ESTACADA CITY COUNCIL MEETING MINUTES

ESTACADA CITY HALL, COUNCIL CHAMBERS

475 SE MAIN STREET, ESTACADA, OREGON

MONDAY, JANUARY 14, 2008 7:00PM

 

CALL TO ORDER BY PRESIDING OFFICER                                                                

 

The meeting was called to order at 7:00pm.  Mayor Austin led in the pledge of allegiance. 

 

Present:  Cr. Michele Conditt, Cr. Becky Arnold, Cr. Brent Dodrill, Cr. Kay Nelson, Cr. Norm Ernst, Cr. Richard Hartwig, Mayor Bob Austin, CM Randy Ealy, CR Denise Carey, CP Mike McCallister.                                      

 

CITIZEN AND COMMUNITY GROUP COMMENTS                                                       

 

CONSENT AGENDA                                                                                      

§         Approve December 10, 2007 Council minutes

§         Commission & Committee Appointments

§         Legal Services Agreement

§         Proclamation – “School Board Recognition Month – January, 2008”

 

CR Carey stated Steve Scott has submitted an application for budget committee. 

 

Cr. Conditt moved to approve the consent agenda.  Cr. Ernst seconded the motion.  The motion passed with 6 yes and 1 abstention (Hartwig).

 

DEPARTMENT & COMMITTEE REPORTS                                                                  

 

Mayor Austin distributed and reviewed the State of the City information and his plans for the future of Estacada.  He is looking forward to finalizing the Comp Plan review and the Urban Renewal District.

 

Clackamas County Sheriff’s report – Lt. Slaney reviewed the November 2007 activity report.

 

PUBLIC HEARING – Ordinance Series of 2007, No. 006                                             

 

Mayor Austin closed the regular meeting and opened the public hearing to discuss Ordinance Series of 2007, No. 006 – An Ordinance deleting, amending, and adding sections of the Estacada Development Code to bring the code into consistency with the state Transportation Planning Rule (TPR) and other state, county and local Plans.

 

CP Mike McCallister gave a little background on how the ordinance came about and then briefly summarized the amendments to the ordinance section by section.  CP discussed the following policy issues with the council: 

§         Level of Service Standard – requires all new development to meet a certain transportation standard to be accepted – Level D is consistent with the TSP and is recommended.

§         New Concurrency Standard Ordinance – If Level D level of service is adopted, development will be denied unless there is planned improvements to fix the failing part of the intersection.  The city could forgive the service level as long as the planned improvements will be under construction within three years of the development.  It must be shown that the financing is there for the construction to begin within three years.

§         Bicycle parking – There is some discretionary decision making for this part of the ordinance.  Because of this, there should be a more formal review process and the right for someone to appeal the review for commercial, industrial and multi-family applications.  This can be done through the public works staff in conjunction with the planning staff to make a decision of approval or denial.  This decision would be sent to neighboring property owners and agencies and then could be repealed by the applicant, neighboring property owner or agency.  Another way would be to have the Planning Commission do it.  This is more burdensome and the Commission does not want to do this.  The staff decision could be repealed to the Planning Commission or a different body.  There would need to be another ordinance change to implement the procedure after the council has time to review their options.

§         The Transportation Planning Rule is a state law that is meant to implement Statewide Planning Goal 12 – Transportation.  The recommendation from ODOT was to include the state language in the code but CP McCallister does not feel the language should be included in the code because every time the language is changed, the code would have to be changed.  You have to comply with the rule anyway.

§         Zone Change criteria – Is the road system adequate for zone changes?  Are the planned road improvements in place to provide adequate transportation facilities to the area?  The improvements not only have to be in the CIP but they must be reasonably likely to be constructed and financed.  The proposed new language gives the council the flexibility to determine this.  An alternative way that would be more restrictive is to only look at projects in your 5 year CIP and not the 20 year CIP. 

§         Traffic Engineering Consultant/Review of Traffic Studies – At some point in time the city will need to have access to a traffic consultant to determine when the transportation system is adequate or not.  If there is a huge development application, the city would need an expert to review the transportation issues. 

CP McCallister answered questions from the council. 

 

Mayor Austin asked for comments from the public.  There was none.

 

Mayor Austin closed the public hearing and reopened the council meeting.

 

Cr. Conditt moved to adopt Ordinance Series of 2007, No. 006 – An Ordinance deleting, amending, and adding sections of the Estacada Development Code to bring the code into consistency with the State Transportation Planning Rule (TPR) and recently adopted Estacada Transportation System Plan.  Cr. Nelson seconded the motion.  The motion passed unanimously.

 

The second consideration of the ordinance will be at the next meeting.

 

Staff will work on the policy issues and bring further amendments back to the council for consideration.

 

COUNCIL BUSINESS                                                                                               

 

Code Compliance Report – Lance Weinard, Code Compliance Officer, reviewed the report using a power point presentation.  He showed before and after pictures of several properties that have came into compliance voluntarily.  The council thanked him for his work.

 

Water Rate Discussion – tabled until the next meeting.

 

Ordinance Series of 2007, No. 007 – An ordinance making it unlawful to possess graffiti implements, providing for their seizure and for penalties; and making graffiti an unlawful act. 

 

Cr. Nelson moved to not adopt Ordinance Series o f2007, No.  007 – An ordinance making it unlawful to possess graffiti implements, providing for their seizure and for penalties; and making graffiti an unlawful act.  Cr. Arnold seconded the motion.  The motion passed unanimously.

 

Solid Waste Franchise Agreement – Since the weather has turned bad, the mayor would like to adjourn early.  CM Ealy asked council to review the information in the packet and be ready to discuss the agreement at the next meeting and to contact him with any questions or comments.

 

CITIZENS AND COMMUNITY GROUP COMMENTS                                                     

 

Mike Park, 30725 SE Hwy 224, asked for clarification regarding Jamie Johnk’s EOA application.  He understands that it was denied but is still interested in pursuing it.  CM stated that the grant had been denied and there was nothing in the works at this time.  Mr. Park would like to keep this issue alive.

 

COUNCIL REPORTS & COMMENTS                                                                          

 

EXECUTIVE SESSION – ORS 192.660 (2)(e) – Real Property Transactions - postponed           

EXECUTIVE SESSION – ORS 192.660 (2)(i) – Evaluate City Manager        

 

Mayor Austin stated there was no need for this executive session since most councilors have already evaluated CM Ealy.  Discussion on pay will be done in regular session at the next meeting.                  

 

ADJOURNMENT OF MEETING

 

          The meeting was adjourned at 9:00 pm.