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HomeMy WebLinkAboutSSM091806CITY OF CENTRAL POINT City Council Study Session September 18, 2006 MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 6:00 p.m. II. ATTENDEES Mayor: Hank Williams Council Members: Nate Banry, Dick Halley. All other Council members were absent. City Administrator Phil Messina; Community Development Director Tom Humphrey; Building Official Lois DeBenedetti; Finance Director Jill Turner, and City Recorder Deanna Gregory were also present. III. BUSINESS A. Discussion of Annexation Policy and Practice in Central Point Community Development Director Tom Humphrey stated that there has been some talk and concern in the past regarding county islands in the city limits. The new infrastructure along Table Rock Road has inspired property owners to begin re-development of their property. Fire District 3 has asked city staff if they would be willing to take a more proactive stand on annexing property along Table Rock Road to better manage the development of that area. This meeting is to update the Council on current policy and ask direction. Currently the City does not initiate annexations. If a property owner wishes to be annexed a process is followed. They must meet the four areas of criteria, and it comes before the Council in the form of a resolution. Staff attempts to check with adjoining property owners to see if they have thought about annexation. The City has consent to annex agreements with several property owners outside of the City limits. The agreements state the reason for the consent, usually because of water issues. There are special circumstances for allowing someone outside the city limits to hook up to city water. When this happens the city requires the property owners to sign a consent to annex agreement. This agreement states that when asked by the city, the property owners will not contest the annexation of their property. To date, the city has never required one of these agreements to be fulfilled. In most cases of county islands, the residents get city services but do not pay city taxes. Another current policy is that Council has encouraged staff to provide a master plan for large areas that are interested in annexation. There are three areas of county islands at this time: Table Rock Road; Edella, and Edwinna; Sunland, Tulane, and Carlton areas. Mr. Humphrey presented a letter from City Attorney Doug Engle with an overview of the ways a city can annex property as outlined in ORS 222. 100% owner consent: This is current city policy. No election is required, or notices of public hearing, property must meet all four criteria: 1) written consent, 2) within Urban Growth Boundary, 3) Contiguous to City Limits, and 4) orderly provision of Public Facilities. "Triple Majority" or "Double Majority" consent: If there is a triple or double majority consent then annexation is done without election, public hearing notice is required. Adopted by Ordinance which is subject to referendum. "Island" Annexations: When territory is surrounded by city boundary, city passes motion or resolution proposing annexation, no election is required, public hearing notice is required, no consent of owner is required, is subject to referendum. City-wide Election: City passes motion proposing annexation of territory and calls for city- City of Central Point Study Session Notes September 18, 2006 Page 2 wide election, no consent of owners is needed, no pubic hear required, city wide election at general or special election, 51 % required, city passes resolution. Territory-only Election: City passes motion proposing annexation of a certain territory, no written consent is required, no citywide election, pubic notice is required, 51 % of votes from territory only election must be in favor of annexation, if approved city passes resolution. Fire District 3 is concerned with development in the Table Rock Road area. They are developing with county standards which are not as strict as the city. Some of the property owners along Table Rock Road have hooked up to city water and have signed Consent to Annex agreements. Most of the lots along the west side of Table Rock Road are under developed and it would be nice to have them build to city standards. Micah Lieberman, Silver Creek Resident Mr. Lieberman stated his concerns regarding a property in the Sunland Area that is doing business out of his home. This business is a heavy equipment operator and causes a disturbance to the City residents. This is business is not an approved home occupation for county or city standards. He has approached the property owners and asked for quiet hours in the mornings and evenings, but has been unsuccessful. He has contacted the County Code Enforcement but they are unable to enforce this issue at this time. Most of the property along Sunland, Tulane, and Carlton is outside the City limits but what they do affects the citizens in the city. He would like to see the city annex this particular county island. Mr. Humphrey stated that staff is looking for direction as to the areas that have become county islands. Staff would do the leg work to see if the property owners are interested in annexation. Does the Council want to proceed with the island annexations? Staff could do research for triple and double majority and the election options once directed by council. Conclusion: Council directed staff to check into the county island areas of Edwina, and Edella; Sunland, Tulane, and Carlton; and Table Rock Road. They would like to know if the property owners are in favor of annexation, how many have annexation agreements with the city, and if they are provided city services. IV. Wood stove change out discussion City Administrator Phil Messina stated that the Department of Environmental Quality would like the Council to consider an Ordinance requiring the change out of non-certified woodstoves and fire place inserts to be removed from a home when it is sold. They would either have to be changed or removed completely before the housed is sold. Medford, Talent, and Jacksonville have adopted similar ordinances. Medford is unsure how they will enforce the ordinance but agrees it is a good idea. DEQ has prepared a sample ordinance. Staff would like to know if Council is in favor of proceeding with an ordinance. Conclusion: Council directed staff to proceed with an Ordinance for wood stove change out IV. ADJOURNMENT The Study Session for September 18, 2007, was adjourned at 7:10 p.m.