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HomeMy WebLinkAboutCM060806 CITY OF CENTRAL POINT City Council Meeting Minutes June 8, 2006 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Becca Croft, Dick Halley, Kay Harrison, and Mike Quilty were present. Nate Banry and Bruce Dangler were excused. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Community Development Director Tom Humphrey; Parks and Recreation Director Katherine Boxer and City Recorder Deanna Gregory were also present. IV. PUBLIC APPEARANCES Wayne Chipman -Donna Way resident Mr. Chipman wanted to thank the Council for removing the baracades and approving the new obstruction where the old Donna Way and the new section meet. It seems to be working as planned. The emergency vehicles have check out the area. AI Schenfisch -Eagle Point resident Mr. Schenfisch explained that a group of residents called the Southern Oregon Highway 62 Ad Hoc Committee are working together to rename a portion of Highway 62 as Veterans' Memorial Highway. They have been working with ODOT and other entities to help achieve this goal. They would like the support of the City of Central Point Council. He provided a letter of support for Mayor Williams to sign. Becca Croat made a motion to support the Veterans' Memorial Highway project. Kay Harrison seconded. Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. Motion approved. V. CONSENT AGENDA A. Approval of May 25, 2006, City Council Minutes. B. Authorization of Street Closure-Thursday Night Festivals C. Acceptance of Park Commission Report for April 10, 2006 D. Acceptance of Non-Profit Foundation Report for March 13, 2006 E. Acceptance of Dedication of Street Right-of-Way Jackson Oaks Phase V F. Acceptance of Dedication of Street Right-of-Way Pine Street Station Phase I Mike Cauilty made a motion to approve the consent agenda as presented. Dick Halley seconded. .Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. Motion approved. vl. ITEMS REIWOVED FROIIA CONSENT AGENDA No items were removed. VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Appeal 06 Planning Commission Decision Approving a Planned Unit Development (PUD) and Tentative Plan Known as Gray Court PUD Community Development Director Tom Humphrey stated that the Planning Commission approved the Gray Court PUD and Tentative Plan to create 25 single family residential lots and one `tot lot'. The Commission approved the PUD and subdivision knowing that the applicant missed a filing deadline. They found that the `pad lot' housing design met local needs for affordability and household size. The application was submitted to the City in February a day after new zoning code changes went into effect for PUDs. The new law went into effect on Saturday, February 11"', 2006 and the applicant filed application on Monday, February 13`x. The applicant states that he was told that the last day to file would be Monday, February 13"'. The Commission was informed of the filing dilemma and they were advised by staff to deny the application. The Commission elected to hear the proposal on its merits and independent of its procedural flaws. Attorney Mark Burkalter appeared on behalf of two property owners in the Meadows who objected to the development proposal due to their loss of privacy and their concerns about equipment noise, fencing and landscaping. Mr. Burkhalter stated that his clients would appeal the Commissions decision if they failed to deny the application. The letter of appeal does not state the specific issues that are being raised by the neighbors, it is understood that the filing error is one of them. Staff recommends to over turn the Planning Commission decision because of the procedural error. If the Council over turns the decision the applicants would have to reapply as a tentative subdivision. They would have to redesign the floor plan to meet set back requirements. The current plans do not meet the front set backs. Mayor Williams opened the Public Hearing. City of Central Point City Council Minutes June 8, 2006 Page 3 Mayor Williams opened the Public Hearing. Cal Martin -Applicant Mr. Martin stated that they have been working on this project for one and a half years ago. The project was designed with less density than is allowed for this zoning. The Commission liked the project because of the plans and the affordability. They were told about the new laws going into effect and that they would need to submit the plans by February 13"'. They assumed because they had been working with staff it would be ok to submit even when they were told they had missed the deadline. They have included all the recommendations from the Commission. Mark Hanaberg -Attorney for the Applicant Mr. Hanaberg stated that it is a common occurrence that when a filing date is on a weekend then the following Monday is acceptable for submitting the application. He states that the application was not late because the due date was on a Saturday. The applicant filed in good faith after being told by staff that the filing deadline -would be on Monday. They were required to have a traffic study completed which took time. If the city had not required the traffic study the application would have been tumed in several weeks before the deadline. Doug Engle, City Attomey Mr. Engle stated that the laws and cases Mr. Hanaberg quoted are for filing deadlines. This was a submission and was not required of the applicant. They were not required to turn in the plan's, they were simply informed of a change in law. The issue is when the law went into effect, not when the application was submitted. Tim Koy -Neighbor Mr. Koy stated that he does not understand the reason for the appeal. The request does not make it clear.. The property is zoned for this type of use and could have more houses in the project. He feels that this is a wonderful project. The project is supported by the Commission and most of the neighbors. The appellants need to read the law. This is good use of the property. John Gray -Applicant Mr. Gray stated that the main issue is the date the application was turned in. They were told that the last day was on Monday. They submitted in good faith believing that it was the final day to submit before the law went into affect. If they are required to redesign the project they would have to increase the density in order to make it worth the cost. The appellants were looking for issues that they could appeal. They simply just do not want growth behind their houses. Mr. Humphrey stated that the attorney for the appellants is not present and the appellants have chosen not to speak. He stated that the Council chose to review City of Central Point City Council Minutes June 8, 2006 Pale 4 this issue when they were presented with the Planning Commission report. Their choice is to reaffirm the Commission decision to approve or over turn the decision and state the findings why. Mayor Williams closed the Public Hearing. There was discussion regarding what the applicants were actually told regarding the fast date to submit their application. Mr. Engle tends to give credence to the Developer, they would not have put this much money into a project only to submit it one day late. There was discussion regarding the intent of the law and the filing date. Kay Harrison made a motion to affirm the Planning Commission Decision to approve a Planned Unit Development and Tentative Plan known as Gray Court PUD: Dick Halley seconded. Roll call: Becca Croft, no, Dick Halley, yes; Kay Harrison, yes; Mike Quilty, no. Tie Vote: Mayor Williams, yes. Motion approved. B. Second Reading -Ordinance No. 1875, An Ordinance Amending the Central Point Zoning Map in the Vicinity of Gebhard and Wilson Roads (36 ~W 3D, TL 1100) Mr. Humphrey stated that this is the second reading of an Ordinance to amend the City Zoning Map in the vicinity of Gebhard and Wilson Roads from R-1-10, to R- 1-6. The proposal was evaluated in light of a master plan that was submitted to the City as part of the annexation request. 'The master plan depicted smaller, lots which were intended to be part of a larger development in the future. The Planning Commission determined there was adequate justification for this change after they reviewed the staff reports and took public testimony. The Council conducted a public hearing at the first reading. No objections or issues surfaced at the last meeting and the Council passed the ordinance to a second reading. Mike Quilty made a motion to approve Ordinance No. 1875, An Ordinance Amending the Central Point Zoning Map in toe Vicinity of Gebhard and Wilson 1Loads (36 2W 3D, TL 1100). Dick Halley seconded. Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison, no; and Mike Quilty, yes. Motion approved. C. Resolution No. 1103, A Resolution Declaring the Annexation of 7.11 Acres of Land Located on the South Side of Vilas Road and West of Table Rock Road, into the city of Central Point (Applicants: Clark/Patterson (37 2W O1BA; t1500 & 700)} Mr. Humphrey explained that the owners are represented by Dale Clazk who has a conceptual site plan in conjunction with this annexation request. The property is zoned R-2 and the applicants intend to develop a residential subdivision known as the Parkway Subdivision. The annexation meets all annexation criteria. City of Central Point City Council Minutes June 8, 2006 Pale 5 Mike Quilty made a motion to approve Resolution No. 1103, A Resolution Declaring the Annexation of 7.11 Acres of Land Located on the South Side of Vilas Road and West of Table Rock Road, into the city of Central Point (Applicants: Clark/Patterson (37 2W O1BA; tl 500 & 700)). Kay Harrison seconded. Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. Motion approved. D. Resolution No. 1104, A Resolution Authorizing the Acquisition of Real Property and a Utility Easement for the Purpose of Widening Snowy Butte Lane. Public Works Director Bob Pierce explained that the City has been in negotiations with Matthew and Pamela Chancellor since Mazch, 2006 to acquire a portion of their property for the Snowy Butte Lane LID. The Chancellors have been unwilling to agree to the appraised value of their property. In order to proceed with the LID the City must condemn a portion of their property. In negotiating with the Chancellor's the City is obligated to give them 40 days to agree to terms. The 40 day window expired in May and the City cannot wait any longer without delaying the project. The attached resolution offers the sum of $15,455 for the right-of--way. If the Council approves the Resolution construction will begin next week. ICay Harrison made a motion to approve Resolution No. 1104, A Resolution Authorizing the Acquisition of Real Property and a Utility Easement for the Purpose of Widening Snowy Butte Lane. Mike Quilty seconded. Roll call: Becca Croft, yes; Dick Halley, yes; Kay Hamson, yes; and Mike Quilty, yes. Motion approved. E. Resolution No. 1105, A Resolution Scheduling Biennial Election of Central Point City Officers on November 2, 2006. City Administrator Phil Messina stated that the recommended resolution sets the date for the next election of city officers to coincide with Statewide General Election on Tuesday, November 2, 2006. The positions of Mayor, Council members from Ward I, II, and III will be up for election. The filing period for the election begins on Monday, August ~, 2006 and runs through Thursday, August 24, 2006. Mike Quilty made a motion to approve Resolution No. 1105, A Resolution Scheduling Biennial Election of Central Point City Officers on November 2, 2006. Kay Harrison seconded. Roll call: Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. Motion approved. VIII. BUSINESS City of Central Point City Council Minutes June 8, 2006 Page 6 A. Planning Commission Report Mr. Humphrey presented the Planning Commission Report for the regularly scheduled meeting on June 6, 2006. • The Commission recommended approval of a Zone Map Amendment to Change approximately .67 acres from R-1-10 to R-1-8. The property is located east of Grant Road and north of Beall Lane and is adjacent to other property zoned R-18. The commission found that the zone change request was consistent with the Comprehensive Plan and the conceptual master plan for the azea that was submitted at the time of annexation. • The Commission recommended approval of a Zone Map Amendment to change approximately 1.34 acres in the Twin Creeks Development from TOD-Open Space to TOD Low Mix Residential zoning. The property is located north of Tulane Road, west of Buck Point Street and south of Twin Creeks Grassing. The Commission found that the zone change request was consistent with the Comprehensive Plan and that the change corrects a discrepancy in the Twin Creeks Master Plan that has gone undetected since its original approval. • The Commission approved a tentative plan fora 4-lot subdivision consisting of the three residential lots and an Open Space lat. The property is located north of Tulane Road, west of Buck Point Street and South of Twin Creeks Crossing. The Commission found that the proposal met City code requirements and approved the tentative plan with the conditions recommended by the planning, public works, and building departments. • The Commission approved a Conditional Use Permit application to operate an outdoor pottery sales lot and a lacquer art gallery. The property is located at 1480 East Pine immediately east of 1-5 in the C-4 zoning district. The Commission found that the proposal was consistent with the intent of the zoning district and that it would improve the overall appearance of the site. They approved the proposal with the conditions recommended by the planning, public works, and building departments. Access was limited to one driveway only. Mr. Humphrey also mentioned that Staff would like to include the Planning Commission Report to the Consent Agenda in order to reduce time spent at Council meetings. Council was not in favor of that option, the report generates discussion they feel is important. Mike Quilty made a motion to approve the Planning Commission Report as presented for Jaane 6, 2006. Becca Croft seconded. Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison, yes; and Mike Quilty, yes. Motion approved. IX. AAAYOR'S REPORT AAayor Williams reported that: 1 City of Central Point City Council Minutes June 8, 2006 Page 7 • He attended a Pacific Power event at the Expo regarding an alternate energy project. • He attended an RPS meeting where they considered the Tolo area as industrial land on a region wide basis. X. CITY ADAAINISTRATOR'S REPORT Phil Messina reported that: • He attended an RPS meeting • There will be a long agenda on June 22, 2006, and would like to make sure that all the Council Members will be present for a quorum. • They will be advertising to get started with the Strategic Plan • The 4~' of Juty Street Closures will be returning to Council on June 22. XI. COUNCIL REPORTS Dick Halley reported on the Greenway Committee. Becca Croft stated that she will be out of town for the meeting on July 27"'. Mike Quilty reported that: • He attended Contract Oversite RPS Committee meeting • He attended an Transportation Conference in Seattle. • He attended the WCCC meeting • He attended the BikelPed open house tonight. • The Port of Portland is close to an agreement to locate in the Tolo Area. • He will be out of town during the June 22, and July 13~' Council meetings. XII. DEPARTIINENT REPORTS Community Development Director Tom Humphrey reported that: • Don Burt will be representing the Planning Department for the next two weeks while he is out of town. • They have received a Rail Order for the new crossing contingent on an intergovernmental agreement with the County. • There was an Open House tonight to promote the Ped/Bike crossing over I-5. The survey results show the majority of citizens are against the proposal. • The Thursday night market will begin on June 22"d • Community Planner Ken Gerschler will be moving to Australia at the end of the month. He has been an employee for 10 years. Parks and Recreation Director Katherine Boxer reported that: • They have received a $10,000 grant from the Gordon Elwood Foundation. City of Central Point City Council Minutes June 8, 2006 Pale 8 • she attended a State Committee Meeting for encouraging outdoor recreation for youth. • She will be going to Salem to present the grant application for Don Jones Park. • The summer Brochure is on the website and should be out in a few weeks. • The fees for classes have increased to cover the cost of providing the service. Public Works Director Bob Pierce reported that: • There will be a going away party at 5:00 p.m. on June 22, for Ken Gerschler, Ed Cobb and James Sollee who will be leaving for Iraq soon. • The paint crews have been out striping with the nice weather. • The Glen Way sidewalk project is almost comptete. XIII. ADJOURPIMEIdT Mike Quilty moved to adjourn, Becca Croft seconded, all said "aye" and the Council Meeting was adjourned at 9:05 p.m. The foregoing minutes of the June 8, 2006, Council meeting were approved by the City Council at its meeting of June 22, 2006. ~ Dated: 6l Z 31i~b Mayor Hank Williams 1