MINUTES OF THE CITY COUNCIL MEETING

SEPTEMBER 10, 2001

PRESENT: Mayor Bob Jepsen; Council Members Kay Robinson; Kari Keown; Tom Wolff; Rita Hedman, Tim Van Cleave; City Manager Jerry Breazeale; Interim Police Chief Merle Cowett; City Attorney Bill Kuhn

VISITORS: Charles Holt, Skip Connor, Judy Buschke, Barb Orwick, Judy Kenison, Don Kenison, Ginger Keithley, Vern Keithley, Kenneth Norris, Cyde Marie Estes, George Koffler, Bob Ployhar, Jack Ployhar, Colleen Ployhar, Marjorie Kenny, Jim Norene, Margaret Flaherty, Tom Sly, Pat Prock, Joyce Ward, Evelyn Sweek, Lil Boyce, Gwen Healy, Ed Struthers, Marie Struthers, Martha Doherty, Rick Drake.

1. GENERAL BUSINESS

A) Call to Order. Mayor Jepsen called the meeting to order at 7:00PM

B) Pledge of Allegiance. Mayor Jepsen led the Pledge of Allegiance to the Flag.

C) Announcements: Mayor Jepsen welcomed all visitors and asked that they all sign the sign-up sheet for the record. City Manager Jerry Breazeale added the following items to the agenda:

Additions to Council members' meeting packets: sheet detailing "Benefits to the Heppner community for a Library/City Hall collaborative building project" (page 2 of included page); and the City Manager evaluation form for use at the next meeting.

D) Approval of Minutes of Aug. 13, 2001, Council Meeting.

Mayor Jepsen asked if there were any corrections or additions to the minutes. Tom Wolff noted on page 5 asked to strike comment that the property was "good for the City to own." Mayor Jepsen noted that on the same page, City Attorney Kuhn was referred to as City Counsel. Motion to approve minutes as corrected by Kay Robinson, seconded by Tom Wolff. MOTION CARRIED.

E) Report from the Planning Commission: None

F) Correspondence: City Manager Jerry Breazeale presented the following correspondence:

Letter from the League of Oregon Cities noting dispute between Qwest (formerly US West) and the City of Portland over franchise fee. League of Oregon Cities recognizes franchise fees are a significant source of income for Cities. LOC is inviting Cities to contribute to or participate in the litigation. LOC is suggesting a contribution of 3% of the annual franchise fee receipts. Tom Wolff moved to allocate 3% of telephone franchise receipts to LOC legal fund, seconded by Kay Robinson. MOTION CARRIED.

2. COMMUNICATIONS FROM THE PUBLIC

A) Oral Communications from the public not on the agenda:

B) Eddie Travino - Personnel Recruitment: Postponed to City Manager's report.

Mayor Jepsen announced that the discussion of the Library/City Hall project will follow a prescribed procedure: All Council meetings are taped, so anyone wishing to speak is to stand and give his name for the record. Mayor Jepsen asked that only one person at a time speak and that others respect the speaker's right to be heard. Everyone who wishes to be heard will be given an opportunity to speak.

C Bill Kuhn - Library/City Hall Project:

Bill Kuhn, speaking on behalf of the Library/City Hall Project, noted that the library and City have been working on this project for four years. He noted that the community has suffered the loss of the mill and that many community members are on fixed incomes. He sees this project as an opportunity to move forward and develop our vision for the future. The current library is second rate; the library proposal offers opportunities for our children that make this project worthwhile even if there were no other advantages and there are many. The ideal of our children valuing learning and knowledge by teaching our children how to attain and use knowledge and the obvious tool for this is the library.

He noted the following positive aspects of the project:

a This project tells the world that we care about knowledge, education and our children. There is no better way to sell the community than by building a new library. It shows we have vision. He noted that the Cities of Echo (which is now larger than Heppner) and Stanfield have both recently built libraries and city halls. The City of Irrigon is also working on new library and city hall construction projects.

b Our current library is woefully inadequate: there's no shelf space, no room for new equipment, and no room for people to read or meet.

c This project may bring 1-1.2 million dollars into this community and there is a good probability that that money will be paid out to local contractors. The Oregon Trail Library District acquired a building and remodeled it in the city of Boardman. Local tax dollars paid for that project. The remodeling contractor was Dave Alstott. Not only do we get that money into the community, but we multiply it by having local contractors do the work. The money will come from outside foundations, such as the Fred Meyer Foundation, and other corporations that want to help communities better themselves. One of the things that granting entities are looking for , besides libraries, which score very high on applications, is whether it will produce a multi-use building. That is where the collaboration with the City comes in. The appropriate grants were pinpointed by an organization which locates grants for specific projects. They have specified the organizations to go to and the amounts the organizations will give, if we proceed with this project. If we don't get the grant money, we won't do the project. If we don't do the project, we lose the opportunity to get the money. And if we don't do it in conjunction with the City Hall, we don't have a chance of getting the grants.

d Of course, there is a price tag associated for the citizens of Heppner. The City is going to have to raise $200-250,000. The City's bonded indebtedness is scheduled to phase out by 2009. The current average homeowner/businessowner pays $2.96/$1000 for indebtedness that the City has incurred through the sale of bonds. That totally disappears by 2009. IF the City was to go for a general obligation bond and tax property to build the new Library/City Hall it would cost $.44/$1000.

e The City has no other infrastructure projects planned to increase its bonded indebtedness. It will take at least 2 or 3 years to get this project put together. Before Measure 5 was implemented, the average citizen of Heppner paid $15-$16/$1000 for the combination of operations and bonded indebtedness-much more than they are paying now. Concerns have been expressed about problems in the City sewer and water system which need to be fixed. Right now the City has no overriding infrastructure problems that are not be handled by the City within the current City budget. Specifically, nothing is broken down at the sewer that the City is not in the process of fixing.

f The new library will be able to offer programs for children and patrons that cannot be offered now because of the lack of room.

g The downtown site has been a matter of concern. The projected site is the least expensive site to build a new city hall/library complex. It is already city owned, nothing has to be torn down, there are no flood plain concerns. The lot has been vacant since the Thomson Brothers fire. Nobody has asked to build on it, there are no hot or cold prospects for anybody to buy or build on that property.

h The location would increase the use of the downtown area drawing more people into local shops.

i There will be no parking problem with the acquisition of the Fulleton property. There will be plenty of parking for patrons, plenty of parking for employees.

j The current City Hall is not an illustration of our City vision or pride. This building is a remodeled garage. The City has looked over the last half dozen years at the possibilities of remodeling, particularly accomplishing Americans with Disability Act compliance. There are two restrooms in the building and they are not wheelchair accessible. Remodeling estimates have varied between $90,000 and $210-220,000, just to do the basics. Four to five year old bids are available for review.

k A new Library/City Hall would save utility costs for both entities.

l The Library district built a new library in Boardman. That building has vastly increased library usage and is becoming a center around which Boardman will build a new downtown. The Library District board is committed to building a library in Irrigon. This opportunity to build a new library in Heppner is so good that the board, which has representatives of Heppner, Boardman and Irrigon, may not understand the reasoning if this community turns it down. Kuhn pointed out that the District had built the Boardman Library "on the taxpayers' dime," and would do the same in Irrigon. In Heppner, if we don't build both projects together, we aren't going to build either. The issue for this community is our depth of vision. Kuhn concluded with a story about community attitudes towards libraries. When the City of Heppner decided it could no longer fund the library, a group of interested citizens went around to ask the various communities if they would be interested in forming a library district. You can't form a library district unless City Councils approve the City's participation. Kuhn approached the City Council of a nearby City about their interest in being part of the Oregon Trail Library District. That particular City Council's response was that having cable television, they did not need a library. Kuhn expressed the hope that Heppner will do better than that and will take advantage of this opportunity.

Kuhn turned the floor over to Barbara Orwick, Branch Manager, Heppner Branch, Oregon Trail Library District. Orwick noted that the library is in desperate need of room. The children's room has chairs for six and this summer's reading program had 18 children. Limited staff workspace makes it necessary for staff to work at the public reading table. In addition to fiction, and non-fiction and resource materials, the library provides computers for public use. During the summer there were frequently 8-10 young people in the library waiting to use the computers. In addition, there are many people who use the computers for correspondence, internet access and email.

D Judy Buschke - Library/City Hall Project:

Judy Buschke appeared as a spokesperson for a group of concerned taxpayers. They had heard that the City was planning to do a survey for public input and when they heard that the property behind the proposed site had been purchased, it appeared to them that the survey was going to be done after the fact. Buschke noted that at one of the City Council meetings, there had been a motion to table discussion of the project until after the results of the survey were in and it was voted down. She asked why this had happened. The citizens she was representing decided to do their own survey. They did not present any data, just asked if the person was against or for remodeling the existing City Hall. She reported that some of the people contacted did not participate for various reasons, but the majority did have an opinion and signed the survey voicing that opinion. She presented the survey to the City Council for review. She reported a total of 403 respondents, twenty-two in favor of the library/city hall, 327 against and forty-four for the remodeling of the present City Hall; 14 of those against also indicated interest in the remodeling. She added that the group of citizens would like to know why the Council feels a new City Hall is needed. The citizens' group feels that if it is because the existing City Hall does not meet handicapped requirements, we need to know exactly what needs to be done to make it meet the requirements. They further want to know how the City Council can justify taking money from the Water Fund, the Sewer Fund and the General Fund to purchase property for this property. Buschke maintained that the taxes Heppner citizens pay are the highest in the state and that the citizens of Heppner have a right to some answers.

Mayor Jepsen responded to the question of purchase of the property: he reported that the reason the City acted quickly to purchase the adjacent property was that there were other potential buyers. Buschke asked if the City had an immediate use for this property other than the potential city hall project. Mayor Jepsen answered that one of the uses could easily be for additional use by the Public Works people. He further stated that if the new Library/City Hall got built, the existing City Hall could be available for another use or it could be sold. In answer to the question about the defeat of the motion to table discussion until after the survey was done, he stated that the majority of the Council wished to go ahead with the planned survey which will be sent to everyone who gets a water bill, and will go out the end of this month or perhaps October.

Rita Hedman noted that there had been another offer to purchase the property of the proposed site from the local dentist. City Manager Jerry Breazeale responded that Hayen Family Dentistry had inquired about the property but had made no offer.

George Koffler reported that Council Members had told him he had been quoted as saying that he liked this project "even if we have to shove it down the taxpayers' throats, we should do it." He denied having said that and he wanted it clear to everyone that he is definitely in favor of the project, but feels that the feelings of the majority of the townspeople should determine the direction of the project. He further noted that he has been serving for the last two months on the Libraries of Eastern Oregon (LEO) board of directors. He explained that LEO is a ten-county consortium (including Morrow County) of thirty-six libraries. He noted that the nature of libraries is changing rapidly, they are no longer just a place to go check out a book, but will offer a wide variety of educational and communication services which will make them the focal point of their communities. Libraries will serve to level the playing field between the "have" communities and the "have-nots" - the rural communities. He noted that with this project it's apparent that building a library is a good way to get a new City Hall. He encouraged the Council to not burden the taxpayers with the additional costs, but to make accommodation within the budget to make up the (approx) $14,000 per year that the project will require.

Marie Struthers, noted that she and her husband Ed have been involved with the library in a variety of capacities for over 30 years and care deeply about the library. They also believe in "shopping at home" and care about Heppner also. She noted that, historically, the City has not always been supportive of the library and that she is disinclined to support any project that may endanger the security of the Library. In response to a question from Mayor Jepsen, Struthers explained that by "security" she meant her concerns that "we won't be cut loose the next time there's a crunch."

Ann Spicer, Library board member, responded to Marie Struthers' concern by explaining that when the project is complete, it will have ownership interest by both the City and the Library District. The finer points of how the ownership of the building is going to be set up have not been defined yet, but neither party will be able kick the other out. Both users of the project will have vested rights to the facility that are permanent rights as long as that facility is adequate to meet the needs of the parties. She agreed that the existing library is a second-class facility due primarily to lack of space for both the collection and the patrons. She noted that the new facility in Boardman is being paid for out of the District's tax levy. The intention in Heppner is to remove the burden from the citizens by utilizing outside funding sources. An outside contractor will be doing the majority of the grant writing, lifting that burden from the staffs of both the Library and the City. The work that has been put in so far on the project by outside consultants has been paid for by grants. The Library District board and the City are trying to do this project in a most economical way to meet the needs of the community. Using the Boardman Library as an example, Spicer reviewed the advantages of increased space and services that can be made available, such as tax season help, increased children's programming, etc.

Ginger Keithley, who was on the citizen's survey committee, reported that two questions were frequently asked: why can't the present library be extended out and why can't the old City Hall be taken down and a second story put on the present building. She referred the questioners to City Council and now asked the Council for answers. City Manager Breazeale responded that the library can't be expanded because of the physical restraints of the building and the fact that it's in the flood plain and may possibly even be in the flood way which would make accommodating an expansion even more difficult. As far as adding a second story to the existing City Hall on the existing site, Breazeale noted that the existing building was not constructed to accommodate a second story. Ginger Keithley clarified that the question she was passing along was why can't the existing building be taken down and replaced. Breazeale responded that the cost of demolition of the existing building would be close to the down payment on the new facility. He added that if the new site was utilized, the existing site could either be sold or utilized for other functions. Building new on the existing site would require starting over with designs, plans, etc. Bill Kuhn added that the City and Library want to make the project as cost effective as possible. It will be done where the location is the most economical, i.e., on a flat lot with nothing on it. He further believes that this building will project our vision of ourselves, be a community showcase. Ann Spicer noted that the Library is actually in the flood way, it is not in the flood plain, which means you can only build in the flood shadow, which requires cutting way back on both sides of the building and only a very small, narrow addition could be built. This would not meet the library's needs. She further noted that the proposed site is in neither the flood way nor the flood plain.

Jack Ployhar expressed his concern that he is hearing a lot of support for the project in this meeting, but very little in town and that the results of the citizens' survey do not indicate support.

Chuck Holt asked why Heppner can't have a library without the City Hall, like Boardman did and Irrigon plans to acquire. Judy Buschke commented that the discussion sounds to her as though the City doesn't really need a new City Hall, but that the City Hall had to be included in order for the Library to get built. Buschke asked if she was drawing the correct conclusion from the discussion. Bill Kuhn responded that the City has been postponing for ten years taking action on the needed ADA renovations. He explained that any individual who cannot get the same service as a person who is not disabled has a private right of action against the City to sue them to say "build it so I can get what anybody else can get." The problem has been put off because the City hasn't found a good solution. Buschke asked again what needs to be done to the existing building to make it compliant. She stated her belief that it would not cost $250,000 to make the needed changes. City Manager Breazeale responded that to make City Hall solely ADA compliant had been estimated at $72,090 in 1996. To address energy requirements on a cost-effective basis would take $36,850. To provide adequate meeting facilities and an office and conference facility would be another $74,430. That totals $183,370 in 1996. To adjust for 3% inflation, it works out to $212,576. Buschke commented that she didn't believe anyone was against having an adequate library for our kids, but she doesn't see why we have to have the City Hall to go with it. Bill Kuhn maintained that it was of paramount importance that the grant applications show that the project would be a collaborative effort of the two governmental entities in order to maximize the potential for success. Chuck Holt asked why Kuhn had said that Boardman had built a library "on our dime," Irrigon will do the same, and we'll do without. Kuhn responded that in Boardman, the Library Board had taken the least expensive alternative, they got a good price for a building and excellent terms for a long-term loan. They will try and do the same thing in Irrigon, that is, the Board will work to find the most economical way to provide a Library. But, Kuhn continued, you can't be any more economical that "free." The library anticipates grants that will pay for everything

Jim Norene expressed the opinion that he thinks it's a great idea to have a new library, but he believes the combined building plan looks a little grandiose to him - too big and too fancy.

Bob Ployhar noted the recent increase of water and sewer rates seemed to make sense at the time because he knew from his tenure on the Council 15 years ago that the water and sewer lines "were a disaster then." Then, he went on, people saw the Council taking money from the water and sewer fund and buying a building along with funds from other sources for this project and this was done prior to having any hearings on the subject or having a survey on the matter. He said that people have the feeling they are getting this project shoved down their throats. He said it appeared to people in town that this project is just going to go - regardless.

Gwen Healy stated that references to potential grants as free money are inaccurate - she believes there is no such thing as free money. She is also concerned that she has never heard plans for the upkeep of the building once it is built. She recognized the need to make the existing City Hall ADA compliant, but doesn't believe it would cost $250,000. She believes the Council did not get sufficient input before going forward. She reported that she had attended one of the public input meetings which was attended by six or so people in favor of the project, was shown pictures of libraries around the country and then left. She said that she feels that this is something the City and the Council have decided they are going to go ahead and do, it doesn't make any difference what people think.

Lil Boyce noted that she attended the public input meetings and never had a chance to say one word.

Ed Struthers noted that he lived in Lexington when the City first cut off the Library funding and he and Marie volunteered on the efforts to form the Library District. His major concern when attending the public input planning meetings was if the majority of the money is coming from library grants, it looks to him as though the library is getting shortchanged on the building area planned for it. At the last meeting he attended, the statement was made that the City was going to own the building, and he feels that this is wrong if the majority of the money is coming from the library. He is aware of the possibility of the agreement for policing services with the Morrow County Sheriff's Department, he wonders if it would be cost effective to make the building smaller (by removing the planned police facility), reducing utilities, upkeep. His concerns are who is going to own the building and how big does it really have to be.

Martha Doherty noted that the schools have good libraries and computers, so she doesn't feel anyone can say we are shortchanging the kids. She noted the recently passed bond measure for the schools, and the city's already high tax rates. She further noted that when she sat on the City Council, the Council was told that the money that went into the water department was strictly for water. She asked how the Council had spent $7000 from the water department on the purchased property. She asked if it would be possible to build a second story on the existing library. Ann Spicer noted that estimated costs of doing so would be prohibitive. Doherty noted that this was still an option. Bill Kuhn reiterated that the prospective grants are contingent on this being a collaborative project and offered to show that information to Doherty. Doherty stated that it would be better to add on to the existing library building or remodel the existing City Hall and not add on to current taxes, and definitely do not give citizens a "hidden tax" by adding it to their water bills.

Cyde Estes said she has done a lot of visiting with people about this issue, too, and she has heard many of the same things at this meeting that she had heard in town. One of the contentions she has heard is that citizens paid more taxes ten years ago than they pay today due to Measure 5. She noted that the tax rate has been compressed and gone down, but our values have skyrocketed in the last 10 years, and tax bills have consequently risen. She asked just how much money will be saved in the proposed new building on utilities, etc. She said she needs to know specifically what the savings would be so that she can make an informed decision. In regard to building on the existing library, Estes noted that figuring the extent of a building's hydroshadow is a specific calculation of space and it is quite substantial for a building the size of the library. She also said she is hearing from citizens that they are getting conflicting information from the City and the Library. She asked what the ADA modification estimates on the existing City Hall were specifically for. She noted concern regarding the use of the portion of the proposed new City Hall designated for the Police Department in light of the potential agreement with the Sheriff's Department. She noted that assumptions about the Museum utilizing the library space in the existing building (in the event the library moves) are by no means certain; that there is an empty school building and anticipated office space on Main Street opening up and asked if this scenario is healthy for the community's vision. She expressed her understanding that an attractive new building on Main Street is good for economic development efforts, but empty buildings in the commercial part of town are bad. She asked if it might not be better to renovate something into a more functional City Hall, perhaps with the $40,000 per year that will possibly be saved by the Sheriff's Department contract. Estes also reported hearing opposition to the idea of the project being financed by a revenue bond and going forward with this without a vote of the people. She stated her belief that this is a disservice to the taxpayers in the City who have supported every bond measure that has been put forward. She asked that the Council please give the people the opportunity to support or not support this project through a vote.

In response to a question from Mayor Jepsen, Cyde Estes reported that the school building bond added $1.30/thousand and that it will show up on this Fall's tax statements.

Bill Kuhn stated that one of the major goals at this point is to get as much information as possible to everyone and asked the Council for direction if they plan to pursue this project about the best way to get information to the public.

Mayor Jepsen noted that facts regarding costs, etc., can not be obtained until the Library funds are in hand. He further stated that if the Library cannot raise its necessary funding, the whole project will stop. He said it would be two or three years down the road before the plan is liable to jell. Mayor Jepsen said that at that point, we will have the facts that people are asking for.

City Manager Breazeale offered figures on what City Council members would be paying on their property for the addition of the proposed general obligation bond of $.44/$1000: Jepsen - $40.06; Matthews - $27.49; Robinson - $16.84; Hedman $11.77; Keown - $19.66; Wolff - $42.76; In response to a question from Bob Ployhar, City Manager Breazeale said that the City anticipates that the existing City Hall would become an asset to help offset some of the costs of the project, i.e., it could be leased or sold for another business.

In response to a question from the floor about further opportunities for input, Mayor Jepsen said that such opportunities would exist for the next 2 or 3 years and suggested that people with questions attend further Council meetings.

Chuck Holt reiterated his question about how money from the water and sewer funds could have been used to purchase the additional property for this project. City Manager Breazeale responded that Holt was correct in his understanding of the use of water and sewer funds. The property purchase (for the new City Hall project) was appropriate because much of the administrative work done at City Hall is water and sewer related. From that standpoint, water and sewer funds must bear a portion of the cost of that building project. The 2001-2002 budget clearly stated that the City was proposing to use these funds and set aside the amounts from both the water, sewer and general funds to purchase the property. He noted that this a public record and had been public budget meetings.

Mayor Jepsen asked if there were any further statements from the floor.

Joyce Ward asked if there was sufficient money in the sewer fund for this, then why couldn't the City take care of the sewer line at her house which requires frequent repair.

Martha Doherty, noting that several years ago, the then-City Manager had proposed pooling road funds to fix outstanding needs, promising the Council that he would offer a maintenance plan for the City Streets, asked what had become of that plan. Kay Robinson replied that a plan had been in place, streets surveyed, and prioritized for repair. Doherty noted that a few streets had been repaired, but that the rest of the town had never seen any work. Doherty asked again where the maintenance plan is and why the work is not done. Mayor Jepsen replied that if Doherty was on the Council at that time, he did not believe he needed to enough time to explain that at this meeting, because that was all floated by a revenue bond and the revenue was to come from the state

Ginger Keithley announced that City crews have been dumping dog food down the sewer manhole by her house and she asked for an explanation. City Manager Breazeale explained that this encourages the growth of micro-organisms that break down the waste in sewage.

George Koffler expressed his concern that the development of the Library/City Hall project will be going on for two or three years. He asked the Council to immediately assess citizen input on the project and to decide within the next sixty days whether or not to proceed.

Mayor Jepsen announced that the public comment portion of the meeting was closed. A five minute recess was called.

3. PUBLIC HEARINGS

No Public Hearings.

4. COUNCIL ACTION

No Council actions

5. COMMUNICATIONS FROM THE CHIEF OF POLICE

A) Activity Report: There was general discussion of the format and terms used in the Activity Report. The Council expressed its appreciation of the new report.

B) Police Commission meeting is September 27. Tom Wolff asked if any action had been taken regarding hiring a third officer. Interim Chief Cowett responded that he is actively seeking reserves at this time, rather than pursuing hiring a third officer. Tom Wolff pointed out that the Council had approved paying overtime to the Public Works people because they were accumulating comp time which they were unable to take. He asked if that was happening in the Police Department also. City Manager Breazeale responded that the City does not pay unless they have over 16 hours of overtime and that, so far, taking comp time covering the situation. Tom Wolff noted that this situation compounds itself because another officer covers when one is off on comp time. Tom Wolff asked for clarification of the U-turn on Main Street question. City Manager Breazeale said it was his understanding that it is legal. Tim Van Cleave reported that former Chief Rathbun had told him it is illegal. Interim Chief noted that the No-U-Turn signs are no longer up on Main Street and that lack provides a defense in Justice Court. Tom Wolff asked if it's a U-turn at all if the driver turns across the lane to park. Interim Chief Cowett responded that it becomes a U-turn when the drive pulls out of the parking spot and drives off. Chief Cowett further recommended that such maneuvers not take place. Chief Cowett also noted a growing tendency of drivers of parked vehicles to back out of parking places with the assumption that oncoming traffic has to yield to them. He pointed out that assumption is incorrect. He said he is going to start warning those drivers who fail to yield to oncoming traffic. In response to a question from Kari Keown, Chief Cowett noted that dog pickups and citations are tracked in his report.

C) Code Enforcement: Interim Chief Cowett showed video of properties involved in the nuisance abatement process, properties owned by Metz, John La Doux, Peggy Lauritsen, Zumwalt, Haugsvar, Tracy Hendricks, Carl Bauman , Pioneer Memorial Hospital (knap weed, etc. near new shed) and the city street leading down from Betty Wilhelm's (complaint by Joanne Woods about obstruction by hollyhocks - Chief Cowett did not note any obstruction). The Council consensus on the hollyhocks was that they did not pose a danger to drivers who exercised appropriate caution while driving and therefore required no Council action

Mr. La Doux wished to address the Council before one of his vehicles was towed, stating that he has been working on the two of the cars, including the one scheduled to be removed, and has had health problems which have slowed his work on the cars. Tom Wolff noted that Mr. La Doux had received notice for several months that his cars and scrap metal are in violation of City ordinances and that Mr. La Doux should haul them somewhere else to work on them. Mr. La Doux stated that he does not have anywhere else to work on them. Wolff asked Mr. La Doux for a definite date commitment, by which time the cars and scrap metal would be removed. Mr. La Doux promised to have the vehicles up and running by October 15 and noted that if he relicenses one vehicle (the Courier) now, he will have to relicense it on November 1 for another $35.00 fee. He said he would have it running and licensed by November 1 and the scrap metal removed. He is working on the other vehicles and is concerned that he may need surgery so is unable to be more specific about when he will have the cars completed. Kay Robinson asked if he would keep the Council informed as to his time frame and he agreed. Tom Wolff moved that the Council table action on Mr. La Doux's property until October 16 and on that date, if it is not substantially cleaned up that enforcement action will commence. Mr. La Doux asked if he could get an extension if his medical condition worsened. Wolff told him no. Mr. La Doux asked if there are any City funds that could help him out if he ran out of money. Wolff told him no. Wolff's motion was seconded by Tim Van Cleave. MOTION CARRIED. Tom Wolff clarified to Mr. La Doux that the most important issue was the garbage and junk stacked around the property and suggested that if Mr. La Doux was not in a position to work on the vehicles, that he at least close the hoods, fill the tires and make them look presentable.

Chief Cowett recommended that Carl Bauman be contacted to clean up the brush on his property and once that is done the washer and dryer in the back yard will be visible and will need to be removed, as will the furniture in the brush and the old sheds which are attracting kids in the neighborhood. Tom Wolff moved that Carl Bauman receive the letter of notification asking him to take care of his property, seconded by Kay Robinson. MOTION CARRIED.

Chief Cowett recommended that Brian Zumwalt be sent a letter regarding the old car in the brush on his property. Tom Wolff moved that Brian Zumwalt receive the letter of notification asking him to clean up his property, seconded by Kay Robinson. MOTION CARRIED.

Chief Cowett noted that the Hendricks property had been cleaned up and recommended that further action be suspended.

Chief Cowett recommended that Mr. Haugsvar receive a letter of notification.

Tom Wolff asked if it looked like Peggy Lauritsen was just waiting for the fire season to end to deal with the brush pile on her property. Chief Cowett agreed that that was probably the case and the matter was tabled.

Tom Wolff reported that the Hospital had burned the weeds and had left the knapweed and the seeds are blowing onto his property. Tom Wolff moved that the Hospital be sent a letter explaining that the knapweed and other tall weeds need to be cleaned up, second by Kay Robinson. MOTION CARRIED.

6. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR

A) Activity Report: City Manager Breazeale reported that the work is going well for the Public Works department; they are putting out good quality effluent. He reiterated the information on the dog food's place in the treatment process. The Public Works Staff put in a meter and a pressure reducing valve at the Court House. In response to a question from Kari Keown about Joyce Wards earlier question about sewer problems at her house, Manager Breazeale said there is an old section of the main line on upper Chase Street that is on the crews' list to fix in the near future.

B) Parks and Lands Commission meeting will be held September 24.

C) Utility Commission meeting will be held September 20.

7. COMMUNICATIONS FROM THE FIRE CHIEF:

A) No report.

8. COMMUNICATIONS FROM THE CITY MANAGER

A) Resolution # 470-01, A Resolution Approving Accounts Payable for Payment; Motion by Kay Robinson, seconded by Kari Keown. MOTION CARRIED.

City Manager Breazeale asked the Council to return to Item 2-B, Communications from the Public. Manager Breazeale reported that right after receiving the resignation of the Public Works Director, the City began advertising for a Public Works Director. There were two applications received, neither one of which met all of the minimum qualifications as advertised. The position has been held open, however Manager Breazeale is concerned about the low response. CAPECO, the Willow Creek Valley Economic Development Group and the Chamber of Commerce is putting on a job fair later this month to interest people in applying for jobs which are available in Heppner and this position will be one of them. CAPECO has recruitment capabilities and has agreed to take on the job of recruiting a new Public Works Director for a fee of $4000. For that, they will guarantee finding an appropriate candidate who would agree to stay for a year or the City would pay nothing. If within that first year, the City and the applicant parted ways, CAPECO would do the recruitment again for the same fee. The fee would come from the money budgeted for the Public Works Director's salary. In response to a question from Kari Keown, Manager Breazeale responded that no-one currently on staff has the necessary experience or certification for the job. Tom Wolff commented that he is not particularly comfortable with hiring CAPECO to do this job, but that if Manager Breazeale recommended doing so, he would back him. Tim Van Cleave asked if the League of Oregon Cities had any facility for recruitment or if the City had advertised outside the immediate area. Manager Breazeale noted that in addition to regional newspapers, the advertisement had also appeared on the City's website and that of the League of Oregon Cities. Kari Keown moved and Tim Van Cleave seconded to accepted the CAPECO recruitment agreement. MOTION CARRIED.

B) Library/City Hall Project: Manager Breazeale asked if the Council had noted any particular information that needed to get out to the public immediately and suggested that the City's survey go out in October and be sent to every household and every water account in the City. The Council agreed that it was obviously necessary to expedite the process. Rita Hedman stated that she believed they had had a pretty good indication of the feelings of the people at this meeting. In response to a question from Tom Wolff, Manager Breazeale indicated that he felt the questionnaire should include questions about the respondents' understanding of the issues and costs involved, do they want to have a City Hall at all no matter what the cost, do they want the combined project which would access grant funds, is location the issue, would they support the project if it was at a different location. Manager Breazeale pointed out the necessity of making sure that every fact and figure put before the public is absolutely correct. Tim Van Cleave asked why the City had waited this long to do the survey and Manager Breazeale responded that they had been trying to gauge what questions needed to be asked and for the contract (item C) regarding grant applications to be finalized. Kay Robinson noted that a number of people she has spoken to simply think that the timing is wrong for the project and that she does not think it's right that people are being given the impression that they will be regarded as bad citizens if they do not support the project. Manager Breazeale reported that people who come in to City Hall to discuss the project seem to be opposed to single issues within the project, such as concerns over parking, and when that issue isn't resolved to their satisfaction, they become opposed to the entire project and believe their concerns are not being listened to. He said that he believes that throughout the process, all of the input has been considered. Kay Robinson noted that she thinks it was the purchase of the additional property for parking that instigated most of the opposition. Citizens who had contacted her felt that the project was "getting out of hand" and that they hadn't made their wishes known. Rita Hedman noted that Heppner is losing population and though the contention is that the library is too small, the time may come when it is actually too big. Kari Keown stated her response to the citizen survey was that it made her feel as though they wanted to just drop the project entirely and not even try. Kay Robinson responded that she felt those in opposition to the project do not just want to give up on it, but rather feel they have good reasons to be concerned. Rita Hedman noted that the Council is here to represent the people, not their own interests. Mayor Jepsen noted that the minutes of the Baker/Morrow Partnership reported that Gary Neal had stated that a handful of negative people run the south end of the County. Kay Robinson disputed that, saying that most things that the City asks the people for, it gets. Mayor Jepson agreed that the Heppner had been good about passing measures they really need. Robinson noted she would really like to have a new library and city hall, too, but that if the majority of the people don't want it, then, as far as she is concerned, we shouldn't have it. Tim Van Cleave asked if there would be any kind of a vote involved in this process. Manager Breazeale answered that that is up to the City Council. If the Council decides on a general obligation bond, it will require a vote. Rita Hedman noted that a lot of people are afraid they will not have an opportunity to vote on the issue. Manager Breazeale pointed out that at the last City Council meeting, Mayor Jepsen had asked the Council if the survey shows that the majority of the people were in favor of the project, would the Council be in favor of going ahead with it. Manager Breazeale suggested telling the citizens that the City is receptive to the citizens' desires, that they will be given all available information and asked if that is what they want. Tim Van Cleave asked if, even if the response is overwhelmingly positive, it could still be put up for vote and was assured by Manager Breazeale that was always an option. Tom Wolff asked if Manager Breazeale felt that the survey could be concise enough to put on the back of the postcard size water bills or was he anticipating dozens of pages of material. Manager Breazeale replied that he felt that a single sheet would take care of it. Manager Breazeale offered that he believes the survey needs to ask if the costs to remodel the existing City Hall and to build the new one are essentially identical, which would the respondent favor. Rita Hedman asked if there is a guarantee if all the Library District grants are applied, that they will be received. Manager Breazeale responded that a number of them are challenge grants and will depend on receipt of the other grants. There is no guarantee. Bill Kuhn asked if the organization which will make the applications gets paid only if the grant comes through. Manager Breazeale answered that they get paid when they make the application. Returning to the question of the survey, the consensus of the Council was that it wanted it done in time to make the October mailing of the water bills. Mayor Jepsen asked if, as originally planned, this survey would include questions about the projected contract with the Sheriff's Department. Bill Kuhn noted the need to get that information out to the public on that issue, too. There was consensus of the Council that the survey would be approved by the Council before it is sent out.

C) Professional services agreement between the City of Heppner, The Oregon Trail Library District and Oregon Public Affairs Research Consultants. Manager Breazeale pointed out that the previously submitted application for Rural Development funds was part of this agreement. Most of the applications covered by the agreement would be the responsibility of the Oregon Trail Library District. The only two involving the City would be the fee for "prepare closing analysis, capitalization strategy and case for support ($500), and the USDA-RD grant application (already completed). Rita Hedman stated that she did not believe the Council should sign any contract until the survey gets sent out. In response to a question from Tim Van Cleave, Manager Breazeale answered that not signing now would delay the application process. Mayor Jepsen asked what would result if the Council signed the agreement, then later abandoned the project. Manager Breazeale responded that the City would be obligated if the consultants turned in the applications, but that he assumed in that case that the applications would not be submitted. Rita Hedman moved to table action on the agreement until after the results of the survey are in. Seconded by Tom Wolff. MOTION CARRIED.

D) Morrow Baker Partnership and Grant Application: Manager Breazeale reported that through the partnership there is a very expedited application process, requiring only that a proposer contact a representative to take the project to the partnership, who may then invite the proposer back to address the full partnership at which time they can make a decision about funding. Manager Breazeale has proposed for consideration a request for funding for the Library/City Hall project (a challenge grant) and for funding of the Heppner identity and marketing plan that has been adopted. A Motion was made by Tom Wolff, seconded by Tim Van Cleave, that Manager Breazeale proceed with approaching the Morrow Baker Partnership for funding of the Heppner identity program. MOTION CARRIED. Tom Wolff noted that he believes the main issue regarding pursuing challenge grant funding for the Library/City Hall project is one of timing. His concern was that it might be necessary for Manager Breazeale to return to the Morrow Baker Partnership at a later date and announce that the project had been abandoned and withdraw the request. Manager Breazeale responded that this would pose no problem for him. Tom Wolff noted that there is no commitment from the City if those funds are requested and that there is no commitment from the Morrow Baker Partnership unless the project can provide funding to meet the match. He expressed his concerns both about the appearance it would present if it was necessary to later withdraw the request and the possibility of missing an opportunity if the funding was not pursued now. He asked if it would be possible to word the proposal in such a way that it could be used for either the Library/City Hall plan or a plan involving only the City Hall. Manager Breazeale said he could try, and pointed out that the collaborative aspect of the current project is very attractive to funding agencies. Kari Keown moved, seconded by Tim Van Cleave, that Manager Breazeale pursue funding application to the Morrow Baker Partnership for the Library/City Hall project. MOTION CARRIED, one abstention.

E) Unocal property design progress: Discussion deferred until next Council Meeting.

F) Needs and Issues Inventory will be due in October. Manager Breazeale proposed submitting all projects which have been previously submitted and not funded and any new ones that may be proposed before the deadline.

G) Morrow Leadership 2001 Support: Kari Keown reported that she attended Morrow Leadership 2000 and found it valuable. Manager Breazeale noted that all the reports he heard from last year were positive and asked the Council for its approval to provide Heppner's portion (the catering of lunch for participants) of the costs. Kari Keown moved, seconded by Tom Wolff to support Morrow Leadership 2001 as was provided last year. MOTION CARRIED.

There was discussion of the concerns regarding the approval and publication of the minutes of City Council meetings. Tom Wolff suggested that the minutes be provided to the Council members for review as soon as they are prepared and asked Manager Breazeale to consider how that might best be accomplished.

H) Resolution No. 471-01 A Resolution Regarding Membership in the City County Insurance Services Trust: Motion to approve Resolution No. 471-01 by Tom Wolff, second by Kay Robinson. MOTION CARRIED.

I) Heppner Coordinating Council: Mike Armato will be the new chairman. Bill Kuhn will address the HCC regarding the Library/City Hall project.

9 COMMUNICATIONS FROM THE CITY ATTORNEY: None

10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

A) The Beautification Commission met September 13. Next meeting will be September 13.

B) Heppner Housing Authority: no report.

C)The Willow Creek Valley Economic Development Group: no report.

Meeting adjourned at 10:40pm