ESTACADA CITY HALL, COUNCIL CHAMBERS
475 SE MAIN STREET, ESTACADA, OREGON
MONDAY, NOVEMBER 22, 2004 - 7:00 PM
CALL TO ORDER BY PRESIDING
OFFICER
The
meeting was called to order at 7:00 pm.
Mayor Austin led the pledge of allegiance.
Present: Cr. Marli Stauffacher, Cr. Cliff
Atkinson, Cr. Michele Conditt, Cr. Becky
Arnold, Cr. Cliff Gavic, Mayor Robert Austin, CM Randy Ealy, CA Andrew Cole, CP
Mike McCallister, CR Denise Carey.
Absent: Cr. Ben Erickson.
CITIZEN AND COMMUNITY GROUP
COMMENTS
November Citizen of the Month – Jeff & Julie
Owens, Farmer’s Market
November Golden Rake Award – Randy & Teri Smart
Mayor Austin announced the November Citizen of the Month and Golden Rake Award winners.
Don Oakley, Cascade Communities, purchased 60 acres of property approved for a subdivision known as Woodbridge Acres and they are now beginning to do work on Phase 1 of the project consisting of 17 lots. Any additional development would require fire flow at the higher elevation. There should be platted lots by March and homebuilding will begin shortly after that. The previous subdivision was approved along with two extensions that expire in July. Mr. Oakley will be bringing in a new plat map for approval at the beginning of the year for the remaining 55 acres.
Steve Kuziemski, 35625 SE Squaw Mtn. Road, is in support of Judge Kushner. He asked how people not elected could make a decision. The judge lives in the community and he feels this is a railroad job on this man. Mayor Austin stated that the interview and selection committee is only making a recommendation but the council will decide.
Linda Algar commented that David Kushner was her landlord, friend and mentor and she has never met anyone with higher standards and a better understanding of the law. She feels he is highly qualified for this job and should retain the position.
Robert Algar commented that his understanding is that the judge’s decisions were not what the council wanted them to be. He does not want to see the council to try to change the law into what they want it to be because this is against federal law. Mayor Austin stated that the council is not looking to change any laws but that the council had requested that all contractual positions be reviewed and this is just one of many going through the review process.
Nina Hamilton, 27726 SW Hwy 211, commented that she has appeared before Judge Kushner twice and he has been very fair. She does not feel the person that is being recommended is even close to being as qualified as Judge Kushner.
CONSENT AGENDA
Approve
November 8, 2004 Council minutes
Resolution 2004-19 – A Resolution adopting the SDC charges with inflation adjustments based on the ENR Index for the water, sanitary sewer, storm sewer and transportation systems.
Cr. Arnold moved to approve the November 8, 2004
Council minutes. Cr. Gavic seconded the
motion. The motion passed unanimously.
Curt McLeod, Curran-McLeod Engineering, reviewed the
inflation adjustment used to adjust the SDC fees as per council
resolution.
Cr.
Atkinson moved to approve Resolution 2004 – 10 - A Resolution adopting the SDC
charges with inflation adjustments based on the ENR Index for the water,
sanitary sewer, storm sewer and transportation systems. Cr. Arnold seconded the motion. The motion passed unanimously.
COUNCIL BUSINESS
Centennial Art Project Presentation – Suzanne Dinsdale, Estacada Area Arts Commission,
is here to present the centennial art project they are recommending. It will be funded by a $10,000 grant and the
city will donate labor and equipment.
The plan is to have it completed by May 2005 for the centennial
celebration.
Mimi Near, mosaic artist, is excited to develop this
glass mosaic fountain to be placed in front of city hall. She showed sketches of the fountain that will
depict the many things in and around Estacada.
The bench spiraling around the fountain represents the community and
people of Estacada and the ribbon along the bench represents the diversity of
the community.
Cr. Arnold moved to support the centennial art
project presented by Mimi Near and to support any grants that could be obtained
for funding of the project. Cr. Gavic
seconded the motion. The motion passed
unanimously.
Ballot Measure 37 – Discussion – CA Cole stated he has heard that there will be no
legal challenges to this measure so the council should enact an ordinance to
deal with the measure and the claims that could be submitted. CA reviewed the measure and what land use
regulations are affected and those that are not. Claims can begin December 3rd and
the city will have 180 days to deal with any claim. The state will be keeping track of all claims
and act as a clearinghouse. CP
McCallister stated that the county is also proceeding with trying to establish
a process before December 3rd.
The council decided to hold a special meeting on
Monday, November 29, 2004 at 6:00 pm to adopt a procedure for Ballot Measure 37
claims.
Municipal Court Judge Appointment – Cr. Stauffacher stated that the recommendation of
the committee was made on the information submitted by each applicant and the
interviews, not on the Judge’s decisions on his cases as suggested earlier
tonight.
Cr. Gavic is concerned with the background
experience of the people on the interview committee. Mayor Austin stated that there were two
councilors on the committee, Lt. Slaney, Traci Hovda, Court Clerk, and CM
Ealy. Cr. Gavic is concerned that these
people did not have the background to make this decision.
Cr. Arnold stated that with all the positions to be
reviewed and interviewed we could not hire a panel of lawyers to interview the
attorney or planners to interview the planner.
She respects Dave Kushner but sometimes change is better for the
community. Decisions can’t be made on
friendships or neighbors.
Mayor Austin stated that this council selected the
interview committee and they have come back with a recommendation for the
council’s consideration.
Cr. Conditt moved to accept the recommendation of
the committee to have the Mayor appoint Maryann Meaney as Municipal Judge. Cr. Stauffacher seconded the motion. Roll call vote: Cr. Stauffacher-yes, Cr. Atkinson-yes, Cr.
Conditt-yes, Cr. Gavic-no, Cr. Arnold-yes, Mayor Austin-yes. The motion passed with 5 yes and 1 no.
PUBLIC HEARING–Annexation/Comp
Plan Map Amendment/Zone Change (Leroy Forman)
Mayor Austin closed the meeting and opened the
public hearing and asked the council for any exparte contact. There was none.
CP McCallister reviewed both recommendations and findings
of the Planning Commission recommending denial of the annexation, comp plan map
amendment, and zone change.
Mayor Austin read a statement regarding evidence and
the right to appeal.
D.J. Bleu, representing applicant Leroy Forman,
stated that this boils down to three points.
1) He
distributed a summary of a City of Gresham economic study that he used as his
Economic Opportunity Analysis and he feels this study is applicable to
Estacada.
2) The
transportation analysis is very thorough and they didn’t do a long-term
analysis as stated but feels that 224 will fail if everything is built
out. He stated his study only needs to
look at things for three years out.
3) The need
is here for more R2 land (medium density housing). They are reducing industrial land acreage but
are supplying a need for affordable housing.
Estacada needs an employee base and this would supply that.
Cr. Conditt asked about the livability issue being
situated in the middle of a light industrial zone. Mr. Bleu stated there are already many homes
in the area that would also be affected if it would develop industrial.
Mr. Bleu stated that the auto body shop would be
abated when the time comes.
Cr. Conditt asked if there is an EOA for this area
instead of the City of Gresham one that was submitted? CP McCallister stated there were no detailed
studies for this area to his knowledge.
Mayor Austin asked for public comment in favor, in
opposition or neutral to the application.
There was none.
Mr. Bleu encouraged the council to approve the
application and make appropriate map adjustments as needed.
Mayor Austin closed the public hearing.
Cr. Atkinson moved to deny the application. Cr. Conditt seconded the motion. Cr. Atkinson agrees with much of what is
wanted in this application but feels he has not addressed some of the major
issues at this time. Cr. Arnold agrees
with Cr. Atkinson in that she sees a real need of what the applicant is asking
for. Cr. Conditt encouraged the
applicant that she did review all the material completely but that there are a
lot of things missing to make the application complete, such as the EOA study
that was submitted. Mayor Austin agrees
there needs to be more affordable housing but the timing is just not right at
this time.
Roll call vote:
Cr. Stauffacher-yes, Cr. Atkinson-yes, Cr. Conditt-yes, Cr. Arnold-yes,
Cr. Gavic-yes, Mayor Austin-yes. The
motion passed unanimously to deny the application.
DEPARTMENT & COMMITTEE
REPORTS
City
Manager commented on current population figures. He also commented on some election statistics
and voter turnout. The district library
operating levy was defeated and there are a lot of meetings coming up to look
at options for next year. There will be another
meeting regarding the comp plan amendment scheduled on December 16th. The Skate Park Leadership Group has also
recommended the Valberg site as a site for a skate park. This presentation will come to the council in
their December meeting.
CITIZEN AND COMMUNITY GROUP
COMMENTS
Sandra Kuziemski, 35625 SE Squaw Mtn. Road, stated that the council commented earlier that the council is here to vote in behalf of the people and there was a roomful of people here supporting the judge and they voted to the contrary. She is going to do everything that she can do to change this.
COUNCIL REPORTS &
COMMENTS
Cr. Atkinson thanked everyone for showing up and for
their opinions. He stated he is fully
confident in the committee that was selected by the council for this task and
thanked them for all their work. Cr.
Atkinson is looking forward to the December 16th meeting on the comp
plan. He also would like to see progress
on hiring an assistant for CM Ealy for grant writing and other issues.
Cr. Conditt stated that she reported about the
library building progress at the Chamber meeting. They hope to break ground in Spring 2005 and
building up by 2006. Sunshine Day Care –
three agencies partnering to reopen this establishment. She also reminded staff to work on gas tax
study and to give an update on the Girl Scout project. Cr. Conditt stated that all the decisions
they have to make are not easy and she has all the confidence in staff and
their work. Change is good but it isn’t
always easy.
Cr. Arnold commented on the skate park issue and asked council if there is any particular information they would like to have at the meeting to please contact either staff or herself.
Cr. Gavic stands on his decision regarding the Judge
and he finds it interesting in how the words change is good is thrown
around. He wants everyone to move
forward.
Mayor Austin stated that there are difficult
decisions to make but feels the process used for selecting the judge was a fine
process and the right decision was made for the citizens of the community.
EXECTUTIVE SESSION – O.R.S.
192.660 (2)(i) – City Manager Evaluation
Mayor Austin announced that the council would
adjourn into executive session under ORS 192.660(2)(i) – to review and evaluate
the City Manager. He asked everyone to
leave the room except those representing the media. He advised the media representatives that
they couldn’t report the contents of the executive session.
Council members in attendance, CA Cole, CM Ealy, CR
Carey and Clinton Vining of the Clackamas County News were present.
The council returned to regular session.
Cr. Arnold stated that the City Manager has
accomplished a great deal and has done a tremendous job for this city. She moved to grant a raise of 6.5%. Cr. Stauffacher seconded the motion. The motion passed with 5 yes and 1 no
(Gavic).
ADJOURNMENT OF MEETING
The meeting was adjourned at 10:00 pm.