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HomeMy WebLinkAboutCM052809CITY OF CENTRAL POINT City Council Meeting Minutes May 28, 2009 1. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. IL PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank ~Iliams Council Members: Allen Broderick, Bruce Dingier, Carol Fischer, Kay Harrison, Mike Quilty, and Matthew Stephenson were present. City Administrator Phil Messina; City Attorney Doug Engle; Interim Community Development Director Matt Samitore; Public Works Director Bob Pierce; Finance Director Bev Adams; Planning Manager Don Burt, and Planning Secretary Didi Thomas were also present. IY. PUBLIC APPEARANCES -None ' V. CONSENT AGENDA A. Approval of May 14, 2009, City Council Minutes Mike Quilty made a motion to approve the Consent Agenda as presented. Allen Broderick seconded. Roil call: Alien Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA -None VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First Reading, An Ordinance Amending Central Point Municipal Code 5.06 Pertaining to Yard Sales City Administrator Phil Messina stated that this is the first reading of an ordinance to amend and update the Central Point Municipal Code to eliminate the requirement for residents to register with the City when they are having a yard sale, maintaining the current limit of three yard sales within a twelve month period, and adding a provision regarding regulations for ttie posting of yard sale signs on public property. Matt Stephenson made a motion to move to second reading an Ordinance amending section 5.06 of the Central Point Municipal Gode pertaining to yard sales. Kay Harrison seconded. Roll call: Bruce Dingler, yes; Carol City of Central Point City. Council Minutes May Z8, 2009 Page 2 Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; Matt Stephenson, yes; and Allen Broderick, yes. Motion approved. B. Resolution Revising the Water, Transportation, Parks, and Storm Water System Development Charges Interim Community Development Director Matt Samitore presented a staff report to Council with recommendations for reductions to system development charges relating to transportation, storm drain, water and parks. This is part of an annual review of charges which are based on what is listed on the City's capital improvement list. Kay Harrison expressed a concern with the elimination of a Community Center. She is worried that it will never be built and that the City will never find a way to finance it. Mr. Samitore stated that they are recommending that it be eliminated from the capital improvement list for this year. If it becomes more of a priority in the future, it can be added back at that time. The feasibility study for a community center has been left on the CIP list if in the event grant funds become available. Allen Broderick made a motion to approve Resolution No. 1209 Revising the Water, Transportation, Parks, and Storrnwater System Development Charges. Carol Fischer seconded. Roll call: Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; Matt Stephenson, yes; Allen Broderick, yes; and Bruce Dingler, yes. Motion approved. C. Resolution to Segregate a Special Assessment in Accordance with the City of Central Point Municipal Code Finance Director Bev Adams stated that the local improvement district assessment for property located at 3275 Snowy Butte Lane has been on the books since 2007. The homeowner is splitting the lot and has asked the City to split the assessment into 4 equal parts. CPMC allows for this split but requires authorization of the City Council. Matt Samitore explained that this is part of a partition by the name of Riley Estates that eventually will be sold off and developed. The property owner is attempting to divest herself of the properties with the recent death of her husband. Kay Harrison made a motion to approve Resolution No. 7210 to Segregate a Special Assessment in Accordance with the City of Central Point Municipal Code 11.04.090. Mike Quilty seconded. Roll call: Kay Harrison, yes; Mike Quilty, yes; Matt Stephenson, yes; Allen Broderick, yes; Bruce Dingler, yes; and Carol Fischer, yes. Motion approved. 1 1 ~rl ~I~ L._.. City of Central Point City Council Minuses May 28, 2009 Page 3 D. Public Hearing -Appeal of Planning Commission Resolution No. 764, a Resolution Approving ,Membership Warehouse Clubs as a Similar Use to Permitted Uses within the M-1 Zoning District Matt Samitore presented an introduction to this agenda item, explaining that it was an appeal from the Planning .Commission to City Council for review regarding a similar use determination for a membership warehouse club within our M-1, or Light Industrial, zoning district. Planning Manager Don Burt informed Council members that they would be reviewing the Planning Commission's decision to allow Membership Warehouse Clubs (MWCs) as a use similar to allowed uses within the M-1 zoning district and allowing the same as a conditional use. Mr. Burt presented background information on the public hearings that were previously held in connection with this matter at the Planning Commission level. Mr. Burt then reviewed the reasons for the Department of Land Conservation and Development's (DECD) appeal of the planning commission decision and discussed the findings with Council members. He defined membership warehouse clubs, explained some of their unique characteristics, and presented a review of six similarity tests that must be applied when considering a similar ' use determination and the criteria to be addressed in making this determination. Mr. Burt further informed Council members that by considering MWCs as a conditional use in the M-1 zoning district, the City has more discretion in determining the compatibility of this use with other permitted uses allowed in the zoning district and would be able to impose conditions to mitigate issues that might arise as part of any proposed development. Following a review of some of the concerns expressed by ODOT, Jackson County, DECD and the City of Medford previously by letter, Don Burt stated that the Planning Commission finds membership warehouse clubs to be similar to those uses permitted in the M-1 zoning district and encouraged the Council to uphold the Planning Commission's determination of similarity. Mayor Williams opened the public hearing. John Renz, DECD representative Mr. Renz complimented Don Burt on an excellent presentation. Mr. Renz stated that Council should have, in their packet, a detailed letter from DECD stating their position on this issue which was previously issued to the Planning Commission. He continued that the position of DECD is fairly simple...it's a process problem that they have. By using the similar use determination, he continued, the City has created a defacto zone change in their own zoning code. Although the code permits a similar use determination by Council, adding a membership warehouse Gub would put a use into code which was not contemplated in the City's traffic system plan, and therefore, not be coordinated under Goal 2. City of Central Paint City Council Minutes May 28, 2009 Page 4 Mr. Renz added that DLCD thinks that the proper process for allowing this use is with a zone change. He encouraged the City to put this into a commercial zone rather than an M-1 zone. DLCD does not think that membership warehouse clubs are similar to other uses because of their extremely high traffic generating capabilities, and they will-have significant impacts on the roads in the area. Mr. Renz encouraged Council to direct staff to put it into a commercial zone and then allow anybody that wants to put that use there come in for a zone change. If you do a zone change, you have to address the transportation planning rule and prepare a traffic impact analysis coordinated with ODOT that will address what is needed. Matt Stephenson contended that as a conditional use, the City has ample control over mitigation of traffic impacts. Mr. Renz then stated that DLCD is having a problem with the process of the similar use determination by adding .a use not listed in the transportation system plan and would prefer that the City add the proposed use to commercial zones rather than this zone. DLCD is taking the position that it is not similar to other uses in the M-1 zoning district because of high traffic generating capabilities that will have a significant impact on the roads in the area. Would like you to direct staff to put it in a commercial zone and then allow anyone who wishes to develop that sort of use to do a zone change. With a zone change, .the City would have ' to address the Transportation Planning Rule and have to do a traffic impact analysis coordinated with ODOT that will address traffic mitigation of the roads. As no one else came forward to speak in this matter, the Mayor closed the public comment portion of the meeting. Matt Stephenson then requested clarification of options available to Council members. Don Burt asked that Council direct staff to prepare a resolution affirming the Planning Commission's decision and modifying the findings to address comments made tonight and bring it back at the next Council meeting for final action. Matt Stephenson made a motion to direct staff to prepare a resolution for the next Council meeting in support of the Planning Commission's decision to approve membership warehouse clubs as a similar use in the M-1 zoning district as a conditional use permit. Carol Fischer seconded. Roll call: Mike Quilty, yes; Matt Stephenson, yes; Allen Broderick, yes; Bruce Dingier, yes; Carol Fischer, yes; and Kay Harrison, yes. Motion approved. Vlll. BUSINESS Council members discussed appointment of candidates for Planning Commission and Citizens Advisory Committee vacancies. Mike Quilty made a motion to appoint Keith Wangle to the City of Central Point Planning Commission. Kay Han•ison seconded. Roll call: Matt 1 CYty of Cerztral Point City Council Minutes May 28, 2009 Page 5 Stephenson, yes; Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kay Harrison, yes; and Mike Quilty, yes. Motion approved. Mike Quilty made a motion to appoint Jeff Pfeifer to the City of Central Point Citizens Advisory Committee and encourage him to be on the Budget Committee. Matt Stephenson seconded. Roll call: Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. IX. COUNCIL BUSINESS Mike Quilty invited Council members to attend a presentation of hydrogen fuel cell vehicles at the Rogue Regency Hotel on Friday evening, May 29, 2009, at 6:30 p.m. This exhibition is being presented on behalf of the Rogue Valley Clean Cities Coalition and the EPA. Kay Harrison inquired about the progress being made towards of a joint meeting between the City Council and the Planning Commission. Matt Samitore responded that a decision was made to wait until after the (membership warehouse club). appeal was heard because we couldn't have discussions about it. 1 X. MAYOR'S REPORT Mayor Williams reported that he: • Missed the study session • Attended the Oregon Fallen Heroes Memorial services on Memorial Day • Attended a reception for Senator Merkley • Attended an ACCESS press conference • Attended an open house at Quail Ridge Retirement Center • Attended a BBQ sponsored by the Rodeo XI. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that there has been interest in helping with the history project. Mr. Messina also attended a Southern Oregon Historical Society board meeting on May 27, 2009, and advised that they have hired a new executive director. In addition, he reported that there will be a lot of activity at Hanley Farm this summer. XII. COUNCIL REPORTS Council member Mike Quilty reported that he: Has been busy with planning a reception for the Rogue Clean Cities group to be held tomorrow at 6:30 p.m. Attended an MPO meeting and they approved a work plan for the year City of Cerstral Poinr City Council Minutes May 28, 2009 Page 6 • Met with transportation managers in the valley from the County and ODOT to discuss a bike path on Highway 62 Council member Allen Broderick reported that he: Attended the study session Attended a Parks & Recreation meeting. He reported that he is excited about the Battle of the Bones competition. Attended a school board meeting Council member Kay Harrison reported that she had: • Attended an MPOlTAC before the study session • Attended an RVSS meeting • Jackson County Roads meeting • Medford Water Commission meeting Fair Board meeting Council member Carol Fischer reported that she had attended the Veterans Memorial service. Council member Bruce Dingier reported that he attended the Council. study session. Council member Matt Stephenson apologized for missing the study session due to a house fire. Mike Quilty added that with regard to the Regional Problem Solving process, Jackson County has been pushing the cities to find a way to guarantee a legal defense fund. Until LCDC accepts the County's comprehensive plan, the plan doesn't do anything and it appears as though LCDC will be on the hook for accepting what is put into the Plan. LCDC would not be defending our interests or the County's interests, they will be defending their own interests. XIII. DEPARTMENT REPORTS Public Works Director Bob Pierce reported that a group of citizens from the Meadows have petitioned Jackson County to do something to repair Freeman Road. Dr. Gilmour has indicated to them that the County is now willing to work with the City. Mr. Pierce stated that the City of Central Point has not heard from the County in an official capacity. Finance Director Bev Adams reported that her department is hoping to get requested information in the mail to the FCS group tomorrow for the water study which has been authorized. In addition, Mrs. Adams reported that training will commence next week for the citywide purchasing project. This matter will be discussed in greater detail at a future meeting. 1 CJ City of Centro! Point City Council Minutes May 28, 2009 Page 7 Matt Samitore reported that the Downtown Beautification group will be planting flowers in the downtown flower boxes this weekend. He further reported that the "Hamazons" concert, a fund raiser for the Downtown Beautification group, raised approximately $1,500 net for a mosaic project at the corner of 2nd and 3r°. For Parks and Recreation, the Veterans Memorial had about 250 people for Memorial Day and it went very well. The Battle of the Bones project is moving along. There will be double the parking this year over last year. Chris Clayton had asked Matt to give Council an update on the State's gas tax and witfi the approval of the same, Mr. Samitore presented the repercussions for the City as far as a local gas tax goes. Mr. Samitore reported further that the City did not get the funds for a water reservoir. Lastly, Mr. Samitore stated that the deadline for applying for grant funds for the Summer Jobs program was tomorrow. In response to a question from Matt Stephenson regarding the placement of benches in Don Jones Park, Matt Samitore said they would lie installed after the landscaping has been done. XIV. EXECUTIVE SESSION -None XV. ADJOURNMENT Mike Quilty moved to adjourn. Kay Harrison seconded. All said "aye" and the Council Meeting was adjourned at 8:45 p.m. 1 The foregoing minutes of the May 28, 2009, Council meeting were approved by the City Council at its meeting of ~ ~ n t ~' 1 ! , 2009. e Dated:6~~~oq u% ayor Hank Williams ATT S City Representative