MINUTES OF THE CITY COUNCIL MEETING FOR MARCH 8, 1999

PRESENT: Mayor Jepsen; Council Members: Mike McGuire, Jerri Sly, Kay Robinson, Skip Matthews, Tim Van Cleave; City Treasurer: Rene' Devin; Police Chief: Doug Rathbun; Public Works Director: David Winters; City Attorney: Bill Kuhn; City Manager: Gerald Breazeale; Planning Commission: Jerry Gentry

ABSENT: Councilor Loretta Nairns

VISITORS: Terry Lightle, Lyle Verrall, Clarence Baker, Jeff Zimmerman

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

1.GENERAL BUSINESS

A) Call to Order. Mayor Jepsen called the meeting to order at 7:01 PM.

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

C) Announcements - Mayor Jepsen reported that Councilor Nairns would be absent for the next several months due to illness in the family. Mayor Jepsen also reported that Jerry Gentry was present representing the Planning Commission.

D) Approval of the Minutes of February 8, 1999. Motion by Kay Robinson to approve the minutes, Second by Jerri Sly. MOTION CARRIED

(City Attorney Bill Kuhn entered the meeting at this point.)

1. Correspondence City Manager Breazeale presented Council with a copy of the proposal that was submitted by the consultant; Elesco, LTD for the Willow Creek Valley Economic Diversification Study. Breazeale stated that he was furnishing the proposal so that Council would have a good understanding of what they could expect from the study. Manager Breazeale stated that he was impressed with the consultant and with the methods they would use to conduct the study. The end product, according to Breazeale, should be a useful document that will provide for targeting industries and for recruitment of those industries. Mayor Jepsen stated that the timing of the study would come at an ideal time.
2. COMMUNICATIONS FROM THE PUBLIC
3. Terry Lightle stated that there was an ongoing problem with speeding traffic on Morgan Street. He stated that youth going to school regularly exceed the speed limit. Mayor Jepsen asked Mr. Lightle to identify where he lived. Mr. Lightle stated that he lived at 610 Morgan Street, the last house on the left going up the hill. He stated that for four years residents on the street have tried to have something done about the speeding. Mr. Lightle presented a petition to have speed bumps installed on the street. He stated that he had contacted the Chief of Police, Sheriff Denton, Judge Charlotte Grey and the City Manager. Still nothing has been done. He stated that he had spoken with City Manager Breazeale about speed bumps and was told that Mr. Breazeale would take the issue to the next Planning Commission meeting. He stated his opinion that nothing was being done about the problem. He said that the existing speed sign has numbers too small to be seen without difficulty. He stated that he wanted a new sign with bigger letters and wanted speed bumps installed on the street. Mayor Jepsen stated that the issue of installing speed bumps has been discussed in the past. There were some liability issues associated with placing speed bumps on a public street. He also stated that litter from students was a problem along Morgan Street and around the high school. According to Mr. Lightle, the trash and garbage were blowing around the community. Mayor Jepsen clarified that Mr. Lightle was requesting speed bumps and for the kids to be ticketed for speeding and littering. Chief Rathbun stated that he had been working the street and trying to get the kids to slow down. Mayor Jepsen asked City Attorney Kuhn about the question of installing speed bumps. Mr. Kuhn explained that when the subject had come up in the past, the City’s insurer had stated that speed bumps would constitute a highway obstruction and would not be covered under the City’s coverage. He stated that that left more traditional methods of enforcement such as traffic patrol to curb speeding. Mr. Lightle stated that he had spoken to City Administrator Breazeale about another kind of low profile speed bump. Breazeale stated that during his discussion with Mr. Lightle he had stated that the issue would be given to the consultants preparing the Transportation System Master Plan. There may be some engineering techniques that could be used to effect speed reduction. The consultants have been given the information. The study is ongoing and will not be completed until June. Breazeale stated that he had given the list of vehicles supplied by Mr. Lightle to the Chief. The problem, according to Breazeale is that enforcement will only work to reduce speed while an officer is present. Councilor McGuire stated that it is not only Morgan Street where the people are speeding, it is all over town. He did not believe that speed bumps were the answer.
4. REQUEST FOR ANIMAL PERMIT Betty Wilhelm at 105 NW Gale Street was requesting a permit for one horse on two (2) acres that she owns. The horse belongs to Jeff Zimmerman. Mayor Jepsen explained that permits for animals within the City are usually allowed for one year unless the City receives complaints. He stated that there was also another request for an animal permit by Darren and Matthew Van Cleave to have two (2) head of sheep at 605 South Cowins Street. Councilor McGuire made a motion to approve both animal permits. Councilor Matthews seconded the motion. MOTION CARRIED.
5. PUBLIC HEARINGS Ordinance No. 526-99, An Ordinance Amending Heppner City Code Title 6, Chapter 4, The Abandoned Vehicles Ordinance and Declaring and Emergency.

Mayor Jepsen opened the public hearing and read the title of the ordinance. He stated that the Council has had a chance to read the ordinance and that the subject has been discussed a previous meeting. Mayor Jepsen called for public comment. Clarence Baker stated his concern with the language that Council may place additional conditions on any required permit. The ordinance refers to any vehicle. He stated that according to the dictionary, a vehicle is any mechanized piece of equipment. That would cover lawn mowers, riding mowers, tractors, anything. Chief Rathbun stated that the ordinance was designed to be used where a number of junk cars have been accumulating. Clarence stated that he had wanted clarification on that issue. No one else appeared to testify.

On discussion, City Attorney Kuhn stated that the reason for the amendment was to allow the City to remove junk abandoned vehicles from private property. The existing ordinance does not give the City the authority to remove those vehicles. Councilor McGuire expressed concern with enforcement of the ordinance. Attorney Kuhn reviewed the definition of what constituted an abandoned vehicle. Discussion ensued about whether or not to include or eliminate language in the ordinance. Attorney Kuhn explained that any Council would have the opportunity to change the ordinance. The present Council can not set direction for future Councils. If the Council is comfortable with the proposed enforcement direction, the present wording could be workable.

Councilor McGuire made a motion to read Ordinance No. 526-99 by title only. Second by Kay Robinson. (Councilor Tim Van Cleave entered the meeting at this time) MOTION CARRIED with Tim Van Cleave abstaining.

Mayor Jepsen read the title of Ordinance No. 526-99.

Councilor Robinson moved to adopt Ordinance No. 526-99 with Councilor McGuire seconding the motion. MOTION CARRIED

1. COMMUNICATIONS FROM THE CHIEF OF POLICE

Chief Rathbun stated that he had been informed of the discussion about dog problems at the last Council meeting. He stated that he would work on the problem and would issue citations for noncompliance. Chief Rathbun also stated that he has been working Morgan Street quite often. He does not issue a lot of citations but has issued many warnings. He stated that he would go to the school and close the campus if the problem continues. Councilor Matthews stated that the problem could be solved by letting the kids know that if the problems continue the campus could be closed at noon. Morgan Street could also be closed to school traffic. Councilor McGuire stated that it is not just a problem with Morgan Street. The kids speed on many streets in town. Councilor Robinson stated that kids also speed by her house. Chief Rathbun stated that he would meet with the principal and would speak to the Student Council.

Councilor Matthews asked the Chief about the seatbelt campaign. Councilor Robinson indicated that some of the people cited were very irate. Council McGuire stated that word of the campaign had been in the paper a number of times prior to the enforcement. Chief Rathbun reported that it had been in the paper three times. A lot of tickets and a lot of warnings had been issued.

1. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR.

Public Works Director Dave Winters informed the Council that well no. 3 is still not working due to a modem that went out. The effervescence experienced in the City water is a result of this well not being in operation. He listed that the Bio-solids Report and Reclaimed Water Use Report had been submitted to DEQ. He stated that he had finished the Bio-solids Management Plan and submitted it to DEQ. The plan was to have been done by Anderson and Perry. It had not been completed as of this date. Rather than pay Anderson and Perry to complete the plan, it was the decision of the City Manager and Public Works Director to produce the document inhouse. Mr. Winters went on the explain that they had replaced the float switches on the trickling filter pumps, replaced the gear motor on the secondary clarifier, and would have to replace the dewatering pump in one of the cells in the contact basin at a cost of about $500. He stated that they had swept Main Street and replaced a fire hydrant that had been damaged by a truck. Completed a water connection to supply water to the trees being planted down by the County property on Riverside Ave. He stated that the Fire Department was washing down Main Street and that crews would start painting the stripes tomorrow. Pedestrian Only signs were placed at the trail leading up the hill from Cowins Street. Mr. Winters informed the Council that the Police evidence storage building was nearly complete. Mayor Jepsen stated that the shamrock on Main Street would be painted tomorrow. Mr. Winters stated that Randy Samples would be pressure washing the shamrock in the morning in preparation for painting. The Mayor asked Dave if the Public Works people could assist in painting of the shamrock. Mr. Winters stated that they could. Mayor Jepsen stated that a new polyurethane base paint would be used this year. City Manager Breazeale stated that the crews had been sweeping and cleaning the downtown sidewalks and wheelchair ramps in preparation for St. Patrick’s weekend. Mr. Winters stated that there was a problem of cigarette butts by the Senior Center. He asked if there were anything that could be placed there to collect cigarette butts.

6. COMMUNICATIONS FROM THE FIRE CHIEF - Chief Estes was not present

1. COMMUNICATIONS FROM THE CITY MANAGER
2. Acceptance of easement from the Department of the Army for water pipeline purposes. City Manager Breazeale stated that the easement was necessary to extend a waterline from Corp. of Engineer property near the cemetery along property lines to the north to tie in with Court Street. This would provide water service for property not presently served at the end of Skyline Drive and would provide a beneficial loop of the water system. The easement has been approved by the Corp. and now must be accepted by the City. Motion by Councilor McGuire with a second by Councilor Matthews to accept the easement. MOTION CARRIED
3. Resolution No. 357-99. A Resolution Authorizing the Payment of Wages to Reserve Officers from Grant Funds Received and Authorizing the a Transfer of Funds from the General Fund Contingency to the Law Enforcement Overtime and Vehicle Expense Line Items. Breazeale explained that the resolution would allow the City to pay reserve officers employed to conduct the seatbelt enforcement campaign and expend grant funds for vehicle and payroll expenses. Motion by Kay Robinson, second by Jerri Sly to adopt resolution No. 357-99. MOTION CARRIED
4. Resolution No. 358-99 A Resolution Approving Accounts Payable for Payment. Motion by Councilor McGuire to approve Resolution No. 358-99. Second by Councilor Matthews. MOTION CARRIED
4. Referring to the previous minutes, Mayor Jepsen asked whether a contract has been worked out with ACE Consultants for the water study. Manager Breazeale stated that he had been furnished a draft contract by the consultants. City Attorney Kuhn has reviewed the contract and made some suggestions for minor changes. Breazeale reported that he is trying to obtain grant funding for the study and would like to defer entering into a contract until he heard more definitively on the status of the grant application. ACE Consultants are aware of this and are willing to wait to enter into a contract.
5. COMMUNICATIONS FROM CITY ATTORNEY

City Attorney Bill Kuhn reported that he has initiated the foreclosure on the Rita Heath property and that he has not heard anything from her. If he does not hear anything in two weeks, she will default and the City will own the property. The City would then have to clean up the property. City Attorney Kuhn stated that it is a lot easier to deal with the clean up problem when the City is the owner.

1. COMMUNICATIONS FROM MAYOR/CITY COUNCIL MEMBERS.- None Offered

1. EXECUTIVE SESSION Evaluation of the City Manager pursuant to ORS No. 192.660 (1)(I)

The Mayor called an executive session at 8:15

The Mayor ended the executive session at 8:52 and returned to regular session.

Motion by Skip Matthews to retain Gerald Breazeale as City Manager with an increase of $250.00 per month and to increase Rene’ Devin’s salary to $16.96 per hour to recognize her great performance, and to allow City Manager Breazeale to utilize accrued vacation time. Second by Councilor McGuire. MOTION CARRIED

ADJOURNMENT.

The meeting was adjourned at 8:54 PM.