ESTACADA CITY COUNCIL MEETING MINUTES

ESTACADA CITY HALL, COUNCIL CHAMBERS

475 SE MAIN STREET, ESTACADA, OREGON

MONDAY, AUGUST 8, 2005 - 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. Becky Arnold, Cr. Ben Erickson, Cr. Kay Nelson, Cr. Richard Hartwig, Mayor Bob Austin, CM Randy Ealy, CR Denise Carey, CM Mike McCallister.

 

Absent:  Cr. Marli Stauffacher, Cr. Michele Conditt.                                           

 

CITIZEN AND COMMUNITY GROUP COMMENTS                                             

 

Jim Apicella, 1235 SW Lake Shore Drive – Mr. Apicella has delivered a petition with a lot of signatures regarding placing speed bumps on Lake Shore to CM Ealy.  This is a real safety issue and he would like the council to address it.

 

CONSENT AGENDA                                                                                      

*      Approve July 25, 2005 Council minutes

*      Liquor License Application – Hitchin Post Pizza

 

Cr. Arnold moved to approve the minutes.  Cr. Nelson seconded the motion.  The motion passed unanimously.

 

Cr. Arnold moved to recommend granting the Hitchin Post liquor license.  The motion died for lack of a second. 

 

Cr. Nelson moved to recommend denial of the liquor license because the applicant has had numerous violations in the past.  Cr. Hartwig seconded the motion.  The motion passed with 4 yes and 1 no (Arnold). 

 

PUBLIC HEARINGS                                                                                       

 

Street Vacation – Jared Colton – Ordinance Series of 2005, No. 1 An Ordinance by the Estacada City Council vacating a portion of Edgehill Drive.

 

Mayor Austin opened the public hearing that had been continued regarding the Edgehill Drive street vacation.  The council received letters from PGE and Cascade Utilities stating they would not object to the vacation as long as the utility easements remain in place. 

 

There was no public input so Mayor Austin closed the public hearing.

 

Cr. Arnold moved to approve the street vacation.  Cr. Nelson seconded the motion.  The motion passed unanimously.

 

CR Carey read Ordinance Series of 2005, No. 1 – An ordinance by the Estacada City Council vacating a portion of Edgehill Drive. 

 

Cr. Nelson moved to dispense with the second reading and read by title only.  Cr. Erickson seconded the motion.  The motion passed unanimously.

 

Cr. Carey read Ordinance Series 2005, No. 1 by title only.  

 

Cr. Nelson moved to approve Ordinance Series of 2005, No. 1 – An ordinance by the Estacada City Council vacating a portion of Edgehill Drive.  Cr. Hartwig seconded the motion.  The motion passed unanimously. 

 

Annexation application #2005-01 - Leroy Forman – Property east of Eagle Creek Road at River Mill Road. 

 

Mayor Austin opened the public hearing for Annexation Application #2005-01.  There was no ex-parte contact declared by the council. 

 

CP McCallister reviewed some of the major criteria used in the Planning Commission’s recommendation of approval with conditions.  The applicant has agreed to abate any non-conforming uses within the 10-year period allowed by city code.  CP explained Statewide Planning Goal 12 regarding transportation and the concerns of DLCD with the zone change.  The City’s Transportation Plan was never accepted by DLCD.  To address DLCD’s concerns, the council needs to acknowledge that the current Transportation Master Plan is adequate and addresses all the transportation needs for Goal 12. 

 

Cr. Arnold asked PWD Randall if the third water pump is still going to be installed as stated in his letter.  PWD Randall stated the pump is in this year’s budget and will be installed.

 

D.J. Bleu, representing the applicant, stated this is a complete application and that all the criteria have been met for the annexation. 

 

Marci Forman, on behalf of Leroy Forman trust, stated it has been a dream of Leroy Forman for many years and he would really like to see the annexation go forward and be voted on. 

 

Donna Walleart, 29755 SE Eagle Creek Road, would like to see the application move forward.

 

There were no further public comments so Mayor Austin closed the public hearing.

 

Cr. Hartwig moved to approve the Planning Commission findings and recommendation of approval with conditions for annexation application 2005–01.  Cr. Erickson seconded the motion.  The motion passed unanimously.

 

Annexation application #2005-02 - Robert & Juanita McLain, and Liz Meyers - Property located east of Cemetery Road, north of it’s intersection with Hill Way.  

 

Mayor Austin opened the public hearing.  The council declared no ex-parte contact. 

 

CP McCallister placed the following exhibits into the record received after the packet was distributed:

          Exhibit 7 – July 12, 2005 memo from Kittelson & Associates, Inc.

          Exhibit 8 – July 22, 2005 letter from ODOT

          Exhibit 9 – August 1, 2005 letter from Don Oakley

          Exhibit 10 – August 8, 2005 letter from ODOT

          Exhibit 11 – August 6, 2005 letter from Sagar Onta, Kittelson & Associates

          Exhibit 12 – Proposed Supplement Transportation Planning Rule Findings

 

CP McCallister reviewed the Planning Commission recommendation and findings to approve this annexation with conditions.  The transportation issue is the same as the previous application but this applicant has provided a detailed traffic study that ODOT does concur with.  CP McCallister has reviewed some proposed findings submitted by the applicant and he feels they specifically address concerns of DLCD and he agrees to incorporate these findings into the final order if the council agrees. 

 

Robert McLain, applicant, would like to refer the council to Don Oakley.

 

Don Oakley, representing the applicant, reviewed the proposed annexation. 

 

Steve Mueller, 25404 S. McQueen Road, is excited about this proposal and feels this will be a great development for the city.

 

Phil Florke, 22255 Cadanou Road, asked what the city was going to do about the required necessity for police and fire protection?  Mayor Austin stated that the needs of these agencies would be addressed at the time of development.

 

Don Oakley commented on the police and fire concerns.

 

Being no further testimony, Mayor Austin closed the public hearing.

 

Cr. Hartwig moved to accept the Planning Commission findings and recommendation to approve annexation application #2005-02 with conditions and to add the proposed supplemental findings in Exhibit 12.  Cr. Arnold seconded the motion.  Roll call vote:  Cr. Arnold-yes, Cr. Nelson-yes, Cr. Erickson-yes, Cr. Hartwig-yes, Mayor Austin-yes.  The motion passed unanimously.

 

DEPARTMENT & COMMITTEE REPORTS                            

 

City Manager stated there would be a work session on the comp plan on August 29th at 6:00 pm. in the Council chambers.  CM asked the councilors to review a draft list of topics for the August 20th planning session and rank them in importance and return to him.  The Estacada Tourism Group is very active and will be applying for a $30,000 grant.  There will be a public meeting on August 9th at City Hall at 7:00 pm where public input would be welcomed regarding the uses of the grant. 

 

Mayor Austin commented on the current legislative session.  Mayor Austin apologized for his enthusiastic approach to the library SDC issue at the last meeting if he offended anyone. 

 

COUNCIL BUSINESS                                                                                                        

 

CITIZEN AND COMMUNITY GROUP COMMENTS                                                       

 

Phil Florke, 22255 S. Cadanou Road, would like to see the charter changed to have the municipal judge be an elected position, not an appointed one.  He feels Dave Kushner was discharged unlawfully and that the only way a judge can be hired and fired in Oregon is by election.   

 

COUNCIL REPORTS & COMMENTS                                                                 

 

Cr. Erickson congratulated the Arts Commission for this year’s summer celebration – there was a great turnout.  Cr. Erickson would like to move on with an update to the transportation plan to clear up any problems with DLCD.  He also wanted to remind everyone the city is still working on the skate park at Wade Creek Park.

 

Cr. Arnold attended the Parks & Recreation Commission meeting and they are very ready to go with the Wade Creek Park development.  Their first goal is to obtain the money to master plan the park.

 

Cr. Hartwig commented that Don Oakley has been great to work with and is very prepared.  There will be a Public Safety Committee meeting at 6:00 pm, Wednesday, August 10th at City Hall.  Cr. Hartwig stated there have been a very loud motorcycle and a couple of loud scooters during the night.  He would like to know what could be done about this, maybe addressing a curfew ordinance and confiscating them at night. 

 

ADJOURNMENT OF MEETING

 

          The meeting was adjourned at 8:45 pm.