MINUTES OF THE CITY COUNCIL MEETING FOR September 11, 2000

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

ABSENT: Council Member: Tom Wolff; City Attorney: Bill Kuhn; Fire Chief: Rusty Estes.

VISITORS: Andrew Johnson, Lisanne Currin, Dan Brosnan.

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

1. GENERAL BUSINESS

    A) Call to Order. Mayor Jepsen called the meeting to order at 7:00 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 announced that there were two additions to the agenda. The first was item 4C: Police radios - authorized expenditure, under "Communications From the Police Chief." The second was 5D: Purchase of new mowing tractor - Public Contract Review Board, under "Communications from the Public Works Director." Manager Breazeale announced that Mayor Jepsen had been voted to receive an award of merit at the Oregon Mayor's Association. He presented a plaque to the Mayor at this time. Copies of letters honoring the Mayor were also presented. Mayor Jepsen complimented Manager Breazeale for his support.


    D) Approval of the Minutes from the August 14, 2000 Council Meeting. Mayor Jepsen asked if there were any corrections to the Minutes. There were no corrections noted. Motion by Councilwoman Sly to accept the Minutes as submitted. Seconded by Councilman Van Cleave. MOTION CARRIED. Abstained: Councilwoman Robinson.


    E) Report from the Planning Commission September 5, 2000 Meeting. Commissioner Kendrick was not present to make a report. Manager Breazeale summarized the meeting, explaining that the meeting consisted primarily of a Public Hearing. He explained that Columbia Basin was considering switching from a below ground cable system to an above ground cable system in the Rasmussen Lott Addition. The overall consensus of the residents present was that of "not in favor" of the overhead lines. Jerry Healy, representing Columbia Basin, withdrew the request to make the change.


    F) Correspondence. Manager Breazeale noted that he had received several pieces of correspondence. The first was a letter from the Heppner Chamber of Commerce, thanking the City for a donation made to the Main Street Banner Committee.


    The next item of correspondence was a letter from Judge Terry Tallman regarding two Tippage Fee awards to the City of Heppner. The first award was $1500.00 toward portable Police radios. The second award was $5000.00 for an Economic Development Coordinator (RARE).


    The next item of correspondence was also from Judge Terry Tallman. It informed the Heppner Volunteer Fire & Rescue Department that they had been approved for an award of $4500.00 for replacement pagers.


    Manager Breazeale mentioned that he had also received a letter from the League of Oregon Cities regarding City Center Information Partnerships. The program is for information resource gathering, and offers information relating to budgets, audits, personnel policies and comprehensive plans, as well as ordinances, studies, revenue raising methods, and other proposals of interest to city colleagues. The Partnership was requesting Heppner's participation in this information sharing opportunity. Mayor Jepsen noted that the League of Oregon Cities was an invaluable public relations resource. The Council offered Manager Breazeale their support in Heppner's participation.


2. COMMUNICATIONS FROM THE PUBLIC.

    A) Oral communications from the public not on the agenda. There were no communications offered.


    B) Andrew Johnson - request to amend City Code, to allow shooting of bow and arrows. The present Ordinance 5-1-2: states that it shall be unlawful for any person to discharge any type of firearm within the City limits. Mr. Johnson was present, and presented a copy of a letter he had written to the City Council. Mr. Johnson stated that he understood the reasoning behind the ordinance and felt that public safety was an important issue to be considered. He would like to see the code changed to allow property owners to be able to shoot bow and arrows in their back yards. Mr. Johnson explained that properly constructed archery targets were large, and difficult to move. He also described the different types of arrows and tips used for both target shooting and hunting. Mr. Johnson mentioned the fact that arrows and tips were expensive, and shooting in one's own back yard made retrieval much easier. Mr. Johnson clarified that he was not asking for permission (for anyone) to carry or shoot bow and arrows anywhere within the City limits. He felt that to be safe, a proper backstop needed to be constructed behind a target, and adults wishing to shoot should possess a proper Oregon Hunters License. He also mentioned that children should not be allowed to shoot bow and arrows unless accompanied by an adult - with permission to shoot on their property, and holding a valid license. He felt that if safety measures were not complied with, the property owner should not be allowed to shoot on their own property. He explained that a proper target backstop should be defined, and common sense rules outlined. Chief Rathbun offered that he had not encountered any incidents of bow and arrow violations this year. Last year he had two incidents, both involving arrows with inappropriate tips. Councilwoman Hedman questioned the possibility of the public using the shooting range at the old dump site. Chief Rathbun explained that the range was only for City employees. Liability insurance was an issue. Councilwoman Robinson felt that it might be difficult to keep tabs on every individual, and every target given the limited number of City employees available. Mr. Johnson felt that possibly a permit situation would be appropriate, and would help regulate safety and performance. Specific arrow tips should be prohibited, and target distances were discussed. Council members felt that it might be better if archery participants could meet and shoot at a central location. Public Works Director Winters noted that there used to be an archery club that met at the auction shed on the fairgrounds. Unfortunately, the liability/insurance became an issue. Manager Breazeale felt that perhaps this issue should be referred to the Police Commission meeting on September 29th.


    C) Dan Brosnan - explanation of proposed Morrow County Levy. Mr. Brosnan brought copies of the Morrow County Local Option Levy proposal offering explanation. The levy will be on the fall ballot for a November 7th vote. Mr. Brosnan explained that for the last several years, revenues were not meeting expenditures. A 1,000,000.00 shortfall will be experienced this next year. The proposed levy will be $1.50 per thousand assessed value. If the levy does not pass, cuts will have to be made to reduce operating expenses. There were thirteen employees laid off this year, and the Road Operating Fund has been reduced to a minimum level. A "no" vote means that County services will be reduced even further. Lisanne Currin, the Morrow County Finance Director offered a detailed explanation stating that the fund should raise an estimated 1,500,000.00 per year. The money will be used for road fund operations exclusively by statute. She explained that after Measure 5 compression, uncollectibles, and the City road tax distribution, it is estimated that this levy will bring approximately $1.1 million to Morrow County. The Cities in Morrow County would receive a percentage of the funds raised according to a state formula. The road fund has historically relied on timber receipts, State Trust Fund money, and permanent rate tax money. Ms. Currin referred to the charts and graphs Mr. Brosnan had distributed to the Council members, and offered additional information detailing timber receipts, Measure 50's impact, and utilities effect on decreased revenues available. Ms. Currin noted that there is presently a Federal bill proposed which is being called "a payment in lieu of taxes." The bill is meant to help replace lost timber receipts. Mr. Brosnan explained that this bill is scheduled to be voted on by Friday. If this Federal bill is passed, it would create additional funds for the County Road Fund. Morrow County receives a special county road allocation from the State because we have so many miles of road and so few dollars of revenue (based on population.) Shortfall projections were given for a four year period in the event that the levy fails. Mr. Brosnan stressed the idea that people understand that the funds that this levy would generate would go exclusively to the road fund relieving pressure on the general fund. Relieving pressure on the general fund would mean decreased cuts "across the board" saving jobs and services. There was some additional discussion regarding property tax compression and decreased revenues resulting from such.


    D) Liquor License Renewals. Mayor Jepsen stated that

there were two requests for renewal. The first was

    Bucknum's, Inc. The second was Devin Oil Co., Inc. tradename: Heppner Chevron Station/Food Mart. Councilwoman Robinson moved to grant renewal for both applications. Seconded by Councilwoman Sly. MOTION CARRIED.


    E) Animal Permit - Anthony B. Clement/Christina Wall.

    The request was for one horse to be kept at 595 South Court Street. Motion made by Councilwoman Robinson to grant permission for Animal Permit. Seconded by Councilman Matthews. MOTION CARRIED.


3. PUBLIC HEARINGS.

    A) Resolution Adopting the City of Heppner First Supplemental Budget for Fiscal Year 2000-2001, and Making Appropriations. Manager Breazeale explained that this was the result of unanticipated revenues that were excluded from the original budget. The largest share of this was from insurance reimbursements from fire rescue calls or motor vehicle accident calls. Included in these revenues are donations made to the Fire Department. The Police Department had also received money from the Tippage Fees. Manager Breazeale explained that the City could receive money in, but the money cannot be spent until authority is given through the budget. There was no public comment.


4. COMMUNICATIONS FROM THE CHIEF OF POLICE.

    A) Activity Report. Chief Rathbun mentioned that he

    had been concentrating his efforts on reducing bicycle activity on Main Street sidewalks. He noted that the incidents had decreased, and he was not in favor (at this time) of painting the "no bicycles allowed" message on the sidewalks. Chief Rathbun mentioned that he was planning on making a presentation at the schools, but had not yet had the opportunity to do so. Councilwoman Sly requested the Council's opinion(s) on painting the message on the sidewalk. The majority of the Council felt that they did not want messages painted on sidewalks unless absolutely necessary. Mayor Jepsen noted that the majority of Heppner's population did not wish to see the sidewalks painted either.


    Chief Rathbun commented that there were no Nuisance Abatement videos to be presented.


    C) Police Commission - Next Meeting September 29, 2000.


    C) Police Radios - authorized expenditure. Chief

    Rathbun explained that he needed permission to purchase three radios for department use. They would be ordered from Wheeler Communications. Motion made to grant permission for purchase of radios by Councilman Matthews. Seconded by Councilwoman Robinson. MOTION CARRIED.


5. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR.

    A) Activity Report. Councilman Van Cleave questioned item #15 on the Public Works Report. Public Works Director Winters explained that the Van Liew residence was at the highest point of the City water system. Director Winters explained that their water comes from reservoir #1. It then travels down the hill, is cut back, and then flows under the County road, back up the hill. Air rises in the water system and becomes trapped causing low pressure.


    Councilwoman Hedman questioned the progress on the

    demolition of the old swimming pool. Director Winters explained that the plan was to demolish the building and push the rubble into the pool. Fill would have to be brought in to bring the level up to grade with the concrete deck. Ray Grace felt that there would probably be no drainage issue, as the finished deck would have an asphalt cover.


    Mayor Jepsen questioned the progress being made with the 8 inch water main tie-in at the fairgrounds. Director Winters mentioned that the State wanted them to bore under the highway at an expense of approximately $22,000.00. It is not known how much rock base the machine would have to bore through. A 14 inch hole would have to be drilled for the 8 inch main. Director Winters is trying to get the State's permission to use a back hoe to dig up the surface to lay the line. The installation expense would be greatly reduced by this allowance.


    Director Winters explained that the City was able to locate the 8 inch main on Gilmore Street in preparation to install a new fire hydrant. The parts have been ordered.


    B) Utilities Commission Meeting - July 20th meeting. Next meeting, September 21st. There was no additional comment.


    C) Parks and Lands Commission Meeting - Next Meeting, September 25th. Minutes from the meeting were included in the Council's packets.


    D) Purchase of new mowing tractor - Public Contract Review Board. Director Winters explained that the engine in the City's old mower had stopped working. The City is investigating the purchase of a new Walker mower from S & G Machinery in La Grande, Oregon. Manager Breazeale explained that the City was looking at an emergency situation without the use of a working mower. S & G loaned the City a mower which must be returned. The cost to replace the engine in the old mower would be approximately $2500.00 plus labor. There are 700 hours of use presently registered on the mower's meter. Additional breakdowns on these older parts are a factor. The City is interested in a new 20hp mower with a 52 inch deck and mulcher which would eliminate bagging, hauling and disposing of grass clippings, eliminating those expenses. The total cost of the new mower would be $10,932.00 with the government discount. S & G Machinery is willing to give the City a trade in allowance of $3,383.00 for the old mower. This would leave a balance of $7,549.00. Manager Breazeale explained that the City does not have budgeted funds in the parts department to buy a new mower. The City is considering a Municipal Lease Program making semi-annual payments over a four year period. The finance rate of 7.25% is very attractive. Councilman Matthews made a motion to declare that an emergency exists under ORS 279.015(4)(a), and approve purchase of a Walker MTGHS 20HP mower with Side Discharge Mower Deck and 8691 Mulch Kit for $10,932.00 less $3,833.00 for trade in on the old mower, for a total of $7,549 from S & G Machinery Co. and to authorize the City to enter into a lease purchase agreement with Naeda Financial to provide financing for the above purchase at an interest rate of 7.25% with 8 semiannual payments totaling $8,579.04. Seconded by Councilwoman Sly. MOTION CARRIED.


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

7. COMMUNICATIONS FROM THE CITY MANAGER.

    A) Resolution No. 432-2000. A Resolution Approving Accounts Payable for Payment. Manager Breazeale noted that enclosed in the Council's packet was a list of current billings. Motion made by Councilwoman Robinson to pay the Accounts Payable as submitted. Seconded by Councilman Van Cleave. MOTION CARRIED.


    B) Resolution No. 433-2000. A Resolution Adopting the City of Heppner First Supplemental Budget for Fiscal Year 2000-2001, and Making Appropriations. Motion to adopt the First Supplemental Budget made by Councilwoman Hedman. Seconded by Councilwoman Sly. MOTION CARRIED.


    C) Resolution No. 434-2000. A Resolution Setting Fees for Dog Licenses, Impound Fees, and Daily Expense Fees. A fee schedule was included in the Council's packet. All Council members had studied the information and were in agreement with the schedule. Manager Breazeale offered that these were the same dollar amounts charged by the City of Pendleton. The License Fee was an annual fee. The Redemption Fee would be charged each time the animal was impounded. The Boarding Fee would be charged on a daily basis for the duration of the animal's confinement. The fees could be changed by resolution. The Police Department will assist with dog control. The Public Works Director will be taking care of the animals at the impound location. Motion made by Councilwoman Robinson to accept the fees as submitted. Seconded by Councilman Van Cleave. MOTION CARRIED.


    D) RARE Application status. Manager Breazeale advised the Council that the City had conducted an interview of one applicant for the RARE program. There were about 25 participants and about 50 communities seeking participants. Mike Meyers was the applicant interviewed. Mr. Meyers had four cities to interview with. He decided to participate with the city of Roseburg. There will be another opportunity to request participants in January.


    E) Heppner Coordinating Council-Oral Report. Manager

    Breazeale noted that the next meeting was scheduled for the 12th, Tuesday morning at 7:30 A.M. at the Forest Service building. Dan Brosnan is on the agenda to discuss the Morrow County Local Option Levy. David Sykes will be discussing Internet marketing and how it has been received in our community. He will also be discussing his proposal called, Zero Money Community Marketing, to market the industrial property vacated by Kinzua. The proposal is for local people putting up "in kind" donations to assist the program. There was some additional discussion as to marketing the old Kinzua Mill site. HEDC has approval from the Port of Morrow to erect "For Lease" sign at the mill site.


    F) Morrow Leadership 2000. Manager Breazeale commented that the first meeting had been conducted at the Senior Center. There was a good turn out. The meetings will take place twice a month for the next three months.


8. COMMUNICATIONS FROM THE CITY ATTORNEY.

    Attorney Kuhn was not present to comment.


9. COMMUNICATIONS FROM THE MAYOR/CITY COUNCIL MEMBERS.

    A) Beautification Commission - Next Meeting, September 14, 2000. Mayor Jepsen asked the Council members if they had any additional communications. There was some additional discussion concerning the demolition of the old pool site using volunteer labor. Dick Wilkenson has offered to donate the fill needed. There was some discussion about putting a BMX and skateboard park at the site. Councilman Matthews mentioned he would do some investigating and present ideas at the next Parks and Lands Commission Meeting on September 25th.


    B) Heppner Housing Authority - Mayor Jepsen, Chairman. Mayor Jepsen reported that the St. Patrick's Senior Center had two apartments that will be repainted and receive new carpet. Manager Breazeale stated that he had placed an advertisement in the Gazette-Times for a "design construct" bid for resurfacing/ restriping and landscaping the parking lot. The proponents will submit a plan for approval.


    C) Neighborhood Enhancement Team - Bob Jepsen, Project Report. Mayor Jepsen reported that the sidewalk project for the S. Biddle and J. Rawlins properties was two thirds of the way completed. This will be the last project of the year.


    Mayor Jepsen discussed re-election/election of Council Members.


    D) Additional Discussion - Annual Evaluation of City Manager. The Council decided to evaluate Manager Breazeale in Executive Session after the next City Council Meeting scheduled for October 9, 2000. Motion made by Councilman Matthews to meet in Executive Session on October 9th. Seconded by Councilwoman Sly. MOTION CARRIED.


ADJOURNMENT: 9:17 P.M.