ESTACADA CITY HALL, COUNCIL CHAMBERS
475 SE MAIN STREET, ESTACADA, OREGON
TUESDAY, JANUARY 30, 2001
1. CONVENE MEETING
Mayor Austin opened the meeting at 7:00 pm.
Present: Cr. Butcher, Cr. Akins, Cr. Atkinson, Cr. Gavic, Cr. Troeh, Mayor Austin, CM Ealy, CR Carey.
Absent: Cr. Hartwig.
2. CASCADE UTILITES FRANCHISE AGREEMENT
Staff Report – CM Ealy reviewed the staff report and presented information obtained from Steve Crosby, Cascade Utilities, regarding the projected franchise fee at 3%, 4.03% and 5%. The current franchise has expired and the Council needs to be prepared to pass the franchise ordinance at their next meeting.
Questions of Staff – Cr. Atkinson asked if this franchise could be reviewed and changed before the five year time period. CM Ealy stated that Section 10 states the franchise period is for five years unless terminated for a material breach of the agreement.
Cr. Troeh asked if the Council chose to increase the fee to 7%, would Cascade Utilities pass this 3% increase on to the user’s phone bill. CM Ealy stated that they could do this. CM stated that the Crosby’s have been very cooperative in negotiating this franchise agreement and have been very open when discussing the terms of the franchise.
Citizen Comment – none.
Council Discussion – It was Council consensus that they would like to increase the fee to 7%. CM will discuss this with the Crosby’s tomorrow.
3. NEW MUNICIPAL CODE DOCUMENT
Staff Report – CR Carey reviewed the staff report and commented on the new book and explained the new sections and numbering system.
Questions of Staff – None.
Citizen Comment – None.
Council Discussion – CR stated that there is an ordinance on the February 1st agenda that needs to be passed to adopt the new code.
4. 2001 COUNCIL GOALS
Staff Report – CM reviewed the goals set by Council at their January 20, 2001 workshop.
Questions of Staff – Cr. Atkinson asked if they would review these goals periodically to see what progress has been made. Mayor Austin stated they should be reviewed quarterly.
Citizen Comment – None.
Council Discussion – None.
5. SKATEBOARDING PIPE
Parks & Recreation Commission update – CM Ealy distributed some information regarding the skateboarding pipe. He stated that the City’s concern is primarily liability but initial research shows that liability may not be a problem as long as there is proper signage and there is no charge to use it. Mayor Austin would like a more visible spot to put the pipe even though the park would be nice. He would like to be sure all possibilities have been looked at before we make a final decision on placement. Cr. Gavic stated that he and Larry Adamson had talked to the superintendent and he was going to take a look at placing it somewhere on the school grounds and get back to them. So far, no one has heard from him regarding this.
Cm. Irwin, Parks and Recreation Commission, stated that the Parks and Recreation Commission pursued putting the skateboard pipe in the Timber Park rather than the school because the school would be doing a lot of construction in the field where placement was suggested. He updated the Council on what work needs to be done to the pipe to get it ready for use. Cm. Irwin has collected $470 so far from local businesses to be used for the rehabilitation of the pipe. He stated that many of the kids he has talked to feel the timber park is the best location for the pipe.
Mayor Austin would like to have CM contact the superintendent regarding what he found out about placing it at the school. There also needs to be a plan for maintaining the pipe once it is placed.
Questions - Cr. Troeh asked if this pipe is complete or if there are other parts needed before it can be used. Cm. Irwin stated that it is complete. Cr. Troeh also asked what hat Cm. Irwin is wearing when he is soliciting funds for the pipe. Cm. Irwin stated he was doing it on his own but that it is a parks and recreation project and that he is a member of that commission.
Cr. Butcher asked if liability would be greater since the skateboard pipe is made of wood instead of concrete. CM Ealy stated that maintaining the pipe is very important to decrease liability. She is also concerned that there be money to maintain the pipe in the future.
Cr. Atkinson asked how much money is needed to repair the pipe and getting it ready to use. Cm. Irwin stated that it would probably take $1,000 to refurbish the pipe.
Council Discussion – Staff will get the information requested back to the Council at a later meeting.
5. GOOD OF THE ORDER
Review February 1, 2001 Council agenda – Cr. Troeh asked if the addition of minimum frontages on cul-de-sac lots would be revisited by the Council. CM Ealy stated that the Council could certainly look at changing this section and that he can discuss this with CP McCallister and report on the pros and cons of this issue.
County Needs Inventory – The County is trying to rank the needs within the County based on wish lists turned in by each City. The City of Estacada has submitted three projects for the County needs inventory list.
Statewide 2000 Census Figures – The Council commented on the census figures and the growth in Clackamas County and Estacada.
Mayor’s Day – Salem, January 31, 2001 – Mayor Austin will try to attend.
Cr. Gavic stated that people have discussed with him that the 3rd & Main intersection is dangerous. Also, he feels the city needs garbage containers in the downtown area. He also stated that the Community center is collecting funds for their buses at this time and may look at providing a mini-transport system.
6. ADJOURNMENT
The meeting was adjourned at 8:45 pm.
ESTACADA CITY HALL, COUNCIL CHAMBERS
475 SE MAIN STREET, ESTACADA, OREGON
THURSDAY, FEBRUARY 15, 2001 – 7:00 PM
A. CALL TO ORDER BY PRESIDING OFFICER
Mayor Austin led in the Pledge of Allegiance.
Present: Cr. Butcher, Cr. Akins, Cr. Hartwig, Cr. Atkinson, Cr. Gavic, Cr. Troeh, Mayor Austin, CM Ealy, CR Carey, CA Cole.
B. CITIZEN AND COMMUNITY GROUP COMMENTS FOR AGENDA AND NON-AGENDA ITEMS
None.
C. CONSENT AGENDA
1. Approve January 30, 2001 and February 1, 2001 Council minutes
2. Accounts payable
3. Resolution 2001 – No. 2 – A Resolution of the City of Estacada, Oregon calling a measure election to submit to the electors of the City the question of annexation of 0.69 acres into the City limits.
Cr. Butcher moved to approve the consent agenda. Cr. Gavic seconded the motion. Roll Call Vote: Cr. Hartwig-yes, Cr. Akins-yes, Cr. Atkinson-yes, Cr. Butcher-yes, Cr. Gavic-yes, Cr. Troeh-yes, Mayor Austin-yes. The motion passed with 7 yes and 0 no.
D. STAFF AND DEPARTMENT REPORTS
Clackamas County Sheriff – Dep. Kraus – Report not available.
City Recorder – SEI Filing – CR Carey reviewed the procedure for filing the SEI report.
CM Ealy stated that the Complete Communities Congress will be presented as a live satellite feed on Saturday, February 24, 2001, from 9:00 am – 2:00 pm at City Hall. Participants will vote directly to Oregon City via the phone and box lunches will be provided. Let CM know if you are interested in attending.
CA Cole reviewed the Attorney General’s opinion on Ballot Measure 7. The opinion included the determination that Ballot Measure 7 is not retroactive.
E. PUBLIC HEARING – Postponed until further notice
1. Comprehensive Plan Amendment Application 2000-2 and Zone Change Application 2000-2. The applicant, Bernard Atkinson, is requesting a comprehensive plan amendment from Light Industrial to Commercial and corresponding zone change from M-1 to C-1 for property described as 34E 20, tax lots 1700 & 800.
Postponed until further notice. The Planning Commission is still considering the application.
F. COUNCIL BUSINESS
1. SECOND READING - Ordinance Series of 2000, No. 32 – An Ordinance granting to Cascade Utilities, Inc., a non-exclusive franchise conferring the right and privilege to place, erect, lay maintain, and operate in, upon and under the streets, alleys, avenues, thoroughfares and public highways within the City of Estacada telecommunications facilities for the operation of Cascade’s communications business.
CM reviewed his staff report regarding the franchise agreement. CM commented on Mr. Crosby’s memo introduced to the City tonight regarding free DSL service.
Steve Crosby, Cascade Utilities – Mr. Crosby stated that in November there was an unofficial poll taken of the Council and the 4.03% fee was acceptable with the Council at that time and that is how things proceeded. He also stated that the 2.97% increase to 7% would be passed on to the users. Mr. Crosby explained his proposal to offer the City free DSL and Internet service and to keep the franchise fee at 4.03%. This would not make up the whole difference but would bring it a lot closer. Mr. Crosby explained why and how franchise fees are paid to cities.
Cr. Gavic asked if there were grant monies available for street improvements. CM stated that there is a lot of money out there for infrastructure and the City would be pursuing some of this funding.
Cr. Hartwig commented that if there are increases in the franchise fees, he wants to have this money go into the street fund.
CM Ealy read Ordinance Series of 2000, No. 32 for the second time.
Cr. Troeh moved to adopt Ordinance Series of 2000, No. 32 – An Ordinance granting to Cascade Utilities, Inc., a non-exclusive franchise conferring the right and privilege to place, erect, lay maintain, and operate in, upon and under the streets, alleys, avenues, thoroughfares and public highways within the City of Estacada telecommunications facilities for the operation of Cascade’s communications business. Cr. Atkinson seconded the motion. Cr. Gavic would like to look at the 4% and seek grants for the balance of the funds. Cr. Troeh stated she supported the 7% but would like to see the money go to the street fund for improvements. Roll Call Vote: Cr. Akins-yes, Cr. Butcher-yes, Cr. Atkinson-yes, Cr. Gavic-no, Cr. Hartwig-no, Cr. Troeh-yes, Mayor Austin-yes. The motion passed with 5 yes and 2 no.
G. CITY MANAGER REPORT
CM reviewed his City Manager report and some of the correspondence he has received the last few weeks.
H. COUNCIL REPORTS & COMMENTS
Cr. Atkinson stated that he realizes that passing the franchise ordinance will not solve all the problems but is a start in the right direction.
Cr. Gavic stated that next Monday the EDA would be putting on a winter event from 1-4pm. Businesses have really chipped in to make this very positive. Cr. Gavic stated that increased signage along highway 224 is in the works.
Cr. Hartwig thanked the city staff for their response to a problem he had with a water line.
Cr. Butcher stated that the decision regarding the franchise fee weighed heavily on her this week. She really appreciates the plight of Cascade Utilities and the innovative new things coming along that they have to deal with. She hopes that the intent is pure to fix the streets with the money.
Mayor Austin stated he attended an ethics workshop and career fair today with high school students and it was a very rewarding experience. He is also looking forward to the results of the Complete Communities Congress.
Curtis Irwin gave an update on the progress of the skateboard pipe placement. He stated that $1000 has been collected for the skateboard pipe and the Lions club has offered to hold a yearly fundraiser to offset the cost of maintenance. Kelly Roberts and Brandon Flohr are also willing to put on fundraisers to offset the expense of maintenance.
I. ADJOURNMENT OF MEETING
The meeting was adjourned at 9:10 pm.
ESTACADA
PLANNING COMMISSION
CITY
HALL
MONDAY,
FEBRUARY 12, 2001 - 7:00 PM
1.
CALL TO ORDER
Chrm. Cameron called the meeting to order at 7:00 pm.
2.
ROLL CALL
3.
APPROVAL OF THE JANUARY
25, 2001 MINUTES
Cm.
Sager moved to approve the January 25, 2001 minutes.
Cm. Durham seconded the motion. Motion
passed unanimously.
APPROVAL OF THE JANUARY 25, 2001 WORKSHOP MINUTES
Cm.
Sager moved to approve the January 25, 2001 minutes.
Cm. Durham seconded the motion. Motion
passed 6-0 (Cameron abstained).
4.
PUBLIC HEARING - PLANNING
COMMISSION DELIBRATION ONLY - NO
ADDITIONAL
PUBLIC TESTIMONY WILL BE RECEIVED
Comprehensive
Plan Amendment Application #2000-2 & Zone Change Application #2000-2.
The applicant, Bernard Atkinson, is requesting a comprehensive plan
amendment from Light Industrial to Commercial, and corresponding zone change
from M-1 to C-1 for property described as 34E 20, tax lots 1700 & 1800.
David
Atkinson, 29998 SE Currin Road, stated that they are contracting with
Kittleson & Associates to complete the needed traffic study.
They would like to have a continuation for written information for a
six-week period.
CP
stated that it is up to the Commission to decide if they want to grant this
extension request. CP explained
that if approved, anyone could submit written information during the 6 weeks,
ending March 26th, at 5:00 pm.
Then anyone could submit written rebuttal of any information submitted
during the six weeks during the following week, ending April 2nd,
at 5:00 pm. Then the applicant,
if they would like, could have 1 additional week for their final rebuttal.
David Atkinson said they would like the week for rebuttal.
CP stated that deadline would be April 9th, 5:00 pm.
Cm.
McGregor asked if the traffic study would be done based upon worst-case
scenarios. CP stated Kittleson is
an independent contractor and will do the traffic study based upon the highest
activity levels.
Cm.
Coyle asked if 6 weeks is enough time for ODOT to review the traffic study.
CP
stated that it might be enough time. He
stated that the applicant could ask for additional time, but the Commission
could evaluate the traffic study without ODOT's review or recommendation.
Cm. Coyle asked what would happen if ODOT disagreed with the decision.
CP stated they could appeal the decision.
Staff
stated that the next meeting will be April 26th, it will be for
deliberation only by the Planning Commission - no additional public testimony
will be taken. Staff will
re-advertise and send notification for the next meeting.
5.
ADJOURNMENT
The meeting was adjourned at 7:10 pm.