March
8, 2004
ATTENDEES:
Mayor, Bob Jepsen
City Manager, Jerry Breazeale
Council Members:
Judy Buschke
Merle Cowett
Tim Van Cleave
Tom Wolff
Cindi Doherty
Anne Spicer, City Attorney
Rusty Estes, Fire Chief
Sheriff’s Department:
Sergeant Phil Morris
Deputy Jamie Rietmann
David Sykes, Heppner Gazette
Absent: Kay Robinson
Members of the Public:
Les Paustian
Jan Paustian
Mark Andrews
Dennis Murphy, DEQ
1. GENERAL BUSINESS
A) Call to Order. The March 8, 2004, meeting of
the Heppner City Council, was called to order at 7:00 PM, by
Mayor Jepsen.
B) Pledge of Allegiance. Mayor Jepsen led those
present in the Pledge of Allegiance to the Flag.
C) Announcements.
1) Mayor Jepsen welcomed attendees to the meeting. Five
Council members were present
2) Mr. Breazeale added the following items to the Council Agenda:
a) 6F, Public Works, Resolution
b) 1F, Correspondence from Oregon Trail Claims Service
c) 1F, Correspondence from Green Feed
d) 2B, Mr. Dennis Murphy, DEQ, is attending the meeting to provide information on the Umatilla Chemical Burn.
D) Approval of Minutes from February 17, 2004 Council Meeting. Minutes of the February 17, 2004 Council meeting were reviewed, with the following correction: Change Carl Vander Does to Victor Vander Does.
Motion by Mr. Wolff to approve the minutes of the February 17 meeting with correction as stated. Seconded by Mrs. Buschke. Motion Carried.
E) Report from the Planning Commission. No report given.
F) Correspondence.
1) Oregon Trail Claim Service. No action required. According to the correspondence, the claim with Mr. Waite is proceeding.
2) Letter from Green Feed and Seed. Mr. Breazeale reported that Green Feed and Seed is expanding their business and would like to purchase or lease the City-owned parcel adjacent to their greenhouse area. Description, 2S 26 27DA, lot 6300. The property is a small triangular-shaped parcel along Highway 74. This will be discussed in detail at the Parks and Lands Commission meeting on March 29. Mr. Wolff had concerns regarding vision restrictions from the intersection of Highway 74 and Hinton Street. He stated that he will drive by the property and determine if there is a problem. Mr. Jepsen stated that he was under the impression that previous discussions concerning this parcel were that the parcel would be traded or sold to the county and the county would deal with Green Feed.
3) Letter from Mr. and Mrs. Paustian regarding changes to the leash law in Heppner, and the disposal of pet waste when people are walking their dogs. Mr. Breazeale stated that this should be brought before the Police Commission and Mr. Wolff stated that he would like to see some research done on this, i.e., contact other cities regarding their policies on this subject, and how this would be enforced.. Mr. Paustian felt some publicity in the newspaper would also help to bring this to public attention. The Police Commission will meet on March 25. Council consensus was to refer this to the Police Commission.
4) Letter from Gene Sonstegard regarding the possible burial of hazardous material in the city yard on Riverside. He voiced concerns that if this is true, could the material possibility contaminate the creek, where he fishes? Council consensus was to have the City Manager reply to Mr. Sonstegard regarding this topic.
2. COMMUNICATIONS
FROM THE PUBLIC
A) Oral communications from the public not on the agenda.
1) Mr. Dennis Murphy, Administrator, DEQ, Chemical Demilitarization Program, Hermiston, OR, attended the Council meeting to provide a status report on the project. Construction of the facility was started in 1997 and proceeded through 2001. Since 200l, the facility has been involved in a number of tests and is nearing the completion of the project. This summer they should be ready to start the destruction process which should take 7-8 years. Upon completion of the process, the facility will be decontaminated and turned over to the public. The DEQ has provided oversight of the project and will be on site to monitor the destruction process. Mr. Murphy stated that there have been reports in the media about why there are so many permit modifications. Many of these have been updates of engineering drawings and approval of plans for trial burns. There have also been operational changes due to things experienced at other facilities. The permit modifications that have received a lot attention recently are the emission permits. They are getting ready to authorize the public to provide input to the Environmental Quality Commission’s (EQC) decision to start operations. This process is tentatively to begin in April and a public hearing will be held in Hermiston on May 20, 7:00 PM at the Hermiston Convention Center, and anyone who is interested in speaking to EQC is welcome to attend. Staff documents will be prepared for public review. The EQC may make a decision to authorize the start of operations at its July meeting. This could be postponed until September, depending on Army and WDC preparations. Mr. Murphy wanted to make the Council aware that they will have an opportunity to participate in the public discussions. Mr. Wolff asked about the dunnage and Mr. Murphy stated that there will be four furnaces and the fifth furnace is not necessary as a dunnage facility. Permit modifications have been done. Mr. Wolff asked if there is one block that will be maintained by the military and according to Mr. Murphy, there will not be any residual waste on the premises upon completion of the destruction. Mr. Murphy explained that security measures are being stepped up at the facility.
2) Mark Andrews, 190 Quaid Street, attended the meeting to voice his and his neighbors’ concerns regarding speeding on Quaid Street. He is proposing a Stop sign be installed at the intersection of Quaid and Elder Streets instead of a Yield sign. Mr. Andrews is concerned about the safety of school children. The Sheriff’s department had informed Mr. Andrews that he should bring this to the Council’s attention. Ms. Doherty suggested a survey to see how fast people are driving in this area. Mr. Wolff recommended bringing this to the Police Commission’s attention. According to Mr. Wolff, a Stop sign would be inconvenient, but effective. Mr. Cowett recommended that the Sheriff’s Department patrol the area to check on speeds in the area. Mr. Andrews stated that this is a continual problem.
3. PUBLIC
HEARINGS
A) Ordinance No. _____, An Ordinance Vacating that Portion of Morgan Street between Riverside Avenue and that Portion of Morgan Street Previously Vacated by City Ordinance 405 all in the City of Heppner, Morrow County, Oregon.
Discussion: Mayor Jepsen explained that this is a portion of Morgan Street that goes across the Farm Museum property that the county purchased. It was railroad land. If the property is vacated, it will belong to the county. Mr. Jepsen stated that if this ordinance is passed, this will become county property with easements for utilities. Mr. Wolff questioned vacating the end of Shobe Street, and Mr. Breazeale stated that this specific ordinance referred to Morgan Street only. He reported that the county has been waiting for Morgan Street to be vacated so that a parking area can be developed at the end where Sperry turns into Birch Street. This specific ordinance is to vacate the portion of Morgan Street that is on the map included in the packet. Heppner TV also maintains a TV line across the right-of-way. Mr. Breazeale has discussed the utilities easements with Mr. Kuhn and Mr. Kuhn informed him that he hasn’t seen a vacation where utility easements were reserved. Mr. Wolff stated he has concerns about electricity to the CSEP trailer and an easement is necessary for this. Mrs. Spicer stated that this can be done and asked if we are asking to reserve the entire street and Mr. Wolff stated he would feel comfortable with an easement for current utilities in place and an easement for future utilities under ground. Mrs. Spicer recommended that action on this ordinance be postponed until next month so that she can define the easement before modifying the ordinance. Mr. Wolff stated that he doesn’t want to see the city give up future needs.
B) Resolution No. _____, A Resolution Declaring
Certain Property a Nuisance and Ordering Cleanup of Property.
Discussion: Mr. Breazeale stated that this was tabled at the last meeting and council needs to either take action or cancel this. Mr. Wolff stated that the property has mostly been cleaned up.
C) Resolution No. ____, A Resolution Declaring Certain
Property a Nuisance and Ordering Cleanup of Property.
Discussion: Mr. Wolff reported that this property has not been completely cleaned up. There are still vehicles and other items on the property. It is difficult to tell whether some of the items belong on subject property or on the Breeding property which is adjoining.
Public
Hearings Closed
4. COUNCIL
ACTION
A) Ordinance No. _____, An Ordinance Vacating that Portion of Morgan Street between Riverside Avenue and that Portion of Morgan Street Previously Vacated by City Ordinance 405 all in the City of Heppner, Morrow County, Oregon.
Motion by Mr. Wolff to table this action until the City’s legal counsel has written a general utility easement into that vacation ordinance. Seconded by Mr. Cowett. Motion carried.
B) Resolution No. _____, A Resolution Declaring
Certain Property a Nuisance and Ordering Cleanup of Property.
Motion by Mr. Wolff to drop any action on this property. Seconded by Ms. Doherty. Motion carried.
C) Resolution No. ____, A Resolution Declaring Certain
Property a Nuisance and Ordering Cleanup of Property.
Motion by Mr. Van Cleave to pass Resolution 556-04. Seconded by Mrs. Buschke. Motion carried.
D) During a recent tour of the city, Mr. Wolff noticed several items that he felt were detrimental to the appearance of the city.
1) The derelict condition of the wooden guard rail on Cannon Street. Mr. Jepsen stated that Cannon Street is currently being repaired, and Mr. Nelson reported that Public Works has the materials to repair the guard rail.
2) The shed on the City Attorney’s garden
property. Mr. Wolff felt the condition is unsightly. Mrs.
Spicer stated that this problem is under discussion.
3) Condition of the Breeding property. Mr. Breazeale
reported that the current problem is the number of vehicles on
the property and the fact that they are all licensed and
operating. Deputy Slinger had reported that some of the
vehicles have been moved and fire wood had been stacked. This
will be discussed further by the Police Commission.
5. COMMUNICATIONS
FROM THE COUNTY SHERIFF REPRESENTATIVE
A) Activity Report. Deputy Rietmann reported that
the report from Deputy Bredfield contained primarily work from
the North End of the county. Deputies Slinger and Rietmann’s
reports are average. Deputy Rietmann stated that he had
done a speed check on Gilmore Street and out of 100 vehicles
checked, none of them were going over 30 mph.
B) Police Commission.
Mr. Wolff asked to correct the Police Commission minutes to
reflect that the street in back of Gilmore Street that was
referred to as an abandoned street is a dedicated street,
although not improved. The name of the street is Bisbee
Street. Mr. Van Cleave asked if it was possible for traffic
to get through this street if vehicles were parked there and Mr.
Wolff replied the street is forty feet wide.
Mr. Cowett questioned Deputy Rietmann on the survey that was done
before the Stop sign was taken down on Gilmore Street and that
the average speed was reported at 34 mph, and who did the survey.
Deputy Rietmann replied that Deputy Slinger did this survey.
Deputy Rietmann is still researching the School Zone signs/double
fines issue.
C) Code Enforcement. None to report.
D) Additional Discussion:
1) St. Patrick’s Day coverage. Deputy Rietmann
reported that there will be plenty of reserves on duty during St.
Patrick’s. Mr. Jepsen asked about Deputy Bredfield’s
assigned area. Deputy Rietmann stated that he will be
assigned to Heppner until he attends the Police Academy in April.
6. COMMUNICATIONS
FROM THE PUBLIC WORKS DEPARTMENT
A) Activity Report. Public Works Director Nelson
reported the following actions:
1) All reservoirs have been cleaned and this went well.
Mr. Wolff asked if the reservoirs had needed cleaned and Mr.
Nelson stated that they did. Well one will need some
repairs in the next few years. The cleaning operations are
on video for anyone interested in watching them.
2) The Public Works crew is preparing the city for St.
Patrick’s. The sweeper had been broken down and is now
repaired. Everything should be ready by Thursday.
3) The permit to close Main Street on Saturday has been
ordered; the Shamrock will be painted on Wednesday.
4) Mr. Nelson is working on the ISO water report and it
should be completed shortly.
5) Mr. Jepsen reported that the tables in the Memorial Park
need to be repainted before St. Patrick’s day.
B) Utilities Commission. Next meeting March 18.
Mr. Wolff had a correction to the Utilities Commission minutes to
the effect that he had asked whether the cable TV company was
looking at acquiring their own satellite service, not their own
satellite!
C) Parks and Lands Commission meeting. Next meeting,
March 11 (jointly with the Beautification Commission).
D) Cleaned Reservoirs – see above.
E) Additional Discussion. None.
F) A Resolution Authorizing a Short Term intrafund Loan
within the Consolidated Reserve Fund from the Sewer Reserve
Account to the Water Reserve Account. Mr. Breazeale
explained that due to the reservoir cleaning and meter purchases,
there are going to be more requirements out of the water reserve
fund than there is spending authority (the money is there, but no
authority to spend it). The auditor stated that Oregon law
precludes a city from spending unappropriated ending balances.
Mr. Breazeale is asking for authority to make an intrafund loan
from another reserve account in the consolidated reserve fund.
This would be a loan from the sewer reserve with the septic
receiving station line item that has been set aside for future
projects. There is $13,000 in this account that will not be
spent before the end of the year. He is requesting
authority to appropriate those funds into the water reserve funds
to pay the bills for the meters, etc. Future expenditures
will be monitored. Mr. Wolff asked for clarification that
this is not a cash problem, but a spending authority problem.
Mr. Breazeale stated that this is correct.
Motion by
Mr. Wolff to approve Resolution 557-04, a resolution authorizing
a short term intrafund loan within the consolidated reserve fund
as stated. Seconded by Ms. Doherty. Motion carried.
7. COMMUNICATIONS
FROM THE FIRE CHIEF
A) Chief Estes reported that the contract was renewed at
the February 26 Fire Advisory Committee Meeting. The 911
charges are going up. Mr. Wolff announced the Rural Fire
District is meeting on Wednesday, March 10, at 7:00 at the Pettyjohn
Building. Agenda items for this meeting include holding a
vote to approve the extension of the contract and also to move to
get their bills caught up and pay the city. Mr. Wolff is
the treasurer for the Rural Fire District.
B) Chief Estes reported that preparations are underway for
the Fire Department participation in the St. Patrick’s
celebration.
C) Mr. Wolff asked if the closure of Willow Street on
Saturday for the St. Patrick’s car show had been requested,
and Mr. Breazeale stated that it had not.
Motion by Mr. Wolff to allow various community organizations who
would request the same from the city staff to close
8. COMMUNICATIONS
FROM THE CITY MANAGER.
A) Resolution No. _____, a Resolution Approving Accounts
Payable for Payment. Mr. Cowett asked if the city pays for
the St. Patrick’s entertainment, and Mr. Breazeale explained
that this is a city project and included in the budget.
Motion by Mr. Wolff to approve Resolution No. 558-04. Seconded
by Mr. Cowett. Motion carried.
B) City Hall Move/Remodel.
Mr. Breazeale reported that that he has tried to answer questions
on the City Hall Project. He has worked up an appraisal on
the city hall building and the Gazette Times building, using the
Marshall Swift Evaluator which is a method of comparing values of
buildings for construction. This method compares values of
buildings using square footage and building type. The value
determined for the city hall is $211,459, less depreciation due
to age and condition for a final value of $112,073. The
Gazette Times building was valued at $165,100, less depreciation
for a final value of $67,643. Using these figures, he went
back to the financing proposal. He explained that looking
at what we are planning to finance, using the original proposal
for the bank building of $325,000 at 4.9% for 20 years, which
would equal a payment of $25,536 per year. Mr. Breazeale
reviewed the funds available for down payment/remodel, and
calculated $124,206 which could used to buy down the loan with an
amount to be financed of $200,794. Using this figure, the
payment would be $15,722.44. Current funds budgeted for the
City Hall Project amount to $21,000 per year. Mr. Breazeale
discussed the appraisal with Mr. Sykes (Gazette Times). Mr.
Sykes has submitted an Earnest Money Agreement (Addendum A, dated
3/8/04 sale agreement 1202855) good for 45 days which would allow
the Parks and Lands Commission and City Council time to discuss
the offer in detail before the next City Council meeting in
April. Mr. Wolff inquired if the earnest money agreement
contained terms on occupancy and Mr. Sykes stated that the city
could add their contingencies to the offer. Mr. Wolff asked
about the concerns of the Planning Commission on the condition of
the roof on the bank building, and Mr. Breazeale explained that
as a contractor, Mr. Gentry, Chairman of the Planning Commission,
felt that this was an important item to include in the
transaction.
Mr. Wolff asked about the cost to make the bank building ready
for occupancy and Mr. Breazeale stated that the ADA requirements
were the main things that would need to be done. As far as
the back exit, Mr. Nelson stated that Public Works could do this
work. Items of concern are as follows:
--Access to the City Shop from the bank building; could this be
through the insurance company’s property.
--Plans for the Public Works building.
--Repairs/alterations to make the front doorway and restrooms ADA
compliant.
--Alterations to the rear entrance to meet ADA requirements.
--Method of informing the public of the details of the
transaction.
Mr. Wolff feels we should move forward with this and buy down the
mortgage using reserve funds and the money from the Jack Little
property to repair the building. Mrs. Buschke asked if the
remodeling had to be done before we move in and Mr. Breazeale
stated that the front door would have to be done before taking
occupancy, and double doorways were discussed for energy
efficiency. Mr. Wolff asked what the next step would be.
Mr. Breazeale stated that the city has until April 14 to make a
decision. He recommended that the Parks and Lands
Commission consider the offer and propose an action for City
Council. Mr. Sykes wanted to submit his proposal at this
time so that the public would know that he is serious. Mr.
Estes stated that the only comments he has heard from the public
were whether taxes were going to be raised. Mr. Jepsen
stated that he would like to get a five year lease with the
dentist. Additionally, Mr. Sykes recommended that his
agreement be referred to Ms. Spicer for legal review.
Motion by
Mr. Wolff to refer the calculations along with the earnest money
agreement to the Parks and Lands Commission for their
consideration and recommendation to the City Council. Council
comments should be referred to the City Manager prior to the
Parks and Lands meeting. Seconded by Mrs. Doherty. Motion
carried.
Mr. Sykes
recommended that Mr. Breazeale put together a brochure to be
distributed to the public outlining pertinent details.
C) Land Use Committee. Mr. Breazeale reported on
actions so far. He has sent letters to all the property
owners informing them of the status of the process. DLCD
has not contacted the city on their opinion as of this date.
Mr. Breazeale is meeting with the Governor’s Economic
Revitalization Team representative this week who has been
speaking with the DLCD representative.
D)
NEACT meeting and letter to ODOT. Mr. Breazeale reported
that the city has two projects they are trying to get funded:
Court Street from the court house out to the fairgrounds which is
approximately $1.3 million, and
Motion by Mr. Wolff that we give authorization to the Mayor and
City Manager to draft said letters and get them going. Seconded
by Mrs. Buschke. Motion carried.
E) Flood Study – FEMA Cooperating Technical Partners
Partnership Agreement. Mr. Breazeale stated that the
cooperative agreement with FEMA is included in the council
packet. This agreement sets the standards to be followed in
the flood remapping process. His suggestion is that the
Mayor be authorized to sign this agreement and return it to FEMA
for their signature.
Motion by Mr. Wolff to follow the City staff’s
recommendation and authorize signature of the agreement and
return to FEMA. Seconded by Mrs. Doherty. Motion
carried.
F) Court Street Closeout. Mr. Breazeale reported cost
overruns due to pipe lines leaking under the street. The
city also held some of the retainage back because some of the
items were not completed. In the interim, the city repaired
some of the items. The city agreed to split the cost with
Dice Construction. This was negotiated and they are willing
to sign off on the contract and get the bond released. The
net increase in cost to the project is $4,583.00.
G) Heppner TV Franchise Fee Request. Mr. Breazeale
reported that Heppner TV is concerned with declining revenues due
to customers discontinuing cable service by moving out of the
area, or using another alternative, such as satellite dishes.
Their current franchise fee is 3%, or $300.00 per month. This
fee is up for renewal and the cable company is requesting that
the city reduce or eliminate the franchise fee. Mr. Wolff
stated that he has concerns that Heppner TV is cutting costs but
doing nothing proactive to increase their market share or
services. He feels cutting their franchise fee is setting a
precedent for other Heppner businesses. He asked for the
City Manager’s recommendation. Mr. Breazeale stated
that he would like to see Heppner TV remain in business, but
doesn’t see that lowering the franchise fee would help.
Mrs. Buschke agrees with Mr. Wolff. Mr. Jepsen felt that we
should not take any action on this at this time.
H) Resolution No. _____, A Resolution Establishing
Motion by Mr. Wolff to approve Resolution 559-04 with the
amendment that the pay adjustment be 2.5%. Seconded by Mr.
Cowett. Motion carried.
I) Jack Little House Closeout. According to Mr.
Breazeale, when Mr. Kuhn looked into foreclosure on the property
after Mr. Little’s death. The agreement was that
the estate would agree to sell the property for the cost of
administering the estate. The cost had been estimated at
approx. $1,000. The City has already paid $1,200 to Mr. Sam
Tucker. Mr Kuhn is advising the City pay an additional $500
with the $500 going to the estate.
Motion by Mrs. Doherty that we pay the $500.00 on the Little
property. Seconded by Mrs. Buschke. Motion carried.
J) February Financial Statement. Mr. Breazeale
reported that the city is running over budget on chemicals for
the sewer plant and the water reserve account since they are
doing more in the water field than they have in the past. Mr.
Wolff asked if we are building up cash in the improvement account
and Mr. Breazeale replied that they are building up the reserves.
Mr. Breazeale also stated that we have had another positive
sample on the water and this costs more money for the tests as
well as postage, etc., for public notification. In reply to
Mr. Jepsen’s question on the bad taste in the Sherman’s
water, Mr. Nelson replied that it was from the iron pipes.
9. COMMUNICATIONS
FROM CITY ATTORNEY None.
10.
COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS
A) Beautification Commission. Mr. Wolff
questioned the backhoe use by city employees on Heritage Plaza
and whether it was charged to Heritage Plaza. Mr. Breazeale
replied that it is.
B) Heppner Housing Authority. Mrs. Buschke reported
that both the Senior Center and the Assisted Living facility are
full. There is a waiting list for the Assisted Living
facility, and one room is reserved for respite care. Mr.
Wolff asked about the city’s relationship with the elevator
company for the Senior Center and Mr. Breazeale replied that the
city has not had any more correspondence from them and has put
them on notice that they need to renegotiate their contract or we
will look elsewhere.
Meeting
adjourned at 9:50 PM.