475 SE MAIN STREET, ESTACADA, OREGON
MONDAY, FEBRUARY 11, 2008 - 7:00 PM
CALL
TO ORDER BY PRESIDING OFFICER
The meeting was called to
order at 7:00pm. Council President
Arnold led in the pledge of allegiance.
Present: Cr. Richard Hartwig, Cr. Norm Ernst, Cr. Kay
Nelson, Cr. Becky Arnold, Cr. Michele Conditt, Cr. Brent Dodrill, CM Randy
Ealy, CR Denise Carey.
Absent: Mayor Bob Austin.
CITIZEN
AND COMMUNITY GROUP COMMENTS
Dep. Pierce, Clackamas
County Sheriff, reviewed the December activity report.
CONSENT
AGENDA
§
OLCC Annual Liquor License Renewals
Cr. Nelson wondered if
there was an ordinance that could be put in place to deny establishments a
liquor license if they have a violation.
She would like staff to check with the city attorney to see what
authority we have. Cr. Conditt stated
that the authority is probably with the OLCC for suspending licenses but the
council could make a recommendation. Cr.
Dodrill moved to approve the consent agenda but to send a letter from the
Council expressing the concern of the violation of the Get & Go Store and
recommending an unfavorable recommendation for that establishment. Cr. Ernst seconded the motion. The motion passed unanimously.
COUNCIL
BUSINESS
Estacada Historic District
Presentation
Resolution 2008 002 A
Resolution approving the proposed withdrawal of territory from the Estacada
Library Service District and inclusion in the Clackamas
County Library Service
District
Dan Zinzer,
Cr. Dodrill moved to adopt
Resolution 2008 002 A Resolution approving the proposed withdrawal of
territory from the Estacada Library Service District and inclusion in the
Clackamas County Library Service District.
Cr. Ernst seconded the motion.
The motion was passed unanimously.
Library Strategic Plan Katinka Bryk, Interim
Library Director, reviewed the process used to create the strategic plan. Cr. Arnold stated that she felt a lot of
uneasiness regarding the document. She
would propose a workshop between the library board and the council to go over
the details of the plan. Cr. Nelson
stated she has a lot of the same concerns.
Ms. Bryk stated this is a long-range planning document and are goals
that will be strived for to create a great library. Cr. Dodrill was involved with creating the strategic
plan and stated that everyone is aware of the financial limitations and that
they will not be the ones that make any final decisions on staffing or
budgeting. There will be a March 10th
workshop at 6:00pm to review and discuss the plan.
Solid Waste Franchise Ordinance CM Ealy stated there is
one minor change from the last meeting and this is that both include a 5%
franchise fee. The providers will also
bring a rate schedule on all the services offered and the council will need to
decide what rates will be implemented at the time of the renewal. The county is also asking if the council
would be interested in an annual review of rates by the county as a whole
instead of the city reviewing the rates just for the city. The drafts will be sent to the two providers
and they will come back with comments at the next meeting where we will have
the first review and vote on the ordinance.
Cr. Ernst asked if the bonding and insurance is adequate for the length
of the 10 year contract. CM will ask the
association to review this and come back with a response.
DEPARTMENT
& COMMITTEE REPORTS
City Manager CM Ealy
reviewed a handout in packet regarding an effort to coordinate upcoming
activities and projects with town halls, etc.
PUBLIC
HEARINGS
Annexation Application
200702 Martin Karge
CP Hoelscher reviewed the
recommendation of approval from the Planning Commission to the City Council for
the annexation and the zone change.
President Arnold read the
statement regarding evidence and the right to appeal. She asked if there was anyone from the public
that wanted to speak on the application.
There was none.
President Arnold closed
the public hearing and opened the regular meeting.
Cr. Conditt moved to
approve Annexation Application 2007-02.
Cr. Hartwig seconded the motion.
The motion passed unanimously.
Planned Development
Subdivision Application 200702 Campanella Estates President Arnold closed
the meeting and opened the public hearing.
She asked if any of the council wanted to declare a conflict of interest
or ex-parte contact. There was none.
CP McCallister reviewed
the application and the recommendation from the Planning Commission to the City
Council to deny the modification of the subdivision. He reviewed the changes or modifications
proposed from the original subdivision application that was approved by the
council in 2006. The number of lots has
been increased from 265 to 303. There
was also commercial use proposed that has been deleted from the design. The applicant has proposed a four-phase
development over 10 years. The smallest lot size in original application was
3700 square feet and the new proposal has a minimum lot size of 4000 square
feet. CP stated that the C-1 zoning
district does not allow single family residences. Exhibit 6 in the packet shows how the
applicant determined the density calculation and CP stated he concurs with the calculations.
This calculation allows 308 lots. The
density is not exceeded.
CP stated that the criteria
for the Planned Development require that the development is consistent with the
Comprehensive Plan designation and zoning designation. The provisions to provide housing is
consistent but the 4 acres that is zoned general commercial is not consistent
if only houses are proposed. The plan
designation is to provide jobs for the area and this would not be done if all
the property was built residential. The
applicant has argued that there will be economic benefit through street
improvements and infrastructure. CP
stated any subdivision would do this but that these benefits are not the same
that would come from commercial development.
Staff and the Planning Commission felt the commercial property should
remain in the subdivision somewhere and was actually a good area for commercial
with one major collector and two minor collector roads available nearby. The property has all the components needed to
provide the commercial area land uses. He stated that if the council approves the
application they would have to say it was consistent with the Comprehensive
Plan and zoning designation.
CP discussed the traffic
study that warrants a couple of left turn lanes on Eagle Creek Road if the
speed remains 45 mph. Modified conditions in Exhibit 7 asked that the left turn
lanes be reviewed at the time of development and if the speed changes before
development that the lanes may not be warranted. CP agrees with this condition. He discussed
the street standards and how the roads meet or dont meet the criteria.
President Arnold read the
statement regarding evidence and the right to appeal.
Mike Park, applicant,
stated that he tried to market the property with the commercial area and it was
not marketable. All developers said that
the commercial needed to go away. After
this he had Alex Hurley with AKS Engineering prepare a new design. Mr. Hurley reviewed the proposed changes
smaller blocks, better planned open spaces, one storm drain area instead of
many, etc. He stated that the
residential is allowed in the Planned Development Code as an overlay of
commercial zone. He believes that this
does comply with the Comprehensive Plan criteria and zoning criteria.
Mike Park asked if there
were any questions. Cr. Conditt stated
she was under the impression that the Planned Development Unit was a great tool
for mixed uses and was excited to have both residential and commercial uses. Mr. Park stated that the property is not
saleable with the commercial area. Cr.
Hartwig asked if the stream will remain above ground. Mr. Hurley stated it would.
Cr. Dodrill asked what the
reasoning was for the 300 required between streets (block lengths). CP McCallister said it alleviates traffic
conflicts and helps pedestrian traffic.
Cr. Arnold stated that the
Comprehensive Plan is outdated but wants to be sure and address the needs for
the community. Mr. Park stated that
commercial land has higher values than residential and he wished it would work
but it just wont.
Cr. Dodrill asked when the
new Comprehensive Plan will be adopted.
CP McCallister stated there are still public hearings required and
acknowledgment by LCDC. CM Ealy stated
it would be about six months. CP stated
even though the plan is outdated, it is the plan that the council must
follow. CP stated that a zone change
application could be made to turn the commercial property to residential for
whatever reason. He stated that the
council must find that the application is consistent with the comprehensive
plan and zoning designation and allows for both residential and
commercial.
Cr. Conditt asked what
findings can the council use if they wish to support the application. CP stated that he would have to think on
that. Mr. Hurley stated that they
believe it is an allowed use in the Planned Development Unit. Cr. Dodrill asked if the commercial property
was a large part of the decision at that time.
The councilors that were there feel it was an important piece of the
application. Cr. Dodrill stated that
since the focus is to develop downtown maybe this is not such a major piece of
commercial property. Cr. Hartwig stated
that this represents 4 acres of commercial land that we will lose in the city
and the council should look to replace is somewhere else. Cr. Nelson stated that the city planner and
Planning Commission have both recommended no and we still need the commercial
property and the council should go with the recommendation. Cr. Dodrill asked for clarification on what
is allowed. CP stated that if this
application is approved residential will be built on commercial.
Judy Walker,
Andy Peal,
Courtney Lewis,
Terry McCauley, PO Box 400,
Estacada, stated that the comprehensive plan is a general statement plan and
the specifics of the application of the plan can be debated. He feels this application is consistent with
the comprehensive plan.
Being no further public
comments, President Arnold closed the public hearing and reopened the regular
meeting.
Cr. Conditt moved to
approve the application using the findings of the PD overlay with the
conditions of approval in the staff recommendation as modified in Exhibit
7. Cr. Ernst seconded the motion. Roll call vote: Cr. Richard Hartwig-yes, Cr. Becky Arnold-yes, Cr. Norm Ernst-yes, Cr.
Kay Nelson-no, Cr. Brent Dodrill-yes, Cr. Michele Conditt-yes. The motion passed with 5 yes and 1 no.
CITIZEN AND COMMUNITY GROUP COMMENTS
COUNCIL REPORTS & COMMENTS
ADJOURNMENT OF MEETING
The meeting was adjourned
at 9:25pm.