MINUTES OF THE CITY COUNCIL MEETING

 September 9, 2002

PRESENT: Mayor Bob Jepsen; Council Members Tom Wolff, Skip Matthews, Cindi Doherty, Marian Murchison, Tim Van Cleave;  City Manager Jerry Breazeale; Public Works Director Craig Canham; City Attorney Bill Kuhn; MCSO Sgt. Phil  Morris; MCSO Deputy Randy Rayburn.

ABSENT:  Kay Robinson

VISITORS: Dave Sykes, Carl Thorpe, Doug Ferguson, Philip Hinton, Bob Bergstrom, Mike Torgeson, Bill Ewing, Sherry Ewing, Joe Burleson, Jerry Healy, Barbara Gilbert

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 presented an announcement from the League of Oregon Cities about their annual middle and high school essay contest, “If I were a Mayor, I would….”

City Manager Breazeale added the following item to the agenda:

                        A list of the current bills to be authorized for payment.

Manager Breazeale noted that item 2B, a request for animal permit renewal, had been attached in error.

E) Approval of Minutes of August 12, Council Meeting.  Tom Wolff moved to approve the minutes of the July 8, 2002, City Council Meeting, second by Cindi Doherty.  MOTION CARRIED.

F) Report from the Planning Commission:  no report.

G) Correspondence:  City Manager Breazeale presented the following correspondence:

Letter from Wade Smith, Principal, Heppner Schools, regarding the School District’s agreement with Morrow County and Mid-Columbia Busing Co. to accommodate school staff and visitor parking at the fairgrounds.

Public Notice from the Oregon DEQ regarding an application for waiver to the Total Dissolved Gas Water Quality Standard for The Dalles Dam.

Invitation from Morrow County Domestic Violence to attend their anniversary commemoration on October 3.

2. COMMUNICATIONS FROM THE PUBLIC

A)    Oral communications from the public not on the agenda.

Phil Hinton, McCormick, reported that he had asked the City manager to close the footbridge on Baltimore to reroute school children around the construction project.  Manager Breazeale approved a temporary closure and advised him to seek Council approval of a longer term closure.  He informed the Council that he is asking to close the bridge until the second week in November.  Deputy Rayburn reported that there have been no problems with the closure thus far and he believes it is a good idea.  Manager Breazeale noted that there had been one negative reaction to the closure, but that parent has since come to believe it is also a good idea.  Motion by Tom Wolff to authorize closure of the Baltimore Street foot bridge until the second week in November, second by Skip Matthews.  MOTION CARRIED.

Mike Torgeson requested permission to work on the school construction site until dark to facilitate timely completion of the project.  He noted that working later that the previously allowed 6PM may not be necessary on all work days and that the noise should not be a problem. He has spoken with the neighbors and only one objects.  He asked for the approval to work until dark for the next 2-3 weeks.  Motion by Tom Wolff to approve allowing the Torgeson crew to work until dark, dependant on the neighbors not objecting, second by Skip Matthews.  MOTION CARRIED.

Bill Ewing presented a petition signed by 19 property owners adjacent to the BMX track expressing their opposition to the location of the track.  The primary concerns expressed by the majority of those present were the blowing dust, noise level, and lack of park maintenance.  Mr. Ewing expressed the further concern that increased irrigation would make the track slick and dangerous, and requested that City Council consider moving the track to an alternative, safer place.  Mayor Jepsen noted that action was taken at the last City Council approving the location of the track in Hager Park, but that the neighbors’ concerns will be addressed by City Council.

Barbara Gilbert who owns property immediately adjacent to the track said that she has watched the young people using the track and thinks it is a good idea for the youngsters.  She did note that increased watering to hold down the dust would be a very good idea.

Jerry Healy recounted his long history of attempting improvements in Hager Park.  He noted that in the past his many efforts to improve the park were thwarted.  He stated that after 20 years of little cooperation from the City, he is particularly upset at the lack of public process in the development of the BMX track.  He also asked if the track is an allowable use of the property and observed that, at the very least, something must be done to settle the dust.  Mayor Jepsen noted the need to install restrooms in the park.

Randy Rayburn stated that he has taken the water tanker to the site twice while he was working on it.  He expressed the desire to install a sprinkler system to work the track up into the standard hard track.  He noted that he has spent all summer telling youngsters that they can not ride on the sidewalks and streets and believes that the track is the only viable alternative.  He reported that the park will be signed to close at 9PM, as are all City parks, and helmets will be required.

In response to a question from Barbara Gilbert, Public Works Director Canham said that the dirt for the track came from the school site.  The contractor donated the dirt and equipment to start building the track.  The consensus of the City Council was that if the track is not utilized, the track will be leveled and seeded.

Sherry Ewing asked why the neighbors were not consulted before the track was developed.  Mayor Jepsen responded that the Council had the authority to make the decision.

Tim Van Cleave noted that the unanticipated availability of the dirt prompted the fast action by the Council.  Tom Wolff reiterated that the Council was led to believe that the track would be adequately irrigated.  He noted that the track is a work in progress and when finished, will be seeded and irrigated.

Jerry Healy reiterated his desire to see the track moved and suggested relocating it to Heritage Plaza.

Bob Bergstrom noted that the dirt is very alkaline and not likely to grow grass or anything else.

To accommodate Doug Ferguson’s conflicting schedule, Manager Breazeale asked the City Council to hear Mr. Ferguson out of turn (Agenda item 7G-“Authorize Payment to Dice Construction for Court Street project”).

Doug Ferguson, Ferguson Engineering, reported that he has reviewed the Dice Construction bill and recommends holding payment for retainage and for some items that need to be improved by Dice.  Motion by Tom Wolff to pay Dice Construction, less the specified amount for retainage and to cover the items that need to be improved, for a total payment of $54,940.84, second by Skip Matthews.  Manager Breazeale clarified that the City’s money must come from the State before the payment will be made.  MOTION CARRIED.

In response to a question from Tom Wolff, Mr. Ferguson reported that Morrow County will redo the sidewalk, etc., in front of the Courthouse next summer.  Tom Wolff said it was his understanding that the County would at least fill the area by the sidewalk with gravel.  Director Canham said he would contact Morrow County Public Works Director Burke O’Brien about the gravel.  

3. PUBLIC HEARINGS opened:

A)Public Hearing regarding  abatement of nuisance of vegetation and/or solid waste and/or the creation of fire hazards at the following properties:

            1.  260 Water Street, Map # 2S 26 27DD, Tax Lot 5200

            2.  110 Gilmore Street, Map # 2S 26 35BA, Tax Lot 1300

            3.  123 Linden Way, Map # 2S 26 26CC, Tax Lot 6300

            4.  530 N. Gale Street, Map # 2S 26 26CC, Tax Lot 7900

                        5.  580 Elder Street, Map # 2S 26 26CC, Tax Lot 3000

Deputy Rayburn reported that all the subject properties have been improved except the one on Elder Street.  He also reported that he has been working with George Stillman regarding disposal of his cars, he will speak to Dave Green about finishing up the weeds at 123 Linden and that he has been in contact with the owner of the dead trees at Matlock and Green.  Carl Thorpe  reported the difficulty he has had cleaning up his property, in part because of rocks which were left on the site by the City crew and make it impossible to mow.  He also stated that the County has refused to burn their lot behind his which would greatly help him with cleaning up his property.

Deputy Rayburn showed video of one new property (435 Water Street, Hendricks) to be considered for Nuisance Abatement proceedings.

Public Hearings Closed.

Council Action

A) Resolution No. 505-2002,   A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  580 Elder, Map 2S 26 26CC, Tax Lot 3000.  Motion to approve by Skip Matthews, second by Tom Wolff.  MOTION CARRIED.

Motion to initiate Nuisance Abatement proceedings against the property at 435 Water Street by Tim Van Cleave, second by Cindi Doherty.  MOTION CARRIED.

4. COMMUNICATIONS FROM THE MORROW COUNTY SHERIFF:

A)    Activity Report: 

Deputy Rayburn presented the activity report.  In response to a question from Tom Wolff, Deputy Rayburn noted that juvenile activity is noted in the log, but all names are deleted.  There was a brief discussion clarifying abbreviations in the log.

B)    The next meeting of the Police Commission will be September 26, 2002. 

5.      COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR:

A) Public Works Director Craig Canham reviewed his activity report.  Tom Wolff asked about the progress on Cannon Street and Director Canham responded that time constraints have delayed the work, but it should be done by spring.  Public Works will work on a temporary solution to the irrigation needs of the BMX track until such time that a permanent irrigation system can be installed.  Public Works plans to work on the Heritage Plaza bridge placement as soon as possible.  The City is seeking volunteers to help complete the work on Heritage Plaza.

C) The next Utilities Commission meeting will be September 19, 2002. 

D)  Contract for Backflow Device Testing and Program Maintenance.  Director Canham presented information on the contract for backflow device testing and program maintenance.  Tom Wolff moved to approve signing the contract, second by Cindi Doherty. MOTION CARRIED.

E) The next Parks and Lands Commission meeting will be September 30, 2002.  Tom           Wolff inquired about the status of the lease with Whistling Wings Taxidermy.                      Manager Breazeale reported that the lessee is bringing in the signed lease and proof of         insurance.

6.      COMMUNICATIONS FROM THE FIRE CHIEF:   

Fire Chief Rusty Estes reported that the department did not receive a second grant they had applied for.  They will be working on a 10 year bond levy.  Manager Breazeale recommended that the City Fire Department and the Rural Fire District be combined to more effectively utilize resources.

7.      COMMUNICATIONS FROM THE CITY MANAGER:

A)   Motion to approve Resolution No. 506-2002; A Resolution Approving Accounts Payable for Payment by Tom Wolff, second by Cindi Doherty. MOTION CARRIED

B)  Resolution No. 507-2002, A Resolution Approving the Transfer of Appropriations Within the 2002-2003 budget.  Skip Matthews moved to approve, second by Cindi Doherty.  MOTION CARRIED.

C)  Resolution No. 508-2002, A Resolution Authorizing the Increase in Spending Authority in the Sewer Reserve Fund due to the Award of Grant Funds. Manager Breazeale clarified that the funds being provided for were $8,000 tippage fee award to engineer the South Main sewer line extension and a $10,000 grant for a feasibility study for a septage receiving facility.   Marian Murchison moved to approve, second by Tim Van Cleave.  MOTION CARRIED.

D) Authorize the expenditure of $500 to the Willow Creek Economic Development Group for a feasibility study to determine the market potential for additional overnight lodging facilities in Heppner.  Tom Wolff moved to approve authorization of expenditure of $500 to the WCEDG to help pay for lodging market study, second by Cindi Doherty.  MOTION CARRIED.

E) Report on flood meeting with FEMA, DLCD, Corps of Engineers, State agencies.

Manager Breazeale reported asking for a re-evaluation of the flood plain criteria.  At the meeting, FEMA indicated that if the federal budget passes, Heppner is in a good position to be re-evaluated.  In the event that further budget cuts are made, a re-evaluation is still possible under a couple of different scenarios.

F) Manager Breazeale presented the financial statement for August.  He indicated that the City is in very good financial shape.

G) Downtown Development Plan Planning Grant.  Manager Breazeale presented an intergovernmental agreement regarding the implementation of the TGM grant. City Attorney Kuhn expressed some concern that the contract did not specify the State’s responsibilities under the agreement.  Manager Breazeale confirmed that the parties were in agreement about their respective responsibilities. Motion by Tom Wolff to approve signing intergovernmental agreement, second by Cindi Doherty.  MOTION CARRIED.

8.  COMMUNICATIONS FROM THE CITY ATTORNEY: City Attorney Bill Kuhn               reported that most of his work for the City in the past month was concerned with the          Whistling Wings lease and the Corbin major partition.

9.  COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

A)    The Beautification Commission meeting will be September 12, 2002.

B)    The Heppner Housing Authority will next meet September 30, 2002.  Marian Murchison reported one vacancy.  Craig Canham reported that utility cuts have been made in the sheetrock in the basement and were never repaired.

10.  City Council went into executive session at 9:30 PM to evaluate the performance of the City Manager pursuant to ORS No. 192.660(1)(l)

The Council returned from executive session at 10:40PM.  Tom Wolff reported that the accumulated score arrived at by the Council in executive session was 96, which falls into the “Above Standard” category and merits, on the performance scale, a merit increase of 3% plus 3 vacation days.  The results were discussed with City Manager Breazeale and he accepted them. Tom Wolff made a motion to implement the results of the performance evaluation for City Manager Breazeale, second by Cindi Doherty.  Tom Wolff clarified that the effective date will be October 1, 2002. MOTION CARRIED.

Meeting adjourned at 10:50PM.