MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

May 9, 2005

ATTENDEES:

Mayor Tim Van Cleave

City Manager, Jerry Breazeale

Council Members:

Judy Buschke

Tom Wolff

Cindi Doherty

Kay Robinson

George Koffler

Glenn Baker

Ann Spicer, City Attorney

Morrow County Sheriff’s Department, Deputy Randy Rayburn

Morrow County Sheriff’s Department, Deputy Adam Bredfield

Morrow County Sheriff’s Department, Deputy Justin Slinger

Heppner Gazette Times, David Sykes

Absent: Public Works Director, Bruce Nelson

Hepper Fire Department, Chief, Rusty Estes

Members of the Public:

John Gochnauer

Clarice Baker

1. GENERAL BUSINESS

A) Call to Order. The May 9, 2005, meeting of the Heppner City Council was called to order by Mayor Tim Van Cleave at 7:04 PM.

B) Pledge of Allegiance. Mayor Van Cleave led attendees in the Pledge of Allegiance.

C) Announcements.

1) Mayor Van Cleave stated that Mrs. Clarice Baker is in attendance at the meeting regarding an issue that will be discussed in the Public Works section of the meeting.

2) City Manager Breazeale announced that the Budget Committee meeting to discuss the FY 2005-06 Budget will be held on May 10, 2005, at 7:00 PM at City Hall. Wednesday evening is also scheduled in case a continuation meeting is necessary.

3) Approval of the Minutes from the April 11, 2005 Council Meeting. Council members reviewed the minutes and identified the following corrections:

a) Delete Mr. Wolff from the list of attendees.

b) Page 8, Line 8, Change “Mr. Robinson” to “Mrs. Robinson.”

c) Page 8, Para 2, Line 13, Change last word from “is” to “in.”

Motion by Mr. Baker to approve the April 11, 2005, minutes as corrected. Seconded by Mrs. Robinson. Motion Carried.

D) Report from Planning Commission.

1) Mr. Breazeale announced that Mr. Gentry was unable to attend the meeting to represent the Planning Commission and Mr. Breazeale will give the report. The following actions from the May 2, 2005 meeting were reported.

a) Variance request from Hayden Family Dentistry. The request was submitted to reduce the parking requirements at their new location in the old Shoe Box building, to 3 spaces allowed on Main Street. An additional 5 spaces are required off the main street according to the zoning ordinance. The Planning Commission approved the request, but allowed them an additional 3 months to obtain the additional 5 spaces. Mr. Wolff questioned the original request which stated that 9 spaces were required. Mr. Breazeale explained that the original request called for 14 spaces, based on using the outside perimeter of the building for square footage. This along with the number of employees brought the number of spaces to 14. At the Planning Commission meeting, the representative for Hayden Family Dentistry described the space inside that would be actively used, and this reduced the parking requirements to 8 spaces. Mr. Baker asked if the 5 spaces could be in the form of a term lease with the City for use of its space between Hayden’s office and the Post Office for the additional parking. Mr. Breazeale stated that this could be done. However, there is a requirement in the code that this would have to be a continuous obligation to use those spaces as long as they operate their business.

Mr. Koffler asked if the Council could take action to delete the parking requirements. Mr. Breazeale stated that the ordinance would have to be changed, and this has been discussed by the Planning Commission. The requirements would either need to be reduced or eliminated altogether. Mr. Wolff asked if they could be waived in this particular instance. According to Mr. Breazeale this would be setting a precedent for future actions. Mr. Koffler stated that he has concerns about this and feels the City needs to back up and make a different decision for the dentists since they are spending quite a bit to improve Main Street.

Mr. Breazeale stated that when the initial hearings on the ordinance were held, changing the original ordinance was discussed and the parking requirements have been reduced from the original plan. Mr. Wolff feels that the dentists should be allowed to lease the City parking space for $1.00 for 25 years and then allow them go about their business. Mr. Koffler feels that anything the City can do to remove the barriers to people opening businesses on Main Street should be done to allow businesses to come into Heppner.

Mr. Baker stated that he had concerns as to why parking spaces are required. Mr. Breazeale explained the requirements under the ordinance. According to him, these are issues that need to be considered for the future.

Mr. Koffler asked if this was a Planning Commission issue, or does the Council need to make a decision changing the regulations. Mr. Breazeale stated that if parking is to be a requirement in the future, there needs to be a decision made. Mr. Van Cleave stated that a case-by-case basis could be a consideration. Mr. Koffler asked if Mr. Breazeale would be comfortable bringing a proposal for changing the parking requirements to the Council. Mr. Breazeale stated that there needs to be consideration given to existing businesses and new businesses coming in. Mrs. Buschke asked if the process of changing the ordinance was a lengthy process. According to Mr. Breazeale, this is not a lengthy process and could be retroactive. Mr. Baker feels that the standard is not appropriate for Heppner because of the slow rate of growth. He wonders if this is a good or bad ordinance. According to Mr. Breazeale, it depends on the perspective. However, most of the time, there is plenty of parking in Heppner. Mr. Van Cleave asked if Council approval is necessary. According to Mr. Breazeale, it would help if the Council’s thoughts were known so that when the ordinance is drafted, they can be incorporated.

Motion by Mr. Koffler that the City Manager be instructed to draft a new ordinance, or revisions to the current ordinance that would eliminate parking requirements for any existing buildings in town and minimal requirements for new construction in the downtown core area and make this retroactive. Seconded by Mr. Wolff. Motion Carried.

b) Mr. Breazeale reported that the second item that came before the Planning Commission was a request for a catering business to be located adjacent to the downtown district in an R-2 Zone. This would be a low impact business. The mobile kitchen used to prepare the food would be located on site and then taken off-site to where it would be served. The mobile kitchen would be connected to sewer, water, and power while on site. It would be moved rarely, such as in the case of a forest fire when they are catering for fire crews. This is an existing business which Mrs. Hanson plans to purchase. However, it is not allowed in an R-2 zone. The City Attorney has suggested a code revision specific to that type of business at that location. Mr. Wolff asked if this was specific to Mrs. Hanson and Mr. Breazeale stated that it was. Mr. Wolff also asked if Mrs. Hanson would be parking the trailer on her property and Mr. Breazeale stated that she would be, but it would be located behind a fence. Under a Conditional Use permit, the business would be allowed as long as it is in operation. Mr. Koffler asked if the Council needed to make a decision. According to Mr. Breazeale, the Planning Commission has already agreed to this. Mr. Van Cleave asked if everyone was in agreement with this.

Mr. Baker stated that he feels the ordinance revision could apply to many other businesses. According to Mr. Breazeale, home occupations are currently allowed. However this particular one needs permission since it is adding an additional building.

Consensus of the Council was for Mr. Breazeale to pursue the ordinance revision.

c) Sandwich board for Marti Luther. According to Mr. Breazeale, sandwich boards have been allowed. However, this one was for the sandwich board to be off the business premises. The Planning Commission agreed to a temporary permit to allow this as long as it doesn’t obstruct traffic, both vehicle and pedestrian. The Planning Commission agreed to allow the sign via a temporary permit.

F) Correspondence.

1) Request by Chuck Nelson to Use the City Park, on the afternoon of Friday, July 22, 2005. This is not a request for exclusive use of the park, but grants the Nelson’s the right to be there and hold the specific event.. This will also allow Public Works to prepare the ground properly and ensure that sprinklers won’t be coming on during the time it is in use.

Motion by Mrs. Buschke to approve Mr. Nelson’s request to use the park on July 22, 2005. Seconded by Mrs. Robinson. Motion Carried.

Mr. Wolff commented that Mr. Nelson should be reminded not to bring large trucks or other equipment onto the grass to prevent damage to the sprinkler system.

2) Request to hold “Support Our Troops Parade” on May 30, 2005. According to Mr. Breazeale this request needs to be sanctioned as a City event, and then the City would request the permits from ODOT.

Motion by Mr. Wolff to approve this request and bring it under the auspices of the City. Secondedby Mrs. Doherty. Motion Carried.

3) Letter, Bank of Eastern Oregon, April 26, 2005, Subject: Business Resumption Letter of Understanding. Mr. Koffler stated that this is part of the bank’s disaster recovery plan and will allow the bank to use City Hall space temporarily if their building becomes unfit for business. This letter of understanding will continue indefinitely unless either party notifies the other in writing that they desire to discontinue the agreement. Use of the space would be limited for 30 days.

Motion by Mr. Wolff to approve the request by the Bank of Eastern Oregon to use space in the Heppner City Hall for temporary business resumption in case of an emergency situation. Seconded by Mr. Baker. Motion Carried (Mr. Koffler abstained.)

2. COMMUNICATIONS FROM THE PUBLIC.

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

B) Animal Permit Renewal – Dewey Harvey, 235-3 Linden Way, 2 horses.

C) Animal Permit Renewal – Terra and Kathy Wilson, 655 S. Chase, 2 pigs

D) Animal Permit Renewal – Nathan and Kristen Van Cleave, 2 sheep

E) Animal Permit Renewal – Keshie Richmond, 570 NW Gale, 1 rabbit

F) Animal Permit Renewal – Sally Marlatt, 640 N. Elder, 15 hens, 2 roosters

G) Animal Permit Renewal – Blair and Baillie Keithley – 2 sheep

H) Animal Permit Renewal – Tim and Jean Collins – 2 horses

According to Mr. Breazeale, all animal permits submitted are renewals and there have been no complaints on any of them.

Motion by Mr. Wolff to approve all renewals (Items B through H). Seconded by Mrs. Doherty. Motion Carried.

3. PUBLIC HEARINGS. None.

4. COMMUNICATIONS FROM THE COUNTY SHERIFF REPRESENTATIVE.

A) Activity Report. Deputy Slinger outlined the activity report and explained that the report is in the new format used by the Sheriff’s department. Mr. Koffler noted that some of the percentages were incorrect. Total hours for April were 426.5 hours according to the Undersheriff, and are approximately 106.5 hours over the contract requirement. Deputy Slinger stated that these are not charged to the City for the overage. Heppner had more hours than any other city. Mr. Koffler requested that this information be listed on the activity report in the future.

B) Police Commission – April 28, next meeting May 26. Mr. Wolff had a question on the sidewalk construction which is to be paid for with a $50,000 grant. Mr. Breazeale explained that the grant specifies that the money would have to be spent on a project on a state highway. Mr. Wolff asked what this would mean to the entrances to the homes and businesses located on that portion of the highway. According to Mr. Breazeale driveway approaches would have to be under agreement with the individual property owners.

C) Code Enforcements.

1) Breeding Property. Mrs. Spicer stated the required notice has been given to the property owners and they have until May 23 to respond. The City Attorney has also contacted both mortgage holders on the property, but no response has been received from the primary mortgage holder. If nothing further is done by May 23, the City can foreclose on the property and the city may possibly end up owning the property. The property is currently in foreclosure on the other mortgages, but if the city ends up with the property, that foreclosure action would take about 6 months.

Motion by Mr. Baker for the City to proceed with cleaning the Breeding property located on Linden Way, and filing a lien. Seconded by Mr. Koffler. Motion Carried. NOTE: A receiver would be appointed at that time, according to Mrs. Spicer.

2) Property at corner of Elder and Aiken Streets. Deputy Slinger provided a picture of the property, which is two properties at this location. The corner property is owned by a gentlemen from Pendleton, the property to the South of this with the house on it is owned by Carsners. Currently, Dusty Rollis is occupying the house. Some time ago, he pulled down some sheds and there are the remainder of the sheds, some chairs, and other debris, to include tall grass. The property owned by the gentlemen from Pendleton also has extremely tall grass and there is an old TV and other miscellaneous debris on this property.

Motion by Mr. Wolff to proceed with the normal cleanup process on both properties located at the corner of Elder and Aiken Streets. Seconded by Mrs. Robinson. Motion Carried.

3) Mrs. Buschke brought up the property behind Dr. Wenberg’s office on Main Street. According to Deputy Slinger, this property will be brought up next month.

4) Mr. Van Cleave brought up the property next to his house on Cowin’s Street. It appears to be empty, but is in bad condition.

5) Mr. Koffler asked about the vehicles south of town where Brannon’s have vehicles parked. Mr. Wolff stated that this is in the process of being cleaned up or the vehicles moved, and recommended waiting another month. Currently, Melvin McDaniel is using the property.

D) Additional Discussion:

1) Deputy Slinger stated that Deputy Bowles has asked him to request a donation for the bike rodeo on May 27. Last year, $500 was donated by the City towards this. This money goes to purchase bikes to give away, bring the team to Heppner, and purchase helmets. Deputy Bowles has told Deputy Slinger that this year he has given away approximately 9 bicycles in the City of Heppner, which are paid for from this donation and the donations from other businesses in Heppner. In answer to Mr. Koffler’s question as to how many youth attended this function last year, Deputy Slinger stated that there were approximately 40-50 attendees. Last year this event was conducted on Hager Street by the old BMX track.

Motion by Mr. Baker to donate $500.00 towards this effort. Mrs. Doherty feels that if we donate helmets, the youth should be wearing them. She has noticed that a lot of the bike riders are not wearing their helmets. Seconded by Mrs. Doherty.

According to Mr. Breazeale, $500.00 is available. Motion Carried.

5. COMMUNICATIONS FROM THE PUBLIC WORKS DEPARTMENT.

A) Activity Report. In the absence of Mr. Nelson, Mr. Breazeale is presenting the report.

1) Water/Sewer. Approximately 15 house services were repaired. Leaks were repaired on several streets in town (Gilmore and N. Court). A 4” AC line was replaced on Linden Way. On the sewer department, Mr. Harmon and Mr. Sample finished cleaning the sewer lines on Riverside down to the sewer plant. The contractor installed two new manholes and rerouted the sewer line on Riverside because of the way it conflicted with the water line. The sewer line comes in at a very short angle with the water line and according to DEQ and health division rules, there has to be physical separation between the two and usually the water line should be at least one foot above the sewer line and no joints close to this to prevent leakage from one to the other. They investigated a number of options on what to do, and the one that seemed to most satisfactory was to make it a 90^o crossing and install another manhole and put in new pipe. They were trying to clean out the old clay sewer line and after days and days of running gravel out of there, they decided to do this other option. We really need to stay up on the cleaning of the lines to avoid disaster. The new line will be PVC. Repaired a 6” sewer service on Riverside that was crushed and installed cleanouts for future cleaning.

2) Streets. Crews have been cold-patching potholes and helping the County with flagging on the project on Riverside.

3) Parks. The old sprinkler lines at Hager Park have been removed in preparation of running new pipe and control wires. A new red leaf maple has been planted where the spruce tree died. Mrs. Proctor would like to have a re-dedication for the family the tree was planted for. Date is pending. Mr. Doherty has pulled the weeds under the windmill in Heritage Plaza. A new deck for the walking mower has been purchased. Mowing and weed-eating has been done. All parks, except Hager, have been fertilized, and Dobyns Pest Control has sprayed for weeds. Parks are being cleaned and maintained.

B) Utilities Commission Meeting.

1) Mrs. Doherty had a question on delinquency on accounts and what delinquencies refers to. Mr. Breazeale stated that he thinks that if a payment is one day late, it is delinquent. Mr. Van Cleave would like this clarified.

2) With regard to the franchise fee from Heppner Garbage Disposal, Mr. Breazeale stated that this has been paid.

C) Parks and Lands. Mr. Koffler would like the options for the old pool site to be more descriptive. Mr. Van Cleave stated that he has talked to Mr. Fowler and he is willing to assist with the project. Mr. Koffler asked whether the date has been set for a public meeting. Mr. Breazeale stated that it has not. He is working to obtain cost estimates for the options.

D) Water Improvement Project. Mr. Breazeale presented a map which illustrate work done on the project to date. Mr. Wolff stated that he is very impressed with Moore Excavation and the work they are doing. Moore Excavation has also stated that they will work with residents that may be blocked in their driveways to allow them ingress and egress when necessary. Mr. Koffler asked if the highway is all going to be paved. According to Mr. Breazeale, the streets will not be completely paved. Only the part that was dug up.

E) Additional Discussion.

1) Fire Hydrant Issue. According to Mr. Breazeale, there are about three that were called to his attention that were improperly placed, i.e., in driveways, parking areas, etc., which is why Mrs. Baker is attending this meeting. No decisions have been made regarding this. One gentlemen stated that the hydrant was installed where he had been going to install a driveway. There is another similar situation on Riverside that Mr. Breazeale has not checked yet. Regarding the Baker situation, where a fire hydrant is in front of their home. On the up side, there is much better fire flow with the hydrant in its present location, but it restricts parking. The City is considering moving the fire hydrant to a T where the street goes to the Linden Way alley. This will require a change order. City crews can move the hydrant. Mr. Baker asked about the standard for fire hydrant locations and wondered if moving the hydrants would be a measure 37 issue. According to Mr. Breazeale there is no requirement to provide on-street parking for residents and measure 37 does not apply. Mr. Breazeale stated that in the future, the contractor and Public Works Director will walk the location and work with the property owners to agree on location for the hydrants. In answer to Mr. Koffler’s question concerning the locations of fire hydrants, there are only a few places where there hydrants are located in the middle of a block. Mr. Breazeale stated that they are advising property owners who feel that the hydrants are blocking their property access not to wait until construction starts in their particular area . The City is working with property owners to resolve this type of problem. Mr. Wolff approves of this. Mr. Baker asked if Council authorization is required for a change order and Mr. Breazeale stated that it is not.

6. COMMUNICATIONS FROM THE FIRE CHIEF. None.

7. COMMUNICATIONS FROM THE CITY MANAGER

A) Flood Study – Status report. Mr. Breazeale provided an update of the new time frame for the completion of the study. A new date schedule has been provided and the project is moving forward. Maps will not be available and distributed until March of 2007. Until the actual maps are approved, the City is required to use the old maps. Mr. Van Cleave stated that he was impressed with the conference call on this subject. In the future, the person working on the project would like to have a conference call monthly.

B) UGB Adjustment Project – status report. Mr. Breazeale reported that the County has signed the agreement and the time line has been extended for 90 days to allow the staff report to be completed. The project is in process.

C) A Resolution Establishing a Policy for Subsidized Water Fees for the Heppner Little League. This resolution gives the Little League an allotment of $200,000 gallons per field for each of the three fields.

Motion by Mr. Wolff to Approve Resolution 601-05, A Resolution Establishing a Policy for Subsidized Water Fees for the Heppner Little League with a couple of minor word changes: delete the words “without charge” at the end of the sentence and end the sentence with the word “irrigation.” Seconded by Mrs. Robinson. Motion Carried.

D) A Resolution Approving the Transfer of Appropriations Within the 2004-2005 Budget. Mr. Breazeale stated that this is for the fire department to increase the payroll expense line item by $1,000.00 to $4,000.00 for costs for insurance for Workman’s Comp. Motion by Mrs. Robinson to Approve Resolution 602-05, A Resolution Approving the Transfer of Appropriations Within the 2004-2005 Budget. Seconded by Mrs. Buschke. Motion Carried.

E) A Resolution Extending City of Heppner’s Workers Compensation Coverage to Volunteers of City of Heppner. Mr. Breazeale stated that this resolution provides for workers compensation for the various classifications of volunteers for the City, primarily firefighters. Mr. Koffler asked about the $2,500 per month requirement. According to Mr. Breazeale, this is the amount suggested by the insurance company for firefighters.

Motion by Mr. Wolff to approve resolution 603-05, A Resolution Extending City of Heppner’s Workers Compensation Coverage to Volunteers of City of Heppner. Seconded by Mr. Baker. Motion Carried.

F) Engagement letter from Barnett & Moro. Mr. Breazeale explained that the City has required the annual audit be done by the end of October. Since Ms. Devin will be absent in July, the City is asking for an extension until December 31, 2005. Mr. Breazeale also stated that Ms. Devin intends to retire in another 1 ½ years. Mrs. Devin has requested the extension to allow time to prepare for this, due to the Fiscal Year changeover. Mr. Koffler stated that he is concerned that the audit will be done in a timely manner to make sure the City’s books are where they are supposed to be. He wondered if the audit could be moved up. According to Mr. Breazeale, the books cannot be closed out until June 30. Mr. Wolff has concerns about the internal controls for this. Ms. Devin will be gone from July 1 through July 15. This time period is during the time when the books are changed over to the new fiscal year. Mr. Wolff feels there should be management processes in place to avoid a crisis situation. Mr. Baker would like to grant the extension and agree to work on an accounting control.

Motion by Mr. Koffler to approve the engagement letter under duress allowing the audit report to be delivered no later than 12-31-05. Seconded by Ms. Doherty. Motion Carried.

G) A Resolution Approving Accounts Payable for Payment.

Council members reviewed the Accounts Payable for April 2005 with the following questions:

Mr. Koffler asked about the Amount due to H. G. Fowler Company. According to Mr. Breazeale this was for supplies and parts for the sewer. He also questioned the check for $4,666.66 to Rural Development Initiatives. According to Mr. Breazeale this was for Morrow Leadership Training and was funded by grants from the Forest Service and Ford Family Foundation. Mr. Wolff had a question on the bill to Cliff’s Septic Tank Service; Mr. Breazeale explained that this was the charge for TV’ing the sewer lines.

Motion by Mr. Wolff to approve Resolution 604-05, A Resolution Approving Accounts Payable for Payment. Seconded by Mr. Koffler. Motion Carried.

H) April Financial Statement. Provided for Council review.

I) A Resolution Establishing the Utility Assistance Program fund as a City Function to provide for a Program to Provide Emergency Assistance to City of Heppner Customers Who Are Temporarily Unable to Pay Their Water or Sewer Charges and Would Otherwise Have Their Service Disconnected.

Mr. Breazeale explained that the Council had discussed establishing a fund for people who were temporarily unable to make payment on their water and sewer bills to keep their service from being disconnected. This fund would be supported by tax deductible donations to the Utility Assistance Program. The donations would be deposited in this account. Recommended payment to recipients would be made by a non-profit organization set up by the City to investigate requests and state that the applicant has met all the qualifications for payment towards their account. Mr. Wolff questioned the “tax deductible” wording. Mr. Breazeale stated that the City is a 501C3 organization. A committee would be appointed by the City to oversee this.

Motion by Mrs. Robinson to adopt Resolution No. 605-05, A Resolution Establishing the Utility Assistance Program fund as a City Function to provide for a Program to Provide Emergency Assistance to City of Heppner Customers Who Are Temporarily Unable to Pay Their Water or Sewer Charges and Would Otherwise Have Their Service Disconnected. Seconded by Mrs. Buschke. Motion Carried.

8. COMMUNICATIONS FROM CITY ATTORNEY. None.

9. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

Mrs. Robinson asked if any sirens would going off in Heppner for the CSEPP . Mr. Breazeale stated that the City has a reader board parked by the old mill site, but will not have any information displayed. The reader board is mounted on a truck. Mr. Wolff asked if this reader board could also be used during City celebrations, etc. In answer to questions on the St. Patrick’s celebration, Mr. Van Cleave stated that the article in the Heppner newspaper was not completely accurate and that the year-end meeting has not been held yet.

A) Beautification Commission. Mr. Koffler stated that he would like the 4 recommendations for the old pool site to be more descriptive.

Next meeting to be held on May 12, 2005.

B) Heppner Housing Authority. Next meeting on May 31, 2005. Mr. Koffler asked about the results from the meeting held at the end of April. According to Mr. Breazeale, suggestions were made, but nothing concrete was decided. There are 3 vacancies. There were questions on the rent increase. Mr. Wolff asked if the annual rent increases were based on the SSI cost-of-living increases. According to Mr. Van Cleave, they are intending to wait and see on future increases after the initial $20.00 increase on June 1. According to Mr. Breazeale, they are monitoring this. Mrs. Buschke stated that there has been no complaints from the residents on the rent increase.

C) Safety Committee: Next meeting on June 7, 2005. Mr. Baker asked if OSHA ever inspected in Heppner. According to Mr. Breazeale, they can. Other organizations/businesses in town have been periodically inspected. Most of the items referenced in the CIS inspection have been taken care of and the City is in compliance.

D) Mayor/Councilor Comments.

1) Van Cleave reported on the Cities of Character issue. He has ordered sample packets for the program for information. Minimal participation would provide bulletins to provide to City employees. They are $2.00 each per month. A resolution by the City would enable the City to put information on the program on its web site. No training is required. Mr. Van Cleave is waiting for the information.

2) Mr. Wolff stated that CBEC is also preparing an emergency plan and is also planning to ask the City for use of space similar to the Bank of Eastern Oregon’s request. Mr. Van Cleave asked if the City has to do this also, and Mr. Breazeale stated that as of this date, there has been no requirement.

Meeting adjourned at 9:15 PM.