Welcome to the
     City of Canyonville                                                   

250 N Main, Canyonville, OR 97417
                               
         541-839-4258 or 541-839-4020
Your Subtitle text

CANYONVILLE CITY COUNCIL

MEETING MINUTES

REGULAR SESSION 7:00 P.M.

Monday October 20, 2014

 

REGULAR SESSION

 

I.                 CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

 

Council President Braudt called the meeting to order at 7:00 p.m. and all joined in the Pledge of Allegiance.

     

II.        ROLL CALL:

 

COUNCIL PRESENT:    Mayor Deaton, Councilors Parker, Braudt, Coleman, Kovachy, Loomis, and Barton.

COUNCIL ABSENT:      None

STAFF PRESENT:         Administrator/Recorder Evans, Public Works Superintendent Lakey.

STAFF ABSENT:           Finance Deputy Recorder Bennett.

 

III.       AGENDA REVIEW AND/OR ADDITIONS:

           

None

           

IV.       PUBLIC COMMENT:

 

None

         

V.        CONSENT CALENDAR:

 

1.      Approval of Regular Session Minutes for 09-15-14

2.      Financial Reports

a.      Expenses va. Budget w/o Encumbered

b.      Payroll Accrual Register

c.      Revenue Analysis

 

Councilor Barton moved, Councilor Loomis second a motion to approve the consent calendar. 

All voted “yes”.  The motion carried.

 

Mayor Deaton arrived at 7:05 pm.

 

VI.       PUBLIC HEARINGS:

           

1.      Ordinance No. 630 Adding existing legally established residential uses as a permitted use in the Commercial C1 zone.

 

Mayor Deaton opened the public hearing for Ordinance No. 630.

 

Administrator Evans asked if anyone Councilor had  any ex parte contact or conflict of interest that they need to declare on this application.  There were none.

 

Amending the Land Use section of the Municipal Code is considered a legislative land use decision according to Oregon Law.  Typically with a legislative change the Planning Commission will hold a public hearing and take testimony then make a recommendation to the City Council.  The City Council will also hold a public hearing and take testimony regarding the proposed changes and the Planning Commission’s recommendations.  At the conclusion of the public hearing the City Council will make the final decision on the proposed changes.  If the Council wishes to approve the changes the Council must adopt the Planning Commission’s recommendations, findings and the implementing of ordinance No. 630.

 

Adoption of Ordinance No. 630 would amend the zoning section of the municipal code to allow existing legally established residential uses as permitted uses in the Commercial C1 zone.  Under the current code residential uses are not allowed within the commercial zone.  However, there are numerous single family dwellings interspersed within the Commercial zone.  These existing uses are considered non conforming uses under the current zoning and are allowed to remain but cannot be expanded or have new structures constructed.

 

At the October 8, 2014 Planning Commission meeting the Commission held a public hearing and took public testimony regarding the proposed ordinance amendment. At the conclusion of the hearing the Planning Commission adopted the findings and recommended forwarding the ordinance amendment as written to the Council for approval.

 

            Mayor Deaton asked if there was anyone in that wished to speak in favor or in opposition of the proposed 
            amendment.  There being no comments Mayor Deaton closed the public hearing for Ordinance No. 630.

 

Councilor Braudt moved, Councilor Barton second the motion to adopt Ordinance No. 630.

 

Administrator Evans asked for the motion to include “and accept the Planning Commission’s recommendation”.

           

             Councilor Braudt withdrew his motion and Councilor Barton withdrew her second to the motion.

 

             Councilor Braudt moved, Councilor Barton second the motion to adopt the Planning Commission’s

Findings and recommendations regarding the legislative changes and adopt Ordinance No. 630. 

All voted “yes”.  The motion carried.

 

2.      Ordinance No. 629 establishing a tax on medical and recreational marijuana.

 

Mayor Deaton opened public hearing for Ordinance No. 629.

 

Ordinance No. 629 will establish a 5% city tax on Medical Marijuana and a 10% city tax on recreational marijuana.  Many of the Cities in Oregon are establishing this tax hoping it will be grandfathered in if Measure 91 legalizing recreational marijuana passes.  There is no guarantee as to whether the courts will uphold the tax or not but if the City doesn’t  institute it prior to the election it is guaranteed that the city will not be able to institute a tax after it is passed.  There is a provision in the measure that prohibits Cities from taxing recreational marijuana and declaring existing tax ordinances or charters invalid.  However, it appears many City Attorneys do not believe they can invalidate a City Ordinance through a referendum.  There will be many legal challenges by Cities and hopefully Canyonville can wait to see how the rulings come out.

 

Administrator Evans recommended that if the Council wishes to adopts Ordinance No. 629 that any money collected from the tax should be tracked in the budget and not spent in case the court ruling ends up against the Ordinance and the City is required to return the money.

           

            Mayor Deaton closed public hearing for Ordinance No. 629.

           

Councilor Barton moved, Councilor Parker second the motion to adopt Ordinance No.629 by title only.

             Mayor Deaton, Councilor Braudt, Parker, Loomis, Kovachy, and Barton voted “yes”.  Councilor Coleman

             voted “no”. The motion carried.

 

             Mayor Deaton read Ordinance No. 629 by title – An ordinance establishing city of Canyonville municipal

Code chapter 5.20 marijuana and marijuana-infused product tax and declaring an emergency.

 

Councilor Braudt moved to amend the motion to adopt Ordinance No. 629 as read with the change to

section 5.20.303 (B1) from 5% to 0%.  The mortion died due to lack of second. 

 

Councilor Barton moved, Councilor Loomis second the motion to adopt Ordinance No. 629 as read.  Mayor

Deaton, Councilor Braudt, Parker, Loomis, Kovachy, and Barton voted “yes”.  Councilor Coleman voted

“no”.  The motion carried.

 

VII.      COUNCIL BUSINESS:

 

            None

 

VIII.    REPORTS:

 

1.      SHERIFF’S REPORT

 

None

 

2.      SUPERINTENDENT’S REPORT

 

Winwalker reservoir is filling up with water again.  Mark Norris retired this month and Clinton Rabern is the new water plant operator.  Clinton was able to spend two weeks with Mark learning everthing he can at the plant.  Five leaks were located and repaired this month.   City staff  has begun cleaning catch basins and storm ditches in anticipation of the upcoming rains. 

 

Superintendent Lakey was questioned about the dirt being piled at the corner of Main Street and Stagecoach.  He said it was on private property and has informed the owner that the drainage ditch is County property and cannot be covered up.  Administrator Evans suggested Superintendent Lakey contact Douglas County about the dirt being piled up on the property and find out if they for see any problems regarding the drainage ditch.  The City would want to be informed about these types of matters regarding City property.

 

2.    ADMINISTRATIVE REPORT

 

The City received notice from Rural Development that they have determined there is no significant

impact to the environment after reviewing the City’s environmental Analysis report.  They have requested

the City publish a notice in the paper for two consecutive weeks stating Rural Development findings.  The

notice will be published in the DC Mailer the last week of October through the first week of November.

 

City Hall will be open until 8:00 p.m. for people to drop off their ballots on election day. 

 

The Falk annexation consultants submitted additional information to complete the application process for

the buildable lands inventory, comprehensive plan amendment rezone and annexation.  However, there still

appears to be an issue with the population projections.  The Department of Land Conservation and

Development (DLCD) has advised staff that the City cannot use the figures the consultant provided because
             the City does not have a coordinated adopted population figure.  Staff was hoping the City could proceed

without the figure by utilizing the same population estimates that were used for the sewer master plan.

However, DLCD has stated they can’t approve that method and would be required to file an appeal to the

Land Use Board of Appeals (LUBA) on the application.  It is their recommendation that the applicant wait

until the new population projects are completed by Portland State in June.

 

Staff received a notice in the mail that the City’s water rights have to be renewed.  Administrator Evans

will be looking into what the City has to do to renew these water rights.

 

It looks like the sewer plant construction will be coming to an end.  The contractor will have to come back

to finish some additional work at the end of the month, but thinks they will be completely done by February

2015.

 

The completion of the water master plan is moving ahead on schedule.  Tasks 1-4 have been completed and we are currently working on task 5 water use and projected demand and task 6 establishing planning criteria.  Completion of these tasks is scheduled for October 2014. 

 

3.      YMCA

 

The YMCA has a new roof.  Councilor Coleman asked about when a new contract with YMCA would be negotiated.

 

Mayor Deaton recessed the regular session at 8:14 pm. and convened the Council for an executive session based on ORS 192.660 (2) (I)  performance evaluation of Public Officers and Employees.

 

Mayor Deation re-convened the regular session at 8:26 pm.

 

BOARDS, COMMISSIONS AND COMMITTEES

 

IX.       CORRESPONDENCE/INFORMATION:

1.    Available for Inspection:

a)                Seniors Escorting Seniors –September 2014 Report

 

X.        ANNOUNCEMENTS:

1.      Planning Commission Regular Session – Wednesday, November 12, 2014 @ 7:00 p.m.

2.      City Council Regular Session – Monday November 17, 2014 @ 7:00 p.m.

 

XI.       ADJOURNMENT

There being no further business Mayor Deaton adjourned the meeting at 8:30 p.m.

 

Submitted by:                                                                          Approved by:

 

 

______________________________                                          ________________________________

Dawn Bennett, Finance Deputy Recorder                                Robert Deaton, Mayor
Website Builder