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HomeMy WebLinkAboutCM0814030 CITY OF CENTRAL POINT City Council Meeting Minutes August 14, 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: Nate Banry, Dick Halley, Kay Harrison, Donna Higginbotham, Mike Quilty, and Bill Stults were present. 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 City Recorder Deanna Gregory were also present. III. PLEDGE OF ALLEGIANCE IV. INTRODUCTION OF GUESTS V. MINUTES A. Approval of JulY24 2003 Citv Council Minutes Nate Banry made a motion to approve the minutes as presented. Mike Quilty seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VI. PUBLIC APPEARANCES Mayor Williams made the following statement prior to opening the Public Appearances portion of the meeting: "Before going into Public Appearances I want to tell everyone, both public and the Council that I intend to do a better job of controlling the meeting. We operate with a city charter that spells out the rules of our meetings; however, we have two state laws that we also need to keep in mind. L Land Use Law: If a decision of the Planning Commission is appealed to the City Council the Councilors will have several options: 1) to approve the project as submitted; 2) to approve the project with conditions; 3) to deny the project based on findings of fact and conclusion of law. The Council and Mayor (incase of a tie) will vote. If any of these people have expressed personal judgements, they could loose the right to vote. City of Central Point City Council Minutes August 14, 2003 Page 2 Oregon Public Meetings Law: Governing bodies must give notice of time, place and agenda for any regular, special or emergency meeting. This means that if it is not on the agenda the Council cannot discuss the item. These laws govern the Council members and the Mayor, not the public. Citizens, during the Public Appearances part of the meeting can say anything they want, however, the Council can not discuss the matter. Remedies for the Public Meetings law lie with circuit court, not LUBA. Planning Director Tom Humphrey presented Community Planner Matt Samitore a plaque for all the work that he has done for the City of Central Point. Mr. Samitore will be leaving the City of Central Point for a job in Corvallis. He will be missed and has been a valuable employee for the City of Central Point. He will be missed. Mayor Williams closed the public appearance's portion of the meeting. VII. PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS A. Ordinance No.1836, An Ordinance Adding a New Chapter to the Central Point Municipal Code Pertaining to Flying Model Aircraft (Second Reading). City Administrator Phil Messina explained that this is the second reading of an Ordinance limiting the operation of model aircraft with in the City of Central Point. He explained that at the first reading of this ordinance the Council requested that stipulation be incorporated to state that the aircraft could be flown in the City at a designated park. Staff has reviewed the size of city parks and currently Don Jones Park is the only park that would allow the aircraft to be flown with a restriction of 100 feet from any residence. The ordinance also limits flight between the hours of 9:00 a.m. to 9:00 p.m. There was discussion that the Council is creating law because of a dispute between neighbors. If the City allows this type of activity would there be liability issues? City Attorney Doug Engle explained that there would be no liability to the City. The operator of the aircraft would be liable for any damage caused. Mayor Williams opened the meeting for Public Discussion. Randy Banta, 107 Princess Way Mr. Banta presented a list of neighbors who enjoy watching him fly the model airplanes in the neighborhood. He stated that the City currently has an ordinance dealing with noise issues. It is not necessary to restrict the use of the airplanes. He stated that he has never caused damage or injured an innocent bystander. Council Member Quilty stated that people should respect the requests of their neighbors. He explained that there have been complaints to the City Police Department and the Code City of Central Point City Council Minutes August 14, 2003 Page 3 Enforcement Officer has discussed this issue with Mr. Banta. He stated that if the pilots of the aircraft had worked with the neighbors the Council would not be considering this issue. Shari Quiklinski, 104 Princess Way Ms. Quiklinski stated that noise should not be an issue. There are children in the neighborhood that make more noise than model aircraft. What law will the Council consider next? She stated that most of the neighbors enjoy watching the airplanes and she would like to know how many people actually complained. David Martin, 106 Victoria Way Mr. Martin stated that he lives behind Mr. Banta and the model planes do make noise. It is frustrating when you are trying to relax in your yard and there is a constant noise of the planes over head. Lynette Banta, 107 Princess Way Ms. Banta stated that it is ridiculous the council is discussing this issue. The neighbors did not come to them with a complaint they went to the Police Department. The neighbors could have come to them to discuss the issue. If the airplanes are too noisy, the neighbors can close their windows. Gordon Wood, 103 Princess Way Mr. Wood presented a few letters to the Council that neighbors had written to him regarding this issue. They state that the noise is distracting and they wish that the Council would approve the ordinance. He stated that if the aircraft are high the noise is not the issue. However, they swoop down and it does get loud and annoying. He has also seen a collision between a model aircraft and a car. There is a time and place for this type of activity. He does not feel that it should be done over other peoples houses. Randy Banta, 107 Princess Way Mr. Banta stated that there have been a couple of instances where the aircraft has crashed but no one has ever been hurt. He realizes that by landing the aircraft on the street he is taking a chance of a car running it over but stated he is a responsible person and is careful when landing and taking off. Dee Banta, 107 Princess Way Ms. Banta asked how many issues the Council wants to listen to? If she were to complain about noisy neighbors would they pass a law to make them be quiet for her? Ciry of Central Point City Council Minutes August 14, 2003 Page 4 Rob Quiclinski, 104 Princess Way Mr. Quiklinsky stated that this is a neighborhood dispute and the Council should not approve this ordinance. The Council should be considering the city as a hole, and decide if this is an ordinance that should be enforced through out the city because one neighborhood has a problem. Becca Croft, 2535 Beebe Road Ms. Croft stated that if there were a safety issue in her neighborhood she would want the Council to pass this ordinance. Mayor Williams closed the Public Comment. There was discussion about restricting the ordinance to specifically state one city park. Currently there is only one park large enough to accommodate the 100 foot setback from residences. If the reference to Don Jones Park was removed they could state that any area larger than 1.5 acres. This would allow the sport in future parks if they are large enough. There was discussion regarding School District Property. Mr. Messina stated that they City can not specifically state that they could use school district property, they would need to get written permission from the school district. Mike Quilty made a motion to approve Ordinance 1836, An Ordinance Adding a New Chapter to the Central Point Municipal Code Pertaining to Flying Model Aircraft removing the reference to Don Jones Park and inserting any public park at least 1.5 acres in size. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, no; Kay Harrison, no; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion passed. B. An Ordinance Amending CPMC Title 2 Pertaining to City Recorder Duties (First Reading) Mr. Messina explained that certain changes to the Municipal Code Book regarding the duties of a City Recorder. This amendment creates Chapter 2.10 CITY RECORDER DUTIES, and transfers responsibility for all public records to the City Recorder. These amendments will eliminate 2.12.020 which called for the recorder to audit the work of the finance department and other finance related duties that are now the responsibility of the Finance Director. Dick Halley made a motion to pass on to second reading An Ordinance Amending CPMC Title 2 Pertaining to City Recorder Duties. 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. City of Central Point City Council Minutes August 14, 2003 Page 5 C. Appointment of the City Recorder. Mr. Messina stated that Deanna Gregory has been performing the duties of City Recorder and has currently been promoted to that position. As a member of the International Institute of Municipal Clerks (IIMC) it is recommended that the City Recorder be appointed by the City Council in order to maintain a Certified Municipal Clerk designation. Mike Quilty made a motion to Appoint Deanna Gregory as City Recorder for the City of Central Point. Kay Harrison 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. Public Hearing, Ordinance No. 1837, An Ordinance Vacating Certain Unimproved Portions of Ash and Amy Streets, Chickory Lane and A Public Alley. (Second Reading) Planning Director Tom Humphrey stated 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 entertained input from the public and then set this public hearing to determine whether to grant the petition and vacate all or part of the rights-of-way under construction. The Council held two hearings in July, moving an ordinance to a second reading but postponing final action until better exhibits were prepared by the applicant. He stated that staff has received the legal descriptions of the property to be vacated. Mayor Williams opened the Public Hearing. Virginia Petko, Snowy Butte Lane Ms. Petko asked if the berm that was created by Central Point Lumber would be removed. She has property located in that area and it has been a concern of theirs for several years and she has spoken with City staff regarding this issue. She is also concerned about the weeds along the property line. Mr. Humphrey stated that the development plans include the excavation of the berm. Mayor Williams closed the Public Hearing portion of the meeting. There was discussion regarding the master plan for the area. Kay Harrison made a motion to approve Ordinance 1837, An Ordinance Vacating Certain Unimproved Portions of Ash and Amy Streets, Chickory Lane and a Public Alley. Donna Higginbotham seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. City of Central Point City Council Minutes August 14, 2003 Page 6 E. Resolution No. 990, A Resolution Authorizing a Contract for Construction Manager and General Contractor for the Construction of the Central Point Library and City Office Space Expansion Project. Mr. Messina stated that as per the intergovernmental agreement with Jackson County relating to the Library/City Hall construction project, the County and the City share the hiring decision forthe contractorwho will manage and perform the general contracting duties. The County advertised the project and City staff were involved in the interviews and in the decision to contract with Todd Construction to perform the work for the project. By hiring a Construction Manager/General Contractor (GM/GC) the City and County will be able to keep the building construction costs in line with available dollars. Per the contract, Todd Construction will be required to solicit bids for ail subcontracted work, assuring a favorable price before the work will proceed. Building Official Lois DeBenedetti explained the process of choosing the GM/GC. She stated that the decision was not made specifically on lowest bid, but rather the most qualified fit for the project. Dick Halley made a motion to Approve Resolution No. 990, Authorizing a Contract for Construction Manager and General Contractor for the Construction of the Central Point Library and City Office Space Expansion Project. Kay Harrison Seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VIII. BUSINESS A. Reconsideration of the Jackson Creek Neighborhood Development Plan; Snowy Butte Lane Segment Planning Director Tom Humphrey explained that the City Council considered the revocation of a 1988 Planning Commission Resolution at their meeting in May. The resolution established grounds for the development around Snowy Butte Lane contingent upon improvements of a local access road. The City staff has proposed a plan for development that involves the cooperation and participation of Snowy Butte Lane property owners. The 1988 resolution would have to be rescinded in order to initiate the new proposal. The City Council held a public meeting to discuss the new proposal and it seemed that the majority of the property owners in attendance favored the City's approach. Since there was uncertainty about the individual cost that might be incurred, the Council directed staff to develop a cost per parcel plan. If the Council finds that the construction cost estimate and individual break down is acceptable and if the residents are willing to proceed, at the direction of the Council staff will prepare a resolution to rescind the 1988 version. This will begin the process of design and allow individual property owners to initiate subdivision and improvements. City of Central Point City Council Minutes August /4, 2003 Page 7 Finance Director Bill Brugger stated that an LID would be the simplest way to complete the improvements. Mayor Williams opened the meeting for public discussion. Don Thomas, 3364 Snowy Butte Lane Mr. Thomas, is in favor of rescinding the original Planning Commission Resolution. He stated that he has talked to 75% of the property owners and they are also in favor of the improvements. He does not have a problem paying for the improvements as suggested by staff. He is concerned about making improvements in sections. The improvements should be completed at the same time to improve the road to city standards. Mr. Petko, Snowy Butte Lane Mr. Petko is in favor of the improvements. He thanked city staff for the work that they have done. He feels that the improvements should be done at the same time, not pieced together. He stated that he has talked to neighbors over the last few years and most are in favor of the improvements and would like to develop their property. He did state that two neighbors are not in favor of the improvements and they would see a hardship if part of ® their property was taken for road improvements. He is not in favor of anything that would put a hardship on other property owners. Art Decker, 3366 Snowy Butte Lane Mr. Decker is not in favor of the improvements. He stated that he can not afford to loose a portion of his property because he does not have a large set back from the current road. He would request that the street not be as wide at the portion where his property is. He would like to see the design redrawn so that the property owners who do not have a large setback do not loose as much property. Bob Isaacs, 597 Snowy Butte Lane Mr. Isaacs would like to see the concrete barriers stay in place. He feels that if they were removed this would cause a safety hazard for cars taking the straight shot to Beall Lane from Timothy Street. Mayor Williams closed the public comment portion. Kay Harrison made a motion to bring back to Council a Resolution Rescinding the 1988 Planning Commission Resolution of the Jackson Creek Neighborhood Development Plan; Snowy Butte Lane Segment. Dick Halley seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. City of Central Point City Council Minzztes August 14, 2003 Page 8 B. Planning Commission Report Planning Director Tom Humphrey presented the Planning Commission report for August 5, 2003: Under public appearances the Commission was given a 30 minute presentation on the new library and city hall buildings. Some people were curious about the status and planning process for proposed retail superstore and this information was presented to both the Commissioners and interested citizens. A. The Commission reviewed and recommended approval of a zoning map amendment that would replace TOD-GC, General Commercial zoning with TOD- MMR, Medium Mix Residential zoning. The tax lots are located on the west side of North First Street and North of Maple Street. Some of the residents were not aware that their property had previously been changed from the R-3 zoning so they were in favor of this proposal. B. The Commission reviewed and recommended approval of a Comprehensive Plan revision and zoning map amendment that would change the land use designation from Residential Low Density to Residential Medium Density. The proposal would also change the zoning of 68 tax lots from R-1-6 to R-2. The tax lots are located on Orth and Marian Drives in the Miller Estates Subdivision. No one was present to comment from the public but the Commission believed that the change would clear up a zoning discrepancy and make the residential density uniform throughout the entire development. C. The Commission reviewed and recommended approval of a Comprehensive Plan revision and zoning map amendment that would change various land use designations and zoning in the Central Point East Subdivision, Parkwood Village PUD, and Brookdale Gardens PUD. Some land was proposed to change from residential to commercial or from high density residential to low density or vice versa. There was initially some confusion on the part of the Commission and local residents but this was clarified and the ultimate aim of matching built or planned development with the right zoning was achieved. D. The Commission approved a final development plan for the Kensington Court Planned Unit Development and 8 lot subdivision. The project is located near the intersection of Pittview and Bursell Roads in the R-1-8, Residential Single Family zoning district. The Commission determined that the applicant met the PUD and tentative subdivision plan requirements given the location and characteristics ofthis infill property. Approval was granted based upon the applicant satisfying conditions previously imposed by the City. E. The Commission approved a fence variance for a storage area at Jewett Elementary School. The applicants requested that three strands of barbed wire be installed on the top of a six foot tall chain link fence in the R-3, Residential Multiple Family zoning district. The school storage area abuts a play area so the Citv of Central Point City Council Minutes August 14, 2003 Page 9 Commission approved the variance provided that the section adjacent to the play area does not have the barbed wire installed. F. The Commission approved a fence variance application for Westside Lumberwhich would allow the applicants to construct an eight foot high block wall in the vacated portion of the old First Street right-of-way. There is currently a seven and one half foot chain link fence with barbed wire at the top. The block wall would replace this and add some attenuation between the lumber yard and adjoining residential properties. Bill Stults made a motion to approve the Planning Commission Report as presented for August 5, 2003. Dick Halley seconded. call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. C. COPS Grant -Increase in Personnel Police Chief Mike Sweeny stated that the City has received a COPS Universal Hiring/Homeland Security Grant. Staff is requesting approval of additional staff for the Police Department and authorization to increase the number of Sergeants from 3 to 4. The grant is for a three year period and pays the City $75,000 over the life of the grant. There is a 25% city match required. The grant would be used to hire an entry level officer. An experienced officer would be promoted to Sergeant and re-assigned to supervise Investigations, Property Control, Records and Training. The same Sergeant will be responsible for overseeing homeland security planning, emergency management activities, community training #o enhance ci#izen self-reliance, planning for special events and coordinating department participation in several multi-agency task groups. The Finance Director has stated that there are no budget problems with receiving and expending the unanticipa#ed grant revenue and that there appears to be sufficient revenues in the existing budget to pay the city match to the grant. Bill Stults made a motion to approve the request for increase of one Sergeant in the Police Department. Mike Quilty seconded. call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quil#y, yes; and Bill Stul#s, yes. Mo#ion approved. IX. MAYOR'S REPORT Mayor Williams reported that: • July 29"' he participated in a tour of burned forests in the Rogue Valley. This included the Elk Creek, Hull Mountain and Squires Peak fire sites. • August 5`h he attended a meeting with Senator Smith regarding economic development in Oregon. Both he and Sen. Wyden support the Healthy Forest Plan Ciry of Central Point City Council Minutes August 14, 2003 Page 10 and Federal Transportation Funding to freeways and bridges. August 5th attended a dedication of the Rotary Bridge on the Bear Creek Greenway and completion of the stretch of greenway path between Barnett and Phoenix. August 7 through the 10th he attended the Oregon Mayors Summer conference in LaGrande. They discussed economic development, transportation and unemployment. Through networking he found out that the Ford Family Foundation might help fund our skateboard park. August 12th he attended the Southern Oregon Mayors lunch. The discussion was to keep Phoenix from pulling out of the Regional Problem Solving. The Mayors decided to work together to get that project completed by June 2004. X. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: • he and Planning Director Tom Humphrey met with representatives from Mellelo Coffee who are interested in locating in Central Point. • he attended a meeting with Senator Smith regarding Homebuilders and affordable housing issues. • he and Mr. Humphrey met with the property manager of Rogue Valley Bin to discuss the issue of condemnation of land that will be used as an extension of Haskell Street. • the First Electronic Town Hall meeting was received well by the public. There is a link on the city website for the video feed if the public would like to see the broadcast. XI. COUNCIL REPORTS Kay Harrison reported that: she attended several of the Movies in the Park. They are a great addition to the Recreation Program. she attended a meeting with Congressman Wyden regarding Rogue Valley Transportation issues. Mike Quilty participated in the Electronic Town Hali. He stated that is was a great opportunity and believes it is a good tool for Staff to use. Bill Stults attended a Regional Water Rate/VNater Treatment meeting. Dick Halley reported that he is very impressed by the Central Point Welcome sign. the library/City Hall expansion meetings have completed and they are proceeding with the next step. City of Central Point Ciry Council Minutes August 14, 2003 Page 1l Nate Banry reported that he was able to ride in a L.A.P.D. Helicopter while he was on vacation in L.A. XII. DEPARTMENT REPORTS Planning Director Tom Humphrey reported that: • they will be contracting out landscape work to be done around the Central Point Welcome sign. • the city has advertised for a Community Planner to fill the position that Matt Samitore will be leaving. • there was a presentation at the Planning Commission meeting to introduce the new Library/City Hall expansion design to the public. • there has been an appeal to LUBA regarding Ordinance 1835 restricting the size of anchor businesses for Community Shopping Centers. Police Chief Mike Sweeny reported that Josh Malon will be joining the Central Point Police Department. He comes to us from the City of Ashland. Lois DeBenedetti reported that: • the City is waiting until the landscaping is complete before lighting the Welcome sign. • she attended the Oregon Building Official Conference in Bend. XIII. ADJOURNMENT Dick Halley moved to adjourn, Nate Banry seconded, all said "aye" and the Council Meeting was adjourned at 9:35 p.m. The foregoing minutes of the Augus# 14, 2003, Council meeting were approved by the City Council at its meeting of August 28, 2003. s / Dated: Q ~ a~~ ~ '~^~ ~~ , 3 ~. Mayor Hank Williams ATTEST: Deputy City Recorder