MINUTES OF THE CITY COUNCIL MEETING FOR MAY 8, 2000

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

ABSENT: Councilman Skip Matthews; Fire Chief Rusty Estes.

VISITORS: The Unruh Family, Howard Gilliam representing the Morrow County Planning Commission.

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

1. GENERAL BUSINESS

    A) Call to Order. Mayor Jepsen called the meeting to order at 7:03 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. Manager Breazeale commented on the

    report he had prepared reflecting the number of times

    the City's Web Page had been accessed. He was

    pleased to report that the community's interest was on the increase, judging by the number of bytes/access numbers summarized. He was pleased to note that there had been interest in the St. Pat's Senior Center page, and also in the HEDC'S posted page sharing information regarding ELESCO'S marketing survey of the Willow Creek Valley.


    D) Approval of the Minutes from the April 10, 2000 Council Meting. Mayor Jepsen asked if there were any corrections to the minutes. Chief Rathbun noted that he would like clarification of the fact (pg. 8, par. 2G) that he was at a business conference, not on vacation. Councilman Wolff also offered a correction to (pg. 8, F) He noted that each proponent has paid $250.00 each for a total of $500.00. Councilwoman Robinson moved that the minutes be adopted as corrected, seconded by Councilwoman Sly. MOTION CARRIED. Abstained: Councilwoman Hedman.


    E) Report from the Planning Commission. Howard Gilliam noted that there was no report.


    F) Correspondence. Manager Breazeale noted that he had received a letter from the Willow Creek Baptist Church requesting the use of the city park for their Vacation Bible School the week of June 26-30, from 8:15 a.m. to 12:30 p.m. All council members gave their consensus for allowing the park to be used for Bible School.


    Manager Breazeale commented that the City had received a final payment from the "Alsea Veneer" lawsuit Settlement Administrator (regarding businesses insured by SAIF Corporation.) in the amount of $2929.58. The funds will be held for the next budget.


    The next item of correspondence was a letter from the Department Of The Army explaining operations at the depot.


    The last item of correspondence was a letter from the Department of Transportation explaining the speed zone changes made south of Quaid Street to Fairview Way east. Manager Breazeale noted that a letter had been sent to the Department of Transportation thanking them for their quick response in the matter. Mayor Jepsen noted that he felt the speed changes on Highway 74 by Riverside Drive were effective also.


    2. COMMUNICATIONS FROM THE PUBLIC.

    A) Oral communications from the public not on the agenda. Mayor Jepsen asked if anyone present in the audience wished to come forward at this time. There was no communication from the public.


3. REQUEST FOR DISABLED PARKING SPACE

    Manager Breazeale explained that the City had received a request from the Episcopal and Methodist Churches requesting a disabled parking space to be placed on Church Street. The spot would be shared by both the Methodist and Episcopal Churches. Their was brief discussion questioning the idea of one shared spot or several spots since there was only parallel parking available. Mr. Gilliam commented that he could only speak for the Episcopal Church. The area that they were requesting was an unloading zone close to a power pole where no curb was located. Actual disabled parking spaces would be located in the church parking lot. Manager Breazeale clarified that a loading zone, not a parking space was the more appropriate solution. There would be a time limit established for parking in the loading zone. There was some additional discussion regarding who would cover the costs involved. The discussion was tabled until more information could be obtained, and the request(s) clarified.


4. REQUEST FOR ANIMAL PERMIT.

    A) Request from Emily and Megan Unruh for an Animal Permit at 329 E. Linden Way for 6 rabbits, 4 pigs, 10 hens and 2 roosters. The Unruh girls explained that they had previously obtained a permit, but now their flock had increased, and they were seeking approval for a larger number of animals. They reported that they had not received any complaints from their neighbors. Mr. Unruh explained that the animals were for 4-H projects. Councilwoman Robinson moved that the permits be granted for another year providing there were no complaints from the neighbors. Seconded by Councilman Wolff. MOTION CARRIED.


    B) Request from Dave Pranger for Animal Permit at 565 Minor Street for four horses. Mr. Pranger was not present to comment. The permit was up for renewal only, the number of horses had not increased. Motion made by Councilwoman Sly to approve the permit renewal. Seconded by Councilman VanCleave. MOTION CARRIED. Attorney Kuhn explained that not obtaining a permit was a Class D Infraction carrying up to a $50.00 per day fine. Chief Rathbun explained that the permit could be revoked if legitimate complaints were made. Manager Breazeale explained that normally livestock/animals raised for consumption were allowed within the city limits. Since this was a rural area, exceptions were made by permit. (Cats and Dogs being exempt.) The Council members discussed the fact that lot size and location was also a deciding factor, and the City ultimately had the right to approve or deny animal permits.


5. PUBLIC HEARINGS.

    A) Abatement of Nuisance at 135 East Quaid Street, Map 2S 26 26CC, Tax Lot 5400. Chief Rathbun presented a video tape of the property owned by Tom Wicklund. The tape included both "before" and "after" shots. Chief Rathbun noted that Mr. Wicklund had done some clean up, but that there was still too much stuff laying around that was visible from the street.


    B) Abatement of Nuisance at 165 East Quaid Street, Map 2S 26 26CC, Tax Lot 5300. Chief Rathbun presented a video tape of the property occupied by the Madderns. The tape included both "before" and "after" shots. Chief Rathbun noted that the front porch had been cleaned up, but that the grass was becoming dangerously high potentially creating a fire hazard.


    C) Abatement of Nuisance at 175 East Quaid Street, Map 2S 26 26CC, Tax Lot 5200. Chief Rathbun presented a video tape of the property owned by David Hanna. The tape included both "before" and "after" shots. Chief Rathbun noted that the old appliance dumped in the front of the house had been removed, and that he felt the property had been sufficiently cleaned up.


    Mayor Jepsen asked if there was anyone present in the audience that would like to comment on any of the properties in question. No one came forward. Mayor Jepsen noted such, and declared the Public Hearing closed. Chief Rathbun commented that all parties of said properties had received letters requesting clean up within 30 days. Sixty days has passed since the original requests were made.


6. NUISANCE ABATEMENT ACTION.

    A) Resolution No. 414, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property at 135 East Quaid Street. Councilman Wolff moved that Resolution No. 414 be approved, and the Wicklunds be sent another notice to clean up the remaining debris. Chief Rathbun stated that the letter would give the above mentioned parties (another) 30 days to clean up their properties or the City would clean up for them. Seconded by Councilman VanCleave. MOTION CARRIED.


    B) Resolution No. 415, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property at 165 East Quaid Street. Mayor Jepsen noted that this property was owned by Keith Lewis, but occupied by the Madderns. Chief Rathbun noted that Mr. Lewis should also have received a letter requesting clean up at the same time the tenants did. Councilman Wolff moved that Resolution No. 415 be approved, and both Mr. Lewis and the Madderns both be sent another 30 day notice to clean up their property. Seconded by Councilman VanCleave. MOTION CARRIED.


    C) Resolution No. ___, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property at 175 East Quaid Street. Mayor Jepsen noted that the recommendation of the Police Chief was "No further action necessary."



7. COMMUNICATIONS FROM THE CHIEF OF POLICE.

    A) Code Enforcement. Chief Rathbun commented that two cars had been towed, and perhaps another would be towed, as the neighboring tenant had been evicted from his premises.


    B) Activity Report. Mayor Jepsen noted that enclosed in the Council's information packet was the Police Chief's Activity Report. Councilman Wolff commented that he had heard that the incident with one of the City's police officers had been resolved. Chief Rathbun noted that the State Police had not yet completed their investigation.


    C) Police Commission - Next Meeting - May 26, 2000.


8. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR.

    A) Activity Report. Director Winters commented on the leak located at South Court Street. He explained that a 12" main had come apart. The parts were not readily available, so water was diverted from the reservoir to the hospital so they would not be without. Some of the residences located on Rock Street did experience low pressure. The necessary repairs were made the next day. Unfortunately the other side of the main blew and had to be repaired as well. Public Works Director Winters explained that the main was held together with mega lugs. The thrust block originally installed by the contractor was too small allowing too much movement of the pipes. Additional thrust block was poured and both sides of the main secured with additional restraints. The street will be repaired with additional gravel bringing up the grade. Councilwoman Hedman commented that there were areas of the City that did not have adequate water pressure. Director Winters explained that some of the City's water lines were "dead end" lines. An 8" main had been extended out to Winkenson Arena, but the City had to receive easements from the State Highway Department to continue on with the line installation to make the loop connection. Director Winters also explained that the City was only required to provide 25 lb. of pressure. There was some discussion as to why there is presently more air in the water lines. Director Winters explained that well #2 had been utilized, and for whatever reason this particular well aerated the water. The well has been examined by engineers, and measures taken to correct the occurrence. There was nothing wrong with the water, but it did appear to look milky at times. Councilwoman Sly commented that this was another good reason to have a public newsletter explaining some of the particulars of city business.


    B) Utilities Commission Meeting - Next Meeting - May 18, 2000.


    C) Parks and Lands Commission Meeting - Next Meeting - May 22, 2000.


9. COMMUNICATIONS FROM THE FIRE CHIEF.
There were no communications from the Fire Chief.

10. COMMUNICATIONS FROM THE CITY MANAGER.

    A) Resolution No. 416, A Resolution Approving Accounts Payable for Payment. Councilman Wolff questioned a $1000.00 expense for Engineered Control Products Incorporated. Manager Breazeale explained that the device/product was a chlorinator, used to disinfect the effluent at the at the sewage treatment plant. Councilman Wolff also questioned an expense for a telemetry system. The expense was for the repair of one of the City's communication devices. There were no other questions regarding the Accounts Payable. Councilwoman Sly made a motion to pay the Accounts as submitted. Seconded by Councilwoman Robinson. MOTION CARRIED.


    B) Heppner Coordinating Council - Oral Report. Manager Breazeale commented that Jill Miles, the Regional Development Officer, from OECDD (Oregon Economic Community Development Department,) and Martin Davis from GEODC (Greater Eastern Oregon Development Corporation,) a non- profit agency, were present to supply information regarding gap financing and economic development activities. Lisa Breckenridge is trying to secure the development of good telecommunications for rural areas. All of Eastern Oregon is presently under served by the telecommunications industry. Business retention was also discussed. Manager Breazeale explained that there was grant money available, but applying for grants was quite time consuming. GEODC may fill a role by providing grant information and grant writing for communities that did not have the staff to do so. Manager Breazeale noted that Suzanne Jepsen gave an updated report on WIC VAL.


    There is a meeting scheduled for May 9th. Items of discussion will be the proposed closure of the Morrow County Museum, and funding/volunteers for their staffing. There will also be discussion of the proposed closure of the County G.I.S. System (Geographic Information System.) The G.I.S. has the computer capability to draw maps with attached information, referencing the information onto a data base. The County is losing their G.I.S. operator due to decreased funding.


    C) Resolution No. 417, A Resolution Amending Resolution No. 413-00 Establishing Pay Ranges and Policy for Employee Compensation for Fiscal Year 2000-2001.

    Manager Breazeale noted that there had been some errors in figures on the original EXHIBIT "A", Resolution 413. The first error, was in the base salary stated for Police Officer. A second discrepancy, in the base pay for Utility Worker II was discovered upon the recent hiring of the new Utility Worker I. Manager Breazeale pointed out that their new hire's beginning salary was $1850.00, while Randy Sample's present (base) salary at $1686.00 was well below that. The job descriptions are essentially the same for both Utility Worker I and Utility Worker II. Public Works Director David Winters sent a letter to the City Council requesting that Mr. Sample's base salary be increased to $1850.00 effective May 1, 2000.


    Motion made by Councilman VanCleave to approve Resolution 417. Seconded by Councilman Wolff. MOTION CARRIED.


    Motion made by Councilwoman Robinson to approve the request for pay increase/base salary increase for Randy Sample from $1686.00 to $1850.00, effective April 1, 2000. Seconded by Councilwoman Sly. MOTION CARRIED.


    D) Resolution No. 418, A Resolution Extending the City of Heppner's Workers Compensation Coverage to Cover Volunteers of the City of Heppner. Manager Breazeale explained that the City Council had previously passed a Resolution to cover City volunteers with Worker's Compensation Insurance. He also explained that the insurance company was not satisfied with that alone. They requested that the City list each individual volunteer, the number of hours expected to work, and the level of the work. The insurance company has requested that this resolution be passed clarifying the above information. Attorney Kuhn explained that it was difficult to employ volunteers without covering them with insurance. There was some general discussion regarding record keeping for volunteer hours worked. Estimates are drawn from these records for budgeting purposes. Councilman Wolff made the motion to approve Resolution 418. Seconded by Councilwoman Robinson. MOTION CARRIED.


    E) YARD OF THE MONTH RECOGNITION. Manager Breazeale explained that there was a five month program, sponsored by the Garden Club, recognizing homeowners that have taken exceptional care of their yard. A request was made, by the Garden Club, to display a poster in City Hall recognizing their efforts. Another request was made for the Mayor to send a letter of recognition to the Yard of the Month winner. The Garden Club requested that perhaps a $5.00 discount be given toward the winner's water bill. Councilman Wolff commented that he was in favor of the poster and letter of recognition, but not of the water bill reduction gift. He explained that as a municipality he did not feel the latter was appropriate. All Council members conceded that the poster and letter of recommendation were appropriate and beneficial.


11. COMMUNICATIONS FROM THE CITY ATTORNEY.

    A) Right of Way Vacation - Morgan Street.

    B) Right of Way Vacation - Between Thompson and Bisbee Streets. Attorney Kuhn decided to combine the two requests. He outlined as a procedure: 1) To have the landowner who is requesting the vacation initiate the process. The landowner requesting the vacation would be required to collect consent for the vacation petition from ¾'s of the affected land owners, those folks that own property 200 feet on either side of the vacated roadway, and 400 feet from the ends of the vacated portion, and then cover property owners 200 feet on each side of that. 2) The City Council can also do a vacation on its own initiative. That requires the passage of an ordinance, and some special notice requirements. The landowners consent process could be omitted. Attorney Kuhn's recommendation was for the second option to be utilized. Attorney Kuhn volunteered to donate his time in the Museum's behalf regarding the Morgan Street vacation. Attorney Kuhn noted that the Museum would have to pay for the publication costs to post the notice in the newspaper. He will have a couple of ordinances ready (for the vacations,) in time for the next City Council Meeting. Attorney Khun mentioned that an easement(s) would need to be obtained for the sewer line running the length between Rock Street and Gilmore Street, (in the vacation request for Thompson and Bisbee Streets.) The Council was in agreement with Attorney Kuhn.


12. COMMUNICATIONS FROM THE MAYOR/CITY COUNCIL MEMBERS.

    A) Beautification Commission - April 13, 2000 - Next Meeting - May 11, 2000. There were no comments regarding the Beautification Commission Meeting.


    B) Heppner Housing Authority - Mayor Jepsen, Chairman. Mayor Jepsen reported that the Heppner Housing Authority had been working with the Bank of Eastern Oregon to approve a loan of $150,000.00 for renovation of the St. Patrick's Apartments. The loan has been approved. Mayor Jepsen noted that it would take approximately one year to make the necessary repairs. The money will go into next years budget. Hopefully the renovations will entice 100% occupancy. There are presently two vacancies. The new loan will be in combination with the existing loan, increasing the payoff time by ten years. The monthly payment will be approximately $30.00 less than the present monthly payment. Included in the project will be a new floor in the dining hall, landscaping of the parking lot, installation of power doors on the exterior, new carpets, new paint, and easier door closures on the apartment doors. The remainder of the money will be used to renovate existing apartments as they become vacant. Mayor Jepsen mentioned that there is a plan to install air conditioning units in individual apartments. Councilwoman Hedman voiced concern regarding the preservation of appearances for the Historic Designation. Manager Breazeale commented that it was important to recognize the guidelines maintaining the designation, but that the building was very old, and needed to be maintained appropriately, allowing for the comfort of its occupants, and its energy efficiency, therefore some concessions may need to be made.


Adjournment The meeting was adjourned at 8:47 PM.