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HomeMy WebLinkAboutCM092701CITY OF CENTRAL POINT City Council Meeting Minutes September 27, 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, Dennis Richardson, and Bill Stults. City Administrator Jim Bennett; City Attorney Doug Engle; Public Works Director Bob Pierce; Finance Director Bill Brugger; Police Chief Mike Sweeny; Planning Director Tom Humphrey; and Deputy Recorder Deanna Gregory were also present. III. PLEDGE OF ALLEGIANCE IV. INTRODUCTION OF GUESTS V. MINUTES A. Approval of September 13 2001 City Council Minutes David Gilmour made a motion to approve the minutes as presented. Kay Harrison seconded. Roll Call: Motion passed unanimously. VI. PUBLIC APPEARANCES Mrs. Marlene Watson, Central Point Resident Mrs. Watson would like to see the City of Central Point start a City Clean up day. She presented news articles from the City of Lancaster, CA to the Deputy Recorder to provide copies to the Council Members. Mayor Walton closed the Public Appearances portion of the meeting. VII. BUSINESS A. BCVSA Activity Report Chuck Root, Manager, Bear Creek Valley Sanitary Authority, reported that BCVSA currently serves 18,838 sanitary sewer accounts, 17,562 of which are residential. Mr. Root presented a letter to the Council reviewing the accomplishments of BCVSA over the last five years. This report includes regional as well as local projects. B. Breast Cancer Awareness Month City Administrator Jim Bennett explained that the City received a letter from the Jackson County Community Health Educator encouraging all municipalities to issue proclamations recognizing October as Breast Cancer Awareness Month. This will help to educate and increase awareness in our community regarding the importance of early detection of breast cancer. There will be a Breast Health Fair at the Rogue Valley Mall on October 13, 2001. Information will be provided for early detection, treatment options, and healthy lifestyles. City of Central Point City Council Minutes September 27, 2001 Page 2 David Gilrttour made a Motion Authorizing the Mayor to Sign a Proclamation Designating October, 2001, as Breast Cancer Awareness Month. Bill Stults seconded. Roll Call: Motion passed unanimously. C. Analysis of Libby St. Reconstruction Public Works Director Bob Pierce explained that Bill and Peggy Hamilton, Libby Street residents, appeared before the City Council on September 13, 2001, and requested the City to help find a solution to making repairs to Libby Street. When the property along Libby Street was annexed into the City the Street was excluded from the annexation. Libby Street is considered a Local Access Road by Jackson County and the adjoining property owners are responsible for maintenance and repairs. Mr. Pierce stated several options the City has in regards to Libby Street. This is an unusual street because of size and width differences. He explained the expenses that would be involved. The City could form a Local Improvement District for the five property owners who take access. He explained options available to determine what the repairs will cost: A) sidewalks; B) curb and gutter; C) storm drain facilities. City Staff has been in contact with the County, they are reluctant to help with the cost of the improvements because they have other Local Access Roads in the County and this might set a precedence. Staffwill continue to talk with the County Roads Department to determine if they are willing to help with some of the cost. Mr. Bennett explained that before the City can do improvements to Libby Street it would need to be annexed into the City and become part of the Street Inventory. Libby needs to be completely reconstructed. The Council discussed residents and City splitting the cost and create a skinny street. City Staff was directed to continue talking to the County regarding the improvements and contact the State to see if there are any Grants available. In the meantime the Public Works Department will lay gravel and grade the road. D. Alternative Wetland Mitigation for Summerfield Subdivision Mr. Pierce explained that the City owns two parcels of land at the north end of Vista Drive in Summerfield Subdivision. This property is used as a storm water retention area designed to accept flows from up to a ten year storm event. The second parcel was designed to be used as a Wetland Mitigation area as required by the Oregon Division of State Lands, to help replace the wetlands that were lost as a result of the construction of the subdivision. Also, this parcel was to provide emergency overflow storage for excess storm water flowing into the retention area. Mr. Pierce explained that a second emergency overflow notch was to be placed in the easterly bank of the storm water retention area to allow the drainage of additional water into the I-5 right of way ditch which borders the subdivision. However, permission to notch the easterly bank has been denied by DOT, so the retention area does not have a second emergency overflow. The State has also increased the size of the bank which could cause storm water to back into the street. Mr. Buntin, the developer of Summerfield Subdivision, has not completed the required improvements to the wetland area or storm water retention. Mr. Buntin has been negotiating with the Oregon Division of State Lands (DSL) over the disposition of the construction of the mitigated wetlands. He has asked to address the Council with options regarding this property. The Planning Commission approved the Summerfield Subdivision with the following conditions: "Any restoration or mitigation of wetlands, drainage ways, habitats or similar feature, as required by any state or federal regulatory agency, shall be preformed by and at the expense of the developer. Any improvements constructed as part of this development that must be removed, relocated, modified, or abandoned (as ~I 0 Ciry of Central Point Ciry Council Minutes September 27, 2001 Page 3 approved by the City's PWD) in order to meet the requirements of any applicable regulatory agency shall be done by and at the expense of the developer. Any required restoration or mitigation work is to be competed by the developer and approved by the applicable regulatory agency and the City's PWD prior to the City's acceptance and operation of any public works improvements associated with this development, or as otherwise approved by the City PWD Director." Mr. Buntin, and Lee Brennan, Agate Engineering, presented a report to the Council explaining that this property could be better utilized if it was divided into three parcels, one parcel sold as a residential lot, the second parcel made into a pocket park, and the third completed as the retention pond. He presented a proposed park and explained that the residential lot would be a buffer for the current residents and to help pay for the cost of the park. If the wetlands mitigation area is not constructed the developerwill be required to pay DSL a fee of $22,000. Mr. Brennan presented a cost estimate to the City of $89,000 for developing one lot, the park and installing the overflow pipe into the ODOT Right of Way. Mr. Brad Morris, Resident of Summerfield Subdivision Mr. Morris stated that as a resident he would like to see a park built in this area, at this time the property is an eye soar in a beautiful neighborhood. He would like to see the drainage problem with the retention pond completed and a park for the children to use. There was discussion regarding the City keeping the property as is and slowly building a park in phases. Mr. Bennett stated that it would not be appropriate for the Council to take action at this time, but staff can return with recommendations. If the wetlands mitigation area and retention pond are constructed as stated in the Planning Commission conditions of approval there would be no cost to the City. E. Brookfield Estates Temporary Connection to Taylor Rd. Mr. Pierce explained that Pat Havird, Developer of Brookfield Estates Subdivision, has approached the City with a request to allow a temporary connection to Taylor Road for Phase 2. The Developer has not yet received permission from the U.S. Army Corps of Engineers to construct the bridge over Griffin Creek which will connect Brookfield Estates Subdivision, Phase 2 with Phase 1. He stated that Donna Way is not allowed to extend through to Taylor Road without an "emergency access only" gate at the north end of Donna Way as it exists. They would like to begin construction but are not able to get to the property with out the bridge being constructed. When they receive permission for the bridge the construction will begin next Summer. The temporary connection on Taylor Road will enable them to begin construction. Mr. Havird stated that he is confident permission to build the bridge will be granted this year. However, he would like to begin construction on Phase 2 this fall and needs access from Taylor Road to do so. He explained the reasons that the Corps of Engineers have not been able to grant the permission as shortage in staff due in part to the Klamath Falls Water problems and staff being out of the office. There was concern regarding the temporary access becoming a permanent street if permission for the bridge is not approved. The City would be requiring a bond from the Developer to guarantee the construction of the bridge either by the City or the Developer. Mr. Pierce does not think that there will be a problem getting permission from U.S. Army Corps of Engineers to build the bridge. Dennis Richardson Made a Motion to Grant Temporary Access to Brookfield Estates Subdivision Phase 2 with the Understanding That No Lots Will Be Sold until Permits Have Been Granted forthe Connecting Road Known as Summerlin Drive, and Subject to the Conditions as Set Forth in the Packet and That No Certificate of Occupancy Be City of Central Point City Council Minutes September 27, 2001 Page 4 Allowed until the Bridge Is Constructed and Access Is Available as Shown on the Plot Map, Building Permits May Be Issued and Construction Can Begin. Dave Gilmour seconded. Roll Call: Dave Gilmour, yes; Dick Halley, yes; Kay Harrison, no; Donna Higginbotham, yes; Dennis Richardson, yes; and Bill Stults, yes. 1=. Agreement for Lease of Public Right-of-Way Planning Director Tom Humphrey stated that they have received a request from Jose Castillo to erect a 42" high chain link fence within the public right-of-way along portions of Cherry and Ninth Streets. One section of the fence would encroach a behind the curb and sidewalk on a 55 foot frontage of Cherry with arsecondlsectiont constructed on the property line along 140 feet of Ninth Street. Requests of this type have been granted if the property owner and the city enter into a lease agreement. CPMC 12.20.020(8) establishes the regulations governing fences placed in rights-of-way. The fence will be no higher than 42 inches. The lease agreement has been drafted by the City Attorney and will indemnify the City from any actions resulting from placing the fence in the right-of-way allowing the City to remove the fence for any reason with no compensation to the owner. There are no public utilities or City utilities within the right-of-way. Staff has no objection to the placement of the fence subject to the conditions set forth in the lease agreement. Bill Stults made a motion Approving An Agreement for Lease of Public Right-of-Way forJose Castillo, 347 Ninth Street, Central Point, Oregon. Dick Halley seconded. Roll Call: Motion passed unanimously. G. Review of Masonic Lodge Annexation Application Mr. Humphrey explained that the members of the Central Point Masonic Lodge attended the last Council Meeting on September 13, 2001, in order to discuss their intention to annex land to the city and to request that some planning fees be waived to expedite their development plans. Planning and Public Works Departments have met with the Masons in the past and again just recently to work through a process with them for building a new Lodge on the cemetery property at Hamrick/Vilas Roads. The City is interested in working out a shared access and parking agreement with the Masons so that we can maximize the use of their site and the City's adjoining park land. There are a few things that need to take place in the process of developing/redeveloping the Masons' Property. These include annexation, a land partition, final plat and site plan. The costs associated with each of these applications are $500, $300, $250 (plus $10/lot) and $300 respectively. The Masons are not able to make improvements to the cemetery at this time and would like reassurrance that the City will not require improvements as part of the conditions of approval. Once the annexation is complete the Masons can apply for a land partition. Mr. Bennett explained that this was an informational item and no action was needed. VIII. MAYOR'S REPORT Mayor Walton reported that: • he attended the announcement of Council Member Dennis Richardson running for State Office • the MPO meeting for September was cancelled. IX. CITY ADMINISTRATOR'S REPORT Mr. Bennett reported that: City of Central Point City Council Minutes September 27, 2001 Page 5 • there will be a tour of the Rogue Disposal facility in October. • the ICMA Conf will be held November 9 - 11, any Council Members who would like to attend please let Deanna know so that she can make reservations. • he will be on vacation from September 29, and returning to the office on October 8. • he would like to have an executive session following the regular meeting tonight to discuss Real Property. X. COUNCIL REPORTS Dennis Richardson reported that he had not heard from the SOAC committee on the status of the Aquatic pool. Nancy Hanson stated that they have been on fact finding missions and should be holding a meeting soon. Dick Halley reported that: • he attended a Fair Board meeting and they are continuing to work on the conditional use permit the amphitheater. • the Harvest Fair will be the weekend of September 29tH • the Wild Rogue Rodeo will be in October 26 - 28th. • the County will be constructing a bark path from Pine Street to the Fairgrounds. • he would like to thank Jim and Deanna for helping him find the proper address for the Queen of England. He sent a thank you to her in regards to playing the National Anthem during the Changing of the Guards Bill Stults reported that there is still a bush on the Corner of Freeman and Beall that is in the site triangle. Mr. Pierce stated that he believes the bush is on County Property and will check into having it trimmed. Dave Gilmour reported that: he has received information on an Amphitheater in Florida concerning noise control regulations. He would like to see DEQ involved in noise control and air pollution for the Central Point site. He suggested that we have testing done during the next concert. the State of Oregon has a been updating their Bio Terrorism Policy. Kay Harrison reported that: the Medford Joint Transportation Committee has been reviewing Smart Streets. the Medford TOD area is very nice but she prefers Twin Creeks. XI. DEPARTMENT REPORTS Public Works Director Bob Pierce reported that: he has been asked if the City could put cross walks on Stn and 3`d at the location of the path that goes to the High School. Donna Higginbotham made a motion to approve cross walks on Crest, 5t'' and 3`~ Streets. Kay Harrison seconded. Roll Call: Motion passed unanimously. he has received one complaint regarding the stop signs the Council approved for Marilee Street. She stated that cars are now speeding on Forest Glen. Planning Director Tom Humphrey reported that: a downtown facade guide book has been completed to help the Downtown City of Central Point City Council Minutes September 27, 2001 Page 6 merchants with ideas for revitalization. Police Chief Mike Sweeny reported that: • the Police Department has received two Grants. • Police Officer overtime for traffic enforcement at $4,000 • School Officer for three years at $125,000 Park and Recreation Director Nancy Hanson reported that: • the Park Commission will have a vacancy due to one of the Commissioners moving out of the City. • the Skate Park fund raiser had approximately 300 people in attendance • she attended a Oregon Park and Recreation Conference in Seaside. Bill Stults made a motion to adjourn into executive session for the purpose to conduct deliberations on real property transactions. Dave Gilmour seconded. Roll Call: Motion passed unanimously. Donna Higginbotham made a motion to continue past 10:00 p.m. Kay Harrison Seconded. Roll Call: Motion passed unanimously. XII. EXECUTIVE SESSION The City Council adjourned to Executive Session at 9:50 p.m. to conduct deliberations on real property transactions. No action was taken. The Council reconvened into open session at 10:23 p.m. XIII. ADJOURNMENT Kay Harrison moved to adjourn, David Gilmour seconded, all said "aye" and the Council Meeting was adjourned at 10:24 p.m. The foregoing minutes of the September 27, 2001, Council meeting were approved by the City Council at its meeting of October 11, 2001. Dated: ~p 1. ~ a~ o ~ ~~ ~ ~~- _ Mayor Bill Walton ATTE Authorized Rep