MINUTES OF THE CITY COUNCIL MEETING FOR July 10, 2000

PRESENT: Mayor Bob Jepsen; Council Members: Skip Matthews, Tom Wolff, Kay Robinson, Jerri Sly; City Manager Jerry Breazeale; Attorney Ann Spicer and City Attorney Bill Kuhn; Police Chief Doug Rathbun; Fire Chief Rusty Estes.

ABSENT: Council Members: Tim Van Cleave and Rita Hedman; Public Works Director David Winters.

VISITORS: There were no visitors.

(Unless otherwise noted, "MOTION CARRIED" indicates all in favor.)

1. GENERAL BUSINESS

    A) Call to Order. Mayor Jepsen called the meeting to order at 7:05 P.M.


    B) Pledge of Allegiance. Mayor Jepsen led the Pledge

    of Allegiance to the Flag.


    C) Announcements. Mayor Jepsen welcomed all to the

    Council Meeting. Manager Breazeale announced that the City had received a request for an animal permit from Ashley Wolff. Manager Breazeale also noted that included in the Council's packet were listings of the obligations of the City's bonds, and copies of the latest HCC minutes.


    D) Approval of the Minutes from the June 12, 2000 Council Meeting. Mayor Jepsen asked if there were any corrections to the minutes. Councilman Wolff noted that there should be a correction to page 6, section 6(E). He suggested that the word adequately be changed to "to code." The next correction noted was to page 9, section 10(H). Clarification of the sentence, "Attorney Spicer explained that this was a transfer of property to the City." There was one final correction to page 9, section 12(A). From: "There were to There was." Motion made by Councilman Wolff to adopt the minutes as corrected. Seconded by Councilwoman Robinson. MOTION CARRIED.


    E) Report from the Planning Commission. There was no report from the Planning Commission.


    F) Correspondence. Mayor Jepsen noted that included in the Council's packet was a letter from Verda Hager regarding a problem (she had experienced) with inconsistent/inadequate garbage collection. Manager Breazeale explained that any complaints (regarding Heppner Garbage Service) needed to be submitted in writing. He explained that David Green d.b.a. Heppner Garbage Service was a franchise of the City, and all issues had to be brought before the City Council. Attorney Spicer and Manager Breazeale explained that the Franchise Ordinance was specific as to what services he is to provide. Attorney Spicer noted that procedure called for a letter to be sent to Heppner Garbage Service giving Mr. Green an opportunity to respond (to the City.) Councilman Wolff made a motion directing City Manager Breazeale/The City of Heppner to send Heppner Garbage Service a letter requesting an explanation for inconsistent collection service. Seconded by Councilman Matthews. MOTION CARRIED.


    Mayor Jepsen noted that there was a letter from Sharon Harrison requesting that fellow merchants and neighbors make contributions to "The Heppner Merchants Committee" for seasonal banners to decorate lamp posts along Main Street. The banners would commemorate specific holidays. Manager Breazeale mentioned that the City was not specifically requested to be a contributor, but that the festive appearance of the banners would help stimulate economic development by attracting more tourism. Councilman Wolff made a motion that the City donate $50.00 toward the banner program as an advertising expense. Seconded by Councilwoman Robinson. MOTION CARRIED.


2. COMMUNICATIONS FROM THE PUBLIC.

    A) Oral communications from the public not on the agenda. Mayor Jepsen noted that the City had received a request for an Animal Permit from Ashley Wolff. The request was for one rabbit. Councilman Matthews made a motion to accept the request. Seconded by Councilwoman Robinson. MOTION CARRIED. Abstained: Councilman Wolff.



3. PUBLIC HEARINGS.

    A) Nuisance abatement at 295 South Chase Street, Map 2S 26 35BC, Tax Lot 13200. Chief Rathbun presented a video tape showing "before and after" shots of all properties. This property is owned by Jim Nelson, and occupied by Shirley Harris. Chief Rathbun noted that this property had been cleaned up to code. The Council decided that no further action was necessary regarding this property.


    B) Nuisance abatement at 270 North Chase Street, Map 2S 26 35BB, Tax Lot 2000. Chief Rathbun noted that this property was owned by the Chase Manhattan Bank. The property will be coming up for Public Auction in August. Chief Rathbun commented that there had been no improvements made to clean up this property.


    C) Nuisance abatement at 620 North Main street, Map 2S 26 26CC, Tax Lot 5600. Chief Rathbun noted that this was the Davidson property. Mr. Davidson informed Chief Rathbun that the present tenant would be vacating within the next 30 days.


    D) Nuisance abatement at 165 Linden Way, Map 2S 26 26CC, Tax Lot 6402. Chief Rathbun had spoken with the property owner, Paul Breeding. Mr. Breeding has been working on cleaning up the property, and stated that he would have it cleaned up in a couple more loads. Council will table this temporarily.


    E) Nuisance abatement at 280 Baltimore Street, Map 2S 26 34AA, Tax Lot 1500. Chief Rathbun noted that this property was owned by Paul Lang. There had been no improvements made toward cleaning up.


4. NUISANCE ABATEMENT ACTION.

    A) Resolution No. 425-2000, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. (270 North Chase Street, Map 2S 26 35BB, Tax Lot 2000.) Councilman Matthews made a motion to pass the "Resolution Declaring Certain Property A Nuisance And Ordering Cleanup Of Property." Seconded by Councilwoman Sly. MOTION CARRIED.


    B) Resolution No. 426-2000, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. (620 North Main Street, Map 2S 26 26CC, Tax Lot 5600.) Motion made by Councilman Matthews ordering cleanup of said property. Seconded by Councilman Wolff. MOTION CARRIED.


    C) Resolution No. 424-2000, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property at 280 Baltimore Street, Map 2S 26 34AA, Tax Lot 1500.) Motion made by Councilman Wolff ordering cleanup of said property. Seconded by Councilwoman Robinson. MOTION CARRIED.


5. COMMUNICATIONS FROM THE CHIEF OF POLICE.

    A) Code Enforcement. Chief Rathbun commented that his report was included in the Council's packet. He commented that the Police force was temporarily shorthanded as Officer Sweek was away at National Guard camp.


    Chief Rathbun noted that he had received four more nuisance abatement complaints. He listed and described the following properties:


      1. Property known as 340 Water Street. Mark White occupant. Motion was made by Councilman Matthews to send the occupant a 30 day notice requesting clean up of said property. Seconded by Councilman Wolff. MOTION CARRIED.


      2. Property known as 460 Morgan St. Owner Gary Gaines. Chief Rathbun noted that the problem here was the field (owned by Mr. Gaines,) behind the property which has very tall grass posing a severe fire hazard. Mr. Gaines neighbors were quite concerned. Motion by Councilman Matthews to send the property owner a 30 day notice requesting the clean up of the field. Seconded by Councilman Wolff. MOTION CARRIED.


      3. Property known as 620 North Elder Street. Helen Troxell occupant. Chief Rathbun noted that there was quite a bit of dead grass piled up in the yard. This posed a fire hazard. Councilman Matthews, concerned for fire hazard requested that the Council send Ms. Troxell a letter requesting the cleanup of the piles of dead grass to eliminate any potential fire hazard. Motion made by Councilwoman Robinson. Seconded by Councilwoman Sly. MOTION CARRIED.


      4. Property known as 135 Center Street. Owner Gary McCorkle. Motion made by Councilman Wolff to send the property owner a 30 day notice requesting cleanup of said property. There was some additional discussion regarding the RV parked next to the old Laundromat building. Seconded by Councilwoman Robinson. MOTION CARRIED.


      5. Councilman Wolff commented that there were several empty lots located at the Lakeview Heights subdivision that had tall grass as well. Mayor Jepsen noted that this was within the City limits.


    B) Activity Report. Chief Rathbun commented that the Police Department had cut their mileage due to a reduced budget. Mileage would probably increase in the next month.


    C) Police Commission - Next Meeting July 28, 2000.

    Chief Rathbun mentioned that on the 19th and 30th of July, the Corrections workers will be in Heppner working on the firing range cutting down weeds. They will also be working on the fence at Hager Park.


    6. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR.

    A) Activity Report. Director Winters was not present but his written report was included in the Council's packet. Councilman Matthews complimented City employee, Randy Samples on the fine job he did cleaning up the leak on Rock Street.


    B) Utilities Commission Meeting - June 22, 2000. Next meeting July 20, 2000. There was no additional discussion. Included in the Council's packet was a copy of a Procurement Bidding Sheet for a piece of equipment known as a Vibroplate.


    C) Parks and Lands Commission Meeting- June 25, 2000. Next meeting July 31, 2000. Mayor Jepsen commented that the minutes from the last meeting were included in the Council's packet. Manager Breazeale mentioned the status of the swimming pool demolition. He noted that there were volunteers to do the job, but their job descriptions would need to be defined before putting these commitments to use. Paying for the work would cost approximately $20,000.00. Manager Breazeale thought the City should apply for a grant if choosing the second alternative.

    Councilman Wolff commented on the status of the horseshoe pits at Hager Park. Manager Breazeale stated that he had not heard any new news. Councilwoman Sly mentioned that the Beautification Committee was interested in obtaining a drawing of a map of the park for landscape purposes.


    7. COMMUNICATIONS FROM THE FIRE CHIEF. Chief Estes commented that the Fire Department has had a very busy season so far. He mentioned that they had spent 36 hours at the Hanford fire. There had been numerous brush fires and also two house fires. The Police Department is still investigating both house fires. Chief Estes also mentioned that one of the trucks was down with a bad transfer case. Chief Estes complimented the volunteer fire crew for their hard work. There was some additional discussion regarding the possibilities of making monetary contributions to the Fire Department for services rendered. Chief Estes noted that there were two accounts for the Fire Department. One through the City of Heppner, and the other through the Fireman's Auxiliary.



10. COMMUNICATIONS FROM THE CITY MANAGER.

    A) Resolution No. 427-2000. A Resolution Approving Accounts Payable for Payment. Manager Breazeale noted that enclosed in the Council's packet was a list of current billings. Motion made by Councilman Matthews to pay the Accounts Payable as shown. Seconded by Councilman Wolff. MOTION CARRIED.


    Councilman Wolff voiced concerns that concrete for sidewalk renovation projects was being paid for by the City, not the property owner. He felt that this eroded the City's budget, and the property owner should be paying for the concrete at the time of delivery. Manager Breazeale noted that perhaps some changes would be appropriate, possibly requiring the collection of an estimated payment from the property owner prior to delivery of the concrete, instead of being reimbursed after delivery. Manager Breazeale commented that a sidewalk was on a public right-of-way, and the City (also) benefited from the improvement. He felt that additional discussion and refinement was necessary since the program was relatively new. Chief Rathbun noted that there was an ordinance requiring the property owner to install/repair sidewalks if necessary.


    B) Resolution No. 428-2000. Special City Allotment. Manager Breazeale explained that this was essentially the same as the resolution passed last year, for the application of $25,000.00 from the Special City Allotment program for Water Street. Motion made by Councilwoman Robinson to adopt Resolution No. 428-2000. Seconded by Councilwoman Sly. MOTON CARRIED.



    C) Resolution No. 429-2000. A Resolution Establishing A Loading Zone On The South Side Of Church Street From The Intersection With Gale Street East Approximately 40 Feet, On Sundays From 9:00AM To 1:00 PM.

    Manager Breazeale explained that the City has received a request from the Episcopal Church to obtain the necessary signs. They were also requesting several "handicap parking" signs. The new signs will establish the loading zone. The Police force will then be able to enforce any violations as such. Motion made by Councilman Wolff to adopt Resolution 429-2000. Seconded by Councilman Matthews. MOTION CARRIED.


    D) RARE Application.

    Manager Breazeale noted that RARE stood for: Resource Assistance for Rural Environments. Manager Breazeale shared a copy of the text portion of the application with the Council members. The City is requesting a participant from The University of Oregon program to work with the Willow Creek Valley to market the Willow Creek Valley as a good place to live. The Willow Creek Valley would be marketed primarily through the Internet as a web based plan with a web page. The participant would work with each of the Willow Creek Valley towns,(Ione, Lexington, Heppner,) HEDC, HCC, ICABO, OEDD AND OECD, participating in meetings and building a consensus. Manager Breazeale explained that it would take approximately three months to develop a mission statement, and six months to develop a web page. At the end of a twelve month period this would be a model program for other communities to use.


    E) Business Retention/Expansion Program.

    Manager Breazeale explained that most of the interviews had been completed, and the responses are being tabulated to determine the needs of the Willow Creek Valley. There were specific immediate needs that our local businesses needed assistance with.


    F) Economic Development Activities.

    Mayor Jepsen noted that his last check of Heppner's unemployment status for May 2000, revealed that our unemployment rate was 14%. Councilman Wolff endorsed Manager Breazeale's participation in the Economic Development program.



    G) Heppner Coordinating Council - Oral Report.

    Manager Breazeale noted that copies of the minutes from the last HCC meeting were included in the Council's packet. There is a meeting Tuesday morning, July 11, 2000 at 7:30 AM, at the Heppner Ranger District building. There will be two important subjects discussed, our school district, and hospital district. Manager Breazeale had previously discussed several ideas with superintendent Bruce Anderson, regarding rebuilding public confidence. The Baker/Morrow partnership will also be discussed.


    H) August City Council Meeting - Vacation Conflict.

    Manager Breazeale explained that he had an opportunity to fly to Hawaii with his daughter to visit his parents. His plans to be gone August 12th through August 17th conflicted with the City Council meeting of August 14th. Manager Breazeale requested an approved absence from attending the August 14th Council meeting. Discussion of rescheduling the meeting or having Rene' Devin stand in ensued. The Council agreed to have Rene' stand in for Manager Breazeale for the meeting on the 14th.


9. COMMUNICATIONS FROM THE CITY ATTORNEY.

    A) Right of Way Vacation - Morgan Street.

    Attorney Kuhn explained that he still needed a survey description from the engineering company before finishing this vacation.


    B) Right of Way Vacation - Between Thompson and Bisbee Streets.

    Attorney Kuhn explained that he and Manager Breazeale were still working on defining an easement for the Rock Street sewer line. There is presently no written easement recorded. Attorney Kuhn explained that he had been working with Tom McElligott in developing a written description for drafting an easement.


    C) Four Wheeler Ordinance.

    Attorney Kuhn explained that he had been able to draft an ordinance for the use of four wheelers on City streets. He is presently checking with Bob Kahl to make sure there are no conflicts with the insurance regulations. There was some general discussion involving Pilot Rock's four wheeler ordinance and the State's Motor Vehicle Code, including statutes. Attorney Kuhn offered a definition of Class I and Class II all terrain vehicles, which excluded golf carts by definition.

    All Council members were in favor of pursuing this ordinance. A copy of the ordinance will be published for the next City Council meeting.


10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCIL MEMBERS.

    A) Beautification Commission - Next Meeting - July 13, 2000.


    B) Heppner Housing Authority - Mayor Jepsen, Chairman. Mayor Jepsen reported that the St. Patrick's Senior Center was presently full with no vacancies. Manager Breazeale mentioned that the new owner of Heppner Heating had taken a look at the heat pump at the senior center. He explained that there were significant problems with the unit and it would take a significant amount of money to re-condition the heat pump.


    C) UNOCAL Property Purchase.

    Mayor Jepsen noted that included in the Council's packet was a letter from Commerce Escrow Company regarding recorded documents taking four to six months for delivery. He explained that he did have a copy of the Special Warranty Deed. There was some additional discussion regarding the fencing around the property. Chief Rathbun commented that fencing donations could help with the construction of the City's new dog pound. If the City did not have any use for the used fencing, it could be sold as scrap to someone for the value of removing it. An interested party would have 30 days to remove the fencing. Motion made by Councilman Wolff. Seconded by Councilwoman Robinson. MOTION CARRIED.


    D) Additional Discussion.

    Councilman Matthews commented that the City pool had experienced a tremendous number of start up expenses this year, approximately $6500.00. The new pool cover was one. Also, the heater motor had to be repaired.


    Manager Breazeale explained that the State had plans to widen Hinton Creek between the highway and Riverside. He wondered if the silt removed from the creek site could be used as fill on the UNOCAL property.


    Councilman Wolff mentioned that the Port of Morrow is scrapping the infrastructure of the sawmill building at the old Kinzua Mill site. He was wondering if the metal catwalks could be used as a footbridge across Hinton Creek. Mayor Jepsen mentioned that ADA standards were 36 inches wide.


    ADJOURNMENT: 9:27 PM