ESTACADA CITY HALL, COUNCIL CHAMBERS
475 SE MAIN STREET, ESTACADA, OREGON
MONDAY, FEBRUARY 24, 2003 - 7:00 PM
CALL TO ORDER BY PRESIDING
OFFICER
The meeting was opened at 7:00 pm. Mayor Austin led in the pledge of
allegiance.
Present: Cr.
Stauffacher, Cr. Atkinson, Cr. Cheshier, Cr. Arnold, Cr. Erickson, Mayor
Austin, CM Ealy, CR Carey.
Absent: Cr.
Gavic.
It was council consensus to add Resolution 2003-4 to
the agenda under council business.
CITIZEN
AND COMMUNITY GROUP COMMENTS
Mayor Austin presented the February Citizen of the
Month to M.V. Whitney for her work on city signage and the February Golden Rake
to Mildred Russell for her beautiful yard.
Nina Hamilton, 27724 S. Hwy 211 Ms. Hamilton would like the council to make a
decision regarding 2 hour parking on the side streets in the downtown
area. She would like the parking to be
unlimited on the side streets. She
would also like diagonal parking on at least one side of Main Street.
CONSENT
AGENDA
Approve February 10, 2003 Workshop and Council
minutes
Cr. Atkinson moved to approve the consent agenda. Cr. Arnold seconded the motion. The motion passed unanimously.
COUNCIL
BUSINESS
Micro Brewery Sampling Requirements PWS Strawn reviewed the information in his memo
regarding the brewpub and its BOD requirements. PWS stated that public works has followed the code and
resolutions of the council to develop the procedure for determining the level
of BODs for the brewpub by sampling the brewpub for the first month of business
and then re-sample on a yearly basis to determine the charge for any unusual
strength wastes. PWS stated he has
asked Mr. Johnson to build a sampling manhole where we will place a portable sampling
device in the manhole for 30 days. The
city would then average the readings out to determine the rate for the BOD
surcharge and also show if he is meeting the other requirements involved. The city will perform the testing at no
charge to the brewpub. PWS answered
questions from the council. Mayor
Austin asked if there were any alternatives other than the manhole. PWS stated he would be open to considering
other options as long as they allow the city to get the information they need.
Ken Johnson, 14075 Brandt Ave., Boring Mr. Johnson stated that the county only charges a
$1500/year permit fee if you are over the limit and they charge $.08 per pound
of BOD over their limits. Mr. Johnson
commented on the citys code and feels it has never been fully enforced. He stated that he knows there are several
businesses in town that is over the same threshold and wants the code to be
enforced evenly and fairly. Mr. Johnson
is OK with placing the manhole and being charged the $.50 if he is over the BOD
limit. But he feels there are other
businesses that have been allowed to operate without following the code. He would like a variance of the fee until
the city has a plan to have all businesses operating in compliance with the
code.
Cr. Atkinson asked PWS if there is anything in place to test other businesses. PWS Strawn stated that this is a brewpub and that there are no other businesses in town like his. He also said that most businesses were established before the present code was adopted and there is no provision in the code to make these existing businesses comply. The city does not have any way to test for compliance at this time. CA Cole stated that the city does not have a right to ask a non-conforming use to change things each time a new code is adopted.
Mrs. Johnson asked if a business here before the
code are allowed to discharge anything into the system? CA Cole stated that there is not a system
set up to test the non-conforming uses at this time and the city cannot require
them to place individual testing sites at their businesses. Mrs. Johnson stated that the reason for
rules is to offer a level of predictability to businesses coming into the area
and they should not be enforced arbitrarily.
ODOT Transportation Enhancement Grant Beverly Anderson reported on the grant submitted
to ODOT for improvements to the part of Hwy 224 going through Estacada. This
grant request includes money for signage, sidewalks, lighting and landscaped
medians. Ms. Anderson answered
questions from the council regarding details of the project.
Oregon Department of Forestry Grant - Ms. Anderson stated the city has received a grant
from the Oregon Department of Forestry to perform a street tree inventory of
the trees currently planted in the city.
An arborist would be hired to measure trees and evaluate the general
health of a tree. He would then present
a proper maintenance plan for the trees.
The grant is for $600 but the city would have to contribute matching
funds of $600.
Estacada Street Inventory PWS Strawn explained the information in the
packet regarding the street inventory.
The information rates each and every street in the city and provides an
amount it would cost to improve each street to be fully paved with curbs and
sidewalks. PWS stated the next step in
the process is to make the information known to the citizens.
Post Acknowledgement Plan Amendment- CM Ealy reviewed the staff report and staff
recommendation regarding this issue.
Staff is recommending that the city use a process known as Post
Acknowledgement Plan Amendment (PAPA) instead of the formal periodic review
process. The city would have to issue a
letter to DLCD stating this choice of review.
The benefit of using the PAPA process is that timelines are not so
rigorous. Cr. Atkinson moved to use the
Post Acknowledgement Plan Amendment process for periodic review. Cr. Erickson seconded the motion. The motion passed unanimously.
Urban Growth Boundary Expansion Request CA Ealy reviewed the information in his staff
report and the request for the urban growth boundary change. CA stated there would be costs associated
with the process and the council would have to determine who pays these
costs. This process is subject to LUBA
review. Cr. Atkinson commented that one
of the tasks of the Periodic Review Committee is to look at the urban growth
boundary and to recommend any changes needed to accommodate growth. He stated that maybe these two issues should
be combined and done at the same time.
CM is not asking for a decision of any kind tonight but to have a good
discussion about all the issues associated with this request. CM stated that the issues to look at is who
is going to pay for the procedure and when and how should we proceed with the
application.
Mike Park, 30725 SE Hwy 224 Mr. Park stated that the process for 49 acres is
faster than for properties over 50 acres.
He asked the city to initiate the process but Mr. Park will obligate
funds up to $5,000. Mr. Park asked that
the city fast track this process so the area will not loose anymore great
opportunities.
CA commented that there is a lack of large parcels
of industrial lands available statewide and the governor is interested in
putting things on the fast track to develop properties. CA will gather some information on this
issue and council would like it placed on the next agenda for further
discussion and implementation.
Transportation Maintenance Utility Fee (TMUF) Mayor Austin reviewed what the county has done so
far in the development of a transportation maintenance utility fee. The County Board of Commissioners would
adopt the ordinance establishing the fee and the city would collect the fees
from their users. The fees would be
cost-based. The ordinance to adopt the
concept would list what the funds could be used for mostly road maintenance
issues. Cr. Atkinson is concerned with
this fee because it is only charged to people in the city limits and not
everyone that use the city streets. He
would be all for a gas tax or something that everyone has to pay that uses the
streets. Mayor Austin will bring
information to the council on the $.01 gas tax implemented by the City of
Sandy.
Resolution 2003-4 A Resolution for the purpose of
transferring appropriations per ORS 294.450 CM Ealy reviewed the resolution and the need for the transfers.
Cr. Cheshier moved to adopt Resolution 2003-4 A
Resolution for the purpose of transferring appropriations per ORS 294.450. Cr. Atkinson seconded the motion. Roll call vote: Cr. Stauffacher-yes, Cr. Atkinson-yes, Cr. Cheshier-yes, Cr.
Arnold-yes, Cr. Erickson-yes, Mayor Austin-yes. The motion passed with 6 yes and 0 no.
CM Ealy also stated that PWS Strawn is recommending
the purchase of a pump in the sewer plant with funds from the sewer system
reserve. Cr. Atkinson moved to approve
the purchase of the pump with funds coming from the sewer reserve fund. Cr. Arnold seconded the motion. The motion passed unanimously.
DEPARTMENT
& COMMITTEE REPORTS
City Manager CM reviewed his written manager report. He reminded the council that they have a retreat on Saturday
morning from 8:00am to noon at The Viewpoint.
The council discussed the site for the Clackamas
cities dinner in March. They would like
to see menus from the Viewpoint, Community Center and Timberlake Job
Corps. They will discuss this at the
upcoming retreat.
CITIZEN
AND COMMUNITY GROUP COMMENTS
None.
COUNCIL
REPORTS & COMMENTS
Cr. Atkinson stated that his biggest problem with
the glass company is that they were told there was no land available and there
was. Cr. Atkinson also stated that
comments directed towards staff should be made to the City Manager and not
directly to the council through emails.
It is the City Managers job to deal with staff. Cr. Atkinson asked that lots available for
parking in the downtown core be investigated.
Cr. Cheshier stated that the Library Task Force
would like to be placed on the agenda on March 10th to discuss
architects for the project. She also
agrees with Cr. Atkinson to try to find parking areas for downtown.
Cr. Erickson thanked Beverly Anderson for the job
she has done for Estacada. He also
thanked Bill Strawn for his reports tonight clarifying issues.
Mayor Austin thanked everyone for coming.
ADJOURNMENT
OF MEETING
The meeting was adjourned at 10:00 pm.