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HomeMy WebLinkAboutCM082699CITY OF CENTRAL POINT City Council Meeting Minutes August 26, 1999 I. REGULAR MEETING CALLED TO ORDER Mayor Walton called the meeting to order at 7:00 p.m. ll. ROLL CALL: Mayor: Bill Walton Council Members: Garth Ellard, Carol Fischer, Bob Gilkey, David Gilmour, Donna Higginbotham, and Bill Stults. City Administrator Jim Bennett; City Attorney Doug Engle; Public Works Director Lee Brennan; Finance Director Bill Brugger; Police Chief Mike Sweeny; Building Official Lois DeBenedetti; and Administrative Secretary Deanna Gregory were also present. III. PLEDGE OF ALLEGIANCE IV. INTRODUCTION OF GUESTS V. MINUTES A. Approval of August 12, 1999. City Council Minutes Carol Fischer noted a correction to page 2 of the minutes regarding the motion to authorize the installation of stop signs at Cherry and 4th Streets. When the roll was taken, Donna Higginbotham voted against the motion. Garth Ellard made a motion to approve the minutes as corrected. Carol Fischer seconded. Roll Call: Motion passed unanimously, with David Gilmour abstaining. VI. PUBLIC APPEARANCES There were no Public Appearances. VII. BUSINESS A. Review of Planning Commission Decision Approving a Site Plan Review for Central Point Perk. (Bennett) City Administrator Jim Bennett reported that, at the Council meeting of August 12, 1999, the Council decided to review the Planning Commission decision approving a Site Plan Review application for Central Point Perk. The business is located on the north side of E. Pine Street west of Ninth Street. The approval allows the applicant to construct adrive-up window for the Central Point Perk along the east side of the building subject to specific conditions of approval for off site and on site improvements. At that time, the Council cited concerns with the ability of the applicant to satisfy some of the conditions of approval which require the consent and/or participation of the property owners. The conditions of the Planning Commission were: 1) the applicants must enter into an agreement with the City for the use of two feet of public right of way that they need to complete the project; 2) the City Council must also approve a change of traffic flow on the alley located north of the property to one way west bound traffic, as well as come into an agreement with the property owners for a Local Improvement District for the alley improvements; 3) the applicants would be responsible for improving the drainage on the property, with a three inch minimum pipe size for the run off, as well as a retaining wall, and improvements on the sidewalk, building permits for the structure, and paving the drive up window; and 4) the property owner would be responsible for improving the front drive way apron. City of Central Point Council Minutes August 26, 1999 Page 2 The Council discussed the conditions of approval and the public improvement requirements for the property. Public Works Director Lee Brennan commented on concerns over making the alley one-way to the west. He stated that at the present time there are vehicles and dumpsters located in the alley illegally. When they are removed, delivery trucks should not have a problem accessing the alley from Ninth Street. Mayor Walton asked for public input. Robert Bluth 2594 E. Barnett Suite F. Medford OR Mr. Bluth stated that he is the attorney representing Mr. and Mrs. Brown, business owners of Central Point Perk. He argued that the applicants should not be required to make the public improvements required by the Planning Commission to the property that they are leasing. He stated that, if the applicants are required to pay for the improvements, they will not be able to construct the drive-up window. He requested that the Council remove all the conditions except for paving of the drive up window. He did not feel that it was legal to require the applicants to enter into a lease for public right-of-way because that portion of Ninth Street has been vacated to the property owners. City Administrator Bennett presented a memo from Abby's Pizza stating that they are against the alley being one-way to the west. The memo stated that delivery drivers will not be able to turn into the alley from Ninth Street due to obstructions in the alley. Mr. Bennett noted that code enforcement should correct the problem with the obstructions in the alley allowing delivery vehicles to pass freely through it. After some additional discussion, Garth Ellard made a motion to modify the Planning Commission decision regarding the Site Plan Review Application for adrive-up window for Central Point Perk as follows: 1) remove the public improvement requirements for the sidewalk and front driveway apron; 2) remove the requirement for the property owner to enter into a Local Improvement District for alley improvements; 3) require the applicants to make the necessary drainage improvements along the driveway and sidewalk of the drive-up window with athree- inch minimum pipe size for the run off; 4) require the applicants to construct a retaining wall; 5) require the applicants to pave the drive-up window access; 6) require the applicants to obtain a building permit for the structure and enter into an agreement with the City for the lease of public right of way needed to complete the project, and 7) approve the change of traffic flow on the alley located north of the property to one way west bound traffic. Bob Gilkey seconded. Roll Call: Motion passed unanimously. B. Agreement of Lease of Public Right-of-Way Barbara and Stephen Brown, 841 E. Pine Street (Bennett) Mr. Bennett explained that the conditions of approval for adrive-up window for the Central Point Perk will require the installation of a retaining wall. This will require the applicants to enter into a lease of public right of way with the City. The agreement for the lease sets forth the conditions under which a wall may be located within the street right of way subject to City approval. David Gilmour made a motion to approve the lease of public right of way with the Central Point Perk for the installation of a retaining wall for adrive-up window. Donna Higginbotham seconded. Roll Call: Motion passed unanimously. City of Central Point Council Minutes August 26, 1999 Page 3 C. Appointment to Park Commission (Bennett) Mr. Bennett ex lained that he has not received an letters of interest for the vacant position on the Parks Commission. The Council did not have any names to submit. Mr. Bennett stated that he would continue to advertise for this position and return to the Council at a later time. D. City Council Rules, Code of Ethics and Conflicts of Interest (Bennett) Mr. Bennett explained that the City Council approved the modifications to the City Council Rules, Code of Ethics/Conflicts of Interest that were submitted at the regular meeting on August 12, 1999. He presented a resolution adopting the Rules of the City Council and Code of Ethics/Conflicts of Interest. Donna Higginbotham made a motion to approve Resolution No. 857 Adopting Rules of the City Council and a Code of Ethics/Conflicts of Interest. David Gilmour seconded. Roll Call: Motion passed unanimously. E. Annexation to Bear Creek Valley Sanitary Authority for Continuance of Sewer Services (Bennett) Mr. Bennett explained that at the regular meeting of June 10, 1999, the City Council reviewed the agreement under which the Bear Creek Valley Sanitary Authority (BCVSA) provides service to the residents and businesses of the City. At that time BCVSA requested that the City select the date for a vote by the residents regarding annexation into the district. - The Council asked that an analysis of the operation of the sewer system and a cost " comparison between BCVSA and City operation of the system be prepared. BCVSA has submitted an analysis and cost comparison for review. .There was a discussion on the comparison being done only by BCVSA. The Council would like the staff to present an analysis from the City's point of view to evaluate the situation better and review this item at a later date. It was suggested that the Council could have a study session on this item in a few months. F. Department Reports Police Chief Sweeny reported that: • the radar speed monitoring has been a great success and has gotten a lot of response from citizens. • the bicycle patrol officers are out in force patrolling the parks on a regular basis. • Officer Dan Brown will be the Resource Officer for School District #6. He will be teaching classes and helping at risk students. • during July and August the City impounded 58 vehicles, one of which was contested. 50% of the vehicles have been reclaimed. The rest will be auctioned for the cost of towing and administrative services. • the department will have extra help for the Central Point Cruise on September 11. Building Official Lois DeBenedetti presented the Fourth Quarter Report for the Building Department and updated the Council on new construction. Finance Director Bill Brugger presented the year-end (second run) financial report for fiscal year 1998-1999.. Public Works Director Lee Brennan reported. that: the improvements to Hopkins Road will not be completed prior to school starting. The contractor has run into some obstacles and will complete it as soon a possible. City of Central Point Council Minutes August 26, 1999 Page 4 the staff is recommending that the funds allocated for improvements to Laurel Street be used for making transportation improvements to the downtown. This will demonstrate a commitment to fund the project and make the City eligible for additional grant funds for that purpose. The Council concurred and agreed to review the budget at a later date if additional funds are needed. VIII. CITY ADMINISTRATOR'S REPORT City Administrator Jim Bennett reported to the Council that the Rogue Valley Council of Governments will terminate its least with the City and move to a new location m Central Point before the end of the year. If RVCOG does move out of City Hall, there may not be a need for the City to build an annex to City Hall right away. He suggested that the Council review this at the next study session in September. IX. COUNCIL REPORTS Council Member Bill Stults reported that the tour of the Water Treatment Plant was very informative. He referred a letter that was submitted by The Meadows regarding water rates to the Council for consideration. The Council decided that this would be an item for the study session in September. Council Member David Gilmour updated the Council on the School District No. 6 budget. He also responded to a letter that was submitted to the Secretary of State by Charles Olson alleging that Mayor Walton and he violated election laws by writing letters to the editor of the Central Point Times. He submitted a letter into the record stating that these charges were investigated by the Secretary of State's Election Division and dismissed. Council Member Donna Higginbotham reported on the effort to clean up the Jackson Creek Watershed. Council Member Bob Gilkey asked for an update on the traffic studies that are being conducted for Central Point. Mr. Bennett stated that these studies should be completed in the next few months and that RVCOG will be presenting reports to the Council on the Regional Transportation Plan at the next few study sessions. Council Member Carol Fischer updated the Council on the Growers Market. They plan to return next year with an improved market. X. MAYOR'S REPORT Mayor Walton reported that: • he would like Central Point to participate in the Mayor's Physical Fitness Leadership Awards for the State. He asked for nominations of a family or person who promotes health and fitness in the community. • the Mayor's Greenway Challenge '99 will be a bike ride on Sunday, September 5, 1999, at 7:30 am. Participants will be riding bikes on the Greeway from Talent Plaza to Bear Creek Park. He will provide any participants from Central Point with T-shirts and pay the entry fee. All proceeds will go to help finish the Greenway. • he has been appointed to the newly formed Jackson/Josephine Counties Steering Committee. • he has been appointed to the Jackson County Strategic Planning Committee. • on his recent trip to Europe he took photographs of public facilities and improvements that might be considered by Council and Staff for use in Central Point. ~, u [1 U City of Central Point Council Minutes August 26, 1999 Page 5 XI. ADJOURNMENT Garth Ellard moved to adjourn, Bob Gilkey seconded, all said "aye" and the Council Meeting was adjourned at 9:43 p.m. The foregoing minutes of the August 26, 1999, Council meeting were approved by the City Council at its meeting of September 9, 1999. Dated: q't3' (~ 9 ATTES Deputy Recorder Mayor Bill Walton