MINUTES OF THE CITY COUNCIL MEETING

 January 13, 2003

PRESENT: Mayor Bob Jepsen; Council Members, Tom Wolff, Marian Murchison, Judy Buschke, Cindi Doherty, Tim Van Cleave;  City Manager Jerry Breazeale; Public Works Director Craig Canham; City Attorney Bill Kuhn; MCSO Deputy Randy Rayburn, Absent, Kay Robinson.

VISITORS:  Dave Sykes, Stephanie Haguewood, Dan Dunnett, Verlin Denton, Phil Morris, John Edmundson, Calvin Sherman, David Sykes

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 Jepson welcomed all members and guests to the Council Meeting.

      City Manager Breazeale requested that Item 8G be added to the agenda, subject:  Housing

Rehabilitation Grant, under the City Manager’s report.

        Mr. Kuhn is attending as a private citizen to give a presentation under oral communications, subject:  Schools.

      Stephanie Haguewood will give a presentation to the Council under oral communications from the public.

D)  Swearing in of City Councilors and Mayor.  City Councilors and Mayor were issued the oath of office as follows:  Mayor Jepson, Marian Murchison, Tom Wolff, Tim Van Cleave, Cindi Doherty, and Judy Buschke. 

E)  Approval of Minutes of December 9, 2002, 2002, Council Meeting.         

Tom Wolff identified several corrections to the minutes:  Page 4, para 7C should read “to League of Oregon Cities to lobby for PERs”, Page 5, should read “written the course.  Researched the matter of removal”, Page 5, Para 9C “their” should read “there.” 

Marian Murchison moved to accept the minutes of the December 9 2002 City Council meeting as corrected.  Seconded by Tim VanCleave.  MOTION CARRIED (1 abstention, Ms. Buschke).

F.  Report from the Planning Commission:

Mr. Dunnett reported personnel changes:  Deborah Kendrick is stepping down from the chair and Jerry Gentry will fill that seat, Mr. Dunnett will serve as vice chair.  After Mr. Gentry leaves this summer, Mr. Dunnett would assume chairmanship.  Cyde Estes is no longer on the commission. 

Wolff Annexation by the cemetery was approved unanimously by all voting members.

A joint meeting for the council and planning commission is scheduled tentatively for February 4, 2003.    

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

           Letter from Cheryl Alston regarding the trees on Matlock Street.  Manager Breazeale stated that they have had a number of discussions back and forth, primarily telephonic.  She is requesting additional time and arrangements to get the trees removed.  The City Attorney has given her several recommendations for removal; she has not followed through.  Mayor Jepson asked for clarification of the letter from Mrs. Alston.  She stated that the trees did not belong to her, but continued to indicate that they did.  According to Manager Breazeale, per the ordinance, the city owns the trees and she is responsible.  Mr. Kuhn stated that Mrs. Alston informed him that she had no available funds at this time.  He had suggested to Mrs. Alston, that she take out a loan to have the trees cut down and cover some additional expenses.  He suggested that instead of asking the City Council for additional time, that she give a specific date when the work would be completed. At this time, she has not responded.  Mayor Jepson discussed the City’s liability in case of the trees falling down in a storm and causing personal injury.  He also proposed granting Mrs. Alston a three-four month extension.  Mr. Kuhn stated that the City has liability insurance and it is his feeling that there are not any liability concerns.  Mr. Wolff requested a recommendation from the City Manager or peace enforcement on this issue.  Mr. Breazeale said that there are no enforcement teeth in the ordinance and proposed modifying the nuisance abatement ordinance to include trees and brush in order to enforce codes on properties with problems such as this.  Currently, if the city takes the trees down, there is no way to recoup the expense.  Mr. Kuhn stated that the owners could be fined.  Mrs. Alston has been cited and paid the fines.  However, a more effective method is required, and the question was asked if the city should wait until the ordinance has been approved.  According to Mr. Rayburn, Mrs. Alston was first notified on August 15, 2002.  At that time, she explained that she did not have the finances to have all the trees removed.  He suggested having one tree removed, and making further arrangements to remove the second one.  If she did nothing, she would receive a citation.  She did receive a citation for the trees, and he has heard nothing since.  Mr. Breazeale received a telephone call wherein she explained her position and said that she would have the trees removed within a very short time.  Mr. Breazeale proposed granting a one month extension; notifying her by mail that if the work was not completed, the city would cause the trees to be removed from her property.  Mayor Jepson felt that since she is hard-pressed for money, we could be lenient with her.  Her last contact was with Mr. Kuhn in early December, wherein he informed her that if she did not do something, the city would have to go forward with its standard process of labeling the property as a nuisance, removing the trees, and placing a lien on the property.  Her December 17, 2002, letter is the result.  Mr. Wolff moved to instruct the City Manager to write Mrs.Alston and give her until March 10, 2003, to have the trees removed.  Seconded by Cindi Doherty.  MOTION CARRIED. 

Correspondence from John Edmundson concerning the Heppner Flood Centennial and naming one street at the south end of South Chase Street as Bruce Kelly Way, in honor of Bruce Kelly, one of the two riders during the 1903 flood; and renaming Matlock Street “Les Matlock Street.”  Mayor Jepson asked if there were issues in changing the name of an existing street.  Mr. Edmundson has not explored this avenue.  Mr. Breazeale stated that maps, addresses, street signs, etc., would have to be changed resulting in considerable costs.  Tom Wolff moved that the Council take official action to name the current city street that runs in front of the cemetery to Bruce Kelly Drive, and that further, the existing Matlock Street be referred to in the future as Les Matlock Street.  Seconded by Judy Buschke.  MOTION CARRIED.

Letter from Judge Laura Pryor, subject:  Eastern Oregon Rural Forum.  Per Mr. Breazeale, she is asking for is an organization to be formed to support rural Eastern Oregon issues and that by-laws were established.  According to Mr. Wolff, everything has changed, to include a name change to Eastern Oregon Rural Association, and changing the elected official requirement for participation to an elected official or duly appointed representative in place thereof.  Morrow County officials have commented favorably on the organization which is supposed to become Eastern Oregon’s direct channel into the Governor’s office and will not replace the Morrow-Baker Partnership, the cities, or League of Oregon Counties.  Our County Commissioners endorsed the proposal.  Mr. Jepson stated that Judge Pryor is also looking for endorsement from the City Council.  Tom Wolff moved that we table this for one month until we see what the fallout is and bring subject up again at next months’ meeting.  Seconded by Tim Van Cleave.  MOTION TABLED UNTIL NEXT MEETING.

2.  COMMUNICATIONS FROM THE PUBLIC

A)     Oral Communications for the Public not on the Agenda. 

Presentation by Stephanie Haguewood, CAPCO, who works with AgriYouth in both Morrow and Umatilla Counties.  Right now they are applying for a grant with the Oregon Youth Conservation Corps.  It is an $11,000 grant and she is proposing starting up the greenhouse at the high school with her youth that are in the program and possibly others in the high school.  She would like to utilize the youth themselves and North Morrow County during the summer.  During the school year it would run and be maintained by the youth here in Heppner.  Tom Shear is going to be the crew leader for this.  The project consists of a crew leader and 10 youth.  Funds received from the approximate $11,111.00 grant need to be matched.  For matching these funds, they intend to utilize partners including the OSU Extension Office, the 4-H Master Gardeners Program, the Morrow County Soil and Water Conservation, and Heppner High School.  She intends to contact Tom McLean at the Forest Service and has dropped off a packet for his review.  She is looking for stores and partners who are willing to donate items such as soil or starts that they can include in their proposal to the OYCC.  Mentor packets and brochures have been provided to the Council for review.  Potential mentors may complete the application.  Mr. Wolff asked about the frame they are looking at to come up with their match.  Ms. Haguewood said they submitted their letter of intent last Friday; the proposal is due in February.  According to Ms. Haguewood, the production from the greenhouse will be donated back to the City of Heppner, possibly Ione and Boardman, and the Senior Center.  According to Mr. Canham, the City has potting soil available which could be provided.  Ms. Haguewood is also meeting with the Morrow County Commission on Children and Families.  Mayor Jepson stated that the Council supports the project.   

Presentation by Mr. Bill Kuhn, subject:  School Board’s Meeting in December, and Decision that they needed equity funding in Morrow County to equalize funding between North and South Morrow County. 

Schools are funded based on the number of students that attend each school with some additional weight and money given to handicapped students and those students that have ESL.  Net result of the decision means a loss of between $800-900,000 worth of funding to South Morrow County Schools.  This means a loss of 15 teachers, 5-plus in Ione and 9-plus in Heppner.  That led both communities to scramble and see what they could do.  Choices fall into three basic categories, even though there are a lot of options:  1.  Do nothing and watch it happen; 2.  Try and talk the school board out of it; or 3.  See what we can do to mitigate the situation.  A recent article in the Oregonian is very dismal with regard to education.  Mr. Kuhn quoted an article from a grandmother in Portland to illustrate the fact that parental concerns are the same in both sides of Oregon.  The only solutions that could be offered were to write letters to the legislature.  Under the reductions, Heppner schools will have to do without librarians, counselors, music, and a viable curriculum for students to gain entry to a 4-year college.  At Thursday night’s meeting, Molly Rill presented figures from Wade Smith, Heppner principal on class sizes.  Class size are expected to increase to over 30 pupils.  There will be no aides in the classrooms or other assistance for children who need it, which will lead to disruption in the classroom.  Mr. Kuhn is asking the council to give him ideas on anything that can be done to help prior to the board meeting in February.  The County Commission has also asked for $500,000 for the schools.  Items discussed to raise the funds were a sales tax for the city of Heppner, help with the water, and help with the maintenance.  Ms. Doherty asked if the City would donate water services.  According to Mr. Jepson, the donation of water is a “drop in the bucket” as far as the $500,000 goes.  Total dollars for water for the school district in Heppner is $8,348.00 for 1 year.  Questions were also asked if we would be in the same amount of trouble if measure 28 passes.  According to Mr. Kuhn, the passage of the measure won’t make any difference.  There are a lot of strong feelings about consolidating Ione schools with Heppner.  Mr. Canham asked if there was a way for Ione to keep their athletic programs under consolidation.  One of the options was to put Heppner High School in Ione.  Ms. Buschke was asked for comments.  Her only question was where are our priorities?  Mr. Jepson stated that he doesn’t see a sales tax for the city; and doesn’t envision the public works department performing doing custodial work in the schools, and sees a serial levy as the quickest way to raise the money. 

B)       Request for City Sponsorship of Heppner Flood Centennial Committee and all events sanctioned by the committee. 

             Mr. John Edmundson requested City sponsorship of the Heppner Flood Centennial Committed and all events sanctioned by the committee.  The centennial celebration of the June 14, 1903 flood commemoration will commence in February and continue throughout the year.  The major celebration will be in Heppner on June 14.  Tom Wolff moved that we sponsor the Heppner Flood Centennial and all activities connected with the celebration.  Seconded by Judy Buschke.  MOTION CARRIED. 

C)     Proposed Creekside Trail Grant Application..

             John Edmundson discussed the Creekside Trails in City parks.  He is requesting approval to apply for a state parks grant to rehabilitate the creekside trails along city parks.  Repairs are needed to the creek banks to stabilize them and prevent damage from erosion.  Future enhancements include four foot wide walking paths, picnic areas, etc.  The city council authorized the application. 

D)     Animal Permit Renewal – Elizabeth Pettibone, 710 Heppner/Spray Highway.

             Renewal of permit requested.  There have been no complaints.  Tom Wolff moved that we approve the animal permit renewal for Eliabeth Pettibone at 710 Heppner/Spray Highway.  Seconded by Cindi Doherty.  MOTION CARRIED.

3.  PUBLIC HEARINGS

Mayor Jepson declared that Public Hearings are open on the agenda items listed below.

A)     Nuisance Abatement at 220 S. Chase Street, Map No. 2S 26 35CB, Tax Lot No. 1503.

220 S. Chase:  Mr. Rayburn is working with the Looneys on clearing removing old vehicles, etc.  Will be working on completion this week. 

B)      Nuisance Abatement at 495 Water Street, Map No. 2S 26 27DD, Tax Lot No. 1503.

495 Water Street:  Mr. Rayburn stated that Mr. Nash is slowly working on the property with his relatives.

Mr. Rayburn requested a one-month extension on both properties for resolution.  Tom Wolff moved that we postpone those two hearings for 30 days until the next council meeting.  Seconded by Cindi Doherty.  Tabled for 30 days.  MOTION CARRIED. 

C)  Ordinance No.538-2003 An Ordinance Amending Heppner City Nuisance Abatement Code Sectio4-1-8 and Declaring an Emergency

D)  Ordinance No. 539-2003, An Ordinance Amending Title 11 of the City Code, the City Zoning Ordinance Regarding Use Zones, Limited Residential Zone R1, Dimensional Standards, Minimum Street Frontage.

Mr. Breazeale stated that notices for both ordinances have been published in the  Gazette Times.  No comments to date.  Ordinance  (Item C) adds waste trees and bushes that violate the code so that we can do an abatement under the nuisance abatement ordinance.  Ordinance (Item D)  amends title 11 of the city zoning ordinance regarding use zones, limited residential zone R1, dimensional standards, minimum street frontage.  This allows flag lots in R1 and R2 zones for division of large pieces of property that can’t get enough street frontage to otherwise qualify for a building.  The ordinance will require that the pole of the flag lot be paved at least  12 feet wide.  The reason for  the paving requirements is to reduce dust.  No comments.  Public Hearing declared closed by Mayor Jepson.  Ordinance (Item C) read by title only and asked for adoption. 

Tom Wolff moved that the Council accept Ordinance No. 5382003, An Ordinance Amending Heppner City Nuisance Abatement Code Section 4-1-8 and Declaring an Emergency.  Seconded by Marian Murchison.  MOTION CARRIED.

Ordinance No. 539-2003 read to council by title only by Mr. Breazeale.  Mr. Van Cleave moved that the Council pass Ordinance No 539-2003, An Ordinance Amending Title 11 of the City Code, the City Zoning Ordinance Regarding Use Zones, Limited Residential Zone R1, Dimensional Standards, Minimum Street Frontage.  Seconded by Cindi Doherty.  Discussion:  Clarification, if a lot has a minimum frontage of 50 feet, it is not considered a flag lot; on a flag lot, even if the frontage roadway is not paved, the flag arm has to be paved.  MOTION CARRIED.  

5.       COMMUNICATIONS FROM THE COUNTY SHERIFF.

A)  Activity Report.  Deputy Randy Rayburn presented the activity report included in the meeting packet.  One item was submitted in error. 

      B)  Police Commission.  The next Police Commission Meeting will be held on January 30.

      C)  Code Enforcement – Abandoned Vehicle Cleanup.  Deputy Rayburn stated that this is turning out to be a good project.  They have several vehicles ready for crushing, and Torgeson will pick them up to transport to Hermiston.  The crushing will begin on Saturday, 19 January, and the public is invited to come by and watch the process.  Overall Deputy Rayburn is quite satisfied with the project.  Mayor Jepson expressed his satisfaction with the project.

      D)  Additional Discussion.  Sheriff Denton attended the meeting to request comments/complaints/problems/issues since they are at the end of their first six months of their law enforcement contract.  Council members expressed approval of the program. 

6.       COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR.

A)     Activity Report.

Director Canham’s report is included in the packet.  Sewer is doing great and the plant is working very well.  Sludge results from the first of January indicate that they achieved a 61% breakdown and results are excellent.  Corbin’s water system was turned live on December 24.  This project was completed in 15 days.  Prior to this project, the existing Corbin home had city water off of an old 4” loop; meters have been upgraded. 

B)      Utility Commission meeting is scheduled for 16 January 2003, 8:00. 

C)     Parks and Lands Commission:  No meeting held in December; chair not available.  Next meeting to be on January 27. 

D)     Additional Discussion

Director Canham discussed removal of old meters which he has taken to Salem for flow tests to determine accuracy.  The new meters being purchased by the city meet USDA requirements and can be converted to touch reading as requirements change. 

Nothing more has been done on the Hoskins property. 

Has a meeting on 15 January with Heary International concerning their bill.  Interest is being charged on their past due bill. 

Mayor Jepson discussed water shutoff average figures of 8-10 per month.  Charges have been increased for discontinuing/returning service to $35.00 and $5.00.  Mayor Jepson felt the council should be aware that these problems do exist. 

7.  COMMUNICATIONS FROM THE FIRE CHIEF.

Mr. Breazeale stated that the Fire Advisory Committee Meeting is set for February 6, 7:00 PM at Heppner City Hall.  Annual meeting between the City of Heppner and the Rural Fire District.  Major item of discussion is the merger of the two districts. 

6.       COMMUNICATIONS FROM THE CITY MANAGER:

A)     Financial Statement and Annual Audit Report

Mr. Breazeale stated that the City is still in good shape financially.

Mr. Wolff moved to accept the audited financial statements as presented June 30, 2002.  Seconded by Tim VanCleave.  MOTION CARRIED.

B)      Resolution No. 5172003, Approving Accounts Payable for Payment

List of bills presented.  Resolultion 517-2003.  Mr. Wolff moved that we approve resolution 517-2003, a resolution approving accounts payable.  Seconded by Judy Buschke.  MOTION CARRIED.

C)      Baker/Morrow Partnership – Oral Report

Mr. Breazeale presented written material to the council.  Last meeting was held in Heppner at the emergency communications center at the Sheriff’s Department via video telecommunications link with Baker County.  Morrow County and Baker County discussed the state marketing campaign.  Telecommunications link worked well.  State has hired Chabin Concepts to do a general marketing campaign to look at Oregon as a place to do business.  They have a developed a concept where local communities can pick target industries so that the state can develop a program to recruit those types of industries to Oregon and develop leads for the communities.  Minimum cost to join the campaign is $1,000.  Baker Morrow partnership has set aside $10,000 of regional investment money for the target campaign.  Morrow county picked metals and fabrication, $1,000; warehousing and distribution, $1,000; Secondary wood products, $2,000, and $1,000 to be held in reserve for sending a representative to a trade show. 

D)     Work on flood issues – Update.

Mr. Breazeale received a call from FEMA from Bothel, WA.  It looks like they are going to be able to find money in the existing budget to fund our flood study review, vs waiting until congress passes the budget.  Should be in progress right now. 

E)      Downtown Development Plan – Joint City Council/Planning Commisison Meeting

Joint meeting scheduled for February 4, 7:00 PM at the Bank of EO Conference Room  Consultants will have two plans to consider.  Meeting will be facilitated by the Consultant.  Open house will be held at 5:00 PM for public to view exhibits, plans, etc.

F)      Goal Setting Session for 2003 – 1:30 PM, Jan 14, at Columbia Basin Electric Cooperative Conference Room.  This will follow the annual Chamber Luncheon. 

G)     Housing Rehabilitation Grant Application.

Morrow County is considering applying for a housing rehabilitation grant.  The income level for low-income housing has been raised, and the county is asking the city to endorse their application.  They are meeting on Wednesday of this week and need to be advised if this will be accomplished.  This would partially upgrade the housing in Morrow County.  The city of Heppner has the highest percentage of substandard housing and could greatly benefit from the grant.  Tom Wolff moved that we go along with the same program as the county.  Seconded by Mayor Jepson.  MOTION CARRIED.

H)  Water

9.   COMMUNICATIONS FROM CITY ATTORNEY

Mr. Kuhn has been working with Mr. Breazeale on contracting procurement rules issues.  No report as such.

10.    COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS. 

A)   Resolution No 518-2003, A Resolution Ratifying Appointments to City Committees, Boards, Commissions, and Positions.

Resolution 518-2003  New appointments: 

Planning Commission:  Mike Gorman, and Bill Green

Budget Committee:  Joy Krien, Joyce Kay Holloman

Fire Department Advisory Committee:  Steve Rhea, Hal Bergstrom

Housing Authority Board:  Bob Jepson, Judy Buschke

Beautification Committee:  Bob Jepsen, Kay Proctor, Marian Murchison, Chuck Baily, Keith Brudevold

Saint Patrick’s Celebration Chairperson:  Claudia Hughes, Cara Osmin

Christmas Parade of Lights Chairperson:  Darrel Raver, Dave Sykes

Council Commission Appointments:

Police Commissioner:  Tim Van Cleave

Fire Department Commissioner:  Kay Robinson

Parks and Land Commissioner:  Judy Buschke

Streets and Bridges Commissioner:  Tim VanCleave

Utility Commissioner:  Tom Wolff

Personnel Committee:  Bob Jepson, Tom Wolff, Kay Robinson

Mr. Van Cleave moved to ratify the Mayor’s appointments.  Seconded by Cindi Doherty. 

MOTION CARRIED. 

B)  Beautification Commission – December 12, next meeting January 9, next meeting February 13.

      C)  Heppner Housing Authority – Bob Jepsen, Chairman – Next meeting January 27.

Marian Murchison is the manager of the apartments.  They are still full with a waiting list of three people.  No meeting was held in December.  The next meeting is scheduled for January 27. 

      D)  Additional Discussion. 

 Public Works personnel traveled last Thursday to the emergency board and got full funding for the ATV project. 

      Ms. Buschke will be leaving town next week and will not attend the February council meeting.

Members would like to have the old pipes on display in City Hall that have been removed and replaced mounted on a plaque in the building. 

Mr. Breazeale mentioned that he has received quite a few positive comments on the proposed water project.

    More discussion on the school issues.  Mr. Breazeale’s phrasing that equality distribution among the schools can mean educational equality in addition to/mixed with financial equality received favorable comments.  The elementary teachers at the meeting attended by Mr. Kuhn offered to decline their salary raises.  Ione is a lot more opinionated as to what they will do to ensure the survival of their schools.  We need to make our desires known to the people.  Mr. Calvin Sherman stated that kids are the most important things in the world, nothing is more important

Meeting adjourned at 9:53 PM.