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HomeMy WebLinkAboutCM032773 City Hall 250 East Pine Street March 27, 1973 The common council met in regular session at 7:30 P.M. with Mayor Jim A. McBee presiding. Roll call found the following councilmembers as present: Hadley, Hamer, Malot, Mills, Snook and Tally. Also present were City Attorney John DuBay, City Administrator Hutton, Recorder Zander, Police Chief Sanders and City Engineer Westwood. A near capacity attendance was experienced of interested citizens. Mayor McBee called for the scheduled public hearing on Mazama Street Im- vol By no question raised from the audience, the Mayor called upon Mr. Westwood for his comments. Mr. Westwood advised that a letter was received from Cecil and Margaret King of Tax Lot 9000 declaring an error on the street front footage. Mr. Westwood advised that the correction has been made and being satisfactory to Mr. & Mrs. King. With no further4uestions raised, the Mayor called for the reading of the proposed ordinance concerning the assess- ments of Improvements on Mazama Street. Attorney DuBay presented the Ordinance and reading in part: "An Ordinance Declaring the Assessment of Property Benefitted for the Cost of Construction of Curbs, Gutters and Paving on Mazama Street from Third Street to Sixth Street in the City of Central Point, Oregon, and Directing the Recorder to Enter a Statement Thereof in the Docket of City Liens and to Publish a Notice Thereof". Again by no questions, a motion was made by Tally, seconded by Hamer to adopt Ordinance #1082 as read. Roll call vote. All in favor motion carried. Ordinance #1082 Declared Duly Adopted. (Mazama Street Improvements) The Mayor called for the Public Hearing on the Appeal requested by Fletcher/ Finch Associates; Conffer 313 Development from the decision of the Planning Commission to deny construction and site plan approval. The Mayor called for any questions for or against the proposal of the Development from the attending citizens. The Chair recognized Mr. Del Curry. Mr. Curry questions the general appearance and stressed that the approximate 100 children living within would or could become a problem crossing the West Pine Street traffic; such as log trucks or fast and heavy traffic. His interest was noted as to the danger of children crossing the street going to and from school. Mr. George Johns, Principal of Mae Richardson School on West Pine Street was recognized by the Chair. Mr. Johns advised that the problem he could foresee is the impact of the additional student increase within the school system. "Our classrooms are now well over capacity and the continuous defeat of elec- tions regarding school bonds for additional classrooms. . . I don't know where we would put an additional student at this time". "Therefore, I'm opposed to the Development". Mr. Herb Stamper spoke and advised that he has discussed the proposed development with many Central Point persons and the majority are opposed to Conifer 313 Development. The reason was the additional taxation for bonding for classrooms 111 to accommodate the added growth. a (). Mr. Bill Brewster of School District 6 opposed the Development as bringing too many dis-advantaged children to our System and this would not be of any asset to Central Point. Two other people spoke of the proposed housing as being of an undesirable ' type of development along with its location. With no further discussion from the floor, the Mayor called upon Mr. Stuart Foster, representative of Conifer 313. Mr. Foster spoke on all issues to the public opinion voiced. Be advised that a national average of children being within this unit would ba_or could be less than 50 children. Also, that Conifer 313 would share the same taxation as any other propertyowner in Central Point. He stated that he did not want any special consideration towards the Development, however, he would appreciate the same treatment as other developers. He mentioned that the firm has complied with all the requirements as to the City Engineer's request as well as the approval by the State Fire Marshall' office of the plans. Mr. Foster referred to the letter dated October 17, 1972 from the Planning Commission to the Council as deniing the project for several reasons; flood plain, density of project, and improper street ventil- ating. Mr. Foster continuously stated that his people have fully complied with the Zoning Ordinance, also with the Building Code. In summation, Mr. Foster stated that he again is wanting the Council to seriously consider the approval of this Development. By no further discussion m comments from Conifer, City Attorney DuBay stated that the only satisfactory way for com- pliance is specified under Ordinance #1068 and its seven items (the sections were read). Discussion held. Motion was made by Tally, seconded by Mills to deny the project based upon Ordinance #1068 and not complying with Sections 3, 5, and 7. With no questions and by roll call vote the all in favor motion •carried. Mr. Foster was again recognized by the Chair and asked for a letter from the City stating the areas that Conifer 313 failed to comply with. The Mayor stated this would be done. Next on the Agenda was the item calling for a public hearing on the proposed ordinance on annexation of several parcels of land; namely, Dobrot Way. Discussion held. By no further questions raised Attorney DuBay read the prepared Ordinance and reading in part: "An Ordinance Declaring the Council's Intent to Annex a Parcel of Land to the City of Central Point without an Election of the Registered Voters in the City of Central Point or in the Area Proposed to be Annexed and Setting the date for Public Hearing Thereon". Motion was made by Hadley, seconded by Tally to adopt Ordinance #1083 as read. Roll call vote. All in favor motion carried. Ordinance #1083 Declared Duly Adopted. (Dobrot Way) Mayor McBee referred to the next item- Petition for Annexation of a Parcel known as "Church of Christ Property" located on Scenic Avenue. Discussion held. By no questions raised Attorney DuBay read the poposed Ordinance and reading in part: "An Ordinance Declaring the Council's Intent to Annex a Parcel of Land to the City of Central Point Without an Election of the Registered Voters in the City of Central Point or in the Area Proposed to be Annexed and Setting the Date for Public Hearing". On closing discussion, a motion was made by Mills, seconded by Hadley to adopt Ordinance #1084 as read. Roll call vote. All in favor motion carried. Ordinance #1084 De- clared Duly Adopted. (Church of Christ Property) . Mayor McBee referred to another proposed Ordinance calling for a public hearing on intent to annex certain property. He then called upon City Attorney to read the prepared ordinance. Atty. DuBay reading the proposed Ordinance and reading in part: "An Ordinance Declaring the Council's Intent to Annex a Parcel of Land to the City of Central Point or in the Area Pro- posed to be Annexed and Setting the Date for Public Hearing Thereon". Mayor McBee called upon Mr. Robert Russell, petitioner to detail the area. Mr. Russell advised that the parcel of land is approximately 10' plus in width and extending the full length of Horn Creek Subdivision and is owned by Mr. Marion Hull. By no further questions, motion was made by Hamer, seconded by Snoop to adopt Ordinance #1085 as read. Roll call vote. All in favor motion carried. Ordinance #1085 Declared Duly Adopted. (Horn Creek) Mayor McBee referred to the three items of recommendation from the Planning Commission for Council consideration. These are: #1. Valley Estates Sub- division, Unit #1 for final plat approval. Chairman Bowers was recognized by the Chair and stated that the Planning Commission recommends the passage or acceptance of the final plat on Valley Estates Subdivision Unit #1 and complimented the Developer as being very good to work with during some crucial moments of indifferences; with high regard to Mr. Tom Malot, Mr. Bowers wished him success in all of his endeavors. Discussion followed. Motion was made by Hadley, seconded by Tally to accept the final plat of Valley Estates Sub- division. Unit #1. Roll call vote. With "ayes" Hadley, Hamer, Mills, Snook and Tally. Councilmember Malot abstained from the vote. With the affirma- tive vote, motion was carried. Item #2 - Germann Off-site Sewer Use charges, also recommended from the Planning Commission for Council action. The Mayor referred to a late correspondence from Mrs. Lula Germann indicating an objection to the fee the Planning Com- mission had agreed upon for connects. Discussion held. It was the Council's request that Atty DuBay study the possibility of making payment to Mr. and Mrs. Germann from City funds being withheld of Mazama Village costs and paying the $25.00 per connect as recommended. The issue was tabled awaiting the legal opinion, and to be discussed at the next regular meeting. Item #3 - Horn Creek Subdivision. Mr. Robert Russell, developer, was called upon concerning any additional acquisition of property for proper ventilating of traffic flow of the proposed development. Mr. Russell informed all that the question now appears to be a legal opinion as whether a residential lot can be used for street purposes when "Protective Covenants" appear in recorded deeds of plated Development. Discussion held. Mayor McBee read the decision of the Planning Commission and their reason for deniing the Development. "I want this to go on record in deniing the approval pending clarification of proper egress and engress of Horn Creek Subdivision". The Mayor, at this time, advised that Mr. Russell's attorney and Mr. DuBay work together in an attempt to solve the problem; and if so, report their decision at the next meeting. The Mayor referred next to a previous inquiry made regarding Fire Department status to any compulsory civil service involvement. Attorney DuBay advised /11 that he researched the question and advised that if the City exceeded four (4) full-time employees, the City would be required to provide Civil Service for the Fire Department. Mayor McBee referred to correspondence received noting a letter from Tom Phelps. The letter announcing the withdrawal of intent to annex certain property located on Hopkins Road as previously applied for. The Mayor and Council acknowledged this request for withdrawal. Mayor McBee advised next that the finished product of "Street Construction Specs." have been presented by City Engineer Westwood who recommends the Council study all aspects of the text before making any decision. It was recommended that Mr. Westwood meet with the Public Works Supt. , City Administrator and the Street Committee and make a page-by-page study before any Council action be taken. It was agreed by Chairman Hamer of the Street Committee to meeting at City Hall on March 29th at 7:30 P.M. on the issue. Mayor McBee presented a final billing from Paulsen & Gates on sound and recording equipment. Discussion held. It was the opinion of the Council that a price comparison be made of the equipment along with other possible bids. Mayor McBee instructed Councilmembers Snook and Tally to explore the competitive market as to the request made by the Council. Mayor McBee advised that a request was made at a late time (letter from Margaret Naples) asking that some consideration for rezoning the balance of certain property lying east of Amy Street to Haskell Street and south of Pine Street from present R-3 to M-l. The Mayor advised that the M-1 Zone would be more compatible for limited industrial use as a present R-3 Zone (Residential). Discussion held. Motion was made by Tally, seconded by Hadley to call for a public hearing on changing the zoned area from R-3 to M-1, property boundary being south of Pine Street to Cedar Street and from Amy to Haskell Streets. With an all in favor, motion was carried. Mayor McBee called upon Mr. Alfred Burgoyne, resident of Old Stage Road requesting road easement or use. Mr. Burgoyne advised that he owns acreage adjacent to the City granite pit property and would enjoy having assessibility to the remote portion of the property by the use of the granite pit roadway. He further stated that the City has given easement to a Mr. James Smith and is believed that this person had originally built the road. Mayor McBee asked what the intent may be to Mr. Burgoyne if the City was to grant a road use? The gentleman replied that there is some thoughtof selling no more than eight parcels of land for development. However, if for no other reason it would provide a fire trail. Discussion held. It was the Mayor and Council's intent to allow the City Attorney to explore the situation and gesent the information at the next regular meeting. Also for the Street Committee to make an on-view study prior to the next meeting. Mayor McBee advised that two additional bills to be paid have been carried over from the last meeting; one, the City of Medford Sewer charges, the other, the salary adjustment for Joe Chastain. Discussion held. Motion made by Snook, seconded by Hadley to allow the salary increase as presented and to transfer the funds from the Contingency Fund into the proper account. With all in favor, motion carried. Motion was made by Mills, seconded by Malot to approve payment as presented of sewage treatment charges to the City of Medford. With an all in favor, motion carried. Mayor McBee called upon Mr. Hutton as to his report of the Salary Analysis on /71 City Employees. Hutton presented his report to each councilmember for their study. Some discussion held. Mr. Frank Bruce, developer of Sierra Vista Subdivision Unit #1 and Unit #2 requested proposal to amend restrictive convenants to Temple Court and Sierra Vista Subdivision. Discussion held. Attorney DuBay advised that there were no unforeseen problems in acting on the request. Motion made by Hamer, seconded by Hadley to accept the presented covenants as requested. With all in favor, motion was carried. Mr. Ray Childers of 310 West Pine Street was recognized by the Chair; advised "00 that he was asked to appear this date regarding the Planning Commission decision 1= on the complaint as to the building construction of Independent Baptist Church invading his privacy. The Mayor advised that the Planning Commission denied .the 11-foot high fence; however, a trellis would be permissible. Discussion held. Councilman Tally stressed the severe injury to property of Mr. Childers br allowing the "two-story" building so close to another property. It was the opinion of the Mayor and Council that the Street Committee further their study in an effort to reach some solution to the problem and to report back to the Council. Mayor McBee called for any further business to be brought before the Council. With no further business to be brought before the Council a motion was made by Malot, seconded by Hadley to adjourn to the next regular meeting or to the call of the Mayor. With an all in favor, motion was carried. Meeting adjourned at 10:42 P.M. f ' APP 00 or Attest: 040. City Recorder • Approved by me this de 0 day of VA. L , 1973. e APPro ►�!, .yor.