HomeMy WebLinkAboutCM010401CITY OF CENTRAL POINT
City Council Meeting Minutes
January 4, 2001
i. OATH OF OFFICE
City Administrator Jim Bennett administered the Oath of Office to Mayor Elect Bill Walton.
Mayor Bill Walton administered the Oath of Office to Council Members Elect Dick Halley,
Kay Harrison, and Rusty McGrath.
REGULAR MEETING CALLED TO ORDER
Mayor Walton called the meeting to order at 7:09 p.m.
II. ROLL CALL: Mayor: Bill Walton
Council Members: David Gilmour, Dick Halley, Kay Harrison, Donna
Higginbotham, Rusty McGrath, and Bill Stults were all present.
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; Planning
Director Tom Humphrey; and Deputy Recorder Deanna Gregory
were also present.
III. PLEDGE OF ALLEGIANCE
IV. INTRODUCTION OF GUESTS
V. MINUTES
A. ~groval of December 14 2000 City Council Minutes
Donna Higginbotham made a motion to approve the minutes as presented. David
Gilmour seconded. Roll Call: Motion passed, Rusty McGrath abstained.
VI. PUBLIC APPEARANCES
Debra Miles, Central Point Resident
Ms. Miles addressed the Council concerning the posting of a "No Semi Trucks" sign that
was placed at the end of S. 9th Street and now blocks part of her driveway. She also
stated that the signs that were placed on S. 9th are not working and would like the Council
to try another option to keep Semi Trucks from going down S. 9th Street.
Public Works Director Bob Pierce explained that the City sent letters to the residents in the
area regarding the option of blocking off a portion of S. 9th Street. They received numerous
responses from residents stating that their did not want S. 9th Street blocked. McDonald's
is willing to enlarge the drive way on S. 9 Street to help trucks turn around.
Council Member McGrath stated that, when McDonald's was approved, it was stipulated
that, if truck traffic became a problem, the City would make S. 9t Street adead-end street
with a barricade.
City of Central Point
City Council Minutes
January 4, 2001
Page 2
Mayor Walton suggested that Public Works, McDonald's and the residents have a meeting
in order to solve the problem to everyone's satisfaction. The Council instructed Public
Works to remove the sign from Ms, Miles driveway.
Mayor Walton closed the Public Appearances portion of the meeting.
VII. BUSINESS
A. Election of Council President
Mayor Walton asked if there were any nominations for Council President.
Council Member Donna Higginbotham nominated Bill Stults to the position of Council
President.
Council Member Dick Halley made a motion to close the nominations. David Gilmour
seconded. Roll Call: Motion passed unanimously.
Council Member Donna Higginbotham made a motion to appoint Bill Stults to the
position of Council President. David Gilmour seconded. Roll Call: Motion passed
unanimously.
B. Appointment of City Council Representatives to Local Committees
City Administrator Jim Bennett presented a list of local committees of which the City of
Central Point is a voting member. This requires that a member of the City Council and, in
some cases an alternate, be appointed to represent the city. There are also periodic
meetings of several commissions, committees and organizations that the City Council may
wish to consider attending.
The following appointments were made to represent the city at the meetings of the
organizations named below:
Donna Higginbotham:
Rogue Valley Council of Governments (RVCOG)
Bear Creek Greenway Committee
Dick Halley:
Bear Creek Greenway Committee- Alternate
City Citizens Advisory Committee
Central Point Chamber of Commerce
Jackson County Expo Board
Kay Harrison:
Rogue Valley Council of Governments -Alternate
Jackson County Fire District No. 3 Board
So. Oregon Regional Econ. Dev., Inc. (SOREDI)
David Gilmour:
School District No. 6 Board
Bill Stults:
Regional Sewer Rate Committee -Alternate
City Park Commission
Bear Creek Valley Sanitary Authority
Medford Water Commission
City of Central Point
Ciry Council Minutes
January 4, 2001
Page 3
Rusty McGrath:
Jackson County Expo Board
Mayor Walton:
Rogue Valley Area Commission on Transportation
Metropolitan Planning Organization (MPO)
Transportation Advocacy Committee (TRADCO)
School District No. 6
Medford City Council
Jackson-Josephine County Transportation Committee (JJTC)
RVCOG Steering Committee
C. Ordinance 1817, An Ordinance Approving aPre-Annexation Development
Agreement and Master Plan for the Central Point TOD -Second Reading
Planning Director Tom Humphrey presented Ordinance No. 1817 Approving the Pre-
Annexation Development Agreement and Master Plan for the Central Point TOD to the City
Council for second reading and adoption.
City Attorney Doug Engle noted his concerns regarding the reimbursements for public
improvements proposed within the development agreement. He pointed out that if the City
were to fall behind rn SDC Reimbursement payments they would be charged 7% interest.
He was also concerned that there were no specific costs associated with these
reimbursements.
Bret Moore, W.L. Moore Construction, Inc., stated that there is a stipulation clause on page
5 of the development agreement stating that the City and Developer shall establish a
mutually acceptable reimbursement methodology and schedule for the qualified public
improvements listed within six months.
Mr. Humphrey and Mr. Moore explained that all City residents will benefit from the list of
public improvements that are provided by this agreement. Some of these improvements
are outside of the TOD area and the developers should not be responsible for the full cost.
Herb Farber, Farber Surveying, stated that the City and the Developer will have to come
to a mutual agreement on the scope of the improvements to be constructed and the
appropriate amount of reimbursement or nothing will be built. The development agreement
is needed for this process to begin.
Kay Harrison made a motion to approve Ordinance 1817, An Ordinance Approving
the Pre-Annexation Development Agreement and Master Plan for the Central Point
TOD. David Gilmour seconded. Roll Call: Motion passed unanimously.
D. Resolution No. 899, A Resolution Declaring the Annexation of 194 Acres of
Land Located North of Taylor Road, East of Grant Road and West of State
Highway 99 into the City of Central Point, Oregon (Applicant(s): Bret A.
Moore/Noel A. Moore/John A. Duke/Stephen A. Benston/Pamela K. Terry) (37
2W 36; TL 1600, 1601, 1602, 1603, & 1800)(37 2W3C; TL 100-102, 200-206 &
208)(37 2W 3CC; TL 100)
Mr. Humphrey explained that this is the 194 acres of land located on the west side of Pacific
Highway, north of Taylor Road and East of Grant Road that makes up the majority of the
Central Point TOD. The City received the application for Annexation in November of 1998.
Extensive work has been put into the master planning of this area. He stated that the
proposed resolution states that Pamela K. Terry, Tax Lot 100, is to be included in this
annexation. However, Ms. Terry has decided not to annex her property at this time and
tax lot 100 should be removed from the proposed resolution, He stated that the annexation
complies with all required criteria.
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City Council Minutes
January 4, 2001
Page 4
David Gilmour made a motion to approve Resolution No. 899, A Resolution Declaring
the Annexation of 194 Acres of Land Located North of Taylor Road, East of Grant
Road and West of State Highway 99 into the City of Central Point, Oregon
(Applicant(s): BretA. Moore/Noel A. Moore/John A.Duke/Stephen A. BenstonlPamela
K. Terry) (37 2W 3B; TL 1600, 1601, 1602, 1603, 8~ 1800)(37 2W3C; TL 100-102, 200-
206 & 208)(37 2W 3CC; TL 100) Removing Applicant Pamela K. Terry (37 2W 3CC; TL
100). Bill Stults Seconded. Roll Call: Motion passed unanimously.
E. Appeal of Planning Commission Decision Approving a Site Plan Review for
a 109-Room Motel and a 4000 sq. ft. Restaurant near the Intersection of S.
Peninger Rd. and La Rue Dr. in the C-4, Tourist and Office Professional
District.
Mr. Humphrey explained that at its regular meeting of Tuesday, December 5, 2000, the
Planning Commission held a public hearing and approved a Site Plan Review fora 109-
room motel and a 4,000 sq. ft. restaurant to be constructed near the intersection of S.
Peninger Rd. and La Rue Dr. The approval was based on the applicant demonstrating that
the required findings of fact and conclusions of law could be made by the Commission
subject to appropriate conditions of approval.
On December 11, 2000, the City Administrator received a letter from Joseph E. Kellerman
requesting that the City Council review the Planning Commission Site Plan Approval for the
proposed motel and restaurant. The appellant, Peninger/La Rue LLC, believes it would be
unfair, inequitable and unlawful to allow the owner of Tax Lots 2600, 2700, and 2800 to
utilize the improvements constructed at the adjoining property owners' expense without
reimbursement.
The appeal is based upon the appellant's contention that the developers of the
motel/restaurant project are obligated to reimburse Peninger/LaRue LLC apro-rata share
of the costs that they have incurred in constructing public improvements associated with
S. Peninger Rd., the Pilot Travel Center and Burger King. This is based upon the conditions
of approval established by the Planning Commtiss~on for the Pilot Travel Center in April,
1996. The Commission directed staff to create a reimbursement mechanism that requires
future developers to pay a share of the cost of public roadway improvements constructed
by the applicant.
Joseph E. Kellerman, Hornecker, Cowling, Hassen & Heysell, LLP
Mr. Kellerman, representing the appellant, addressed the Council stating that in 1996 the
Planning Commission stipulated in the conditions of approval for the Pilot Center that the
developers of the Pilot Center should be reimbursed on a pro-rata basis by future
development in the surrounding area that would benefit from the public infrastructure that
was to be constructed by the Pilot Center in the vicinity of S. Peninger Rd. and E. Pine St.
David Gilmour made a motion to continue past 10:00 p.m. Dick Halley seconded. Roil
Call: Motion passed unanimously.
Dan Park, Motel and Restaurant Developer, Applicant
Mr. Park does not feel that new construction should be required to pay for infrastructure
that was installed five years ago. He stated that it is not necessary for this project to use
the intersection of S. Peninger Rd. and E. Pine St. as they will have additional access off
E. Pine Street closer to the interchange.
Mr. Bennett stated that the appellant, Peninger/La Rue LLC, has presented the city with a
suggested reimbursement methodology. However, he feels that City staff should decide
how large of an area should be included in this reimbursement mechanism and what
formula should be used for determining the cost to be assessed to surrounding properties.
City of Central Point
City Council Minutes
January 4, 2001
Page 5
David Gilmour made a motion to modify the Planning Commission decision
approving a Site Plan fora 109-Room Motel and a 4,000 sq ft Restaurant near the
Intersection of S. Peninger Rd. and La Rue Dr., stating that the Applicant will be
included in an area of benefit and required to participate in the reimbursement
mechanism for Peninger/La Rue LLD as determined by City staff.
VIII. MAYOR'S REPORT
Mayor Walton reported that:
the January City Council Study Session will be on Thursday, January 18, 2000, at
6:00. This session will be on Goal Setting for the City Council.
he would like the Council to schedule Study Sessions on the Third Tuesday of each
month at 6:00 p.m.
he encourages discussion of items between the Council Members. However, he
would like the discussions to come to an end when a vote has been taken. He
expects all Council Members to then abide by the majority decision.
IX. CITY ADMINISTRATOR'S REPORT
City Administrator Jim Bennett reported that:
• the Medford Water Commission will hold a meeting on January 17th to discuss an
increase in water rates.
• the purchase of the Liberty Park property from ODOT is complete and Grange Co-
Opwill proceed with purchasing the site from the City.
• we are in need of volunteers to be on Committees for the City. He asked the
Council to help in finding qualified candidates from within their constituencies.
X. COUNCIL REPORTS
Bill Stults reported that:
BCVSA is constructing a new sewer line in Beebe Road. The new line will be
installed at a shallower depth than the storm drain line previously constructed in
Beebe Road and should not impact the surrounding ground water level.
BCVSA has a standing offer to help with the cost of installing restroom facilities in
City parks if the City is interested.
the increase in the water rates by the Medford Water Commission will help with
improvements that are needed at the treatment plant.
XI. DEPARTMENT REPORTS
Building Official Lois DeBenedetti reported that:
• the permit for Fairfield Inn and Suites has been issued
• she will present the Annual Report for the Building Department at the next Council
Meeting.
Parks and Rec Coordinator Nancy Hanson reported that:
• the Rec Programs are filling up very fast and have been a huge success.
• there will be a Park Commission Meeting on January 11, at 7:00 p.m.
• the City and the School District are working together on a $5,000 Grant for a
summer program called "VisionQuest".
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City Council Minutes
January 4, 2001
Page 6
Public Works Director Bob Pierce reported that:
• the "No Semi-Trucks" signs are up on Oak Street.
• City hall had a surprise visit from OSHA today. He was happy to report that there
were no violations found.
Planning Director Tom Humphrey reported that: W.L. Moore Construction has purchased
the empty lot on the corner of Oak and 4 Streets. They will be constructing a mixed use
office building on the site and moving their business to that address along with Farber
Surveying.
Finance Director Bill Brugger reported that the Comprehensive Annual Finance Report
(CAFR) is done and there were no recommended changes from the auditors.
XII. ADJOURNMENT
Donna Higginbotham moved to adjourn, Dave Gilmour seconded, all said "aye" and the
Council Meeting was adjourned at 10:40 p.m.
The foregoing minutes of the January 4, 2001, Council meeting were approved by the City Council
at its meeting of January 25, 2001.
Dated: ~ ab_~,
ATTEST:
Authorized Representa ve
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Mayor Bill Walton
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