MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

HEPPNER CITY HALL, 111 N. MAIN STREET, HEPPNER, OREGON

7:00 PM, October 10, 2005,

ATTENDEES:

Larry Mills, Interim City Manager

Tim Van Cleave, Mayor

Council Members:

Cindi Doherty

George Koffler

Judy Buschke

Tom Wolff

Glenn Baker

Kay Robinson

Jeff Bailey, Planning Commission

Anne Spicer, City Attorney

Morrow County Sheriff’s Department, Sgt. Randy Rayburn

Heppner Gazette Times, David Sykes

Members of the Public:

Steve Rollis

1. GENERAL BUSINESS:

A) Call to Order. The October 10, 2005, meeting of the Heppner City Council was called to order at 7:00 PM by Mayor Tim Van Cleave.

B) Pledge of Allegiance: Mayor Van Cleave led the Council members and attendees in the Pledge of Allegiance.

C) Announcements: None. Mayor Van Cleave reported that a full Council was in attendance.

D) Correspondence:

1) Letters from Mary Jean McCabe:

a. Cat Problem: Mrs. McCabe has submitted two letters to the Council. The first letter concerned the cat problem in Heppner. Mr. Van Cleave stated that he has discussed this with Sheriff Matlack and the cat ordinance in Irrigon is working well. However, Irrigon has a shelter that can be utilized for cats that are picked up.

b. Center Stripe on Water Street: Mr. Wolff discussed the striping on Water Street. The area Mrs. McCabe is concerned about is located at the top of Water Street clear through to the High School. There is center striping on the upper part of the street which is very faint. Mr. Van Cleave stated that possibly when Riverside is striped, this area could be re-done. Mr. Koffler stated that there are other areas that need to be striped also and he would rather wait and have all of these done at one time.

2) Report from ODOT, subject: Rural Alliance: According to Mr. Mills this report is furnished for information only.

2. COMMUNICATIONS FROM THE PUBLIC NOT ON THE AGENDA

A. Ferguson Engineering – Riverside Street. Mr. Van Cleave reported that Mr. Mills, Mr. Koffler, and Mr. Wolff met with Doug Ferguson, Ferguson Engineering. Mr. Ferguson was willing to move the location of the lines over two feet so that there will be adequate space for parking for the residents on the West side of Riverside Avenue. Mr. Van Cleave had inquired about the location for the sidewalk. Mr. Koffler stated that he felt Mr. Ferguson’s approach was very common sense. According to Mr. Mills, it may be spring before the work is done, depending on availability of the County equipment.

Mr. Mills provided an invoice from Doug Ferguson for engineering work for Riverside Avenue. The invoice exceeds the contract price originally agreed upon due to the fact that the storm drains had to be staked three times. Mr. Ferguson has agreed to deduct the $220.00 for parking at the water park, authorized by the previous mayor which would leave an amount due of $1650.00.

Motion by Mr. Wolff that the City add this invoice to the ratification list and pay Ferguson Engineering the additional $1650.00. Seconded by Mrs. Robinson.

Discussion: Mr. Baker asked why the staking was done two additional times. According to Mr. Mills, this was because the work on the street could not be done at the time since the materials were not available. Mr. Mills stated that he will discuss the responsibility for this with the Public Works employees.

Question: Motion Carried unanimously.

3. CONSENT AGENDA

Mr. Van Cleave pointed out that this change in the agenda was made upon the recommendation of Mr. Mills.

A. Minutes of City Council Meeting, September 12, 2005. Page 3, Para 5, First Sentence should read: “Mr. Koffler feels that the Council should wait until the volume of complaints on the cat issue increases before taking any action.”

B. Resolution Approving Accounts Payable for Payment.

C. Monthly Financial Statement.

Motion by Mr. Wolff to approve the Consent Agenda which includes the minutes of the September 12, 2005, and September 21, 2005, Council Meetings, Resolution No. 617-05 Approving Accounts Payable for Payment, and the Monthly Financial Statement. Seconded by Mr. Baker. Motion Carried unanimously.

Mr. Mills added that the audit has been completed and they anticipate having the audit report completed by the next Council meeting. An exit review was conducted with the auditors. There was one item that was out of compliance in relationship to the way the engineer advertised the water project. This has been sent to Ace Consultants to correct.

4. REPORT FROM THE PLANNING COMMISSION

Jeff Bailey, newly elected member of the Heppner Planning Commission, outlined the details of the October 3, 2005, Planning Commission.

Mr. Bailey reported that no official action was taken. Mr. and Mrs. Charles Cates attended the meeting to discuss the Commission’s opinion on the possibility of splitting their property on Court and August streets into two separate parcels. This property contains two separate dwellings and the Cates would like to split it into two lots. Mr. Kuhn provided information on the requirements to effect this. In order to split the property, one of the lots would have to be a substandard lot and a variance would be required. Mr. Cates stated that he would probably have the property surveyed and make a further decision after the results of the survey are completed.

Mr. and Mrs. Kibbey, Seattle, WA, were in attendance to discuss the requirements for operating an adult foster care facility in an R-2 zone. The Kibbeys are planning to purchase a residence in an R-2 zone that would accommodate a maximum of five foster care residents.

5. REPORT FROM HEPPNER HOUSING AUTHORITY

Mrs. Buschke reported that there is currently a problem with the Wednesday Senior Meal Site, due to resignation of the cooks. Although interim arrangements have been made for the food preparation, attendance has dropped due to the quality of the food. Several people have been interviewed for the assistant cook position, and John Gochnauer has applied for the head cook position. However, no decision could be made since CAPECO had not provided needed information. There is also a problem with the quality of meals delivered to homes. Mr. Gochnauer is considering a proposal to submit to the Senior Board.

There are four vacancies in the apartments.

Mr. Mills added that the tenants have been attending the Housing Authority meetings. The Senior Board has been meeting to set goals.

Public Hearings opened at 7:15 PM.

6. PUBLIC HEARINGS

A. Hearing on Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 440 Water Street, Map # 2S 26 27 DD, Tax Lot 2500. (Monahan/Rollis).

MCSD Sgt Rayburn reported that there are still some vehicles on the property. The yard has been cleaned. Mr. Rollis reported that he is working on the vehicles, contingent upon parts being provided the owners. He stated that he is continuing to work on the yard. He also stated that he has had problems with Heppner Garbage Disposal and high charges for pickup. Sgt Rayburn recommended keeping the action open on this property. Code enforcement action was started in September.

B. Hearing on Declaring Certain Property a Nuisance and Ordering Cleanup of Property. 510 Cowins Street, Map # 2S 26 35CA, Tax Lot 3300. (Wilderness Ventures)

Mr. Koffler stated that unless significant action has been taken on this property that the action be continued. The tires and rims have been removed from the vehicles.

Sgt Rayburn will check on the property on Water Street and meet with Mr. Rollis. Mr. Rollis stated that everything could be done except the vehicle removals which he is trying to sell.

Public Hearings Closed at 7:37 PM.

7. COUNCIL ACTION.

A) 440 Water Street.

Motion by Mr. Wolff to table this action until the November Council meeting and that the Sheriff’s Department meet with the owners to determine the actions needed. Seconded by Mr. Koffler. Motion Carried unanimously.

B. 510 Cowins Street:

Motion by Mr. Koffler to approve Resolution No. 618-05, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property, 510 Cowins Street, Map 2S 26 35 CA, Tax Lot 3300. (Wilderness Ventures) Seconded by Mr. Baker. Motion Carried unanimously.

Mr. Rollis added that the sidewalk in front of his house was not done correctly when the water meter was replaced during the water project. Mr. Mills stated that he will check on this. There is also a problem with drainage, and Mr. Mills will check this also.

8. MINUTES OF COMMISSION MEETINGS. Provided for Information. Mr. Koffler stated that he will be glad when the old pool is completed. According to Mr. Mills, the Parks & Lands/Beautification Commission is taking the lead on this. The sum of $6,000 in tippage fees has been awarded by the Morrow County Court for this project.

9. REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE

A. Activity Report. Sgt Rayburn reported that the Sheriff’s Department was 45 hours over in September. Eric Patton has developed a new formula for the Activity Report. Mr. Wolff commented that he appreciated the detailed report.

B. Code Enforcements. Sgt. Rayburn stated that Deputy Bowles is working the code enforcement actions for Heppner, but he has been out of town and no properties were identified this month. Deputy Bowles and Deputy Bredfield are currently working in Heppner.

Mr. Koffler commented on the code enforcements and whether this counts against contract hours. Sgt Rayburn stated that this work is part of the shifts and the work is done in Heppner only.

C. Additional Discussion. The use of the radar trailer was discussed and Council members agreed that this was beneficial.

10. REPORT FROM THE PUBLIC WORKS DEPARTMENT

A. Activity Report. Mr. Mills reported that the workers have spent a lot of time on water pressure issues and leaks in the water system. He stated that he has talked to the engineers and they are assisting the Public Works crews with the problems. The engineer that designed the system will be in Heppner next week to work on this and assist the Public Works crew in solving problems. There is a problem on Cannon, Green, and Matlock Streets that needs to be taken care of. Regulating pressure has been a problem. According to Mr. Van Cleave, Bill Ferguson stated that this may be a problem for some time until the system is adjusted.

There is also a problem with the pipe on Balm Fork bridge. The bridge crew will be back next week to install braces on the brackets. The cost to repair this is $27,000. Mr. Mills stated that he feels the City should pay for the braces at a cost of about $11,000. Ace has agreed to pay the remainder of the costs. It appears that there will be approximately $30,000 remaining in the contingency fund. Mr. Mills feels that if there is $30,000 remaining, work should be done in the Cannon, Green, and Matlock area since this location has old pipes and as a result, many leaks and other problems are occurring on a continual basis. This work will have to be done by someone other than Moore Excavation, possibly a local contractor. Moore will finish their work next week when the bridge crew is done. Mr. Koffler stated that the work on the meters looked very good.

Mr. Koffler asked about the removal of the asphalt by Hoskins’ property and on Court Street. This work is being done by the County.

11. REPORT FROM THE FIRE CHIEF. None.

12. REPORT FROM THE CITY MANAGER.

A. Flood Study status. A letter from FEMA dated September 15 is included in the packet. According to Mr. Mills, the final product will be completed in Spring 2007, although permits can be issued 6 months prior. Mr. Sykes asked about the floodplain on Riverside. According to Mr. Mills, the floodway has been narrowed, but not the floodplain.

B. UGB Update. Mr. Mills stated that he has discussed this with Judge Tallman. The County wants to get this done. However, Mr. Mills is not sure of the cost. Judge Tallman informed Mr. Mills that the County Planner and County Council is thinking of taking this over. Mr. Wolff has issues with the letter from Carla McClane. He does not want to spend funds on this. He would like to see this project completed, though. According to Mr. Mills, the County Court will discuss the issue at their meeting on October 19. There are some issues between the County Court and the County Planning Department.

C. Court Street project with Oregon Department of Transportation. Mr. Mills stated that he has had several conversations with ODOT and Greg Smith. Mr. Smith feels that he can get the project done. Mr. Grove, ODOT, stated that he needs a motion from the City Council that states that this is the number one priority for Heppner.

Motion by Mr. Wolff that the City of Heppner declare Court Street to be their number one priority project in relationship to the State Highway. Seconded by Mrs. Buschke Motion Carried unanimously.

Mr. Mills stated that Judge Tallman would like a Heppner representative named to the NEACT to replace the previous City Manager (Breazeale). A meeting will be held in November to set funding priorities.

Motion by Mrs. Doherty to appoint Mr. Mills as the representative to NEACT. Seconded by Mrs. Robinson. Motion Carried unanimously.

D) Tippage Fee applications. Mr. Mills reported that Heppner was awarded $6,000 for the old pool site renovation. Mr. Wolff stated that the Heppner Elks was awarded $2500 to replace the current reader board with an electronic reader board which will meet city ordinance requirements. The Elks are planning fund raising activities to raise additional funds for the project.

13. REPORT FROM THE CITY ATTORNEY

A. Franchise Ordinance with CenturyTel. Ms. Spicer reported that the agreement is in process. The last revision was delivered to Kuhn & Spicer on Friday, October 7. Mr. Kuhn will be reviewing the document.

B. Breeding Property. Legal work is still being done on the Breeding property which has been working since last February. The lot book reports were incorrect and were not corrected by the title company. Kuhn and Spicer were not notified that foreclosure action was started in July. Mr. Koffler asked whether the lot book reports were charged to the City; Ms. Spicer will research this. Mr. Koffler suggested that an Error and Omissions claim should be filed. Chase Home Mortgage foreclosed on the property; however, they are not licensed to operate in Oregon.

Mr. Wolff asked about the zoning for the property. Mrs. Spicer will prepare a detailed report on the costs for the City. Mr. Mills feels that the City should go back to the title company for reimbursement of part of the expenses.

14. REPORT FROM MAYOR/CITY COUNCILORS.

A. Mr. Koffler asked about the water leakage going up and Mr. Mills stated that this is due to the many leaks that occurred during the water project. A lot of this was due to cleaning out lines.

B. Mr. Koffler stated that during the potential city manager interviews, he had asked about animal ordinances. There are programs in other areas where cats are neutered and that maybe this should be considered in Heppner. Mr. Koffler feels that a solution to the cat problem such as a spay/neuter program by a non-profit organization should be considered at some point.

Meeting recessed at 8:40 PM for Executive Session per ORS 192.660 1(a) to consider the employment of an individual.

Executive session concluded at 9:07 PM.

Motion by Mr. Wolff that the City offer employment to David DeMayo per the revised letter as outlined by our current City Manager. Seconded by Mr. Baker. Motion Carried unanimously.

Meeting adjourned at 9:15 PM.