public Works Director Nelson reported that they had a good month. Mr. Harmon has replied to DEQ on the violation at the sewer plant. DEQ agreed with the response.
1) Veterans Day was a success. City workers have been cleaning the streets and burning at the gravel yard. They have completed plumbing at the new public works shop.
2) Fifteen old water meters
have been changed out this month. From January 1 to the
present, they have changed out 53 water meters.
3)
4) The metal bins at the gravel yard have been hauled off and two more delivered.
5) All of the air conditioners in the senior center have been removed.
6) Chad Doherty winterized all the parks. Mr. Nelson,
Mr. Harmon, and Mr. Samples trimmed the trees at the
B) Utilities Commission – Next meeting scheduled for December 16.
C) Parks and Lands Commission – Next meeting scheduled for December 20.
D) Water System Status Report. According to Mr.
Nelson, they had a walk-through with the engineer in preparation
for preparing the documents for bid. Mr. Breazeale stated
that the preliminary plans are being modified, specifications are
ready to go, they have the comments from OECDD, and they have
approval from the Oregon Health Division. Now it is a
matter of making the last changes to the plans and going out to
bid. They are anticipating having to delete some of the
parts of the contract due to raised prices. Bids will be
advertised.
Motion by Mr. Wolff that the Council authorize City Management to
proceed with the water system project going out to bid, to
include advertising, when the time is right. Seconded by
Mrs. Robinson. Motion Carried.
Note: This issue was discussed following the Wilkinson water issue, but in order to follow the agenda is being included at this point.
E) Additional Discussion.
1) Pam Wunderlich addressed the Council on behalf of her family, the Dick Wilkinsons. She provided background on the water issue that has been under discussion since October 2003 with no resolution. The issue is that all of the Wilkinson’s agreements with the City state that they are entitled to receive domestic water without charge. Apparently, there is a refusal to honor the long standing agreements regarding Wilkinson Ranch’s domestic water.
In 1920, the Wilkinsons and the City entered into an agreement wherein exchange for domestic water, the Wilkinsons granted the City the use of the water right and easements for the pipeline laid over Wilkinson property. A small piece of property with a well on it at the forks of Willow Creek was quit-claimed to the City for no consideration other than the delivery of free domestic water to Wilkinsons.
A subsequent agreement included a second well on a different
property location. All rights from the preceeding agreement
were preserved. This 1952 agreement granted the City the
use of the water right for the second well with ingress and
egress to the well situated on Wilkinson land. This
agreement clearly stated that the City would furnish water and
gave first right to purchase back the well should it ever be
permanently abandoned. In 1959, the City changed the
location of its main line due to the new
This past year, the City notified the Wilkinsons that they should not have free domestic water, but their use should be limited to an amount based on what an average city lot uses with any excess to be charged at the published rate. The 1959 contract states that the water used on domestic taps shall be without charge provided all water to be used only for domestic purposes and not for field irrigation. It also states that in the event of a severe water shortage wherein Heppner prohibits in-city irrigation, that Wilkinsons would also cease to water their lawns during the shortage.
In October 2003, the Wilkinsons were informed that “free
domestic water” was interpreted to be “reasonable usage
allowed” and any domestic water usage beyond that used on an
average city lot would be considered excessive. The letter
stated that the City is not obligated or required to furnish any
water outside the
A few months ago, the Wilkinsons were again advised that they would have no guarantee of continued service, quantity, or quality of water. They were also told that the City’s obligation was to allow them taps, not water. At all times, since the beginning of this, the Wilkinsons have referred to the language of the existing contracts that state that delivery of domestic water shall be without charge. According to Mrs. Wunderlich, the City has threatened litigation or arbitration if Wilkinsons do not give up rights established by contract.
Mrs. Wunderlich stated that they are aware that the City has gone to considerable work and expense to fulfill their contractual obligations, including installing meters for the taps at Wilkinson Ranch. Likewise, the Wilkinsons have installed anti flowback devices, separated domestic water systems from agricultural use, repaired numerous leaks and installed newly developed non-electric anti-freeze float valves at considerable expense in time and money.
Wilkinson Ranches would like very much to return to their long-standing tradition of cooperation with the City and have both parties abide by the covenants of their existing contracts.
Mr. Breazeale asked if this issue could be discussed in open Council, and according to Mrs. Spicer, this can be discussed in open council even if it is against the advice of the City Attorney. Ms. Spicer acquiesced to this. She will check with City Attorney Kuhn to determine the current status of negotiations with the Wilkinson’s attorney.
Motion by Mr. Wolff that the Council instruct the City Management and City Attorneys to work with Wilkinson Ranches post-haste in working out amiable agreements fulfilling the obligations of both parties and the facts obligated to both parties under the current contracts that are in place and have been in place.
Discussion: Mayor Jepsen stated that he thought the issue was being worked out between the attorneys. Mr. Wunderlich stated that their understanding was that domestic water was being provided at no charge. Mayor Jepsen asked if the Wilkinsons were paying for water now, and Mr. Wunderlich stated that their free usage is being limited. Mrs. Spicer stated that part of the negotiations process is to define domestic water use. This is still being negotiated. According to Mrs. Wunderlich, domestic water is defined as water that is used by the household and for watering the lawn. Mrs. Buschke asked why the City is having to make this determination now when it has worked for all of these years. According to Mr. Breazeale, the City has never said that there should be a charge for domestic service, and they have never charged for it. There are some problems with the old agreement and the way it is written. The City is operating under the old agreement while trying to get a new agreement that is clearer on the definition of domestic water and also will work for both parties.
The City does not deny their obligations under the existing agreement, and neither do the Wunderlich/Wilkinsons. Both parties are trying to reach an agreement that works in the best interest of all parties. According to Mr. Wunderlich, they do not wish to change the contract. Mr. Van Cleave stated that it appears to him that there is more definition that needs to be clarified in “excessive use” not necessarily domestic use. Mr. Wunderlich stated that they are now being monitered by meters and if there is a problem, the metering will show it and they deal with it. According to Mrs. Spicer, this is what brought some of these issues to a head when they started getting meters installed and they discovered that there was a lot of water going “somewhere.”
Mr. Wolff re-stated his motion: Motion by Mr. Wolff that the Council instruct the City Management and City Attorneys to work amiably with Wilkinson Ranches and the parties involved to solve the issues at hand under the original contracts currently on file. Seconded by Mr. Van Cleave. Motion Carried.
Mr. Wunderlich stated that the cooperation by the City has been appreciated.
2) Mr. Wolff inquired about
the electrical fault on
7. COMMUNICATIONS
FROM THE
A) Chief Estes reported that last Sunday, they burned a
house on
B) The CIS inspector visited the fire department. They passed inspection with only two deficiencies which have been corrected. During the past year, they had 59 page-outs, 49 calls not paged out, 15 car wrecks, 16 rural calls, 10 city calls, 5 assisted air life, 5 secure landing zones, 3 vehicle fires, 2 water rescues, 1 false alarm, 3 mutual aids, asked for mutual aid one time, 2 chemical spills or smells, 3 flue fires, and 3 search and rescue assists to the Sheriff’s Department. All of these calls were responded to by volunteers. There are 23 people in the department now, 3 positions for junior firefighters have been added.
C) Mr. Wolff inquired about the City’s claim which was paid in April last year and encouraged the Fire Department to submit their invoices earlier since funds are now available. This refers to the Rural Fire Protection District invoice.
D) The fire department has been cleaning the property at the old Gazette Times location.
8. COMMUNICATIONS
FROM THE
A) Flood Study. Mr. Breazeale reported that they are still in the review process for the hydrology. He has been notified by the reviewer for Michael Baker Engineers that he will not have this completed until December 20. Mr. Breazeale expects a reduction in the estimated volume in the Ione area.
B) Land Use Committee – UGB adjustment project status report. Mr. Breazeale reported that there has been no change as of this date. The City Attorney has advised that the City may want to move cautiously on any UGB change with Measure 37 implementation. The City is also waiting for a decision from the golf course as to whether they want to be included. Mr. Wolff stated that the golf course annual meeting is the last week in January and this issue will be voted on at that time.
C) City Lease of Property from the
Discussion: Mr. Wolff voiced concerns that Public Works should do a walk-through of the property to determine if there are any liability issues. According to Mr. Breazeale, the City Attorney has reviewed the document.
Motion by Mr. Wolff to adopt the lease with any corrections or additions our attorneys may deem prudent. Seconded by Mrs. Buschke. Motion Carried.
D) Intergovernmental Agreement, Water Use Committee. Mr.
Breazeale explained that this is a committee that has been
meeting to determine
Motion by Mr. Wolff that the City Council instruct the City Manager to sign the agreement. Seconded by Mr. Cowett. Motion Carried.
E) Resolution No. _____, A Resolution Approving Accounts Payable for Payment. Mr. Wolff questioned the Heppner Volunteer Fireman bill. According to Mr. Estes this is for training.
Motion by Mr. Van Cleave to approve Resolution No. 586-04 approving Accounts Payable for payment. Seconded by Mrs. Robinson. Motion Carried.
F) Contract for Janitorial Services. Mr. Breazeale reported that the City had requested proposals for the cleaning of the new City Hall. The lowest bid came from Kelly Fritz. She has met her insurance requirements. This is a new requirement since, in the past, Public Works has done the cleaning. Mrs. Fritz has started her own janitorial business and previously worked for Clean and Clear Maintenance. Three individuals responded to the proposal request. Mr. Breazeale is recommending that the City approve Mrs. Fritz.
Motion by Mr. Van Cleave to accept Mrs. Fritz’ proposal. Seconded by Mr. Wolff. Motion Carried.
Mr. Wolff asked if there is a review procedure for the service and Mr. Breazeale stated that there is.
G) November Financial Statement. Mr. Breazeale reported that there were no concerns and that the city is still in good financial shape.
H) Acceptance of Financial Statements and Independent
Auditors’ Report
Motion by Mr. Wolff
that the Council accept the financial audit report as of
I) Additional Discussion:
1) Mr. Breazeale reported that on
9. COMMUNICATIONS
FROM THE
Mrs. Spicer reported that they are continuing to get more details on Measure 37. More information should be available by the next Council meeting.
10. COMMUNICATIONS
FROM THE MAYOR/
A) Beautification Commission. Next meeting to be held
on
B) Resolution Canvassing the Results of the
Motion by Mr. Wolff
to approve Resolution 587-04, a Resolution Canvassing the Results
of the
C) Replacement for vacant Council position. Mayor Jepsen announced that this meeting is the final meeting for Mr. Van Cleave as a Councilor before he assumes the position of Mayor. Council members agreed to allow the position to be advertised and applications presented at the January council meeting. A special Council meeting may be required. The position will be advertised in the Gazette Times and on Channel 3. Mr. Breazeale added that he would like Mr. Cowett to attend the January Council meeting.
D) Heppner Housing Authority. Three vacancies in the
E) Mayor/Councilor comments. Mayor Jepsen announced
that this is his final meeting after 12 years as Mayor and he has
only missed one Council meeting during that time. He
thanked Council members for their support. He also stated
that there were two or three disappointing things while he was
Mayor. One was when a former City Manager had dismissed one
of the employees, who then took his life. Mayor Jepsen also
stated that the loss of the accountability camp in Heppner was
disappointing. This would have resulted in additional
growth and jobs for the City. The third item was the
downsizing of the water project. Mayor Jepsen wished
everyone well with the project, and wished the Council well in
the future. Mr. Van Cleave presented a plaque to Mayor
Jepsen, and announced that there will be a no-host dinner in Mr.
Jepsen’s honor at the Episcopal Parish Hall on
Meeting adjourned at