MINUTES OF THE CITY COUNCIL MEETING

 January 12, 2004

 

ATTENDEES:

 

Mayor, Bob Jepsen

City Manager, Jerry Breazeale

 

Council Members:

 

Kay Robinson

Judy Buschke

Merle Cowett

Tim Van Cleave

Tom Wolff

Cindi Doherty

 

Sheriff’s Department:

 

Sergeant Phil Morris

Deputy Jamie Rietmann

Deputy Brian Jewett

Deputy Adam Bredfield

 

David Sykes, Heppner Gazette

Johanne Wood, Private Citizen

 

Absent:  City Attorney, Bill Kuhn

 

1.  GENERAL BUSINESS:

 

     A)  Call to Order.  The January 12, 2004, meeting of the Heppner City Council, was called to order at 6:57 PM, by Mayor Jepsen.

 

     B)  Pledge of Allegiance.  Councilman Tom Wolff led those present in the Pledge of Allegiance to the Flag.

 

     C)  Announcements. 

 

           1)  Mayor Jepsen welcomed everyone to the meeting and introduced the new Public Works Director, Bruce Nelson.

 

           2)  Sergeant Morris introduced new MCSO Deputies, Brian Jewett, and Adam Bredfield.  Deputy Bredfield will start his Police Academy training on January 19, 2004, for 10 weeks’ training.  Deputy Jewett has completed his training and is now on duty in Heppner. 

 

     D)  Approval of Minutes from the December 8, 2003, Council Meeting.  The December 8 minutes were reviewed by Council members, with the following changes:

 

           1)  Page 5, Item C, second paragraph, first sentence, line 3, should have the words “and liability” inserted after the word “damage.”

 

           2)  Page 8, Item 10, Para C111, Change the spelling of Wolf to “Wolff.”

 

           3)  Page 7, Para G, Line 3, Insert the word “modernization” following the word “one.”

 

           4)  Page 7, Para E, Change Motion to Read:  “Motion by Mrs. Buschke to approve Resolution 550-03.”

 

           5)  Page 6, Para 1), Line 4, Change the word “blue” to “glue.”

 

           6)  Page 6, Para 1), Line 3, Change sentence to read:  “Mr. Breazeale stated that a pipeline runs underneath the bridge which is part of . . . .“    

 

           7)  Clarification that “Jack Little” and “John Little” is one and the same person.

 

     Motion by Mr. Wolff to approve the December 8, 2003 minutes as adjusted.  Seconded by Mrs. Robinson.  Motion carried.

 

     E)  Report from the Planning Commission – Joint Planning Commission with Morrow County.  City Manager Breazeale stated that this was an informational session to discuss the Urban Growth Boundary expansion.  The Morrow County Planning Commission was very supportive of this and encouraged Mr. Breazeale to move forward on this, i.e., contacting and meeting with applicable property owners.

 

     F)  Correspondence. 

 

           1)  Mr. Breazeale stated that every year the Greater Eastern Oregon Development Corporation (GEODC) has to re-appoint the board members and this letter informed the City that Mr. Rex Mathers, who is the current Morrow County representative, has agreed to continue to serve as the Morrow County representative.  Mr. Breazeale stated that Mr. Mathers is the City Manager for the City of Boardman. 

 

           Motion by Mr. Wolff that the City Council concurs and will to continue to support Mr. Mathers as the Morrow County Representative to the GEODC Board of Directors.  Seconded by Ms. Doherty.  Motion carried. 

 

 

2)  COMMUNICATIONS FROM THE PUBLIC:

 

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

 

           1)  Ms. Johanne Wood.  Ms. Wood stated that a few years ago, the City had ruled that the width of the Gale and May Street access road which goes between her property, the Wilhelm Property, and the Gonty property was to be 15 feet wide.  Currently the width is less than 10 feet wide, due to the installation of sharp rocks.  She is concerned that if someone were to “spin-out” that  the rocks would tear up their vehicles.  Mr. Van Cleave asked Ms. Wood to clarify her concern and she stated that flower boxes, rocks, and nails have been strategically placed so that the road is narrowed.  She stated that she is also speaking for Mrs. Wilhelm.  She also stated that Mr. Gonty has harassed them by placing rocks and nails in the roadway, although she has not seen him do so.  Mayor Jepsen stated that the City Manager and Public Works Director would investigate Ms. Wood’s complaint and determine the action required.  Mr. Van Cleave asked about the size and number of the rocks and how you could go over it with your car.  Ms. Wood replied that there is one sharp rock and that if a vehicle “spun out” you could possibly hit the rock and damage your vehicle.

 

     B)  Request for Animal Permit – Gary Gaines/Ken Wenberg, 460 N.W. Morgan Street, Tax Lot 5300.  2 Llamas and 3 goats.

 

     C)  Request for Animal Permit (Renewal) – Elizabeth Pettibone, 710 Heppner/Spray Highway – 10 horses.

 

     Discussion, Items B and C.  Mr. Wolff stated that he has checked the Pettibone property and that it is set up to accommodate 10 horses.  The Gaines property is on Morgan Street and does not present a problem.

 

Motion by Mr. Van Cleave to approve animal permits Items B and C.  Seconded by Mr. Wolff.  Motion carried.

 

3.  PUBLIC HEARINGS:

 

     A)  Resolution No._____, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  325 Matlock Street, Map No. 2S 26 35BC.  Tax Lot 7100.

 

     Discussion:  Mayor Jepsen stated that this nuisance and cleanup needs to be done.  Mr. Wolff stated that he has looked at the property and noted that he had not noticed anything offensive.  However, there is snow on the ground.  The only things he noticed were the two utility trailers and the remains of trees that had been removed and need to be cut up and removed.  Mr. Sykes stated that he owns one of the trailers.  Mr. Sykes stated that he lives next door to the property and did not find it offensive.  He stated that he could use the wood if the tenants in the Matlock property agreed. 

 

     B)  Resolution No. _____, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  675 North Main Street, Map No. 2S 26 26CC, Tax Lot 6400.

 

     Discussion:  Mayor Jepsen stated that this property belongs to Ken Smith and that a copy of a letter from Mr. Wolff to Mr. Palmer was included in the Council package.  Mr. Wolff stated that he has talked to Larry Palmer and Mr. Palmer stated he would talk to people in his church to see what assistance they could provide.  However, the weather has not been conducive to cleaning the property.  Mr. Wolff drove by the residence and there are still old appliances and vehicles parked at the house.  He did not notice any garbage. 

 

     Ms. Wood also wanted to inform the Council that the debris in front of her house was going to be burned by the fire department.

 

CLOSE PUBLIC HEARINGS.

 

4.  COUNCIL ACTION. 

 

     A)  Resolution No._____, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  325 Matlock Street, Map No. 2S 26 35BC.  Tax Lot 7100.

 

     Discussion:  Mr. Wolff stated that he did not see any debris on the property other than the wood and the two utility trailers.  However, there is snow on the ground.  Mr. Sykes stated that if the wood belongs to the city he would split it up and use it and get rid of the pallets that may be under the snow.  He would like to keep his utility trailer where it is.  Mr. Wolff stated that he did not have a problem with that.  Mr. Van Cleave asked about the specific three items that needed to be done, and stated that he feels that no action should be taken until the snow is gone. 

 

     Motion by Mr. Wolff that action be tabled for thirty days, until the next City Council meeting and that Mr. Sykes be allowed to remove the wood and any other debris that he feels can be hauled off and disposed of and re-look the property after the snow is reduced.  Seconded by Mr. Van Cleave.  Motion carried.

 

     B)  Resolution No. _____, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property.  675 North Main Street, Map No. 2S 26 26CC, Tax Lot 6400.

 

     Discussion:  Mr. Van Cleave recommended doing the same thing on this property as we are doing on the Matlock Street property.  Mrs. Robinson stated her agreement.  Mr. Wolff asked Mr. Breazeale if Larry Palmer had ever contacted him on behalf of the LDS Church and Mr. Breazeale stated that he had and that Mr. Breazeale had explained what needed to be done.

 

     Motion by Tim Van Cleave to table this action for thirty days, until the next City Council meeting.  Seconded by Ms. Doherty.  Motion carried. 

 

5.  COMMUNICATIONS FROM THE COUNTY SHERIFF REPRESENTATIVE: 

 

     A)  Activity Report. 

 

           1)  Sergeant Morris reported that an arrest had been made on the burglary of the Heppner Gazette and that Deputy Slinger was currently transporting the prisoner to jail. 

 

           2)  Sergeant Morris asked if anything needed to be discussed as far as Code Enforcement and Mr. Breazeale stated that he had discussed this with Deputy Slinger and there was nothing new to report.

 

     B)  Police Commission.  The next Police Commission meeting will be held on January 29.  Sergeant Morris will be attending, and possibly another deputy. 

 

     C)  Code Enforcement.  No actions.

 

     D)  Additional Discussion. 

 

           1)  New Vehicle.  Sergeant Morris stated that the new vehicle is here and available for inspection by the City Council.  Meeting recessed at 7:42 to allow Council Members to inspect the vehicle.  (Meeting re-convened at approximately 7:50 PM.)

 

6.  COMMUNICATONS FROM THE PUBLIC WORKS DEPARTMENT:

 

     A)  Activity Report – Bruce Nelson.  Mayor Jepsen stated that Mr. Nelson has been here for one week.  Mr. Nelson reported that the main item that the Public Works Department has been working on is snow removal.  Additionally, they have cleaned all wells and are preparing to do some repairs, such as roofs need to be replaced.  The telemetry on Well 2 has been repaired, heaters have been installed on the wells that didn’t have heaters, and thawed the wells that required this.  Future plans include a sewer cleaning schedule for the whole city so that they have routine maintenance, which should alleviate problems.  He would also like to have meters installed on all water services.  Once the snow melts, the crew can start on the other tasks.  The part for the sanding truck is not here and the sander remains out of service.  Ms. Wood asked about the e-coli in the water on behalf of Mrs. Wilhelm who has health problems.  According to Mr. Breazeale there is no e-coli in the water system.  He explained that coliform is an indicator organism that is used by water systems to determine if there is a potential problem, i.e., when coliform appears in the water, you look for other things that may cause a problem.  Coliform itself is not harmful.  According to Ms. Wood, Mrs. Wilhelm does have kidney problems.  Mr. Breazeale stated that currently drinking water does not need to be boiled, but that if a person has a health problem, they should check with their physician. 

 

     Mrs. Buschke brought up the bad taste of the water at Cal Sherman’s residence and Mr. Nelson stated that they are investigating this and samples are being tested.  Mr. Breazeale stated that they are checking this and also considering putting the reservoirs on a cleaning schedule to ensure that any sediment that has built up over time can be removed.

    

     B)  Utilities Commission Meeting – Next Meeting January 15.

 

     C)  Parks and Lands Commission Meeting – Next Meeting – January 26.

 

7.  COMMUNICATIONS FROM THE FIRE CHIEF: 

 

     No report.

 

8.  COMMUNICATIONS FROM THE CITY MANAGER:

 

     A)  Resolution No._____, A Resolution Approving Accounts Payable for Payment.

 

     Discussion.  Mr. Wolff had questions on two items:  Business and Utility Services Inc., $1683.00.    According to Mr. Breazeale, this is for backflow device testing.  High Performance Signs, $1920.00, which is for the Welcome to Heppner sign at Heritage Plaza, which will be reimbursed by the Forest Service.  Monahan, Grove, and Tucker, which is for the attorney fees on the John Little Estate. 

 

     Motion by Mr. Wolff to approve Resolution No. 551-04, A Resolution Approving Accounts Payable for Payment.  Seconded by Ms. Doherty.  Motion carried.

 

     B)  Water System Improvement Project.  Mr. Breazeale reported that we are still waiting for approval of the environmental report.  The Oregon Department of Human Services has issued a finding of no significant impact on the improvement project.  There is a public comment period and they have advertised for that.  The notice will be published in the newspaper this week.  Fish and Wildlife and the Soil Conservation Service, and other government agencies in the area that may have an interest have been notified.  OECDD has issued a letter (included in packet) that they have canceled the $1 million interim financing and taken back the $250,000 forgivable loan.  They have also notified the city that they will not issue any formal statements until the environmental study is completed.  The spreadsheets included in the packet show the projected, actual, and received funds from water rates and are on schedule.

 

     C)  Flood Study Review.  Mr. Breazeale reported that FEMA has agreed to remap all of Morrow County.  They have started on it, and will get their funds in February.  The study should take about two years to complete. 

 

     D)  FEMA Cooperative Technical Partners Course.  Mr. Breazeale reported that he has been selected to attend the course, February 9 – 12, 2004, in Emmitsburg, MD.  This an invitation-only class and FEMA pays for everything but meals.  Mr. Breazeale’s only concern was that this time frame conflicts with the date of the February City Council Meeting.  His recommendation was to postpone the February Council meeting until February 17.  Council members agreed to this change of date.

 

     E)  City Hall Remodel Committee.  The remodel committee will meet on January 23, to discuss purchase of the old Klamath Bank building for use as a city hall, or remodeling the present building.  Mr. Breazeale hopes to have figures available to discuss.  On January 16, 1:00 PM, Mr. Breazeale is meeting with the architect who had originally been contacted to submit specs for remodeling the present city hall.  This architect had contacted the City Manager and asked to meet with him to discuss costs of setting up the Klamath Bank building as a city hall.

 

     F)  Land Use Committee—UGB expansion project model plan.  This is the project started by the Baker-Morrow Partnership.  The Governor’s office has been interested in this and Heppner has been selected as a pilot project.  The study is funded by a grant.  An informational meeting with concerned citizens is planned for February 20, 7:00 PM, in the Bank of Eastern Oregon conference room, to address their concerns. 

 

     G)  NEACT Meeting Notes:  A meeting was not held due to weather conditions.  Mr. Breazeale has included some information in the council packet.  They are going to request funding the projects for Morrow County due to the high unemployment rate. 

 

     H)  Declaration of Surplus Property at 520 S. Main Street, Map No. 2S 26 35CB, Tax Lot 1501, aka Jack/John Little Property.  The city attorney recommended that one realtor be selected to list the property.  Ms. Buschke asked for an explanation of Multiple Listing.  Mr. Sykes explained that multiple listing is a group that real estate agencies buy into (Heppner’s two realtors do not belong).  The multiple listing services charge a fee to member agencies and the individual brokerage’s listings are made available to members.  Heppner currently works under a cooperative agreement between the agencies located in Heppner.  Mr. Wolff asked Mr. Sykes if he had a recommendation to the council as to how to handle listing of the property fairly.  Mr. Sykes stated that he felt that a random drawing to select the listing agency would be a fair method. 

 

     Motion by Mr. Wolff to declare the J. Little property at 520 S. Main Street as surplus property and direct the City Manager to solicit interest from any and all real estate companies doing business in Heppner to be considered as a pool to be drawn out of a hat.  Seconded by Mrs. Robinson.  Motion carried. 

 

     I)  Goal Setting for 2004 – set date.  Mr. Breazeale explained to the Council that traditionally the goal setting session is set at this time of the year.  Mr. Breazeale proposed holding the session on January 22 or 28.  The January 28 date was discussed at the Columbia Basin Electric Coop from 12:00 PM to 4:00 PM, with lunch included.  Council members agreed that pizza was the choice for lunch.  Mr. Wolff will confirm that the Columbia Basin conference room is available.

 

     J)  December Financial Statement:  Mr. Breazeale reported that the City continues to be in good financial condition.  

 

9.  COMMUNICATIONS FROM CITY ATTORNEY.  Due to an emergency, the city attorney is not available for this meeting. 

 

10.  COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS:

 

     A)  Beautification Commission.  The next meeting will be held on February 12.

 

     B)  Heppner Housing Authority.  Mrs. Buschke reported that there has been a problem with water leaks, specifically in Mr. French’s unit.  Mr. Breazeale explained that Gilespie Roofing had inspected the property; and determined what the probable repairs would entail.  Mr. Breazeale reported that the new locks are not completely installed, due to delays caused by the weather.  Mrs. Buschke reported that some of the surplus furniture has been disposed of.  Mayor Jepsen reported that there is one vacancy.  There is also a vacancy on the board.

 

     C)  Additional Discussion:

 

           1)  A resolution to fill positions on City Committees, Boards, Commissions, and Positions, with the exception of the Housing Authority.  Motion by Mrs. Robinson to adopt Resolution 552-04.  Seconded by Mrs. Buschke.  Motion carried.

 

           2)  Mr. Wolff had a question on the Housing Authority minutes.  He wondered what the amount transferred was.  Mr. Breazeale reported that it was $8,000. 

 

           3)  Mr. Wolff Reported that Mr. Chuck Holt had contacted him regarding the flooding in the alley by his house.  Mr. Wolff inspected the property and stated that there is a flooding issue due to water draining from the neighboring property.  Mr. Holt’s concern is that water has been draining into his yard since Water Street was re-paved.  Council members were not sure that this was a city property.  Previously, the city had agreed to look at the property and determine what needed to be done.  Mr. Holt is looking for some kind of help or recommendation.  Mrs. Robinson felt that the city should take some action.  Mr. Jepsen stated that Mr. Holt felt that the bicycle path on the hill was part of the problem.  Mr. Jepsen feels that a catch basin with piping to the creek might help correct the problem. 

 

           4)  Mr. Wolff reported that Bill Ulrich has talked to him about doing something about the alley behind his house.  Mr. Wolff does not see this as an issue that the city needs to be involved in. 

 

Meeting adjourned at 8:45 PM.