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HomeMy WebLinkAboutCM050972 City Hall Council Chambers May 9, 1972 250 East Pine Street Central Point, Oregon The common council met in regular session with Mayor Robert Manasco presiding. Roll"call found the following councilmembers present: Hadley, Hamer, Rowe and Tally. Absent being Almquist and Russell. Also present were City Attorney Mansfield, City Administrator Hutton, Recorder Zander, City Treasurer Tate, Police Sergeant Corliss, Building Inspector Chastain and approximately 20 citizens of concern. ~ First item of business the Mayor referred to was the letter of resignation of ~ Councilman Rowe. Mayor Manasco advised that the councilman is no longer a free- V' holder and according to the City Charter this would disqualify him to serve. U Discussion held-. Attorney Mansfield advised that the City Charter is in conflict -with the U.S. Constitution and a Supreme Court ruling.' By the advice of City Attorney, the Council may accept or deny the resignation of Councilman Rowe. Attorney Mansfield further stated that a letter would be forthcoming from his office"to the City Recorder directing him to accept candidate petitions from persons of non-freeholder status seeking to run for City Mayor or Councilman in upcoming elections. Discussion held. Motion was made by Tally, seconded by Hadley to deny the resignation of Councilman Rowe. Roll call vote: Hadley-yes, Hamer yes, Rowe abstained, Tally yes. By,.majority vote in favor, ®, of"the motion, the resignation was denied. ' Mayor Manasco referred to the reading of the Minutes of Regular Meetings of April 11th and April 25th. Referencing April 11th; last page, second paragraph last sentence- correction requested as "Councilman Tally". He next referred to April 25th Minutes of page 1, paragraph 2, second sentence and correction re- qu`ested` asi "City Staff would not give him a receipt showing that all assess- ments`against his property." Mayor Manasco ref erred to the same page third paragraph, second sentence and striking the word "designation" and adding the word "r;esignation". -With no further corrections or questions a motion was made by`Tally, seconded by Hadley to adopt the Minutes as corrected. All in 'f avor, motion carried. At this time Mayor Manasco read a letter of resignation signed by Councilman -- Dave`Almquist requesting that the Mayor and Council accept the request. Coun'clmari Almquist had givens'-the readon for resignation due to having to move to Canyonville, Oregon through his employment. Motion made by. Hadley, `seconded~by Hamer to accept Councilman Almquist's resignation. Al1-in favor motion carried. Councilman Rowe asked that a letter of appreciation be presented to Mr. Almquist for his long and faithful serv~:ce to City Government. City Administrator Hutton was asked to prepare such a document at the Mayor and Council's request. Mr.•Hutton announced that he had received a verbal resignation from Ray Novasad, Planning Commission member as well as Budget Committee member. He advised-that Novasad-'is moving to Klamath Falls. Motion was made by Hamer, seconded by Tally to .accept the verb al .resignation of R. Novasad. With an all in favor, motion carried. ~~ Mayor Manasco next referred to the scheduled Public Hearing as advertised: Withdrawing recently-annexed property from the Bear Creek Valley Sanitary Authority and from the Central Point Rural Fire Protection District property commonly known as "Elk Farms, Inc." The Mayor called for any questions from the attending audience. None noted, he then called for discussion by the Council. After the discussion Mayor Manasco declared the public hearing closed. City Attorney read the proposed ordinance and reading in part: "An Ordinance Withdrawing Real Property Described Therein from the Bear Creek Valley Sanitary Authority and the Central Point Rural Fire Protect- ion District". Motion was made by Rowe, seconded by Hamer to adopt Ordinance #1046 as read. Roll call vote, all in favor. Motion carried. Ordinance #1046 Declared Duly Adopted. Elk Farms, Inc. Mayor Manasco called for the announced Public Hearing on an area of petition- , ed land for annexation commonly known as "Snowy Butte Orchards". The Mayor .recognized Mr. Lawrence Leonard, petitioner for annexation. Mr. Leonard stated that this annexation would mean better planning for future develop- , went and avoid the "fragmenti-type" annexation. He also stated that he is presently pasturing 25-50 head of sheep, and was wanting the opinion of the Council on behalf of being accepted with the existing livestock. Attorney Mansfield advised that the individual annexation could be accepted as is. However., as of today; there are no,complaints of nuisance but as develop- ments and improvements surround the area, it may well be declared to be a nuisance in the future. Therefore the sheep-raising would be an existing condition until a complaint was made. Discussion held. Councilman Rowe again mentioned that the area under consideration for annexation would be coming in without water and sewer service, and that water would be most difficult to ever serve the area. It was also mentioned that in past meetings the subject had been brought up and that all petitioners were in- __ formed of the situation. With no further questions, the Hearing was declared closed. At this time Attorney Mansfield read the proposed ordinance, and reading in part: "An Ordinance Annexing a Contiguous Area to the City of Central Point, Oregon'". Motion was made by Hadley, seconded by Tally to adopt the proposed Ordinance as read. Roll Call vote. rAll in favor motion carried. Ordinance #1047 Declared Duly Adopted. Snowy Butte Orchards . Mayor Manasco declared this portion of the meeting to be a Public Hearing as advertised on the proposed annexation of a tract of land commonly known as part of the "Cupp Property", petitioners being Western Consolidated Develop- Ment Corp. Discussion held.- By no questions from the attending audience and no further discussion from the Council, the Mayor declared the hearing closed. Attorney Mansfield read the proposed Ordinance, and reading in part:`' "An Ordinance Annexing a Contiguous Area to the City of Central Point, Oregon': Motion was made by Hamer, seconded by Tally to adopt Ordinance #1048 as read. Roll call vote with an all in favor. Motion carried. Ordinance #1048 Declared Duly Adopted. (Cupp Property . Mayor Manasco next referred to Old Business as agreed upon the Council.. Mr. Jim Hannon of California-Pacific Utilities was present and spoke on a renewed long-term or perpetual agreement franchise with the City. Dis- cussion held. It was noted. that the present Franchise Agreement expires t .. .June', 1972. -By indication-of the Council, it was believed that anything longer than 10 years would be renewable for any incoming Council to accept. Further discussion held. Motion made by Tally, seconded by Rowe to renew the'Agreement Franchise for a 10- ear stud the Y period, and for Attorney Mansfield to y proposed contents. prior to•Council presentation. all•in'f avor, motion carried. By roll call vote, The Mayorereferred:to oral and written Communications: Mrs. Willie4Germann •~Pine Crest Sizbdivision~ was recognized and spoke of sewer line installation of:.Pine Crest Sub. and off-site ro ert tlie..service line. Mrs. Germann proposed that?someorepmbursem~nt should be a considered if the line should be of convenience to other developers. Mrs. Germane informed Council that during the time of subdivision plat engineering, ~@ the City demanded the increased size from the 6" required to an 8• " present L,;7 sewer line for future use to serve additional axeas.. Discussion held. Mayor ~ Manasco requested that all:?,records be secured and minutes of past meetings .re.lating to the Pine Crest Subdivision be presented for further study before: the. Council before rendering any decision regarding reimbursement.. Both Mr. and Mrs. Germane agreed to the Mayor's request. Mr. LeRoy Nelson advised that he is experiencing difficulty in obtaining City •Sanitary Service at his commercial business "Roy's Small Engine .Repair" on North Third Street. He stated that City Sanitary Service refused a i-can pickup twice weekly stating however, that the can but`only on Wednesdays in spite of-the fact that hephas observedsservice week near hi s. business several times each week. Attorney Mansfield was instructed to study. the agreement on commercial accounts to determine any violations by not servicing commercial accounts twice a week. Mayor Marasco referred to written communication and read a letter of resig- nation'sgned by Dale Bartley requesting immediate termination from the Central Point Regional Sewer Rate Committee as representative. Mayor Manasco advise d: that he had contacted Tom Malot-and that he is willing to serve on this:.Committee. .Motion was made by Hamer, seconded-by Hadley to accept the resignation of•Mr. Bartley and approve the appointment recommended by the Mayor of Mr'. Tom Malot. All in favor motion carried. Mayor Marasco spoke of correspondence from Governor Tom McCall on Federal Revenue-Sharing. He stated that.a bill is before the House and Senate at -the present time for passing.' The Mayor instiu cted the Council that a•study of the bill should be considered before any decision of support will be voiced. -=Mr.:Huttori read the Water Study report of City Engineer~Wes wood. The report mentioned that feasibilities for: the Cityfs own water supply could be:. The Rogue-River, Applegate River or earth drilling. The fee for furthering study on these sources would be X13.00 per hour or X156.00 per source. The Mayor and`Council agreed that the study be pursued on Rogue River and also the possibility of wells. , Mr Sutton referred.to the proposed City Sidewalk'Program. Discussion held. It'was mentioned that any new buildi property would require sidewalks andnallenewtconstructio~ wimthineanytpresent ''('~ subdivision would comply to sidewalk provisions. Mr. and Mrs. Frank Bruce were recognized and opposed the program: that certain areas would have sidewalks and others may never have them. Mr. Noel.Moore spoke of not f avoring such a proposal as it would be a~"spotted" situation within his. present subdivision West Pine Villa . Mrs. Tom Malot stated that such a proposal would only create a financial hardship on the business as generally, the builders have prior commitments as to the construction costs. Dis- cussion held. .Councilman Rowe stated that we need a Uniform Sidewalk Policy program and this could be the starting point for a "city-wide side- walk program". Councilman Tally advised that he would favor a program but no t. including the present half-developed subdivisions or portion thereof. Discussion continued. Motion made by Rowe, seconded by Hamer that side- walks be installed whenever new building permits are ~~issued throughout the City. The Mayor called for any questions on the motion. It was stressed that this proposal would not be declared as an."emergency". Attorney Mansfield advised that by not declaring the emergency, it would be 30 days for such an ord~.nce to become effectual. More discussion held. Mayor Manasco called for roll call vote. Councilman Hadley no, Hamer yes, Rowe yes, Tally no. Tie vote. Mayor~Manasco voting no,.the motion was . denied. Mayor"Manasco. ref erred to Subdivision Sidewalk standards. Discussion held. It was pointed out that the proposed ordinance would relate only to side- walks,within subdivisions since January 1,'1972. Also, that whenever build- ing permits are issued, the sidewalk stipulation would become a part of the initial building permit. Motion was made by Hadley, seconded"by Tally to adopt. Sidewalk Standards within subdivisions. By roll, call vote, all in favor motion carried. Mayor Manasco advised. Attorney Mansfield to prepare the proposed Sidewalk Ordinance for presentation at next Council Meeting. City Administrator Hutton presented a proposed agreement for Council consider- ation from Bear Creek Valley Sanitary Authority for the service use of the old sewer trunk line on Vilas Road. .The agreement prepared by Manville.Heisel, Attorney for B.C.V.S.A. indicated a city value of X10,400.00 for"the pipeline. Discussion held. Mayor Manasco advised that the Sewer Committee. conduct their study with recommendations before any acceptance or endorsement of the agreement be considered. At this time Mayor Manasco referred to proposed amendment of Ordinance #723 ~10.2~ relating to bdivision Standards. Discussion held. Attorney Mans- field read the proposed Ordinance and reading in part: "An Ordinance Relating to Subdivision Standards and Procedures and Amending Ordinance No. 723 ~10-2, Code of Central Point, 1967 ". Motion made by Hadley, seconded by Rowe to adopt the proposed Ordinance as read. Roll ca)[-.vote, all in favor motion carried. Ordinance #1050 Declared Duly Adopted. The Mayor referred to vacancies in both the Council (1 position and Planning Commission (1 position. Discussion held. Councilman Tally advised that Mr. Jim McBee would be willing to serve and recommends the name to be con- sidered. With no additional candidate names available, the Mayor advised that the matter should be tabled for additional interested persons willing to serve their City~Government. " . 9'` r-i. C,~ Mr. Hutton reported that many home occupations doing commercial business are and have been on residential sewer rates and advised that Commercial rates should .apply. Discussion held. Mayor Marasco recommended that the Sewer .Committee further the study and present their recommendation. Mr:'Hutton reported that on May 8th a meeting was held at the~City Hall with Freeman Road outside City residents concerning their sanitary sewer problems. Mr. Hutton stated that approximately 30 persons were present and also officials from-the County Health Department ~Dr. Dierker~. He stated that a general dis- cussio~n .was held relating to sewers and utilities if annexed. He further stated that-since the meeting, 3 property owners Lamb, Anhorn, and the Kincaid properties have petitioned for annexation. Discussion held. Mr. Hutton next referred to a request and recommendation from City Judge John Chaney that fees for Court-appointed lawyers be increased. The recommendations. be~that for attorney service for indigent persons be paid X25.00 for a "guilty" plea:, and X50.00 for a "not guilty" plea. Mr. Hutton advised that the present budgeted operation is $25.00 attorney fee regardless. Discussion held. Motion made by Hadley, seconded by Rowe to adopt the attorney fee recommendation as proposed. All in favor motion carried. Councilman Hamer advised that he would like to see the City Park restrooms be painted and put in shape before the Season begins. Mr. Hutton stated that this is being done and will be completed within a few more days. The painting has already been completed. Councilman Rowe reminded that the Fourth of July Activity Committee could use the normal City-contribution towards the program at any time. Discussion held on the Bills to be Paid. By no further questions, motion made by Hadley, seconded by Rowe to pay the bills as presented. All in favor motion carried. With~no further business to be brought before the Council, the meeting was adjourned by the Mayor. The next Council meeting will be on May 23, Meeting adjourned at 11:28 P.M. 1972 at 7:30 P.M. Warrant No. 6622 Gary R. Rosenberger 6623- ~" Payroll Account 6624-~ Payroll Account 6625• Payroll Account 66'26-', Payroll Account 6627• Wm. A. Mansfield 66'28x: -" Volunteer Firemen 8629• ~ " Robert E. Marasco 6630 Dave Almquist $ 10.00 281.32 795.00 196.00 345.84 265.00 275.00 20.00 20.00 Warrant No;. _ 6631 Daniel Hadley ~ 20.00 6632 Orville. Hamer 20.00 6633 L. L. Rowe 20.00 6624 Bill ~L. Rus-sell 20.0,0 6635 Howard Tally 20.00 6636 Addressograph-Multigraph Co. 4.7,0 6637 -Jack L. Sanders 120.00 6638 Petty Cash 88.01 6639 American Linen Supply 70.92 6640 Attig and Zimmerlund 13.80 6641 Atlantic Richfield Corp. 11.69 6642 American LaFrance 134.9,5 6643, Badger Meter Mfg. Inc. 1,926.20 6644 Bear Creek Valley Sanitary Authority 51.05 6645 Beaver Electric & Plmb,. Supply Co. 20.58 6646 Barco Supply Co.., Inc. 106.85 6647 Automotive. Machine Co. 14.64 6648 Budge-McHugh Supply Co. _ 205.15 6649 J.R. Chastain 12.76 6650 Central Point Cleaners 44.35 6651. Continuing Educations Publications 11.50 6652 Central Pump Company . 55.55 6653 Courtesy Chevrolet _ 54.00 6654 California-Pacific Utilities 68.53 6655 Central Point`Pharmacy 4.86 6656 Roger Johnathan Freeborn- 10.00 6657 Farrell's Glass Service 15.00 6658 Grange Cooperative Supply Assn. 63.69' 6659 Gorden Hardware 85.02. 6660 Hydrotex 92.40 6661 Howard Cooper Corp. 74.48 6662 Halo Enterprises, Inc. 36.84 6663 Jackson County Library System _ 239.;02 6664 Dept. of Revenue, State of Oregon 127.00 6665 Jim's Drive In 27.45 6666 Harris Uniforms 38.90 6667 Keith Schulz's Garage 141'.20 6668 M.C. Lininger & Sons, Inc. 47.50 6669 NL Industries, Inc. 17.50 6670 Lithia Motors, Inc. 159.65 6671. MuniChem Corp.. 56.08' 6672. Medford Stationery Store 29.00 6673 Marquess & Marquess 107.44 6674 Mason's Maintenance 85.00 6675. McLaren Oil Company 24.96 6676_ Mitchell's Gas for Less _ 331.94 6677. McDonald Candy Co. 7.56 6678, Moore's Audio Visual Center, Inc. - 15.54 6679. William A. Mansfield 100.00 ~:' Warrant No. 6680 Medford Printing Company 158.71 6681 National Brake and Muffler 3.75 66'82 Medford Water Commission 3,713.79 6683 Petty Cash 60.72 6684 Pat & Mike's Builders Serv. 28.46 6685 Power Transmission 3.37 6686. Ray E. Stewart, Assessor 29.43 6687: Rogers Machinery Company, Inc. 32.73 6688 Rogue Fire Training Assn. 36.00 C~ 6689 Courd Allen Samples 6.00 Q'-~ 6690- Southern Oregon Trophy Co. 2.50 ~ 6691 Sherwin Williams Co. 16.80 6692 Sam Jennings Company, Inc. 7.75 ~ 6693 Southern Oregon Stationery 314.68 6694 Tru-Mix 57.12 6695 Winniford Communications 599.90 6696 Waterworks Supplies Co. 30.86 6697 Xerox Corp. 83.64 6698 Xerox Corp. 60.00 6699 Pacific Power and Light Co. 1,196.92 6700 Pacific Northwest Bell Tele. Co. 415.08 6701 Petty Cash 400.00 6702 Dept. of Motor Vehicles, State of Oregon 40.00 6703 Mitchell's Gas for Less 46.43 6704 Standaxd Oil Co. of California 69.70 6705 U.S. Natl. Bank, Central Point Branch 57,653.35 6706 City of Medford 2,430.13 Approved ayor --~ Attest. City Record r Approved by me this t' }~,,, day of ~ M.\~,' , 1972. Approved ayor 1