April 11, 2016

The Enterprise City Council met in regular session on Monday, April 11, 2016 at 7:30 pm.  Those present were Council President Jenni Word; Councilors Stacey Karvoski, Bill Coffin, Dave Elliott and Laura Miller;  Staff Michele Young and Ronnie Neil.

Absent:  Mayor Steve Lear, Councilor Christman and Librarian Denine Rautenstrauch.

Guest:  Sondra Lozier, Wendy Stewart, David Hayslip, Chuck Anderson, Carmen Gurgle, Richard Hobbs for Wallowa Valley Center for Wellness, Mike Rahn, Amanda Rahn, Dave & Martha Weitzel, Kathleen Ellyn of the W.C. Chieftain and Ms. Holpseth.

CONSENT AGENDA

Councilor Miller made and Councilor Elliott seconded the motion to add Mr. & Mrs. Weitzel to the agenda.  Motion passed unanimously.

Councilor Coffin made and Council Karvoski seconded the motion to approve the February 8, 2016  and March 14, 2016 minutes.  Motion passed unanimously.

PUBLIC COMMENT

Dale & Martha Weitzel handed out a complaint letter on their neighbor Carla Fisher. 

They talked about how in  2010 the city took action on her property incident and has every year they think.   Mrs. Weitzel stated that because they were the only ones complaining, the City would not do anything so she got 30 people to complain.  They went out of town for two weeks and her place was cleaned up.

They moved here because they had children here and their kids have all left and they would like to sell their property.  Michele reported that Carla was served in 2010, it went before the Planning Commission, Michele had no memory of 30 people complaining.  This was a land use issue because it is commercially zoned and is an operating business.  Since that date the city has engaged in conversations with Carla, she always complies and Michele expects her to do it this time as well.  Michele stated that Officer Kohlhepp did deliver a notice of two violations and we will see how it works out.

DEPARTMENT REPORTS

PUBLIC WORKS: Ronnie reported on the water project

LIBRARY:  Michele updated the council on the Library project stating that we are now in construction on the addition.  All of the contaminated soils have been removed.

ADMINISTRATION:  Michele reported that the Landmarks Commission received a grant in the amount of $7,725; she reminded the council of the budget hearing on May 18th; Michele stated that Joel Fish will be on the job on May 23rd.   Michele provided the Council with a recommendation from City Attorney Baum on an amendment to our Nuisance Ordinance.  She stated that he will provide a draft ordinance at the next council meeting.  Michele again asked for a volunteer to serve on the Advisory Committee for the Planning Commission, it will probably be 2-3 meetings.

April 11, 2016

Councilor Word reported on the Resignation of TJ Miller.  TJ will be missed, he did a very good job while working for the City.

COMMITTEE REPORTS

Councilor Word reported on behalf of Mayor Lear stating Jody Berry is taking an active role in Warde Park with Brian Coughlan.  The park costs are estimated  at $65,000.  Ronnie reported that he and Brian met with Steve Lear and based on the costs it looks like we are going to stay with the brick.  Michele stated that she would use those numbers in developing the budget.

OLD BUSINESS

Opportunity Fund Grant:

Thunder-Run: Councilor Miller reported that this was handed to the Motel Tax Committee.  They recommend $500 in buck skin bucks or city script so that the money is used in Enterprise.  Councilor Elliott agreed.  The problem with the request was that we had no accounting or detail of what the money would be used.  Councilor Miller made a motion that we award the Thunder Run  $500 in City Script, Councilor Elliott seconded the motion which passed unanimously.

Motel Tax Grants

Councilor Karvoski reported on the recommendations for CETRA grants as follows:

Gems – flowers  $2000

Bowlby Bash  $2000

Hells Canyon Mule Days  $2000

Juniper Jam  $2000

Courthouse concert $2000

Farmers Market - $0 since event is not in Enterprise

Wallowa Land Trust - $500

Alpenfest $500

Mountain High Broncs - $2000

Councilor Coffin made and Councilor Miller seconded the motion which passed unanimously.

Rahn Sanitary Rate Increase request.

Amanda Rahn stated they are asking for an increase of 20%. to cover the increase from the County of 40% per ton.

Councilor Word asked how they came up with the 20%.  Amanda stated that the City of Joseph approved the 20%.  Last rate increase was 2011 at 9-11%.  They just felt that this would cover it.

Mike Rahn stated they would probably do 10%  in May and 10% in July.

After discussion Councilor Coffin made a motion to approve 10% immediately for their rate increase with further consideration for another rate increase.  Councilor Karvoski seconded the motion which passed unanimously.

April 11, 2016

NEW BUSINESS

Councilor Miller made and Councilor Karvoski seconded the motion to approve the 4 year appointment of David Haylsip to the Planning Commission.  Councilor Karvoski seconded the motion which passed unanimously.

PUBLIC HEARING –

Councilor Word opened the Public Hearing for a Re-Zone of property owned by the Wallowa County Wellness Center. 

*          Does any City Councilor wish to disqualify him or herself for any personal or        

            financial interest in this matter?  All councilors responded no.

            *          D      Does any City Councilor wish to report any significant ex-parte or pre-hearing contacts?  All councilors responded no.

            *          H       Has any City Councilor done a site visit of this property?  Councilors Miller, Word and Karvoski have done site visits.

“This is a Legislative Public hearing under Oregon land use law.

Testimony and Evidence must be directed toward the legal criteria in the City’s Land Use Ordinance or Land Use Plan.  The staff report will include a description of the criteria which the City staff believes should apply.

Failure to raise an issue, and present accompanying evidence, sufficient to allow the City and other parties to evaluate and respond to that issue may preclude appeal of that issue to the Land Use Board of Appeals.”

Staff and applicant had requested that this hearing be continued from April 9, 2016 to this evening in order to provide staff and applicant time to respond to a letter received from the Fair Housing Council dated April 5, 2016.  The Planning Commission had their first hearing on April 5th and continued it to April 26, 2016.  Minutes of their meeting has been provided to the City Council.

Councilor Word asked if any additional evidence has been received.  Michele responded no.

Councilor Word asked for a staff report.

Proposal:

The applicant has requested a zoning map amendment to change the zone from Multi-Family Dwelling (R-3) to Commercial (C-1).  The property subject to the zone change is currently vacant. 

l.          BACKGROUND

            A.  Applicant:               Wallowa Valley Center for Wellness

                                                P.O. Box 268

                                                Enterprise, OR   97828

April 11, 2016

            B.  Applicant Representative:            

                                                Richard Hobbs

            C.  Location:                Map # 01S4435CA; Tax Lot # 400

            D.  Existing Development, Site Characteristics and Site History:   

            This property is a vacant property in the R-3 Multi-Family Residential zone. To the North is the Wallowa Memorial Hospital, zoned C-1 Light   Commercial. A portion of the property to the East lies the Wallowa County Fairgrounds arena zoned C-1 Light Commercial. The other portion to the East is occupied by the Park Street Apartments zoned R-3 Multi-Family Residential.  The baseball fields are directly South and also zoned R-3 Multi-Family Residential. The Oregon State Department of Transportation owns the property to the West where the State Shops are located. Also to the West is a residential property, as well as a mechanic shop for a trucking business both zoned C-1 Light Commercial

            E.  Zone Criteria

            Current Zone:  R-3 Multi-Family Dwelling Zone which can be found in Section 3.030 of the City of Enterprise Land Use Ordinance. (A copy is attached)

            Requested Zone:  C-1  Commercial Zone which can be found in Section 3.050 of the City of Enterprise Land Use Ordinance.  (A copy is attached)

            F.  Review Process:  The proposed map amendment requires a Legislative             Hearing which involves public hearings before the Planning Commission and City Council.  The Planning Commission will make a recommendation to the City Council who will make the final decision.  There will be a 10 day appeal period after the Council issues their decision.  Any appeal of he City  Council decision would go directly to the Oregon Land use Board of Appeals (LUBA).

Michele stated that the Planning Commission continued their hearing to April 26, 2016 due to the letter received from the Fair House Council of Oregon to provide the applicant additional time to acquire evidence.  Michele recommends that the City Council do the same at this time since you have no recommendation from the Planning Commission.

Councilor Karvoski made a motion to continue this Public Hearing to the May 9, 2016 City Council meeting.  Councilor Coffin seconded the motion which passed unanimously.

OTHER BUSINESS

Sondra Lozier thanked the council for the grants they awarded this evening, it is very much appreciated.

The City Council and staff presented Councilor Laura Miller with a bouquet of flowers and thanked Laura for all of her contribution on the City Council and to city staff.

April 11, 2016

Being no further business, the meeting  was adjourned.

                                                                                    ___________________________________

                                                                                    Jenni Word, Councilor President

ATTEST:

____________________________________

Michele R. Young, City Administrator