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HomeMy WebLinkAboutCM112901CITY OF CENTRAL POINT City Council Meeting Minutes November 29, 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: David Gilmour, Dick Halley, Kay Harrison, Donna Higginbotham, and Dennis Richardson were present. Bill Stults was absent. City Administrator Jim Bennett; City Attorney Doug Engle; Public Works Director Bob Pierce; Police Chief Mike Sweeny; 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 November 15. 2001. City Council Minutes Dick Halley made a motion to approve the minutes as presented. David Gilmour seconded. Roll Call: Motion passed unanimously. VI. PUBLIC APPEARANCES Marlene Watson, 555 Freeman Road Mrs. Watson presented additional information regarding the Looking Good Lancaster Program and indicated that she would like to see a similar program started in Central Point. Mayor Walton asked if she would be willing to be on a committee to help get this program started. She stated that she would be available to be on a committee but did not feel that she could be the chair person for that committee. It was discussed that the City Beautification Committee could be reconstituted for this type of project and for acity-wide yard sale project that was suggested at a past meeting. City Staff will solicit letters of interest from citizens who wish to serve on the committee. Mayor Walton closed the Public Appearances portion of the meeting. VII. BUSINESS A. 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 -First Reading and Introduction City ofCentral Point City Council Minutes November29, 2001 Page 2 City Administrator Jim Bennett explained that at the City Council study session on Wednesday, November 14, 2001, the City heard a presentation from Hunter Communications proposing to provide high speed Internet and data transmission services to the City of Central Point. These services would be developed and introduced gradually into the community over a period of eighteen to thirty-six months. Hunter Communications has also worked with the City of Ashland to establish the Ashland Fiber Network and with the City of Medford to provide services similar to those proposed for Central Point. Hunter Communications asked the City to grant it anon-exclusive franchise within the City of Central Point to begin providing these services to the community. City staff prepared an ordinance granting such a franchise for consideration by the City Council. The franchise agreement is similar to the one recently approved between the City of Medford and Hunter. It would grant Hunter Communications anon-exclusive franchise for a period of five years during which time they would pay a franchise fee of 7% of gross revenues to the City. The City retains full control over its public rights-of-way and has approval authority for any transfer, assignment, or merger of the franchise. There was discussion regarding the 7% franchise fee proposed for Hunter Communications and the 5% franchise fee presently charge to Charter Communications. Mr. Bennett explained that 7% is the maximum allowed by the State of Oregon for telecommunications franchise agreements. Richard Ryan, General Manager Hunter Communications. Mr. Ryan stated that his company is not proposing to offer cable television services at this time. The agreement states that when they are able to offer that service they will return to the Council for approval of a new franchise agreement. At this time they would like to lay the framework to bring high speed Internet/Intranet services to the community beginning with public entities, such as the School District and City Hall, and then moving on to local businesses. Once the framework is in place, they will then be able to introduce these services city-wide. He asked the Council to consider reducing the franchise fee amount from 7% to 5% to coincide with similar Franchise Agreements. There was discussion about a portion of Section 12 of the proposed franchise agreement that talks about offsetting the cost of the franchise fee paid to the City for the use of facilities by the City. It was suggested that this clause be removed from the agreement because it is an unknown amount. It was also suggested that the franchise fee amount be lowered to 5%. Lora Seale, Charter Communications Representative Ron Hren, Charter Communications Representative Ms. Seale and Mr. Hren explained that Charter Communications is not against competition in the valley. However, they would like to see them compete on a level playing field. They explained that a cable franchise is required by Federal law to follow certain guidelines and some of those requirements are not included in the proposed agreement. The franchise agreement with Charter and the one proposed for Hunter Communications should be the same. Charter is required to have bonding and provide services to all of the citizens of Central Point. The proposed agreement with Hunter does not have those requirements. They are concerned that without these requirements Hunter Communications might pick and choose who they will provide service to, targeting the most lucrative customers. Mr. Ryan explained that Hunter Communications will not be providing cable television services at this time and he does not think that his company is under the same Federal requirements as Charter Communications. There was discussion regarding Federal standards for telecommunications and cable services. The Council determined that more information was needed to differentiate between the two types of services and that the proposed franchise agreement should be reviewed by staff to determine if any changes were warranted based on the issues raised. C '1 ~: City of Central Point City Council Minutes November19,1001 Page 3 Dick Halley Made a Motion to Continue this Item to the Council Meeting on December 13, 2001, and Direct Staff to Review the Proposed Franchise Agreement for Compliance with Federal Regulations and the Present Franch_(ise Agreement with Charter Communications. Kay Harrison seconded. Roll Call: Motionpassedunanimously. B. Resolution No. 928, A Resolution Modifying the City's Water Treatment and Transmission Systems Development Charge Mr. Bennett explained that at its meeting of September 5, 2001, the Medford Water Commission Board revised the systems development charges (SDCs) for its water treatment and transmission facilities based on the most recent SDC study completed in July, 2001. The City of Central Point collects this SDC for the Medford Water Commission from all new development within the City limits. The base SDC will increase from $548.91 to $782.69 per equivalent residential unit (ERU). This is the amount that a new single- family residence would pay. The amount of the SDC increases with the size of the water meter. The increase of the SDCs is due to the cost of the new ozonation facility that will be constructed at the Duff Treatment Plant. The proposed resolution modifies the City's water treatment and transmission SDC in accordance with the July, 2001, SDC Study prepared for the Medford Water Commission. David Gilmour Made a Motion to Approve Resolution No. 928, A Resolution Modifying the City's Water Treatment and Transmissions Facilities Systems Development Charge. Donna Higginbotham seconded. Roll Call: Motion passed unanimously. C. Resolution No. 929, A Resolution Authorizing the Mayor and City Administrator to Execute and Endorse an Amendment to the Agreement with the League of Oregon Cities Governing the League Status as a Unit of Local Government, Similar to Other Cooperative Intergovernmental Agencies in which Cities Create and Participate Mr. Bennett explained that at the League of Oregon Cities annual conference in Eugene, the League of Oregon Cities Constitution was amended by adding two additional Directors to its Board as well as other word-smithing changes. None of the Constitutional changes reflect a change in the way the League functions or the relationship between the League and its members. He explained that because of these constitutional changes, however, it is necessary to amend the present ORS Chapter 190 agreement that establishes the authority of the League of Oregon Cities to act on the behalf of its member cities. The attached resolution and intergovernmental agreement will satisfy this requirement. The League of Oregon Cities has requested that a copy of the adopted resolution and the signed agreement be forwarded to their office by January 1, 2002. David Gilmour Made a Motion to Approve Resolution 929, a Resolution Authorizing the Mayor and City Administrator of the City of Central Point to Execute and Endorse an Amendment to the Agreement with the League of Oregon Cities Governing the League Status as a Unit of Local Government, Similar to Other Cooperative Intergovernmental Agencies in Which Cities Create and Participate. Dick Halley seconded. Roll Call: Motion passed unanimously. D. Certification of Initiative Measures Amending City Charter to Ballot Mr. Bennett explained that two initiative measures have been submitted to the City for signature verification with the intent of placing them on the ballot. 1. Section 43 Initiative Measure 2. Section 44 Initiative Measure City ofCentral Point City Council Minutes November29, 2001 Page 4 The chief petitioners for the initiative measures are Charles Olsen, Carol Fischer, and Rusty McGrath. If approved, the initiative measures would amend the City Charter to require that any increase in City fees or any new City fee must be subject to a vote by the electors of the City of Central Point. The initiative petition signature sheets were submitted to the Jackson County Elections Department for signature verification. Both initiative measures qualified for placement on the ballot. State election law requires that both of the initiative measures now be filed with the City Council. The initiative measures are amendments to the City Charter and must be submitted to the city electorate. The election would be held at the next available election date which is Tuesday, March 12, 2002. There was discussion regarding the financial impact these measures will have on the City of Central Point if approved by the electorate. The City may hold a town hall meeting, submit an explanatory statement forthe voters pamphlet, and provide a neutral explanatory statement for the citizens. Dick Halley Made a Motion Authorizing the Certification of Initiative Measures Amending the City Charter to the Ballot. Donna Higginbotham seconded. Roll Call: Motion passed unanimously. E. Growth Area Recommendations for "One Valley" Regional Problem Solving Project Community Planner Matt Samitore explained that the Central Point Citizens Advisory Committee (CAC) met on November 20`h, to receive public input and formulate a recommendation to the City Council regarding the Regional Problem Solving (RPS) candidate growth areas around Central Point. This is the third public meeting that the Planning Department has conducted on this subject in addition to distributing and receiving comments via a survey. RVCOG would like the City Council to make recommendations to the RPS Policy Committee about the candidate urban growth areas. Mr. Samitore explained the four recommended areas: Area CP-1: The CAC questioned the inclusion of this area due to its distance from the City. The Committee believes that it may have more regional than local significance although it may be a good location for additional industrial land which the City needs more of. It should not be a high priority. Area CP-2: The Consensus of the CAC is that the farm land identified by the Resource Lands Review Committee (RLRC) is not as valuable or economically viable as believed. These areas should not be excluded from the candidate area outlined on the map. However, buffers would be needed between urban uses and farming operations. Area CP-3: The CAC believes that this is a natural extension to the Urban Growth Boundary (UGB) and should be added. In addition the City's UGB should be redefined north of Taylor Road so that it follows Grant Road all the way to Scenic Road. Area CP-4: The CAC believes that this area should be brought into the UGB as an infill site but with some funding mechanism to upgrade the infrastructure. CP/MD-1: The CAC did not have a specific opinion about this area but agreed that it was too far removed from Central Point's core. The Planning Commission will hold a public hearing on December 4`h and forward its recommendation to the Council. It is anticipated that the City Council will formulate a recommendation to the RPS Policy Committee on December 13`h City ofCentral Point City Council Minutes Novemberl9, 2001 Page S David Gilmour suggested that the City include the area east of Grant Road and the School District No. 6 property on Scenic Avenue within the area for CP-3 VIII. MAYOR'S REPORT Mayor Walton reported that: the Boy Scouts will be picking up Christmas Trees after the first of the year. he received a letter from ODOT stating that the City cannot regulate truck traffic on City streets ODOT is looking at a solution for traffic impacts on the Central Point Interchange. IX. CITY ADMINISTRATOR'S REPORT City Administrator Jim Bennett reported that: The City Christmas Party will be held on December 17tH at the Bella Union in Jacksonville. as of July 1, 2001, the preliminary population for Central Point is 13,460. This is an increase of 6.3%. Central Point is 33rd largest of 240 cities in Oregon. X. COUNCIL REPORTS Dave Gilmour reported that: • he has a copy of the model Skateboard Ordinance that he picked up at the annual LOC conference. He suggested that City staff review the ordinance to assist in preparing a similar ordinance for Central Point. • the City needs to look at the issue of wards vs. at-large positions for future elections. Dick Halley reported that: he attended a meeting at the Sr. Center. he received a letter from the office of the Queen of England in response to the letter he sent regarding September 11tH Dennis Richardson reported that: he would like to give the City the information that he received at LOC regarding the Youth Advisory Committee for use in setting up a YAC in Central Point. he will be attending a Fair Board meeting next week with Mr. Halley. he would like to see the City Beautification Committee reconstituted to help with a City-Wide Yard Sale and Clean-Up Day. XI. DEPARTMENT REPORTS Public Works Director Bob Pierce reported that: • the fall leaf pick up will be December 2 - 4. • the Scenic Avenue bridge and culvert project is complete. Planning Coordinator Matt Samitore reported that there will be a subarea master plan meeting on Monday December 3, at 9:00 am, and a Beebe master plan meeting on Tuesday December 4, at 6:00 p.m. City ofCentral Point City Council Minutes November 29,1001 Page 6 Parks and Recreation Coordinator Nancy Hanson presented a list of winter programs which will be coming out in the December water bills. XIII. ADJOURNMENT Dennis Richardson moved to adjourn, Dick Halley seconded, all said "aye" and the Council Meeting was adjourned at 9:55 p.m. The foregoing minutes of the November 29, 2001, Council meeting were approved by the City Council at its meeting of December 13, 2001. Dated: ~~ 1, ~/bl ATTEST: 0 Authorized Represent ive Mayor Bill alton _~ ~1