HomeMy WebLinkAboutCM072502CITY OF CENTRAL POINT
City Council Meeting Minutes
July 25, 2002
I. REGULAR MEETING CALLED TO ORDER
Mayor Walton called the meeting to order at 7:00 p.m.
II. ROLL CALL: .Mayor: Bill Walton
Council Members: David Gilmour, Dick Halley, Kay Harrison, Donna
Higginbotham, Dennis Richardson and Bill Stults were all present.
Interim City Administrator Brian Almquist; City Attorney Doug Engle;
Public Works Director Bob Pierce; Police Chief Mike Sweeny;
Building Official Lois DeBenedetti; Planning DirectorTom Humphrey;
Parks and Recreation Director Nancy Hanson and Deputy Recorder
Deanna Gregory were also present.
III. PLEDGE OF ALLEGIANCE
IV. INTRODUCTION OF GUESTS
V. MINUTES
A. Approval of July 11, 2002, City Council Minutes
Dick Halley made a motion to approve the minutes as presented. David Gilmour seconded.
Roll Call: David Gilmour, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham,
yes; Dennis Richardson, yes; and Bill Stults, yes. Motion approved.
VI. PUBLIC APPEARANCES
There were no Public Appearances.
VII. SPECIAL RECOGNITION
Mayor Walton presented Special Recognition Plaques to:
Council Member David Gilmour for the outstanding job he has done on the City Council for
the last four years.
Council Member Dennis Richardson for his hard work on City Council and working with the
County on the Amphitheater project for the last two years.
Planning Commissioner Karolyne Johnson for 15 years of service on the Planning
Commission.
Building Official Lois DeBenedetti for the 2001 /2002 Oregon Building Officials Association
Distinguished Service Award in recognition of her contributions to the education and
professional enhancement of code officials.
VIII. PUBLIC HEARINGS
City of Central Point
City Council Minutes
July 25, 2002
Page 2
A. Public Hearing to Consider an Appeal of the Planning Commission's Action
to Approve a Tentative Plan fora 12 Lot Subdivision Known as Jackson Oaks
Subdivision, Unit Number I, Located North of Tulane Avenue inthe TOD-LMR
Low Mix Residential Zoning District. (37 2W 03C tl 100, 37 2W 03C tl 206)
Planning Director Tom Humphrey explained that at its regular meeting of Tuesday, June
4, 2002, the Central Point Planning Commission tentatively approved a residential
subdivision application for Twin Creeks Development, LLC. The proposal creates 12 new
tax lots from a 3.3 acre parcel of land on the north side of Tulane Avenue. The subject
property is located in the TOD-LMR Low Mix Residential zoning district.
Tentative approval allows the applicants to proceed with the preparation of improvement
plans, file a record and final plat and proceed with subsequent site plan applications and
property development. The Planning Commission imposed a number of conditions with
their approval including but not limited to: 1) the construction of Tulane Avenue half-street
improvements with storm drainage, sidewalks, bikeways, and street lighting; 2) a set of
improvement plans which will define the infrastructure improvements for drainage, sewer,
water and site work; 3) the dedication of easements and land identified for pedestrian
access, mutual vehicle access and public open space and; 4) a copy of the covenants,
conditions and restrictions (CC&R's) which will govern civil development requirements.
Neighboring property owners exercised their rights under CPMC 1.24.080 and requested
the City Council review the Planning Commission's action. Notice of public hearing was also
given in accordance with CPMC 1.24.080.
All of the information requested by the appellants has been provided to them. It should be
noted that the Twin Creeks property was annexed to the City approximately 18 months ago
followed by the three acre Jackson Oaks property 6 months ago. In both cases there was
unanimous consent by the respective property owners to annex and; as the law states, if
all property owners within the annexation territory consent to the annexation along with the
majority of the electors who reside within the annexation territory, the City Council may
order the annexation with out notice, hearing or election, which they did.
Mr. Humphrey explained that the appellants, have identified five reasons why they believe
the Planning Commission action requires further review.
They do not believe the Commission gave due consideration to their understanding
that the Parkview Subdivision would not be part of Twin Creeks. During the public
meetings and open houses in 1999 and 2000, residents of Parkview voiced
opposition to anorth-oriented street at the west end of Tulane which would have
connected their neighborhood to Twin Creeks. This plan was modified and the
street was removed from the Master Plan.
2. Parkview residents do not believe they were properly notified or had a chance to be
involved in the City zone changes or annexations. Multiple open houses were held
on the TOD Master Plan, newsletters were distributed and aCity-wide notice was
mailed to all the residents of the Parkview Subdivision in October 2000 making them
aware of impending land use and zone changes in the area. In the process of
changing the zoning for the TOD area the Parkview Subdivision zoning was not
changed as a request from the residents.
3. Parkview residents are concerned about safety and the increase in traffic generated
from 12 new single family dwellings. Some people object to the driveway for lots
7 to 12 and others oppose the direction of lots 1 to 6 facing Tulane Avene. Using
nationally accepted traffic count methods, the existing homes in Parkview generate
approximately 240 trips per day (ten trips per home). The addition of 12 new homes
will generate another 120 trips per day. County Roads representatives have stated
that Sunland, Tulane, and Carlton are recognized as local residential streets and
.there is no reason for concern or traffic control mitigation until the counts reach
City of Central Point
City Council Minutcs
July 25, 2002
Pagc 3
1000 daily trips.
During open house discussions on local circulation, residents stated that they did
not want alternative access into their subdivision. A second access point would have
served to disperse traffic better but was perceived to be an invitation to through
traffic. Jackson County Roads recommended that Tulane Avenue be improved with
storm drainage, sidewalks, bike paths and street lighting. Each of these changes
and the introduction of pedestrian access into Twin Creeks were designed to
promote a safer environment, encourage transportation alternatives and keep bikes
and pedestrians off Taylor Road.
4. The appellants believe it will have a negative impact to the water levels and to the
quality of the water on their property. Some people admitted that they have shallow
irrigation wells that are used for landscaping. These wells have been fed in the past
by the water percolating from adjoining fields that were flood-irrigated. It is not
unreasonable to expect these wells to dry up once this process of irrigation is
discontinued.
The Public Works Department has offered to evaluate the effects of new
construction on the deeper domestic wells in Parkview. These residents are in the
UGB, and are eligible to receive City water if they desire. The applicants have
submitted a rebuttal to this appeal and they address the issue of well depth and
contamination.
5. The appellants believe the development of twelve new homes will result in the loss
of their views, their rural life style, and all of the things they have become
accustomed to in this little neighborhood over the years. There. is no question that
this will happen and the Planning Commission acknowledged the fact. However,
the Commissions's charge is to review land use development in the context of the
City and the Urban Growth Boundary where change is expected to occur.
Mr. Humphrey explained that at the time of the most recent annexation it was understood
that the property would develop in the TOD-related uses for which it was zoned. The
appellants' property, though not in the City limits, is in Central Point's Urban Growth
Boundary which was established nearly twenty years ago. It is also in the TOD zoning
district. The appellants would like their neighborhood to remain as rural as possible and
City staff believes that the surrounding Twin Creeks plan does not take away from the rural
nature of the older Parkview Subdivision.
Herb Farber, Farber Surveying, representative for Twin Creeks Development Co., LLC
Mr. Farber explained that all the criteria has been met for Jackson Oaks, Phase I, as stated
in Planning Commission Resolution 546. Mr. Farber stated that many issues have been
raised regarding Jackson Oaks, Phase I. However, many of the issues do not apply to the
criteria of a Tentative Plan for land division as outlined in chapter 16 and 17 of the Central
Point Municipal Code. City staff has already made findings that the application is in
compliance with CPMC. Twin Creeks Development Co., LLC concurs with these findings.
During several open houses regarding the TOD District, citizens from Central Point have
brought forth concerns about several items. The project has been developed taking into
consideration most of the concerns of citizens of Central Point and the Urban Growth
Boundary. The issue regarding the impact on water supply of the existing domestic wells
is an appropriate matter to be concerned about. He was able to locate 10 well logs for
properties in the Parkview Subdivision. He explained the background of the wells in the
area and the depth of those wells. A utility trench will be dug to place utilities for sanitary
sewer at approximately 6 to 7 feet deep. The installation of these utilities should not effect
the current domestic wells because the trench will be above all of the casings, which have
been documented by the well logs. All of the construction planned for this project will be
done according to prudent engineering and construction methods to prevent any harm to
owners of these proposed lots.
City of Central Point
City Council Minutes
July 25, 2002
Page 4
Twin Creeks Development Co., LLC, believes that all the criteria has been satisfied for
Jackson Oaks, Phase I, and requests that the City Council affirm the decision made by the
Planning Commission on June 4, 2002.
Mayor Walton opened the public hearing. He explained the procedure and appellants would
be allowed 5 minutes per person to speak on the issue.
Debbie Ratty, 4090 Sunland Ave.
Ms. Ratty stated that several people in the neighborhood would like to see the security and
safety of the neighborhood stay intact. They are concerned with the amount of traffic 12
additional homes will create. This will remove the security and safety of this quiet
neighborhood. She also explained that the proposed construction is not in agreement with
the current lot sizes of 1,500 ft. The new lots would be under the zoning requirements for
this neighborhood. They are also concerned with the loss of water in domestic wells. They
do not feel they should be required to hook into city water because of the disturbance this
development will cause to the water table and the deterioration of current wells. There is
a 40 year old Willow tree that will be destroyed by the creation of the 6 cluster homes on
the corner of Tulane and Sunland. They do not want access to the cluster lot to be taken
from Tulane or Sunland. She suggested that the developers redesign the cluster homes to
take access from Silver Springs Drive.
Jan Madseu, 2361 Tulane Ave.
Ms. Madseu is concerned with losing the beautiful view of the Table Rocks. She stated that
they did not get proper notifications of the public meetings regarding the change in zoning,
and the TOD development. She explained that they have not been contacted by City staff
regarding wells and the impact this construction will have on them.
Don Phaff, 4123 Sunland Ave
Mr. Phaff does not believe that the original plans for the TOD included the 6 cluster lots.
These lots will cause too much traffic and several of the full grown trees will be lost in order
to accommodate them.
Clay Yates, 4105 Sunland Ave
Mr. Yates understands that you can not stop progress. However, the cluster homes will
change the quality of life the citizens in this area have become accustomed to.
Denise Marshall, 2395 Tulane Ave
Ms. Marshall stated that they have always been told that these houses would not take
access off Tulane Ave. She never received notices of any plan where the access would be
from Tulane. She didn't attend most of the meetings because she was under the impression
that their neighborhood would not be effected by the TOD District.
Linda Beckmann, 2315 Tulane Ave
Ms. Beckman stated that the criteria for lot sizes and location has not been met with this
project. If there are to be improvements to Tulane Ave they should be made to the entire
street, not just the north. side. The suggested use of sidewalks to improve the use of public
transportation fails to meet criteria for the neighborhood. She is concerned that the testing
for the wells has not been completed.
Willie DeKorte, 4166 Sunland Ave
L'
0
Ms. DeKorte is concerned with the location of the 20 ft access road for the cluster homes.
She stated that there is not enough room where they plan to put the driveway and that
either the 40 year old Willow tree will be affected or a corner of their yard will be destroyed.
City of Central Point
City Council Minutes
July 25, 2002
Page 5
She invited all the Council members to drive out to the location and research it in person
before voting on this appeal.
Debbie McDonald, 4146 Sunland Ave
Ms. McDonald stated that the original plans showed that the houses along Tulane would
take access in the TOD area. She stated that the plans that she saw showed a brick wall
along Tulane Ave and was not concerned that the TOD would effect their neighborhood and
therefore did not attend the meetings. She stated that she has already had problems with
her domestic well.
Andy DeKorte, 4166 Sunland Ave
Mr. DeKorte stated that all the residents in the Parkview subdivision are against the current
plans for Jackson Oaks Phase I. He stated that the Moores atone time explained that this
project would not take access from Tulane or Sunland Ave's.
Ernie Flegal, 4103 Sunland Ave.
Mr. Flegal expressed his concerns about the rural setting and the charming community that
this construction will ruin. He is concerned about the safety of pets and children that run
and play along these quiet streets. He suggested that the 6 houses that will take access
from Tulane be made into larger lots to match the surrounding neighborhood, and the 6
cluster lots take access from Silversprings Ave.
0
Linda Godard, 4097 Carlton Ave
Ms. Godard would like to see the neighborhood stay rural. She suggested that the
developers be neighborly and respect the wishes of those who already live in the area.
Herb Farber, Farber Surveying, Twin Creeks Development, LLC
Mr. Farber said that wells are a legitimate issue of concern. However, there have been
problems with some of these wells for several years, in most cases it was not because of
construction. The trenches will not be deeper than six feet and should not affect the wells.
He explained that the 6 cluster homes did not show on the TOD Master Plan because they
just recently purchased the property and annexed it into the City. He stated that the TOD
Master Plan requires the density of the cluster homes to meet state guidelines. They have
taken into account for the 40 year old Willow tree, and have done measurements according
to property lines with the County. He explained that the DeKorte corner fence post is 7 feet
into the public right of way. If this fence post was moved to the correct property line there
will be enough room for the 20 foot driveway access.
Bret Moore, Twin Creeks Development, LLC
Mr. Moore explained that the 6 homes on Tulane Ave have always been part of the TOD
Master Plan and the additional 6 cluster homes were added in October of 2001. He stated
that a brick wall was never an approved part of the Master Plan, they were always designed
to take access on Tulane Ave. When the Terry property came into consideration they
designed the 6 cluster lot homes with access on Tulane. The current plans provide access
to the TOD District from the Parkview Subdivision. If they were to redesign the cluster lot
to take access from Silver Springs Avenue it would deplete open space in the TOD Master
Plan and restrict access from the Parkview Subdivision.
Mayor Walton would like to see a report from Public Works regarding the domestic well
situation and the options for providing City water to the residents in the Parkview
Subdivison.
Council Member Richardson suggested revising the improvement requirements for
City of Central Point
City Council Minutes
July 25, 2002
Page 6
sidewalks, bikepaths and street lighting for the north side of Tulane to help pay for the
installation of a water line on Sunland Avenue.
Council Member Halley suggested relocating the entrance for the cluster homes to access
from Silver Springs Ave.
Mayor Walton closed the Public Hearing.
Bill Stults made a motion to continue past 10:00 p.m. Dennis Richardson seconded.
Roll Call: David Gilmour, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham,
yes; Dennis Richardson, yes; and Bill Stults, yes. Motion approved.
There was discussion regarding the availability of providing City water to the residents in
the Parkview subdivision whose domestic wells might be affected by the development.
They also discussed the possibility of changing the access to the 6 cluster homes to Silver
Springs Ave.
City Attorney Doug Engle explained the 120 day requirement for approval or denial and the
options available to the Council for approval, denial, or changes to the approved Planning
Commission resolution for this subdivision.
Dennis Richardson made a motion to table the decision regarding the Appeal of the
Planning Commission's action to approve a tentative plan fora 12 lot subdivision
known as Jackson Oaks Subdivision, Unit Number I, until August 8, 2002, in order
to review options for access of the 6 cluster homes, installation of a waterline and
a Public Works report on the impact to domestic wells in the area. David Gilmour
seconded. Roll Call: David Gilmour, yes; Dick Halley, yes; Kay Harrison, yes; Donna
Higginbotham, yes; Dennis Richardson, yes; and Bill Stults, yes. Motion approved.
IX. OTHER BUSINESS
A. Mayor's Appointment and City Council Confirmation of Vacancies on the City
Council Effective August 1, 2002
Mayor Walton explained that as of August 1, 2002, there will be three vacancies on the City
Council. He stated that he has had letters of interest from:
Bill Stults to fill the At-large position vacated by Council Member Richardson.
Michael Quilty to fill the Ward II position vacated by Council Member Stults.
Nathan Banry to fill the Ward III position vacated by Council Member Gilmour.
Bruce Hopkins to fill any available position vacated as of August 1, 2002.
Mayor Walton made a recommendation to appoint Bill Stults to the At-large position,
Michael Quilty to the Ward 11 position, and Nathan Banry to the Ward III position.
Kay Harrison made a motion to appoint Bill Stults to fill the rest term for the At-Large
Position on the City Council. Dick Halley seconded. Roll Call: David Gilmour, yes; Dick
Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Dennis Richardson, yes; and Bill
Stults, abstain. Motion approved.
Bill Stults made a motion to appoint Michael Quilty to fill the rest of the term for the
Ward II Position on the City Council. Kay Harrison seconded. Roll Call: David Gilmour,
yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Dennis Richardson,
yes; and Bill Stults, yes. Motion approved.
City of Ccntral Point
City Council Minutes
July 25, 2002
Pagc 7
f'
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David Gilmour made a motion to appoint Nathan Banry to fill the rest of the term for
the Ward III Position on the City Council. Dick Halley seconded. Roll Call: David
Gilmour, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Dennis
Richardson, yes; and Bill Stults, yes. Motion approved.
VIII. MAYOR'S REPORT
Mayor Walton reported that there will be an Executive Session to night to discuss real
property transactions for the City of Central Point and that the Executive Session will
continue to Saturday, July 27, 2002, at 8:00 a.m. to discuss Employment for the City
Administrator. He also stated that on Tuesday, August 6, 2002, there will be a meeting with
Umpqua Bank to discuss investment options for local governments.
IX. CITY ADMINISTRATOR'S REPORT
Interim City Administrator Brian Almquist reported that:
I
• he met with Dale Foster, accountant for the Burton Family, and Bobbie Burton,
regarding a proposal to purchase their property on Oak Street using tax exempt
financing:
• he met with Monty Mendenhall from Pacific Power and Light Co., regarding electric
services to City facilities and a new community development services program to
assist cities in economic development.
• he spoke with several of the City Administrator candidates who had additional
questions about the position. Also spoke with Dick Townsend about the questions
for the oral interview.
• he has spoken several times with the attorney representing our insurance carrier
(CCIS) regarding an ongoing lawsuit involving the death of a City employee in 2000.
• he met with architect Dave Straus and staff to discuss design options for addition
to City Hall in connection with the proposed construction of Central Point branch of
the Jackson County Library.
• he met with safety consultant Louis Powell of Ponderosa Safety services, to review
a report on conditions at city workplaces and recommendations for safety
improvements.
X. COUNCIL REPORTS
David Gilmour stated that he has enjoyed working with the Council and City staff throughout
his term on the City Council.
Bill Stults stated that he is looking forward to representing the City at-large for another two
years.
Dick Halley wished David Gilmour and Dennis Richardson good luck in there new
endeavors in other government offices.
Dennis Richardson stated that he has enjoyed working with the Council and Staff and
hopes to continue to be involved in issues throughout the City as a State Representative.
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XI. DEPARTMENT REPORTS
There were no department reports given
Xtl. EXECUTIVE SESSION
City of Ccntral Point
City Council Minutcs
July 25, 2002
Pagc 8
Dick Halley made a motion to adjourn into Executive Session under provisions of
ORS 92.660, to conduct deliberations with persons designated by the governing
body to negotiate real property transactions, and to then adjourn to Saturday, July
27, 2002, at 7:45 a.m, in the Council Chambers to consider the initial employment of
a public officer, employee, or staff member under the provisions of the Oregon
Public Meetings Law. Dennis Richardson seconded. Roll Call: David Gilmour, yes; Dick
Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Dennis Richardson, yes; and Bill
Stults, yes. Motion approved.
The meeting was adjourned into Executive Session at 10:35 p.m.
XIII. ADJOURNMENT
Bill Stults moved to adjourn, Dick Halley seconded, all said "aye" and the Executive Session
was adjourned at 11:00 p.m. to an Executive Session on Saturday, July 27, 2002, at 7:45
a.m. in the Council Chambers.
The foregoing minutes of the July 25, 2002, Council meeting were approved by the City Council
at its meeting of August 8, 2002.
Dated: $~ b-~ _ Q~ t ~-'~
Mayor Bill Walton ~`
ATTEST:
Deputy Recorder