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HomeMy WebLinkAboutCM062603CITY OF CENTRAL POINT City Council Meeting Minutes June 26, 2003 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. ROLL CALL: Mayor: Hank Williams Council Members: Dick Halley, Kay Harrison, Donna Higginbotham, Mike Quilty, and Bill Stults were present. Nate Banry was excused. City Administrator Phil Messina; 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 June 12 2003 City Council Minutes Mike Quilty made a motion to approve the minutes as presented. Donna Higginbotham seconded. Roll call: Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VI. PUBLIC APPEARANCES Patsy Kronenberger, Business Owner of Patsy's Nails, 40 N. Front Street. Ms. Kronenberger stated that she is concerned about a tenant in her building. She stated that a man is living in the office he leases. This is a code violation. Ms. Kroneberger reported that a man has been seen carrying groceries into this office, changing oil in his van in the parking lot, and smokes outside the office. She thinks that someone from City Hall is telling this person every time she reports something to the City Code Enforcement Officer. City Administrator Phil Messina explained that Code Enforcement Officer Ron Barnett has been to the office and has seen no evidence that someone is living there. The office does not have facilities for cooking, and he found no evidence of bedding or clothing to indicate that someone was living in the office. City of Central Point City Council Minutes June 26, 2003 Page 2 There was discussion that the Police Department could drive by and check things out in the middle of the night to check during non-operating hours. Mayor Williams closed the Public Appearances portion of the meeting. VII. PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS A. Public Hearing, Ordinance No.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. Planning Director Tom Humphrey explained that the City Council considered the proposed Ordinance and its revisions to the C-4 zoning districf at their last meeting. Staff presented information in support of the City's definition of a community shopping center and the Council conducted a public hearing to receive comment regarding the specification of a maximum size for an "anchor-tenant" in a community shopping °center. The Council continued their deliberation of the ordinance to a second meeting. The C-4, Tourist and Office Professional zoning district permits -community shopping centers, defined as a group of commercial establishments planned, developed, owned or managed as a unit. The maximum unit area of an anchor tenant is being specified with the proposed ordinance. Amendments proposed in the pending ordinance would limit the anchor to 80,000 square feet in the future. The scale of 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 Central Point Strategic Plan goals: 1. The Central Point Strategic Plan, adopted in March 1998, addresses the intent of community leaders and elected officials regarding the City's growth and preservation of community identity. 2. Growth Goal 2 of the Strategic Plan states that we should, Recognize Central Point's regional context in making decisions, allow the City to retain its unique character. 3. Strategy 2D under this goal states that we should, Encourage appropriate small- scaleindustrial and commercial development. Large retail centers exist in Medford and industrial employment is available in White City, both being near Central Point. This ordinance would not effect the site plan application presented by Walmart. It will help staff in the event that a similar situation comes to the City once the Urban Growth Boundary has been expanded. Applicants would still have the opportunity to be granted a variance if a building larger than 80,000 square feet is suggested. Mr. Humphrey also stated that he has received a letter from ODOT recommending the proposed amendment. The 1999 Oregon Highway Plan directs ODOT to work closely with local governments to protect state highway function by collaborating with local jurisdictions 0 C' ~~ City of Central Point City Council Minutes June 26, 2003 Page 3 in developing land use ordinance, including refinement of zoning and permitted conditional uses, to reflect the effects of various uses on traffic generation. ODOT has worked closely with Central Point to protect the capacity of the interchange of I-5 and East Pine Street by developing asub-area plan to mitigate impacts of development in the area. ODOT believes that the amendment would act to protect the future operation of state highways and they recommend approval of the amendments. Mayor Hank Williams opened the Public Hearing. Robert Boggess, Chief Operating Officer, Naumes, Inc. -opposed Mr. Boggess stated that he objects to the last minute amendments that the Council is contemplating. A zoning change should have gone before the Planning Commission prior to Council consideration. JoEllen Stodola, Meadow Brook Drive, Central Point -opposed Ms. Stodola stated that she did not receive notice of this hearing to discuss the amendments to the proposed ordinance. She does not understand why the City would consider limiting the size of buildings in Centcal Point. They would be providing more jobs, better shopping and a better quality of life for Central Point residents. Barbara Johnson, Cummings Lane, Medford - in favor Ms. Johnson does not see how a Walmart Superstore could enhance the quality of life in Central Point. She has seen how this company devastates small businesses. Walmart does not return to the Community as smaller more stable companies do. She is concerned about the impact this will have on Bear Creek and the wetlands around the area. The City should be encouraging beautiful shopping centers not one large store. Eric Touzet, Parkwood Village, Central Point - in favor Mr. Touzet stated that he is concerned with the fact that the Central Point East Subdivisions are higher end houses and a Walmart in such close proximity would deteriorate from their quality of life. The City should encourage nice shopping centers, and avoid the "big box" look. Phyllis Fosdal, Wilson Road, Central Point -opposed Ms. Fosdal stated that she has been an associate of the Walmart Corporation. She is proud to say that she has been an employee at that business. She enjoys working and shopping there and thinks it would be nice for Central Point residents to have the opportunity to shop in Central Point. City of Central Point City Council Minutes June 26, 2003 Aage 4 Janis Weber, S. 5'h Street, Central Point -opposed Ms. Weber would like to see Walmart come to Central Point. She works in one of the Businesses in downtown Central Point and has been talking to citizens about this issue. She has not heard any negative feed back about Walmart locating on the Pear Blossom Center site. She presented a petition with Citizens signatures who are in favor of a Walmart being located here. James Kontur, Park Wood Village Lane, Central Point -opposed Mr. Kontur is in favor of a Walmart coming to town. If the Council adopts the proposed ordinance there should be a stipulation that they would encourage. expansion of a building. Josh White, White Oak Ave, Central Point -opposed Mr. White stated that Customer Service is the key to small businesses. If a small business has good customer service a big box store like Walmart should not be able to put them out of business. There are facts that prove Walmart does give to charities, and non-profits. Jeannie Savage, Biddle Rd, Central Point -opposed. Ms. Savage stated that she has not heard any negative feed back from Citizens of Central Point regarding a Walmart coming to town. Most people that she has talked to are in favor of it. The Council should not try and limit the size of buildings. Don Dwyer, Looking Glass Way, Central Point -opposed Mr. Dwyer is in favor of watmart coming to Central Point. A store this size may help attract the building and selling houses in Central Point. Lynne Loy, Medford resident - in favor Ms. Loy stated that she is not an advocate of Walmart. She is .happy that the one in Medford will be closing and sorry to see that Central Point will be getting one. She will not be shopping at any of them. Chuck Martinez, Barnett Road, Medford -opposed Mr. Martinez stated concerns regarding the letter of support from ODOT. He feels that the recommendation is premature. He stated that a traffic count will be the same if the property is developed as a Walmart Superstore or several small retail stores.,. This type of business does not encourage low income homes to be built around them, businesses the size of a Walmart Superstore encourage other business development. Mayor Williams closed the public hearing. City of Central Point City Council Minutes 3une 26, 2003 Page 5 There was discussion about the definition of a Community Shopping Center. There was a recommendation of a traffic plan to be included in the Site Plan for C-4 zones. Mr. Humphrey stated the challenges that the Planning Department is having trying to incorporate the Strategic Plan, and Code regulations to some of the areas in Central Point. He stated that there is a distinct difference between Downtown shopping, Community Shopping and Regional Shopping. C-4 zones are designated for Community Shopping, he is trying to incorporate the Strategic Plan into all aspects of planned growth for Central Point. His staff would like to know what direction the Council would like to go. Traffic studies have been done in this area. Staff will be looking closely at them to encourage the correct count and traffic devices incorporated with the site plan. Donna Higginbotham 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 Proceedings Requirements. Mike Quilty Seconded. Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, no. Motion approved. B. Public Hearing, Appeal of Planning Commission Decision Approving a 102 Lot Planned Unit Development and Residential Subdivision Known as Beebe Wood Village. Mr. Humphrey explained that at its regular meeting on May 6, 2003, the Planning Commission tentatively approved a preliminary development plan and residential subdivision applications for Gaipin, LLC. The proposal creates 102 new tax lots from an 8.8 acre parcel of land on the east side of Hamrick Road. The subject property is located in the R-2, Two Family Residential zoning district. The Planning Commission imposed a number of conditions with their approval including but not limited to; 1) the construction of a private drive to city public works standards; 2) the vehicular connection of Phase 1 to Brookdale Avenue; 3) a mutual agreement on the placement of a private park onsite; 4) the creation of safe pedestrian walkways and; 5) the limiting of homes along the northern boundary to single story. Neighboring property owners were satisfied with the outcome of the Commission's action and it is the applicants who have exercised their rights under CPMC 1.24.080, requesting the City Council Review the Planning Commission's action. They object to the imposition of condition number 5 which limits the homes along the northern boundary to single story. It is believed that this will cause the overall loss of several housing units due to a mixture of two and three bedroom units that were proposed along the north. At the Planning Commission meeting on May 6, the majority of the neighboring property owner's opposition resulted from a perceived lack of privacy along the northern boundary where the City allowed reduced setbacks and smaller, higher density single family dwellings. Project designers planned single story units along the eastern boundary out of respect for the larger, lower density single story residents located there. City of Central Point City Council Minutes June 26, 2003 Page 6 Craig Stone, Stone and Associates, -Appellant Mr. Stone stated that the only condition that the applicants are appealing:is that single story homes be built on the Northern side of the subdivision. They believe this wou,id cause afford ability problems. There would be a loss of 5 units. Mr. Stone stated that;there is a need for affordable homes in the Central Point. He presented some architectural changes to the two story homes planned for the northern side. They would remove the second story balcony and install a high window along the back wall. He pointed out that even'if a single story is build someone could come to the City at a.later date and construct a second story. There was discussion on set back requirements and two story houses. Mayor Williams opened the Public Hearing. James Kontur, Parkwood Village, Central Point Mr. Kontur stated that he is a property owner along the north boundary of the proposed subdivision. He has a 10 foot back yard setback and is very concerned about two story homes being twenty feet away from his back door. He does not feel that the requirement of single story homes along the north would cause a hardship on the applicants. He is also concerned about a drainage problems and elevation of the new-property. - Trish Roberts, Oakview Ave, Central Point Ms. Roberts stated that she is not against the subdivision being constructed but is concerned with a two story home being build next to her home and removing some of their privacy. She also believes that the pond would be a mistake. Erick Touzet, Parkwood Village, Central Point Mr. Touzet explained that there were modifications to proposed two story homes originally designated for Parkwood Village. Buyers were not interested in two story homes and several of them were modified to be single story for easier selling. He does not feel that two story needs to be build behind single story homes. Privacy is an important thing and when you have a two story home looking down on a single story home there is a huge privacy issue. Keith Roberts, Oakview Ave, Central Point Please keep single story with single story. They are concerned about the set back requirements and privacy issues. It will not be a burden on the developers to relocate the proposed two story to an area where there are currently no other houses. Mayor Williams closed the Public Hearing. City of Central Point City Council Minutes June 26, 2003 Page 7 Mr. Stone stated that the Council should be concerned that the loss of 5 units in this subdivision could raise the price of the other units. This property is zoned R-2 and thus allows the construction of two story homes. There was discussion regarding privacy issues & zoning code restrictions, and set backs. Dick Halley made a motion to modify the May 6, 2003, Planning Commission Decision regarding the requirement that only single story homes be built along the Northern portion of the property and allowing double story homes with modifications to allow as much privacy to the current residents as possible with smaller windows and no balcony. Kay Harrison seconded. Roll call: Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, no; Mike Quilty, yes; and Bill Stults, yes. Motion approved. C. Public Hearing, Resolution No. 985, A Resolution Amending Resolution No. 978, and Setting a Public Hearing to Initiate Proceedings to Vacate Portions of Ash & Amy Streets, Chicory Lane, and a Public Alley. Mr. Humphrey explained that the Council considered a request to vacate four unimproved rights-of-way in the area of the old Central Point Lumber Company. The Council entertained input from the public and removed one of the four rights-of-way under consideration and set a public hearing for June 26, 2003. Two things have occurred since the Council approved Resolution 978. City Staff failed to properly notice the hearing pursuant to ORS 271.110, and the applicants negotiated an alternative improvement to Ash Street wich has resulted in their request to have the right of way reconsidered. Staff is asking Council to approve a new resolution, amending Resolution No. 978, reinstating a portion of Ash Street for vacation and setting a new date for the public hearing on July 10, 2003. Bill Stults made a motion to approve Resolution No. 985, A Resolution Amending Resolution No. 978, and Setting a Public Hearing on July 10, 2003, to Initiate Proceedings to Vacate Portions of Ash & Amy Streets, Chicory Lane, and a Public Alley. Kay Harrison seconded. Roll call: Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. D. Resolution No. 986, A Resolution Revising Personnel Policies and Procedures and Classification Plan. City Administrator Phil Messina explained that the Personnel Polices and Procedures and the Classification Plan have been updated. The Personnel Policies and Procedures have a few house keeping updates to keep current with state laws. The Classification Plan now includes the description of the positions approved in the Budget process. City of Central Point City Council Minutes June 26, 2003 Page 8 Bill Stults made a motion to approve Resolution No. 986, A Resolution Revising Personnel Policies and Procedures and Classification Plan. Dick Halley seconded. Roll call: Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. E. Resolution 987, A Resolution Transferring Appropriations within Funds for Fiscal Year 2002-2003. Finance Director Bill Brugger explained that Street Appurtenances Fund 22, shall have $8,000 transferred from Material and Services to Personal Services. This transfer is needed to cover time required to inspect and clean out the storm drain system. Bill Stults made a motion to approve Resolution 987, A Resolution Transferring Appropriations within Funds for Fiscal Year 2002-2003. Kay Harrison seconded. Roll call: Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VIII. BUSINESS A. Recommendation to Contract with OBEC.to Design, Administer, and Oversee Reconstruction of Pine Street from Haskell Street to 1St Street. Public Works Director Bob Pierce stated that because the city is using state funds for more than 35% of the Pine Street & Hwy 99 reconstruction project, and the project cost will be greater then $400, 000, the city is required under the State Public Contract Rules to use the Qualification Based Selection process for selection of an engineering firm to design, administer, and oversee the project. City Staff has completed it's review of proposals. After deliberations staff recommends awarding the contract to OBEC, Consulting Engineers. Staff is requesting that the Council entertain a motion to allow staff to enter into a contract with OBEC to design, administer, and oversee the reconstruction of Pine Street from Haskell Street to 1st Street including the Railroad crossing. Kay Harrison made a motion to allow staff to enter into a contract with OBEC to design, administer, and oversee the reconstruction of Pine Street from Haskell Street to 1St Street including the Railroad crossing. Mike Quilty seconded. Roll call: Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VIII. MAYOR'S REPORT Mayor Williams reported that: • on June 14th he' attended the American Cancer Society Event • on June 16'h he attended a Central Point Greeters event in Phaff Park. City of Central Point City Council Minutes June 26, 2003 Page 9 IX. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: • he attended the Greeters event in the Park. • he presented a State of the City report at Rotary. • he has completed the City Department Directors Reviews. • he has been attending the Library Committee Meetings. It is coming along very well and the Committee is getting very excited about the project. • he will be taking some time off in July. His daughter will be in town. He will also be attending a City Managers meeting in Bend. • he attended a Star Gazing event at the Valley of the Rogue State Park presented by Mike Quilty. X. COUNCIL REPORTS Donna Higginbotham reported that she attended a Bear Creek Greenway Committee meeting. They would like Central Point to consider constructing a bike path along the creek from Pine Street to Upton Road. Kay Harrison, reported that on June 23~d she attended an Expanded Telephone service meeting. They are still working on some of the guidelines. Mike Quilty reported that: he attended a AQMC meeting the MPO will be making amendments to membership and bylaws. he met with County Commissioners to discuss an event center around the expo area. Bill Stults reported that he would like staff to provide numbers for the Water Rate Study Session in August. He would like to see some options to the way we are currently charging customers. Dick Halley reported that: • he attended a fair board meeting. • he has been attending the Library Meetings. Council will be happy with the results of those meetings when they are complete. • They have set the forms for the Welcome to Central Point Sign. • He will be out of town until July 15th. XI. DEPARTMENT REPORTS Planning Director Tom Humphrey updated the Council on the Welcome to Central Point City of Central Point City Council Minutes June 26, 2003 Page 10 sign, and that he will be attending a special meeting on Buffer areas Public Works Director Bob Pierce reported that Margarita Munios will be the new Public Works Secretary I as of July 1St, 2003. Police Chief Mike Sweeny reported that they have just been awarded a COPS Grant for one officer to assist in Home Land Security and Community Response. Willie Mott will be their new full time Officer. XII. ADJOURNMENT Bill Stults moved to adjourn, Dick Halley seconded, all said "aye" and the Council Meeting was adjourned at 9:45 p.m. The foregoing minutes of the July 26, 2003, Council meeting were approved by the City Council at its meeting of s~-'I~A; 2003. ~~ a`1. .. Dated: .~-~ Mayor Hank Williams ATTES City Recorder ~~