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HomeMy WebLinkAboutCM071003CITY OF CENTRAL POINT City Council Meeting Minutes July 10, 2003 1. 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: Nate Banry, Donna Higginbotham, Mike Quilty, and Bill Stults were present. Dick Halley and Kay Harrison were absent. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Building Official Lois DeBenedetti; Planning Director Tom Humphrey; and City Recorder Deanna Gregory were also present. III. PLEDGE OF ALLEGIANCE IV. INTRODUCTION OF GUESTS V. MINUTES A. Approval of June 26 2003 City Council Minutes Mike Quilty made a motion to approve the minutes as presented. Donna Higginbotham seconded. Roll call: Nate Banry, abstain; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VI. PUBLIC APPEARANCES There were no Public Appearances. VII. PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS A. An Ordinance Amending CPMC 8.40.080 Pertaining to Unnecessary Noise, Adding a Prohibition Against Flying Model Aircraft, Declaring an Emergency. City Administrator Phil Messina stated that staff received a request by citizens to ban the flight of remote controlled aircraft in the city limits. The Code Enforcement Officer received numerous complaints from the neighborhood north of Crater High School regarding a person flying model aircraft by launching them from the public right of way, flying low over houses, and flying the aircraft early in the morning. The subject was contacted on several occasions by Code Enforcement but has ignored requests not to fly the aircraft in the neighborhood. The City of Central Point City Council Minutes July 10, 2003 Page 2 City currently has no prohibition against flying these model airplanes and was unable to site the operator. Staff is asking the ordinance be passed as an emergency so the City can begin enforcement of any violations as soon as possible. The proposed ordinance would amend CPMC 8.40.080 by adding a section regarding the operation of any remote control and/or motorized model aircraft from any private property, public property, or public right of way within the City limits. The amendment clarifies a remote control/motorized aircraft and deems it to be a nuisance even if the operation does not create unnecessary noise, because of the danger to the health and safety of City residents. There was discussion among the Council that this is a recognized hobby and the City should provide a place in future parks and possibly set hours of operation. Mayor Williams asked for public comment. Randy Banta, Princess Way, Central Point Mr. Banta explained that he is the person flying the model aircraft being discussed tonight. He asked where do the restrictions on activities in the city stop? If the Council bans the use of model aircraft what will be the next item they will restrict the use of? The City already restricts the use of basketball hoops. What is next? Skateboards because they make a noise going down the street? He does not feel that this Ordinance should be approved because the amount of noise is minimal, planes from the airport make more noise and we don't ban them from flying over the city. They fly the airplanes after work for about ten minutes at a time. Bruce Bennett, Crest Drive, Central Point Mr. Bennett explained that he joins Mr. Banta occasionally to fly the aircraft. It is a stress relief for them. These are electric planes and can not fly for long stretches of time. Dee Banta, Teresa Way, Central Point Ms. Banta stated the noise these planes make is a small issue. They are not very loud. She stated that all neighborhoods are noisy. Gordon Wood, Princess Way, Central Point Mr. Wood stated that the intent is not to stop people from having fun, but there are times after work that you want to relax in the yard and you can not do it if planes are dive bombing over your house. There is a safety factor for children if the plane fell out of the air. Mayor Williams closed the public comment. City of Central Point City Council Minutes July 10, 2003 Page 3 There was discussion that the wording on the ordinance could be changed to designate a space in certain parks where the planes would not be flying over residential areas. Mike Quilty made a motion to remove the emergency clause on the Ordinance and pass to second reading bringing back to Council on August 14, 2003, specifying a location and hours of operation for model aircraft. Nate Banry seconded. Roll call: Nate Banry, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. B. Public Hearing, An Ordinance Vacating Certain Unimproved Portions of Ash and Amy Streets, Chicory Lane and a Public Alley, First Reading. Mr. Humphrey explained that the Council considered a request at their meeting in May to vacate four unimproved rights of way in the area of the old Central Point Lumber Company. The Council listened to input from the public and then set a public hearing to determine whether to grant the petition and vacate all or part of the rights of way. The City has received the majority consent of the property owners abutting the area. The goal in pursuing these vacations is to best use the old Central Point Lumber Company property and to create a new circulation system which differs from that originally envisioned. Mr. Humphrey presented a conceptual lay out of the proposed vacation. He explained that at the meeting in May there was some concern regarding the vacation of a portion of Ash Street due to the fact that a business in the area currently uses it. This has been taken into consideration by the applicants and they have revised the original lay out to allow for use of Ash Street and only vacate a small section on the south side of the right of way. Mayor Williams opened the public hearing. Craig Stone, Stone and Associates, Applicant Mr. Stone stated that without the vacation of these rights of way it would be difficult to develop the area to its potential. They have talked with property owners regarding the area around Ash Street and have come to an agreement about the width needed for trucks to access the business. Mayor Williams closed the public hearing. There was discussion regarding a transaction on the property rather than giving it away. Mr. Humphrey stated that the city did not originally purchase the property, it was deeded to them. Mike Quilty made a motion to pass to second reading an Ordinance Vacating Certain Unimproved Portions of Ash and Amy Streets, Chicory Lane and a Public Alley. Bill Stults seconded. Roll call: Nate Banry, yes; Donna Higginbotham, yes; Mike Quilty, yes; City of Central Point City Council Minutes July 10, 2003 Page 4 and Bill Stults, yes. Motion approved. C. Resolution No. 988, A Resolution Declaring the Annexation of 1.05 Acres of Land Located on the South Side of Snowy Butte Road (Extended), and East of Glenn Way into the City of Central Point, Oregon. Mr. Humphrey explained that this property has been in the Urban Growth Boundary for the past 20 years and has actually been a "county island" surrounded by other property already annexed to the City. Once annexed the applicants would like to be involved in the Snowy Butte Station Master Plan. The request meets all criteria need to approve the annexation. Bill Stults made a motion to approve Resolution 988, A Resolution Declaring the Annexation of 1.05 Acres of Land Located on the South Side of Snowy Butte Road (extended), and East of Glenn Way into the City of Central Point, Oregon. Nate Banry seconded. Roll call: Nate Banry, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. D. Resolution No. 989, A Resolution Issuing a Final Order on the Appeal of the Planning Commission Decision Approving a Preliminary Development Plan and Tentative Plan Beebe Wood Village (Appellants: Galpin, LLC & Craig Stone). Mr. Humphrey explained that at its regular meeting on Thursday, June 26, 2003, the City Council heard an appeal submitted by Galpin, LLC and Craig Stone & Associates regarding a decision by the Planning Commission to approve the Beebe Wood Village PUD and Subdivision. The appellants asked the Council to amend a condition of approval that would allow them to construct two story dwellings along the northern boundary of the new development. Following the public hearing, the Council amended the Commission's condition with the stipulation that the appellants redesign the homes along the northern boundary to ensure the privacy of adjacent land owners. The proposed resolution constitutes the final order of the City Council in this matter setting forth the conditions of approval for the preliminary development plan and tentative subdivision. Mike Quilty made a motion to approve Resolution No. 989, A Resolution Issuing a Final Order on the Appeal of the Planning Commission Decision Approving a Preliminary Development Plan and Tentative Plan Beebe Wood Village (Appellants: Galpin, LLC Sz Craig Stone). Bill Stults seconded. Roll Call: Nate Banry, no; Donna Higginbotham, no; Mike Quilty, yes; and Bill Stults, yes; Tie Vote; Mayor Williams, yes. Motion passed. VI1. BUSINESS A. Traffic Sign on Diego Court. Public Works Director Bob Pierce explained that City Staff has received a request from City of Central Point City Council Minutes July 10, 2003 Page 5 Lamar Warner at 510 Diego Court, requesting a "Not a Through Street" sign be installed at the entrance of Diego Court. Staff feels that this is a reasonable request attempting to reduce traffic on a small residential street. Bill Stults made a motion directing staff to install a "Not a Through Street" sign at the entrance of Diego Court. Nate Banry seconded. Roll Call: Nate Banry, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. B. Authorization of a Contract for New Haven Road Extension. Mr. Pierce explained that the City is requesting authorization to enter into a contract with D. Britton Enterprises to construct the extension of new Haven Road Across Vilas Road and through the property owned by the Masonic Lodge. The Masonic Lodge has agreed to dedicate the necessary property to the City. The new road section will provide access to Don Jones Park. The City received one bid to do the work. The bid was in the amount of $49,626.60 which is 7.3% under the engineer's estimated cost. Mike Quilty made a motion to enter into a Contract with D. Britton Enterprises to Construct an Extension to New Haven Road in the Amount of $49,626.60. Nate Banry seconded. Roll Call: Nate Banry, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. C. Planning Commission Report. Planning Director Tom Humphrey presented the Planning Commission report for July 1, 2003: 1. The site plan application to allow the construction of a commercial garage at 431 South Front Street was withdrawn by the applicant and no action was necessary. 2. Approved a tentative plan fora 10 lot subdivision known as Jackson Woods Addition located east of Hanley Road near its intersection with Diego Court in the R-1-8, Residential Single Family zoning district on Map 37 2W 10CA, Tax Lot 5900. The Commission's approval was contingent upon the increase of lots 7 and 8, the removal of a bridge and the implementation of Planning and Public Works requirements. 3. Approved a tentative plan fora 21 lot subdivision known as Jackson Oaks, Phase IV located north of Taylor Road and east of Grant Road in the TOD-LMR, Low Mix Residential zoning district on Map 37 2W 03C, Tax Lots 100, 101, 102 & 201. The Commission's approval was subject to the recommendations for the Planning and Public Works Departments. 4. Approved a request by Mt. Valley Association LLC to subdivide 0.95 acres of land into 4 residential tax lots on West Pine Street. The subject property is located City of Central Point City Council Minutes July 10, 2003 Page 6 approximately 200 feet north of Rachel Drive in the R-1-8, Residential Single-Family zoning district. The Commission granted tentative plan approval subject to specific requirements for 1) common access to all four lots from West Pine Street; 2) the extension of public utilities and infrastructure and 3) the creation of public utilities easements which will satisfy the Public Works Department. Approval was also conditioned upon the implementation of the Planning and Public Works requirements. The Commission also amended its approval of a blanket fence variance for Brookfield Estates and Lindsey Meadows to exclude the Lindsey Meadows Subdivision. The Commission was advised that a request from Lindsey Meadows should be received before authorizing a variance. Mike Quilty made a motion to approve the Planning Commission Report as presented for July 1, 2003. Bill Stults seconded. Roll Call: Nate Banry, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VIII. MAYOR'S REPORT Mayor Williams reported that: • on July 1, he attended an RPS meeting. Central Point is the only city with Industrial Property included in the Plan. • on July 4`h, he rode with Council member Quilty in the Parade. • he attended a Mayors meeting. • he attended a Rogue Valley area Transportation meeting. IX. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: • he did a building inspection ride along to the High School Auditorium. He is impressed with the facility. It will be a great asset to the School. • he, Ken Gerschler and Deanna Gregory have been interviewing people for the Information Technology Position currently available in the City. • he will be in Bend for a City Manager/Administrator Conference next week. Tom Humphrey will be acting City Administrator. • there was an article in the Oregonian stating that Central Point is the 3~d fastest growing City in Oregon. • this Friday night will begin a new program offered by the City Recreation department "Friday Movies in the Park". The first movie will be "Lion King". X. COUNCIL REPORTS Council Member Mike Quilty reported that he rode in the 4th of July parade with the Mayor. City of Central Point City Council Minutes July 10, 2003 Page 7 Council Member Bill Stults reported that: he has accepted a position on the Board of Directors for the Rogue Valley Sewer Services formerly known at BCVSA. he will be out of town for the next Council Meeting. XI. DEPARTMENT REPORTS Building Official Lois DeBenedetti reported that Greg Segar is our new Building Inspector. Planning Director Tom Humphrey reported that the Gate Way sign is going up in phases. ODOT has agreed to move some of their signs in order to enhance our gateway sign. Public Works Director Bob Pierce stated that he will be out of town next week. XII. ADJOURNMENT Nate Banry moved to adjourn, Mike Quilty seconded, all said "aye" and the Council Meeting was adjourned at 8:20 p. m. The foregoing minutes of the July 10, 2003, Council meeting were approved by the City Council at its meeting of July 24, 2003. Dated: ,J,~aS~ ~~~3 ,~-,~, Mayor Hank Williams ATTEST: Deputy City Recorder