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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. City of Central Point 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". Ciry of Central Point 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 ~~~ Mayor Bill Walton .~ ~~ C