MINUTES OF THE CITY COUNCIL MEETING FOR MARCH 13, 2000


PRESENT: Mayor Bob Jepsen; Council Members: Skip Matthews, Tim Van Cleave, Rita Hedman, Tom Wolff, Kay Robinson, Jerri Sly; Police Chief Doug Rathbun, City Manager Jerry Breazeale, City Attorney Bill Kuhn.

ABSENT: Public Works Director Dave Winters.

VISITORS: Dan Crouse, Kathie Maben, John and Debbie Cramer, Johanne Wood, Betty Wilhelm, Tom Gonty, Pam Schmidt.

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

1. GENERAL BUSINESS
A) Call to Order. Mayor Jepsen called the meeting to order at 7:00 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 and noted that there was a full council present as well as a full room of interested citizens. Mayor Jepsen welcomed Dan Crouse from the Dalles representing the Department of Environmental Quality on site assessments. Mayor Jepsen asked City Manager Breazeale if he had any announcements. Breazeale stated that there were a few additions to the information packets presented to the council. The first item was a letter from Ace Consultants regarding a time extension for the Water System Supply Feasibility Study. The next item was a letter from the Oregon Downtown Development Association in support of Heppner's efforts to locate a City Hall/Library complex downtown. Following this letter was a resolution of the City of Heppner, Morrow County, Oregon Authorizing Extension Of Loan Agreements, and Related Documents. The next item was an Easement from the City of Heppner as Grantor, conveying to Dave and Kay Fowler, Grantees. There was also an article from the East Oregonian describing a recent tour of the Two Rivers Prison in Umatilla. Lastly was A Resolution Authorizing Increasing the Credit Limit On The Visa Credit Card With The Bank of Eastern Oregon.

D) Approval of the Minutes from the February 14, 2000 Council Meeting. Mayor

    Jepsen asked if there were any corrections to the minutes. Tom Wolff questioned page 5, Communications From The City Attorney, paragraph C, permitting Dave Fowler to maintain a carport which may be encroaching on the City right-of-way for Cannon Street. Councilman Wolff requested clarification to require that not only Mr. Fowler, but any successor owners be required to move the structure anytime that the City requested it to be removed from the right-of-way. City Attorney Kuhn clarified that future successor owners would be required to meet the same requirements established by the Planning Department. The easement allowance was at the City's discretion and is revocable at any time for any reason. Mayor Jepsen asked if there were any other corrections to the minutes. None were offered. Motion by Councilor Tim Van Cleave, second by Councilor Skip Matthews, to approve the minutes as submitted. MOTION CARRIED. Abstained: Kay Robinson and Jerri Sly.


    E) Report from Planning Commission. No report was given as the Planning Commission did not meet in March.


    F) Correspondence. Mayor Jepsen stated that there was correspondence from GEODC and asked City Manager Breazeale to review the material. Breazeale explained that the letter gives notice of projects that were listed under the SCERT process and those projects that have received lead agency assignment. Breazeale pointed out that most of the projects have not yet received lead agency assignment. There was no other correspondence.


2. COMMUNICATIONS FROM THE PUBLIC

    A) Oral communications from the public not on the agenda. Johanne Wood and Betty Wilhelm offered comments/suggestions on the problems associated with the woodpile located at the intersection of May and Gale Streets. The woodpile is owned by Tom Gonty, and is located on city property. Mr. Gonty has made improvements to, and been maintaining this property for several years. However, the woodpile reportedly poses visibility problems for Mrs. Wood and Mrs. Wilhelm. Councilman Skip Matthews suggests that the Council review a copy of the appropriate city ordinance(s) prior to the next City Council meeting. Police Chief Rathbun will acquire the necessary measurements. The City Council members will tour the area and evaluate potential problems.


    Mayor Jepsen welcomed the new owners of Kate's Pizza, John and Debbie Cramer, introduced by Kathie Maben. The Cramers' will be welcomed by the Heppner Greeters upon their arrival.


3. PUBLIC HEARINGS

    A) Abatement of Nuisance at 125 S. Chase St., Map 2S 26 35BC, Tax Lot #10200.

    Chief Rathbun noted that the property in question has been cleaned up, and showed a video tape of the completed project. Mayor Jepsen and Police Chief Rathbun noted that this problem requires no further action.



4. COMMUNICATIONS FROM THE CHIEF OF POLICE

    A) Code Enforcement. Chief Rathbun remarked that he has received additional complaints, and referred to three additional properties requiring clean up. He again used a video tape to aid in the assessment of each. The first property is the residence of William and Sally Maddern, located at 165 E. Quaid St.. The second property, 135 E. Quaid, is located next door, and is the residence of Tom Wicklund. The third property located at 175 E. Quaid St., is the residence of David Hanna. Chief Rathbun notes that the yards are littered with empty boxes, used appliances and other types of debris which create an eyesore for the adjoining property owners. The Council Members recommend that all three property owners be sent an Abatement of Nuisance letter/30 Day Notice. Motion by Councilor Robinson, second by Councilor Sly. MOTION CARRIED. Police Chief Rathbun noted that the property known as 168 W. Willow St. located next to City Hall, is in the process of being cleaned up. The abandoned vehicle remaining on the property will be given to the City.


    B) Resolution No. , A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. (This item was discussed earlier but is placed here to conform to the agenda.) Police Chief Rathbun recommended that no further action be taken on this property.


    C) Activity Report. Police Chief Rathbun had furnished an activity report for his department. Councilman Wolff questioned the hours of Police Officer Dale Rhode. Chief Rathbun notes that Officer Rhode is a Reserve Officer and would have fewer hours. Councilman Wolff also questioned overtime hours. Chief Rathbun explained that the overtime hours had been used by officers out enforcing the seatbelt law. Some of the overtime hours for Chief Rathbun had been paid for by ODOT. Councilman Wolff observed that there had been 96% compliance with the seatbelt law, an improvement from previous years. Mayor Jepsen noted that the Federal Government was looking for 96% compliance. There was no report from the Police Commission meeting from February 25th.


    Councilman Wolff asked for information regarding a dog shelter that was previously located at the rodeo grounds across the creek. Chief Rathbun commented that the shelter is no longer there, but Columbia Basin had given them a similar item that was presently out at the range. The fencing is still available. Councilman Wolff questioned the importance of a dog shelter. Chief Rathbun comments that would be the decision of the City Council budget committee. The City Council budget could not previously afford a shelter facility. Chief Rathbun notes that he has received numerous complaints regarding dogs roaming the city streets. Mayor Jepsen recognizes that a decision needs to be made regarding an animal shelter, and dog licensing. He also remarked that this could possibly be put to vote by the people on a ballot measure. City Manager Breazeale advised that the problem could also be handled administratively by Council action by putting it in the budget and establishing an animal control program. Manager Breazeale noted that the City already has the licensing authority in the ordinance. Councilman Matthews commented on a veterinary bill for euthanasia. Chief Rathbun explained that there had been a dog biting children at the school. No one had claimed the animal. The usual procedure is to take the animal to the vet and have the vet hold the animal for three days to give the owner a chance to claim the animal. Mayor Jepsen notes that the City pays the boarding and euthanasia bill if the animal is not claimed. If the animal owner claims the animal, they are responsible for the bill.


    Councilman Wolff asked about the new Police Chief for the City of Boardman. Chief Rathbun explained that there is presently an intern filling the position, he is a retired police officer belonging to the same association as Chief Rathbun. The City of Boardman is in the process of hiring a new Police Chief. Councilwoman Sly asked if the graffiti has been removed from the pump house in the city's park. Chief Rathbun commented that the individual responsible for vandalizing the pump house had left the area. Mayor Jepsen stated that it is the City's policy to cover up graffiti as quickly as possible.


5. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR

    A) Activity Report. Public Works Director Dave Winters was not present at the Council Meeting but had submitted a written report and a Commission Meeting report. Mayor Jepsen pointed out that copies of the minutes of both reports are included in the Council packets.


    B) Utilities Commission Meeting February 17, 2000.


    C) Parks and Lands Commission February 28, 2000. Minutes of the meeting had been distributed to each councilor with their packets.

    Councilman Wolff asked about the old abandoned landfill. Breazeale stated that he and Public Works Director Winters had inspected the site and feel that the problem has been taken care of. Tom also inquired about the cost of sidewalks constructed by the Neighborhood Enhancement Team. Manager Breazeale clarified that the cost of the concrete and materials were to be paid for by the property owner. The Enhancement Team supplies the labor and equipment to remove the old sidewalk and to form and pour the new sidewalk. The land owner is required to sign a form acknowledging their responsibility for continuing maintenance. Councilor Wolff also asked about a water leak located on Church St. Manager Breazeale stated that the leak was at the meter and has been repaired. Mayor Jepsen mentioned that the posts used to secure the newly planted trees along Main St. have been removed. Councilman Wolff discussed salvaging the deck of the old swimming pool. Breazeale stated that Public Works Director Winters will provide an estimate of cost and a recommendation of whether or not to demolish the deck.



    D) Hiring of Utility Worker. Manager Breazeale discussed filling the vacant Utility Worker position. There were five candidates being interviewed. The committee recommended unanimously that the position be offered to Brian Harmon form Harrisburg, OR. Motion made by Councilman Matthews, second by Councilman Wolff to ratify the hiring. MOTION CARRIED.


6. COMMUNICATIONS FROM THE FIRE CHIEF. Chief Rusty Estes commented on the burning of two buildings located on Hill St. The burns went well, with the buildings caving inside themselves. All local volunteer departments were present for the training opportunity. Our local Fire Department is in the process of cleaning the streets and shamrock in preparation of St. Patrick Day celebrations. Chief Estes reminded the Council of the breakfast sponsored by the Fire Department . The breakfast will be held from 10pm to early into Sunday morning.

7. COMMUNICATIONS FROM THE CITY MANAGER

    A) Resolution No. 409-2000. A Resolution Approving Accounts Payable For Payment. The council recommends that all accounts shown be paid. Motion made by Councilman Matthews, second by Councilwoman Robinson to approve Resolution No 409-2000. MOTION CARRIED.


B) Heppner Coordinating Council-Oral Report

    Manager Breazeale stated that the Heppner Coordinating Council meets Tuesday morning at 7:30am at the Heppner Ranger District conference room. The agenda will be to discuss future meetings and topics open for discussion. Discussions from the last meeting included the subject of the City Parks trees. Additionally, Janet Greenup reported on the status of Morrow Co. dairies and how they will affect our area. Discussion by NRCS on weed control on range property. The CRP sign ups went well, with 11,000 acres available for the program and 14,000 acres bid in. The interest in direct seeding is increasing. There is still a certain amount of skepticism from farmers used to employing more traditional farming methods. The advantages of direct seeding include reducing water runoff and soil erosion. Dan Brosnan reported on the Morrow County Farm Museum. Doris Brosnan presented information on HEDC .


    C) Speed Zone Reduction - N Highway 207/74, Speed Zone Change Hwy 74. Manager Breazeale discussed the recent speed zone changes made by the Department of Transportation. A reduction from 55mph to 45mph was made north of town on highway 74 by the Pettyjohn building. There were also speed zone changes on that section of highway 74 that runs east toward Pilot Rock. The speed limit was increased to 55mph by the fairgrounds. The general consensus of the Council was that this increase in speed was dangerously close to the elementary school. Manager Breazeale contacted the State Traffic Engineer who was not aware that a potential hazard had been created by erecting a 55mph sign so close to the curve at the elementary school. According to the engineer, the State's original plans called for the start of a 55mph speed zone at that particular location. The State Traffic Engineer agreed to take down the new 55mph sign and conduct a speed study of that area. Manager Breazeale explained that speed zones were established by collecting data from all vehicles traveling a particular area. Those speeds that ranged in the 85th percentile would establish the new speed. Councilman Wolff questions the opportunity to petition the State regarding an established speed. Manager Breazeale comments that the Council could create a resolution or motion by Council to protest the change in the new speed, and reduce it to a safe level. Councilwoman Sly comments that the close proximity of the elementary school, the hospital, and the fairgrounds creates an area that is congested and creates potential hazards. All Council members agree that the speed increase from 25mph at the elementary school curve to the 55mph zone be made gradually to allow for a safety net in a heavily trafficked area. Councilman Matthews made a motion to protest to the State to reduce the speed at the elementary school curve to 25mph and extend it east to the city limit. Seconded by Councilman Wolff. MOTION CARRIED.


    D) City Hall/Library Meeting Summary and Progress Report. Manger Breazeale explained that he had met with the architect regarding the new building that would house the City Hall/Library complex. Extensive changes had been made to the library area, and minor changes had been made to the city council room and administrative offices. Discussion ensued regarding leaving the balcony as is vs. extending the wall out to allow for more interior floor space. The estimated cost of the structure would be approximately 1.1 million dollars. The advantages of having the combination of a Library/City Hall would provide a co-operative venture that would provide for significant grant contributions. Grant projections are $800,000.00 with the balance of the construction being paid for by City funds. The floor space of the current library is approximately 1400 square feet. The square footage/floor space of the new library would be approximately 4000 ft. Manager Breazeale pointed out that he had received a letter from the Oregon Downtown Development Association regarding "Heppner's efforts to locate a City Hall/Library complex in the downtown core." The ODDA goes on to say that, "Public buildings like these are pedestrian traffic generators for downtown. Locating an `anchor' of this type in downtown will help strengthen the commercial district as a one-stop place to do errands and shopping." Manager Breazeale points out that there has been some controversy over locating this type of facility downtown, but that there has been very little competition from the retail sector for the same space. Manager Breazeale also points out that the location of this type of facility downtown would be a good starting point for a walking tour of downtown Heppner, focusing on historical designations as identified in the Heppner Strategic Plan. Councilwoman Hedman stated that she is in opposition of having a two story building downtown with City Hall upstairs. She feels that it would be difficult for some people to access the second floor. Manager Breazeale pointed out that there would be a drop box for payments, and also an elevator to appropriately assist those people that might have difficulty otherwise. City Attorney Kuhn pointed out that the City already owns the property mentioned. To get the square footage for both entities to do what they want to do, the building would have to be two stories. Councilman Wolff pointed out that two stories would be the cheapest way to build since there would only be the cost of one foundation and one roof. Manager Breazeale mentions that Heppner does have a limited amount of land to build upon, and perhaps the unused ground could be used for additional parking. The cost of remodeling the present City Hall building would be prohibitive. Councilman Matthews discussed what will happen to the existing Library/Museum complex. Manager Breazeale pointed out that the City presently owns the Library itself, the rest of the building is owned by the County. The City could negotiate with the County for the property following the Library relocation. City Attorney Kuhn pointed out that the Director of the Museum had mentioned she would like to expand the museum into that potentially available space. Mayor Jepsen mentioned that the cost of the architectural feasibility study had been split with Library, so there had already been savings realized. Councilman Matthews asks if there is a target date set for a public meeting regarding the new Library/City Hall complex. Manager Breazeale stated that April 20, 2000 is the target date. (This date has now been set for April 26, 2000 at 7:00 PM at the Senior Center dining room.)


    E) City Council Positions Up For Election In November. Manager Breazeale mentioned that several of the Council members will be up for re-election and would need to file before September. There are four positions that run concurrently. Mayor Jepsen pointed out that these are non-partisan positions, that must be applied for. Applications must be made by petition and cannot be paid for. Applications must be filed by September for the November ballot.

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    F) Request For Extension Of Time For Water System Master Plan. Manager Breazeale commented that he had received a letter from Ace Consultants requesting a 60 day extension for compiling data for the Water System Supply Feasibility Study. Ace Consultants, Inc. states six reasons for the extension and states that their staff is in the process of gathering additional data needed for the study. The extension will have to be approved by OECDD since they are providing the grant monies. Motion made by Councilman Wolff to extend the time for the study, seconded by Councilwoman Robinson. MOTION CARRIED.


    G) Resolution 410-2000. To Authorize The Increase Of The Current Credit Limit On The Visa Credit Card Account With The Bank Of Eastern Oregon. Manager Breazeale explained that the present credit limit is $5000.00. The Bank has issued a group card that all the City employees use. With this in mind, there are times that the present limit is not adequate. The cards are used not only for travel and those related expenses, but for emergency vehicle repairs and purchasing supplies. Manager Breazeale pointed out that the bill is paid on a monthly basis so there would not be a large interest expense. All City employees are bonded, reducing risk of any potential fraud. The City previously had an account with Wells Fargo Bank which will be cancelled. Motion made by Councilman Matthews to approve Resolution 410-2000, seconded by Councilman Van Cleve. MOTION CARRIED.


8. COMMUNICATIONS FROM THE CITY ATTORNEY

    A) St. Patrick's Senior Center Loan Extension. City Attorney Kuhn offered further explanation of the previously discussed terms for Council re-election. Attorney Kuhn also discussed the proposal to renovate the Senior Center. The Bank of Eastern Oregon will loan the Housing Authority the $150,000.00 requested using the property as collateral. In order to keep the loan payments reduced, the original loan will be amortized out and coupled with the new loan payments. The approval of this resolution would authorize Manager Breazeale to renegotiate the City's loan with the Bank and extend it for another 20 year term. There is presently 10 years left on the existing loan. The combination of the two loans, (the existing loan and the new loan,) would create a payment that is slightly less than the present payment. Councilman Wolff moved to approve Resolution No. 411-2000 A Resolution of the City of Heppner, Morrow County, Oregon Authorizing Extension of Loan Agreements, and Related Documents. A second was provided by Councilwoman Sly. MOTION CARRIED.


    B) Dave Fowler Easement. City Attorney Kuhn explained that any successive owners of the property would be tied to the easement rules established by the Morrow County Planning Department. The city could revoke the use of the right-of-way at it's discretion. Councilwoman Robinson moved to allow the Dave Fowler easement. The motion was seconded by Councilman Matthews. MOTION CARRIED.


9. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

    A) Appointment of Planning Commission Member. Mayor Jepsen recommended Ray Grace be appointed for the vacant position. Mr. Grace was brought in as a chief engineer when Kinzua Corporation built their plywood mill. Mr. Grace is extensively traveled and is very familiar with building practices and requirements involving the permitting process. Motion by Councilman Wolff to accept the recommendation that Ray Grace fill the Planning Commission position. Motion seconded by Councilwoman Hedman. MOTION CARRIED.



    B) Beautification Commission. Councilwoman Sly mentioned that Kay Proctor had joined the group as of their last meeting. The group consists of Public Works Director Winters, City Manager Breazeale, John Edmundson, Jerri Sly, Kay Proctor and Mayor Jepsen. The group discussed code enforcement relating to properties creating an eyesore or sanitation problems. Manager Breazeale explained that the Commission has divided the City into four sectors. Each Commissioner taking a sector and physically viewing areas that they would recommend proactive action be taken to set standards regarding Nuisance Abatement, and the general appearance of our City. Councilwoman Sly also noted that Peggy Connor has children that gather each Wednesday for Bible Study. Ms. Connors' children weeded the island by Memorial Park as a community service


    C) Heppner Housing Authority. Mayor Jepsen reported that the financing for the St. Patrick's Senior Center and Apartments had already been discussed. Beyond that, he stated that the Housing Authority was looking to fill the vacant apartments. Currently there were five vacancies. Tours are being given of the apartments every Wednesday by Marian Murchison, apartment manager. The tours have stimulated a lot of interest in the apartments with many taking the tour reporting that they didn't know the apartments were as nice as they are. A drawing for a centerpiece is held after each tour with one of the participants taking home the arrangement.


10 ) Executive Session Regarding Deliberations to Negotiate Real Property Transactions Pursuant to ORS 192.660(1)(e).
Executive session was entered into at 8:45 PM.

    Returning from executive session at 9:15 PM Councilor Tom Wolff made a motion to approve the contract with Unocal for the purchase of real property for $100 with the stipulation that the venue be changed to Oregon and that the requirement for specific remedial actions by the City be dropped from the contract. Second was supplied by Councilor Skip Matthews. MOTION CARRIED.


ADJOURNMENT
The meeting was adjourned at 9:20 PM