ESTACADA CITY HALL, COUNCIL CHAMBERS
475 SE MAIN STREET, ESTACADA, OREGON
MONDAY, AUGUST 14, 2006 - 7:00 PM
ALL 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.
Becky Arnold, Cr. Michele Conditt, Cr. Norm Ernst, Cr. Richard Hartwig, Cr. Kay
Nelson, Mayor Bob Austin, CM Randy Ealy, CR Denise Carey.
Absent: Cr.
Ben Erickson
CITIZEN AND COMMUNITY GROUP
COMMENTS
§
August Golden
Rake Award – Karen Hardman
Mayor Austin announced Karen Hardman as the August
Golden Rake Award recipient. Mayor
Austin also presented the council with a certificate of appreciation for the
City’s participation in the Relay for Life.
He also informed the council that the city had been recognized for the
many year of membership with City County Insurance Services.
Dennis Dahrens presented the design plan and
preliminary budget for the Estacada Veteran’s Memorial. He asked that the Council approve the design
and budget and to have the city sign the agreement needed for use of the
site. Mayor Austin stated that the
Council was in support of the use of the site as long as a few issues were
worked out with staff. CM Ealy stated
that the Memorandum of Understanding could be placed on the next council
agenda.
Phil Lingelbach distributed information regarding
the Estacada Hwy sign project funded with Tourism funds. He asked for help from the City for
installation of the signs. All signs
will be placed on private property and all but one owner has given their
permission for placing the sign.
CONSENT AGENDA
§
Approve July
24, 2006 Council minutes
§
Approve July
24, 2006 Workshop minutes
§
Resolution 2006
– 015 – A Resolution of the City of Estacada, Oregon calling a measure election
to submit to the electors of the City the question of annexation of 1 acre into
the city limits.
§
Resolution 2006
– 016 – A Resolution of the City of Estacada, Oregon calling a measure election
to submit to the electors of the City the question of annexation of 1 acre into
the city limits.
§
Intergovernmental
Agreement with Clackamas County – 4th St. Realignment
Cr.
Conditt moved to add the Intergovernmental Agreement with Clackamas County to
the consent agenda. Cr. Arnold seconded
the motion. The motion passed
unanimously.
Cr.
Arnold moved to approve the consent agenda.
Cr. Conditt seconded the motion.
The motion passed with 5 yes, 0 no and 1 abstention (Hartwig).
PUBLIC HEARINGS
2006-07 Supplemental Budget – Resolution 2006 – 014 – A Resolution adopting and appropriating funds for the supplemental budget for fiscal year 2006-2007.
Mayor Austin opened the public hearing.
CR Carey explained that there were a few water and
sewer projects not completed in the last budget year and a few that are going
to cost more than originally budgeted.
This supplemental budget will add these projects and costs to the
current 2006-07 budget. The council
heard a report at their July 10th meeting from Lead Plant Operator
Stone regarding the budget changes.
After asking for public input and receiving none,
Mayor Austin closed the public hearing.
Cr. Arnold moved to adopt Resolution 2006 – 014 – A
Resolution adopting and appropriating funds for the supplemental budget for
fiscal year 2006-2007. Cr. Hartwig
seconded the motion. The motion passed
unanimously.
Annexation Application 2006 – 05 – Lance Schlichter – 34E 17D Lot 100 (Wren Road): DRAFT – Resolution 2006 – 017 – A Resolution
of the City of Estacada, Oregon calling a measure election to submit to the
electors of the City the question of annexation of 29.47 acres into the city
limits.
Mayor Austin opened the pubic hearing and asked for
council to declare any ex-parte contact or conflict of interest. Cr. Hartwig stated he had helped the
applicant with the application by telling him where to pick it up. Mayor Austin asked if he had any further
knowledge or contact with the applicant and Cr. Hartwig stated he had not.
CM McCallister reviewed the Planning Commission
decision and recommendation to the City Council of approval with
conditions. CM explained the capacity
issue and the unanswered questions of how fast development will occur and when
will capacity be depleted. CM stated
that it is feasible to upgrade the plants to increase capacity but the money is
not available at this time. He stated
that what the council has to determine tonight is does the capacity exist. The Planning Commission felt that capacity
does exist to be able to annex this property.
Cr. Hartwig asked about the abatement of the house
that is on the property. Will the house
have to be removed within the 10 years to comply with the code? CP McCallister stated the house would have to
be moved.
Cr. Conditt asked if the zone is consistent with our
zoning and CP stated it was.
Cr. Nelson stated that CP McCallister recommended
denial of the annexation based on the capacity issue but the Planning
Commission felt otherwise. CP
McCallister stated he does not have a particularly strong professional issue on
this one way or the other, he just felt the issue needed to be discussed and
addressed. CP stated that the Curt
McLeod, City Engineer, testified that this annexation would be feasible at this
time.
Cr. Arnold asked about the applicant’s testimony at
the Planning Commission meeting stating they had no interest in developing at
this time and would not be requiring utilities in the near future. CP stated this is a question for the
applicant.
Mayor Austin stated that the rate of development is
hard to predict and only the future will show how fast these subdivisions will
develop. Cr. Conditt feels we need to
continue pushing for increased services to be ready for when growth does
happen.
Cr. Hartwig stated it has taken the city 100 hears
to have 850 water connections and he does not feel this additional need will
happen overnight.
Mayor Austin read the statement regarding evidence
and the right to appeal.
Lance Schlichter, 2365 Royal Oaks Drive, California,
representative of the Schlichter estate, addressed the Council’s questions and
concerns. He stated that they chose to
annex now because he felt it might take a few years or tries to get it
done. This application is not a
development proposal but he could foresee a couple of sewer hookups. He does not know what will happen in the
future with the land. If he envisioned a
use for the property, he would see a technological industry use.
Those opposing the application:
Mark Ellinger, 32310 SE Wren Road, concerned with the
rate Estacada is growing and is concerned that he may have to give property for
right of way purposes. He is concerned
with increased traffic and the timing of the project.
Ruth Lazott, 32000 SE Hinman Road, loves the country
and would hate to see the road have to be widened to serve increased
traffic. She loves to walk that road and
this would make it harder for her to use it for walking. She also asked if she would be required to
give up their wells and sewer systems to be part of the city. Mayor Austin stated that this application has
nothing to do with her property and they would not be required to hook up to
services.
Lillain Bellek, 32125 SE Hinman Road, does not like
the annexation and asked if only city residents would vote. Mayor Austin stated that only electors inside
the city limits would vote on the annexation issue.
Lance Schlichter stated that a road to service his
property would not take away any property from any other abutting property
owners but only from his property.
Being no further comments from the public, Mayor
Austin closed the public hearing.
Cr. Nelson moved to deny the application until the
city is sure there is sufficient water and sewer available. Cr. Hartwig seconded the motion. There was discussion whether Cr. Hartwig had
declared ex-parte contact. He stated he
would be abstaining from the vote and would pull his second of the motion for
this reason.
Cr. Conditt moved to approve the Planning Commission
recommendation and findings of Annexation application 2006 – 05 to approve with
conditions. Cr. Ernst seconded the
motion. Mayor Austin feels the capacity
issue will not need to be addressed in the near future but plans should be made
to prepare for the future developments.
Cr. Hartwig stated this annexation will not hurt the city at all and
that adjoining properties were currently annexed abutting his property and do
not plan to develop at this time. Cr.
Nelson is concerned that an island is being created and may be forced to annex
at some time. Cr. Conditt feels the time
to determine capacity is when there is a development application for the
property. Roll call vote: Cr. Arnold-yes, Cr. Conditt-yes, Cr.
Ernst-yes, Cr. Hartwig-abstain, Cr. Nelson-no, Mayor Austin-yes. The motion passed with 4 yes, 1 no and 1
abstention.
Cr. Conditt moved to adopt Resolution 2006 – 017 – A
Resolution of the City of Estacada, Oregon calling a measure election to submit
to the electors of the City the questions of annexation of 29.47 acres into the
City limits. Cr. Arnold seconded the
motion. The motion passed with 4 yes, 1
no (Nelson) and 1 abstention (Hartwig).
Planned Development Subdivision Application 2006 – 1
– Park Estacada LLC – 34E 20 Lot
500 (Cemetery Road)
Mayor Austin opened the public hearing and asked the
council if there was any ex-parte contact or conflicts of interest to
declare. There was none.
CP McCallister reviewed the Planning Commission
findings and recommendation of approval with conditions. CP explained a Planned Unit Development and
how the lot sizes can range in sizes and be even smaller than required in the
underlying zone. He also explained that
at least 20% of the development needs to be open space and meet certain
standards. This application meets this
requirement. Mayor Austin asked if park
SDCs would still be collected from these properties. CP McCallister stated that SDCs would still
be collected after verifying that answer with City Engineer McLeod. The traffic study gave the intersection at
Main and 6th as failing and a left turn lane for traffic going west
is proposed. The applicant will have
additional information tonight regarding this issue. CP showed the council the stub streets and
how they eventually will connect to other streets including a road proposed
through school district property to Cemetery Road. Mayor Austin stated the school board would
meet on Wednesday to decide on this issue.
Mayor Austin read the statement regarding evidence
and the right to appeal.
Mike Park, applicant, asked Bruce Goldson, Compass
Engineering, to answer questions regarding the application. Mr. Goldson addressed concerns regarding the
streets, lot sizes and setbacks. He
asked the council to reconsider the pathway that the Planning Commission
requested along the back of lots 225-230.
This path goes is a dead end and there are some topographical conditions
that would not make this pathway feasible.
He stated the storm water retention ponds would be used to reduce the
flow of water only during peak periods.
They will most likely be dry most of the time. He distributed and explained a handout
regarding the 6th and Main intersection (Exhibit P). He answered questions from the Council.
The Council discussed the request to remove the
trail along lots 225-230. They would
like to see the trail continue the length of the property unless absolutely
impossible because of topography. Mr.
Goldson stated there would almost have to be stairs to complete the trail. Cr. Conditt stated she had seen stairs before
and would not be in opposition of stairs.
Those opposing the application:
John Nieder, 24082 S. Dayhill Road, feels the
quality of life of the area would be compromised if this development were
allowed. He does not like the decreased
setbacks and yard sizes that are proposed in the development. These make extremely crowded conditions. He feels that Mr. Park is being greedy by
driving up the density of this development.
He asked the council to reject the plan and ask the applicant to go back
to the standard lot size and maintain the quality of life.
Bryan Simmons, 829 N. Broadway Street, stated that a
pond on school property was filled in but the water is coming back. He feels this will be a problem with a
proposed new road going in near this spot.
He also is concerned with the bus garage being so close to the proposed
condominiums because of the noise from the buses in the morning. He is also concerned about the traffic that
will come down Broadway past River Mill School.
Mr. Goldson stated that this is a planned unit
development and not a regular subdivision.
All the criteria addressed and met in the proposal.
CP McCallister stated the applicant does have to get
approval from State Lands and the Corp of Engineers for proposed wetlands. CP agrees that it may be a good idea to
delete the path behind lots 225-230 because the property to the north may not
be required to extend the pathway. CP
stated that if Mr. Park were to place a regular subdivision on this property
there could potentially be 308 lots with no open space required. CP stated that a planned unit development
allows a trade off because it offers the open space areas.
Cr. Arnold asked if there were any proposed ideas
for the commercial property. Mr. Goldson
stated there are no proposals at this time.
She also asked how fast this area would be developed. Mr. Goldson stated that it would take at
least a year to just get the plat recorded to be able to build houses. Mike Park stated his timeline depends on
interest rates and the economy so can’t really give a straight answer at this
time. Mr. Park stated that the
elimination of the pond on school property was done by Mr. Park’s contractors
but requested by Mr. Call, Superintendent of the school district.
Curt McLeod stated that park SDCs would be collected
for each lot. He also stated that the
level E service at 6th and Main is acceptable but should be
addressed. All these improvements are
SDC eligible. He feels the proposed
design is acceptable. Mr. McLeod also
stated that Broadway is being proposed to be 28’ paved curb to curb in a 40’
right of way.
PW Director Randall stated that Broadway at 6th
is a 40’ paved road curb to curb. The
proposal at this development is 28’ paved curb to curb.
Being no further questions or public comment, Mayor
Austin closed the public hearing.
Cr. Arnold moved to approve the Planning Commission
recommendation and findings of approval with conditions. Cr. Nelson seconded the motion. CM wants to be sure the school district is
aware of the pond issue when placing the road through their property. Roll call vote: Cr. Arnold-yes, Cr. Conditt-yes, Cr.
Ernst-yes, Cr. Hartwig-yes, Cr. Nelson-yes, Mayor Austin-yes. The motion passed with 6 yes and 0 no.
DEPARTMENT & COMMITTEE
REPORTS
City Manager - none
Mayor - none
COUNCIL BUSINESS
Charter
Review – Election Resolution – postponed until the next meeting.
Noise
Ordinance Discussion – postponed until the next meeting.
Intergovernmental
Agreement with Clackamas County – 4th St. Realignment – Approved in
the consent agenda.
CITIZEN AND COMMUNITY GROUP
COMMENTS
COUNCIL REPORTS &
COMMENTS
Cr.
Nelson stated that a crosswalk is needed across Wade Street near the new
library. CM stated this issue would be
addressed by the Infrastructure Committee at their next meeting.
ADJOURNMENT OF MEETING
The meeting was adjourned at 10:10 pm.