MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

November 8, 2004

ATTENDEES:

Mayor Bob Jepsen

City Manager, Jerry Breazeale

Council Members:

Merle Cowett

Judy Buschke

Kay Robinson

Cindy Doherty

Tom Wolff

Tim Van Cleave

City Attorney, Ann Spicer

Brian Harmon, Public Works

Chad Doherty, Public Works

Morrow County Sheriff’s Department, Deputy Randy Rayburn

Heppner Gazette Times, David Sykes

Rusty Estes, Fire Department

Members of the Public:

John Edmundson

Johanne Wood

Dr. Wenberg

Ken Wenberg

Jerry Healy

Alvin Liu

Glenn Baker

Terry Baker

John Nickey

Kathryn Nickey

1. GENERAL BUSINESS

A) Call to Order. The November 8, 2004, meeting of the Heppner City Council was called to order by Mayor Bob Jepsen, at 7:05 PM.

B) Pledge of Allegiance. Mayor Jepsen led members and attendees in the Pledge of Allegiance to the Flag.

C) Announcements. Mayor Jepsen reported that a full Council is present. Mr. Breazeale announced that the annual audit has been completed and copies are furnished to Council members for review. Two additional items are added to the agenda: Item 8A, Table 13, Difference between effective and proposed discharges (Flood Study). Item 8D, Destination Development Conference Expense Report, 8B.

D) Approval of the Minutes from the October 11, 2004, Council Meeting. Members reviewed the minutes with the following correction:

Page 10, Item J, last sentence: Should read: “Mr. Wolff noted that water consumption is going down in the city.”

Motion by Mr. Cowett to approve the October 11, 2004, minutes as corrected. Seconded by Mrs. Buschke. Motion Carried.

E) Report from the Planning Commission. No report; no meeting was held in October.

F) Correspondence. None.

2. COMMUNICATIONS FROM THE PUBLIC.

A) Oral communications from the public not on the agenda. None.

B) Heppner Community Strategic Plan – John Edmundson.

Mr. Edmundson briefed the revised version of the Strategic Plan. He stated that the introduction has a gross understatement. This revision marks 14 years since the first effort was made. The Strategic Planning effort was started in 1990 when a committee was formed as a result of Vision 2000. Mr. Edmundson outlined the history of the document which was undertaken by the Heppner Economic Development Committee which has now evolved into the Willow Creek Valley Economic Development Group. With the assistance of a consultant, the original Strategic Plan was drafted. The plan was updated in 1994, 1995, and 1997, and a major re-write in June 1999. The final update was undertaken in March 2002 and continued until the present. In the period since 2002, Mr. Edmundson and Mrs. D. Brosnan edited the final draft. Mr. Edmundson highlighted the changes in the final plan. Some of the material included is background and support information. Page 29 outlines Future Strategies and these have been checked for agreement with the Heppner City Goals, with the exception of continuing the dog control program. Mr. Edmundson and Mrs. Brosnan organized the plan for easier reading. The purpose of the plan is to plot the City’s future. Additionally, the Strategic Plan is an important part of any grant applications. Part of this is ground preparation. The City Council is responsible for future maintenance of the plan. If, in the future, the plan needs revised, the Council will direct who should work on it. All of the entities listed would assist in any future revision.

Mr. Van Cleave asked if all of the organizations have received copies of the plan and Mr. Edmundson stated that this is up to the City Council. Mayor Jepsen thanked Mr. Edmundson for doing the work on this and congratulated him for bringing the plan to the Council. Mr. Edmunson thanked Mrs. Brosnan and Ms. Ployhar for their work on the plan. Mr. Jepsen stated that the plan contains a lot of information concerning the City.

C, D) Request for Animal Permit Renewals, Wilson and Collins.

Motion by Mr. Wolff to approve the permit renewals, for Rod Wilson and Kenneth Collins, with the recommendation that if the animals become a nuisance, they will be removed from the properties. Seconded by Mrs. Robinson. Motion Carried.

3. PUBLIC HEARINGS.

A) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 510 Birch Street, Map No. 2S 26 27DA, Tax Lot 2201.

B) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 325 Matlock Street, Map No. 2S 26 35BC, Tax Lot 7100

C) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 415 Cowins Street, Map No. 2S 26 35CA, Tax Lot 1400

D) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 340 Water Street, Map No. 2S 26 27DD, Tax Lot 3300

E) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 555 and 575 Jones Street, Map No. 2S 26 27DD, Tax Lot 3100

F) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 415 Cannon Street, Map No. 2S 26 35BC, Tax Lot 1700

G)Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 545 Hager Street, Map No. 2S 26 35CA, Tax Lot 1101

H) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 515 Cowins Street, Map No. 2S 26 35CA, Tax Lot 1500

I) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 510 Cowins Street, Map No. 2S 26 35CA, Tax Lot 3300

J) Resolution No.____ A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 565 Hager Street, Map No. 2S 26 35CA, Tax Lot 800

DISCUSSION: Deputy Rayburn reported that most of the properties listed have been taken care of and reviewed the list as followed.

A) 510 Birch Street – requirements have been completed.

C) 415 Cowins Street – requirements are being completed.

D) 340 Water Street – requirements have been completed.

E) 555 and 575 Jones Street – requirements have been completed.

G) 545 Hager Street – requirements have been completed.

H) 515 Cowins Street – Mr. Van Cleave reported that he has talked to the owner of the property and Mr. Bauman stated that he has been trying to locate the tenant, Robert Martin. The owner lives in Alaska and asked Mr. Van Cleave to have Mr. Martin contact him. According to Deputy Rayburn, there is still a stove that needs to be removed and the weeds need to be cleaned up. According to Mr. Van Cleave, Mr. Martin plans to work on the burn pile this week. Mr. Van Cleave recommended an extension on this item.

I) 510 Cowins Street – requirements have been completed.

J) 565 Hager Street – requirements have been completed.

Hearings are required on the following properties:

F) 415 Cannon Street – Deputy Rayburn reported that this property was under discussion last year. The removal of the dead trees needs to be finished. There are two vehicles that are on the property and Deputy Rayburn will check the registration on these. There is also a large pile of debris which needs to be removed. Mrs. Alston has the property listed for sale and Deputy Rayburn will contact the realtor to recommend cleaning the property which could result in a quicker sale. Mr. Wolff commented that the truck in the driveway appeared to have current plates on it and the plates on the vehicle in the garage look to be expired. Deputy Rayburn will check this. The owner has not been in contact with the City or Deputy Rayburn.

B) 325 Matlock Street: Deputy Rayburn is working with the trust on this property and the plan is to clean the property when Ms. Monahan has vacated the home completely.

Public Hearings closed.

4. COUNCIL ACTION.

Motion by Mr. Wolff to pass Resolution No. 582-04, for Item B, 325 Matlock Street, for Items C, 415 Cowins Street, and Item H, 515 Cowins, and Item F, 415 Cannon Street, be granted 30-day extensions. No further action required on Items A, D, E, G, I, and J. Seconded by Mrs. Robinson. Motion Carried.

5. COMMUNICATIONS FROM THE COUNTY SHERIFF REPRESENTATIVE.

A) Activity Report. Deputy Rayburn reported that one report was not turned in since the Deputy was off duty.

B) Police Commission – October 28, next meeting November 24. Mayor Jepsen asked Deputy Rayburn about the three deputies working in Heppner. They are Rayburn, Bredfield, and Slinger. Shifts are being rotated so there will be different deputies on patrol in Heppner during the day. Mr. Van Cleave stated that he has a change for the Police Commission minutes which will be discussed at their next meeting.

C) Speed Zone Investigation on Hwy 207 South of May Street. Mr. Breazeale reported that there have been concerns about the traffic speeds coming into Heppner on the Heppner/Spray Highway. Currently there is a 45 mph zone at Willow Creek Road which abruptly drops to 25 mph right before the Forest Service building. The City asked ODOT to investigate this area and consider a stepped speed zone similar to that on the North end of town. Following ODOT’s investigation, they recommended a stepped speed zone 55 – 45 – 35 – 25 mph. If the Council agrees with ODOT’s recommendation, Mr. Breazeale will contact them to implement the change. The map in the packet outlines the speed breaks as requested. City Management and the Police Commission have recommended approval.

Motion by Mr. Wolff that the City Council approve the recommendation for speed control coming into Heppner from the South. Seconded by Mrs. Doherty. Motion Carried.

D) Additional Discussion.

1) Deputy Rayburn discussed the proposed school zone to be located by the Sheriff’s office. Additional discussion among Deputy Rayburn, Bruce Nelson, and Chad Doherty resulted in the recommendation to designate entire Water Street a school zone which would result in a 20 mph speed limit for the area. Mr. Doherty stated that the top of the hill should be posted at a minimum. Morgan Street is marked as a school zone. Mr. Van Cleave stated that he had questioned Morgan Street being marked as a school zone and Sheriff Denton had informed him that a school zone is any place where there is school traffic. If the area is posted as school zone, the 20 mph speed limit would be enforced 24 hours a day. According to Deputy Rayburn, there have not been a lot of complaints on speeding on Water Street. Mr. Nickey commented that he has not observed a speeding problem on Water Street. However, he has no objection to changing the speed limit. Mr. Doherty stated that there are visual problems in the area. Deputy Rayburn suggested starting the school zone at Sweek’s house near the bottom of the hill..

According to Mr. Van Cleave an exact location was not determined by the Police Commission. Mr. Cowett stated that during the time he was on the police force, he detected speeders going up the hill. According to Mr. Jepsen, it appeared that the consensus on the Council was to install the sign at the bottom of the hill.

Motion by Mrs. Robinson to install the school zone speed sign at the bottom of the hill. Seconded by Mrs. Buschke. Motion Carried.

2) Mr. Jepsen reported that the school had requested more patrols at the school during the noon hour. According to Deputy Rayburn, Sheriff Denton is investigating school resource officers and grants for funding the program.

6. COMMUNICATIONS FROM THE PUBLIC WORKS DEPARTMENT

A) Activity Report. Mr. Harmon represented Public Works Director, Bruce Nelson. He reported that Public Works crews accomplished a lot of work last month, even though several people were on vacation. Locates for the water project have been finished; the sewer plant is operating properly; and they have been discharging treated water into the creek and this is going well. The loading zone signs are installed at Murray’s and crews will finish striping the area. Willow Street has been striped and traffic has slowed down. No Parking signs are installed on West Street. Sheriff’s office deputies have been monitoring this. Crews secured an area in the upstairs of the City Hall for storage of police records. The surplus vehicles have been sold and will be removed from the city yard (Army truck, sweeper, and tar pot). Crews are working at the City Yard to dig up the contamination. This was lead-based yellow paint; samples have been sent in for testing. Mr. Harmon reported that Public Works crews have been doing a lot of work on the parks; leaves have been raked up and taken to the community garden for mulch and the City yard for burning. The hanging baskets have been removed from downtown for the winter. The leak by Green Feed has been located and repaired. Future services will be tracer-wired making it easier to locate problems. A new service was installed at the end of South Court Street.

Mr. Wolff asked about the leak problem at Hoskins’ and Mr. Harmon stated that City crews assisted with this and will be billing the Hoskins. Mrs. Wood asked about the intersection on Matlock and Gilmore Streets because there is a pipe sticking up in the street which could be dangerous. Mr. Harmon stated that a cone will be installed until the repair can be done since it is quite involved. As soon as Blue Mt. Asphalt is in Heppner, this repair will be completed.

B) Utilities Commission. Mr. Van Cleave had a correction on Page 3 of the Utilities Commission minutes: With regard to Columbia Basin’s Helping Hands program, they do not make donations to the ministerial association but handle the administration of the funds; however, the authority to allocate funds is done by the ministerial association.

C) Parks and Lands Commission. Next meeting on November 29.

D) Water System Status Report. According to Mr. Breazeale, plans are being finalized to go out for bid and the project should go out for bid in December. There have been some problems with the locates and in some cases they will have to note that valves that are shown may not be there so they will have to plan on not operating these particular valves when working on the system.

E) Water for Little League Field. The City is continuing to cover the cost for this.

7. COMMUNICATIONS FROM THE FIRE CHIEF

A) Chief Estes reported that the Fire Department had a slow month with no fires. They had 5 smoke calls, 3 minor car wrecks, and 1 search and rescue. The search and rescue was last Saturday and the woman walked out. The fire drill at the senior center went well, everyone was evacuated in 6.5 minutes.

8. COMMUNICATIONS FROM THE CITY MANAGER

A) Flood Study – Status report. Mr. Breazeale reported that today he received the first draft of the hydrology which is that portion of the flood study that looks at how much water would be coming out of the watershed. This section of the study describes the actual projected flows and compares them to the previous data. Above Shobe Creek, the flow shows a 4% decrease, this is controlled by the dam. Above Hinton Creek, there is a 53% decrease, below Hinton Creek by Heritage Plaza, there is a 65% decrease. There is a substantial decrease and if the numbers hold true, there will be a substantial decrease in the flood area. They are reviewing and checking numbers and this should result in a lot of properties coming out of the flood zone. The floodway area will be reduced and Mr. Breazeale suspects this will be confined to a road and will not affect surrounding properties. Mayor Jepsen stated that Mr. Breazeale has been working on this primarily by himself. Mr. Jepsen also stated that Senator Gordon Smith’s office has offered assistance with this study.

B) Special Cities Allotment Grant, Riverside Avenue. According to Mr. Breazeale, the City has received a $25,000 ODOT grant award for Riverside improvements. This will be applied to work they anticipate doing this summer. The City has also requested a $400,000 +/- grant from the ODOT Bike-Ped program. This would put sidewalks the length of Riverside Avenue. Riverside will be paved, but this grant would fund the sidewalks. Mr. Wolff asked if there had been any feedback from the residents on Riverside concerning the street being torn up for a full year, and Mr. Breazeale stated that there have been no negative comments to date.

C) Land Use Committee – UGB adjustment project status report. Mr. Breazeale reported that to date, there is nothing new to report. The Golf Course is reconsidering their decision to withdraw from the proposed UGB area and will put this to the membership for decision. Mr. Edmundson stated that there will be an informational meeting for the Golf Course membership on November 16. Carla Mc Clain, from Morrow County Planning will be in attendance to explain the process and answer any questions. Mr. Edmundson added that the president of the Golf Course may request that the City Manager participate in the meeting. Mr. Breazeale explained that if the Golf Course does intend to be included in the UGB expansion, there are two property owners that will be affected. Both of these owners do not want to be included. Mr. Wolff asked about the Damon property and if there was a reason that it was not included. Mr. Breazeale stated that the Damons were notified and requested not to be included.

D) Scholarship for Alvin Liu’s attendance at a Destination Marketing Conference. According to Mr. Breazeale this is a marketing seminar and Mr. Liu, current chair of the merchant’s committee, has requested Council approval to fund his attendance at the conference. The total cost of the conference is $199.00 for registration, $133.00 for gas, plus $108.75 for lodging. The Chamber of Commerce board voted to apply $150.00 towards this, The Willow Creek Valley Economic Development Group has donated $50.00, and Mr. Breazeale would like the Council to approve donating to this effort. Dedicated funds for economic development are available in the budget. Mr. Liu explained that the trip was very exciting and many communities were represented. Mr. Liu is looking forward to being able to present information to the community. He feels that Heppner will benefit from this. Mrs. Doherty stated that if we have money available, and since Mr. Liu is chairman of the merchants committee, the money is well spent.

Motion by Mrs. Doherty to reimburse Mr. Liu for his attendance as a scholarship. Seconded by Mrs. Robinson. Motion Carried.

E) Preliminary Certification for Business Development Taxable Income Exemption (ORS 285C.500-285C.506) – Savannah Pacific. Mr. Breazeale briefed that Savannah Pacific has been working with the Willow Creek Economic Development Group to consider locating a business at the old mill site in Heppner. This would be a glue lamination plant to produce laminated beams. Under the Oregon Statute that was recently passed, tax exemptions would be allowed for corporations or businesses that start their business in Oregon communities that are economically distressed. Morrow County is one of those areas. The company needs to be certified and apply for this before they start up their business so this is the first step. The tax exempt income is a 10 year tax exemption on Oregon income tax. The application would be approved unless there are objections by the city, county, or other government agencies. Unless the Council has objections, this will probably be approved. According to Mr. Koffler, the process is moving ahead and Savannah Pacific has applied for a grant from Baker-Morrow. The Port of Morrow has been working on the buildings and there is a strong possibility that this will take place. Mr. Breazeale stated that if we don’t choose to object to the tax exemption, he feels it would be appropriate to pass a motion supporting the efforts of the Willow Creek Valley Economic Development Group to bring Savannah Pacific to the South Morrow Industrial Park and support their application for the exemption.

Motion by Mr. Van Cleave to support the efforts of the Willow Creek Valley Economic Development Group to bring Savannah Pacific to the South Morrow Industrial Park and support their application for the exemption. Seconded by Mrs. Doherty. Motion Carried.

F) WCVEDG Request for City to Lease Property from the Port of Morrow. Mr. Sykes, President, WCVEDG, explained the background for this request. Since the mill closed, the group has been doing quite a bit of business recruitment, mainly through mass mailings to a targeted type of business. A study identified 12 business that would fit into the area. They are still in the process of contacting businesses and are still recruiting. One of the requirements by the type of business identified, is a 5000 square foot building available for manufacturing. WCVEDG approached the Port of Morrow and the port has agreed to lease space for $10.00 per year. Cost for a building would be about $150,000. They have hired a grant writer to work on obtaining funds for such a building. One of the Port’s requirements is that we have insurance on the property. The premium is quite high and WCVEDG does not have funds available for this. They are asking the City to lease the property from the Port and once we have a business interested in locating here, the facility would be available. DEQ has approved a septic system for the property and there will be no cost to the City. Once a business has leased the property, there would be funds available to pay the insurance premiums.

Mr. Wolff and Mr. Jepsen asked about the building that is currently under construction at the mill site. Mr. Healy stated that CSSEP is building this for a storage building.

Mr. Breazeale stated that the City has insurance that would cover the proposed building. WCVEDG would have to purchase insurance and would like to put off this expense until they have a tenant. Mrs. Robinson questioned what the cost would be if the City took over the leasing of the property, and was told it would be approximately $10.00 per year. Council members agreed that the City needs to do something since there are several businesses for sale in Heppner.

Motion by Mrs. Robinson that the City proceed with leasing the property at the old mill site from the Port of Morrow for the purpose of constructing a 5000 square ft. spec building. Seconded by Mr. Van Cleave. Motion Carried.

G) Resolution No. ___, A Resolution Revising the City of Heppner Personnel Policy. Mr. Breazeale outlined actions to date on this issue. There have been two personnel committee meetings and the issue has been discussed with City employees. One employee had concerns since he has 40 days of vacation accumulated. Employees were in agreement with the policy, but would like to see allowing sick leave to be accumulated above the amount allowed now. This resolution would limit the amount of vacation days to be accumulated to 15 days. Mr. Wolff stated that the personnel committee approved this with recommendation for passage by the City Council.

Motion by Mr. Van Cleave to pass Resolution No. 583-04, A Resolution for the Amendment of the City of Heppner Personnel Policy Regarding Vacation Time. Seconded by Mrs. Doherty. Motion Carried.

H) Certification of Taxes. According to Mr. Breazeale, this letter certifies taxes for the current budget year. The figures are approximately what was projected.

I) Resolution No. _____. A Resolution Approving Accounts Payable for Payment. Mr. Wolff questioned the amount to LH Morris Enterprises, Inc. Mr. Breazeale explained that this was for a major rebuild of the telementry system. This was part of the water reserve fund. The system is now operating properly and will save on staff time as far as monitoring wells and reservoirs.

Motion by Mr. Wolff to approve Resolution 584-04 approving accounts payable for payment. Seconded by Mrs. Buschke. Motion Carried.

J) October Financial Statement. Furnished for information. Mr. Breazeale stated that Council members should feel free to call him if they have additional questions.

9. COMMUNICATIONS FROM CITY ATTORNEY.

A) Mrs. Spicer stated that negotiations between attorneys on the WindWave franchise are proceeding in preparation for bringing this to Council. They expect to use this as a model for a new franchise agreement with CenturyTel.

B) With the passage of Measure 37, they are looking at some high potential liabilities for the City. Cities in the state are working to put together some guidelines. Mrs. Spicer anticipates that there will probably be challenges in the courts. Heppner has less of some of the things than they have in other areas in Oregon. There are a lot of questions in the measure.

Mr. Van Cleave stated that this was a hot topic at the League of Oregon Cities meeting.

Mayor Jepsen thanked Mrs. Spicer for her work on the bridge issue.

Mr. Wolff asked about the questions on WindWave. Mrs. Spicer stated that the questions were on how to apportion liability on some of the insurance issues. Mr. Wolff stated that he is concerned that if we can’t come to an agreement, they would go somewhere else. Mrs. Spicer stated that franchise fees are not an issue. According to Mr. Breazeale, as soon as we get the WindWave franchise agreement finalized, we will give the competitors 180 days notice that their agreement will be reviewed. Mr. Healy brought up the fact that the city of Portland is looking at franchise fees on cell phone service. Mayor Jepsen stated that all cities are looking at ways to raise revenue.

10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

A) Mr. Jepsen introduced Glenn Baker, council member elect. Mr. Healy asked about the procedure for filling the Council position being vacated by Mr. Van Cleave. Mayor Jepsen stated that there are city procedures for this.

B) Heppner Housing Authority. Currently there are three vacancies in the senior center. According to Mr. Breazeale, one person is scheduled to move in tomorrow.

C) Additional Discussion.

Mayor Jepsen asked about the light pole that City has stored. This is a sample light that was furnished to the City by a company that had submitted a proposal for lighting in the City. He would like to have the pole installed at the assisted living facility. Mr. Wolff suggested selling it to them for $1.00.

Motion by Mr. Wolff that the light pole be sold at no less than $1.00. Seconded by Mrs. Robinson. Motion Carried.

Mr. Koffler stated that two street lights are out in the subdivision. Mr. Healy stated that CBEC charges a monthly fee for these lights but they do not maintain them. Mr. Breazeale stated that the City would fix the lights.

Mayor Jepsen reminded members of the Veterans Day observation on Thursday, November 11. This will be the last fly-over due to other military commitments.

Mrs. Buschke stated that she had a concern about the camper that is sitting across the creek behind the library. It belongs to Tom Rawlins. Mr. Rawlins is aware of this, but does not have any way to move it. Mr. Breazeale will have Public Works check on it.

Mr. Van Cleave distributed information he collected at the League of Oregon Cities conference. This information related to the theme of the conference and outlines local governments staying in tune with their congressmen. He felt the workshops were very beneficial.

Mr. Breazeale stated that he attended a session on a new approach for budgeting for cities. This approach was to get input from the citizens. Mr. Wolff stated that he is opposed to this type of program since he does not feel that cities should spend more money, but should look at ways to spend less.

Meeting adjourned at 9:20 PM.