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HomeMy WebLinkAboutCM091400CITY OF CENTRAL POINT City Council Meeting Minutes September 14, 2000 I. REGULAR MEETING CALLED TO ORDER Mayor Walton called the meeting to order at 7:00 p.m. 11. ROLL CALL: Mayor: Bill Walton Council Members: Garth Ellard, Carol Fischer, Bob Gilkey, David Gilmour, Donna Higginbotham, and Bill Stults were present. City Administrator Jim Bennett; City Attorney Doug Engle; Finance Director Bill Brugger; Planning Director Tom Humphrey; and Deputy Recorder Deanna Gregory were also present. III. PLEDGE OF ALLEGIANCE IV. INTRODUCTION OF GUESTS V. SPECIAL RECOGNITIONS Mayor Walton presented Garth Ellard, Bob Gilkey, Donna Higginbotham, and Bill Stults with a special recognition for all their efforts to help the community. V. MINUTES A. Approval of August 24, 2000, City Council Minutes Donna Higginbotham made a motion to approve the minutes as presented. Bob Gilkey seconded. Roll Call: Motion passed unanimously. Garth Ellard and Carol Fischer abstained. VI. PUBLIC APPEARANCES There were no public appearances. VII. BUSINESS A. Appeal of Planning Commission Decision to Deny a Fence Variance Application for Dennis Murphy, 619 Palo Verde Way Planning Director Tom Humphrey explained that at its regular meeting of Tuesday, August 1, 2000, the Central Point Planning Commission held a public hearing on, and subsequently denied, a Fence Variance application for asingle-family residence located at 619 Palo Verde Way in the Flagstone Subdivision. The denial was based on the applicant's failure to satisfy the required findings of fact for approval of a fence variance. The applicant appealed the decision of the Planning Commission and requested that the matter be set for review before the City Council. The subject property is fenced along both sides and the rear beginning at the front edge of the residence. The fence varies in height from six feet to seven feet eight inches. The applicant's request was based primarily on the difference in grade between the adjoining properties on the north and east sides of the lot. The fence was built at the bottom of the C/TY OF CENTRAL PO/NT CITY COUNC/L M/NOTES SEPTEMBER 14, 2000 PAGE 2 grade on the north and east sections. On the applicant's side the fence is approximately six feet, but on the adjacent properties' sides it is as high as seven feet eight inches. The property owner to the west has complained about the height of the fence. Mr. Humphrey explained that a fence variance may be granted when the strict application of the regulations result in an "unnecessary hardship". Mr. Alan Harper, Attorney Mr. Harper spoke on behalf of the applicants, Mr. and Mrs. Murphy. He stated that the applicant followed the City Ordinance by acquiring a building permit for the fence. The Community Planner approved the fence with an administrative variance allowing it to be built at six foot six inches. He stated that it will cause a hardship to the applicant if they are required to bring the fence down to six feet. Mr. Harper asked if a property owner is required to go onto the neighbors' property in order to measure the height of the fence. There was discussion on where a fence height should be measured. All agreed that the applicants should not be required to trespass on another property in order to measure the height of the fence. Mr. Bill Stewart, Central Point Resident Mr. Stewart is a neighbor and spoke in favor of the fence variance. Mr. James Waterman, Central Point Resident Mr. Waterman is a neighbor and spoke in favor of the variance. Mrs. Joann Lefler, property owner to the east. Mrs. Lefler would like the fence brought down to the legal six foot height. She stated that the fence measures over seven feet in several areas of her yard. She explained that the fence blocks out the sun and is not a neighbor friendly fence. Mrs. Lefler does not feel that Mr. Murphy has told the Council the whole truth regarding this subject. She stated that the fence was half built before he applied to the city for a building permit. Mr. Dennis Murphy, applicant Mr. Murphy explained that he tried to build a nice looking fence that would improve the appearance of the community and because of the uneven grade of two properties he was not able to measure from the adjoining property side. Bob Gilkey made a motion to reverse the Planning Commission decision and grant a fence variance of six foot six inches on the west side fence of 619 Palo Verde Way allowing the east and rear fences to stay at their current height. The fence shall be measured from the adjoining property owners side at grade level. Garth Ellard seconded. Roll Call: Motion passed unanimously. B. Jones Annexation Mr. Humphrey explained that the applicant, Nainesh Patel wishes to annex 1.43 acres into the City of Central Point for purposes of development. This would be an annexation of territory known as 37 2W 01 C tax lots 2800, 2900, and 3200. Mr. Humphrey stated that at this time the property owners of tax lots 3000 and 3300 are not interested in annexation. All annexation criteria have been met. Garth Ellard Made a Motion to Approve Resolution 892, Declaring the Annexation of 1.43 Acres of Land Located on the South Side of East Pine Street, 300 Feet West of Hamrick Road into the City of Central Point. Bob Gilkey seconded. Roll Call: Motion passed unanimously. C. Mayoral Proclamation -Breast Cancer Awareness Month C/TY OF CENTRAL PO/NT' C/TY COUNC/L M/NOTES SEPTEMBER 14, 2000 PACE 3 City Administrator Jim Bennett explained that the Southern Oregon Cancer Awareness Partnership has asked the City of Central Point to proclaim October, 2000 Breast Cancer Awareness Month. Bob Gilkey made a motion for Mayor Walton to sign a Proclamation designating October, 2000, as Breast CancerAwareness Month in the City of Central Point. David Gilmour seconded. Roll Call: Motion passed unanimously. D. Liquor License Application for Walkabout Brewing Company Mr. Bennett stated that the Walkabout Brewing Company has operated as a home brewery in the City of Central Point since early 1997. This application is a change of ownership in name only. Mr. Ross Litton will continue to be the business owner. Bob Gilkey made a motion to approve the Liquor License Application for the Walkabout Brewing Company. David Gilmour seconded. Roll Call: Motion passed unanimously. E. Planning Commission Report Planning Director Tom Humphrey presented the Central Point Planning Commission Report for the regular meeting on September 14, 2000: • Approved a site plan application that would allow-the construction of two four-plex residential units on the northwest corner of Laurel and North Tenth Streets in the R-3, Residential Multiple Family zoning district. The Commission imposed conditions which included the installation of curb, gutter, sidewalk and storm drains and deferring half street paving if necessary until all of Laurel Street can be improved. The applicants will obtain design and half street paving estimates and enter into discussions with the City Administrator about full and/or partial street improvements. Recommendations from FD #3 were also incorporated as conditions to approval. Approved a request by the LDS Church for the minor partition of a 7.9 acre parcel into two parcels, 3.07 and 4.84 acres respectively. The property is located on the southeast corner of Taylor and Grant Roads in the R-1-10. The Commission determined that the findings for approval could be met and approved the proposal subject to staff recommendations including an unrestricted reciprocal access agreement. Approved a site plan application that would allow the installation of a Dutch Brothers driver through espresso stand at the Union 76 Station on the northwest corner of Pine Street and Jewett School Road in the C-4 zoning district. Approval was granted contingent upon the owners recission of an earlier drive through approval associated with the mini-mart. Other conditions included moving the temporary structure north to allow more vehicle queuing, a circulation and striping plan and improving on site drainage. • Continued a public hearing to review a site plan application that would allow the construction of an 80 foot high AT&T cellular monopole behind the Chevron service station at 1510 East Pine Street in the C-4 zoning district. The Commission will reconsider this request at the September 19`h meeting after City and State staff discuss meet with the applicant and adjoining property owners to discuss aesthetic improvements and access issues raised during the public hearing. • Approved a final development plan for the Walnut Grove Village Planned Unit Development (POD). The property is located at 4901 Hamrick Road in the R-3 zoning District. The Commission found that the final development plan was in substantial compliance with the approved tentative plan and granted approval subject to the same conditions imposed upon the Park and with the additional CITY OF CENTRAL POINT CITY COUNC/L MINUTES SEPTEMBER 14, 2000 PAGE 4 requirement that each of the properties bordering an existing farm at 5098 Gebhard Road plant t2 trees in their back yards. Conversion of the Mobile Home Park to a PUD creates a development comparable to The Meadows with individual home and property ownership. Garth Ellard made a motion to approve the Planning Commission Report for the meeting of September 5,2000. Bob Gilkey seconded. Roll Call: Motion passed unanimously. H. Department Reports Planning Director Tom Humphrey reported that: the 2000 Growers Market has concluded as of September 13, 2000. He stated that there has not been enough attendance to attract either vendors or citizens. Next year the Planning Department will try something other than a weekly market Finance Director Bill Brugger presented the first month financial report for the 2000/2001 fiscal year. VIII. CITY ADMINISTRATOR'S REPORT Mr. Bennett reported that: • he and Mayor Walton attended a meeting in Medford with Governor Kitzhaber and had an opportunity to present the TOD project to him. The Governor was very interested in the project. • the League of Oregon Cities (LOC) will be having their annual meeting November 10 -12 in Portland. If any of the Council would like to attend, please let Deanna know so that we can reserve rooms and send in the registration forms. • there will be a conflict in November regarding the Council meetings due to the LOC meeting and the Thanksgiving holiday. He suggested that the Council meetings be held on November 16`n and 30`n, 2000. • he has been working with RVTV regarding televising the Central Point Council meetings. • Code Enforcement Officer Ron Barnett, Chief Sweeny and the School Board have been working together to solve the loitering problem around the High School. • he will be attending the ICMA Conference in Cincinnati the week of September 18`n returning on September 21. Garth Ellard made a motion to continue past 10:00 p.m. Donna Higginbotham seconded. Roll Call: Motion passed unanimously. IX. COUNCIL REPORTS Bill Stults wanted to thank the Council Members who have helped support the Smoking Ordinance. Dave Gilmour explained that there has been a problem with the Central Point Post Office delivering the mail-in ballots. He stated that several citizens have not yet received their ballots. Donna Higginbotham updated the Council on the Senior Program in Central Point. C/TY OF CENTRAL PO/NT' C/TY COUNC/L M/NOTES SEPTEMBER 14, 2000 PAGE 5 Garth Ellard made a motion to recommend that the Park Commission name the new City park on Vilas Road "Don Jones Memorial Park". Bob Gilkey seconded. Roll Call: Motion passed unanimously. Bob Gilkey updated the council on the Talk Radio show with Jeff Golden regarding the Smoking Ordinance. Carol Fischer reported on the Cental Point Chamber meetings. X. MAYOR'S REPORT Mayor Walton reported on: the City of Medford's Street SDC and Utility Fees. his concerns regarding the intersection of West Pine Street and Haskell Road near Mae Richardson School. He feels that this traffic problem should be looked at prior to any construction in the TOD area. Mr. Humphrey and Mr. Ellard explained that the Annexation agreement for the TOD area would provide for a traffic study of that area. RVACT would like to recommend that the communities of Jackson and Josephine Counties work on a 2 cent gas tax to help improve state roads within the two counties. XI. ADJOURNMENT Garth Ellard moved to adjourn, Bob Gilkey seconded, all said "aye" and the Council Meeting was adjourned at 10:15 p.m. Dated: c~/a8/~ ,'~ ayor Bill Walton i ATTESTS /I The foregoing minutes of the September 14, 2000, Council meeting were approved by the City Council at its meeting of September 28, 2000. Authorized Re