Loading...
HomeMy WebLinkAboutCM110906CITY OF CENTRAL POINT City Council Meeting Minutes November 9, 2006 I. REGULAR MEETING CALLED TO ORDER Council President Dick Halley called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE 111. ROLL CALL: Mayor: Hank Williams -excused Council Members: Becca Croft, Bruce Dingier, Dick Halley, Kay Harrison, and Mike Quilty were present. Nate Banry was absent. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Police Chief Jon Zeliff; Building Official Lois DeBenedetti; Community Development Director Tom Humphrey; Parks and Recreation Director Katherine Boxer, Community Service Officer Ron Barnett, and City Recorder Deanna Gregory were also present. IV. PUBLIC APPEARANCES Several People from the audience asked about the dog leash ordinance that was supposed to be on the agenda. They asked about county enforcement of the leash and license law. Chair Halley stated that the second reading for the Ordinance Amending Chapter 6.68 pertaining to unlawful conduct in the City Parks will be presented at the November 30, Council meeting. There will be a public hearing a# that time. Community Service Officer Ron Barnett stated that the County can not enforce the law inside the City limit. It is hard to enforce a leash law because by the time the enforcement officer gets to the location the animal is usually gone. V. CONSENT AGENDA A. Approval of October 26, 2006, City Council Minutes B. Acceptance of the October 24, 2006, Traffic Safety Committee Report C. Acceptance of September 25, 2006, Parks and Recreation Foundation Minutes D. Acceptance of September 25, 2006, Parks and Recreation Commission Minutes E. Acceptance of the Quarterly Financial Statement ending September, 2006 City of Central Point City Council Minutes November 9, 2006 Pale 2 Mike Quilty made a motion to approve the consent agenda as presented. Becca Croft seconded. Roll call: Becca Croft, yes; Bruce Dingier, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. Motion approved. V{. {TENS REMOVED FROM CONSENT AGENDA No items were removed. VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First Reading - An Ordinance Amending Central Point Municipal Code Section 6.08.010 Pertaining to the Keeping of Animals City Administrator Phil Messina explained that the City Attorney crafted language that specifically defines and prohibits the ownership of animals of the cat family including, "Lions, tigers, jaguars, bobcats, cougars, etc". The Council has several options: 1) Do nothing, 2) approve the language as submitted by the City Attorney, 3) A{{ow the keeping of these kinds of animals if the owner follows specific criteria and makes every effort to safeguard the public, or 4) craft an ordinance banning the keeping of any animal defined to be "exotic". Chairman Halley opened the Public Hearing Nick Kissler, Central Point Resident Mr. Kissler stated that he is the owner of the bobcat in question. He does not feel that it is right for the council to enact laws because one person has complained about the keeping of the bobcat. He stated that he is registered by the State of Oregon and has taken steps to protect the animal and the citizens in the neighborhood. He asked if the Council enacted this law if he would be grandfathered in. City Attorney Doug Engle stated that this is not a land use issue where the land owner can be grandfathered in. The Ordinance could be subject to referendum if enough signatures were gathered. He explained that a trial judge has stated that the city Ordinance is too vague as to what a household pet is. The state permits and regulates the keeping of this type of animal. Alan Howard, Medford Resident Mr. Howard stated that he holds a USDA Class A license regarding animals similar to the bobcat in Central Point. He suggests that the owners are required to have a Fish and Game Permit in order to possess and keep these types of animals. He does not want to see a law banning them from the City. If the City requires the declawing and defanging of the animals they may have issues with animal rights activists. There are no agencies that would provide extra insurance for large cats. The insurance provided is regular home owners insurance. David Painter, Central Point Citizen City of Central Point City Council Minutes November 9, 2006 Page 3 Mr. Painter stated that the issue is regarding the type of animal, not one specific home. If the Council passes an ordinance it should be for the good of all people in Central Point not just one neighborhood. Mr. Halley closed the public hearing. There was discussion regarding the possibility of the animal harming a human if it escaped. The possibility is like any other animal, if provoked it could harm a human. But, they are not raised to hunt. Community Service Officer Ron Barnett stated that there are other citizens who have other types of potentially dangerous "pets". He has been on calls for other animals that could cause damage to a person if in the wrong situation. The change in the code is needed because it does not have the language to regulate any type of animal as long as it can stay in the house. Central Point has not had a big problem with any of these animals at this time. Police Chief Zeliff stated that this is an enforcement issue. Staff needs to know where we draw the line on exotic pets. There was discussion regarding the wording for exotic animals. They would like to see the word domestic changed to a word that is not so ambiguous. There was discussion regarding the licensing and steps needed by the state in order to have a permit to keep an exotic animal. They would like to see an ordinance to protect the public but allow licensed and controlled animals. Becca Croft made a motion to continue the first reading of an Ordinance Amending Central Point Municipal Code Section 6.08.010 Pertaining to the Keeping of Animals to the December 14, 2006, Council Meeting. Mike Quilty seconded. Roll call: Becca .Croft, yes: Bruce Dingler, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. B. Ordinance No. 1896, An Ordinance Amending Portions of CPMC Chapter 8.04 Pertaining to Abatement of Nuisances -Second Reading Mr. Messina stated that the recommended changes have been made and language for an appeal process has been incorporated. Becca Croft made a motion to approve Ordinance No. 1896, Amending: Portions of CPMC Chapter 8.04 Pertaining to Abatement of Nuisances. Mike Quilty seconded. Roll call: Becca Croft, yes: Bruce Dingler, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. C. First Reading - An Ordinance Adding Section 8.01.016 of the Central Point Municipal Code Pertaining to the Removal of Non-Certified Wood Stoves and Fireplace Inserts Mr. Messina stated that this is a request from DEQ pertaining to the removal of non-certified wood stoves. Certified wood stoves and fireplace inserts have been City of Central Point City Council Minutes November 9, 2006 Page 4 designed to be cleaner burning appliances than the older non-certified appliances. The Ordinance defines non-certified wood stoves; exempts pellet stoves, indoor cook stoves, antique wood stoves, and fireplaces. The seller of the property has the responsibility of removing non-certified appliances. A signed disclosure form must be signed by the seller and the buyer as part of the sale. Mr. Halley opened the public hearing. John Becker - DEQ representative Mr. Becker presented more information on the new federal standards. All communities in the air quality area are in the process of passing similar ordinances. Jackson County Housing Authority has funds available for wood stove change outs for low income home owners. Mr. Halley closed the public hearing. Kay Harrison made a motion to pass to second reading an Ordinance Adding Section 8.01.016 of the Central Point Municipal Code Pertaining to the Removal of Non-Certified Wood Stoves and Fireplace Inserts. Mike Quilty seconded. Roll call: Becca Croft, yes: Bruce Dingier, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. D. Resolution No. 1125, A Resolution Authorizing the City of Central Point to Acquire Property Located at 4861 Upton Road Public Works Director Bob Pierce stated that last year the City retained the services an engineering firm to design the realignment of the Upton/Scenic/10~'/N. 3`" Street intersection. The City needs to acquire a 0.89 acre parcel located at 4861 Upton Road in order to complete the project. The property has been appraised at $450,000. The city offered 5% above the appraised price. The seller has agreed to the price, pending approval by the City Council. A Resolution is attached if the council agrees to the purchase price of $475,000. Mike Quilty made a motion to approve Resolution No. 1125, A Resolution Authorizing the City of Central Point to Acquire Property Located at 4861 Upton Road. Kay Harrison seconded. Roll call: Becca Croft, yes: Bruce Dingier, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. E. Ordinance No. , An Ordinance Amending Chapter 6.68 of the Central Point Municipal Code Pertaining to Unlawful Conduct in City Parks This item is being continued to November 30, 2006. VIII. BUSINESS A. Planning Commission Report City of Central Point City Council Minutes November 9, 2006 Page 5 Community Development Director Tom Humphrey presented the Planning Commission report for November 7, 2006. • The Commission approved a request of the extension of the Preliminary Development Plan for Gebhard Village Planned Unit Development. Engineering improvement plans have taken longer to prepare then anticipated because the applicant has had to make multiple revisions. A final plat application has been submitted and a final set of improvement plans is expected to be approved by the City this month. The Planning Commission granted the extension to January. • The Commission approved a tentative plan for nine single family lots west of Hamrick Road and south of Beebe Road. The property was recently annexed to the City and is located in the R-2 zoning district. The property is adjacent to commercially zoned land. A circulation plan was worked out for this and neighboring lots to make sure that the area could be reasonably developed. The Commission eliminated one County traffic control requirement because it was judged to be unsafe and infeasible. However, other standard City, County and Fire District conditions were imposed. • Under miscellaneous items, the Commission was introduced to prospective municipal code amendments which would allow concealed building roof and wall mounted antennas as permitted uses in high density residential, commercial and industrial zoning districts. Verizon Wireless submitted a text amendment application to the City and Planning Staff has been comparing their proposal to mask cellular systems or to incorporate them into building architecture. The Commission provided staff with their recommended changes to proposed code amendments. • The Commission was shown a presentation which explained the process for amending an Urban Growth Boundary (UGB). Planning Staff also summarized the City's projected need for more urban land until 2015. Members were invited to attend CAC meetings scheduled for November 13, 28, and December 12. The Planning Department will invite property owners to express their opinions about the inclusion of their property to future UGB adjustments. • The Commission was given an update of the Regional Problem Solving (RPS) process. They were shown the areas where the RPS Policy Committee has tentatively supported growth and given the reasons why it was rejected elsewhere. Council asked staff to research radiation from Cell Towers. Mike Quilty made a motion to approve the Planning Commission Report for November 7, 2006. Becca Croft seconded. Roll call: Nate Banry, yes; Becca Croft, yes: Bruce Dingier, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. IX. COUNCIL BUSINESS Council Member Bruce Dingier is concerned about the "Appeal to Council" fee that was recently changed. He stated that the fee is now $1,011 to appeal a City of Central Point City Council Minutes November 9, 2006 Page 6 Planning Commission Decision to the Council. It was $200 before the recent fee increases. He is concerned that this will hurt the private home owner because they would not be able to pay to have an item reviewed by City Council and the Council is suppose to be representing the citizens. Staff will research and return to Council with an recommendation. Council Member Kay Harrison has been asked to be a representative for RVACT and would like the Councils recommendation in the form of a motion. Mike Quitty made a motion to recommend Kay Harrison as Representative to RVACT for Central Point. Becca Croft .seconded. Roll call: Becca Croft, yes: Bruce Dingier, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quitty, yes. X. MAYOR'S REPORT There was no report XI. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: • The Strategic Plan Steering Committee has come up with a name for the project "Central Point Forward Fair City Vision 2020" • He will be out of the office from November 16 - 27"'. • There will be a Study Session on November 27"' to discuss the RPS project and Water Rights. XII. COUNCIL REPORTS Mike Quitty reported that: • He attended the RPS Oversite Committee meeting. • He attended an MPO Conference in Fort Lauderdale. • He has attended meetings regarding Economic Development associated with exit 35. • He has been attending the Strategic Planning Process meetings. Kay Harrison reported that she attended the RVSS 40~' Anniversary Banquet. Dick Halley reported that he attended the Parks and Recreation Committee meeting. Bruce Dinger stated that he attended the RPS Policy Meeting. XI11. DEPARTMENT REPORTS Pyblic Works Director Bob Pierce reported that: • The Snowy Butte Lane project is just about complete. • Staff has been working on the storm drains, and getting ready for the rainy season. • Water crews have been checking all the fire hydrants for pressure. City of Central Point City Council Minutes November 9, 2006 Page 7 Parks and Recreation Director Katherine Boxer reported that: • The demolition for the City gym has begun and should be complete by Monday. • There will be a Community Planning Forum for Don Jones Park on November 14m. • The Sr. Center will have its 25"' Anniversary Lunch on November 16th • The winter activity brochure will be in the November water bills. Community Development Director Tom Humphrey reported that there will be Citizen Advisory Committee meetings on November 13, 28, and December 12th to discuss UGB amendments. Police Chief Jon Zeliff reported that: • Through great detective work they have arrested several people involved in the graffiti issues at Crater High School. • The high tech crimes unit will be receiving a special computer next week donated by the US Army. Building Official Lois DeBenedetti reported that: • She was a substitute teacher at RCC on October 25"' for the Building Program. • She attended the Staff retreat on October 30 and 31 gt. • They have been attending weekly Building training classes. • Staff will be attending a statewide E-permitting program. XIV. ADJOURNMENT Becca Croft moved to adjourn, Kay Harrison seconded, all said "aye" and the Council Meeting was adjourned at 8:52 p.m. The foregoing minutes of the November 9, 2006, Council meeting were approved by the City Council at its meeting of November 30, 2006. ~aDafed: ~a. /~ / ~~~~~ !~ Mayor Hank Williams ~. City Recorder