MINUTES OF THE CITY COUNCIL MEETING FOR June 12, 2000

PRESENT: Mayor Bob Jepsen; Council Members: Tim Van Cleave, Tom Wolff, Kay Robinson, Rita Hedman; City Manager Jerry Breazeale; Ann Spicer for City Attorney Bill Kuhn; Police Chief Doug Rathbun; Public Works Director David Winters.

ABSENT: Council Members: Skip Matthews and Jerri Sly.

VISITORS: Virginia Nairns, Wilbur Jackson, Rod Wilson, and Cyde Estes representing the Planning Commission.

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

1. GENERAL BUSINESS

    A) Call to Order. Mayor Jepsen called the meeting to order at 7:04 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 Rod Wilson had submitted a letter requesting an opportunity to create some improvements at Hager Park. There was also a request from Matthew and Nathan Van Cleave for an Animal Permit for two head of sheep. Manager Breazeale also announced that HCC will be meeting Tuesday morning, June 13th at 7:30 a.m. at the Forest Service conference room.


    D) Approval of the Minutes from the April 10, 2000 Council Meeting. Mayor Jepsen asked if there were any corrections to the minutes. There were two corrections noted. Page 3, section 5. Public Hearings, paragraph A). Omit the word too from the last sentence. Page 5, section 8. Communications From the Public Works Director, paragraph A). Correct a misspelled name to read Wilkenson, sentence thirteen. Councilman Wolff moved that the minutes be accepted as corrected. Seconded by Councilwoman Robinson. MOTION CARRIED.


    E) Report from the Planning Commission. Cyde Estes reported that there was no Planning Commission meeting June 5, 2000. She also mentioned that the new Chairman for the Commission was Tom Sly. Councilman Wolff asked about the outcome of a zoning request to change a section of Gale Street, (specifically 645 N. Gale Street,) from R-2 General Residential, to C-1 Commercial. Commissioner Estes reported that the Commission was not in favor of rezoning that area. The Commission felt that spot rezoning was not the appropriate solution. The owner's primary concern was that of replacing the structure in the event of a natural disaster. Manager Breazeale was elected to write a letter to the owner stating the specifics of replacing the building if such should occur. The present business, Heppner Heating, will continue to do business at that location.


    F) Correspondence. Manager Breazeale noted that he had received a notice from the Oregon Department of Agriculture stating that two Water Pollution Control Facility Permits had been issued to Columbia River Dairy, LLC, and Willow Creek Dairy, LLC; also Sixmile Dairy, LLC. to supply milk and milk products to the new Tillamook County creamery Association cheese plant presently under construction at the Port of Morrow.


2. COMMUNICATIONS FROM THE PUBLIC.

    A) Oral communications from the public not on the agenda. Mayor Jepsen asked if anyone present in the audience wished to come forward at this time. Mr. Wilbur Jackson stated he is requesting a permit to use his all terrain vehicle on public roads. Mayor Jepsen clarified that Mr. Jackson had previously been able to license his ATV for public road use, but the State is presently denying licensing on all ATV's for public road use. Mayor Jepsen stated that the City of Heppner could adopt an ordinance that would allow all ATV's on public roads. Chief Rathbun noted that ATV's would only be able to use the roads during the day, the driver must be at least 18 years old; and the ATV would have to meet the same requirements as a motor vehicle regarding highway regulations for head lamps, turn signals, brake lamps. Attorney Ann Spicer commented that she had not studied the ordinance, so she would withhold comment at this time. Commissioner Estes wondered if golf carts would have the same consideration if they met the criteria and were properly equipped for road safety. She mentioned that perhaps this mode of transportation could be used by people who had disabilities, and were unable to use a motor vehicle. Attorney Spicer noted that there were Class I and Class II all terrain vehicles. Manager Breazeale commented that all that was needed at this time was a consensus of the Council to draft an ordinance.


    Mr. Rod Wilson explained that he had submitted a

    request for four tournament regulation horseshoe pits to be installed at Hager Park close to the little league field on the east end. Manager Breazeale suggested that this request be submitted to the Parks and Lands Commission. Their next meeting would be June 26, 2000.


3. REQUEST FOR ANIMAL PERMITS.

    A) Tim and Jacque Hedman, 440 and 480 South Main Street. Request to keep four llamas.


    B) Nathan and Matthew Van Cleave, 605 East Cowins Street. Request to keep two sheep.


    Councilwoman Robinson moved to grant the renewal of both permits as submitted. Seconded by Councilman Wolff. MOTION CARRIED.


4. REQUEST FOR DISABLED PARKING SPACE.

    A) The Episcopal Church is requesting a loading zone from the southeast corner of Gale and Church Streets extending approximately 40 feet east on Church Street. Hours of use would be between 9:00 a.m. and 1:00 p.m. on Sundays only. Manager Breazeale explained that a resolution would have to be drafted. A report from Chief Rathbun would also be necessary. Manager Breazeale commented that the fact that the space would remain open for loading and unloading and not be dedicated exclusively for handicap parking was a good use of the space. Chief Rathbun explained that there would be a sign erected stating the specifics of time of use. Councilman Wolff moved that the Council allow the Episcopal Church to have their two parking spots restricted to unloading on Sunday mornings as they requested. Seconded by Councilman Van Cleave. MOTION CARRIED.


5. PUBLIC HEARINGS.

    A) State Revenue Sharing.

    Manager Breazeale explained that a Public Hearing

    was required prior to receiving State Revenue

    Sharing. The hearing is for the public to request

    different uses of that money other than those of

    the City. There was no comment.


    B) 2000-2001 Budget.

    Manager Breazeale explained that anything in the

    City's budget was open for comment or explanation.

    There was no comment.


    C) Ordinance No. Improvement Procedure, And Ordinance Establishing Procedures For Establishment Of Local Improvement Districts And For Assessments For Improvements And Declaring An Emergency.

    Manager Breazeale explained that the Hearing for this item was open to comment regarding the passage of an ordinance permitting people to form local improvement districts or for the City to form local improvement districts, outlining the procedure to do so where public improvements can be constructed and paid for by assessments against the property adjacent to those improvements in that district. Councilman Wolff requested definition of "and declaring and emergency." Manager Breazeale explained that the statement was for the immediate implementation of the ordinance after passage, otherwise there was a 30 day waiting period.


    Manager Breazeale also explained that this ordinance could be used if someone was interested in putting in a new subdivision, for street improvements, sidewalk construction, water and sewer line construction and storm sewers could all be financed with bond sales or other financing methods to provide for payment over a ten year period. The improvements could be implemented anywhere the City had jurisdiction. Manager Breazeale further explained that the City needed this ordinance because the State's statutes are not specific and complete enough to form a local improvement district. The City cannot mandate but could propose a local improvement district. More than 50% of the land owners would have to approve the improvement district. The City Council would have to hold hearings and approve the formation of a local improvement district even if 99% of the landowners approved the proposal and 1% did not. In this case the improvement district could be redefined to exclude the homeowner who did not wish to be involved. Mayor Jepsen noted that City Attorney Kuhn had spent several months working on this lengthy proposal. The proposal did however provide a great deal of flexibility. Councilwoman Robinson stated she was not comfortable with the proposal. Attorney Spicer explained that this proposal created options for financing that would not otherwise be available. She noted specific bonds that could not be obtained any other way. This would give a means of putting costs up front and letting people pay it back over a period of time. Manager Breazeale explained that this method allowed for lower interest rates and longer financing times. The benefit for the City is that the overall appearance is enhanced. Without the ordinance, the City would loose its ability to set standards. Mayor Jepsen asked if there were any additional comments regarding any of the previously mentioned topics open for Public Hearing. There were no further comments. Mayor Jepsen then closed the Public Hearing.


6. NUISANCE ABATEMENT ACTION.

    A) Resolution No.____, A Resolution Declaring Certain

    Property a Nuisance and Ordering Cleanup of Property

    at 280 W. Baltimore, Paul Lane owner. Chief Rathbun

    noted that there was an abandoned car and motorcycle

    in the yard, plus tall grass, creating a fire

    hazard. Councilman Wolff moved that the City send

    the occupant a letter requesting clean up within 30

    days. Seconded by Councilwoman Hedman. MOTION

    CARRIED.


    B) Resolution No.____ , A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property at 270 N. Chase Street, the Chase Manhattan Bank, a Gene Lancaster property now in bankruptcy. The property is listed for sale. Chief Rathbun noted that the grass is as tall as the fence, creating a fire hazard. Councilman Wolff moved that the owner and agent be sent a 30 day notice to clean up the property. Seconded by Councilwoman Hedman. MOTION CARRIED.


    C) Resolution No. ___, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property at 295 So. Chase Street, Shirley Harris occupant, owned by Jim Nelson of Lexington. There were used appliances, and several mattresses stacked up in the yard. Councilman Wolff moved that the occupant and owner be sent a 30 day notice to clean up the property. Seconded by Councilwoman Hedman. MOTION CARRIED.


    D) Resolution No.____, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property at 165 Linden Way, owned by Paul Breeding, the property has garbage laying all over the yard. Councilman Wolff moved that the owner be sent a 30 day notice to clean up the property. Seconded by Councilwoman Hedman. MOTION CARRIED.


    E) Resolution No.____, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property at 620 N. Main Street, Eugene Johnson occupant, George Davidson owner, the property has an abandoned vehicle with all windows broken out, up on jacks in the yard. There is another with expired plates. Councilman Wolff moved that the occupant and owner be sent a 30 day notice to clean up the property. Seconded by Councilwoman Hedman. MOTION CARRIED.


    Chief Rathbun commented that both the properties located at 135 E. Quaid Street, and 165 E. Quaid Street had been cleaned up adequately.


7. COMMUNICATIONS FROM THE CHIEF OF POLICE.

    A) Code Enforcement. Chief Rathbun commented that he had "papered" three cars at Royce Fullerton's lot. The three vehicles have since been towed away. All the vehicles presently located on the property are properly licensed.


    B) Activity Report. Mayor Jepsen noted that enclosed in the Council's information packet was the Police Chief's Activity Report. Chief Rathbun commented that a limit for mileage on officers cars had been set to reduce vehicle expenditures to stay within the budget.


    C) Police Commission - Next Meeting June 30, 2000.

    Chief Rathbun mentioned that the Police Commissioner will be gone June 30th, so there will probably not be a meeting held.


8. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR.

    A) Activity Report. Director Winters discussed the meeting he had attended with the State regarding permit on Fairview Way. The State wants the City to bore under the highway to install the necessary pipes. He also commented that he had attended a meeting to discuss options for the old abandoned swimming pool site. Local contractors felt that the building could be demolished and the rubble pushed into the pool for fill. Additional fill would have to be brought in. The east end of the decking may need to be reinforced. The area would then be paved and utilized as a recreation area for basketball courts or tennis courts. Councilman Wolff questioned the helicopter pad being patched. Director Winters mentioned that a hot mix (asphalt) would have to be used. Councilwoman Hedman mentioned that there were several large pot holes in front of her house.


    B) Utilities Commission Meeting - Next Meeting - June 15, 2000. Manager Breazeale commented that the first draft of the water system master plan would be discussed at that time.


    C) Parks and Lands Commission Meeting - Next Meeting - June 26, 2000.


9. COMMUNICATIONS FROM THE FIRE CHIEF.
Chief Estes announced that the Army Corps of Engineers
would be present to teach a water rescue class at 8:00 a.m., Saturday, June 17th. Chief Estes commented that thus far 17 people had signed up. The class could accommodate up to 40 people. He also mentioned that CSEP was scheduled to arrive the 19th and 26th to provide more training with the Fire Department.

10. COMMUNICATIONS FROM THE CITY MANAGER.

    A) Resolution No. 419-2000. 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 Van Cleave to pay the Accounts Payable as shown. Seconded by Councilwoman Robinson. MOTION CARRIED.


    B) Resolution No. 420-2000. A Resolution Declaring The City's Election To Receive State Revenues During Fiscal Year 2000-2001. Manager Breazeale mentioned that this Resolution would need to be passed to make the budget work. Councilman Wolff moved to adopt Resolution No. 420-2000. Seconded by Councilman Hedman. MOTION CARRIED.


    C) Resolution No. 421-2000. A Resolution Adopting The City Of Heppner Budget For The Fiscal Year Commencing July 1, 2000, Making Appropriations, And Imposing And Categorizing Taxes. Manager Breazeale

    explained changes in the budget. He mentioned that the changes were made to reflect both anticipated and actual receipts from CSEP to the Fire District for materials. Specific dollar amounts reflecting insurance reimbursements were discussed. Motion made by Councilwoman Robinson to accept Resolution No. 421-2000 with changes. Seconded by Councilman Van Cleave. MOTION CARRIED.


    D) Resolution No. 422-2000. A Resolution Authorizing The Treasurer Of Morrow County To Invest Funds Of The City Of Heppner Pursuant To ORS 294.035, 294.125, And Other General Authorizations.

    There was no discussion of this resolution. Motion made by Councilwoman Robinson to approve Resolution No. 422-2000 as submitted. Seconded by Councilwoman Hedman. MOTION CARRIED.


    E) Resolution No. 423-2000. A Resolution Approving The Transfer Of Appropriations Within the 1999-2000 Budget. Manager Breazeale explained that this resolution would allow the City to transfer funds within the present budget to make the pieces fit. The dollar amounts were minor. Councilman Wolff moved to adopt Resolution No. 423-2000 as submitted. Seconded by Councilman Van Cleave. MOTION CARRIED.


    F) Heppner Coordinating Council-Oral Report. Manager

    Breazeale distributed minutes from the last HCC meeting. He explained that the agenda items for the meeting scheduled June 13th were: RDI Training, Water System Master Plan, and the conference recently attended by himself. Manager Breazeale commented that HEDC had prepared a brochure on the Willow Creek Valley. Councilman Wolff explained that Doris Brosnan had been instrumental in preparing the brochures. The brochures had then been distributed to seven major employers in the Hermiston, Umatilla, Boardman areas, as well as personnel offices. The brochure described the advantages of living in the Willow Creek area.


    G) Ordinance No. 528-2000. Improvement Procedure. Councilman Wolff moved to adopt Ordinance No. 528-2000. Improvement Procedure for flexibility in financing an improvements within the City of Heppner by creating local improvement districts. Seconded by Councilman Van Cleave. MOTION CARRIED. Abstained: Councilwoman Robinson.


    H) Escrow Documents From Commerce Escrow Company. Manager Breazeale explained that this escrow company was handling the transaction with the Union Oil Company property and the City of Heppner. All that was needed was two signatures. One for the payment shown, and another to amend the agreement showing the title vesting in the City of Heppner A Political Subdivision Of The State Of Oregon. Attorney Spicer explained that this was a transfer property with the City. The City has to accept it before the transfer can be completed. A motion to accept the transfer of the UNOCAL property was needed. Also one authorizing Mayor Jepsen to sign any documents necessary to complete the transaction. A copy of the City Council Minutes will go to the escrow company showing that Mayor Jepsen has the authority to sign the necessary documents. Councilwoman Robinson moved to have the City accept the transfer of the UNOCAL property upon closing, and Mayor Jepsen is authorized to sign all documents necessary to complete the closing procedure. Seconded by Councilwoman Hedman. MOTION CARRIED.


    I) Report From City Manager Breazeale Regarding The Conference Recently Attended. Manager Breazeale explained that the conference discussed ways to retain companies, how to market, and how to evaluate the different merits of companies coming to the area quantitatively and numerically. Manager Breazeale described the conference as exciting and uplifting, perhaps the best conference he had ever attended. He felt that there were a lot of opportunities within our community to build upon. The conference offered opportunities to individuals to become a Certified Economic Developer. Manager Breazeale mentioned that community development was also an important aspect of attracting companies to our community.


11. COMMUNICATIONS FROM THE CITY ATTORNEY.

    A) Right of Way Vacation - Morgan Street. Attorney Spicer explained that a description was needed for the Morgan Street vacation which will have to come from Ferguson Engineering.


    B) Right of Way Vacation - Between Thompson and Bisbee Streets. Attorney Spicer reported that Attorney Kuhn had the vacation ordinance drafted. The advertisement could be made prior to the July City Council meeting. He is working on developing the description for the sewer easement.


12. COMMUNICATIONS FROM THE MAYOR/CITY COUNCIL MEMBERS.

    A) Beautification Commission - Next Meeting - June 22, 2000. There were no meeting held June 8, 2000. The meeting was rescheduled for June 22nd.


    B) Heppner Housing Authority - Mayor Jepsen, Chairman. Mayor Jepsen reported that the St. Patrick's Senior Center was down to one vacancy.


    C) Additional Discussion. Mayor Jepsen explained that he had been to a meeting of the West End Mayors And Management. He reported that he had toured the new Raytheon Facility that is going to burn the nerve gas. Mayor Jepsen also toured the ordinance area. The Mayor reported that 90% of the igloos were empty. This area is known as the "K" Block. It is surrounded by a security fence with censors. Each door has two padlocks and a large block of concrete in front of it. The new plant has first class construction. Councilman Wolff asked questions regarding the disposal of the dunnage. Their present license requires them to burn all the pallets, protective suits, etc. The Depot is requesting a change in their license so that they might put the dunnage back into the igloos and lock it up. The Mayor said that no mention had been made to that effect. There was some general discussion regarding ground saturation and other safety issues.


    ADJOURNMENT: 8:58 PM