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HomeMy WebLinkAboutCM0612030 CITY OF CENTRAL POINT City Council Meeting Minutes June 12, 2003 I. REGULAR MEETING CALLED TO ORDER Council President Bill Stults called the meeting to order at 7:00 p.m. II. ROLL CALL: Mayor: Hank Williams -Excused Council Members: Nate Banry, Dick Halley, Donna Higginbotham, Mike Quilty, and Bill Stults were present. Kay Harrison arrived at 7:15 p.m. City Administrator Phil Messina; 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. r~ III. PLEDGE OF ALLEGIANCE IV. INTRODUCTION OF GUESTS V. MINUTES A. Approval of May 22 2003 City Council Minutes Mike Quilty made a motion to approve the minutes as presented. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VI. PUBLIC APPEARANCES There were no Public Appearances. 1 VII. PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS Council President Stults opened the Public Hearing for Budget Resolutions. There were no comments. City of Ceutr~il Point. City Council Minutes June 12, 2003 P~eZ A. Resolution No. 979, A Resolution Adopting General Procedures for Fiscal Year 2003 - 2004. Mr. Messina explained that the City of Central Point deems it appropriate to authorize certain appointments and procedures relating to City administration and budget, fiscal management and book keeping matters for fiscal year 2003-2004. Nate Banry made a motion to .approve Resolution 979, A Resolution Adopting General Procedures for Fiscal Year 2003 - 2004. Dick Halley seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. B. Resolution No. 980, A Resolution Certifying the Provision of Certain Municipal Services by the City of Central` Point, Oregon. Mr. Messina explained that in order for Cities located within Counties with populations over 100,000 to receive State revenues from cigarette, gas, and liquor taxes, the State must be satisfied that the City provides certain municipal services. This resolution certifies the City provides police protection, street construction, maintenance and lighting, sanitary sewers, storm drains, planning, zoning and subdivision control, and water utilities. Dick Halley made a motion to approve Resolution No. 980, A Resolution Certifying the Provision of Certain Municipal Services by the City of Central Point, Oregon. Donna Higginbotham seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. C. Resolution No. 981, A Resolution Electing to Receive State Revenue Sharing Funds for Fiscal Year 2003-2004 Pursuant to ORS 221.770. Mr. Messina explained that ORS 221.770 sets requirements for eligibility by cities for receipt of State revenue sharing funds. The City of Central Point wishes to receive distribution of these funds and has adhered to all the State requirements for receiving the funds. Mike Quilty made a motion to approve Resolution No. 981, A Resolution Electing to Receive State Revenue Sharing Funds for Fiscal Year 2003-2004 Pursuant to ORS 221.770. Donna Higginbotham seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. D. Resolution No. 982, A Resolution Adopting a Budget for Fiscal Year July 1, 2003, to June 30, 2004, Making Appropriations and Levying Taxes. Mr. Messina explained that this is the culmination of the budget process by adopting the budget and levying taxes for the upcoming fiscal year. Mike Quilty made a motion to approve Resolution No. 982, a Resolution Adopting a City of Central Point City Council Miuutes Jwie 12, 2003 Page 3 Budget for Fiscal Year July 1, 2003 to June 30, 2004, Making Appropriations and Levying Taxes. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. E. Resolution No. 983, A Resolution Amending the City of Central Point Position Classification Pay Plan. Mr. Messina explained that this is the pay schedule for City Hall employees classifications. The amendments to the plan were discussed during the Budget process. He explained that the schedule in the Council Packet had some errors and presented a revised copy. Mike Quilty made a motion to approve Resolution No. 983, A Resolution Amending the Revised City of Central Point Position Classification Pay Plan. Dick Halley seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. D. Resolution No. 984, A Resolution Transferring Appropriations within Funds for Fiscal Year 2002 - 2003. Finance Director Bill Brugger explained that the requested transfer is due to the early retirement of the Police Chief and Lieutenant, an increase in computer consultant fees and a larger than projected increase in revenue and transfer of our 911 excise tax. The requested amount is less than 10% of the total budget and does not require public notices or reconvening of the Budget Committee. Nate Banry made a motion to approve Resolution 984, A Resolution Transferring Appropriations within Funds for Fiscal Year 2002-2003. Mike Quilty seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. * Kay Harrison arrived at 7:15 p.m. E. Ordinance No. , An Ordinance Amending CPMC 17.44.020 and 17.44.030 to Better Define Community Shopping Centers and to Clarify Development Plan Processing Requirements, Declaring an Emergency. Planning Director Tom Humphrey explained that the Planning Department has been approached by developers who are interested in bringing a `big box' retail to Central Point. Their questions regarding the location of such a development have lead to the re- consideration of the uses permitted in the C-4 zoning district, the definition of a community shopping center and the specification of maximum size for an 'anchor-tenant' in a community shopping center. The C-4 zoning district permits community shopping centers, defined as a group of commercial establishments planned, developed, owned or managed as a unit. The City of Central Point City Council Minutes ,June 12, 2003 Page 4 maximum area of an anchor tenant is being specified in the proposed ordinance. Mr. Humphrey explained that the City is interpreting a community shopping center as the type developed at the Mountain View Plaza and as originally proposed by Naumes, Inc. in 1999 for the Pear Blossom Center. Amendments proposed in the pending ordinance would limit the anchor store to 80,000 square feet in the future. A single big box store, regardless of the number of uses it has internally, was not intended to constitute a community shopping center. He explained that a single `big box' store exceeding 80,000 square feet is considered to be inconsistent with the surrounding and proposed residential uses and neighborhoods, has the potential to set a negative precedent and would be at cross purposes with the Central Point Strategic Plan. Mr. Humphrey explained that today the City received a site plan fora 207,000 square foot Super Walmart to be located at the Pear Blossom Center. He stated that the proposed ordinance would not affect the application received by City Hall. Staff recommends approval of the proposed ordinance which establishes 80,000 square feet as the maximum floor space for an anchor in a shopping center under its emergency provision. Immediately clarifying development plan processing requirements for shopping centers is in the public's general welfare and could minimize unnecessary financial expense to the developer. Council President Stults opened the public hearing. Cherryl Walker, Murphy, OR -opposed Ms. Walker stated that she has worked with legislation and several state agencies to encourage this type of Economic development. This type of business would be good for Central Point and the surrounding area. She explained that a Super Walmart would not affect the downtown businesses, but instead would encourage people to shop in Central Point. This is a great location for this type of business with I-5 so close. The Council should not limit the size of buildings in a C-4 Zone. If the Council approves the recommended amendments the City might as well put out a sign that says "Your business not wanted here". Cities should be encouraging any type of economic development to put its citizens to work. Mike Naumes, President of Naumes, Inc. -opposed Mr. Naumes stated that he has tried, without success, to get businesses to locate in the Pear Blossom Center. Mr. Humphrey endorsed the idea of Home Depot coming into Central Point and does not understand the commotion regarding a Super WalMart. He was never told that `big box' development was not welcome in Central Point. He does not like the back door anti-Walmart tactic that the City has taken with the proposed amendments. Robert Boggess, Chief Operating Officer, Naumes, Inc. -opposed Mr. Boggess stated that by considering the proposed amendment to Chapter 17.44 of the CPMC the City Council has not followed due process. The City has failed to comply with City of CenU-al Point City Council Muiutcs ,June 12, 2003 Yagc .5 the procedural requirements set forth in Chapters 1.24 and 17.88, which require the Planning Commission to first review an amendment to the text and make recommendations to the Council before they consider it. Declaring an emergency is improper in this case. ORS 221.310 allows for emergency adoption only if it is necessary for the immediate preservation of peace, health and safety of the City. There is no legitimate purpose for the City to require emergency action. He stated that as owners of the property they have not received due process and have been substantially damaged by the consideration of the proposed amendments. They feel that the City is trying to block this particular user from buying the property. The process that the city is using in this process is detrimental to, and has not allowed for fair, open and thorough input from the property owners, neighbors, City residents consumers or the business community. Frank Pulver -Pulver and Leever Real Estate Company -opposed Mr. Pulver explained that his company represented the Pear Blossom Center to a number of large companies including Safeway, Fred Meyer, Bi-Mart and C&K Markets and indirectly to a number of other companies through developers and agents, including Home Depot. Neither them or their predecessor agent were able to successfully close a transaction. He believes a company the scale of WalMart would be a magnet for smaller commercial and office users, and make the Central Point area a strong center for commerce on its own rather than just a bedroom community for Medford. Marvin Evans, Donna Way, Central Point -opposed Mr. Evans would like to see Walmart come to Central Point. He would like to shop in town and not be required to go to Medford. A store the size of a Walmart Superstore would encourage Central Point Citizens to shop in town. Currently they drive past the vacant lot on their way to Walmart and other stores in Medford. John Batter, Pinegate Way, Central Point -opposed Mr. Batter believes that each site plan application should be on a case by case decision. The City should not restrict the size of the `anchor' store to 80,000 square feet. Cheri°Donahoo, Cedar Street, Central Point - in favor Ms. Donahoo stated that Walmart will not bring living wage jobs to Central Point. She would like to see businesses that pay higher wages and are better employers. If the City is successful in restricting the size of'anchor' businesses in the C-4 zone it would be possible for better businesses to locate here. Sandy Orr, 177 Justin Ct. Central Point -opposed Ms. Orr stated that City officials should not be concerned about the businesses down town. A Walmart would not affect the pawn shop, flower shop or bike shop. She stated that it would create a more competitive base for the stores that are currently located here. A City oC Centiul Yoinl City Council Minutes Junc 12, 2003 P~~e 6 business the size of Walmart could help with taxes, SDC's and help with local improvements. James Kontur, Parkwood Village Lane, Central Point -opposed Mr. Kontur stated that the city has approved the construction of several low income houses off of Hamrick. He thinks this would be a good location for a Walmart, it would be within walking distance to these new subdivisions. Joan West, Grant Road, Central Point -opposed Ms. West stated that she is in favor of a Walmart being located in Central Point. She stated that it would help our tax base and encourage people to shop in their own community. Candy Fish, N. 9`h Street, Central Point -opposed Ms..:Fish stated that the competition of a Walmart in town may help the high prices we currently see in Central Point. Bret Fox, Poorman Creek Road, Jacksonville -opposed Mr. Fox stated that he has looked at property in Central Point to locate his business. He feels that a company such as Walmart would encourage other business to come to the area. Employees of Walmart would shop at the other businesses in Central Point helping the community. Steve Martense, Kings Way, Central Point - in favor Mr. Martense stated that Central Point can not support that size of a store. It does not fit the Central Point profile of a small community. Wendy Siporen, Gibson Ave, Talent - in favor Ms. Siporen presented a report stating that there will be loss of local businesses in the area. A Super Walmart has auto, hardware, drug store along with several other departments under one roof. She stated that the Walmart Corporation does not put anything back in the community. Smaller stores are more stable for employment and return to the community. She discussed the closure of the Talent Walmart and what it did to Talent when it came in and now they are going to leave a large empty building. She encourages some sort of Ordinance to protect Central Point from Talents fate. Carolyn Schultheiss, Freeman Rd, Central Point - in favor Ms. Schultheiss does not want a Walmart in her back yard. She likes the small town atmosphere of Central Point. She is happy that the Council is trying to limit the size of some of these businesses. City of Cent-al Pouit City Council Minutes ,June 12, 2003 Page 7 Pau! Kay, Strawberry Lane, Ashland - in favor Mr. Kay stated that Strategic values are very important for a city to follow. He stated that Mr. Humphrey has been very methodical in his presentation. He would like to see Central Point known as a City friendly to locally owned businesses. He would like to see the Council amend the current ordinance and specify a size of an anchor store in the C-4 zone. He is concerned about trends to monopolize the market by `big box' companies. He is in favor of Economic Development with guidelines. Becca Croft, Beebe Road, Central Point - in favor Ms. Croft stated that they were informed when they purchased their house that a community shopping center would be located at the corner of Hamrick and E. Pine Street, but was not told that it could be a 207,000 square foot building. She does not think that this area could handle the traffic this size of store would generate. It would be better for City staff and developers if a specific size was designated for C-4 zones. Willie Fischer, 5'h Street, Central Point -opposed Mr. Fischer doesn't think that the City should require that a developer piece the property out to small businesses. Citizens of Central Point currently drive past this property on their way to Costco and Walmart to give business to the City of Medford. Why not have a Walmart in Central Point so its Citizens have a store where they can do all their shopping. Don Dwyer, Looking Glass Way, Central Point -opposed Mr. Dwyer stated that he is retired and on a fixed income. He would like having a Walmart in Central Point. Does not think that the Council should limit the size of buildings located in a C-4 zone and should not try to limit growth in the City. Chuck Martinez, Barnett Road, Medford -Commercial Realtor Advisors -opposed Mr. Martinez represents businesses such as Office Depot, Lowes, Costco, Walmart and several other `big box' type of companies. He does not believe that the restrictions being recommended tonight are smart for the City of Central Point. The idea of a Walmart being located in Central Point could encourage other businesses to locate in town. Business owners know that a Walmart Superstore creates customers and other businesses will want to take advantage of those customers. Council President Stults closed the Public Hearing. There was discussion regarding the proper notification of the emergency ordinance. Should it have gone through the Planning Commission, and were all the property owners notified. Mr. Humphrey explained that notification was given to DLCD and all C-4 property owners in Central Point. City of CenU•al Yonit City Council Minutes ,June 12, 2003 I ~~e 8 City Attorney Doug Engle stated that in most cases the Planning Commission would review amendments and make recommendations tothe Council. Due to the timing and notification that the City had regarding the size of the building recommended for the site, City staff recommended the emergency ordinance. The Planning Commission can make recommendations to the Council. Staff felt it was prudent time to be expedient in this matter. The emergency part of the ordinance is not necessary at this point because a site plan has already been turned into the City. He explained the C-4 conditions and currently does not believe that a 207,000 square foot building fits into the C-4 zoning. A building this size would fit into a C-5 zone. There was discussion regarding a traffic study for a building this size. Preliminary studies have been done but not to include the amount traffic a Super Walmart would create. Mr. Stults stated that he does not feel an emergency clause is needed at this time, and would like to hear from Central Point citizens regarding this amendment. Nate Banry made a motion to approve Ordinance 1835, an Ordinance Amending CPMC 17.44.020 and 17.44.030 to Better Define Community Shopping Centers and to Clarify Development Plan Processing Requirements, Declaring an Emergency. Donna Higginbotham seconded. Roll call: Nate Banry, yes; Dick Halley, no; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, no; Bill Stults, no. Tie vote, motion failed. Bill Stults made a motion to Pass to Second Reading An Ordinance Amending CPMC 17.44.020 and 17.44.030 to Better Define Community Shopping Centers and to Clarify Development Plan Processing Requirements, removing the Emergency Clause. Mike Quilty seconded. Roll call: Nate Banry, yes; Dick Halley, no; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VIII. BUSINESS A. Planning Commission Report Planning Director Tom Humphrey presented the Planning Commission report for June 3, 2003: The Commission continued its review of a site plan application to allow the construction of a commercial garage at 431 South Front Street. The subject parcel is in a TOD-GC, General Commercial Zoning District. The applicant requested a second continuation due to delays in modifying their plans to satisfy state and local access issues. The Planning Commission will arrive at a decision at their meeting in July regardless of whether or not the applicant has completed the plans. 2. The Commission approved a site plan application that would allow the construction of a Human Bean drive-through coffee stand at 536 East Pine Street in the TOD- EC, Employment Commercial Zoning District. The drive-through will be incorporated into the new Cash Connection business site. Approval was conditioned upon the City of Central Pouit City Council Minutes ,June 12, 2003 Page 9 applicant satisfying the recommendations ,for the Planning and Public Works Departments which included building a driveway apron in the alley, installing four parking space `bumpers' and incorporating a new sign into the existing Cash Connection sign at the sidewalk. The Commission also required the applicant to eliminate two unnecessary parking spaces to minimize traffic circulation conflicts on the site. 3. The Commission approved a final development plan for the Sequoia Place Planned Unit Development and 6 lot subdivision (Habitat for Humanity). The project is at 431 North Second Street in a TOD-MMR, Medium Mix Residential zoning. The Commissioners determined that the applicant met the PUD and tentative subdivision plan requirements given the unusual characteristics of this in fill property. Approval was contingent upon the applicant satisfying conditions recommended by the planning and public works department. In particular, Habitat will need to finalize a landscape plan and complete work being done to record a storm drainage easement. 4. The Commission approved a final development plan for the Mingus Creek Planned Unit Development and 11 lot subdivision. The project is located near the intersection of Shadow Way and Freeman Road in an R-3, Residential Multiple Family zoning district. The Commissioners determined that the applicant met the PUD and tentative subdivision plan requirements given the location and characteristics of this in fill property. Approval was granted based upon the applicant satisfying conditions previously imposed by the City. The applicants actually reduced the number of tax lots in their plan in order to make the PUD work more effectively. The City Attorney recommended amending the language in the road maintenance agreement, which the applicants will do. 5. The Commission approved a final development plan for Phase 1 of the Cascade Meadows Planned Unit Development and tentative subdivision. The project is located near the intersection of Beall Lane and Chicory Lane in a TOD-LMR, Low Mix Residential zoning district. Approval was granted based upon applicant satisfying conditions previously imposed by the City. These conditions included the provision of new park area, the development of townhouse lots, and the construction of other TOD district improvements. Planning staff will monitor an agreement with the builder to adjust some garage widths for front-loaded lots. Phase 2 of the PUD will be submitted to the City at a later date and will include alley improvements to Chicory Lane. The Commission also amended its tentative plan approval for the Cedar Park subdivision, reducing the number of lots from 32 to 28 so the applicant can build some duplexes. On a separate matter the Commission authorized planning staff to prepare and expedited land ® partition for the Central Point Masonic Lodge who will create three, rather than two tax lots by constructing a public road into their new lodge site. Kay Harrison made a motion to approve the Planning Commission Report for June City of Central Poinl. City Coluicil Minutes ,June 12, 2003 Page 10 3, 2003, as presented. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. B. Designation of Yellow Curbs in New Central Point Subdivisions Public Works Director Bob Pierce explained that CPMC 10.04.020, requires that the City Council designate by motion all markings and devices required to implement traffic and parking controls. The City currently has several streets, Benjamin Ct in Beall Estates, Phase 4 and all of the streets in Cascade Meadows except Haskell St., that were constructed with the condition that, because of their narrow width, one side of the street be designated no parking. If parking is allowed on both sides of the street, emergency vehicles may not be able to pass. Mike Quilty made a motion to authorize staff to implement parking controls in the form of yellow curbs on Benjamin Court in Beall Estates, Phase 4 and all of the streets in Cascade Meadows except Haskell Street as recommended by Staff. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. C. Water Line along Beebe Road Mr. Pierce explained that the City has been approached by C.C.I.S. Legal Council regarding the installation of a water line along Beebe Road. It has been recommended that the waterline project be constructed in 2003-2004 instead of waiting until 2007, which is recommended in the Central Point Water Master Plan. Residents along Beebe Road may be interested in connecting to City water, however they are outside the City limits. Per an agreement with the Medford Water Commission, they would be required to sign a consent to annex agreement stating that they will not oppose annexation into the city at a future date. Residents are concerned about a time frame requiring annexation into the city. Kay Harrison made a motion to give staff permission to work on an agreement with residents on Beebe Road and Medford Water Commission to construct a waterline along Beebe Road. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. D. Summerfield Subdivision Agreement. Mr. Pierce explained that this item has been resolved. There is no longer a need to extend the agreement for improvements stated in the Development Agreement for Summerfield Subdivision. City of Central Point City Council Minutes ,Tune 12, 2003 Page 11 Dick Halley made a motion to continue past 10:00 p.m. Mike Quitty seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quitty, yes; and Bill Stults, no. Motion approved. VIII. MAYOR'S REPORT There was no Mayor's Report IX. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: • he has recieved a report from the Sr. Center updating the Council on their membership. • a Study Session is scheduled for June 16, to discuss RVTV access and the Park Master Plan. X. COUNCIL REPORTS Bill Stults asked about the Central Point Water Rate Study. Mr. Messina stated that it is planned for a Study Session in August. XI. DEPARTMENT REPORTS Planning Director Tom Humphrey reported that: • they will begin the installation of the Central Point Welcome Sign sometime next week. • they have been working on the Haskell Street extension. XII. ADJOURNMENT Donna Higginbotham moved to adjourn, Mike Quitty seconded, all said "aye" and the Council Meeting was adjourned at 10:08 p.m. The foregoing minutes of the June 12, 2003, Council meeting were approved by the City Council at its meeting of June 26, 2003. .~ Dated: ATTC: i ~~~' %- r Deputy City Recorde ,- Mayor Hank Williams