MINUTES OF THE CITY COUNCIL MEETING

MINUTES OF THE CITY OF HEPPNER

CITY COUNCIL MEETING

June 9, 2003

PRESENT:

Mayor Bob Jepsen

City Manager, Jerry Breazeale

Public Works Representative, Roger Ehrmantraut

Deputy Randy Rayburn, MCSD

Morrow County Sheriff, Verlin Denton

Rusty Estes, Fire Department

Council Members

Judy Buschke

Tim Van Cleave

Cindi Doherty

Merle Cowett

Kay Robinson

Tom Wolff

Visitors:

David Sykes, Heppner Gazette

Verde Hager, Private Citizen

1. GENERAL BUSINESS:

A) Call to Order. The meeting was called to order by Mayor Jepsen at 7:00 PM.

B) Pledge of Allegiance to the Flag. Mayor Jepsen led the Council and visitors in the Pledge of Allegiance to the Flag.

C) Announcements:

- Mayor Jepsen announced that 4 council members were present with Ms. Doherty’s arrival expected later in the meeting. Mayor Jepsen also introduced the guests, Mrs. Verde Hager, and Mr. David Sykes.

- Mr. Breazeale reminded those present of the special Council meeting on June 23, 2003. At this meeting, the Council will vote to adopt the Transportation System Plan, the Downtown Development Plan, Code Amendments, and the Comprehensive Plan.

D) Appointment of City Council Member to fill Vacancy. Mayor Jepsen stated that he has reviewed the applications and selected Mr. Merle Cowett. Mr. Van Cleave moved that the Council approve Mr. Cowett’s appointment. Seconded by Kay Robinson. Motion Carried.

E) Oath of Office for Appointed Council Member. Mayor Jepsen administered the oath of office to Mr. Cowett.

F) Approval of the Minutes from the May 12, 2003 Council Meeting. The May 12, 2003 minutes were reviewed, and several changes made:

Page 2, line 2, change AHV to OHV.

Page 5, line 15, Change to read: “Cleave questioned how big the insurance bills are and………….”

Page 5, Item 8, para D, line Change to read “. . . . . . presented to the committee . . . .”

Page 6, Item 10, para A, line 1, Change to Read “Mayor Jepsen presented . . . .”

Page 6, Item 10, para C, second item, last line, Change to read “ . . . . . . . does not want handicapped access. . . . “

Mr. Wolff moved to approve the May 12, 2003, minutes as corrected. Seconded by Judy Buschke. Motion carried.

G) Report from the Planning Commission. Mr. Breazeale stated that he would like members from the planning commission to be in attendance at the June 23 Council meeting which is a special meeting being held to finalize the City Council adoption of the Transportation System Plan, the Downtown Development Plan, Code Amendments, and the Comprehensive Plan. Mr. Wolff noted that one change in the May 5 Planning Commission Minutes needed to be made: Last item, line 2 needed to have the work “along” inserted after property.

H. Correspondence. None.

2. COMMUNICATIONS FROM THE PUBLIC.

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

- Mrs. Verde Hager attended the meeting to request assistance in banning exhaust (jake) brakes within the city limits of Heppner. According to Mr. Breazeale, this issue is being worked on at the Police Commission level and they are drafting an ordinance to make the use of exhaust breaks illegal within the city limits. Deputy Rayburn stated that he would like to see that the exhaust breaks are muffled, or not used at all in the city limits, and feels that the city should adopt an ordinance. Mayor Jepsen asked if it could be enforced only at night and Mrs. Hager felt it should be enforced at all hours. Mrs. Hager asked where the city limits started and Mr. Breazeale stated that they start at approximately Dr. Norene’s property, 840 Heppner-Spray Highway (east side of the road) and Mike Mill’s property, 610 Heppner Spray Highway (west side of the road). Deputy Rayburn would like the State Highway Department to change the speed limits to a graduated limit of 45-35-25 mph and will work on this. The Council agreed by consensus to have Deputy Rayburn pursue this. Mr. Breazeale stated that the soonest this could done would be July 14.

3. PUBLIC HEARINGS

A) Public Hearing Regarding Abatement of Nuisance at 165 Linden Way, Map #2S 26 26CC, Tax Lot 6402, Paul Breeding Residence. Deputy Rayburn stated that the vehicles now have tires on them, but no other action has been taken. He received a letter that Mr. Breeding is undergoing medical treatment in Walla Walla. Due to this Deputy Rayburn asked if the council would approve granting them another thirty days to complete the work. Mr. Wolff checked the property today and stated that they have cleaned out the trash in front of the house and stacked it on the handicapped ramp. In his opinion this does not accomplish much.

B) Dangerous Building at 535 E. Matlock Street, Map No. 2S-26-35BC, Tax Lot 2200, John Le Doux. Children were playing in the burned out residence and the property is a hazard. Mr. Le Doux has taken down the hazardous portion of the structure and the remainder has been fenced off, no trespassing signs installed, and yellow barrier tape surrounds the property. Mr. Van Cleave stated that he would like to locate a large dumpster for use in the remainder of the cleanup. Green’s Garbage Service does not handle these and Mrs. Hager stated that there is a waste removal business in Hermiston. Fire Chief Estes stated that Mr. Le Doux will need a dumpster shortly since the burning season is ending. Mr. Wolff stated that there are people in the community willing to help Mr. Le Doux with the cleanup. Mr. Le Doux would like to leave the lower walls standing so that he can rebuild and Deputy Rayburn has concerns about liability and insurance. There are problems with accomplishing the cleanup since Mr. Le Doux wants to sort through the debris before disposing of it. Mr. Van Cleave feels that he could get some of his church members to help Mr. Le Doux and they would be covered for insurance. Mr. Wolff expressed concerns that Mr. Le Doux will not be able to obtain financing to have the house rebuilt. Deputy Rayburn does not feel that there is a danger at the property at this time. Mr. Van Cleave will take care of locating a dumpster, etc. Mr. Cowett stated that the Hermiston company charges quite a high fee for the use of their dumpsters.

C) Resolution Adopting Sewer Usage Charges. Mr. Breazeale stated that the proposed increase of $1.00 per month per R factor for each account is included in the 2003-2004 budget.

D. Resolution Adjusting Water Usage Rates and Repealing Resolutions 5-4-87, 245-96, and 498-2002 in Conflict Therewith. This is the resolution to adopt the published water rates for the next fiscal year. Mrs. Buschke asked why the commercial usage would cost $35.10, even though there might be less water usage. Mr. Breazeale explained that these rates are higher due to fire codes and water storage required for this.

E. Resolution Declaring the City’s Election to Receive State Revenues During Fiscal Year 2—2003-2004. No discussion.

F. Resolution Adopting the City of Heppner Budget for the Fiscal Year Commending July 1, 2003, Making Appropriations, and Imposing and Categorizing Taxes. No discussion.

PUBLIC HEARINGS CLOSED.

4. CITY COUNCIL ACTION.

A) Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. Mr. Wolff moved to allow the Breedings an additional thirty days to complete cleanup of their property. Seconded by Mr. Van Cleave and Mrs. Robinson. Motion Carried.

B) Resolution Declaring a Dangerous Building at 535 E. Matlock St., Map No. 2S-26-35BC, Tax Lot 3300. Mr. Wolff moved that this action be tabled for thirty days. Seconded by Mrs. Robinson. Motion Carried.

C) Resolution No. 529-2003, A Resolution Adopting Sewer Usage Charges. Mrs. Robinson moved to approve the increase. Seconded by Tim Van Cleave. Motion Carried.

D) Resolution No. 530-2003, A Resolution Adjusting Water Usage Rates and Repealing Resolutions 5-4-87, 245-96, and 498-2002 in Conflict Therewith. Mayor Jepsen feels that the council should approve the published rates and re-look the situation at a later date when the amount of revenue generated has been determined. Mr. Wolff stated that he has discussed Heppner’s water situation with representatives from Fossil, The Dalles, Stanfield, and Ione and in his opinion, Heppner’s past rates have been lower than the norm and the new rate structure is as fair as those in other cities. Mr. Wolff moved to approve Resolution No. 527-2003. Seconded by Mrs. Robinson. Motion Carried.

E) Resolution No. 531-2003, A Resolution Declaring the City’s Election to Receive State Revenues During Fiscal Year 2003-2004. Mayor Jepsen moved to approve Resolution No. 528-2003. Seconded by Judy Buschke. Motion Carried.

F) Resolution No. 532-2003, A Resolution Adopting the City of Heppner Budget for the Fiscal Year Commending July 1, 2003, Making Appropriations, and Imposing and Categorizing Taxes.

- Mr. Breazeale stated that Sheriff Denton is attending the meeting to discuss the budget. There was a provision in the contract that the Sheriff could submit proposed changes in March of each year. Sheriff Denton sent a letter to Mr. Breazeale on March 23 which was in the file. It contained changes to the submission. The Sheriff’s Department will be receiving a 4% raise and the previous figures were for a 2.5% raise. When they first negotiated the contract, they intended to address maintenance on the vehicles, i.e., tires, repairs. This was the reason for the increase in the budget of $7,655 +/- over the original contract. Mr. Wolff had concerns on the letter and what the figure will be to include the 4% pay raise. Sheriff Denton stated that when the original contract was negotiated, he had no way of knowing what the union was going to do. Along with wages, there will be an increase in insurance costs. Mr. Breazeale suggested that the council approve the sum of $168,609 for this fiscal year and take $17,769 out of the general fund contingency which would leave $109,526 in the contingency fund. The funds for the new vehicle have been approved by the budget committee and should be adequate. Mr. Wolff stated that there has been nothing but positive feedback from citizens on the performance of the sheriff’s department.

- Mr. Wolff moved to approve the budget with the changes stated by Mr. Breazeale. Seconded by Mrs. Robinson. Motion Carried.

Cindy Doherty arrived at the meeting - a full Council is now present.

5. COMMUNICATIONS FROM THE COUNTY SHERIFF

A) Activity Report. The report was reviewed by the Council. Deputy Rayburn stated that seat belt citations have picked up. Mr. Wolff asked what an “invalid check” was. Deputy Rayburn stated that it depended on the situation, i.e., forgery, invalid check, amount, etc.

B) Minutes of the Police Commission Meeting of May 29 were reviewed. Ms. Doherty asked a question regarding the stop sign removal statement in the minutes. Mayor Jepsen stated that this was just a matter of information.

C) Code Enforcement. There are no new code enforcement actions. Mr. Nash is continuing to clean his property on Water Street. Mr. Stillman has cleaning his property.

D) Additional Discussion. None.

6. COMMUNICATIONS FROM PUBLIC WORKS DIRECTOR.

A) Activity Reports. The sewer plant is running well. Sludge season is coming and they should have 2-3 CDL drivers available. The sewer cleaning truck should arrive soon. The gear drive on the commuter broke down and will need to be repaired. A large portion of the Public Works time has been spent on Heritage Plaza. Gale Street will be closed for a period to allow some work to be completed. There are 32 hanging plants on Main Street. A bike rodeo was held at Hager Park last weekend. Mr. Wolff asked if the Heritage Plaza work time was coming out of the budget or grant donation. Mr. Breazeale stated it was city donation. Mr. Wolff asked about the completion date for Heritage Plaza. Mr. Ehrmantraut stated that on Thursday they will be finishing the utilities. Mr. Breazeale stated that the city would be cutting back on the work on the park. Mr. Jepsen stated that there is still quite a bit of work to be done on the park, to include water lines, leveling the property, irrigation system installation, and electrical outlets. So far, all of this is still paid from the grant money. Mr. Wolff had questions on the utilities commission minutes and wanted to clarify that the power poles might stay.

7. COMMUNICATIONS FROM THE FIRE CHIEF. Nothing new to report. Burn bans should be in effect next week. Negotiations are still in progress on combining the rural/city fire departments.

8. COMMUNICATIONS FROM THE CITY MANAGER.

A) Resolution No. 533-2003, A Resolution Approving Accounts Payable for Payment.

(1) Mr. Breazeale had concerns about the Alpine Concrete bill. This was for concrete at Heritage Plaza. Miller Concrete total is not available. The total expended for concrete is $12,045.50. Grant funds are available of $35,624 so there are funds available to pay these bills. Council members expressed the opinion that the National Guard was a great help. They finished their work so that the project can be completed under cost. Mayor Jepsen stated that the National Guard did an excellent job on their portion of the work.

Mr. Wolff moved to approve Resolution 533-2003 for payment of Accounts Payable. Seconded by Ms. Doherty. Motion Carried.

B) Resolution No. 534-2003, A Resolution Authorizing the Treasurer of Morrow County to Invest Funds of the City of Heppner Pursuant to ORS 294-035, 294.124, and Other General Authorizations. Ms. Doherty moved to approve this resolution. Seconded by Mr. Wolff. Motion Carried.

C) Resolution No. 535-2003, A Resolution Approving the Transfer of Appropriations Within the 2002-2003 Budget.

-The sewer department is expending money for chlorine and sulfur dioxide. In order to cover this line item, they are suggesting a transfer into the into the chemical supplies line item.

Mr. Wolff moved to approve this resolution. Seconded by Ms. Doherty. Motion Carried.

D) Mr. Breazeale reported that he has received communications from FEMA on the flood study and their progress to day. The report will be given to FEMA next Monday (June 16, 2003).

9. COMMUNICATIONS FROM THE CITY ATTORNEY. No report.

10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

A) Beautification Commission – Next meeting June 12.

B) Heppner Housing Authority – Bob Jepsen, Chairman, May 27. The next meeting will be held on June 30. Mrs. Murchison has departed and was given a farewell gift. There are three vacancies in the senior center. No one has been appointed to fill Mrs. Murchison’s position. It is being advertised. New blinds have been approved.

C) Additional Discussion.

- Mr. Wolff inquired about the status of Whistling Winds Taxidermy. According to Mr. Breazeale, the tenant has vacated the premises and Mr. Breazeale is investigating the status. Mr. Wolff had concerns about the property taxes and Mr. Breazeale explained that the city has already paid the taxes and still needs to be reimbursed by the tenant.

- Mr. Wolff had concerns about the handicapped access near the tennis courts at the new school building. He has been contacted by citizens who have voiced concerns about the fact that this is not completed. Mr. Breazeale is confident that the contractor is working to remedy this. A function is scheduled at the new building on June 11.

- Mr. Wolff asked for additional discussion on the passage of the water rates. He inquired about the ball park water deeds and whether the city will subsidize them. Mrs. Buschke stated that she feels that there is quite q bit of water waste at the ball parks. Mr. Cowett and Mrs. Robinson stated that there needs to be some sort of controls on the water use. Mr. Wolff asked Mr. Breazeale for suggestions. Mr. Breazeale stated that the biggest question is do we want to do this and where would the funds come from. Mr. Wolff asked how this should be handled since the city has promised assistance on the water rates. He would like the city to meter their activity and use water carefully. Mr. Breazeale furnished detailed information on the usage at the various ball fields and Hager Park. Mr. Van Cleave inquired about what point we would start billing for these services and when meters would be installed. According to Mr. Breazeale, all the ball fields are metered. Mr. Wolff feels the Little League should be contacted to meet with the city council and work out their water usage and the amount of water they should be using. He also had a question on who should pay the bill for Kilkenny field. According to Ms. Doherty, the Little League has an agreement with the high school to do the mowing in exchange for the use of the field. Mr. Wolff asked if Mr. Breazeale could find out how other cities handle the water furnished for the Little League fields. Mr. Jepsen stated that somewhere down the road, there needs to be negotiations on water usage.

Mr. Wolff asked about the charges and if there has been any response. The new rates take effect on July 1. A meter is scheduled for installation. Mr. Breazeale will prepare a history on the meters for the submission at the next meeting. Mr. Wolff stated that this will be a learning experience on the use of water they have to pay for.

Meeting adjourned at 9:05 PM.