MINUTES OF THE
ATTENDEES:
Mayor Tim Van Cleave
City Manager, Jerry
Breazeale
Incoming City
Manager, Larry Mills
Council Members:
Judy Buschke
Tom Wolff
Cindi Doherty
Kay Robinson
Bruce Nelson, Public
Works Director
Brian Harmon, Public
Works Department
Bill Kuhn, City
Attorney
Heppner Gazette
Times, David Sykes
Members of the
Public:
Tim Collins
Ray Nelson
Dean and Helen Peugh
Mike Correa
Jerry Healy
Diane Munkers
Dr. Wenberg
1. GENERAL BUSINESS.
A)
Call to Order. The
B) Mayor Van Cleave led the attendees in the Pledge of Allegiance to the Flag.
C) Announcements:
1) Mayor Van Cleave stated that if anyone had issues to bring before the Council that these will be discussed under Communications from the Public.
2) Mr. Breazeale announced additions to the Agenda:
Correspondence:
· Complaint from Helen Troxell regarding horses.
·
Request for use of the
· Letter from Hayden Family Dentistry requesting parking
Communications from the City Manager
· Two Resolutions for consideration
· Itemized list of bills
Communications from the Mayor/Councilors
· Minutes of the Housing Authority
D)
Approval of the Minutes from the
Discussion: Mr. Wolff identified one correction: Page 8, Para F, 2: Last sentence should read:
“Mr. Breazeale stated that because of the wet weather, revenues are
behind, but this is not a cause for concern.”
Motion by Mr. Wolff to
approve the
E) Report from Planning Commission. No meeting held in July.
F) Correspondence
1) Notice –
Approval of the Umatilla Chemical Agent Disposal Facility Deactivation Furnace
System (
2) Announcement –
Network Meeting for Local Floodplain Programs
3) Complaint from
Helen Troxell concerning horses behind her residence at 620 N. Elder. Mr. Breazeale reported that the horses are
owned by the Collins family. Mrs.
Troxell’s main complaint is the odor.
4) Request from the Pendleton Roundup Association to use the city park after the rodeo parade on August 20. This is a yearly request. Motion by Mr. Koffler to approve the request. Seconded by Mrs. Doherty. Motion Carried unanimously.
5) Request from Hayden Family Dentistry to lease parking space from the city in the city parking lot between the Hayden building and the Post Office. Hayden requests leasing four parking spaces for $25.00 per month for each space.
Discussion: According to Mr. Breazeale, this issue has been discussed with the Parks and Lands Commission. This would be an open-end lease. Mr. Wolff’s opinion is that a quarterly fee would be more cordial. Council members felt that this would be a gesture of good will to the business. Mr. Koffler stated that he felt the city should charge $100.00 per month in accordance with Hayden’s request. Mrs. Buschke agrees with this. Mr. Baker feels this would be an opportunity to generate additional revenue for the city.
Motion by Mrs. Buschke to accept the offer from Hayden Family Dentistry to lease four parking spaces to them. Seconded by Mr. Koffler.
Additional
Discussion: Mr. Baker asked who would be
responsible for installing the signs and was a handicapped space
necessary. According to Mr. Breazeale,
these spaces would be for staff members only, and a handicapped space is
available on
Motion Carried unanimously.
NOTE: Mayor Van Cleave announced
that he has moved agenda item 7, Communications from the Fire Chief, to this
point in the meeting to accommodate Chief Estes’ schedule.
Mr. Estes announced that the old Gazette building will be taken down in the near future. They have a place to dump the debris, there is no asbestos or other toxic material in the building, and the hauling will be at no cost. Plans are to level and gravel the site. They are still seeking two different grants for construction on the site.
Personnel changes: Tom Wicklund has been moved to the position of Safety Officer; Hal Bergstrom has been moved to the Chief Engineer position; Steve Rhea is the new Assistant Fire Chief; Jay Keithley has been moved to the Captain’s position; Andrew Johnson has been moved into a Lieutenant’s position.
Last Wednesday, the
County Court voted in and signed the decree to include the new territory. This will mean about $12,000 per year in
increased revenue. This will be in
effect in a year from next November.
After meetings next week, there will be no more No Mans Land in
2. COMMUNICATIONS FROM THE
PUBLIC.
A) Oral communications from the public not on the agenda.
1) Mike Correa. Mr. Correa stated that he is in charge of the two lower baseball fields. Last year, the city authorized 200,000 gallons of water per field per year at no charge. Mr. Correa stated that this year he has already used this amount, and the fields are not green. He stated that the only alternative would be to let the fields dry up. According to Mr. Correa, the baseball season is over for this calendar year. In answer to Mr. Wolff’s question about whether Mr. Correa wanted to keep the fields green and what is his recommendation. Mr. Correa is currently watering every other day, but the fields are not green. Mr. Wolff asked if watering once a week would keep the grass alive. Mr. Correa stated that watering once a week would not keep the fields green. Mr. Mills stated that he has a concern about the trees and keeping them growing. According to Mr. Nelson, a separate meter has been installed for the trees, but the Grain Growers has not hooked into it. Mr. Mills stated that the trees need to be watered in order to keep them alive. No leaks are evident and the fields are metered. According to Mr. Correa, the little league has no money available for water or nitrogen to keep the fields green and the trees alive. Mr. Koffler asked what the cost would be for 100,000 additional gallons of water and Mr. Breazeale stated that it would be approximately $90.00 per year.
Motion by Mr. Koffler to donate 500,000 gallons per year per field for the two lower fields. Seconded by Mrs. Doherty.
Discussion: According to Mr. Correa, the system is not
leaking. Mr. Nelson stated that
Motion Carried. (6 members in favor; Mr. Baker opposed)
2) Jerry Healy. Mr. Healy announced that he is attending the
meeting to request an update on what is transpiring in
3) Jerry
Healy. Wind Wave. Mr. Healy stated that at the last council
meeting there was a concern about sidewalk repairs in front of the Harrison and
Doherty residences on
Mr. Healy also asked for an update on the CenturyTel and Wind Wave franchises. Mr. Kuhn stated that this information will be discussed in his report.
Mr. Wolff stated that he was a little concerned about why Blue Mountain asphalted Center Street and why didn’t they fix the Doherty property at that time. Mr. Healy understands that the hole was dug up because the city was locating utilities. According to Mr. Van Cleave, it was decided that this was the city’s responsibility. Mr. Nelson was not aware of this, but will investigate.
Mr. Koffler mentioned
that there was another section of sidewalk by the bridge on
3. PUBLIC HEARINGS. (Opened at
A) Ordinance No. 555-05, An Ordinance Amending Title 11 of the City Code, The City Zoning Ordinance by Adding Food Catering Use as a Conditional Use in an R-2 Zone; Changing Parking Requirements for a Change of Use or Enlargement of a Structure; Changing the Procedural Process for Site Plan Reviews and Declaring an Emergency. According to Mr. Van Cleave, this was discussed at the last Council meeting, but could not be enacted due to required publication time. The Planning Commission recommended approval.
B) Hearing on Declaring
Certain Property a Nuisance and Ordering Cleanup of Property. 123
C) Hearing on Declaring
Certain Property a Nuisance and Ordering Cleanup of Property. 1490 N. Court, Map 2S 26 35 BC, Tax
D) Hearing on Declaring
Certain Property a Nuisance and Ordering Cleanup of Property.
E) Hearing on Declaring
Certain Property a Nuisance and Ordering Cleanup of Property.
F) Hearing on Declaring
Certain Property a Nuisance and Ordering Cleanup of Property. 515 Cowing Street, Map 2S 26 35CA, Tax
G) Hearing on Declaring
Certain Property a Nuisance and Ordering Cleanup of Property.
Sgt Rayburn announced that Item B has been done; Items C, D, and E, are still open, and Items F and G are complete.
Mr. Koffler asked why
Sgt. Rayburn stated that if the property owners are making progress, he would like to keep the cleanup actions open so that the Sheriff’s office can work with them.
Sgt Rayburn stated that the Munkers are making progress, and he needs to meet with the Smiths to find out if they need assistance in moving the vehicles, etc.
Dr. Wenberg asked if Wilderness Ventures installed a blind fence to enclose the area where his vehicles, etc., are currently stored, would this be acceptable? Mr. Koffler questioned whether a fence could be erected in a commercial zone. City Attorney Kuhn stated that there would still be a health and safety issue. Dr. Wenberg would like the area fenced for security for his property that he still needs to store. Mr. Koffler stated that if the vehicles were non-operating, there would still be a problem.
Public Hearings closed at
4. COUNCIL ACTION
A)
Ordinance No. 555-05, An Ordinance Amending Title 11 of the City Code,
The City Zoning Ordinance by Adding Food Catering Use as a Conditional Use in
an R-2 Zone; Changing Parking Requirements for a Change of Use or Enlargement
of a Structure; Changing the Procedural Process for Site Plan Reviews and
Declaring an Emergency.
Motion
by Mr. Wolff to approve Ordinance No.
555-05 as written. Seconded by
Mr. Koffler. Motion Carried.
Mrs.
Buschke – In favor.
Mr.
Baker – In favor.
Mr.
Koffler – In favor.
Mr.
Wolff – In favor.
Mrs.
Robinson – In favor.
Mr.
Koffler – In favor.
Mrs.
Doherty – In favor.
Mr. Van
Cleave – In favor.
B)
Resolution No. _____, A Resolution Declaring Certain Property a Nuisance
and Ordering Cleanup of Property. 123
C)
Resolution No. _____, A Resolution Declaring Certain Property a Nuisance
and Ordering Cleanup of Property. 140 N.
Court Street, Map 2S 26 35BC, Tax
D)
Resolution No. _____, A Resolution Declaring Certain Property a Nuisance
and Ordering Cleanup of Property.
E)
Resolution No. _____, A Resolution Declaring Certain Property a Nuisance
and Ordering Cleanup of Property.
F)
Resolution No. _____, A Resolution Declaring Certain Property a Nuisance
and Ordering Cleanup of Property.
G)
Resolution No. _____, A Resolution Declaring Certain Property a Nuisance
and Ordering Cleanup of Property.
Motion by Mr. Wolff to drop further action on Items B, F, and G upon recommendation of the Sheriff’s Department. Seconded by Mrs. Robinson.
Motion Carried.
Motion by Mr. Koffler to adopt Resolutions 611-05, 612-05, and 613-05 (Items C, D, and E). Seconded by Mrs. Doherty.
Motion Carried.
Discussion: Mr. Wolff recommended that the Sheriff’s
Department investigate the condition of the property at
5. COMMUNICATIONS FROM THE COUNTY SHERIFF REPRESENTATIVE.
A) Activity Report. According to Sgt Rayburn, the Sheriff’s Department is working on improving the format for the report. Heppner Patrol hours are reported with 156.7 hours over. Mr. Baker would like this report every month. This would help to show the trend over a period of time. Mayor Van Cleave would like this information included in the newsletter. Sgt Rayburn stated that he has also furnished the City with a work schedule for the deputies.
B) Police Commission – next meeting July 28.
C) Code Enforcements. Sgt Rayburn stated that he will investigate the condition of the property at 535 S. Court St. and report at the next Council meeting.
D) Additional Discussion:
1) Sgt Rayburn has been investigating the Action Towing contract issue. Mr. Baker stated that the possibility of piggy-backing this contract onto the Sheriff’s department contract might save both entities money. Mr. Kuhn will look at the contract. According to Sgt Rayburn, the City does not have many vehicles towed. The close proximity issue was discussed.
2) Mrs. Robinson
stated that Mr. Baker’s comment to the Police Commission regarding people not
obeying traffic laws is absolutely correct.
Sgt Rayburn stated that he has instructed the other deputies to watch
this more closely. He is working on
locating a radar trailer for use in Heppner.
The U-turn issue on
6. COMMUNICATIONS FROM THE PUBLIC WORKS DEPARTMENT.
A) Activity Report. Public Works Director, Nelson, reviewed the
report included in the packet. Mr.
Koffler asked if the automatic sprinkler system at
Jode Coil has been hired to water the hanging baskets for the City.
The motor at Well 1 was possibly taken out by lightning.
Mr. Van Cleave asked about the storm drains on
Mr. Wolff asked about realigning the center stripe on
Mr. Nelson stated that the water project is over ½ way done and lines should be in by the end of July or the first week in August. Once this is done, they will start hooking up and do the bridge crossing. Mr. Koffler asked if Mr. Nelson was satisfied with the patching. According to Mr. Nelson, they have done an outstanding job; there are some areas that need smoothing up. There are some areas that are waiting to be paved. There are some things that will need repaired before the contractor receives their retainage.
In answer to Mr. Wolff’s question, Mr. Nelson stated that
B) Utilities Commission – Next meeting scheduled for July 21.
Mr. Koffler asked for a report on the old pool site. According to Mr. Nelson,
C) Parks and Lands Commission meeting, June 27. The Parks and Lands Commission voted to recommend combining with the Beautification Commission.
Motion by Mr. Wolff to combine the Parks and Lands Commission with the Beautification Commission. Seconded by Mr. Koffler. Motion Carried unanimously.
Meetings will be held the second Thursday of each month.
D) Water Improvement Project Status Report.
Mr. Koffler asked Mr. Nelson about the water balance percentage of loss down to 21%, and is the reason because of the water project? Mr. Nelson stated that part of this is because of the water project, and also due to repairs made to the system by City employees. Mr. Nelson agreed with Mr. Koffler that we should never see the 35-40% losses again unless there was a major problem with the system. Mr. Wolff asked what the average loss was for other cities and Mr. Nelson stated that it is approximately 20%.
7. COMMUNICATIONS FROM THE
8. COMMUNICATIONS FROM THE
A) Flood Study – Status report. Mr. Breazeale reported that the first cut of
maps have been prepared with the new information. These are in great detail and are
high-resolution aerial photos. The lines
will be very clear and will show where structures are located in relation to
the flood line and the floodway location.
We will actually be able to overlay the assessor’s maps and determine
exactly where the flood lines are located.
These maps will be applicable as evidence when a homeowner goes to their
mortgage company to determine flood insurance requirements. According to Mr. Breazeale these maps will
not be effective until they are published by FEMA. Once they are published the information will
be the official determination. The maps
will be in
B) Petition to request
paving of
Background: According to Mr. Breazeale, this item has
been the subject of discussion at previous meetings. The residents of
Mr. Breazeale stated that if the petition had met the criteria outlined by Mr. Wolff, the Council could have formed a local improvement district based on the petition. However, now if they want to form a local improvement district, Council action would be required, along with an engineering study and written report in order to levy special assessments against the subject properties. Mr. Breazeale has prepared a resolution in anticipation of this. This resolution would require cost report and is a lengthy process. Mr. Breazeale has prepared a cost estimate which is in the amount of approximately $7,000.00 +/-. According to Mr. Kuhn, the Local Improvement District process is quite expensive and property owners need to be committed to having the work done. Mr. Wolff stated that he was disappointed in the petition from the owners since he had explained to them that the cost of the paving would have to be at least partially shared by them.
Mr. Breazeale stated that this street is a city right-of-way and is not maintained by the city. It is a substandard street that has not been accepted for maintenance due to this. Once the street is brought up to standard, then the city would maintain it. Mr. Koffler feels that the city should send the property owners a letter explaining the process and let them make a decision on whether they want to proceed. Mr. Mills volunteered to contact Mr. Dubuque on this. Mr. Koffler asked if the owners raised the money to bring the street to city standards would the city be required to maintain it. Mr. Wolff stated that he was somewhat disappointed that there was no representation from the residents at this council meeting.
Mr. Wolff asked if the $7,000 cost would include the base work, and Mr. Nelson stated that it would be included.
C) Resolution No.______, A Resolution Declaring the Intention to Establish the Campbell Way Local Improvement District. No action taken.
D) Resolution No. ______, a Resolution Approving Accounts Payable for Payment. (Bills reviewed and approved prior to meeting by Financial Committee.)
Motion by Mr. Koffler to approve Resolution No. 614-05, a Resolution Approving Accounts payable for Payment. Seconded by Mrs. Doherty. Motion Carried.
E) June Financial Statement. Not provided--End of Year closeout has not been completed.
9. COMMUNICATIONS FROM
A) Interoffice Memorandum,
B) Breeding Property. Mr. Kuhn reported that action has been initiated to create a receivership on the property which would allow the city to clean up the property and would permit the city liens to go ahead of the other mortgages. This action has been instituted for two months. All of the parties have been served. Mr. Kuhn has received several calls from Mrs. Breeding. The banks have not responded. Mr. Kuhn will start taking defaults against two of the banks and the Breedings next week. This is a very slow process, but has the benefit of making sure that the city isn’t out the money for cleaning the property. Mr. Koffler asked if it is assumed that everything remaining on the property is junk. The boats are gone. According to Mr. Harmon, both boats have been sold.
C) Franchise ordinances. Mr. Kuhn has two issues:
1) CenturyTel. Mr. Kuhn has contacted CenturyTel’s attorney and e-mailed him a copy of the previous ordinance that was sent to CenturyTel the end of March. The attorney so they can furnish comments.
2) WindWave/Inland Development. Mr. Kuhn has contacted their attorney at the City Manager’s request. Mr. Breazeale has discussed this with Nate Arbogast, who thinks that he should not have to pay a franchise fee for internet services and Mr. Kuhn is not clear why he thinks that—whether there is something in the franchise agreement or some statute or case law which says that because this is internet he doesn’t have to pay. Mr. Kuhn’s opinion is that the fiber optic system is in town and uses city right-of-ways and that the internet system will not operate without the fiber optic cable being in place. Mr. Kuhn does not understand WindWave’s thinking for not wanting to pay the franchise fee.
Mr. Koffler asked if CenturyTel paid a franchise fee for internet service. According to Mr. Kuhn, they will under the ordinance he gave them. This ordinance was patterned after the WindWave ordinance.
Mr. Breazeale stated that he had quite a lengthy conversation
with Mr. Arbogast today on this issue.
Mr. Arbogast feels that no one else in
According to Mr. Kuhn, the League of Oregon Cities’ attorney does not see any reason why a city cannot charge fees for internet service. Mr. Kuhn has written a letter to WindWave’s attorney to determine his opinion of the issue.
Mr. Wolff’s explained that CBEC’s franchise agreement calls for gross receipts of electric sales. They back out of their gross receipts the 2% franchise tax they pay to the city and they back out the 4% Oregon State Utility tax.
In answer to Mr. Healy’s question about whether CenturyTel will pay franchise fees on their internet service, the fee will be based on gross revenues. With regard to their satellite TV service, this is unknown.
According to Mr. Breazeale, the subject of franchise fees on internet service is getting a lot of attention throughout the country.
3) Vacation Policy. Mr. Breazeale had asked Mr. Kuhn to address the new vacation policy for the city and whether it is applicable now or is it based on the anniversary date. He assumes that the city’s intent was that the policy was adopted in November and that it is triggered by an anniversary date. Mr. Mills stated that he would like the council to think about using the anniversary date for the first year and then go to a calendar year schedule in order to keep the policy simplified. Mr. Wolff recommended having the personnel committee meet in the near future to discuss this further.
10. COMMUNICATIONS FROM THE
MAYOR/
A) Beautification Commission – next meeting July 14. This meeting will be a combined Beautification/Parks and Lands Commission. The main focus of the commission will be on the cleanup of the old pool site.
B) Heppner Housing Authority. Mrs. Buschke reported that there are currently 5 vacancies in the building. Mrs. Buschke had invited all the tenants to the last Housing Authority meeting. All but three of the tenants were in attendance and they appreciated the notice. Mrs. Buschke intends to continue this policy in the future. Changing the date for the July meeting was discussed in order to accommodate member’s schedules. Mr. Van Cleave stated that the tenants are eager to have more participation in the Housing Authority meetings.
C) Mr. Breazeale’s Departure. Mr. Mills has started work as Interim City Manager this week. Ms. Devin will return to work on July 18. Mr. Van Cleave stated that Mr. Breazeale could terminate his assignment at the end of the week, and that has enjoyed working with Mr. Breazeale during his tenure as City Manager.
Mr. Wolff asked if Mr. Breazeale’s departure at the end of the week (July 14) would be a breach of contract. According to Mr. Breazeale, the required 60 day notice has already expired.
Resolution authorizing signatures on City bank accounts. This is a requirement of the Bank of Eastern Oregon, and removes Mr. Breazeale as a signatory on the account and adds Mr. Mills.
Motion by Mr. Wolff to approve the signature authorization changes. Seconded by Mrs. Doherty. Motion Carried.
Meeting adjourned at