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HomeMy WebLinkAboutCM011002CITY OF CENTRAL POINT City Council Meeting Minutes January 10, 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, Kay Harrison, Donna Higginbotham, and Bill Stults were present. Dick Halley and Dennis Richardson were excused. City Administrator Jim Bennett; City Attorney Doug Engle; Public Works Director Bob Pierce; Finance Director Bill Brugger; Police Chief Mike Sweeny; Building Official Lois DeBenedetti; Community Planner Matt Samitore; Parks and Recreation Coordinator Nancy Hanson; and Deputy Recorder Deanna Gregory were also present. III. PLEDGE OF ALLEGIANCE IV. INTRODUCTION OF GUESTS V. MINUTES A. Approval of December 13 2001 City Council Minutes Bill Stults stated that there should be a change on page three of the minutes. It should state that Marlene Watson was appointed to the Park Commission, not Arlene Watson. Kay Harrison made a motion to approve the minutes as corrected. Bill Stults seconded. Roll Call: David Gilmour, abstain; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. VI. PUBLIC APPEARANCES Mack and Dain Lewis, Youth Skate Park Committee Representatives Dain Lewis updated the Council on the activities that the committee has been working on. He presented the proposed layout of a skate park if it were located on the Central Point Elementary School property. He also presented a list of alternative sites. He asked the Council what the status of purchasing the Elementary School property was. Mayor Walton explained that the Council and the School District are still in negotiations for the purchase of the property. Mayor Walton closed the Public Appearances portion of the meeting. VII. BUSINESS A. An Ordinance Granting to PacifiCorp, Inc., an Oregon Corporation, Doing Business as Pacific Power & Light Company, a Nonexclusive Franchise for Ten (10) Years to Construct, Maintain and Operate Within the City of Central Point an Electric Light and Power System, Fixing the Terms and Conditions, Providing an Effective Date, and Repealing Ordinance No.1412 -First Reading Ciry of Central Point Ciry Council Minutes January 10, 2002 Page 2 City Administrator Jim Bennett explained that the City of Central Point has had an electric power franchise agreement with PacifiCorp for more than 50 years from the days when it operated as the California Oregon Power Company. The previous franchise agreement expired in October, 2001. The proposed Ordinance takes into account the latest changes in Oregon law and uses the League of Oregon Cities model for electric power franchises. The most significant changes to the new agreement are as follows: 1. The term of the franchise agreement is reduced from twenty years to ten years 2. The agreement calls for greater consultation between the City and PacifiCorp in the scheduling and construction of electric power facilities within the City. 3. The agreement sets standards for the trimming of trees and vegetation that may interfere with electric power facilities within the City. 4. The agreement allows the City to increase the franchise fee at any time to the maximum amount permitted under Oregon Law and requires that the manner in which the franchise fee is calculated be renegotiated at such time as PacifiCorp implements direct access. 5. The agreement allows the City to terminate the agreement in the event that the City decides to become a municipal electric power supplier. Mr. Bennett stated that PacifiCorp had reviewed the agreement and was satisfied with the proposed language: The franchise agreement was presented to the City Council in ordinance form for first reading and introduction. David Gilmour Made a Motion to Pass onto Second Reading an Ordinance Granting to PacifiCorp, Inc, an Oregon Corporation, Doing Business as Pacific Power & Light Company, a Nonexclusive Franchise for Ten (10) Years to Construct, Maintain and Operate Within the City of Central Point an Electric Light and Power System, Fixing the Terms and Conditions, Providing an Effective Date, and Repealing Ordinance No. 1412. Kay Harrison seconded. Roll Call: David Gilmour, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. B. An Ordinance Amending CPMC 15.24.405 Pertaining to Street Banners -First Reading Mr. Bennett explained that recently an issue had arisen over the nature of the content that is permissible on street banners. The City permits street banners only across Pine Street for a period of no more than thirty days. Only Central Point Non-profit organizations may hang a street banner. No politically oriented messages are permitted. A citizen objected to a banner that was hung during the Month of December that announced aChristmas-related church event. The citizen felt the message on the banner was a violation of the separation of church and state. After conferring with the City Attorney, it was agreed to remove the banner. In order to address this situation in the future, the City Attorney drafted language for inclusion in the City's street banner ordinance that represents the federal test for religious symbols or messages. Each such request, however, would have to be decided on a case- by-case basis. Not all religious symbols or messages would be prohibited, only those that have the effect of either advancing or inhibiting religion. The proposed ordinance was presented for first reading and introduction. Public Works Director Bob Pierce suggested that the permit application form include proof of insurance for the company installing the banner. He also suggested that all departments have an opportunity to review each permit. David Gilmour Made a Motion to Pass on to Second Reading an Ordinance Amending CPMC 15.24.405 Pertaining to Street Banners with Suggested Changes to the Application Form. Donna Higginbotham seconded. Roll Call: David Gilmour, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Ciry of Central Point Ciry Council Minutes January 10, 2002 Page 3 C• Resolution 932, A Resolution Adopting a Supplemental Budget for Fiscal Year 2001 - 2002 Finance Director Bill Brugger explained that, during the fiscal year, circumstances may require expenses to be paid that were not budgeted or the City may receive revenue it did not plan for in the budget. In those cases, a supplemental budget is required to pay the additional expenses and spend the extra revenue. The City Council may adopt a supplemental budget at a regularly scheduled Council meeting after a notice of the meeting has been published that sets forth the name of each fund being adjusted and the amount of change in each fund's resources and expenditures. The Budget Committee is not required to review a supplemental budget unless a fund is will be adjusted by more than 10%. The proposed resolution sets forth the supplemental budget for this fiscal year and the changes proposed for ea oh of the affected current budget funds. No current fund is being adjusted by more than 10 /o. The changes are offset by either an increase in revenue or a decrease in expenditure in order to maintain a balanced budget. Mr. Brugger explained that there is a revised attachment for the resolution regarding the amount of the grants received and the capital outlay. The actual amount of grants received should be $117,000 bringing the total resources to $134,000. The total requirements will also be $134,000 changing the police department capital outlay to $69,000. Bill Stults made a motion to approve Resolution No. 932, A Resolution Adopting a Supplemental Budget for Fiscal Year 2001-2002 as Revised. David Gilmour seconded. Roll Call: David Gilmour, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. D. Review of City Council Rules and Code of Ethics Mr. Bennett explained that on August 30, 1999, the City Council approved Resolution No. 857, adopting the Code of Ethics and Rules of the City Council. The resolution required that the Code of Ethics and the Rules of the City Council be reviewed and re-adopted annually along with any amendments that the City Council finds are appropriate. Bill Stults suggested an item be added stating, "We as Council and Mayor agree to make a concerted effort to adhere to the Council Agenda and will encourage all participates at council meetings to do the same". He stated that he is dedicated to be there as long as needed but would like to see the Council stick to the agenda and not try to incorporate other items into the meetings. Kay Harrison agreed that the Council should be aware of the amount of time allotted for discussion to Council members, staff, and citizens. However, should be enough time for citizens to voice their opinions at the a he also stated that there meeting. ppropriate time during the There was discussion whether this should be included in the City Council Rules. It was decided that this item should be continued to the next Council Meeting when all the Council Members will be present. E. Planning Commission Report Community Planner Matt Samitore presented the Central Point Planning Commission Report for the regular meeting on January 8, 2002: 1 • Approved a conditional use permit to allow temporary Recreational Vehicle parking on a future townhouse development site in the Twin Creeks Development. The subject property is located north of Griffin Oaks Drive in the TOD-MMR, Transit Oriented Development-Medium Mix Residential zoning district. The parking area City of Central Point .,--- -- _ Ciry Council Minutes ' January 10, 2002 Page 4 is part of Twin Creeks Phase 1 and is adjacent to a new park site with access from recently constructed alley ways. 2. Approved a final development plan for Brookdale Gardens Planned Unit Development (PUD) which creates 16 new parcels and extends Brookdale Avenue west to Hamrick Road within the area known as the Central Point East development. The subject property is located in the R-2, Residential Two-Family zoning district west of Meadowbrook Drive. 3. Discussed New Year Planning Goals and Work Tasks which included a summary of planning and building activity for 2001. Some municipal code revisions were talked about such as cleaning up inconsistent zoning (change R-3 to R-1 where single family dwellings have already been constructed), changing some residential setback requirements and reviewing the new TOD standards periodically. Commissioner training was proposed later in the year through the Rogue Valley Public Service Academy. Under miscellaneous matters the Planning Commission authorized City Planning and Public Works staff to resolve right-of-way and easement discrepancies that have arisen in conjunction with a minor partition that was approved in December. David Gilmour made a motion to approve the Planning Commission as presented for the regular meeting of January 8, 2002. Kay Harrison seconded. Roll Call: David Gilmour, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved VIII. MAYOR'S REPORT Mayor Walton reported that: • he attended a board meeting at the Sr Center and updated the Council on the changes happening there. • argument statements for the March election are due to the County Clerks office by 5:00 p.m. on Monday, January 14, 2002. • the Study Session with the Fair Board has been rescheduled to January 31, 2002, at 6:00 p.m. • he submitted a four page letter to the Mail Tribune and Central Point Sun explaining the impact that the two initiatives will have on the City if approved. • there will be two community forums to inform the citizens on Measures 15-25 and 15-26. They will be held on February 6, and 13. One will be at Crater High School and one will be at Scenic Middle School. They will begin at 6:00 p.m. • staff will prepare a fact sheet to be delivered with the water bills for the month of January. IX. CITY ADMINISTRATOR'S REPORT City Administrator Jim Bennett reported that: the Medford Water Commission is proposing a basic water increase of approximately 4% to Central Point. They will be holding a Public Hearing on this issue January 16, at 12:30 p.m. the Fairfield Inn and Suites is doing very well. Their first Transient OccupancyTax payment was larger than anticipated. there are two vacancies on the Park Commission. He has received letters of interest from Jim Harleman, and Duane and BJ Christensen. Also DJ Sweet was inadvertently left off the reappointment list. City of Central Point Ciry Council Minutes January 10, 2002 Page 5 David Gilmour made a motion to appoint Jim Harleman, DJ Sweet, and Duane and BJ Christensen to the Park Commission. Bill Stults seconded. Roll Call: David Gilmour, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved there are several items for upcoming Study Sessions and/or City Council meetings: an RVCOG update; Sheriff Bob Kennedy regarding Community Corrections efforts for Central Point; the Annual Goal Setting for City Council and Departments; and Changes to Election Precincts in Central Point. X. COUNCIL REPORTS David Gilmour updated the Council on airport security he encountered while on his vacation to Australia. XI. DEPARTMENT REPORTS Building Official Lois DeBenedetti updated the Council on Revenue and Expenditures for the 2001/02 budget year. She stated that the projected revenue for 2001/2002 is well above the amount stated in the Annual Budget. Public Works Director Bob Pierce presented a memo to the City Council showing the cost of operating the Public Works Department. The memo contained facts about the roads, water lines and parks in the City and the approximate cost of repairs needed for these facilities in future years. Finance Director Bill Brugger presented the Financial Report for the Six Months Ending December 31, 2001. Parks and Recreation Director Nancy Hansen reported that: • she had completed the Parks and Recreation Annual Report • the Fourth of July theme will be "Red White and Blue for 2002". She explained that the parade route will be in reverse order this year due to the construction at Crater High School • she has done some preliminary work on the City Wide Clean Up Day. She explained the cost to the City and what could be done to help offset that cost. There would need to be volunteers to monitor the dumpster stations and a request for donations to help pay for the dumpsters. Council agreed that this was a good project and directed City Staff to continue with the preparations to have it on April 27, 2002, along with the City Wide Yard Sale. • City Staff would like to know if the Council would be willing to wave the $1.00 yard sale permit fee for the City Wide Yard Sale. The Council agreed that this was a good idea. David Gilmour made a motion to adjourn into Executive Session. Bill Stults seconded. All said Aye. Motion passed. ~~ XII. EXECUTIVE SESSION The Council adjourned to executive session at 8:58 p.m. to discuss real property transactions. The Council reconvened into open session at 9:22. p.m. Bill Stults made a motion to purchase 3.67 acres adjacent to Central Point Elementary from Central PointSchool District#6 for $283,056. Kay Harrison seconded. Roll Call: David Gilmour, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion passed. Ciry of Central Point City Council Minutes January 10, 2002 Page 6 XIII. ADJOURNMENT David Gilmour moved to adjourn, Kay Harrison seconded, all said "aye" and the Council Meeting was adjourned at 9:24 p.m. The foregoing minutes of the January 10, 2002, Council meeting were approved by the City Council at its meeting of January 24, 2002. Dated: ~~aSlbZ ATTEST: Authorized Representat' e /~ ayor Bill Walton _--_- I~