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CANYONVILLE CITY COUNCIL

MEETING MINUTES

REGULAR SESSION 7:00 P.M.

EXECUTIVE SESSION IMMEDIATELY FOLLOWING

Monday, March 19, 2012

REGULAR SESSION

 

I.               CALL TO ORDER AND PLEDGE OF ALLEGIANCE:

Mayor Deaton 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 Braudt, Parker, Douglas, Kovachy, Coleman and Barton***.

COUNCIL ABSENT:      None.

STAFF PRESENT:         Administrator/Recorder Evans, Deputy Recorder Beckman and Superintendent Lakey.

STAFF ABSENT:           None.

 

III.        AGENDA REVIEW AND/OR ADDITIONS:

None.

 

IV.     PUBLIC COMMENT:

Kathy Howell, 591 Fairchild, noted that she was a bus driver for UTRANS.  Ms. Howell stated that she was going to start a petition to get the bus transportation back into Canyonville.

 

Steve Kelly, SUHS Superintendent – Reported that on 4/14/12 SUHS Booster Club will be holding an auction, if anyone was interested they could contact the school – tickets are $30.

Mr. Kelly also highlighted the successes of their “No D Policy” and the rising percentages for the different grade levels in achieving the success of the policy.  He also noted that the month of March is “open enrollment” for those outside of the school district.

 

Joe Olson, President Umpqua Community College introduced himself and extended his appreciation of all that is done in South County.

 

Cliff Church, 892 N Pacific Hwy, Myrtle Creek – Newly hired WWTP Operator Trainee introduced himself to the Council.

 

V.      CONSENT CALENDAR:       

1.      Approval of Regular Session 2-21-12 Minutes

Councilor Parker moved, Councilor Braudt seconded a motion to approve the 2-21-12 Regular Session Minutes as written.  All voted “yes”.  The motion carried.

 

VI.     PUBLIC HEARINGS:

1.      Legislative Amendment to the Land Use Section of the Canyonville Municipal Code.  The proposed amendment eliminates the duplication of the Site Design Review Standards and Temporary Use Permits in the Municipal Code, adds cross references to other sections of the ordinance and corrects an inconsistency between the Home Occupation Section and the Conditionally Permitted Uses in Residential Zones. (Ordinance No.613) Memo, Administrator/Recorder Evans

 

Mayor Deaton opened the Public Hearing on Ordinance No. 613.

Mayor Deaton asked if any of the Councilors wished to declare a Conflict of Interest or Ex-Parte Contact.

There were none.

 

Mayor Deaton called for the Staff Report.

Administrator/Recorder Evans referenced the following:

 

The proposed Ordinance amendment is a housekeeping item which will correct the following deficiencies or errors in the City’s Municipal Code:

 

·        Eliminate the duplication of the design review standards in the Municipal Code.  These standards are listed in Section 18.72.075 and Section 18.88.110 of the Municipal Code.  Both sections are identical in language so Section 18.88.110 is being eliminated.

·        Temporary Use Permits are listed in Section 18.72.020 and 18.88.040 (E) of the Municipal Code.  Both sections have the exact same language.  Deletion of Section 18.88.040 will eliminate the duplication. 

·        Correct the contradiction between home occupations as an outright permitted accessory use versus a conditionally permitted use.  The home occupation section of the Ordinance states that home occupations will be permitted accessory uses in all zones.  However, the individual zones list home occupations as conditionally permit.

·        Change the Title for Chapter 18.96 from Temporary Permit to Hardship Permit.  The permit provided for in Chapter 18.96 deals with approval of hardship due to medical conditions which has different criteria than a temporary permit. 

·        Chapter 18.20 Section 18.20.020 A. Change to read single family residences and manufactured homes subject to the special siting requirements listed in Chapter 18.32.  Currently there is no cross reference to the special siting requirements for manufactured homes.  .

·        A cross reference to section 18.76.150 which establishes conditions for retail manufacturing on the site shall be added to the permitted accessory uses in all Commercial zones.

·        Section 18.88.020 contradicts itself.  Item A states the City Recorder can only authorize permits for single family dwellings, repairs to single family dwellings and repairs to other buildings provided the alteration costs are under $5,000.00.  In Section B it states the City Recorder can review all permitted uses and structures.

 

DECISION:

 

The Planning Commission is recommending to the City Council that the findings in the staff report be adopted and the amendments approved as proposed.            

 

DECISION CRITERIA AND FINDINGS: 

 

The following is a list of the decision criteria applicable to the request.  Based on their conclusions, the Commission must approve, approve with conditions, or deny the application. Conditions may be used by the Commission in order to address concerns about how the applicant will meet the criteria applicable to the request.

 

DECISION CRITERIA #1:  Approval of the request is consistent with the Statewide Planning Goals.

 

FINDINGS:

 

1a. The proposed amendment will eliminate the duplication of the design review standards in the Municipal Code.  The design standards are listed in Section 18.72.075 and Section 18.88.110 of the Municipal Code.  Both sections are identical in language so Section 18.88.110 is being eliminated.

 

1b. Temporary Use Permits are listed in Section 18.72.020 and 18.88.040 (E) of the       Municipal Code. Deletion of Section 18.88.040 will eliminate the duplication.

 

1c. There is a contradiction in the Municipal Code regarding home occupations.  The home occupation section of the Ordinance states home occupations will be permitted accessory uses in all zones.  However, the individual zones list home occupations as conditionally permitted. The new language will make home occupations a permitted accessory use in the residential zone as long as they conform to all the standards listed in the home occupation section.

 

1d. Changing the title of Chapter 18.96 from Temporary Permit to Hardship Permit will eliminate the confusion regarding the uses specifically listed under temporary use permits and the special section entitled temporary use permits which is exclusive to medical hardships.

 

1e. Adding the reference to the special siting requirements for manufactured homes in Section 18.20.020 will insure the inclusion of the requirements to potential home owners.

 

1f.  Inclusion of the cross reference to Section 18.76.150 for all commercial zones will guide readers to the additional regulations for manufacturing on the premises. 

 

1e. The proposed amendments are strictly either housekeeping items or clarifications of the existing code.  None of the proposed changes alters the uses, regulations or requirements for the existing code.  They have no effect on the Statewide Planning Goals.

 

DECISION CRITERIA #2:  Approval of the request is consistent with the Comprehensive Plan.

 

FINDINGS:

 

2a. The Canyonville Comprehensive Plan establishes a Citizen Involvement goal to provide sufficient opportunities for Citizen involvement in the City’s Planning Process.  It further provides for the implementation of the goal through the following policies:

 

1.  The City shall, through the Planning Commission and the Common Council, allow interested persons to participate in the adoption, review and evaluation of the Canyonville Comprehensive Plan and implementing measures, amendments and revisions thereto by means of oral or written testimony.

     

2.  Written material and other exhibits considered in making land use policy decisions shall be available for public review at City Hall.

 

2b. Notice of the proposed amendment was published in the Douglas County Mail on

February 16, 2012.

 

2c. The amending ordinance, staff report and all written material pertaining to the amendment have been available for public review at City Hall since February 1, 2012.

 

DECISION CRITERIA #3:  The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period.

 

FINDINGS:

 

3a. None of the proposed amendments change the uses in the existing zones.  Traditional Home Occupations have historically been permitted outright as specified in the home occupation section of the ordinance.  Moving home occupations from a conditionally permitted use to a permitted accessory use will correct the error.

 

3b.  All the changes in the proposed amendment are necessary to correct inconsistencies or add clarification to the Municipal Code and have no impact on public facilities.

 

DECISION CRITERIA #4:  The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the Comprehensive Plan or Land Use District Map regarding the property which is the subject of the application.

 

FINDINGS:

 

4a. It is in the public’s best interest to have a Land Use Plan and implementing ordinance that is consistent.  The proposed amendments will correct previous errors and inconsistencies in the implementation section of the Municipal Code.

 

DECISION CRITERIA #5:  When a development application includes a proposed Comprehensive Plan Amendment or Land Use District change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule OAR 660-0012-0060.

 

FINDINGS:

 

5a. The proposed amendments do not impact the transportation system.

 

DECISION CRITERIA #6: A proposal shall be in the public interest with regard to neighborhood or community conditions when it can be shown to be compatible with the neighborhood such that the full range of possible uses will not interfere with conforming uses in the neighborhood.

 

FINDINGS:

 

6a. All of the proposed amendments are to either eliminate duplication of rules within the code or to assist in making the code more user friendly.  The only proposed change to a use is the correction of home occupations as permitted accessory uses in residential zones.

 

6b. The home occupation section of the Municipal Code states that home occupations will be allowed accessory uses in all residential zones. Historically all home occupations have been approved as allowed uses even though the residential zones listed them as conditionally permitted.  Correcting the residential zones to list home occupations as permitted accessory uses will not change the uses allowed in the residential zones.

 

Mayor Deaton asked if there was any public comment in opposition to Ordinance No. 613.

There was none.

 

Mayor Deaton asked if there was any public comment in favor of Ordinance No. 613.

There was none.

 

Mayor Deaton closed the Public Hearing on Ordinance No. 613.

 

Mayor Deaton asked if there was any discussion from the Council.

There was none.

 

Councilor Parker moved, Councilor Douglas seconded a motion to adopt the Planning Commission’s Findings and recommendation regarding the legislative amendment with the added wording under Section 2. A. 1. “and approve” and adopt the implementing Ordinance No. 613 – An Ordinance Deleting the Duplication of Site Review Standards and Temporary Use Permits, Adding Home Occupations as Permitted Accessory Uses in Residential Zones and Deleting Home Occupations from the Conditionally Permitted Uses in Residential Zones and Adding Cross References.  All voted “yes”.  The motion carried.

 

VII.   COUNCIL BUSINESS:

1.      Resolution No. 595 – Resolution Establishing Rules for the Implementation of the Health Savings Plan / Memo, Administrator/Recorder Evans

Administrator/Recorder Evans noted that previously Resolution No. 572 converted the existing health care plan to a Health Savings Plan. The procedure for handling the HSA for newly hired employees during their probation period of 6 months had not been addressed in Resolution No. 572.  Resolution No. 595 provides a procedure for handling new employee’s HSA during their probation period. 

Councilor Parker moved, Councilor Braudt seconded a motion to adopt Resolution No. 595 – A Resolution Establishing Rules for the Implementation of the Health Savings Plan.  All voted “yes”.  The motion carried.

 

2.      Application for Park use past 10:00 pm -  Colleen Deaton / Memo, Administrator/Recorder Evans

Administrator/Recorder Evans noted that according to the Park rules all use of the park must cease at 10:00 pm unless approved in advance by the Council.  The 1972 SUHS class reunion committee has reserved the park for August 11, 2012 for a reunion.  The committee plans to have a DJ in the evening and the reunion is scheduled to last until 10:00 pm.  The committee has requested permission to use the park after 10:00 pm in order to clean up.  Colleen Deaton was present for any questions from the Council.

Councilor Kovachy moved, Councilor Douglas seconded a motion to approve the request to utilize the park after 10:00 pm for cleanup.  All voted “yes”.  The motion carried.

 

3.      3-5-12 C. Giles Hunt Charitable Trust Application for new computer – Carol Hilderbrand, Canyonville Branch Librarian

Librarian Hilderbrand was not present to speak with the Council.  A request to submit an application to the C. Giles Hunt Charitable Trust for a staff computer was submitted and read by the Council.

Councilor Braudt moved, Councilor Coleman seconded a motion to approve the application to the C. Giles Hunt Charitable Trust for funding for a staff computer.  All voted “yes”.  The motion carried.

 

4.      3-12-12 Canyonville Cigars & Cigarettes Request for 15 minute parking signs – Zachary Culbertson / Memo, Administrator/Recorder Evans

Administrator/Recorder Evans noted that Zachary Culbertson, owner of Canyonville Cigars and Cigarettes, had submitted a request to have 15 minute parking signs posted around his business for two spots on Main Street and one spot on Second Street.

 

***Councilor Barton arrived @ 7:38pm

 

Zachary Culbertson was present to speak with the Council and noted that the reason for his request was due to many of his customers becoming frustrated with the lack of parking in the immediate area.  Mr. Culbertson does have a parking lot, however he shares his lot with Ken’s Sidewalk Café in the spirit of positive relations and a common goal of economic success.  The customers for Ken’s have a tendency to remain longer than Zachary’s customers which then creates a problem for Canyonville Cigars and Cigarettes.  Mr. Culbertson believed if he was able to establish a parking limit for 2 or 3 spots it might help relieve his customer’s frustration and keep them coming to his business.

 

Councilor Parker moved, Councilor Douglas seconded a motion to approve the request to designate two parking spaces in front of Canyonville Cigars and Cigarettes and one space on Second Street as 15 minute parking, Monday through Friday between the hours of 9:00am and 7:00pm at Canyonville Cigars and Cigarettes expense, subject to County approval.

 

Discussion:  The Council generally discussed the parking situation, if there would be any affect on surrounding businesses and the time and days of the week the signs should reflect.

 

All voted “yes”.  The motion carried.

 

VIII.  REPORTS:

1.      SHERIFF’S OFFICE

a)                Marty Case

Sergeant Case highlighted the STATS for the months of January and February, 2012. 

b)   DC Sheriff’s Office Community News Letter

      A news letter had not been provided by the DC Sheriff’s Office.

 

2.      SUPERINTENDENT’S REPORT

Due to time constraints Mayor Deaton noted that if the Council had any questions regarding the Superintendent’s Report, they could speak with Superintendent Lakey later.

 

3.      ADMINISTRATIVE REPORT

Due to time constraints Mayor Deaton noted that if the Council had any questions regarding the Administrative Report, they could speak with Administrator/Recorder Evans later.

 

4.      BOARDS, COMMISSIONS AND COMMITTEES

None

                                                                                               

IX.     CORRESPONDENCE/INFORMATION:

1.    In Packet:

None. 

2.    Available for Inspection:

a)                Seniors Escorting Seniors – February 2012 Report

 

X.      ANNOUNCEMENTS:

1.      Planning Commission Regular Session – Thursday, April 5, 2012 @ 7:00 p.m.

2.      City Council Regular Session – Monday, April 16, 2012 @ 7:00 p.m.

 

** 8:00 p.m. Mayor Deaton closed the Regular Session to reconvene into Executive Session in two minutes.

 

EXECUTIVE SESSION AGENDA

 

I.               CALL TO ORDER

Mayor Deaton called the Executive Session to order @ 8:02 p.m.

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

COUNCIL ABSENT:    None.

STAFF PRESENT:       Administrator/Recorder Evans, Deputy Recorder Beckman,              
   Superintendent Lakey and City Attorney Ken Jones.

STAFF ABSENT:        None.

 

II.           DISCUSSION:  ORS 192.660 (2) (h) Legal counsel – for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed.

 

III.        ADJOURN

** Mayor Deaton adjourned the Executive Session at 9:31 p.m.

** Mayor Deaton reconvened into Regular Session at 9:32 p.m.

 

Councilor Braudt moved, Councilor Barton seconded a motion for Local Government Law Group to continue representation in the City’s interest regarding the current litigation.  All voted “yes”.  The motion carried.

XI.    ADJOURNMENT

Being no further business the meeting was adjourned at 9:33 p.m.

 

 

Submitted by:                                                      Approved by:

 

 

______________________________               ________________________________

Joan Beckman, Deputy Recorder                        Robert A. Deaton, Mayor       

                                                                            

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