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HomeMy WebLinkAboutCM081204CITY OF CENTRAL POINT City Council Meeting Minutes August 12, 2004 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Nate Banry, Dick Halley, Kay Harrison, Donna Higginbotham, and Bill Stults were present. Mike Quilty was excused. City Attorney Doug Engle; Public Works Director Bob Pierce; Lieutenant Steve McGee; Community Planner Ken Gerschler; and City Recorder Deanna Gregory were also present. IV, PUBLIC APPEARANCES Don Bestul, SJL Construction and John Murphey, Resident Mr. Bestul is concerned about a trench with stumps and debris created by the original developers of Central Point East. He stated that when they clear cut a section of the property a trench was dug and the debris from those trees was dumped and buried. He stated that the City should hold the developers responsible for this action which is against state code. His company was in the process of constructing a home when the original problem was noticed. It has cost him a considerable amount of time and money to locate all the buried debris and remove it. If the debris had not been found the houses that are to be constructed on this property would eventually have sunk into the trench when the debris decomposed. Mr. Murphy stated that the first stump was discovered under his house. DEQ has been contacted and will be investigating this issue. Mr. Bestul stated that the developers signed an agreement with the City of Central Point stating that they would not clear cut the area. They should be held responsible for the financial aspect of the clean up. They were also told by DEQ that they could not burn or bury the debris. Building Official Lois DeBenedetti stated that the City does not have a code in place to inspect land fill for subdivisions. The City will hold a Study Session on September 20'h, to discuss adopting State Building Code Chapter 33. City Attorney Doug Engle stated that the Developers broke State law and Mr. Bestul could go to court for damages he has incurred. Mayor Williams stated that he would like the City Attorney and Building Official Lois DeBenedetti to bring back more information on this issue at the next City Council meeting. Gil}' of Gc~!lyd Poin! City Coutxri/ Mmutcs August I$100~ . Pagel V. CONSENT AGENDA A. Approval of July 22, 2004, City Council Minutes B. Contract Approval with Pilot Rock Excavation to Construct Sidewalks and a Bike Lane Along 2"d Street. Dick Halley made a motion to approve the consent agenda as presented. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA No items were removed. Mayor Williams changed the order of the agenda to allow time for City Administrator Phil Messina to attend. VIII. BUSINESS A. Oak Street Parking Public Works Director Bob Pierce stated that the City Council was approached by Mr..Mahmoud at their last meeting about parking issues on Oak Street. Mr. Mahmoud owns property next to the Four Oaks Centre and believes that the City should have required the developer or the City to construct full improvements along the entire length of that section of Oak Street. He stated under public appearances on July 22, 2004, that the parking allowed for his family has been reduced because of the improvements along the Four Oaks Centre. At that meeting Council asked Staff to return with options regarding parking for Mr. Mahmoud. Normally, under municipal code provisions, property owners are required to make public improvements along the frontage of their tax lots. The owners of the Four Oaks property paid for all of the public improvements along their property including the alley. Mr. Mahmoud was asked if he would like to participate, at that time he declined. Mr. Pierce presented photos and the current parking available along Oak Street. He stated that with the current parking there are more spaces available for Mr. Mahmoud to park than most residents of the City. Mr. Mahmoud stated that in a letter from the owners of the Four Oaks Centre they informed him that he was responsible for the landscape on the bulb out that was created due to the diagonal parking. He stated that he should not be responsible for the landscape. G'ity o/~C'enl~al Poiitl Ci[y Counr i/ Miuu[cs August /2, 200/ P~ d Mr. Pierce stated that City staff can remove the landscape in question. Council also reassured Mr. Mahmoud that the owners of the Four Oaks Centre were not authorized to send the letter requiring him to maintain the landscape. He was also reassured that he can use the diagonal parking. The Council agreed that the landscape would be removed, and no further decision would be made regarding parking. B. Planning Commission Report Community Planner Ken Gerschler presented the Planning Commission Report for August 3, 2004. 1) The Commission continued a hearing for the preliminary development plan and tentative subdivision for 19 residential lots known as Snowy Butte Meadows PUD. The subject property is located adjacent to Griffin Creek, west of Snowy Butte Lane and north of Beall Lane in the R-1-6 Single Family zone. The development proposes a private street with access from Snowy Butte Lane. One of the tax lots is proposed to be open space for a future park. The continuation resulted in the applicant and the City not having worked out the particulars of a private street and associated improvements. 2) The Commission approved a conditional use permit to allow Albertson's to continue operating an outside garden sales area in the Mountain View Plaza Shopping Center. The subject property is located east of Freeman Road in the C-4 district. A garden center was permitted as part of the original grocery store in 1999 without realizing that language in the code limited nursery and gardening materials and supplies tothe C-5 zone. After extensive discussion about specific products associated with a limited use garden center, the Commission elected to approve the request and impose conditions to restrict its size and limit the garden center to outdoor sales and not storage. VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Resolution No. 1031, A Resolution of the City Council of the City of Central Point, Approving the Proposed By-Laws toForm aNon-Profit Foundation and Authorizing the City to Submit Said By-laws for State Approval. City Recorder Deanna Gregory explained that the purpose of the Foundation is to benefit the City by enabling the Foundation to acquire assets through grants or donations to be used by the City for public park and recreation purposes, and to increase public awareness to understand and preserve the natural resources and Parks 8 Recreation of Central Point. G'i[y ofCcnlrz/ Poin! Cit}~ G'ou»ril Minutes fl ugus[ 12,100~~ P,i~ ~ Ms. Gregory stated that language has been changed through out the document stating that appointments and vacancies will be filled by appointment of the City Council. It was also stated that the last paragraph in the document was redundant stating that the Board and the Park Commission will make recommendations. The Park Commission will be part of the Foundation Board. Removing the Park Commission will clarify the recommendation process. Nate Banry made a motion to approve Resolution No. 1031, A Resolution of the City Council of the City of Central Point, Approving the Proposed By-Law to Form aNon- ProfitFoundation and Authorizing the City to Submit Said By-laws for State Approval with Recommended Changes. Kay Harrison seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. IX. MAYOR'S REPORT Mayor Williams reported that he attended the Mayor's Conference and Vice President Cheney's visit to Central Point. X. CITY ADMINISTRATOR'S REPORT No report XI. COUNCIL REPORTS Bill Stults reported that he attended the Regional Waste Water Meeting. The agreement between RVS and the City of Medford was approved. XII. DEPARTMENT REPORTS Public Works Director Bob Pierce reported that: • the construction of 2"d Street to install sidewalks will begin next week. They hope to be completed with the project by early September. • there will be a preconstruction meeting for Pine/99 inprovements on Tuesday August 17'n • staff will be creating a fire proof tennis court net for Van Horn Park. • library construction is going as expected. • staff will be sending out RFP's for the design of the Beebe Road water line. • they have sprayed alleys in the City with a DEQ approved wood bi-product. Police Lieutenant Steve McGee reported that: 1 the Department has started the process to create a list for new Police Officers. he enjoys working with the new Chief, he has great ideas for the future of the City Police Department. G'ity ofCentrd Point City G'ouncil Minutes Angus! 1l, 2004 Page 5 XIII. ADJOURNMENT Bill Stults moved to adjourn, Nate Banry seconded, all said "aye" and the Council Meeting was adjourned at 8:10 p.m. 1 The foregoing minutes of the August 12, 2004, Council meeting were approved by the City Council at its meeting of August 23, 2004. Dated: g/~~,`` ~~ .,~. i Mayor Hank Williams ATTEST: City Recorder