ESTACADA CITY HALL,
COUNCIL CHAMBERS
475 SE MAIN STREET,
ESTACADA, OREGON
MONDAY, AUGUST 12,
2002 - 7:00 PM
A. CALL TO ORDER
BY PRESIDING OFFICER
The meeting was
called to order at 7:00 pm. Cr. Butcher
led in the pledge of allegiance.
Present: Cr. Hartwig, Cr. Butcher, Cr. Troeh, Cr.
Atkinson, Cr. Gavic, CM Ealy, CR Carey,
CP McCallister.
Absent: Cr. Stauffacher, Mayor Austin.
B. CITIZEN AND COMMUNITY GROUP COMMENTS
Lisa Homan, Chamber of Commerce Ms. Homan stated
that the first gunfighters show on Broadway was very successful. She also presented a gift to CM Ealy for his
birthday.
C. CONSENT
AGENDA
1. Approve
July 22, 2002 Council minutes
Cr. Hartwig moved to approve the consent
agenda. Cr. Gavic seconded the
motion. The motion passed unanimously.
D. DEPARTMENT
& COMMITTEE REPORTS
City Manager
Report CM stated that tomorrow night CM Ealy and CR Carey will present a
workshop for candidates for council regarding duties involved. There is also a meeting on August 20th
at 7:00 pm regarding the downtown EID.
E. PUBLIC
HEARING
1. Annexation
Application 2002-1 Annexation to the City of Estacada of territory generally
on the north edge of Estacada city limits, 20.33 acres located southeast of the
intersection of Hwy 224 and River Mill Road, more particularly: a part of William Wade D.L.C. No. 39 and
being a part of section 17, T3S, R4E TL 502, 600 and 700, W.M., Clackamas
County, Oregon.
Cr. Butcher
closed the meeting and opened the public hearing for annexation application 2002-1.
CP McCallister
reviewed the application and the criteria for the annexation. He stated that the Planning Commission held a
public hearing on the annexation and recommended denial because of issues
regarding the abating of the ODOT property.
CP McCallister reviewed the staff report.
In regards to
abating the property to comply with zoning, there is a single-family
manufactured home on one lot that will be removed within 10 years or at the
time of development. There is currently
a gravel yard on the other lots and the council has three options: find that the use is an outright use, find it
is not an allowed use on the property but there is enough evidence that it will
be abated, find that the gravel yard is an accessory use when ODOT relocates
their administrative offices to these lots.
CP has recommended denial solely because of the abatement issue and the
Planning Commission also recommended denial because of this issue. If the Council approves the application,
there is a list of recommended conditions.
CP McCallister
stated that a letter from Mr. Imayoshi was added to the record.
CP McCallister
read a statement regarding evidence and the right to appeal.
Robert Taylor,
applicant Mr. Taylor stated that with regards to the abatement of the ODOT
property, he felt the use was an outright use in commercial zone. He also has been told by an ODOT official
that they would be moving their offices to the site in five years.
Cr. Atkinson
asked if the properties would be residential or commercial because of a home
builders sign on the property. Mr.
Taylor stated it was commercial and that the sign was just advertisement.
There was no
additional input in favor of or in opposition of the application.
Neutral:
Bill Barnhart,
ODOT ODOT does want the annexation of their property. The facility on 2nd is quite old
and needs to be replaced and they would like to move it out to the River Mill
site. Cr. Hartwig asked how wide the
easement was through the ODOT property?
Mr. Barnhart stated that the easement is 30 and showed the council
where this easement was situated on the property and spoke of concerns of it
being too close to the highway.
Cr. Troeh asked
if Mr. Barnhart felt the offices would be moved within the 10 years. He stated the plan was to do this but of
course they need to consider funding.
Bob Veley, 33700
SE Duus Road Mr. Veley reiterated the recommendation of the FAA for the
navigation easement as a condition of approval.
CP McCallister
stated that council also has the authority to approve the application in
part. They can approve the annexation
for one, two or all three properties.
Cr. Hartwig
asked Mr. Taylor asked if he would look to the city to fix his access
problem. Mr. Taylor stated he would take
care of this on his own and is still negotiating with ODOT on his access.
Cr. Troeh moved
to close the public hearing. Cr. Gavic
seconded the motion. The motion passed
unanimously.
Cr. Butcher
closed the public hearing and reopened the regular meeting.
Cr. Hartwig
moved to approve the application with conditions listed in the staff
report. Cr. Gavic seconded the
motion. Cr. Troeh stated that this is an
awkward situation because of the abatement issue and the access issue. Commercial property is needed but there are
some major issues with this application.
Roll call vote: Cr. Hartwig-yes,
Cr. Troeh-yes, Cr. Gavic-yes, Cr. Atkinson-no, Cr. Butcher-yes. The motion passed with four yes and 1 no.
F. COUNCIL
BUSINESS
Liquor
License Application New Outlet Enitel Communications Cr. Atkinson
moved to deny the liquor license. Cr.
Gavic seconded the motion. Cr. Atkinson
feels there are enough businesses selling liquor and he does not feel we need
anymore. Cr. Troeh feels the council
should leave the denial to the OLCC because we have approved numerous new
applications recently. The council
discussed the issue of approving applications.
CM Ealy asked if there was more information the council would like to
see when these are submitted. The
council would like to know why the city even reviews these if it is up to
OLCC. Roll call vote: Cr. Hartwig-no, Cr. Troeh-no, Cr.
Atkinson-yes, Cr. Gavic-no, Cr. Butcher-no, Mayor Austin-no. The motion fails with 1 yes and 5 no.
Mayor Austin
moved to recommend approval of the liquor license. Cr. Gavic seconded the motion. Roll call vote: Cr. Hartwig-yes, Cr. Troeh-yes, Cr.
Atkinson-no, Cr. Gavic-yes, Cr. Butcher-yes, Mayor Austin-yes. The motion passed with 5 yes and 1 no.
Periodic
Review Workgroup Appointment Mayor Austin appointed Robert Kowalewski to
the Periodic Review Workgroup with consent of the council.
Resolution
2002 No. 18 A Resolution authorizing the mayor and common council of the
City of Estacada to execute and endorse an agreement with Clackamas County
Department of Transportation and Development for database development CM Ealy explained the
agreement.
Cr. Troeh moved to adopt
Resolution 2002 No. 18 A Resolution authorizing the mayor and common council
of the City of Estacada to execute and endorse an agreement with Clackamas
County Department of Transportation and Development for database
development. Cr. Butcher seconded the
motion. Roll call vote: Cr. Hartwig-yes, Cr. Butcher-yes, Cr.
Troeh-yes, Cr. Gavic-yes, Cr. Atkinson-yes, Mayor Austin-yes. The motion passed with 6 yes and 0 no.
G. CITIZEN AND COMMUNITY GROUP COMMENTS
Dean Holden, 141 NE Pierce Mr. Holden stated that
the OLCC is very thorough with their investigations on people requesting liquor
licenses.
H. COUNCIL
REPORTS & COMMENTS
Cr. Troeh
attended the staff potluck this week and she enjoyed it and thanked staff for
inviting her. She also stated that on
Saturday, August 3rd the library task force took a tour of available
sites. She said it was very
interesting. The task force is a very
talented group and she hopes they will be able to come up with a good
recommendation to the council.
Cr. Gavic stated
that the gunfighters thing and the farmers market brought a lot of traffic to
the downtown merchants. Cr. Gavic stated
there will be an art gallery in Estacada and he wishes them lots of luck.
Cr. Atkinson
asked staff who maintains city parks. CM
Ealy stated that the city crew maintains city parks. Cr. Atkinson asked why a neighborhood
association is being billed for maintenance of a park. CM Ealy stated that when the park was deeded
to the city, the agreement was that the neighborhood association was to pay for
maintenance. Cr. Atkinson also asked
about the speed bumps to be placed on Shafford.
The neighborhood still wants them.
He also wants the city to actively work with PGE and ODOT regarding
issues that have been lingering and to get something done.
Cr. Hartwig thanked public works with help in
accessing the road blocking material. He
enjoyed the gunfighters show. He asked
everyone to get registered and vote. He
wished CM Ealy a happy birthday.
Cr. Butcher
thanked everyone for coming.
Mayor Austin
apologized for being late but his flight was delayed. He attended the mayors conference a couple
weeks ago and learned that a lot of cities are hurting for funds and he
appreciates the citys budget.
I. ADJOURNMENT
OF MEETING
The meeting
was adjourned at 8:20 pm.