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HomeMy WebLinkAboutCM121301CITY OF CENTRAL POINT City Council Meeting Minutes December 13, 2001 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: Donna Higginbotham, Bill Stults, Richard Halley, and Kay Harrison were present. David Gilmour and Dennis Richardson were excused. City Administrator Jim Bennett; City Attorney Doug Engle; Public Works Director Bob Pierce; Finance Director Bill Brugger; Police Sgt Toni Winters, Building Official Lois DeBenedetti; Planning Director Tom Humphrey; 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 November 29, 2001, City Council Minutes Dick Halley made a motion to approve the minutes as presented. Kay Harrison seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, abstain; Richard Halley, yes; and Kay Harrison, yes. Motion passed VI. PUBLIC APPEARANCES Mayor Walton closed the Public Appearances portion of the meeting. VII. BUSINESS A. Ordinance No. 1824, An Ordinance Granting to Hunter Construction, Inc., dba Core Digital Services, the Non-exclusive Privilege to Use the Public Way to Construct and Maintain Community Facilities within the City of Central Point - First Reading and Introduction City Administrator Jim Bennett explained that at the City Council meeting of Thursday, November 29, 2001, the City Council received public testimony and began consideration of anon-exclusive telecommunications franchise agreement between the City of Central Point and Hunter Construction, Inc. A number of issues were raised at the meeting regarding the nature of the services that would be provided by Hunter and the time table for installation of the fiber optic network that would allow these services to be introduced into the community. Mr. Richard Ryan, representing Hunter Construction, addressed these issues and indicated that Hunter would initially be providing high speed Internet and data transmission services and that installation and market development would take between 18 and 36 months He also requested that the franchise fee be lowered to 5%, comparable to similar franchise agreements. City of Central Point City Council Minutes December 13> 2001 Page 2 Charter Communications testified at the meeting and raised the issue of equity. Charter felt that its own franchise agreement required the City to make sure that any franchise agreement approved for Hunter Construction would not be more favorable or less burdensome than the Charter agreement. Charter's concerns covered such issues as indemnification for damage to its facilities, performance bonding, insurance requirements and extensions of service. City staff reviewed the Hunter franchise agreement and suggested some modifications to the agreement that addressed the concerns of the City Council, Hunter Construction, and Charter Communications. Some of the modifications included lowering the franchise fee to 5%, changing the wording from communication to telecommunications, including performance bonding and insurance requirements. Mr. Bennett explained that if the Council determines that it is appropriate to take action on the proposed ordinance it may waive the first reading and pass the ordinance on to a second reading, or it may declare an emergency citing its reasons and adopt the ordinance immediately. Mr. Richard Ryan, Hunter Construction Mr. Ryan stated that they have read the proposed Ordinance and asked the Council to put a set amount of $10,000 on the performance bond requirement. He asked the Council to declare an emergency so that his company can begin work under the franchise immediately. Lora Seale, Charter Communications Ms. Seale stated that the performance bond protects the City from any damage done by the company to City facilities. Ms. Seale asked about the clause in Section 12 which states: a portion of the franchise fee may be credited toward any payment due the City in lieu of direct payment to Grantee by City for such use or reservation of use, upon the mutual consent of Grantee and City. Charter would like to see this type of service open for bid. Mr. Bennett stated that the Central Point Municipal Code has guidelines regarding the bidding process and a franchise agreement would not supersede the Municipal Code. Dick Halley made a motion to change Section 18, setting the mount of the performance bond requirement at $10,000. Kay Harrison seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. Bill Stults made a motion to approve Ordinance 1824, an Ordinance Granting to Hunter Construction, Inc., Dba Core Digital Services, the Non-exclusive Privilege To Use the Public Way to Construct and Maintain Communication Facilities Within the City of Central Point and Declaring an Emergency Citing the Need for Competition in Providing High Speed Internet Access within the Community. Kay Harrison seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. B. Appointments to Planning Commission, Park Commission, Citizens Advisory Committee and Budget Committee Mr. Bennett explained the various positions among the committees that are either vacant or up for reappointment. He stated that there were several individuals that are still interested in continuing to serve on the committes and that the Council could reappoint those individuals and/or choose others to serve. City of Central Point City Council Minutes December 13> 2001 Page 3 Mayor Walton stated that he would like to see Chuck Piland as the Chair for the Planning Commission and Candy Fish as the Vice-Chair. He would also like to see Ralph Hale continue as the Chair for the Park Commission and Herb Farber as Chair for the Citizens Advisory Commission Donna Higginbotham made a motion to reappoint Chuck Piland to the Planning Commission and appoint Rick Perry to the vacant position on the Planning Commission created by the resignation of Karolyne Johnson. Kay Harrison seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. Dick Halley made a motion to appoint Marlene Watson to the Parks Commission and advertise for all other positions. Kay Harrison Seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. Kay Harrison made a motion to reappoint Herb Farber and Rick Perry to the Citizens Advisory Commission and to appoint Damian Idiart, Sam Inkley, Sr., Sam Inkley, Jr., Peg Wiedman, and Mike Quilty to the vacant positions. Bill Stults seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. Bill Stults made a motion to reappoint LeRoy Burkhart and Mike Quilty to the Budget Committee. Dick Halley seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. Bill Stults made a motion to reappoint Ralph Hale, Jeff Smith, Mack Lewis and Eleanor Holbrook to the Park Commission. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. Bill Stults made a motion to appoint Chuck Piland as the Chair for the Planning Commission and Candy Fish as the Vice-Chair; Ralph Hale as Chair for the Park Commission and Herb Farber as Chair for the Citizens Advisory Commission. Kay Harrison seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. C. Liquor License Change of Ownership for Central Point Texaco Mr. Bennett explained that the Central Point Texaco at 1125 E. Pine Street has entered into a partnership with Equilon Enterprises LLC. This constitutes a change of ownership and requires Council approval of a new OLCC application. The Police Department has found no files pertinent to the request for a liquor license. Staff recommends that the City Council approve the liquor license for Central Point Texaco. Bill Stults made a motion to approve the Liquor License request for Central Point Texaco. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. D. Resolution No. 930, A Resolution Declaring the Annexation of 4.5 Acres of Land Located on the North Side and Including Tulane Avenue, North of Taylor Road and East of Grant Road into the City of Central Point (Twin Creeks Development Co., LLC) (372W03CC) Planning Director Tom Humphrey explained that Twin Creeks Development Co., LLC has submitted an application for the annexation of approximately 4.5 acres located on the north side of Tulane Avenue where it intersects with Sunland Avenue. City of Central Point City Council Minutes December 13, 2001 Page 4 The LLC intends to subdivide the property and integrate the new annexation area with the Twin Creeks Master Plan. There is an existing home on tax lot 100 and the applicants are working around it with a new clustered housing layout similar to those proposed east of the homes on Sunland Ave. This is a permitted use for the TOD district. The Annexation application met all requirements needed for approval. Dick Halley made a motion to approve Resolution 930, A Resolution Declaring the Annexation of 4.5 Acres of Land Located on the North Side and Including Tulane Avenue, North of Taylor Road and East of Grant Road into the City of Central Point. Kay Harrison seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. E. Central Point Auto Wrecking License Renewal Mr. Bennett explained that Mr. Jay McCleary, owner of Central Point Auto Wrecking, is requesting the annual review and renewal of his State auto wrecking license as required by the Department of Motor Vehicles. Mr. McCleary intends to relocate his business to White City. He has been working with Jackson County to get approval for the business. This process has taken longer than expected due to issues with the State over vernal pools on the property and with the Fire District over access for fire apparatus and emergency response vehicles. A recent inspection of the property showed that the business was in compliance with the original Planning Commission conditions of approval from 1996. Staff recommends approval of the Central Point Auto Wrecking License Renewal. Mr. Jay McCleary, Central Point Auto Wrecking Mr. McCleary stated that he is still working with the County on the permit process and in the mean time has not been able to move any vehicles from the existing lot to the lot in White City. He has received information from the State clarifying that there are no vernal pools on the property. Mayor Walton stated that he would like to see Mr. McCleary report in three months to keep the Council informed on the process of the move. Bill Stults made a motion to renew the Central Point Auto Wrecking License. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. F. Resolution No. , A Resolution Recommending Urban Reserve Areas to the RPS Policy Committee for the City of Central Point Planning Director Tom Humphrey explained that the Central Point Planning Commission met on December 4, 2001, to receive public input and formulate a recommendation to the City Council regarding the RPS candidate growth areas around Central Point. This was the fourth public meeting that the Planning Department has conducted on this subject in addition to distributing and receiving comments from a survey. RVCOG would like the City Council to make a recommendation to the RPS Policy Committee about the candidate urban growth areas. The Planning Commission considered excerpts from the Phase One Status Report, comments received during open houses; a summary of City-wide survey; additional correspondence; and public testimony given during the meetings. The Commission had several recommendations for the Council. Area CP-1: The Commission recommended that this area not be included in the City's urban reserve at this time due to its distance from Central Point and the perception that the development of this area would be growth inducing. Commissioners would like to see better access to I-5 developed at the Seven Oaks interchange. [~ [1 City of Central Point City Council Minutes December 13, 2001 Page 5 Area CP-2: The Commission recommended that all of this area be included in the City's urban reserve based upon issues of urban form, the efficient extension of infrastructure, the questionable viability of smaller agricultural parcels and future land uses. It is recommended that the property between Upton Road and Gebhard Road be included in this Area. The Commission believes that the City could show just cause for including this EFU land into the Urban Reserve. Area CP-3: The Commission recommended that all of this area be included in the City's urban reserve. Area CP-4: The Commission recommended that all of this area be included in the urban reserve and that it be expanded west to Old Stage Road including Tax lots between Beall Lane and the rear property lines of Wells Fargo Road. New Area: The Commission recommended thatthe City's UGB be redefined north of Taylor Road so that it follows Grant Road all the Way to Scenic Road. There are multiple small parcels between the existing UGB and Grant Road north of the first 90 degree turn that are not economically viable as farm sites. CP/MD-1: The Commission recommended that the areas bounded in purple on the Medford/Central Point Growth Area maps be included in the City's urban reserve. These are the County Subdivisions known as Gibbon Acres and Forest Acres. Furthermore, Commissioners recommended that the new boundary be "squared off" along Elmhurst Road. Mayor Walton asked if there were any citizens who would like to speak for Public Input. Sam Inkley Jr., 5123 Gebhard Road Mr. Inkley stated that the property between Gebhard Road and Upton Road should be included in the Urban Reserve area. He explained that the property may be prime agricultural property but the residents can not make a living farming the land. They would like to know that in the future they will be able to have city services such as water and sewer. Tom Jones, 5279 Gebhard Road Mr. Jones stated that he would also like to see this area included in the Urban Reserve. He stated that he is not able to make a living farming the land and would like to have city services. Bill Brugger, 3464 Willow Road Mr. Brugger stated that he would like to see CP-1 Area included in the Urban Reserve. He stated that none of the residents in that area have been contacted regarding any of the meetings to offer public opinion. He explained several reasons that this area should be included in the Urban Reserve. Sam Inkley Sr., 5055 Gebhard Road Mr. Inkley stated that the area between Gebhard Road and Upton Road has little or no irrigation to farm most of the areas. The property in these areas also have failing wells. The Council decided to discuss its recommendation to the RPS Policy Committee further at a future study session. No action was taken. City of Central Point City Council Minutes December 13~ 2001 Page 6 G. Planning Commission Report Planning DirectorTom Humphrey presented the Central Point Planning Commission Report for the regular meeting on December 4, 2001: 1. Approved a request to partition a 1.03 acre parcel into two tax lots at 4957 Hamrick Road. The subject property is approximately 100 feet north of New Haven Road and located in the R-1-6, Residential Single Family zoning district. The property was recently annexed to the City and the applicants are dividing the property for two new homes. An older dwelling on site is in the process of being torn down as a condition to the construction of a new one. The partition would allow a family member to build a second new home. The Commission tentatively approved the partition subject to: 1) the dedication of an additional nine feet of road right-of-way and 2) the resolution of a sewer easement. The additional right-of-way will bring the road section to the width necessary for a minor collector road. The majority of improvements have already been made by the County but the City may choose to add street trees and other amenities later. 2. Considered a Regional Problem Solving report to create a 50 year urban reserve. The Commission received public testimony and evaluated various candidate growth areas around Central Point. They also formulated recommendations to the City Council. Kay Harrison made a motion to approve the Planning Commission Report for December 4, 2001. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed H. Building Department Authorization for Full-Time Building Inspector II Building Official Lois DeBenedetti explained that, as the City continues to grow, the Building Department needs to provide additional services to the citizens of Central Point. She stated that the City is in need of a full time commercial plans examiner/inspector and requested approval to change the status of Todd Meador from a half time employee to a full time employee effective January 1, 2002. Dick Halley made a motion to approve a Full Time Building Inspector II position effective January 1, 2002. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed I. Police Department Authorization for Additional Police Officer Police Sergeant Toni Winters explained that the City has received aCOPS-MORE grant to provide funding for an additional school resources officer. The Department is asking the Council to authorize an additional Police Officer position forthe police department. The hire date of the new officer would be January 1, 2002. The Council will be asked to make an amendment to the Budget at a later date to show the receipt and expenditure of funds from the grant. Kay Harrison Made a Motion to Increase an Additional Full Time Police Officer as of January 1, 2002. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. City of Central Point City Council Minutes December 13~ 2001 Page 7 J. Firehouse Facilities Application and Use Guidelines Parks and Recreation Coordinator Nancy Hanson presented the Firehouse Facilities Application form and Guidelines. She stated that, after the lease agreement between the City of Central Point and Hope Christian Church expired at the end of June, it left the Old Fire Station vacant. Interested parties have approached the City asking to use the station for various occasions. Staff reviewed other city facility use agreements and have drawn up guidelines stating the special code requirements and restrictions to be included in the application form. The Parks Commission reviewed the proposed forms and recommended the Council approve the application and guidelines. Building Official Lois DeBenedetti recommended that the application form for use of the Old Fire Station require that the applicant state the number of people that will be attending the function. The Building Code requirements for the fire station require that no more than twenty-five participants attend an event in that facility. Dick Halley Made a Motion to Approve the Old Fire House Facilities Application and Guidelines Including a Requirement that the Application Provide a Space for Indicating the Number of Participants Attending the Event. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. K. Resolution No. 931, A Resolution Updating Membership in the City County Insurance Services Trust Finance Director Bill Brugger explained that City County Insurance is a Risk Retention Pool and they provide coverage for many of the City's insurance needs. Risk Retention Pools are formed so that small groups can loin together to form a much larger group to reduce administrative costs and spread the risk of losses to all. The membership of the CIS Trust includes most of the cities and counties in Oregon. The proposed resolution adopts the updated CIS Bylaws, Trust Agreement and Rules. He explained the changes to the agreement. Bill Stults made a motion to approve Resolution No. 931, a Resolution Updating Membership in the City County Insurance Services Trust. Kay Harrison seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. VIII. MAYOR'S REPORT Mayor Walton reported that: he had a meeting with State Representative Cherryl Walker regarding the Central Point I-5 interchange options. he attended a meeting regarding special education options for young people in foster care. he has received information regarding Oregon taxes versus other States. IX. CITY ADMINISTRATOR'S REPORT City Administrator Jim Bennett reported that: • he has received a letter from the Medford Water Commission proposing a water rate increase to the City. The increase will be approximately 4% and will take effect on March 1, 2002. • there are no items for the regularly scheduled Council Meeting on December 29, 2001. City of Central Point City Council Minutes December 13, 2001 Page 8 Kay Harrison made a motion to cancel the regularly scheduled Council Meeting for December 29, 2001. Bill Stults seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. he would like to have an Executive Session following the regular meeting. X. COUNCIL REPORTS Dick Halley reported that he attended a Central Point Chamber meeting to discuss locations for City entryway signs. Donna Higginbotham stated that there would not be a meeting for the Bear Creek Greenway Committee on December 25, 2001. XI. DEPARTMENT REPORTS Planning Director Tom Humphrey reported that: the Planning Department has been working on the Beebe Road Area Master Plan. the City will be receiving an award from the Local Government Commission for the Twin Creeks Transit Oriented Development Master Plan. He explained that they have invited City representatives to attend the ceremony on Saturday, January 26, 2002, to receive the award. He asked if a representative of the Council would like to attend. Kay Harrison stated that she would be very interested in attending. Bill Stults made a motion to send Kay Harrison to the New Partners for Smart Growth Conference in San Diego on January 26, 2002, to accept the award for the City of Central Point. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. Building Official Lois DeBenedetti reported on School District No. 6 plans and timelines. Finance Director Bill Brugger reported that: the Council will see some budget revisions after the first of the year. the financial statements for the end of November are complete and he is pleased with the financial status of the City for this time of year. Parks and Recreation Coordinator Nancy Hanson reported that: she has been in contact with the City of Jacksonville regarding their City Wide Cleanup Day. a City Wide Yard Sale will be held on April 27, 2002. she attended a meeting for the 4th of July Celebration and they will need a new route for the parade next year. It was also suggested that the fireworks display be held at the Expo. The school property will not be available due to building construction. Kay Harrison made a motion to continue past 10:00 p.m. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, no; Richard Halley, yes; and Kay Harrison, yes. Motion passed. Bill Stults made a motion to adjourn into Executive Session. Donna Higginbotham seconded. Roll Call: Donna Higginbotham, yes; Bill Stults, yes; Richard Halley, yes; and Kay Harrison, yes. Motion passed. _~ n City of Central Point City Council Minutes December 13, 2001 Page 9 XII. EXECUTIVE SESSION The Council adjourned to executive session at 10:00 p.m. to discuss real property transactions. No action was taken. The Council reconvened into open session at 10:27p.m. XIII. ADJOURNMENT Donna Higginbotham moved to adjourn, Kay Harrison seconded, all said "aye" and the Council Meeting was adjourned at 10:28 p.m. The foregoing minutes of the December 13, 2001, Council meeting were approved by the City Council at its meeting of January 10, 2002. Dated: /~~~~~ ~ ~( yor Bill alton ATTEST: Authorized Represent ive