MINUTES OF THE CITY COUNCIL MEETING FOR FEBRUARY 8, 1999

PRESENT: Mayor Jepsen; Council Members: McGuire, Sly, Robinson, Matthews Loretta Nairns, Tim Van Cleave; City Treasurer: Rene' Devin; Assistant Police Chief: Merle Cowett; Fire Chief: Rusty Estes; City Attorney: Bill Kuhn; City Manager: Gerald Breazeale; Planning Commission: Andrew Lacey

ABSENT: Public Works Director, David Winters

VISITORS: Cub Scout Pack 661; 2nd year Webelos: Leader, Dan Van Liew; Pack members, Michael Merrill, James Van Liew, Robert Worden; Parent, Bob Worden; 1at year Webelos: Leader, Debbie Peck; Pack members, Justin Gregory, Scott Maker, Quinn Peck; Parent, Seri Gregory

(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 PM.

B) Pledge of Allegiance. Mayor Jepsen asked one of Cub Scouts present, Mike Merril, to lead the Pledge of Allegiance.

C) Announcements - Mayor Jepsen announced that the Cub Scouts were present to learn what goes on at a City Council meeting. Each of the Scouts introduced themselves to the Council. The leaders and parents introduced themselves. Mayor Jepsen introduced each of the Councilors, City Manager, Treasurer, City Attorney, Assistant Police Chief to the troupe. Andrew Lacey was present representing the Planning Commission. Mayor asked if there were any other announcements. City Manager Breazeale stated that he wished to make two additions to the agenda. Under Communications from City Manager, item G, Report of the Rural Futures Forum, and item H, Report on the City Web Page.

D) Oath of Office -

Mayor Jepsen swore in Tim Van Cleave as City Councilor

1. Approval of the Minutes of January 11, 1999.

Motion by Mike McGuire, Second by Skip Matthews.

MOTION CARRIED with Tim Van Cleave abstaining.

1. Correspondence - City Manager Breazeale presented Council with a letter from the Heppner Elementary School. The school was requesting two or three 15 minute parking signs to limit the time people can park near the office. The school offered to provide the labor if the City would furnish the signs. Mayor Jepsen asked Breazeale if he had a recommendation for the Council. Breazeale reported that it was unclear whether the school was asking for signs to be placed on the public right of way or on their own property. If the signs were placed on the public right of way it would require Council action to declare the area a time limited parking zone. The Police Chief has stated that he would not be in favor of establishing a time limited zone as enforcement would be a problem. If the school were requesting the signs for their own parking lot, Breazeale stated that he would recommend approval. Consensus was to furnish the school the signs that had been removed from Main Street in front of the Post Office.

City Manager Breazeale then presented Council with a letter from Doris Brosnan stating that Heppner had no sister City in Ireland. The letter described the concept of developing a sister city in Ireland with a situation similar to that of Heppner. Ms. Brosnan was requesting support from the City Council. Consensus was to lend support to the concept of developing the sister city program.

Breazeale also provided the Council with a letter from City/County Insurance stating that all municipalities must extend medical benefits to same sex partners. We must notify the employees of the opportunity to include same sex domestic partners. Breazeale stated that the partners in a heterosexual relationship are not entitled to the same benefits.

City Manager Breazeale reviewed a letter from G.E.O.D.C. explaining the prioritized SERT list. Under the Other category, number 3, is the Heppner Water System Master Plan. This is a grant request for $7,000. The City could be in a good position to be funded. Mayor Jepsen mentioned that the Heppner Sidewalk Construction Project is listed as number 11 under Community and Infrastructure.

Breazeale referred to another letter that was received from the Umatilla Basin Watershed Council. He mentioned that they have been sending copies of the meeting notices to the City. Breazeale had called the District to inquire if they thought that the City of Heppner was in the Umatilla watershed. He was informed that they knew that we were not but that they wanted us to have the opportunity to know what was going on. Breazeale stated that the Umatilla Basin Watershed Council was working hard to solve the problems regarding water quality in a cooperative effort by the stakeholders. The watershed council is an important means of dealing with water quality issues and particularly for streams that are on the 303d list, or water quality limited. By forming a watershed council to address the pollution issues, it may be possible to remove a stream from the 303d list.

Lastly, Breazeale presented a letter from the First Christian Church requesting the use of the Heppner City Park on Saturday, March 20^th, 1999. They were asking to hold a gospel music concert. A stage would be set up and various performers invited to perform at the event. They stated that they would use only a small portion of the park and that they would cooperate with other groups that may be using the park. Mayor Jepsen stated that he would doubt if the park would get much use at this time of year. He stated that they may continue past 9:00 PM.

Motion by Mike McGuire, seconded by Kay Robinson to approve the use of the park for the event. MOTION CARRIED.

2. COMMUNICATIONS FROM THE PUBLIC

3. PUBLIC HEARINGS - None.

1. COMMUNICATIONS FROM THE CHIEF OF POLICE
2. Approval of liquor license for Chevron Station/Food Mart. Assistant Chief Merle Cowett, explained that this would be a license for the new Chevron Station to sell beer and wine. No alcohol would be consumed on the premises. He stated that there would eventually be a drive through and he was recommending that no alcohol be sold at the drive through. Motion by Skip Matthews to approve the liquor license for Devin Oil Co. Inc. Chevron Station Food Mart. Second by Loretta Nairns. MOTION CARRIED.
3. Assistant Chief Cowett presented a video for "Buckle Up America". He explained that Chief Rathbun had applied for a grant through ODOT to provide funding for officers to enforce the seat belt law. It is in partnership with Buckle Up America and is a Federal Grant administered through ODOT. There is $200,000 for the State of Oregon. They would be running what they call a blitz and there would be three of them. The first one would start Friday February 12. They would run for 9 days each and the next one would be in June, followed by one in September. The State of Oregon, Washington and British Columbia would all be participating at the same time. The purpose is to promote seatbelt safety awareness. Mainly children under the age of 12. He quoted a study that showed that where adults are not buckled up, the children are not either. He stated that in this area adults are frequently not belted and are not requiring their children to wear belts either. The officers doing the blitz will be working on overtime hours and the grant pays for that. The officer participating in the program will not be doing seatbelt enforcement exclusively and will do normal traffic patrol. He explained the Oregon has a primary seatbelt law which gives the officers the authority to stop a vehicle if the officer has evidence that the occupant is not wearing a seatbelt. Assistant Chief Cowett explained that all persons in the vehicle that are not belted could receive a citation. The driver could get an additional citation for not requiring the passengers to use the seatbelts. After showing the video, Assistant Chief Cowett handed out a copy of a letter from President Bill Clinton regarding seatbelts. He also informed the Council that he had attended a class in Eugene on the seatbelt enforcement program. At the class they provided sample news releases which he has used. There have been articles in the paper so the public should not be caught unaware. Cowett explained that there was also planned a presentation at the Day Care Center on the proper use of child restraints. The County Health Department would provide two people who have had training to assist in the instruction. Discussion ensued regarding whether the officers would cite for all offences or would they issue warnings. Cowett explained that it was recommended that citations be issued for all cases of noncompliance. Officers, however, had some discretion when it came to issuing citations. He explained further that they would be taking pre program and post program survey to determine the rate of compliance. He reported that he had just completed a survey, and out of 100 vehicles, 60 drivers were not wearing seatbelts. Of the 40 who were wearing seatbelts, 8 had the seatbelts on wrong, which is also a violation. Improper use of seatbelts can cause serious injury that could be prevented by proper use. The Mayor signed a proclamation supporting and endorsing the public education initiatives of Buckle Up Heppner and encouraging and supporting law enforcement efforts to enforce seatbelt laws.
4. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR.

Public Works Director Winters was absent due to illness in the family. He had furnished City Manager

Breazeale with a handwritten report on department activities. The report itemized the following activities:

Started construction on the Police evidence storage facility. The first inspection had been obtained.

Working on preparing next year’s budget.

Installing utility box on the cab and chassis recently obtained from the State.

Updating the water system maps and obtaining information to load into the computer model.

Repaired water leak at the BP service station and a house on Chase Street.

Repaired fire hydrant that had been leaking on Aikin Street.

Replaced a rusted sink at St. Patrick’s Senior Center.

Working on replacing fence between the Post Office and the Shoe Box and building a brick walkway.

Completed painting all picnic tables and benches.

Working with DEQ on a biosolids management plan and reclaimed water use report.

Reviewed proposals for Water System Feasibility Study.

Reset all of the modems at the wells that were disrupted by the power outages.

Swept Main Street.

6. COMMUNICATIONS FROM THE FIRE CHIEF

Fire Chief Estes reported that he had just returned from a motor vehicle accident just outside of Lexington. He stated that the roads were extremely icy and advised everyone to drive carefully. He reported that they had had 22 motor vehicle accidents last year. Out of those, 8 qualified for rescue life saving where they used the "Jaws of Life". The company that manufactures the equipment sent certificates to the firemen recognizing their outstanding service to the community. Mayor Jepsen stated that the department had some of the best equipment for a fire department of this size, and some of the best firefighters of any town. Kay Robinson stated that the firemen were some of the best anywhere, even before they had the modern equipment.

1. COMMUNICATIONS FROM THE CITY MANAGER
2. Ratification of Contract for Rural Fire Protection

Breazeale stated that the Fire Protection Committee met Jan 28, 1999 to discuss rural and City issues. The committee requested to amend the existing contract to reflect a ten year history rather than an eight year history for determining the rate the Heppner Rural Fire Protection District should pay to the City for fire calls. The remainder of the contract is identical to the existing contract. The contract has been signed by all parties and only needs to be ratified by the City Council. Motion by Kay Robinson, seconded by Jerri Sly to ratify the Contract for Rural Fire Protection of January 28, 1999. MOTION CARRIED.

1. Resolution No. 355-99, A Resolution Approving the Transfer of Appropriations Within the 1998-1999 Budget.

Manager Breazeale explained that expenditures for some budget items were higher than anticipated. It is being proposed to move some money within the funds to increase some line items and decrease others. Treasurer Rene’ Devin explained that the beginning fund balance was about $4,000 more than anticipated. The $3,000 was needed in the Park Materials and Supplies item. The landscaping on Main Street has been taken from this line item since it had not been budgeted for elsewhere. There is still more anticipated expense for the landscaping and without the transfer the line may come up short. Under the Operating Material and Supplies in the Law Enforcement Division some unanticipated expenses including the uniform expense, was the adding of reserve officers. A transfer of $500 from the General Fund Contingency is recommended. Ms. Devin continued that the Law Enforcement Vehicle Expense was being increased by $800 from a transfer from the General Fund Contingency. The same is true for the Fire Protection Division. The vehicles are no longer being serviced by the Public Works Department and are now serviced elsewhere. She is recommending the transfer to cover the additional expenses in this line item. Councilor Matthews made a motion to pass Resolution No. 355-99. The motion was seconded by Kay Robinson. MOTION CARRIED.

1. Resolution No. 356-99, A Resolution Approving Accounts Payable for Payment

Motion by Councilor Nairns, seconded by Councilor Van Cleave to approve resolution No. 356-99. MOTION CARRIED.

D) Authorize City Manager to Negotiate a Contract With Ace Consultants for Water System Feasibility Study. (This item was discussed out of order but is placed here to conform to the published agenda) City Manager Breazeale stated that the Public Works Committee met to review the proposals that had been submitted. Councilor Sly, Public Works Committee Chair reported to the Council that eight proposals had been received. The cost stated in the proposals ranged from $33,000 to a little over $13,000. The proposals were narrowed down to one company out of Beaverton, ACE Consultants. The decision was obtained by evaluating their understanding of the problem, their following the scope of work outlined in the Request for Proposals, their experience with similar projects and their reputation. City Manager Breazeale stated that a qualification based approach was used to evaluate the proposals. Breazeale stated that he had worked with the consultants in the past and was impressed with their work. Breazeale asked Council for authority to negotiate a contract with ACE Consultants. Councilor Robinson made a motion to authorize the City Manager to negotiate a contract with ACE Consultants. Councilor Nairns seconded the motion. MOTION CARRIED.

1. Dog Control Issues (This item was discussed out of order but is placed here to conform to the agenda) City Manager Breazeale stated that this item had been placed on the agenda to remind Council that dog control is still an issue with citizens in the City. He presented an e-mail that he had received from Linda Shaw regarding dog control. Ms. Shaw is asking for more to be done to address the problem of loose dogs in the City. Councilor Nairns stated that she had to agree. Dogs in the back of pickup trucks are a problem. One never knows what the dog will do if one passes too close. Councilor Matthews stated that according to the East Oregonian there is a bill that would require dogs to be tied or caged when in the back of a pickup. Councilor Robinson stated that farmers would be exempt. Assistant Chief Cowett stated that if the bill were to pass, it would be an option that the City could enforce. Cowett stated that loose dogs were definitely an issue. Mayor Jepsen stated that he agreed that walking between two vehicles where a dog is in the back of a pickup is a potentially dangerous situation. Councilor Sly asked if there had been any citations issued regarding dog at large or other dog ordinance violations. Mr. Cowett stated that when a complaint is issued by a citizen, there is a form to complete for the District Attorney’s office. The complainant describes the problem, date and time. When it is given to the Police Department, the officer will issue a citation which is prosecuted by the District Attorney. Several councilors noted that the current process will work only when the owner of the dog is known. Mike McGuire stated that there must be a solution somewhere. Breazeale asked for direction on the issue. Did the Council want him to put together figures for what it would cost to institute an integrated dog control program? Several Councilors expressed the opinion that they had investigated the issue before and it was too expensive. Breazeale stated that because something was investigated once doesn’t mean that there may not be other viable solutions. Councilor Robinson stated that if a feasible solution could be found, she would support it. Mayor Jepsen stated that he thought that the City should run publicity a little longer and have people come in and file complaints. Jepsen stated that if offending owners have to pay a fine of fifty to sixty dollars, they may decide to comply with the law. Councilor Mathews asked if a person signed a complaint, is their name available. Kay Robinson stated that only if a person contests the citation, would the complainant’s name be available. Councilor McGuire stated that when the complainant is known you have the makings of a neighborhood feud. City Attorney Kuhn stated that this was the cheapest way to do some manor of dog enforcement and have some dog control. It was the best program that could be afforded at the time it was developed. Mayor Jepsen stated that the citizens have some responsibility to help enforce the ordinance. Councilor Nairns asked Assistant Chief Cowett whether the police could cite offending owners when they witnessed a dog running off from a persons residence. Cowett stated that in the 19 years that he had been with the City, the only time the leash law was enforced was when a citizen had signed a complaint. Councilor Robinson stated that she sees the same dogs on Main Street every day and nothing is done about it. Attorney Kuhn stated that the problem was one of identification and that means a licensing program. He stated that he had investigated various possibilities in the past and perhaps City Manager Breazeale wanted to look into the subject again. The possibility to cooperate with other cities could be an option worth pursuing. Councilor McGuire stated that dog issues are the number one subject that people come to him with complaints. Councilor Sly asked if the City sold licenses would the money raised go to paying for the cost of running the program. City Manager Breazeale stated that it would depend on how the program was set up. That would normally be the purpose of the licensing, to pay for the cost of tags, impound, dog food, euthanasia etc. There is a cost to administering the program. Councilor Sly stated that if we could get the leash law enforced, there could be some more awareness of the need of owners to restrain their pets. Breazeale stated that he would continue to work on the problem and attempt to provide some solutions. Assistant Chief Cowett stated that they could start to enforce the leash law, but it would be a good idea to provide an article to the newspaper letting people know that the leash law would be enforced. Consensus of Council was to proceed with a newspaper article and subsequent enforcement of the leash law.
2. Evaluation of City Manager City Manager reviewed with the City Council that it would be six months in March since he was hired. The original terms of his employment was that the Council would evaluate his performance after six months to determine if the City wish to continue the employment. Mayor Jepsen stated that traditionally the Council had set a date for the evaluation and advertised that the Council would be meeting in executive session. He asked if the Council wanted to set the date for the meeting. Various options were discussed including meeting in executive session after the regular meeting on March 8, 1999. Consensus was to evaluate the City Manager in executive session at the end of the City Council Meeting on March 8, 1999, contingent on the meeting length.
3. Rural Futures Forum Report Breazeale reported that he had attended the first session of the Rural Futures Forum held in Pendleton over the weekend. This training program was sponsored by Rural Development Initiatives. The workshops are held over four weekends in four consecutive months. Breazeale stated that he was impressed with the quality of the material and presentations. Darrell Raver, along with Breazeale, are the attendees from Heppner. Some of the issues that he and Darrell discussed during the sessions was the Morrow County Health Care District and the Strategic Planning sessions currently under way. He felt that the information received at the workshops would be very helpful in working on these issues. There was also a lot of sharing with other rural communities in common problems and solutions.
1. City Web Page Activity Breazeale reported on the traffic accessing the City web page. Since it has been posted on the internet there have been 285 times the site has been accessed. The minutes of the October Council Meeting had been accessed 45 times, the minutes of November 41 times, and the minutes of December 21times. City Goals was accessed 28 times, the Planning Commission minutes of December 11times. As of the date of the report, the January Planning minutes had not been posted. Also included in the report from the Gazette Times was a history of the time of day, day of the week , and from what country that the site was accessed.
2. COMMUNICATIONS FROM CITY ATTORNEY

City Attorney Bill Kuhn reported on the nuisance situations that he is currently working on. He reviewed the proposed amendments to the ordinance amendment dealing with abandoned vehicles. As proposed, the ordinance would allow one inoperable vehicle outside on private property with a permit. This would allow someone to restore a vehicle inside a building and keep a parts car outside. Councilor Sly asked if there were anything in our ordinances about junk yards in either a commercial or industrial zone. City Attorney Kuhn stated that there was not. Mr. Kuhn asked if the Council wanted to allow more than one inoperable vehicle outside on private property. As constructed, only one vehicle would be allowed with a permit. On discussion, the recommendation was to allow only one vehicle.

Attorney Kuhn reported on the progress on the Rita Heath property cleanup. A payment plan was established for Ms. Heath to pay the City for the cost of the cleanup activity on her lot. Payments have not been made as scheduled. Foreclosure proceedings will be initiated by Mr. Kuhn to recover the cost if that is the will of the Council. Consensus was to proceed with the foreclosure.

1. COMMUNICATIONS FROM MAYOR/CITY COUNCIL MEMBERS.

Councilor Robinson reported that the switchback trail by the dam has been used by horses and they have been doing considerable damage to the trail. She suggested that a sign be posted that states that horses are not permitted on the trail.

Councilor Robinson asked whether the notice being circulated around town regarding gang activity and flashing lights at a vehicle operating without lights

Councilor McGuire suggested that the City consider annexing the Kinzua mill property. He also suggested that the City make sure that we are year 2000 compliant in all of our systems.

Councilor Sly reported that she would be doing a follow up to the Shadow Council project that she had mentioned after the League of Oregon Cities Conference. This would be a project where students would take on the roll of the City Council and would have the opportunity to experience the workings of local government.

ADJOURNMENT.

The meeting was adjourned at 9:13 PM.

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