Loading...
HomeMy WebLinkAboutCAP032212Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingier Ward II Belly Geiger Ward III Ellie George Ward IV 1~llen Broderick At Large Carol Fischer Isay Harrison Administration Phil Messina, CitS~ Manager Chris Clayton, 1~ssistant CitS~ Manager Deanna Casey, City Recorder Community Development Department Tom Humphrey, Director Finance Department Bev 1~dams, Director Human Resources Barb Robson, Director Parks and Public Works Department Matt Samitore, Director Jennifer Boardman, Manager Police Department )on Zeliff, Chief CITY OF CENTRAL POINT City Council Meeting Agenda March 22, 2012 Next Res. 1328 Next Ord. No. 1957 L REGULAR MEETING CALLED TO ORDER - 7:00 P.M. IL PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES V. CONSENT AGENDA Pg. 2 - 7 A. Approval of March 8, 2012 City Council Minutes VI. ITEMS REMOVED FROM CONSENT AGENDA VII. BUSINESS - - - A. Rogue Valley Council of Governments Annual Report VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 9 - 10 A. Second Reading -Ordinance No. , An Ordinance Adding Subsection 12.20.025 to the Central Point Municipal Code to Prohibit the Transfer of Property Between a Pedestrian and Vehicle Occupant on the Vehicular Portion of a Highway (Allison) 12 -16 B. Resolution No. , A Resolution Setting a Public Hearing and Initiating Proceedings to Annex 1.79 Acres Iuiov~ni as SlLyrman C entral Point Arboretum, Identified on the Jackson County Assessor's Map as 37 2W 03 BD, Tax Lots 700 and 800. (Humphrey) 18 - 22 C. Resolution No. , A Resolution Exercising the Power of Eminent Domain For Property Adjacent to Oak Street Parking Lot (Samitore) VIII. MAYOR'S REPORT LY. CITY MANAGER' S REPORT X. COUNCIL REPORTS XI. DEPARTMENT REPORTS XII. EXECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of aii executive session are not for publication or broadcast. XIII. ADJOURNMENT Consent Agenda CAP032212 Page 1 CITY OF CENTRAL POINT City Council Meeting Minutes March 8, 2012 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: Allen Broderick, Bruce Dingler, Carol Fischer, Kelly Geiger, and Ellie George were present. Kay Harrison was excused. Assistant City Manager Chris Clayton; City Attorney Paul Nolte; Police Chief Jon Zeliff; Community Development Director Tom Humphrey; Parks and Public Works Director Matt Samitore; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES -None V. CONSENT AGENDA A. Approval of February 23, 2012, City Council Minutes Kelly Geiger made a motion to approve the Consent Agenda as presented. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA -None VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Second Reading -Ordinance No. 1955, An Ordinance Creating Chapter 11.22 of the Central Point Municipal Code; Making Certain Determinations and Findings Relating to and Adopting the Downtown & East Pine Street Corridor Revitalization Plan, An Urban Renewal Plan for the City of Central Point. Planning Manager Don Burt stated that this is the second reading of an Ordinance creating an Urban Renewal District for the City of Central Point. On February 23rd the City Council held a public hearing and accepted testimony from Citizens. There was discussion that once it became clear that this would not be an additional tax for the Citizens they have not heard any negative feedback from the community. The Council members are very pleased with the education that was provided to the citizens. Council wanted to make sure approval of this CAP032212 Page 2 City of Central Point City Council Minutes March 8, 2012 Page 2 Ordinance in no way determines the lane configuration of the downtown improvements. Mr. Burt assured the Council this does not have any specifics in regards to the lane configuration for any area within the district. Allen Broderick made a motion to approve Ordinance No 1955, An Ordinance Creating Chapter 11.22 of the Central Point Municipal Code; Making Certain Determinations and Findings Relating to and Adopting the Downtown & East Pine Street Corridor Revitalization Plan, An Urban Renewal Plan for the City of Central Point. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. B. First Reading - An Ordinance Regulating Panhandling in Public Right of Ways. Police Captain Kris Allison presented the staff report and the issues regarding panhandling in Central Point. The proposed ordinance would prohibit the transfer of items while a driver or passenger in a vehicle are on a public right of way. This does not apply if the vehicle is legally parked. The driver, passenger and pedestrian could be ticketed if found in violation. This ordinance is recommended by the Central Point Police Department and approved by the City Attorney. There was discussion regarding the Fire Department Boot Fund raiser. Captain Allison and the City Attorney stated that is covered in this ordinance and the fund raising activity is approved at the state level. There will be a lot of educating in the beginning hoping that we will not need to issue citations. Once the pedestrians know that the practice is against the law we hope they will find other sources of income. Bruce Dingler made a motion to pass to second reading an Ordinance adding Subsection 12.20.025 to the Central Point Municipal Code to Prohibit the Transfer of Property Between a Pedestrian and Vehicle Occupant on the Vehicular Portion of a Highway. Ellie George seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. C. Resolution No. 1327, Authorizing the City of Central Point National Pollution Discharge Elimination System Phase II Permit Application Submittal for Small Municipal Separate Sewer Systems Floodplain/Stormwater Coordinator Stephanie Holtey stated that in 2011 the Council held a Study Session regarding the storm water quality program managed by RVSS. Central Point now has qualified employees to manage this program. Staff would like the Council to approve the recommended resolution showing DEQ that they are in favor of taking back the program to manage and control our water quality. CAP032212 Page 3 City of Central Point City Council Minutes March 8, 2012 Page 3 When the City is in control of the water quality program we will be able to expand it. We will also have control over the funds that are paid to manage this program. Currently we do not get an accounting of where the Central Point funds are being spent. The Storm Water Quality fee currently charged by RVSS will be transferred to the City of Central Point as of July 1, 2012. The only difference is the $1 will show on the Central Point Water Bill instead of the RVSS sewer bill. For those citizens that pay their RVSS bill a year in advance a conversion will be worked out with RVSS and our billing department. Staff plans to do public outreach and education on the change in fees to the City so that they are not surprised in July when there is a new fee on their water bill. City Attorney Paul Noltey stated that the Council member making the motion should include the complete enacting clause which is missing from the resolution. The entire enacting clause should read "The City of Central Point resolves as follows:" Allen Broderick made a motion to approve Resolution No. 1327, Authorizing the City of Central Point National Pollution Discharge Elimination System Phase II Permit Application Submittal for Small Municipal Separate Sewer Systems, Completing the Enacting Clause by adding "as follows". Ellie George seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. D. Ordinance No. 1956, An Ordinance Amending Sections 8.08.010 of the Central Point Municipal Code to Provide for a More Efficient and Timely Weed Abatement and Declaring an Emergency. Parks and Public Works Director Matt Samitore apologized that this section was missed last year when he came to update the process for weed abatements. The proposed ordinance removes the effective dates, allowing the City to enforce the weed abatement program at any time of year. The reason he is asking for the emergency clause is because the normal time frame would put the effective date in the middle of May. There are currently issues that the Code Enforcement Officer could be enforcing if this time frame was not in effect. Kelly Geiger made a motion to approve Ordinance No. 1956, An Ordinance Amending Sections 8.08.010 of the Central Point Municipal Code to Provide for a More Efficient and Timely Weed Abatement and Declaring an Emergency. Bruce Dingler seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. VIII. BUSINESS A. Water Conservation Grant Recommendation CAP032212 Page 4 City of Central Point City Council Minutes March 8, 2012 Page 4 Assistant City Manager Chris Clayton presented a letter from Public Works Management, Inc., explaining that the Medford Water Commission (MWC) proposed to increase the price of water to the jurisdictions that purchase from them. That increase is planned for an expansion to the Duff Water Treatment Plant. When the Cities learned that the plant expansions were scheduled without any consideration of the potential impacts of water conservation they expressed concern to the MWC. The goal is to prolong the need for additional water rights and delay the need for expansion of the Duff Water Treatment Plant. The proposal will create committees to research water conservation for all MWC recipients. Public Works Management will be creating a Technical Advisory Committee and a Policy Committee. We will need volunteers from the Council and staff to help with these committees. The goal will be to review ways to conserve water and to avoid unnecessary water rate increases to the outlying cities. Bruce Dingler made a motion to move forward with the water conservation grant and appoint Chris Clayton, Phil Messina and Matt Samitore to the Technical Committee and Mayor Williams to the Policy Committee. Ellie George seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. B. Planning Commission Report Community Development Director Tom Humphrey presented the Planning Commission Report for March 6, 2012: 1) The Commission was given a one year status report of the RV Recovery home duplex which is being used to house up to 15 people transitioning from addiction to self -sufficiency. Convalescent homes are classified as group quarters for rehabilitation or recuperation from disability or illness. The home has housed between 2 to 8 residents during its first year of operation. The applicants have satisfied all previous conditions of approval and the facility has been operating successfully without incident for over a year. 2) The Commission denied an application to remove a mature tree. The homeowners association asked to remove a tree that is interfering with a street light in a sidewalk landscaping strip. In this case the Commission found that the tree was healthy and did not jeopardize the safety of the public. They denied the request to remove the tree and directed staff to consult with the association's maintenance crew when trimming the tree. They agreed that if necessary the street light and not the tree should be moved to eliminate conflicts. 3) Planning Staff reviewed new federal legislation with the Commission at the advice of the City Attorney. The new federal law mandates local approval for modification of "an existing wireless tower or base station." The CPMC appears to be equitable with it comes to this subject. The City has been very creative with CAP032212 Page 5 City of Central Point City Council Minutes March 8, 2012 Page 5 wireless providers when it comes to base station placement at Four Oaks and Twin Creeks. 4) The Commission was informed of the following changes that will come before them this year: 1) Comprehensive Plan and Zoning Map Amendments on Table Rock Road 2) Comprehensive Plan Amendments for a new Regional Plan Element, Urban Reserve Management Agreement, Updated Population Element, and an Agricultural Buffering Ordinance; 3)East Side Transit Oriented Development Master Plan; and various Municipal Code Amendments for Accessory Buildings, ADU's, Building Height modifications and wireless collocation. Bruce Dingler made a motion to accept the March 2, 2012, Planning Commission Report as presented. Kelly Geiger seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. IX. MAYOR'S REPORT Mayor Williams reported that he attended the Council work session and a Medford Water Commission meeting at the Duff Treatment Plant. X. CITY MANAGER'S REPORT -None XI. COUNCIL REPORTS Council Members Allen Broderick, Kelly Geiger, and Bruce Dingler reported that they attended the Council work session. Council Member Carol Fischer reported that she attended the Council work session, the MWC meeting, and the Harry and David's New Look Celebration. XII. DEPARTMENT REPORTS Community Development Director Tom Humphrey reported that the boot camp group are still meeting. They watched a web cast about "Think Big, Act Small" very similar to the discussion we had at the Council work session. If any Council member is interested in watching the web cast he would be able to set that up. Police Chief Jon Zeliff updated the Council on the new members of the Bike Patrol team. Parks and Public Works Director Matt Samitore reported that: • The Open House for the Front Street improvements was this evening. Staff will be leaving the comment portion open for a few more days. • There will be tours to go inside the water reservoir planned soon. If any members or citizens are interested to see inside. CAP032212 Page 6 City of Central Point City Council Minutes March 8, 2012 Page 6 • The Central Point Community Center did not get funding approval with the state this year. We will keep it in the plans and hope for the next legislative session. XIII. EXECUTIVE SESSION -None XIV. ADJOURNMENT Bruce Dingier moved to adjourn, all said "aye" and the Council Meeting was adjourned at 8:20 p.m. The foregoing minutes of the March 8, 2012, Council meeting were approved by the City Council at its meeting of March 22, 2012. Dated: Mayor Hank Williams ATTEST: City Recorder CAP032212 Page 7 Ordinance Prohibiting Transfer of Property between Pedestrian and Vehicle Occupant CAP032212 Page 8 STAFF REPORT To: The Honorable Mayor and City Council From: Kris Allison, Captain SUBJECT: Unlawful Transfer on Vehicular Portion of the Right of Way Date: March 23, 2012 Executive Summary: The recommended Ordinance prohibits the exchange of property between pedestrians and passengers of a vehicle in the right of way of a highway, road or street within their city limits. Staff has conferred with our City Attorney, Paul Nolte, and this ordinance would help the City enforce and prohibit this behavior for the public's safety and increasing environmental issues these intersections are facing. There were no recommended changes at the first reading on March 8, 2012. Recommendation: Staff recommends approving Ordinance No. an Ordinance Adding Subsection 12.20.025 to the Central Point Municipal Code to Prohibit the Transfer of Property Between a Pedestrian and Vehicle Occupant on the Vehicular Portion of a Highway. CAP032212 Page 9 ORDINANCE NO. AN ORDINANCE ADDING SUBSECTION 12.20.025 TO THE CENTRAL POINT MUNICIPAL CODE TO PROHIBIT THE TRANSFER OF PROPERTY BETWEEN A PEDESTRIAN AND VEHICLE OCCUPANT ON THE VEHICULAR PORTION OF A HIGHWAY Recitals: The Words'^°~' +"r^~ ~^" are to be deleted and words in bold are added. The people of the City of Central Point do ordain as follows: Section 1. The following subsection 12.20.025 is added to the Central Point Municipal Code: 12.20.025 Unlawful Transfer on Vehicular Portion of a Highway A. A person commits the offense of unlawful transfer on a highway if the person: 1. While a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city, gives or relinquishes possession or control of, or allows another person in the vehicle to give or relinquish possession or control of any item of property to a pedestrian; or 2. While a pedestrian, accepts, receives or retains possession or control of any item of property from a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city. B. This subsection does not apply if the vehicle is legally parked. This subsection also does not apply to persons participating in a "Pedestrian Activity," as defined in OAR 734 Division 58, for which a permit has been issued by the Oregon Department of Transportation, so long as all terms of such permit are being met. C. Notwithstanding the penalty provisions of 12.20.030, any person found violating this subsection shall be guilty of committing a traffic violation punishable by a fine not to exceed $75.00. Passed by the Council and signed by me in authentication of its passage this day of . 20 ATTEST Mayor Hank Williams City Recorder CAP032212 Page 10 Resolution Initiating Annexation of Skyrman Park Property CAP032212 Page 11 ~~~vr~ '~ y f _._.m - u prey; a ..ter' ._._._ i vl~ ant iraetor Cansi eratio o a resolution setting a public e i °tiatin procee `ngs to ex appr ately 1.79 acres own as S rman Central Point Arboreta and Park. The physical a ass is 4588 and 4604 i way 9/ o Front treat and is i ntiied o the 3acson Co ty Assessor's as 7 0 Tax is 700 and 800. t: t B r i t To p y A , Co ity vlop ant iraetor The City o Central Frit acquired the roerty i 2010 as site desi e as an arboreta park and lea i center. The property has unique t es of trees vegetation that will aka a er t lea in c t for the co unity in the years to co e. The roy ust e e to ova o with the catia 1 arboreta park desi , site i prove ants t applications. one ttac ant rhic Illustration o n Cent 1 oit oret Attar ant esaltio to Initiate x °bit A: ritte escri do of on ibit extio eiction a Schedule a lie Baring y solution to a ex the 1.79 acres awn as S` rman Central Paint Arboretum and Park. et a public hearing t a re 1 Council eeti to consider exatia o the 1.79 acres rope y. CAP032212 Page 12 .® ~ _ °v '~~ ,yI`Utl tai e~~`a'~ L, V .,I::E.f'~G`(''!' vy'l~~yr~ C~ -,` •:~ ~^_ ;cam ~: Oregon state Police Legated ~~ i - ~. - --- -~_ CAP032212 Page 13 .~ - -- i ~ ~. _ I '.®®"iL r ®®I ` ~ __ld I Cit r l taxi l s, n s r tr I i t r t , ly scri i i , is t it i City f nr I i t city i its. r i i uci (t it is u ri u r 2.12 inii t~ ti r c~ i s i t I ci rt x ti . i is t i t cif t cil i ii to ti n 1. r y iially scri i tt c x i its °` it scri ti rya x i it °` °' eati i i T" it tr I in res s s f I i .® lie i t qtr I i t it Heil is s r ril , 2, at ®~. . i t e tr i until a r, it I, i t it t, tr I i r , t r c iv u lie si r~ i t annex ti scri in t ve recitals. II le rs t city er i t r r s ay ar ice f lie tin I i i c i 2.12 (3. ass t cil an si in a tic ti fits s t i ,. r k it i City c r r CAP032212 Page 14 e~ or ® ®8~ r®_~ ® ~ ®®ver-- -___- e _®e®®~ Il r I r I i t t i i t, if ' _ _ °_'i , y, i t , it i t ffi t i t , t xt -- r l r y r i t rl ri II i t n t i_ _. ii" ", rt i r i r r t anti , r i f ri f r i ri ti i u r fil ire t fi t n u t o ~~ rj u r t r 1 . ~° t ~L: ~E . 31, .....,~ .,, CAP032212 Page 15 _- ~ rr ~~ a --~ ~ ®.f C ai 1~ Z' e~ t, t tr~ ~ Flo , 37 th, .~ t ®f t! t rta' t, ~ DA E EM1lT NE PER I 9-597 --® 8 6t°9tlC f I 1 I .'411 ®G _, I .I .? '1. r x.01 P 1 D EL n ~ t'ae . ~, ~~„ ~.---- Survey u`tar 2332 .~`~ya ~,~ 1-~"~ca s a ~ In 5 ~a3~2. 5M Inst. s ^'i;'a ® _ h i -_ ~ ~- __ 12 a~~ IrK9icates a survey FllecB number in the aFFfce aF the ..kacfc~an I Ica a nt r i n~ r In a FFtI car aF c e a2 flied Ih F aF ® tl 1 $ .tl i ®~ 1 (j ~° 11 c Resolution Exercising Eminent Domain CAP032212 Page 17 Parks & Public Work Department STAFF REPORT DATE: MARCH 15, 2012 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MATT SAMITORE, DIRECTOR SUBJECT: Potential use of eminent domain for city parking lot project Matt Samitore, Director SUMMARY:. In 2010 the City received funding to improve two parking lots within the downtown area. The first is located immediately across from City Hall between the alley and Oak Street. What is commonly referred to as the old Burton Pharmacy parking area. The second parking lot is located behind the senior center immediately across from Rogue Valley Council of Governments. The oak street parking lot may require the city to purchase land from the neighboring properties, specially the property owned by Charles Sinyard. The Oregon Department of Transportation asks that we approve a resolution authorizing the potential use of eminent domain if a compensation for the property be agreed upon. The City is still in design and we may not actually need to acquire the property but in order to keep our construction window of next year on schedule this resolution is needed. RECOMMENDATION: Approve the resolution allowing for eminent domain if compensation with neighboring properties cannot be agreed upon. 140 S. Third Street ~~ Central Point, OR 97502 •541.664.3321 Fax 541.664.6384 CAP032212 Page 18 RESOLUTION NO. A RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN FOR PROPERTY ADJACENT TO OAh STREET PARKING LOT Recitals: A. the City of Central point may exercise the power of eminent domain pursuant to City chanter and the Laws of the State of Oregon generally, when the exercise of such power is deemed necessary by the City's governing body to accomplish public purposes for which City has responsibility. B. City has the responsibility of providing safe transportation routes for commerce, convenience and. to adequately seine the traveling public. C The project or projects known as Central Point and Talent Parking Lot Improvements have been plaimed in accordance with appropriate engineering standards for the construction, maintenance or improvement of said. transportation infrastructure such that property damage is minimized, transportation promoted and travel safeguarded. D. To accomplish the project or projects set forth above it is necessary to acquire the interests of the property described in "Exhibit A" attached to this resolution and, by this reference incorporated herein. The City of Central Point resolves as follows: The foregoing statements of authority and need are, in fact, the case. The project or projects for which the property is required and. is being acquired are necessary in the public interest, and the same have been plaimed, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury. 2. The power of eminent domain is hereby exercised. with respect to each of the interests in property described in "Exhibit A". Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law. 3. The City's staff and. the City Attorney are authorized and requested. to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reach, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the Council. Resolution No. _ (032212) Pg 1 CAP032212 Page 19 4. City express reseives its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. Passed by the Council and. signed by me in authentication of its passage this day of , 2012. Mayor Hank Williams ATTEST: City Recorder Resolution No. _ ((_)32212) Pg 2 CAP032212 Page 20 m n 0 z 0 m r I 0 m m 1 I~ UAK 51K~~ ~~ l 1 I ~~ CAP032212 Page 21 CAP032212 Page 22