May 9, 2016

The Enterprise City Council met in regular session on Monday, May 9, 2016 at 7:30 p.m. those present were Mayor Steve Lear; Councilors Dave Elliott, Stacey Karvoski, Larry Christman; City Attorney Wyatt Baum; Staff Michele Young, Denine Rautenstrauch.

Absent:  Councilor Bill Coffin and Jenni Word

Guests:  Doug Crow;  Richard Hobbs

Press:   Kathleen Ellyn of the Chieftain

CONSENT AGENDA

Councilor Elliott made and  Councilor Karvoski seconded the motion to approve the April 11, 2016 minutes.  Motion passed unanimously.  No additions to the agenda.

DEPARTMENT REPORTS

Public Works – Ronnie Neil was not present at the meeting but he submitted a request for a decision to cut down the Spruce Tree in Warde Park. 

Councilor Christman made a motion to cut down the tree as requested, Councilor Karvoski seconded the motion.  Councilor Karvoski then asked for discussion purposes why we were cutting down the tree.

Michele stated that what she understood from Ronnie is that the tree's root system was going to start causing problems on the brick and if we were going replace the brick sidewalk, this tree would be causing problems with that as well.  As with other Spruce Trees in town, it will also become a hazard tree in our downtown.

Mayor Lear wanted to have a very clear understanding of why we are removing the tree.

Councilor Elliott stated that if we leave the Spruce tree alone, the top will probably break off.  Mayor Lear stated that Ronnie said the trees were not safe and felt we should have an expert look at the trees.  Councilor Christman stated we have been talking about this tree for a year, it needs to come down.

After a lot of discussion about whether the tree was safe, diseased or a hazard it was decided to not cut it down.

Councilor Christman and Karvoski withdrew their motion

Councilor Elliott moved to have a professional arborist evaluate the tree and report back to the City Council.  We need to know if it fits in the plan of the park.   Councilor Karvoski seconded the motion which passed unanimously.

Library - Denine reported on the Library project stating that it was moving right along and on schedule.

Administration -  Michele presented the draft Employee Handbook.  Asked Councilors to review it over the next month and submit any questions or proposed changes to her.  It is in the final draft stage, and once all comments are in she will submit those to our Labor Attorney for review.   Michele stated that once everyone is good with the Manual and the Attorney gives the go ahead we will submit it to the Unions and review it with the employees.

Michele and Councilor Karvoski reported on the fire suppression meeting they attended at the Cloverleaf last week.  It was put on by the Forestry Department and put us through an exercise if there was a big fire near Joseph that required evacuations.  It helped in developing good communication and how to channel the communication.

COMMITTEE REPORTS

Executive Committee – Mayor Lear stated that the Executive Committee met regarding filling the vacancy of Councilor Miller.  They recommended to the Council that we not appoint anyone at this time and allow the voters to make that decision.  There were 3 applicants.  Councilor Karvoski asked Mayor Lear about combining some  of our Council Committees, example would be Public Works and Parks as Parks is part of Public Works.   Mayor Lear stated that would be a good idea, he will look into it.

OLD BUSINESS:

Thorpe’s Lane:  Michele stated she received a final recommendation from our Engineer's regarding ownership of Thorpe Lane.  Michele presented the Council with maps that shows the city does not have any ownership rights beyond 350' from Montclair on the west side of Montclair.  This section was dedicated to the Public.  The remaining area to the west is all privately owned by adjoining landowners.

Favorite Finds:  Michele reported that Carla Fisher has continued to show improvement and is working to improve her parcel.  Michele stated she will continue to talk with Carla to see that it is being cleaned up but feels there is no need to take action.  Councilor Elliott preferred that we work with her like Michele was doing.  Councilor Karvoski asked who was monitoring it, she felt our ordinance should be enforced.  Michele stated that she is monitoring it and feels she is complying.  No action taken.

NEW BUSINESS:

Michele presented the Council with a recommendation from the Planning Commission that Cory Otten be appointed to the Planning Commission for a three year term.  Councilor Karvoski made and Councilor Christman seconded the motion which passed unanimously.

Main Street Motors – Doug Crow presented the Council with an Opportunity Fund Grant request in the amount of $2,500.  Main Street Motors and the Elks Lodge puts on the Show and Shine, their budget does not generate enough funds to carry the event.  They have additional sound system improvements and they do advertising in 4-5 counties and western lifestyles.

Councilor Karvoski made and Councilor Christman seconded the motion to fund them $2.500, motion passed unanimously.

May 9, 2016

Councilor Elliott  stated this is more fitting for the opportunity fund but recommended that they apply in the future to CETRA.

There was confusion about his Event Permit and it turned out what Michele received was from Joseph's Car Show.  Michele assumed it was this event since Andy Crow brought it in, the Joseph event has never submitted an Event Permit to us and does not need to.  Doug will submit an application for the next meeting.

PUBLIC HEARING – Wallowa Valley Center for Wellness

Mayor Lear stated that now is the time set for a Legislative Public Hearing on an Application from Wallowa Valley Center for Wellness for a Zone Map and Comprehensive Map Amendment.  This meeting is a continuance from the April 11, 2016 meeting.

• Does any City Councilor wish to disqualify him or herself for any personal or financial interest in this matter?  All Councilors responded no.
• Does any City Councilor wish to report any significant ex-parte or pre-hearing contacts?  All Councilors responded no.
• Has any City Councilor done a site visit of this property?

                All Commissioners responded yes.

Mayor Lear stated that 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 requested that this hearing be continued from April 11, 2016 in order to provide staff and applicant time to respond to a letter received from the Fair Housing Council dated April 5, 2016.  At this time, applicant is ready to provide evidence for request to rezone.

Mayor Lear asked Staff to give their report.

Michele Young stated the proposal is to change Tax Lot #400, located at 01S4435CA located on Medical Parkway across from Wallowa Memorial Hospital from R-3 to C-1.  Michele reported on the 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 remaining 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.  

May 9, 2016

Michele stated that the zone criteria for R-3 is located in Section 3.030 and C-1 in Section 3.050 of the City Land Use Ordinance. 

Michele reported that the first evidentiary hearing was held on April 5, 2016 by the Planning Commission.  The City Council also held a Public Hearing on April 11, 2106 and continued their hearing to May 9, 2016.  The Planning Commission, at their April 26, 2016 Hearing made recommendation to the City Council that the Re-Zone be approved as submitted.  It was felt that the applicant provided sufficient information to back up the re-zoning of this property from C-1 to R-3.  Michele provided the Council the minutes from the Planning Commission meeting.

Richard Hobbs – submitted an updated report in support of his application.

The Wallowa County Center for Wellness wants to create a development, a synergy to the medical area.  There are better opportunities in this area and they have grant monies to build the facility.  It is more appropriate as commercial when the Hospital invested $23 mil in a new Hospital, a clinic at $5.4 mil and senior housing at $5.6 mil.  The land prices in the area are huge, about $75,000 per acre for their parcel.  There is R-3 available for 1/3 of that price in other R-3 zones. 

The fair housing council submitted a letter  regarding the proposal of re-zoning this R-3 parcel  to C-1, it would make it difficult to develop throughout  the city if they can do that.   He reviewed the 1982 Land Use Ordinance and Plan and how the cities land had been inventoried.  Amendments to future plans and the population has actually decreased. 

Mr. Hobbs stated that the land in 1982 as available is still available now.

Mr. Hobbs reviewed his vacant lands map with the Council.  In 1997 it was determined we needed 10 acres of R-3, we currently have 20 acres.  There was 74 acres needed for commercial, we currently have 72-73 acres. 

Mayor Lear asked if there were any public present to make testimony on this application, there was none.   Mayor Lear closed the public hearing for any further testimony.  Mayor Lear asked for Council discussion.

Councilor Elliott feels this is an excellent use of this property. 

Councilor Karvoski made and Councilor Christman seconded the motion to approve the Re-Zone as presented.  Motion passed unanimously.

City Attorney Wyatt Baum stated that now the Council needs to direct Staff to write a Findings of Fact document and an Ordinance to adopt the Re-Zone.  Wyatt asked Mr. Hobbs if he could provide the data for the Findings.  Wyatt stated that this document justifies the approval.  Councilor Elliott made and Councilor Christman seconded the motion to direct the City Attorney to draft findings and ordinance, Motion passed unanimously.

NUISANCE ORDINANCE

Wyatt stated that Michele had asked him to review the cities nuisance ordinance.  Wyatt was concerned about the ability to enforce.  Some of the ordinances the city has are left the unchanged.  Wyatt reviewed a draft ordinance he put together and recommended the council review this and make sure they are comfortable enforcing. 

Councilor Elliott felt it was very well done, it is one of those nasty parts of what we do. 

After discussion on enforcement of nuisances the council will take the time to review the proposal.

Being no further business, the meeting was adjourn.

                                                                        _____________________________________

                                                                        Steve Lear, Mayor

ATTEST:

_______________________________

Michele R. Young, City Admin./Recorder