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About The independent. (Vernonia, Or.) 1986-current | View Entire Issue (Nov. 18, 2004)
The INDEPENDENT, November 18, 2004 Page 13 Council hears citizen concerns about one business, one property Banks City Council had a standing-room-only crowd for their November 7 meeting. During the public comment portion, Fred and Bobbi Bene- fiel made a presentation about problems which, they say, resi dents experience with Banks Lumber Company (BLC). Ac cording to the Benefiels, they have been trying to resolve the problems and were told at the county level that they first needed to appear before the city council. Problems cited by the Benefiels include violation of city ordinances regarding noise, parking, loading on Sun set Drive and failure to control dust. They said they have called the mill several times and that mill personnel have been verbally abusive and have threatened to accuse them of harassment. Benefiel also told council that they will be making a formal complaint to the Department of Environ mental Quality concerning par ticulate matter air pollution and the maintenance of log decks. Council accepted printed material and photographs that Benefiel distributed. Mayor Bob Orlowski said that there are at least two issues which could be addressed by having an officer cite the company for violations, however, the city does not have any officers. Adding an interest ing footnote, Orlowski said that his introduction to city politics was working with DEQ con cerning water pollution in Banks Creek by BLC. Council, and the audience in general, related experiences with blocked traffic, noise, etc. There will be further discussion at the next council meeting. Later in the meeting, Coun cilor Kirk Andrews said that re curring problems with Banks Lumber Company won’t go away until there is another ac cess road, and that discussion should begin about how and where to locate or develop a secondary access road. Or lowski said the county will not allow access on Banks Road and that there are weight re strictions on Commerce. At An drews’ insistence, council agreed to begin discussion in January. Street. The property owner was not present. Teresa Stone, a neighbor, told council that ac cumulating garbage was a re curring problem. She told coun cil that a three-year-old resi dent of the property plays near the garbage, which is full of rats and other vermin, and that the pile smells terrible. Orlowski noted that this was at least the third time council had held a nuisance determination hearing regarding this property. Council was unanimous in declaring that a nuisance exist ed and allowing ten days be fore the city cleaned up at the owners expense. City attorney Jim Lucas said that the law has an exception “to summarily abate the nui sance which unmistakably ex ists and which eminently en dangers human life or proper ty”. After discussion, Council decided to wait the ten days to ensure that actions taken by the city were not challengeable. When asked if the city could im pose a fine, Orlowski said that a fine of $500 could be im posed if there was an officer to issue the citation. Kirk Andrews asked that the property be discussed at next month’s meeting because of the recurring nature of the problem. Lucas will send a let ter to the owner relating the council decision and citing tes timony given at the hearing. Council unanimously ap proved city planner K.J. Won’s request that ECONorthwest be hired to complete a survey of economic opportunities as part of the periodic review long-term planning process. In his letter to council, Won said that the study would “have a very signif icant effect in supporting the city’s ability to achieve a jobs- housing balance, maintain a self-sufficient small town identi ty, and manage long term growth.” The study will analyze economic opportunities, update economic development strate gies and make recommenda tion for needed commercial and industrial lands. The project will be funded by a grant from the state Department of Land Con servation and Development. Nuisance Hearing Brian Biehl, chairman of the Banks Planning Commission, wrote to council in October say ing that several new business signs, including the one at City Public comment was accept ed during a hearing to deter mine whether a nuisance exist ed at 263 and 265 Wilkes Sign Ordinance Hall, had been remodeled with out a permit and approval by the planning commission, as required. The controversy sur rounds the definition of the word “remodeled” in the sign ordinance. According to Biehl’s letter, planning commission guidelines for interpreting “re modeled” include changing the size, logo, lighting, color, mate rial, lettering or name. Orlowski said that revision of the ordinance could not be ac complished in a single meeting and that the city should enforce the existing ordinance. Council requested the planning com mission to begin reviewing the ordinance and, at Won’s sug gestion, information about the sign ordinance will be distrib uted with business licenses. Scout Cabin As requested at the last meeting, Candy Deeth and Kathy Jackson brought a pro posal for display cabinets at the Scout Cabin. According to the proposal, the Banks Historical Society would purchase the cabinets to become city proper ty which would be covered by city liability insurance. The contents of the cabinets would be managed by the his torical society and the city would be released from liability for the contents of the cases by a signed agreement with the owner of materials displayed. Deeth said that other informa tion might also be displayed, such as plans for development of the Banks-Vernonia Linear Park terminus. After council ex pressed concern about giving control of city property to a pri vate organization, Lucas said that an agreement for perpetu al use could be drafted. Noting that the cabin is a “fo cal point of Banks", Deeth said it should be used more than it currently is, particularly in light of the money spent to restore the cabin. She told council that the historical society would not object to any kind of arrange ment with the city. Orlowski mentioned the Scout Cabin in Vernonia as a facility with a workable municipal/civic group agreement. Deeth said she will return with more information about a lease arrangement. Hiring Updates The failure of the parks and police levies earlier this month has potential impact on hiring either a city manager or a po lice chief. The budget commit tee will be reconvened to deter mine if funds can be reallocat ed and enable the city to fill these positions. Councilor Katie Murdock reported that inter views were completed October 16, as scheduled. After tallying the results, two candidates emerged as finalists. The com mittee has a follow-up interview and a meeting with the mayor before presenting the results to council. Councilor Ryan Birr said he had received a list of candi dates willing to accept a posi tion as interim city manager. Birr said he would draft a cover letter and short questionnaire for review by council members BANKS F L Pay 2 Months and get 3rd & 4th Months FREE* , Check us out and you'll want to check in! fo r a limited time only. Gates Operate Daily 7 AM - 9 PM Office Hours: Mon-Fri 10 A M -6 P M Sat 8 AM -Noon 140 E O ak W at , B anks • 503 324 0552 Public Works Public works supervisor Tim Grossnickle reported that the design for a bioswale, sewer tap and lateral, for drainage from the library and public works building parking lots, has been approved by the county and Clean Water Services. A bioswale, he explained, is de signed to accept run-off and begin filtration and purification with specific plantings before water enters the storm drain system. Grossnickle told The Indepen dent that the county indicated that it would be several week before they can review the building plans, which means construction is not likely to be gin until next spring. Resident Dorothy Johnson asked why she must have a backflow test even though she does not have an irrigation sys tem, particularly when older homes are not required to have backflow regulators. Grossnick le explained that, because all homes pose a risk of backflow into the city water system, an ordinance requires backflow testing by a certified tester at least once every two years. Grossnickle said he is begin ning to enforce the ordinance and is also beginning to inspect older structures to see if back- flow devices are needed. They are required on all new con struction and on older struc tures that are remodeled. See page 14 | Oak V illa g e ] Laundrom at Move in Truck Available *Special available fo r new cusomers prior to mailing. 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