PRESENT: Mayor Bob Jepsen; Council
Members Kay Robinson, Rita Hedman, Tom Wolff, Kari Keown; City
Manager Jerry Breazeale; Police Chief Merle Cowett; Public Works
Director Craig Canham; City Attorney Bill Kuhn;
ABSENT: Skip Matthews, Tim Van
Cleave
VISITORS: Dave Sykes; Bernice Lott;
Randy Lott; Judy Kenison; Don Kenison; Chuck Holt; Judy Buschke;
Monika Hunter; Cyde Estes, Planning Commission
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:
City Manager Jerry Breazeale presented the new agenda, noting the
addition of #10 Executive Session.
D) Approval
of Minutes of
E) Report from the Planning Commission: Cyde Estes reported that the Planning Commission is going to look at codifying the changes made in the last couple of years. Since adoption of the Transportation Plan, they have been trying to update some of the ordinances with proper language and additions. The Planning Commission reviewed Estes’ report on the training she attended on legal issues for Planning Commissions and the public hearing process. She noted that City Manager Breazeale is investigating the possibility of bringing such training to Heppner for the remainder of the Commission. Tom Wolff asked at what point conversation with a citizen becomes an ex-parte conversation. Estes replied that it is always ex-parte conversation, but that a problem arises only if it is not disclosed. City Attorney Bill Kuhn noted that the Planning Commission’s rules are different from those of the City Council. The Planning Commission, prior to making a decision, must conduct a formal hearing, the process for which is very structured. The Planning Commission, in a sense, acts as judges, while the City Council, in that same sense, makes legislation. It is therefore incumbent upon the Planning Commission to disclose all conversations.
F)
Correspondence: City Manager Breazeale presented the
following correspondence:
Letter from
Letter from the League of Oregon Cities reported that the court
had ruled in favor of the cities who have franchise fees for
Qwest. Manager Breazeale noted that the City’s fee
from Centurytel has been paid.
Letter from the League of Oregon Cities seeking people to
participate in a focus group in La Grande on March 15.
2. COMMUNICATIONS FROM THE
PUBLIC
A)
Oral communications from the public not on the agenda:
Monika Hunter reported that she will be proposing to the South
Morrow County Ministerial Association that there be a
multi-church celebration at the City Park with the high school
seniors (Heppner and perhaps Ione) when they return from
their senior trip. In response to a question from Tom Wolff, she
said that no date or time has been set pending further
discussion. She is suggesting that the group may meet
through one day, that evening, perhaps overnight and into the
second day. She will return to the Council next month when
further plans have been developed. There was a general
consensus that the use was appropriate and any decision would be
tabled until further information was available.
B) Request for animal permit renewal. Tom Wolff moved to
approve the renewal of animal permits for Tim and Jean Collins (2
horses), Kenneth Collins (2 emus) and a new permit for Betty
Wilhelm ( 1 goat), second by Kay Robinson. MOTION CARRIED.
3. PUBLIC HEARING opened:
A)
Nuisance Abatement at 165 Linden Way, Map 2S 26 26CC, Tax Lot
#6402. Police Chief Merle Cowett reported that the subject
property is greatly improved since the last meeting. Public
Works Director Craig Canham noted that the group Councilperson
Kari Keown put together with the Ministerial Association to help
citizens clean up their property had done excellent work on this
property. Keown explain how the group works for the benefit of
the citizens present.
There was no
further testimony.
Public Hearing Closed.
There was consensus of the Council
that no further action was necessary regarding this property.
4. COMMUNICATIONS FROM THE
CHIEF OF POLICE
A) Activity Report was presented by Chief Cowett. Chief
Cowett reported that the Seat Belt Blitz was in February. A
post-survey indicated 96% compliance.
B) Next Police
Commission meeting is March 28.
C) Code Enforcement: Chief Cowett showed video of a
property (the bowling alley) which had been the subject of a
citizen report via the Public Works Department new service
request form. The material stacked along side the building just
off Chase Street was the subject of the report. Motion by
Mayor Jepsen to send the initial letter of the Nuisance Abatement
Enforcement procedure, second by Kay Robinson. MOTION
CARRIED
D) Letter of Resignation: Police Chief Cowett submitted his
letter of resignation effective June 30, 2002. Motion by
Kari Keown to accept Chief Cowett’s letter of resignation,
second by Rita Hedman. MOTION CARRIED.
E) Vacation accrual and pay (Section 5.3 Personnel Policy):
Manager Breazeale reported that the City’s Personnel Policy
limits the amount of accrued vacation pay to 300 hours. Chief
Cowett has accrued, as of this date, 433 hours. Manager
Breazeale requested authorization to pay the full accrual, so
that Chief Cowett could remain on the job right up to June 30.
Motion to authorize payment of the total hours which Chief Cowett
has accrued by Kari Keown, second by Tom Wolff. Tom Wolff
asked what the status of the proposed agreement with the County
for policing is and if that situation should be considered when
deciding about the Motion on the table. Manager Breazeale
said it should have no bearing and that the contract will be
discussed in the executive session. The question was
called. MOTION CARRIED.
F) Additional Discussion: None.
6. COMMUNICATIONS FROM THE
PUBLIC WORKS DIRECTOR
A) Activity Report: Director
Canham reported that the sewer treatment plant is running
smoothly. He plans to establish a schedule of regular
monthly sweeping of the streets. The Main Street bridge
work is going slowly but is moving ahead. The paving company will
be coming next week to begin work on a number of repair projects.
There have been some service requests but he hopes that more will
be forthcoming.
B)
Utility Commission meeting will be held March 21.
C)
Parks and Land Commission meeting will be held March 25.
D) Additional Discussion
7.
COMMUNICATIONS FROM THE FIRE CHIEF: None
A) The Fire Advisory Committee meeting was held February 27, 2002.
8. COMMUNICATIONS FROM
THE CITY MANAGER
A) Resolution # 487 -2002, A Resolution Approving
Accounts Payable for Payment; Motion to approve by Tom Wolff,
second by Kay Robinson. MOTION CARRIED.
B)
Library/City Hall Survey Results and C) proposed remodel of City
Hall: Manager Breazeale reported that the results of the
survey regarding the question “Do you as a registered voter
or taxpayer of the City of Heppner support the Library/City Hall
project as proposed at the location on Main Street,” were
Yes-72, No-360. Manager Breazeale advised that the results
made it clear that the community did not support the project.
He asked the Council for a motion to stop work on the project.
Tom Wolff moved that the results of the Library/City Hall survey
be acknowledged and that City staff be directed to cease further
activities in developing the joint project with the Library
District on the proposed building on Main Street, second by Rita
Hedman. MOTION CARRIED.
Manager Breazeale further reported that the response to the
question “the current City Hall is in violation of federal
regulations concerning its restrooms and entrance. Would
you support a remodel project to upgrade the restrooms and office
space. He asked if the Council would like to entertain a
motion to solicit requests for proposals from architectural firms
to propose a remodel of City Hall. Kay Robinson asked
if the money was available to pay for the proposed proposals.
Manager Breazeale said that there were some funds available for
proposals, but none at this point for construction. Rita
Hedman suggested that the City wait for the new budget. Tom
Wolff asked if it was necessary to have an architect involved in
the project and City Attorney Kuhn expressed his concern that an
in-house project might not provide accurate specs which could
result in an unsatisfactory job being done.
Randy Lott expressed his belief that the citizens would support a
restroom upgrade, however he does not think anyone is in favor of
a larger scale remodeling of City Hall. Mayor Jepsen noted
that the survey question had specified office space as well as
restrooms. Randy Lott asked the extent of the remodeling
is being considered. He expressed the belief that meeting
the ADA requirements is the main thing to accomplish. He
asked what is so bad about the existing City Hall that it
requires remodeling at this time. He further asked who it
is that is not satisfied with the existing City Hall. Mayor
Jepsen stated that he has not been satisfied with City Hall for
the length of his tenure as Mayor. Randy Lott advised that
he feels that the City is wrong to consider spending tens of
thousands of dollars remodeling the office. Mayor Jepsen
stated his belief that Heppner has the poorest facility for a
City Hall in Eastern Oregon and specifically noted the cramped
space and lack of privacy for discussions. Randy Lott reiterated
his opposition to an extensive remodeling project, though he
would support upgrading the restrooms and entrance. He also
asked what is going to happen to the space currently occupied by
the Police Department. Kari Keown noted that trying to have
a business conversation in the current space is very difficult
because of frequent disruptions.
Chuck Holt reported that his understanding of public feeling
about now defunct Library/City Hall project was that it was a
“Rolls Royce” of a building project and that people did
not want to see a City Hall remodeling project that would turn
into a “Cadillac.” He said people are very
concerned that the proposed remodel is beyond the City’s
means.
Tom Wolff, the City representative on the survey committee,
noted that the survey committee was aware that the restroom and
entrance areas needed to be brought up to ADA standards. He
suggested adding the “office space” to the question
because he believed that managers need to have space to deal with
employees and with the public in private matters. He
believes that providing such a space can be done for minimal cost
by utilizing the garage space which lies between City Hall and
the current Police Department office for a Manager’s office,
a Public Works Director’s office, two ADA compliant
bathrooms and a separate entrance as well as entrances from the
current City Hall. In his judgement, based on the written
comments provided to the survey, the public would support the
remodeling of City Hall which includes the office space. Randy
Lott stated that he did not interpret the survey results that way
and that, after seeing the extent of the original plans for the
Library/City Hall project, he does not trust the City to restrict
the scope of the remodel to the minimum needed.
Public Works Director Canham stated that an average remodeling
cost is $125/square foot. Cyde Estes noted that demolition costs
are higher. Director Canham added that when a project
reaches a certain dollar amount, it becomes necessary to adhere
to regulations regarding wages. Randy Lott pointed out that
keeping the project under that certain dollar amount gives the
City that choice. He stated his opinion that what needs to
be done can be done for under $20,000. Director Canham
pointed out that the handicap-accessible door at the Senior
Center alone cost $5000. Randy Lott asked if the City is
under pressure from anyone to make the building ADA compliant.
Manager Breazeale said that anyone who is disabled and is denied
the same opportunities as someone who is able-bodied has the
right to sue, which could be much more expensive that the
proposed remodel. The ADA requires all public buildings to allow
people with disabilities to receive the same services as the
able-bodied. He noted that if a person in a wheelchair
could come in City Hall tomorrow and ask to use the restroom, he
would not be able to do so. Cyde Estes asked if it was
mandatory that restrooms in City Hall be available to the public.
Manager Breazeale said he did not believe that was mandatory, but
that if a City employee was disabled, the City had to accommodate
their disability.
Cyde Estes, who was also on the survey committee, said she
believed, based on the survey comments, that the public would
support the remodel as long as it is realistic, as long as it is
confined to the items that are necessary, and is within a
reasonable budget. She suggested that if the City contracts
with Morrow County for policing services and saves the projected
$40,000 annually, that that might be considered a revenue source
to remodel City Hall over several years. She noted that she
is in favor of a private office for the City Manager because of
liability concerns. She believes that it is very important
to secure the trust of the public and validate their concerns.
She concluded from the comments on the survey that one of the
public’s primary concerns was leaving debts for their
children to pay off.
Tom Wolff moved to table further discussion of the proposed
remodel of City Hall until July 1, second by Kay Robinson. MOTION
CARRIED.
D) Compensated time policy review: Public Works Director
Craig Canham noted that overtime is not paid unless requested by
City Council. Overtime is accrued as “comp” time
which has to be used within a 30 day period. He reported
that having employees off every month to use small accruals of
comp time is disruptive to the department. He recommended
that employees be allowed to accrue at least 8 hours before they
are required to use it. Manager Breazeale noted that the
personnel policy will require amendment, but, in the short term,
the Council can vote to allow employees to accumulate 8 hours
before they are required to take the time off. He
recommends the change. Tom Wolff moved that the policy be
changed to allow comp time to be accumulated up to 8 hours before
it is mandatory that it be used, pending review of Bureau of
Labor and Industries regulations by the City Attorney, second by
Rita Hedman. MOTION CARRIED.
E)Transportation
Growth Management Grant: Manager Breazeale presented the
TGM grant scope of work. TGM is a combined
program between ODOT and the Department of Land Conservation and
Development. The document is the result of work done at the
Planning Commission level and the Transportation System Master
Plan. The Transportation System Master Plan included a
number of ordinances to implement the plan, which need extensive
revisions to make them fit with the existing code language.
In addition, parking has become an issue in the downtown
environment, since existing ordinances require a specific amount
of parking on-site or off-street be provided with any development
within the commercial area. None of the existing downtown
businesses meet the standard in the code. Any new business
would be required to provide a lot more parking than any of the
existing businesses. Manager Breazeale suggested
considering a different type of development standard for
downtown than for a commercial area out of the downtown area.
The TGM process provides the opportunity to hold planning
sessions with the community, including students for a young
outlook. The cost of the TGM process would be approximately
$30,000 which would be covered by the grant with local match
being in-kind. The Planning Commission has recommended to
the City Council that the TGM grant be applied for. Cyde
Estes added that the Planning Commission recognizes that the
parking requirements do not fit the downtown and that other
options for parking are needed. She also noted that the
Planning Commission feels the City needs expert help in
developing the zoning ordinances that are appropriate for the
downtown development. Kari Keown clarified that there would be no
cost to the City other than staff time.
Kari Keown moved to proceed with the TGM grant process, Mayor
Jepsen seconded. Tom Wolff asked how the students would be
involved in the development of ordinances. Manager
Breazeale clarified that he meant that students should be
involved as part of the community involvement in planning for
their fresh perspective. Tom Wolff verified that the
Planning Commission had recommended proceeding with the TGM
grant. Question was called. MOTION CARRIED.
F)Planning
grant through the Quick Response Program of D.L.C.D: Manager
Breazeale noted that the City Council had previously voted to
pursue a grant through the Quick Response Program of the
Department of Lands Conservation Development to examine the
possibility of siting a motel or hotel in the Heppner area.
Representatives toured Heppner. They were informed that the
site formerly considered for the Library/City Hall is now
available. Siting a hotel in the downtown would negate the
necessity of putting a restaurant in a new hotel. Manager
Breazeale cited the Condon Hotel project as a model. The
consultants pointed out that Heppner is probably marginal in its
prospects of developing a self-supporting hotel. In order
for it to happen, local citizen involvement would be critical.
Manager Breazeale said that possible interest in investing in the
project has been expressed. The final report is expected
with the next two weeks. Tom Wolff ask for clarification
about the possibility of an interested investor. Manager
Breazeale stated that someone who may be interested in
building and running the facility has been in contact, but that
no formal proposal has been made. It has been suggested
that if the City donated the land, an agreement to turn back
profits over a certain percentage to pay for the property might
be possible. Cyde Estes reported that at the meeting with the
consultant, they were told that it would take three things:
public financial involvement, 50% community investors who did not
require an immediate payback and a friendly bank.
G) Consumer Price Index-Cola: Manager Breazeale presented
the 2001 Consumer Price Index. He noted that last year the
Council had put a freeze on cost of living increases based on
projected shortfalls in the General Fund. The projected
cost of living increase for this year is .9%. He
recommended that since the budget shortfall did not occur due to
the diligence of the employees, that a cost of living increase to
make up the previous cost of living shortfall be approved. Kay
Robinson clarified that the money is available in the General
Fund to do so. Kay Robinson moved to approve a 3.7% cost of
living increase, second by Rita Hedman. Kari Keown
clarified that a cost of living increase was paid in 2000. MOTION
CARRIED. The City Manager was directed to put the motion in
the form of a resolution for presentation at the next City
Council meeting.
H)Manager Breazeale reported that all surplus items put up for
auction did sell. The Chevrolet pickup sold for $236; the
1970 dump truck sold for $510; the chain link fence sold for
$450; and the 1967 tanker sold for $276.
Cyde Estes asked if the building purchased from Ruby Shear for
potential parking for the now cancelled Library/City Hall project
is now empty. Mayor Jepsen noted that Public Works Director
Canham would like to use it, but no action has been taken.
Estes suggested that City Council should put it up for sale and
get it back on the tax rolls. Mayor Jepsen said it would
have to be declared surplus and that decision has not been made.
Estes stated that she had been in meeting where Mayor Jepsen had
said that the property was purchased for one reason-to provide
parking for the new facility and she asked if it was proper to
now use it for something else. Estes asked what the process
is that allows her to come before the City Council and initiate
action to sell the property. Mayor Jepsen responded that he
did not know and it will have to be looked into. City
Attorney Kuhn stated that there is no such process, that sale of
property is a Council decision. Manager Breazeale noted
that it is now a matter of record that she has requested the
action. Estes restated her official request that the City
Council look into selling the property purchased from Ruby Shear
with the intent of using it for parking for the new Library/City
Hall project and that the Council respond to her request
with a two month time period. Randy Lott noted that when
the Council was questioned about what would happen if the
Library/City Hall was not built, it was said that the property
could be sold. Tom Wolff moved that City Staff report
to the City Council in writing about potential needs and issues
surrounding that property within sixty days, with the emphasis on
declaring the property surplus and the options for marketing it;
second by Kay Robinson. In response to a question from the
audience, Manager Breazeale said that potential City utilization
of the property would be a part of the staff report. Chuck
Holt asked that the difference between a “need” and a
“use” be clear in the report. Mayor Jepsen said
he believed that if the Hotel development on Main Street evolves,
that project may require the former Shear property for parking.
Cyde Estes cautioned against that presumption because there may
not be a requirement for parking because the hotel consultant
stated a preference for Main Street parking. Question was
called. MOTION CARRIED.
Mayor Jepsen noted that the old swimming pool is being demolished
and is available for salvage. Interested parted should see
City Hall of information and a release.
I) Financial Report, February, 2002. City Manager Breazeale
presented the financial report. Tom Wolff noted that there
is no year-to date report. Manager Breazeale reported that
all funds are doing well. The only concern is the Sewer
Fund because of the extension rehabilitation that was required.
Tom Wolff asked about the current year’ budget process and
was told that the process for this year is just beginning.
8. COMMUNICATIONS FROM THE CITY
ATTORNEY:
A)
Disposition of former Rita Heath property, Hill Street: Bill Kuhn
presented a proposed letter to Morrow County regarding the
disposition of the property. He had asked the County
Assessor how the County was going to treat the City lien. The
Assessor took it to the County Court who said they believed they
had foreclosed the City out when they foreclosed the tax lien.
The Assessor reported back that the County feels that they should
do something about the City’s lien, but they are not sure
how they wish to proceed. The letter is a response to that
position. City Attorney Kuhn asked for input on the letter.
Tom Wolff moved that the letter be sent as presented, second Kay
Robinson. MOTION CARRIED.
B)
Vacation of right of way for Morrow County School District:
the streets in question are Baltimore Street extended through
school property and the old road which appears as “County
Road” (upon which the old shop sits) on maps of the school
property. City Attorney noted that the process is commenced
by the City Council. No action is required
9. COMMUNICATIONS FROM THE
MAYOR/CITY COUNCILORS
Mayor Jepsen announced that there will be no HDC meeting on March
12.
A) The Beautification
Commission meeting will be March 14.
B) Mayor Jepsen reported that the Heppner Housing Authority
will meet March 25.
C)
Tom Wolff will update the Council on the activities of the Willow
Creek Valley Economic Development Group at the next meeting.
D)
Election law summary was provided for the information of the
Council
E)
Additional Discussion: Director Canham noted that there
will be a highway cleanup on March 12 at 5:00PM.
Rita Hedman
announced that she will be absent from the upcoming Police
Commission meeting and the next Council meeting. She
further announced that she is getting married in June.
Kay Robinson
announced that she had had a citizen tell her that they
considered that Public Works Director Craig Canham is “the
best thing that ever happened to this town,” and cited how
much help he had been with their sewer crisis.
Kari Keown asked about the chicken complaint that was addressed
at the last meeting. Chief
Cowett said it had been taken care.
Cyde Estes thanked the City Council for funding the survey of the
Library/City Hall project.
Meeting
adjourned into executive session. The Council returned from
executive session at 9:58 PM. It was voted by the Council that
the City Manager and the City Attorney were to meet with Officer
Sweek according to discussions in the executive session. The
Council meeting was then adjourned at 10:04PM.