ESTACADA CITY HALL, COUNCIL CHAMBERS
475 SE MAIN STREET, ESTACADA, OREGON
MONDAY, APRIL 28, 2003 - 7:00 PM
CALL TO ORDER BY PRESIDING
OFFICER
The
meeting was called to order at 7:00 pm.
Mayor Austin led in the pledge of allegiance.
Present: Cr. Marli Stauffacher, Cr. Cliff Atkinson,
Cr. Michele Cheshier, Cr. Ben Erickson, Cr. Cliff Gavic, Mayor Bob Austin, CA
Andrew Cole, CM Randy Ealy, CR Denise Carey.
Absent: Cr. Becky Arnold.
CITIZEN AND COMMUNITY GROUP
COMMENTS
Mayor
Austin presented Leo & Shirley Lippincott with the April Golden Rake Award
and John McAdoo with the April Citizen of the Month Award for organizing a
support the troops rally.
Mr.
McAdoo also announced the National Day of Prayer on May 1, 2003. There will be a gathering at noon at City
Hall.
Keppie
Keplinger introduced David Fisher, the new CCN editor.
Dianna
Turk, 30095 SE Cemetery Road Ms. Turk asked that the loitering ordinance be
discussed and reconsidered. She is
concerned about selective enforcement and feels there are already laws on the
books that can be enforced to address the problems.
Josh
Bierman Mr. Bierman stated that he plans to have table of crafts at the
upcoming timber show to benefit low-income families in the community. He wants to help others that are
struggling. He also would like the
council to reconsider the loitering ordinance although he understands the concerns.
CONSENT AGENDA
Approve
April 14, 2003 Workshop and Regular Council minutes
Proclamation
Day of Prayer
Mayor Austin read a proclamation establishing May 1st
as a day of prayer in Estacada. Cr.
Atkinson moved to adopt the consent agenda.
Cr. Erickson seconded the motion.
The motion passed unanimously.
DEPARTMENT & COMMITTEE
REPORTS
Clackamas
County Sheriffs Report Dep.
Smith introduced himself and briefed the council on the success of the countys
chronic nuisance ordinance.
City
Manager CM Ealy stated that
Dianna Turk and the other Parks & Recreation Commission members organized a
great cleanup day of the pond property on Saturday. There were approximately 30 volunteers that showed up and the
area looks fantastic.
CM
Ealy reviewed the information included in the packet.
COUNCIL BUSINESS
SECOND READING - Ordinance Series of 2003, No. 2 An ordinance prohibiting loitering and the enforcement thereof.
CR Carey read Ordinance Series of 2003, No. 2 An
Ordinance prohibiting loitering and the enforcement thereof.
Cr. Atkinson moved to adopt Ordinance Series of
2003, No. 2 An Ordinance prohibiting loitering and the enforcement
thereof. Cr. Erickson seconded the
motion. The council commented and
discussed the ordinance. Roll call
vote: Cr. Stauffacher-yes, Cr.
Atkinson-yes, Cr. Cheshier-yes, Cr. Gavic-yes, Cr. Erickson-yes, Mayor
Austin-yes. The motion passed with 6
yes and 0 no.
SECOND READING - Ordinance Series of 2003, No. 3 An ordinance amending Section
8.08.010(A) concerning the installation and use of portable toilet facilities.
CR Carey read Ordinance Series of 2003, No. 3 An
ordinance amending Section 8.08.010(A) concerning the installation and use of
portable toilet facilities.
Cr. Cheshier moved to adopt Ordinance Series of
2003, No. 3 An ordinance amending Section 8.08.010(A) concerning the
installation and use of portable toilet facilities. Cr. Stauffacher seconded the motion. The motion passed unanimously.
SECOND READING - Ordinance Series of 2003, No. 4 An ordinance amending Sections
8.08.010, 8.08.050, and 8.08.090 and repealing Section 8.08.080 of the Estacada
Municipal Code relating to public nuisances.
CR Carey read Ordinance Series of 2003, No. 4 An
ordinance amending Sections 8.08.010, 8.08.050, and 8.08.090 and repealing
Section 8.08.080 of the Estacada Municipal Code relating to public nuisances.
Cr. Atkinson moved to approve Ordinance Series of
2003, No. 4 An ordinance amending Sections 8.08.010, 8.08.050, and 8.08.090
and repealing Section 8.08.080 of the Estacada Municipal Code relating to
public nuisances. Cr. Stauffacher
seconded the motion. The motion passed
unanimously.
PUBLIC HEARING System
Development Charges
Mayor Austin opened the public hearing regarding
system development charges.
Curt McLeod, Curran-McLeod, Inc., gave a brief
overview of what a system development charge is and why costs and charges are
being changed for the City of Estacada.
He went over the changes to each system CIP list and SDC charge in
detail. Cr. Atkinson would like to know
where the 32% eligible costs came from for the storm drain SDC eligible
charge. Mr. McLeod stated he could
research the methodology of this charge and evaluate what it was based on.
Resolution 2003 9 A resolution adopting revised CIP lists and SDC charges for the water, sanitary sewer, storm sewer, transportation and parks & recreation systems.
The council would like to get the information from
Mr. McLeod regarding the percentage before adopting the resolution. The resolution will be placed on the next
agenda.
Dianna Turk, 30095 SE Cemetery Road Ms. Turk asked
if the new parks master plan adoption needs to go through the 90 day
notice. Mr. McLeod stated that it would
need to go through the process of 90 days notice before pubic hearing.
Mayor Austin closed the public hearing.
CITIZEN AND COMMUNITY GROUP
COMMENTS
EXECUTIVE SESSION ORS
192.660(1)(e)
Mayor Austin stated the purpose of the executive session is to deliberate real property transactions. Mayor Austin identified ORS 192.660 (1)(e) as authority for the executive session. He also stated that representatives of the news media shall be allowed to attend and all other members of the audience were asked to leave the room. He stated that representatives of the news media are specifically directed not to report on any of the deliberations during the executive session, except to state the general subject of the session as previously announced.
David Fisher, Clackamas County News, was present along with the councilors and staff listed above as present.
The council came back into open session.
Cr. Cheshier moved to direct CA Cole to negotiate
for property for the 4th Street realignment project and adjacent
property to the pond on Wade Street.
Cr. Stauffacher seconded the motion.
The motion passed unanimously.
EXECUTIVE SESSION ORS
192.660(1)(h)
Mayor Austin stated the purpose of the executive session is to consult with counsel with regard to current litigation or litigation likely to be filed. Mayor Austin identified ORS 192.660 (1)(h) as authority for the executive session. He also stated that representatives of the news media shall be allowed to attend and all other members of the audience were asked to leave the room. He stated that representatives of the news media are specifically directed not to report on any of the deliberations during the executive session, except to state the general subject of the session as previously announced.
David Fisher, Clackamas County News, was present along with the councilors and staff listed above as present.
The council came back into open session.
Cr. Atkinson moved to authorize CA Cole to proceed
with legal proceedings with code enforcement on the McCrae Motel property and
foreclosure on a property in the Espinosa LID.
Cr. Erickson seconded the motion.
The motion passed unanimously.
COUNCIL REPORTS &
COMMENTS
Cr. Atkinson is concerned with the comments in the
Oregonian about loitering at the schools and feels we need to work to bring
back the Resource Officer in the school.
Cr. Cheshier thanked everyone for comments on the
loitering issue.
Mayor Austin updated the council on some recent
meetings he has attended.
ADJOURNMENT OF MEETING
The meeting was adjourned at 9:55 pm.