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HomeMy WebLinkAboutCM121103CITY OF CENTRAL POINT City Council Meeting Minutes December 11, 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 Barry, Dick Halley, Kay Harrison, Donna Higginbotham, and Bill Stults were present. Mike Quilty was excused. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Police Chief Mike Sweeny; Building Official Lois DeBenedetti; Community Development Director Tom Humphrey; and City Recorder Deanna Gregory were also present. III. PLEDGE OF ALLEGIANCE IV. INTRODUCTION OF GUESTS V. MINUTES A. Approval of November 11 2003 City Council Minutes Bill Stints made a motion to approve the minutes as presented. Nate Barry seconded. Roll Call: Nate Barry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. VI. PUBLIC APPEARANCES There were no Public Appearances. VII. PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS A. First Reading of an Ordinance regarding Water Rate Increase. Public Works Director Bob Pierce stated that the cost of doing business for the City increases annually, the cost of water from the Medford Water commission increases annually, and the City has not adjusted water rates since 1996. The City Council and staff have had several study sessions to develop a new rate structure to account for current costs and new methodology for implementing the new rates. As a result of making the proposed changes to the water rate structure, an attempt to address inconsistencies and confusing language in City of Central Point City Council Minutes llecember 11, 2003 Page 2 the existing ordinance, Title 13 of the Municipal Code has been completely rewritten. The proposed Ordinance will replace Title 13 in its entirety. Mr. Pierce handed out a corrected version of the proposed Ordinance, stating that after talking with City Attorney Doug Engle some small changes in formatting and word usage were needed. In general the new ordinance has been written to be more understandable, important dates have been adjusted to coincide with one another, and it is now consistent with field and office practices. Some of the most noticeable changes are: • Established rates -there will be a small base charge for maintaining the water meter and the customer will be billed for the actual amount of water used. • A deposit will be required for all new customers. • Water use from fire hydrants is more clearly defined. • All outstanding fees are to be paid prior to connection or re-connection of water service. • The discount for senior citizens has been replaced with a discount for extreme hardship in order to cover a broader spectrum of citizens. • The city administrator will have the authority to re-define the water month in order . to promote improved efficiency. • Payment due dates and delinquent charges and re-connection fees will be redefined and restructured. Council discussed changes to 13.04.050 Payment Due date -delinquent charges and re- connection fees for an existing water service; and 13.04.060 (f) Leak Adjustments. Mayor Williams opened the Public Hearing. Donald Cole - 740 Annalee Drive Mr. Cole expressed concerns with 13.04.080 (H). He is concerned about the property owner being responsible for damage to the water meter and meter box. He stated that damage can be caused by a variety of things that may be out of the owners hands. He is also concerned about the rates during the summer. He is afraid that people will not water their lawns and landscape because of the increase of water usage. Mr. Pierce explained that this section is similar to the Side Walk Ordinance where the property owner is responsible for repairs and damage to the sidewalk. Damage is usually caused by people driving over the boxes with heavy equipment. Usually caused by contractors during new construction. This covers the city in case damage is done after installation and therefore saving the City money. City of Ceu~al Point City Council Minutes December ll, 2003 Page 3 Bernard Young - 3929 Monte Vista Mr. Young is concerned about 13.04.080 the damage to a water meter box. The council should consider rewording this in order to cover acts of God, natural disasters, and defective equipment. Mayor Williams closed the public hearing Council discussed changing the wording for 13.04.080 to include the exceptions above and authorize the City Administrator to adjust or waive fees under special circumstances. Dick Halley made a motion to pass to second reading an Ordinance Amending Central Point Municipal Code Title 13 Pertaining to the Distribution and Sale of Water. Kay Harrison seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. B. Ordinance No. 1842, An Ordinance Amending the Central Point Zoning Map at Scenic Middle School and Amending the Comprehensive Plan Map and Zoning Map at North Third Street, Second Reading (37 2W 3BA, TL 100; 37 2W 3AB, TL 4300; 37 2W 3AA TL 4400; and 37 2W 3AD, TL 100). Community Development Director Tom Humphrey explained that this is one of seven areas around Central Point where the planning staff has initiated zoning map amendments. In this case however, two private property owners on North Third Street are also making a request to amend the Comp Plan (map) and to rezone their property. A larger area was actually considered by the Planning Commission in August but has been modified to deal with the less controversial changes first. The Council considered the first reading of this ordinance at their meeting in November. This change will designate the Scenic Middle School Property as Civic and Open space and the two tax lots on North Third Street from C-N to R-3. Nate Banry made a motion to approve Ordinance No. 1842, An Ordinance Amending the Central Point Zoning Map at Scenic Middle School and Amending the Comprehensive Plan Map and Zoning Map at North Third Street. Kay Harrison seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. C. Ordinance No. 1843, An Ordinance Amending the Central Point Zoning map for North first Street North of Maple Street from TOD-GC to TOD-MMR, Second Reading (37 2W 3DC, TL 900,1000,1100,1200,1300,1400,1500, and 1501). Mr. Humphrey explained that this rezoning is being proposed for change from TOD-GC to City of Cenh~al Point City Cowicil Minutes llccember 11, 2003 Page 4 TOD-MMR, Medium Mix Residential. Residents and City staff believe that this is a better zoning category due to the number of existing dwellings in the immediate vicinity, slow turn over and the circulation system. City Council approved the first reading of this ordinance at their meeting in November. Kay Harrison made a motion to approve Ordinance No.1843, An Ordinance Amending the Central Point Zoning map for North first Street North of Maple Street from TOD- GC to TOD-MMR. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. D. Ordinance No. 1844, An Ordinance Amending the Central Point Zoning Map for Property East of Gebhard Road Known as Blue Grass Downs (36 2W 35DD TL 1200 & 1300) Second Reading. Mr. Humphrey explained that the applicant has initiated a zoning map amendment that would change the R-1-10 zoning on two tax lots to R-1-8. The new subdivision plan for the area is called Blue Grass Downs. If amended, the Council will also be asked to confirm the Planning Commission decision to approve a tentative plan known as Blue Grass Downs a 96 lot subdivision. The City'Council approved the first reading of this ordinance at their meeting in November. Bill Stults made a motion to approve Ordinance No.1844, An Ordinance Amending the Central Point Zoning Map for Property East of Gebhard Road Known as Blue Grass Downs. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. E. Resolution No. 997, A Resolution Affirming the City Planning Commission Resolution No. 601 Granting Tentative Plan Approval fora 96 Lot Subdivision Known As Blue Grass Downs. Mr. Humphrey explained that the Council is being asked to reaffirm a decision made by the Planning Commission to approve a 96 lot subdivision. The Planning Commission recommended approval of the Tentative Plan with the approval of Council for the zone map changes to R-1-8. Dick Halley made a motion to approve Resolution No. 997, A Resolution Affirming the City Planning Commission Resolution No. 601 Granting Tentative Plan Approval for a 96 Lot Subdivision Known As Blue Grass Downs. Kay Harrison seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. City of Central Point Ciry Comicil Minutes December 11, 2003 Page .5 F. Resolution No. 998, A Resolution Declaring the Annexation of 55.63 Acres of Land Located on the South side of Hamrick Road, and West of Table Rock Road into the City of Central Point, Oregon (Applicant: Victor Joseph, dba Modoc Orchards)(37 2W 12B TL 200} Mr. Humphrey stated that this project consists of the annexation of approximately 55.63 acres located on the south side of Hamrick Road and West of Table Rock Road. The applicant has submitted excerpts from an Environmental Site Assessment in response to concerns raised by the City Council at an earlier meeting. The City has received a letter of support from the Oregon Economic and Community Development Department in conjunction with this annexation request. The letter states that OECDD has been evaluating the property for eligibility under the new industrial lands certification initiative. Even though there is no specific land use proposal for the property, its annexation will allow the site to be marked and certified as `project ready'. At an earlier meeting the Council voiced their concern about an irrigation pond on the property and questioned whether the City would be liable for any contamination once the property is annexed. The agent for the applicants have submitted a letter that states the pond poses no environmental concern to the property or the community. G. Resolution No. 999, A Resolution Amending Personnel Policies and Procedures Resolution No. 986, Section 5.4 Pay Day City Administrator Phil Messina stated that recent information from the IRS has indicated that the City must change the payroll process. The City can no longer allow a payroll "draw" as it has in the past. This resolution amends Section 5.4.1 of the City Personnel Policies and eliminates section 5.4.2 regarding payroll draws. The new policy will be Paydays on the fifth and twentieth of each month unless those dates fall on a Saturday, Sunday or a holiday. In those cases the employee shall be paid on the last working day preceding the fifth and the twentieth. The new payroll dates will commence in January, 2004. Kay Harrison made a motion to approve Resolution No. 999, A Resolution Amending Personnel Policies and Procedures Resolution No. 986, Section 5.4 Pay Day. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. VIII. BUSINESS A. Committee Appointments for 2004 Mr. Messina explained that positions on the Planning Commission, Citizens Advisory Committee, Budget Committee, and the Park Commission are up for reappointment or City of Central Point City Cowicil Minutes llecembcr 11, 2003 Pale 6 appointment of a new member. Budget Committee: Jim DeKort has indicated that he would like to remain on the committee. Al Meyers has declined reappointment. Leaving three vacant positions. Citizens Advisory Committee: There is presently one vacant position on the CAC. The city has received a letter of interest from Christopher Brown. Park Commission: There are presently four vacancies. Letters of interest from Sandy Wilson, Cheryl Cummings, and Bette Cline. Planning Commission: Connie Moczygemba and Rick Perry have both shown interest in reappointment. In addition to appointment or reappointment of the above mentioned people the Council must appoint a Chair person and vice chair person for the Planning Commission, and a Chair person for the Park Commission and the Citizens Advisory Committee. Nate Banry made a motion to reappoint Connie 1Vloczygemba and Rick Perry to the Planning Commission. Bill Stults seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Nate Banry made a motion to appoint Chuck Piland as Chair and Candy Fish as Vice- chair of the Planning Commission. Kay Harrison seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Dick Halley made a motion to appoint Sandy Wilson, Cheryl Cummings, and Bette Cline to the Park Commission. Donna Higginbotham seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Bill Stults made a motion to appoint Jim Harleman as Chairperson for the Park Commission. Kay Harrison seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Bill Stults made a motion to appoint Christopher Brown to the Citizens Advisory Committee. Dick Halley seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Nate Banry made a motion to appoint Herb Farber as Chair person for the Citizens City of Central Point City Council Minutes December 11, 2003 Page 7 Advisory Committee. Kay Harrison seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Kay Harrison made a motion to reappoint Herb Farber, Damian Idiart, Sam Inkley, Sr., Sam Inkley, Jr., Peg Wiedman, and Walter Moczygemba to the Citizens Advisory Committee. Dick Halley seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Kay Harrison made a motion to reappoint Jim Harleman, Eleanor Holbrook and Pete Brown to the Park Commission. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. Kay Harrison made a motion to reappoint Jim DeKort to the Budget Committee. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. B. Planning Commission Report Planning Director Tom Humphrey presented the Planning Commission report for December 2, 2003: 1. The Commission continued its review of a site plan application submitted by John Owens. The applicant is requesting approval to add a duplex on the back of his property located at 400. The property is zoned R-3, Residential Multiple Family and is adjacent to the East Cherry Street Estates pad lot development. Staff discovered some set back discrepancies with the site plan which could not be resolved at the meeting. All agreed to continue the meeting to enable the applicant to work with planning staff and return with a superior design that would fit the lot and be more compatible with adjoining developments. 2. The Commission recommended approval of a zoning code text amendment for fences. A new ordinance would re-codify CPMC Title 15.20; place fences under zoning code Title 17.57 and modify regulations for fences in order to meet Federal flood prevention requirements. References between other sections of the municipal code are also being changed for the purposes of internal consistency. The Commission was pleased with the staff work that was done to simplify the permit process; elaborate on prohibitions in the stream setback area; and describe penalties imposed for violation. City of Central Point City Council Minuses December 11, 2003 Page 8 The commission asked staff to initiate a letter for Chairman Chuck Piland's signature, requesting that Public Works take whatever steps necessary to restrict truck traffic on South Peninger road that is tearing up the cul-de-sac bulb and adversely affecting the new KFC. Nate Banry made a motion to approve the Planning Commission Report for December 2, 2003. 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. C. Liquor License Application for Antonio's Italian Restaurant Mr. Messina stated that Antonio's Italian Restaurant is ready to open for business and is asking Council to approve a Liquor License Request. The Police Chief has provided a letter stating that he has found no information pertinent to this request. Dick Halley made a motion to recommend approval of the Liquor License Application for Antonio's Italian Restaurant. Kay Harrison seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. VIII. MAYOR'S REPORT Mayor Williams reported that he will be attending the Central Point Annual Community Christmas on Friday for the Tree lighting ceremony. IX. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: • the City will be changing insurance providers. Sometime after the first of the year we will be changing from CCIS to the Teamsters. This should save the City a considerable amount of money. There are some concerns with retirement employees but they are working on those options. • the Management Staff held a mini retreat to discuss management goals for the coming year. • the Council retreat is scheduled for January 31, 2004. More information will be provided in January. • there will be an Executive Session after the regular meeting tonight to discuss real property transactions. • the City staff met with the Chamber Board President to discuss issues of City and Chamber involvement. • The City Christmas party was a huge success, he was very impressed with the amount of people who attended. • Central Point Officer Jared Banry received the Drug Enforcement Officer of the Year Cily of Central Point Ciry Council Minutes December 11, 2003 Page 9 for Region 3. X. COUNCIL REPORTS Donna Higginbotham reported that she attended an RVCOG Board meeting to discuss nursing home and residential care facilities. Kay Harrison reported that: • she was pleased to see the turn out at the City Christmas party. • she attended a meeting with County Commissioners to discuss changing standards for clean air in the valley. Bill Stults reported that he attended a field trip with Rogue Valley Sanitary Services to the Kirtland Pump Station. XI. DEPARTMENT REPORTS Building Official Lois DeBenedetti reported that: • Antonio's Italian Restaurant will be opening on December 13, 2003. • the City has received plans for the expansion of McDonalds. Public Works Director Bob Pierce reported that the School District will be closing the portion of Hazel Street that crosses school property. They are concerned about the speed that some of the cars travel. Community Development Director Tom Humphrey reported that: • he attended a class at the School District regarding growth and projects in Central Point. • he attended a meeting of the Southern Oregon Planners regarding new legislation and land use laws from the Department of Conservation. • on Friday December 12`", there will be a meeting about the East Pine Street corridor. • on December 18`" there will be a CAC meeting to discuss the Scenic School Area rezoning. Bill Stults made a motion to adjourn to Executive Session under ORS 192.660 (e), discussion of real property. Dick Halley seconded. All said aye. The meeting was adjourned to Executive Session at 9:03 p.m. XII. EXECUTIVE SESSION City of Central Point City Comicil Minutes llecember 11, 2003 Page 10 Nate Banry made a motion to adjourn into regular session. Dick Halley seconded. All said aye the meeting was adjourned into regular session. Dick Halley made a motion to approve Resolution No. 1000, A Resolution Declaring that the Public Interest is furthered by the Sale of City Property known as the Old Fire Hall at 30 South Third Street in the City of Central Point. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; and Bill Stults, yes. Motion approved. XIII. ADJOURNMENT Bill Stults moved to adjourn, Nate Banry seconded, all said "aye" and the Council Meeting was adjourned at 9:21 p.m. The foregoing minutes of the December 11, 2003, Council meeting were approved by the City Council at its meeting of January 8, 2004. Dated: 1 1'2~lpt~ ayor Hank Williams I 1 ATTEST: Deputy City Recorder