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Minutes January 13, 2014

The Enterprise City Council met in regular session on Monday, January 13, 2014 at 7:30 p.m.. Those present were Mayor Margie Shaw, Councilors Tim Parks, Jenni Word, Larry Christman, Laura Miller, Stacey Karvoski, Bill Coffin; City Attorney Roland Johnson; Staff Michele Young, Ronnie Neil, Michelle Bloker, Denine Rautenstrauch, George Kohlhepp

Guests: Bret & Elizabeth Bane, Sondra Lozier, Beth Gibans, Bruce Ginsel, Brandon Miller.

Press: Katie Nesbitt, Rob Ruth

CONSENT AGENDA

Councilor Miller made and Councilor Parks seconded the motion to approve the December 13, 2013 minutes and December 2013 Accounts Payable register. Motion passed unanimously.

PUBLIC COMMENTS

Mayor Shaw read a letter of apology from Brent Roland for stealing in the City of Enterprise.

Beth Gibans, President of the Farmers Market reported on the status of the Farmers Market. Beth stated that they met with Commissioner Susan Roberts. The location will be on the grass, starting point will be on the corner of Main and 1st street and go both south and west from that point. One of the recommendations from the County was for vendors unloading their goods to have a closed off area. Beth asked if the council would consider allowing them to close off 5-7 spaces on the corner of Main Street and the same on 1st Street. The market runs from 4-7. They did speak to a few business's, Cloud 9 and the Bakery. Beth did understand that Cloud 9 had some concerns. There was some concern about the number of parking spaces they were asking to close off. After further discussion Mayor Shaw stated that they would form a committee and meet with Beth and some of the business owners.

BANE INVESTMENTS, LLC PUBLIC HEARING

Mayor Shaw opened the meeting by stating now is the time set for a Legislative public hearing on the Application from Bane Investment, LLC for a Re-Zone. Bret and Elizabeth Bane are applying for a Map Amendment for a parcel zoned C-1, they wish to change to R-3. Property situs 210 ½ S. River Street, 2S44E02AB, Tax Lot 8701.

Does any Councilor wish to disqualify him or herself for any personal or financial interest in this matter. None

* Does any Councilor which to report any significant ex-parte or pre-hearing contacts. None

* Has any Councilor done a site visit of this property. Councilor Miller did a site visit.

This is a public Legislative 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."

Mayor Shaw asked for the Staff Report. Michele read the staff report. No written testimony was received. Bret Bane made his presentation stating his parents purchased 7-8 pieces of property in 1962 and included it all in one large tax lot. After they passed away they went through the process of re-dividing the property. The zoning was never an issue because it had all been developed by his family. Since the banking crisis interested buyers are having problems getting financing for their home in the commercial zone. Access is a 16' wide easement that goes through the parking lot of their business. The entrance to the parking lot for the business has a very wide cut out. There is no place for signage if a business were ever to want to locate at the house. They have put a fence on part of the property and it has a block wall on the north side. There are other houses in this same vicinity that are currently zoned C-1 but all has a residential character.

Mayor Shaw asked for testimony from proponents or opponents. No public testimony.

Mayor Shaw closed the public hearing, no further testimony will be taken.

Roland stated that the council should not make a decision but ask staff to come back with the Findings and Adoption ordinance.

Councilor Karvoski made a motion instructing Staff to prepare a Fact and Findings document and Ordinance to rezone this property. Motion was seconded by Councilor Coffin, motion passed unanimously.

NEW BUSINESS

Mayor Shaw handed out the Council Committee appointments for 2014.

Mayor Shaw stated we need to appoint a Council President for 2014. Councilor Coffin made a motion to appoint Laura Miller as Councilor President for 2014. Councilor Chrisman seconded the motion with 6 in favor and Councilor Miller opposing.

Michele stated that the Soroptmist across the street has requested permission to place no parking signs for the times their garbage is picked up. They had an episode a few months ago where a person left their pickup in front of the dumpster, which is on right of way, and the garbage service could not empty it. They had to pay an extra fee to have Rahn's come back. Michele stated that she has reviewed this with Wes and Ronnie and they all agree that this would create a precedence in the city. We don't want to encourage dumpsters on right of way. The council agreed, everyone felt comfortable telling them they can put a sign on their dumpster asking people to not block it over night if they wish. Michele will notify them.

Professional Services Contracts: Council Karvoski made and Councilor Word seconded the motion directing Michele to put out RFP's for the positions of City Attorney, City Engineer, Hearings Officer and Auditor for a 3 year period with 2 year extension. Motion passed with 6 in favor and Councilor Miller abstaining.

Union Negotiations: The Administrative Committee is recommending that we contract with Local Government Personnel Institute to do our negotiating this year. Councilor Karvoski made a motion for the same, Councilor Christman seconded it. Motion passed with 6 in favor and Councilor Miller abstaining.

Mayor Shaw stated the reason for the RFP's is just to show due diligence on the cities part. It is not a criticism of who we currently use. The reason for the change in negotiators is because LGPI specializes in labor negotiations.

RESOLUTION NO. 573 – Councilor Christman made and Councilor Karvoski seconded the motion to approve Resolution No. 573 which adopts new water rates for the next 5 years. Motion passed with 6 in favor and Councilor Coffin opposing.

RESOLUTION NO. 574 –Councilor Christman made and Councilor Coffin seconded the motion to approve Resolution No. 574, a resolution setting rates and collection procedures for the City of Enterprise. Motion passed unanimously.

RESOLUTION NO. 575 - Councilor Karvoski made and Councilor Parks seconded the motion to approve Resolution No. 575 transferring of funds within the General Fund. Motion passed unanimously.

CITY RETAINS ANDERSON PERRY & ASSOC. – Councilor Chrisman made and Councilor Parks seconded the motion to retain the services of Anderson Perry & Assoc. subject to a successful negotiation of contract and price. Motion passed unanimously.

STAFF COMMENTS –

Staff provided written comments on their departments. Ronnie stated that an article will be put in the Chieftain this week regarding Wastewater Treatment Plan.

Officer Kohlhepp stated that we now have medical marijuana dispensaries in Oregon, effective January 1, 2013. He is concerned it will be happening here eventually. He recommended that the city look into its ordinances and if the council has any concerns about this we may want to have an ordinance in place as other cities have done regulating this use.

Being no further business the meeting was adjourn.

________________________________

Margie Shaw, Mayor

ATTEST:

_____________________________________

Michele R. Young, City Admin./Recorder

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