MINUTES OF THE CITY COUNCIL MEETING

 June 10,  2002

PRESENT: Mayor Bob Jepsen; Council Members Tom Wolff, Kari Keown, Kay Robinson, Rita Hedman, Tim Van Cleave;  City Manager Jerry Breazeale; Public Works Director Craig Canham; City Attorney Bill Kuhn; Police Chief Merle Cowett.

VISITORS:  Johanne Wood; Verlin Denton, Morrow County Sheriff; Cyde Estes, Planning Commission; Phil Morris, David Sykes, Dr. Wenberg

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1.  GENERAL BUSINESS

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

            B) Pledge of Allegiance.  Mayor Jepsen led the Pledge of Allegiance to the Flag.

C) Announcements: Mayor Jepsen reported that he had provided disposable cameras to two high school students and ask them to photograph areas in the City that they like and areas they feel need improvements.  Mayor Jepsen presented a display of those photographs and said they would be displayed in the Heppner TV window.

City Manager Breazeale presented a new item to be addressed under “Correspondence,” one to be handled under “Communications from the Chief of Police,” and one under “Communications from the Mayor and City Councilors.”

D) Approval of Minutes of May 12, 2002, Council Meeting. Tom Wolff noted that on page 9, the times in and out of Executive session (in at 10:21PM, out at 10:39PM) need to be noted. Tim Van Cleave moved to approve the minutes of the May 12, 2002, City Council Meeting, as corrected, second by Kay Robinson.  MOTION CARRIED.

E)Report from the Planning Commission: Planning Commission representative Cyde Estes reported that Planning Commission Vice Chair Loren Unruh has resigned and she asked Mayor Jepsen if he had selected a new appointee.  Mayor Jepsen noted that the position had been advertised and interested parties have until July 5 to respond. Cyde Estes reported that City Manager Breazeale had reported to the Planning Commission that the City Council  was examining the possibility of reducing the requirements for development.  She noted that the Planning Commission had some thoughts on the subject and would be happy to offer opinions on what such reductions might result in.  Tom Wolff asked how the Planning Commission would anticipate that interaction taking place.  Cyde Estes suggested that the Council could submit questions about which they would like the Planning Commission’s input and the Commission would respond.

      F) Correspondence:  City Manager Breazeale presented the following correspondence:

            Letter from Bud Wenzel, Pastor of the Willow Creek Baptist Church, requesting use of the City Park for a one-week “BackYard Bible Club,” open to the community at large from 9AM to 12PM Monday, June 17^th through Friday, June 21^st.  Motion to approve such use by Tom Wolff, second by Kari Keown.  MOTION CARRIED.

            Letter from the League of Oregon Cities regarding the laws regulating what public officials and staff can do as far as political activities regarding ballot measures and other election issues.

2. COMMUNICATIONS FROM THE PUBLIC

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

Johanne Wood reiterated her concern about the hollyhocks at the intersection of the street near her house which she feels are a sight obstruction and provide a hazard to drivers unfamiliar with the problem.  She requested that the property owner be required to cut down the hollyhocks.  Chief of Police Merle Cowett noted that he has video of the hollyhocks which he will show with the code enforcement  videos.  Kari Keown reported that she had walked around that area at Johanne Wood’s request and had noted that the vegetation did limit visibility.  Tom Wolff reported that he had driven the area and does not believe that the hollyhocks are the real issue. 

        Johanne Woods stated that she has not been able to work out a resolution with the other                        property owner.  Mayor Jepsen deferred further discussion until Chief Cowett presents the video         of the area.

        B)  Requests for animal permit renewal from Tim and Jacque Hedman, 440 & 580 S. Main, (2               llamas); and request for one new animal permit, Chelsey Hedman, 440 S. Main (2 sheep).  Motion         to approve both requests by Kari Keown, second by Tim Van Cleave.  MOTION CARRIED.

3. PUBLIC HEARINGS opened:

Public Hearing Regarding Ordinance No. 535-2002, An Ordinance Continuing the Reserve Fund in Pursuance to ORS 295.525.  City Manager Breazeale asked that the City Council adopt this ordinance which would continue the Reserve Fund which used to accumulate funds from year to year to allow for major purchases, such as the Fleet Reserve, etc.  The Reserve Fund automatically retires after ten years unless renewed.

Public Hearing Regarding Ordinance No. 492-2002, An Ordinance Regarding the Use of State Revenue Sharing.  City Manager noted that the City receives Revenue Sharing funds from the State every year.  The $6000 anticipated revenue for the upcoming budget year has been earmarked for the Chamber of Commerce Fund to provide additional staffing to work on economic development.  In response to a question from Tom Wolff regarding what the funds have been used for in the past, Manager Breazeale said that Revenue Sharing funds have gone directly into the General Fund to be distributed as needed.

Public Hearing Regarding the Adoption of the 2002-2003 Budget for the City of Heppner.

City Manager Breazeale that following publication of the budget, no comments have been received from citizens.  Tom Wolff relayed concerns expressed by three citizens about the increase in sewer rates and proposed increases in water rates and franchise fees.  The comments he had received were, in effect, that as long as the citizens could see pipe going into the ground or backhoes digging up the streets, the citizens would be more receptive to the increases than if they see an additional person mowing lawns.  Tom Wolff’s interpretation of these comments was that people want to see infrastructure improvements for their increased rates.  Manager Breazeale assured the Council that this is what the citizens will be seeing because the Public Works Director’s proposal for the sewer rate increase, for instance,  includes a number of maintenance projects that will be apparent.

Manager Breazeale announced that the Public Works Director has requested a change in the budget to provide for purchase of  front-end loader from the City of Portland Surplus Property.  Public Works Director Canham stated that he has asked to modify his original budget request to increase the parks equipment line item to include the loader.  His plan is to use the loader to improve trails, remove snow, etc.

Public Hearing Regarding the Abatement of Nuisance at 274 N. Main St., Map 2S 26 35 BB, Tax Lot #8000.  Chief Cowett reported that the property has been cleaned up and requires no further action.

Public Hearing Regarding the Abatement of Nuisance at 294 N. Main St., Map 2S 26 35BB, Tax Lot #8100/8100A1.  Chief Cowett reported that the property has been cleaned up and requires no further action.

The property owner, Dr. Wenberg, asked what he needed to do to conform to the City’s requirements and still use a portion of his property for storage.  Manager Breazeale offered to review the pertinent ordinance with him.  Tom Wolff stated that from his viewpoint as long as the property does not provide a fire hazard, harbor rodents or vermin, or stand as a public eyesore, the property owner can use the property for storage.  Dr. Wenberg agreed that he and Manager Breazeale need to review the ordinances.

There was no public testimony.

Public Hearings Closed.

Council Action

A) City Manager Breazeale read the title of Ordinance No. 535-2002, An Ordinance Continuing       the Reserve Fund in Pursuance of ORS 295.525.  Tom Wolff moved adoption of Ordinance          No. 535-2002, second by Kay Robinson.  MOTION CARRIED.

B) Resolution No. 492-2002, A Resolution Declaring the City’s Election to Receive State                    Revenues During Fiscal Year 2002-2003.

    Tom Wolff moved the adoption of Resolution No. 492-2002, A Resolution Declaring the City’s      Election to Receive State Revenues During Fiscal Year 20022-2003, second by Rita Hedman.      MOTION CARRIED.

C)Resolution No. 493-2002, A Resolution Adopting the City of Heppner Budget for the Fiscal         Year Commencing July 1, 2002, Making Appropriations and Imposing and Categorizing              Taxes.

             Tom Wolff moved the adoption of Resolution No. 493-2002, A Resolution Adopting the City of              Heppner Budget for the Fiscal Year Commencing July 2, 2002, Making Appropriations and                  Imposing and Categorizing Taxes amended to transfer $3000 from the General Fund                              Contingency to Parks Equipment, second by Tim Van Cleave.  MOTION CARRIED

4. COMMUNICATIONS FROM THE CHIEF OF POLICE:

         A)  Activity Report:  Chief Cowett presented the first activity report provided by the Morrow                    County Sheriff’s Department for police service.  Chief Cowett reported that the balance of                     the seatbelt grant cannot be transferred to the Sheriff’s Department.  The funds will be                           transferred to another department.  Chief Cowett reported that a patrol car had been                            transferred to the Sheriff’s Department  for detailing as needed. Chief Cowett presented a                     letter from a citizen regarding a goat at large.  The goat was being kept under an animal                        permit issued by the City.  The owner had already received a warning about the animal                          running loose.  Chief Cowett issued two citations based on complaints by two different                            neighbors.  Tom Wolff moved that the permit issued to Jered Wicklund allowing him to keep                 the goat within the city limits be revoked, second by Kari Keown.  MOTION CARRIED.

B)    The next meeting of the Police Commission will be June 27, 2002.

C)    Liquor License Application – Bucknum’s Inc., Off Premises Sales

 Tom Wolff asked for clarification of the intent of the license.  The applicant was not present.  Manager Breazeale noted that the license will be granted (or not) by the Liquor Control Commission and it is the Council’s right to comment or recommend.

 Tom Wolff moved that the City Council indicate their approval of the license application for off premises sales at special events but not for a carry-out privilege, second by Kari Keown.  MOTION CARRIED.

D)    Code Enforcement.  Chief Cowett showed video of 560 Gale Street which exhibits a potential fire hazard.  Tom Wolff moved that the property owner be sent the initial letter of notification in the Nuisance Abatement procedure, second by Kay Robinson.  MOTION CARRIED. 

 Video of the area showing the hollyhocks between the property of Johanne Wood and Eleanor and Tom Gonty was presented.  There was further discussion of the obstruction provided by the hollyhocks.  Chief Cowett recommended that since this disagreement has been going on for a number of years that either the street be vacated and blocked or that it be designated a one-way street from north to south.  Public Works Director Canham also recommended that if the street was designated one-way, it run from north to south.  Mayor Jepsen suggested that the little section of street between the properties be closed and each party could have their own entry to their respective properties.

 Tom Wolff moved that City staff study the situation and within 30 days provide a recommendation to the City Council for resolution of the traffic problem, second by Kari Keown. MOTION CARRIED.

E)    Contract with Morrow County for Police Services.

 City Manager Breazeale reported that the agreement is ready for signatures.  City Manager Breazeale recommended approval of the agreement.  Tom Wolff asked if the contract should read that deputies assigned to Heppner should live within the patrol area rather than within the city as it now reads.  Sheriff Denton said that if the stipulation that deputies live within the city became a serious problem, he would come to the city to reach an understanding.  Tom Wolff pointed out several places in the agreement where he discerned either typographic or grammatical errors.  He also expressed his opinion that the initial recitals seem unnecessary.  City Attorney Kuhn pointed out that recitals are designed to set the historical context of the agreement.

 Dave Sykes asked for clarification of the sections dealing with provision of equipment for the deputies.  Manager Breazeale explained that the Sheriff’s Department will outfit the deputies and will charge the City, that amount being included in the contractual cost.  The City will independently purchase the patrol vehicle.  Tom Wolff asked if there are liability issues with the City owning the vehicle.  Manager Breazeale said the insurance company had said the City would incur no liability through owning the vehicle.

 Rita Hedman moved acceptance of the Intergovernmental  Agreement between the City of Heppner and the Morrow County Sheriff’s Department, second by Tom Wolff.  MOTION CARRIED.

            Sheriff Denton introduced Patrol Sergeant Phil Morris who will be supervising the Heppner                  deputies and will be attending City Council and Police Commission meetings.

COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR:

        A) Public Works Director Craig Canham presented his activity report. 

        B) The next Utilities Commission meeting will be June 20.  Addressing Tom Wolff’s conveyance                 of citizen concerns about rate increases, Director Canham reminded the Council that critical                 maintenance has exhausted the sewer fund for this budget year.

        C) Parks and Lands Commission Meeting – Next meeting June 24.

        D) Director Canham reported that he was able to purchase a dumptruck from Equipment                          Reserve for $5000 from City of Portland Surplus Property.  Director Canham asked for                         Council approval to remove the Ford ½ ton pickup and the old ambulance from the fleet.  He                anticipates getting $1000-$1500 for the Ford.

            Motion to declare the Ford ½ ton pickup and the ambulance surplus property by Tom Wolff,               second by Kari Keown. MOTION CARRIED.

COMMUNICATIONS FROM THE FIRE CHIEF:  None.

COMMUNICATIONS FROM THE CITY MANAGER:

   A)   Motion to approve Resolution No. 494-2002;  A Resolution Approving Accounts Payable                for Payment by Tom Wolff, second by Kay Robinson.  After a brief discussion for                              clarification of some of the bills, the question was called. MOTION CARRIED.

   B)  Motion to approve Resolution No. 495 -2002, A Resolution Authorizing the Treasurer of                 Morrow County to Invest the Funds of the City of Heppner Pursuant to ORS 294.035,                     294.004 (2), and Other General Authorizations by Rita Hedman, second by Kay Robinson.             MOTION CARRIED.

            C) Referring to discussion at the previous City Council meeting regarding the Workers’ Comp.                   rate paid for commissioners, Manager Breazeale reported that the annual rate had been                       reported as a  monthly rate.  The adjustment is reflected in the corrected Resolution.

                Motion to approve Resolution No. 496-2002, Volunteer Resolution for Policy Year 2002-03,                    by Tom Wolff, second by Kari Keown.  MOTION CARRIED.

D)Motion to approve Resolution No. 497 -2002, A Resolution Adopting Sewer Usage Charges    by Kay Robinson, second by Kari Keown.  MOTION CARRIED.

E)City Manager Breazeale referred to discussion at the previous City Council  meeting about     the history of special rates for churches and other entities in the city.  The Resolution is             presented to formulate a policy codifying subsidized water and sewer service.

   Motion to approve Resolution No. 498-2002, A Resolution Establishing a Policy for                   Subsidized Water and Sewer Rates for Certain Types and Classes of Users by Kari                   Keown, second by Tom Wolff.   MOTION CARRIED.

     F)Motion to approve Resolution No.499-2002, A Resolution Approving the Transfer of                     Appropriations Within the 2001-2002 Budget by Tom Wolff, second by Kay Robinson.                  MOTION CARRIED.

      G)Manager Breazeale presented the Financial Report for May 2002.

COMMUNICATIONS FROM THE CITY ATTORNEY: City Attorney Bill Kuhn commented that a review of other citys’ contracts with Sheriff’s Department revealed that the Morrow County  Sheriff’s Department had agreed to a contract providing for an unusual amount of City input and he considers it  very good basis for a working relationship.

9.  COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

       A) The Beautification Commission meeting will be June 13.

              B)  Mayor Jepsen reported that the Heppner Housing Authority will next meet June 24.

Tom Wolff reported that he has resigned from the Willow Creek Valley Economic Development Group due to time constraints.  He attended a meeting in Pendleton last week sponsored by the League of Oregon Cities which focused on deregulation of electric utilities will input cities.  He pointed out that the City’s concern should be the possibility of reduced franchise fees.

             D) Additional Discussion: The City Council expressed its appreciation for the service given to                     the Council by departing members Rita Hedman and Kari Keown.  Mayor Jepsen                                   presented Certificates of Appreciation to the departing members.

            Meeting adjourned 9:09PM