MINUTES OF THE
ATTENDEES:
Mayor Tim Van Cleave
City Manager, Jerry
Breazeale
Council Members:
Judy Buschke
Tom Wolff
Cindi Doherty
Kay Robinson
Ann Spicer, City
Attorney
Duane Jones, Planning
Commission Representative
Bruce Nelson, Public
Works Director
Heppner Gazette
Times, David Sykes
Absent:
Members of the
Public:
Nate Arbogast
1. GENERAL BUSINESS
A)
Call to Order. The
B) Pledge of Allegiance: Mayor Van Cleave led attendees in the Pledge of Allegiance.
C) Announcements. None
D) Approval of the Minutes from the
1) Page 10,
2) Page 4,
3) Page 6, Last sentence: Change February 31 to February 28.
Motion by Mr. Wolff to approve the
E) Report from the Planning Commission – Duane
Jones. Mr. Jones reported that this is
the first Council Meeting he has attended as Planning Commission
Representative. Issues discussed at the
1) A request for a variance for vacation of an undeveloped alleyway in order for Mr. Breazeale to construct a garage on his property. Mr. Breazeale wants to purchase two small adjoining parcels of property along with this. These parcels currently belong to Kuhn/Spicer. The alley is not developed. Mr. Breazeale intends to demolish several old sheds located on the property. He submitted two options; one for construction if the alley is vacated, and the other one if the alley vacation was denied. The only objection was from a neighbor who owns the property immediately to the north of the Breazeale property (Mr. and Mrs. Hasel). Mr. Hasel was in agreement with the Breazeale request, but had concerns that at some point in the future he would like to have access to his property. This was discussed in detail and the final decision was to allow a 3 foot setback from the property line for the proposed garage and vacation of the alley with the condition that Mr. Hasel and Mr. Breazeale would agree to an easement that was agreeable to both parties. Both options were approved to allow construction to proceed if, for some reason, the vacation of the alley did not proceed. Mrs. Spicer reported that they had no problem with access since they are selling their property to Mr. Breazeale, and none of the other property owners had objections. Mr. Van Cleave stated that he had talked to the Hasel’s son-in-law, Karl Bender, on another matter and Mr. Bender had informed him that the Hasels were satisfied with the agreement. This will be submitted for Council approval later in the meeting.
2) Mr. Jones reported that a situation concerning construction of a home on property an individual had purchased in the proposed urban growth boundary. A situation developed wherein the adjoining property owners objected to this and the transaction was cancelled. Due to this, the person may not move to the community.
F) Correspondence. None.
2. COMMUNICATIONS FROM THE PUBLIC.
A) Oral communications from the public not on the agenda. None.
B) Animal Permit Renewal – Kenneth Collins,
Motion by Mrs. Robinson to approve the renewal. Seconded by Mrs. Buschke. Motion Carried.
C) Request for Alley Vacation – Alley lying East of Lots 14, 13, and a portion of lot 12, Johnson Addition. Mr. Breazeale declared a conflict of interest since he has a financial interest in the transaction.
Discussion: Mr. Breazeale explained his site plan and the Planning Commission’s decision. He showed the drawings of the proposed building and location of the easement. The garage will be a one and one-half story building built to compliment the house in style and color. He stated that he is very anxious to get rid of the existing sheds. He is asking for the City to initiate the vacation of the alley which would involve publication in the newspaper and posting a sign at each end of the alley. A public hearing would be heard, and action would be taken to vacate the alley. The small parcel behind Keithleys which is next to the Hasel property is a small parcel owned by the City. Mr. Breazeale stated that although the parcels appear large on the map, but in actuality, they are quite small.
Motion by Mr. Wolff to approve the vacation of the subject alley as requested. Seconded by Mrs. Doherty. Motion Carried.
3. PUBLIC HEARINGS
A) Ordinance No. 550-05, An Ordinance Creating Public Contracting Regulations as Required by ORS Chapter 279A, 279B, and 279C And Declaring An Emergency.
Discussion: Mrs Spicer stated that the last legislature tried to put everything together for public contracting. This ordinance makes it easier to opt out of the state’s rules and is based on the League of Oregon Cities model. Mrs. Spicer strongly urges the council to pass this ordinance.
B) Ordinance No. 551-05, An Ordinance Granting
to Inland Development Corporation, an Oregon Non-profit Corporation, a
Franchise to Construct, Operate and Maintain a Telecommunications Network
Within the
C) Ordinance No. 552-05, An Ordinance Granting
to Windwave Technologies, Inc. dba Windwave Communications, an Oregon
Corporation, a Franchise to Construct, Operate and Maintain a
Telecommunications Network Within the
Discussion on Items 3B and 3C. According to Mrs. Spicer, Mr. Kuhn has already briefed the Council on these, but has concerns on the liability. Mr. Koffler asked if there are any differences between these and the other franchises. Mr. Breazeale explained that the CBEC and Heppner TV have the same type of agreement, but CenturyTel does not. These agreements would protect the City from damage from the other company’s equipment, but at the same time protect the utility from the City damaging their equipment. The City will be drafting a new agreement with CenturyTel with the same terms.
Mr. Baker asked if the contracting regulations are in agreement with the federal requirements. According to Mr. Arbogast, their attorney has reviewed the agreements for Inland Development and Windwave and he has stated that the agreements meet his approval.
PUBLIC HEARINGS CLOSED AT
4. COUNCIL ACTION
A) Ordinance No. 550-05, An Ordinance Creating Public Contracting Regulations as Required by ORS Chapter 279A, 279B, and 279C And Declaring An Emergency.
B) Ordinance No. 551-05, An Ordinance Granting
to Inland Development Corporation, an Oregon Non-profit Corporation, a
Franchise to Construct, Operate and Maintain a Telecommunications Network
Within the
C) Ordinance No. 552-05, An Ordinance Granting
to Windwave Technologies, Inc. dba Windwave Communications, an Oregon
Corporation, a Franchise to Construct, Operate and Maintain a
Telecommunications Network Within the
Motion by Mr. Wolff to approve Ordinances 550-05, 551-05, and 552-05 respectively. Seconded by Mr. Koffler. Motion Carried.
5. COMMUNICATIONS FROM THE COUNTY SHERIFF
REPRESENTATIVE.
A) Activity Report. Deputy Rayburn stated that the new format is included in the packet. Council members voiced disapproval of the new format, which is due to a new system. Undersheriff Myren stated that a newer system is coming out the end of March and should be an improvement.
B) Police Commission – February 24, next meeting March 31. Most of the discussion at the last meeting was related to the new contract.
C) Ordinances/code enforcements. With reference to the Breeding property, Mrs. Spicer reported that the City Attorney is contacting the mortgage companies with regard to obtaining a priority lien and a letter should go out next week. Mr. Koffler asked about the cost for cleaning the property and associated attorney’s fees. According to Mr. Breazeale the cleaning costs would be approximately $1500. Mr. Koffler asked if the attorney fees would be included in the lien and Mrs. Spicer stated that they are still researching this and in all probability the attorney fees would be included in the lien.’’
D) Additional Discussion – Intergovernment Agreement for Sheriff’s Services.
Discussion: Undersheriff Myren stated that the draft contract states that the start date would be April 2 and this needs to be amended to read July 1 to June 30 of the following year. The City Attorney would need to make a ruling on starting the contract earlier. Mrs. Spicer stated an amendment would be needed. Mayor Van Cleave opened the issue for Council discussion.
Mr.
Wolff stated that he has issues with paragraphs 1 and 2 of the document and
feels they have nothing to do with the contract. On Page 2,
With reference to the vehicle issues, the current contract stated that Heppner would provide patrol cars on the same rotational basis as the Sheriff’s office which is every three years. However, Heppner has only provided one so far and the other vehicle is a 1999. This contract reflects changing the $7,000 to $14,000 to get this in line so that every three years the two cars that are purchased under this contract are replaced. This would make the figure $210,412.36. This would include 3 people with the additional $7,000 to get the vehicle in line, and the wage increases. Mr. Wolff stated that under the current contract, City funds are used for a vehicle. Undersheriff Myren stated the agreement is that at the end of three years, the vehicles would be returned to the City for disposition. Under the new contract, the vehicles would not be specifically identified as Heppner vehicles. In answer to Mr. Wolff’s question, Undersheriff Myren stated that the cars stay with the same officer upon rotation, even though they would be Heppner vehicles. Undersheriff Myren stated that when the County is through with their vehicles, they are turned over to the county for other uses. The state no longer sells the vehicles as surplus.
Mr. Koffler asked if paragraphs 1 and 2 need to be included. Mrs. Doherty and Mrs. Robinson did not see any reasons for paragraphs 1 and 2. Mrs. Spicer does not see a reason for them to be included. Mr. Koffler asked what is in the current budget for this. According to Mr. Breazeale it is $182,000 +/- plus $7,000 for the vehicle. Mrs. Robinson stated that she does not like the idea of going to 80 hours and would like a cost for 100 hours. Undersheriff Myren stated that we could word the contract to start with 80 hours and have the option to go to 100 hours. He would rather have the contract start at 80 hours and increase. Mr. Wolff asked about what inflation would be. Undersheriff Myren stated his accountant does these figures.
Mr. Baker discussed the number of hours. He wonders if we can get by with 80 hours. According to Mr. Van Cleave, with turnovers we have had 80 hours quite often. Sheriff Matlack wants to see plenty of coverage in the South end of the County. There are also deputies living in Heppner, even if they not assigned to Heppner. Mrs. Buschke stated that she does not want to see the police coverage cut in Heppner. Mr. Baker asked about tracking the deputies; would it be by minutes or hours. Undersheriff Myren stated that there will be plenty of coverage in Heppner. Mr. Koffler wanted to know what the budget would look like. According to Mr. Breazeale, we should be all right, but that if the Council wants more coverage, they will have to fit it in.
Mr. Van Cleave asked for the Councilor’s views on 100 hours. Mr. Baker stated that 100 hours would be agreeable. Mrs. Buschke stated she could probably live with it, but does not like the idea. Mr. Wolff would like to see 120 hours, but allowing for inflation which could go up. He would agree to 100 hours. Mr. Wolff asked for the period of the contract and Undersheriff Myren and Mr. Breazeale stated that it is renewable every year. Mrs. Robinson prefers 100 hours. Mrs. Doherty feels 80 hours would be adequate. Mr. Koffler stated that he could live with 80 hours, but prefers starting at 100 hours. Mr. Cowett stated that his concern is cutting to 80 or 100 hours. He would like to stay at 120 hours because if things change we would be stuck with the lower hours. If the contract was terminated, there might be enough for this. He stated that the whole objective is to keep the crime rate down. He stated that rotation should eliminate personnel leaving the department, since their experience would be in more diverse areas.
Travel time would not be billed to Heppner; only the hours within the patrol area. There could be
a situation where Heppner was not covered, but the 80 hours would be returned to Heppner. The report will show how many hours are served in Heppner. Heppner time would be total so conceivably be more hours expended. Deputy Bredfield stated that many times, there are more deputies in the city. According to Mrs. Doherty we don’t know the sheriff and whether he will follow through on his policy. Mr. Breazeale stated that he would suggest rewriting the contract and come to the next meeting for approval. Council consensus is that Undersheriff Myren could rewrite the contract deleting the first two paragraphs and include 100 hours. Mr. Baker feels there should be a “termination for convenience”clause included in the contract. According to Mrs. Spicer there is already such a clause. Mr. Wolff asked if another month is too late for the budget process. Undersheriff Myren stated that his only concern is that he needs to hire two more officers. Mr. Breazeale stated that a cost amount for the extra two months needs to be included.
Patrol area: Mr. Breazeale stated that currently under the present contract, there is a Heppner patrol area. This was done so that the area could be defined and outside the City limits would be on the sheriff’s time. This is the existing contract. The new contract should change this to only cover within the city limits. Mr. Cowett stated that during his time in the police department, he would patrol the mill site occasionally. Undersheriff Myren stated that his feeling is that the patrol area should remain the way it is so that the city would not be paying for it. He has not discussed this with the sheriff, but he feels he would be agreeable to this. Mr. Wolff likes the idea of occasional patrols out of town and feels this would be fair and prefers likes the idea of including the dam, fairgrounds, and mill site. Mr. Breazeale stated that he doesn’t think it is appropriate for people that are not paying taxes in the city to get the benefit of police service. The patrol area should be defined. as the Heppner Patrol Area. However deputies handling cases outside the city limits would not be billed to Heppner time. Undersheriff Myren will retype the contract with the changes and have it ready for review later this week.
On another subject, Undersheriff
Myren stated that the Sheriff’s office will be sponsoring a get-together for
National Telecommunicators’ Week and is asking for permission for music. This will be held on April 9, between
Motion by Mr. Wolff to approve this
request for music during the middle of the day on
6. COMMUNICATIONS FROM THE PUBLIC WORKS
DEPARTMENT
A) Activity Report. Mr. Nelson reviewed the Public Works report included in the packet.
1. A new manhole has been installed on
2. The telemetry system is in the process of being repaired. It is not sending data to Well 1 because it doesn’t shut off.
3. They have been sweeping streets in
preparation for St. Patricks. The
shamrock will be painted on Tuesday at
4. One half of the guard rail is up on
5. Mr. Wolff asked whether the school district has submitted an insurance claim on the sewer spill. According to Mr. Nelson, he is not sure. According to Mr. Breazeale the insurance companies are dealing with this.
B) Utilities Commission. Next meeting March 17. Mr. Wolff stated that he feels we need a larger commission and feels a member at large should be appointed. Motion to the Council that the Utilities Commission should be expanded by one member, and recommends Bob Jepson. Seconded by Mrs. Doherty. Motion Carried.
C) Parks and Lands commission Meeting – Next meeting March 22.
D) Old Pool Field Trip, April 14,
7. COMMUNICATIONS FROM THE
A) Mr. Wolff stated that Mr. Estes had met with him and was concerned that the city had turned their backs on the fire department. Motion by Mr. Wolff to endorse the Fire Department’s efforts to explore funding efforts for expanding the fire department. Seconded by Mrs. Robinson.
Discussion: Mr. Koffler asked if eliminating this item from the City Goals would affect Mr. Estes’ efforts. He also stated that he was surprised that this was not included in the goals. According to Mrs. Robinson, the Fire Department is handling this and does not want any funds from the people of the city. According to Mr. Wolff, Mr. Estes felt having the Council endorse his efforts was sufficient. Mr. Baker feels that the City would be sponsoring the efforts. Mrs. Robinson stated that it was her understanding that the Fire Department is investigating some grant funding that may be available.
Question called for by Mayor Van Cleave: Motion Carried.
8. COMMUNICATIONS FROM THE
A) Flood Study – Status Report. Mr. Breazeale reported that currently, this seems to have come to a halt. The latest information is that the contractor is waiting for more funding from FEMA. According to Mr. Breazeale, they are still waiting for the final report on the hydrology and topography to be finished.
B) Community Rating System Application. The Community Rating System application has been submitted. Mr. Breazeale spoke with Linda Ryan with the program and according to her we are going to qualify for at least a 9 and maybe an 8. A 9 is 5% and an 8 is 10%. Mr. Breazeale has asked Ms. Ryan to let him know if we are close to the next lower level to let him know so that we can do some work to go to the lower level.
C) Land Use Committee – UGB Adjustment
Intergovernmental Agreement. Mr.
Breazeale stated that the latest information is that since the golf course has
asked to be included in the UGB expansion, this gives us a consolidated block
that want to be included with the exception of two properties that are located
right in the middle. Mr. Breazeale has
not been informed on how strenuous these property owners are on their
objections now that the golf course has agreed to be included. If the City or County initiates the UGB
adjustment, apparently it relieves them from having to pay the back taxes if it
comes out of
Motion by Mrs. Doherty to sign the
intergovernmental agreement between the
D) Water Improvement Project Preconstruction
Conference. Mr. Breazeale reported that
the Preconstruction Conference will be held on
E) Resolution No. ______, A Resolution Establishing that all Unused Deposits for Water and Sewer Service Shall be Refunded Without Interest Accruing, and Determining When Deposits Shall be Returned. Mr. Breazeale briefed the Council on the City’s tentative plans for effecting this. This was discussed at the last Utilities Commission meeting. Customers that have had good payment records would get their deposits back. Deposits are based on a two-month average usage. The City would like to be able to apply the deposit funds to accounts. Mrs. Spicer stated that she has a specific concern with this. The current ordinance does not have a provision to re-up and require a new deposit in the case that someone becomes delinquent after 24 months of good credit. She recommends rewording the ordinance to allow for a new deposit if a customer becomes delinquent. Mrs. Robinson recommended tabling this issue until research is complete. Mr. Wolff feels we should refund deposits to customers with good records. The consensus of the Council was to table this issue until the City Attorney can modify the ordinance. Mr. Koffler suggested a letter of credit policy for new customers in lieu of requiring a deposit.
Mr. Van Cleave mentioned the “Helping Hearts” program. Mr. Breazeale stated that his intent was to put a line item in the budget for this. Mr. Van Cleave stated that this has worked quite well with CBEC. Mr. Breazeale asked to put together a program for this and bring it to the Council for approval. The administration of this fund would have to be determined. According to Mr. Wolff, this works well for CBEC. Mr. Breazeale agreed to work on this for the next Council meeting.
F) Resolution No. _____, A Resolution Approving the Transfer of Appropriations Within the 2004-2005 Budget. Mr. Breazeale stated that this resolution asks for transferring funds $7,600 from the general fund contingency to the miscellaneous expense line item within the administrative division of the general fund. Much of the money to be transferred is for expenses for the City Hall that weren’t budgeted in for the loan payments. There are sufficient funds to pay for this, but no line item. Mr. Koffler asked how much the miscellaneous expenses have been spent this year and Mr. Breazeale stated the amount was $1,901. This was for the City Hall budget. Mr. Koffler asked how much the miscellaneous expense was and Mr. Breazeale replied that the total budget was $9,920. To date $10,788 has been spent. The other line item was for conferences and meetings which was $1,800. The actual was $1,674. A lot of this expense was for Mayor Jepsen’s retirement dinner. Even though the City charged for the dinner, it had to be paid for out of this line item. Mr. Koffler asked if there were big plans for the rest of the year, and Mr. Breazeale stated that the money was being transferred to make sure there was a cushion in the fund. Mr. Breazeale stated that it is possible to over-expend a line item as long as the bottom line is ok. The City Treasurer likes to make sure that the lines will show a positive in all cases. Mr. Koffler asked how often this was done every year and Mr. Breazeale replied usually once.
Motion by Mr. Koffler to approve Resolution 595-05, Approving the Transfer of Appropriations Within the 2004-2005 Budget Seconded by Mr. Wolff. Motion Carried.
G) Resolution No. _____. A Resolution
Establishing
Motion by Mr. Wolff that the Council accept Resolution No. 596-05 with a 3% salary increase. Seconded by Mrs. Doherty. Motion Carried.
H) Resolution No. _____, A Resolution Approving Accounts Payable for Payment.
Mr. Koffler questioned the Expense to De Lage Landen Financial Services in the amount of $299.11. According to Mr. Breazeale, this is for the copier lease, which is in the last year.
Mr. Wolff questioned the Expense to Wheeler Communications Company, which Mr. Breazeale explained was for the Fire Department Radios.
Mr. Koffler stated that he would like to see where our spending is in relationship to the budget. Mr. Wolff stated that this chart does not show this because the budget is not broken down by month. Reports are available in City Hall.
The
expense to the City of
Motion by Mr. Wolff to approve Resolution 597-05, Approving Accounts Payable for Payment. Seconded by Mrs. Robinson. Motion Carried.
I) February Financial Statement. – Reviewed by Council.
9. COMMUNICATIONS FROM
10. COMMUNICATIONS FROM THE MAYOR/
A)
Beautifications Commission. Next
meeting April 14. Mr. Koffler stated
that in his statement in the March minutes, he meant to say that he supported
B) Heppner Housing Authority. Next Meeting March 28. Mr. Jepsen reported that there are 4 vacancies and they are losing money. Rent is being increased by $20.00 per month beginning June 1. According to Mrs. Buschke, rents have not been raised in 6 years. There is a waiting list for the center; however, there are conditions such as selling homes, etc., before the people would be able to move into the center. The rent increase is based on a full facility.
C) Personnel Committee. Mr. Van Cleave stated a contract for the City Manager has been drafted. Mr. Wolff stated that the Personnel Committee held an initial meeting to discuss a contract for the City Manager. Copies of contracts from other cities were reviewed and pertinent clauses were combined to come up with a contract that the committee was satisfied with. The committee recommends that the Council approve the contract. Mr. Breazeale stated that the contract contained everything the committee wanted in the contract. This item was tabled until next Council Meeting in order to allow a thorough administrative review.
D,
E) Safety Committee. Resolution No. _____ A Resolution Recognizing
the
Motion by Mrs. Buschke to approve
Resolution No. 598-05, A Resolution Recognizing the
F) Mayor/Councilor comments.
1) Mayoral Appointments.
a. Parks and Lands Commission – Ratify appointment of Joanne Burleson.
b. Budget Committee – Ratify appointment of Keith Lewis.
Motion by Mrs. Robinson to approve these appointments. Seconded by Mrs. Buschke. Motion Carried.
2) Additional Comments.
a. Mr. Nelson stated that he would like to declare water pumps at the gravel yard, the Bob-cat loader, the Jeep, and the “police car” surplus. He would like to purchase a Ford Ranger pickup with a “Tommy Lift” and purchase a John Deere tractor for use. He would like to sell these items in April. Mr. Koffler asked how this is done and Mr. Breazeale stated that we need to stay within our present budget for capital improvements. Mr. Wolff asked if this could be done next month. He would like this information included in the Council packet next month.
b. Mr. Koffler asked about the budget process. Mr. Breazeale explained that the initial meeting would be in May, and a second meeting would be held if required.
c. Mayor Van Cleave distributed literature on
the Building a City of
Meeting adjourned at