PRESENT: Mayor Bob Jepsen; Council
Members Kay Robinson, Rita Hedman, Tim Van Cleave, Tom Wolff,
Skip Matthews; Kari Keown; City Manager Jerry Breazeale;
Police Chief Merle Cowett; Public Works Director Craig Canham;
City Attorney Bill Kuhn; Fire Chief Rusty Estes
VISITORS: Dave Sykes; Bernice Lott;
Randy Lott; Howard Bryant; Mark Rietmann, Heppner Lexington
Advisory Board; Jerry Gentry; Ron Barber, BBT Architects; Nan
Hall, Heery International; Rick Hayes, Heery International, Cyde
Estes, Planning Commission, Tom Sly.
1. GENERAL BUSINESS
A) Call to Order. Mayor Jepsen called
the meeting to order at 7:05PM
B) Pledge of Allegiance. Mayor Jepsen
led the Pledge of Allegiance to the Flag.
C) Announcements: City Manager Breazeale
announced that the Executive Director of the League of Oregon
Cities is retiring and a retirement function is scheduled for
April 5. He further announced that the survey committee for
the library/city hall project has tabulated the results of the
question regarding the City’s proposed agreement with the
Morrow County Sheriff’s Department for policing services,
which will be discussed under “Communications from the City
Manager.”
D) Approval of Minutes of January 14, 2002, Council
Meeting.
Tom Wolff noted that on page 3, item A, fourth paragraph, should read “on February 20th.”
Motion to approve minutes as corrected by Kay Robinson, seconded
by Skip Matthews.
MOTION CARRIED.
E) Report from the Planning Commission: Cyde
Estes reported that the Planning Commission had reviewed the
application for a conditional use permit from the Morrow County
School District The conditional use permit was approved with
respect to the relief of height requirement and to allow the
continued nonconforming use of the property. Conditions
attached were that the sidewalks west of the school on Elder
Street would be replaced to meet City standards and that there
would be a sidewalk built going north of the school east of the
parking lot which will be built on Elder. The school will
be allowed to continue to use their two portable bike racks,
relieving them of the requirement to have 60 bike parking spaces.
The school must coordinate the overhead and underground utility
placements with our utility companies. The number and placement
of fire hydrants must be coordinated with and approved by the
Fire Department. The overflow of the planned drywells will be
daylighted into the lower field creating a bio-swale, contingent
upon the approval of the City Public Works Director.
Landscaping must be done along Highway 74 and trees needing
to be replaced have to be at least 2 inches in caliper. Sidewalks
on the site must meet ADA requirements with five feet of
unobstructed area. The Planning Commission voted to recommend to
the City Council that the road noted on the site plan as
“County Road” (where the shop currently sets) be
vacated, that the public be granted access easements for the
school on Baltimore Street, and that Stansbury Street not be
obstructed with barriers. Estes noted that the final
recommendation regarding Stansbury Street was arrived at after
lengthy discussion where public access was identified as a
priority and the Planning Commission felt other safety issues
could be addressed by the school with stop lights or other
remedies. The Planning Commission felt that the proposed barriers
would give a false sense of security because they are breakaway
and obstruct only part of the street. In addition, the Planning
Commission was concerned that increased signage would not be
sufficient to reroute large vehicles who would be unable to turn
around when they reached the barriers. In sum, the Planning
Commission felt that the proposed raised sidewalks, narrowing of
the street and grid pavement met the requirements of the
transportation study.
F) Correspondence: City Manager Jerry
Breazeale presented the following correspondence:
Notification from the State of Oregon Bureau of Labor and
Industries of new law changes for reporting wage and hour matters
regarding public works contracts entered into after January 1,
2002.
2.
COMMUNICATIONS FROM THE PUBLIC:
A) Communications from the public not on the agenda Jerry Gentry noted that currently property owners are responsible, by ordinance, for the sidewalks next to their houses, though the City owns those sidewalks. He further noted that this requirement has not been enforced. He reported that volunteers are repairing some of the sidewalks using city equipment. He believes this is a good thing but that it is not fair that some property owners are getting repairs that are their responsibility done for free. He asked the City Council to look at this situation and find a way to enforce the ordinance or do away with it altogether. He also noted that often people wanting to improve their property, like fixing their sidewalks, do not know that they are supposed to get a permit. He recommended that the police or the Public Works Department should stop unpermitted projects before they become a problem.
Tom Wolff asked at what point the City reacts to faulty sidewalks. Mayor Jepsen said that the City asks property owners to remedy obvious dangerous spots. Manager Breazeale stated that the City does not received complaints about the sidewalks. In response to a question from Tim Van Cleave, Gentry said the ordinance says the property owner is liable and responsible for repairs to the City sidewalk and when you make improvements you must abide by the City standards. You find out about those standards by coming into City Hall and you are given the requirements. The next step is to draw a plan with elevations and take it to the Public Works Director for approval. Gentry noted that the ordinance does not refer to enforcement. Public Works Director Canham noted that he has initiated a Citizen Maintenance Request program to handle reports of circumstances like damaged sidewalks. Once a report is received he will check out the sidewalk and talk to the responsible property owner. Director Canham further said that he will advise his crew to keep an eye out for sidewalks in need of repair.
B) Request for consideration for installing crossing gates on Stansbury Street from the Morrow County School District
Rick Hayes, Heery International, presented the School District’s proposal for installing street gates on Stansbury Street. Gates would each block one lane of traffic at each end of the narrowed area in front of the existing school on Stansbury. This would allow emergency vehicles to swing around the arms if necessary during the period the district is proposing to close the street, i.e., from the time students are dropped off in the morning until the buses have picked them up in the afternoon, approximately 9:00AM to 3:00PM. Gates are manual and would be locked in the upright position when not in use. In addition to stopping traffic through the school site during the day, the gates would also facilitate using the area for safe bus loading. He suggested that it would be appropriate for the school district to have a traffic engineer review this specific situation in terms of the gates and determine whether this is the right solution or what an alternative might be. Hayes said the traffic engineer who had done the study for the City transportation analysis several years ago noted that the school was a recognized problem in the analysis, that gates had not been considered at the time and it would be necessary to study the area with gates in mind.
There was discussion of the proposed area and means for dropping off and picking up students, with both buses and private vehicles.
Mayor Jepsen noted that at the October Council meeting, the Council had voted against closing Stansbury Street and had recommended off-street bus loading and unloading. Rick Hayes responded that the question in October had been whether to vacate Stansbury, whereas they are now asking for a limited closure. Mark Rietmann noted that the Heppner-Lexington Advisory Committee had recommended the current proposal without the barriers, though they were included as an option. The School Board insisted on including the barriers in the proposal.
In response to a question from Police Chief Merle Cowett, Rick Hayes said he thought it would be appropriate to have a public hearing on the question after the study when the plan meets the City criteria. Jerry Gentry said he had gone to the school and observed the pedestrian and vehicle traffic for the first time and recommended that others do the same. He feels that there are serious safety issues at stake and he strongly believes the type of traffic control device used is an engineering call.
Tom Wolff moved that the City Council deny the request to install barrier gates on Stansbury Street, second by Kay Robinson. MOTION CARRIED.
Skip Matthews pointed out that alternative plans could be considered in the future. Mark Rietmann reported that the School Board will probably come back with an alternative proposal to vacate Stansbury reroute to Baltimore. He asked if that would be a viable option. Tom Wolff pointed out that consideration of closing Stansbury was the next item on the agenda.
C) Request for consideration for closing Stansbury Street and constructing a new street alignment to replace Stansbury Street as an east-west access street:
Rick Hayes reported that one alternative the School District had look out was vacating Stansbury Street and relocating it to connect with Baltimore Street for connection to the highway. They have cost concerns with this plan. Cyde Estes stated that she had attended some of the planning meetings and there had been stated concerns about this plan presenting an increase in safety issues to be addressed. She had also understood that the proposal had been rejected in those meetings and she asked why it was being presented to the City Council. City Manager Breazeale stated that the Planning Commission had been advised that the School District would propose this alternative if the barriers were not allowed, so he had decided to bring it before the City Council at this point. Cyde Estes said she understood that, but that her question was for the consultants, since the Advisory Committee had rejected the idea. Mark Rietmann agreed that the Advisory Committee had rejected the relocation plan, that he understood that this plan should go before the Planning Commission before coming to the Council and that was why he asked if it was a viable option. Ann Spicer asked if the street relocation proposal had been discussed with the State Highway Division. Nan Hall said she had spoken with ODOT and that they would have no problem with the re-alignment.
Motion by Tom Wolff to deny the request for consideration of closing Stansbury Street and further to deny consideration of construction of new street alignment to replace Stansbury Street as an east-west access street, second by Kay Robinson. MOTION CARRIED.
Mark Rietmann asked if the Council was going to address approval of the changes in the bus loading and unloading zone as noted in the proposal and the City’s transportation plan. He was told that this subject would not be addressed at this meeting.
Tom Wolff expressed his concern that the School District was stalling to the point that the City Council would have no choice but to go along with the district’s proposals or risk missing out on this summer’s construction season. He further said he would like to see the City Council provide direction to the consultants so they can get going with the project. In response to a question from Cyde Estes, City Manager Breazeale said the remainder of the vacation issues could not be addressed at this meeting because it is another process, involving public notices and public hearings. The School District has to request those notices and hearings and pay the fees. Manager Breazeale also noted that unless the City Council elects to not accept the Planning Commission’s recommendations, it would be approved as submitted with the changes that were recommended by the Planning Commission. Unless further changes are recommended, the site plan is valid.
There was further discussion of the current bus loading and unloading situation and what changes might be made. In response to discussion about the value of teaching children about the use of traffic lights, Public Works Director Canham offered to bring a pedestal light he had built to instruct a kindergarten class for use in the school.
D) City Manager Breazeale reported that there had been a complaint regarding the chickens at the Kenneth Collins residence. Mr. Collins has a permit for 30 hens and one rooster which was issued Nov. 13, 2001. Manager Breazeale noted that animal permits are predicated on there being no complaints from the neighbors. In this case the complaint was that the chickens have been entering the adjoining property and digging in the flower beds. Manager Breazeale said he had spoken to Mrs. Collins who had informed him that they are planning to fence the chickens in. Until the fence is in place, she will keep the chickens in the coop. Kari Keown said she had visited the property and is concerned about the amount of damage that has been caused. Motion by Skip Matthews to notify Kenneth Collins that he has 30 days to fence in the chickens or the permit will be revoked, second by Tom Wolff. MOTION CARRIED.
E) Request for Animal Permit Renewal from Terra Wilson, 365 Chase Street, requesting a renewal of her permit for one pig. Request for Animal Permit from Kathy Wilson, 365 S. Chase Street, requesting a permit for one pig. Motion by Tim Van Cleave to grant both permits, second by Tom Wolff. MOTION CARRIED.
3. PUBLIC HEARING opened:
A) Ordinance No. 532-2002, an Ordinance amending Ordinance No. 487, an ordinance providing rates to be charged for water service by the City of Heppner, Oregon; prescribing the rules and regulations for the conduct and operation of the water system of said City and connection therewith; regulating and governing the use of water from said system; providing penalties for nonpayment of water and sewer service and for violations of this ordinance and declaring an emergency: There was no testimony.
B) Nuisance Abatement at 165 Linden Way, Map 2S 26 26CC, Tax Lot #6402. Police Chief Cowett noted that there had been some improvement since notice was sent. Chief Cowett reported that two youths, one a referral from the Juvenile Department, have been working on it. The Juvenile Department referral has not been working the required hours and Chief Cowett advised the property owner to report the situation to Carolyn Holt. Kari Keown reported that she had visited with the property owner and has activated the service project network to help. She recommended giving the property owner 30 days to finish the work.
Public Hearing Closed.
Council Action: Motion by Tom Wolff to table action on the Nuisance Abatement question until the next regular Council meeting, second by Kay Robinson. MOTION CARRIED.
Chief Cowett showed video of the Spangler residence on Shobe, which he checked out on a citizen complaint. Tom Wolff noted that he had driven past the residence and, while he would not want property in this condition as his neighbor, he did not feel it was in violation of a City ordinance, it did not appear to present a health hazard, and there was no trash blowing around. Chief Cowett reported that the vehicles were appropriately licensed. Consensus of the Council was that there was no action to be taken at this time.
4. COMMUNICATIONS FROM THE CHIEF OF POLICE
A) Activity Report was presented by Chief Cowett. In response to a question from Skip Matthews, Chief Cowett said that the police log is available to the public.
B) Next Police Commission meeting is February 28.
C) Additional Discussion: Public Works Director pointed out that the Linden Way property currently under Nuisance Abatement jurisdiction is one of the first properties seen when someone enters the City and expressed his concern that no action would be taken on the situation for another month. Kari Keown assured him that the property will be cleaned up immediately.
Tom Wolff conveyed a request from Columbia Basin Electrical Co-op that the City Police officers watch for burned out and flashing City street lights and notify Columbia Basin.
Chief Cowett reported that he attended an ODOT meeting last month and the City of Heppner is still reported the highest rate of seatbelt use in the State. This year’s Seat Belt Blitz has begun.
6. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR
A) Activity Report: Director Canham presented his activity report for December, noting that citizen maintenance requests have slowed down but are still coming in. The sewer treatment sludge pump is still requiring constant attention. The crew will start on the restriping of Main Street in late February or early March. Parking angles will be changed from 80 degrees to 60 degrees. Highway glass spheres, which reflect headlights, will be added to the top coat of the stripes.
B) Director Canham reported that he has spoken to the County regarding the Unocal property dvelopment and the fact that he has good fill dirt available if the County would agree to screen it. He has not heard back from them yet.
In response to a question from Tom Wolff, Mayor Jepsen reported that Dominic Monaghan has been discussing with Mark Bruno a possible sculpture for the Unocal property.
Parks and Lands Commission meeting will be held February 25.
C) Director Canham reiterated the comparison of area utility rates that was published in the East Oregon and the process by which local accounts are turned off and turned back on.
Utility Commission meeting will be held January 21.
D) Scrap iron and debris has been cleaned up at the old pool site. The boiler house has been demolished. A waiver is being developed for citizens who wish to salvage materials from the site.
E) Work will begin on the 19th on the north Main Street bridge.
F) Director Canham noted that he will be including a line item for storm water repair in this year’s budget.
7. COMMUNICATIONS FROM THE FIRE CHIEF
8. COMMUNICATIONS FROM THE CITY MANAGER
A) Resolution # 485 -2002, A Resolution Approving Accounts Payable for Payment; Skip Matthews moved with a second provided by Kay Robinson to approve resolution No. 485-2002. MOTION CARRIED.
B) Ordinance # 532-2002, An Ordinance Amending Ordinance No. 487, an Ordinance Providing Rates to be Charged for Water Service by the City of Heppner, Oregon; Prescribing the Rules and Regulations for the Conduct and Operation of the Water System of Said City and Connection Therewith; Regulating and Governing the Use of Water from Said System; Providing Penalties for Nonpayment of Water and Sewer Service and for Violations of this Ordinance; and Declaring and Emergency.
Manager Breazeale reviewed the changes incorporated in the amended ordinance. Some of the changes were to state that the location of water meters was at the direction of the City and to provide for setting fees by resolution. The changes also clarify how delinquent accounts are handled.
Motion by Tom Wolff, second by Skip Matthews to approve reading of Ordinance No. 532-2002 by title only for passage. MOTION CARRIED. City Manager Breazeale read the title of the ordinance. Tom Wolff moved to adopt Ordinance No. 532-2002 and Skip Matthews seconded. MOTION CARRIED.
C) Resolution No. 486-2002, A Resolution Setting Rates and Charges for Restoration of Water Service After Disconnect and Setting Rates of Interest for Late Payment of Water and Sewer Charges. Motion to approve Resolution No. 486-2002 by Skip Matthews, second by Tom Wolff. MOTION CARRIED.
D) Letter of Support for the Oregon Motor Speedway project land use application. City Manager Breazeale referred to a letter submitted by Martin Davis, Economic Development Coordinator for Morrow County, requesting support for the speedway application. Breazeale presented to Council a letter he had included in the packets in support of the speedway project land use application. Motion by Tom Wolff, second by Kari Keown to approve sending the letter in support of the speedway project. MOTION CARRIED.
E) Planning Grant through the Quick Response Program of D.L.C.D. City Manager Breazeale described an opportunity for a planning grant to help identify a viable location for a motel or hotel in Heppner. The Quick Response Program provides grants for communities that need to have solutions to planning problems and need answers in a timely fashion. D.L.C.D. would hire a consultant to review the issue of motel/hotel siting, review available sites and come up with recommendations. It has been generally recognized that there is a shortage of lodging facilities in Heppner. Hopefully, the study through D.L.C.D. would identify economically viable sites in the community. City Manager Breazeale was looking for approval from the City Council to support the process. There is no cost, other than staff time, for using the D.L.C.D. program. Motion by Kari Keown, seconded by Skip Matthews to proceed with the hotel/motel siting study. MOTION CARRIED, with Tom Wolff opposed and Kay Robinson abstaining.
F) Joint Meeting with the Oregon Trail Library District. City Manager Breazeale reminded the Council that they had agreed to meet with the Oregon Trail Library District to receive the results of the survey on the Library/City Hall Project. The Library District has invited the City to meet with them at their board meeting February 20th at the Heppner Branch Library. The consensus was that the Council would meet with the Library Board on the 20th at the Library.
G) Letter of Support for Rex Mather to serve on the board of the Greater Eastern Oregon Development Corporation and represent Morrow County cities. City Manager Breazeale reminded the Council that he had resigned that position earlier to serve on the board of the Baker/Morrow Partnership. Motion by Tom Wolff, seconded by Skip Matthews, to approve of the appointment of Rex Mather to represent Morrow County cities on the GEODC Board. MOTION CARRIED.
H) Bill Scott’s (Director of O.E.C.D.D.) Visit to Morrow County City Manager Breazeale reported on his attendance at the Port of Morrow office on February 6th to meet with Mr. Scott. Mr. Scott gave a presentation on the state of the Oregon Economic and Community Development Department. He reviewed the economy and the recession and how that was effecting the state and the department. He also reviewed the efforts of the department and how they could chip away at the edges of the recession, and make progress in certain areas.
I) Financial Report January 2002. City Manager Breazeale explained that the month end closing statements were included in the packets. Councilor Tom Wolff asked what was the interpretation of the City Manager as to the state of the budget. City Manager Breazeale stated that, with the exception of the Sewer Fund, the City was doing well within the budget. The sewer fund has been adversely impacted by the recent rehabilitation which was unanticipated but necessary.
9. COMMUNICATIONS FROM THE CITY ATTORNEY:
A) Report on temporary street closures. This item was covered in item 2.B) above.
B) Release Form. City Attorney Kuhn explained that he had prepared a release form for people to sign if they wished to salvage materials from the old pool site. The release would help protect the City against claims which could otherwise result from salvage operations. Anyone wishing to salvage material from the old pool is welcome to claim any materials that have not been prior claimed by the City Public Works Department, but must first sign the release.
10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS
A) The Beautification Commission meeting will be February 14. Kari Keown reported that the Beautification Commission would again be sponsoring “Sprucing up Your Green Week” to remind residents to clean up the city in anticipation of Spring. Les Schwab will take tires from City residents and dispose of them. New this year is a container for scrap steel. Craig Canham, Public Works Director, has arranged for a drop box from a steel recycle to be stationed at the City corporation yard. Residents may dispose of old scrap steel in the container.
B) Mayor Jepsen reported that the Heppner Housing Authority will meet February 25. Kay Robinson reported on the meeting held on January 28th.
C) Tom Wolff reported that the Willow Creek Valley Economic Development Group was working on the prospect of purchasing a business to bring into the Willow Creek Valley. The theory is that it may be more effective to purchase a viable business that could be operated anywhere than to try to entice a business to move here.
Meeting adjourned at