ESTACADA CITY HALL, COUNCIL CHAMBERS
475 SE MAIN STREET, ESTACADA, OREGON
MONDAY, JULY 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. Cliff Atkinson, Cr. Cliff Gavic, Cr.
Marli Stauffacher, Cr. Michele Cheshier, Cr. Ben Erickson, Mayor Bob Austin, CM
Randy Ealy, CR Denise Carey, CP Mike McCallister, CA Andrew Cole.
Absent: Cr. Becky Arnold.
CITIZEN AND COMMUNITY GROUP
COMMENTS
Mayor Austin presented Roger & Nancy Crosby with
the July Citizen of the Month award for their volunteer work at the resource
center. He also awarded the July Golden
Rake Award to Karen McCarty.
Marsha Moody, Estacada Ms. Moody stated that she
feels the Big Stink concert held in Estacada promotes drugs to kids. She objects to the names of the band and does
not feel this is the type of venue that Estacada should promote.
CONSENT AGENDA
Approve
July 14, 2003 Workshop and Council minutes
Cr. Atkinson moved
to approve the consent agenda. Cr.
Stauffacher seconded the motion. The
motion passed unanimously.
PUBLIC HEARING ZONE
CHANGE 2003 1 PAT PEMBERTON/JASON GUTHU
Mayor Austin opened the public hearing and asked
council to declare any ex-parte contact or conflict of interest. There was none.
CA Cole read the statement regarding evidence and
the right to appeal.
CP McCallister reviewed the Planning Commission
findings and recommendation to deny the Comprehensive Plan map amendment and
zone change. He informed the council
that their options tonight are to approve the application, deny the application
or approve the application with conditions.
Mayor Austin asked about the availability of
residential property and if the acreage in the findings are accurate. CP McCallister stated that the figures are
from the comprehensive plan and these figures may be different in reality.
Jason Guthu, applicant Mr. Guthu stated that he
employs 17 people and purchased the property for an office for his
business. Employees are dispatched out
of their homes and drive company vans home and leave from there. They have outgrown their current office on 4th
Avenue and would like to expand their business in Estacada.
Cr. Cheshier asked if the location would be used for
storage. Mr. Guthu stated that vehicles
would not be stored there. She also
asked if there was any retail sold out of their business. He stated that the only retail would be if
True Value does not have something, sometimes they will send people to see if
Cascade Mechanical has it.
Mayor Austin asked for those to speak in favor of
the application.
Danny Scott, 20664 SE Norse Avenue, Eagle Creek
Mr. Scott stated that the comprehensive plan is way outdated and feels it would
be very hard to meet the outdated criteria.
He stated that small businesses are very important to this town. Pat and Jason have been very good neighbors
in this community and he would hate to see them leave for lack of opportunity
to grow.
Mike Call, 26993 S Kinzy Road Mr. Call stated he
is not present at the direction or request of the school board. He stated that Cascade Mechanical has been a
very good partner with the school district.
They are very fair and prompt and are good neighbors and businessmen. He also stated that the heaviest user, by
far, of 10th Street is the school district and their buses. He feels this use of the property could work
with the school district next door.
CB Stauffacher, 270 NW 10th Avenue Mr.
Stauffacher echoed Mr. Calls comments.
He does not feel the traffic would be an issue for this business. He also feels the city should work with the
school district to open up the Broadway Street access and this would solve the
traffic issue. He also believes that
Cascade Mechanical has discussed the dedication of land to give enough right of
way to expand Broadway to the new ball fields past the bus garage. He would encourage the council to approve the
application with the condition that the applicant dedicate enough land to make
the Broadway right of way workable.
Mayor Austin asked for those to speak against the
application.
Duaine Hodsdon, 111 NW 10th Avenue Mr.
Hodsdon stated that if the property is changed to C1 the land would be subject to
all C1 zoning applications. He also
stated that his property values have decreased ever since the last business was
there. He also feels that the
application was deceiving when they stated the lot was empty because he feels
they had already placed some things on the lot.
As far as traffic impact, it may not be an issue with this business but
if they sell it and it turns into something else there could be a traffic
problem.
Jerry Hodsdon, 111 NW 10th Avenue Ms.
Hodsdon stated that she moved here in 1996 when there was a storage unit on
this property. During this time they had
to live with the noise of machines, including tractors. This lot is totally surrounded by homes and
the school with the Laundromat on the corner.
If this is approved the city may lose residents.
Mayor Austin asked for anyone to speak that is
neutral on the application. There was
none.
Jason Guthu, applicant Mr. Guthu stated that Mr.
Hodsdon petitioned the tax assessor for his property value to be reduced. Mr. Guthu also stated that when they bought the property they had to clean up a
tremendous amount of refuse left from the previous business.
Cr. Erickson asked staff if a conditional use could
be applied for to house this business.
CP McCallister stated that the only allowances for a conditional use in
an R1 that may be similar to this proposal is for professional offices or
medical facilities. It would be a
stretch to consider this business one of these.
Cr. Atkinson asked if the council can change this to
a C2 zone change application. CP
McCallister stated that if this change was made, the public hearing should be
continued and notice should be mailed stating the change.
CM Ealy asked CP McCallister if all but one state
planning goal had been met. CP McCallister
stated that this was correct. Nine out
of ten state planning goals are met with this application but that it is the
more specific comp plan goals that have not been satisfied.
CP McCallister stated that the language for false
information stated by Mr. Hodsdon is for the conditional use application
process, not this process. He also
stated that property values are generally not a consideration in land use
applications. The compatibility of a
zone is a consideration.
Cr. Cheshier asked if the applicant was willing to
dedicate property to expand Broadway Street.
CA Cole stated that this was not something to attach to the property at
this time. He also stated that the council
should not consider individual uses but the zone only and the uses as a
whole.
Cr. Cheshier moved to close the public hearing. Cr. Atkinson seconded the motion. The motion passed unanimously.
Cr. Cheshier moved to approve the zone change
application based on being consistent with chapters and goals 1, 9, 10 and 11
of the Comprehensive Plan and based on the transportation study by
Kittleson. Cr. Atkinson seconded the
motion. Cr. Erickson stated he cannot
support an outright commercial use at this location although he would like to
see this business expand and stay in the community. He wants to support the findings of the
Planning Commission. Mayor Austin stated
that it is very apparent that the comp plan is outdated and contains inaccurate
information and the council is working at making changes to that comp plan and
improving the information contained in it.
Cr. Atkinson has weighed this application and feels the city is
struggling because the comp plan is so outdated and it is restricting the
growth of Estacada. He feels that the
transportation issue has been addressed and that the traffic from the buses is
far more disruptive than the commercial use would create. Roll call vote: Cr. Atkinson-yes, Cr. Cheshier-yes, Cr.
Erickson-no, Cr. Gavic-no, Cr. Stauffacher-yes, Mayor Austin-yes. The motion passed with 4 yes and 2 no.
DEPARTMENT & COMMITTEE
REPORTS
City Manager CM stated that PGE has awarded a grant to the city for half of the remaining cost of the park master plan. The Library Task Force will be meeting tomorrow morning to discuss creating a library district. He also reviewed discussion from the LNIB meeting regarding library funding. Public works is soliciting bids for improving the looks of city hall by pressure washing and treating the roof. CM also circulated a handout for Saturdays retreat.
COUNCIL BUSINESS
Ordinance Series
of 2003, No. 6 An Ordinance prohibiting unlawful conduct on city property and
the enforcement thereof - CR gave the first reading of Ordinance
Series of 2003, No. 6.
Ordinance Series of 2003, No. 7 An Ordinance
relating to the abatement of chronic nuisance properties, adding a new chapter
to the Estacada Municipal Code, 8.16
Dep. Manley gave a power point presentation regarding the county nuisance
ordinance and answered questions from council and staff. The council would like to adopt the county
ordinance. Staff will revise the
ordinance to adopt the county ordinance and then a second ordinance for city
nuisances separate from the county ordinance.
School District Ball fields MOU The Council would like a joint meeting with the
School Board scheduled to discuss a Memorandum of Understanding regarding the
ball fields. Staff will prepare a MOU
and schedule a meeting for the council and school board to review the
agreement.
CITIZEN AND COMMUNITY GROUP
COMMENTS
COUNCIL REPORTS &
COMMENTS
Cr. Cheshier commented that the Summer Celebration was wonderful this weekend.
Cr. Atkinson stated that the placement of bus stops
need to be examined, especially the one on Main Street hill. He also stated that tonight is an example
that this council supports business.
Cr. Stauffacher agreed that the Summer Celebration
was very successful.
Cr. Erickson stated that the county recorded parts
of the Summer Celebration that will be shown at a future date. He thanked the Arts Commission and all the
performers for the excellent event.
Cr. Gavic stated that the Summer Celebration was
very exciting. He also asked about PGE
moving the boat launch. CM stated he had
not heard anything further regarding this.
Mayor Austin thanked the council for their
discussion regarding the zone change and evaluating all the information.
ADJOURNMENT OF MEETING
The meeting was adjourned at 9:30 pm.