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CITY OF CENTRAL POINT
City Council Meeting Minutes
June 23, 2005
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
111. ROLL CALL: Mayor: Hank Williams
Council Members: Becca Croft, Dick Halley, Kay Harrison, Mike
Quilty and Sandi Richardson were present. Nate Banry was
absent.
City Administrator Phil Messina; City Attorney Doug Engle; Finance
Director Jill Turner; Police Chief Jon Zeliff; Building Official Lois
DeBenedetti; Community Development Director Tom Humphrey;
Parks and Recreation Director Katherine Boxer; Public Works
Deputy Director Chris Clayton; Development Services Coordinator
Matt Samitore, and City Recorder Deanna Gregory were also
present.
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IV. SWEARING IN OF NEW LIEUTENANT
Police Chief Jon Zeliff swore in Lieutenant Chuck Newell. He presented a brief background
and the amount of time Lt. Newell has been with the City of Central Point Police
Department.
V. PUBLIC APPEARANCES
There were no Public Appearances.
VI. CONSENT AGENDA
A. Approval of June 9, 2005, City Council Minutes
B. Approval of Road Closures for 4'h of July Celebration
C. Approval of Road Closures for Downtown Festival
Mike Quilty made a motion to approve the consent agenda as presented. Sandi
Richardson seconded. Becca Croft, yes; Dick Halley, yes; Kay Harrison, yes; Mike Quilty,
yes; and Sandi Richardson, yes. Motion approved.
VII. ITEMS REMOVED FROM CONSENT AGENDA
No items were removed.
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VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing -Appeal of Planning Commission Decision Approving a Two
Lot Residential Partition on Dobrot Way
Community Development Director Tom Humphrey explained that City Attorney Doug Engle
pointed out earlier today that this partition does not meet the requirements of a flag lot for
the City of Central Point. It is at the discretion of the City Council to continue with the public
hearing or refer the item back to the Planning Commission. Residents in the area are not
in favor of the partition.
City Attorney Doug Engle stated that the appellants are entitled to a yes or no decision.
Applicant Greg Holt -Representative
Mr. Holt stated that he just found out about this issue and requests the Council continue the
item until he has talked with the Planning Department about options.
Mike Quilty made a motion to Continue the Public Hearing of the Appeal of Planning
Commission Decision Approving a Two Lot Residential Partition on Dobrot Way until
the Regular Meeting on July 14, 2005. Kay Harrison seconded. Becca Croft, yes; Dick
Halley, yes; Kay Harrison, yes; Mike Quilty, yes; and Sandi Richardson, yes. Motion
approved.
B. Public Hearing to Consider the Vacation of 650 Feet of Unimproved Hazel
Street Right-of-Way
Mr. Humphrey stated that the City received a request from Victor Kosmatka and the
Community Bible Church to vacate the unimproved Hazel Street right-of-way from North
Tenth Street east to the beginning of the Hazel Creek Planned Unit Development (PUD).
The request was recommended by the Planning Commission as an alternative after they
approved the PUD with conditions of Hazel Street improvements. At it's meeting on May
26, 2005, the City Council scheduled a formal public hearing to consider the vacation
request.
Mr. Humphrey explained that ORS 271.130 grants the City Council the authority to vacate
all or part of any street on its own motion without a petition or consent of the property
owners. In this case the City has received the majority consent of the property owners
abutting the rights-of-way under consideration. The goal in pursuing this vacation is to
create a new circulation plan which benefits the Hazel Creek PUD, the Community Bible
Church and also 'cleans up' an unimproved City right-of-way.
Development Services Coordinator Matt Samitore stated that the Public Works Department
has considered this request and is not in favor of the proposed vacation for various
reasons. They believe that there is still a public benefit to retain the Hazel Street right-of-
way.
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Mark Moran, Fire District No. 3, stated that the Fire District would not have been in favor
of the approval of the PUD application if they would have been informed that this would be
an option. The size of the Community Bible Church is an issue with the proposed width of
the private street. If the property is vacated the street width would need to be the same size
as standard city streets. The Fire Department has not seen the current plans for the
proposal.
Mayor Williams opened the public hearing.
Victor Kosmatka, applicant
Mr. Kosmatka read a letter into the record that was presented in the Counci! Packet. He
addressed issues about the concerns of the Counci! regarding the maintenance of the
private street. The project will have the same type of standards required for other
subdivisions. The current residents do not want a walk way/bridge located in this area.
There was discussion about the 25 ft street width.
Dan Kosmatka, applicant
This will be a quality project. There should not be a problem with the street width and the
fire apparatus. There would be no parking on the street, allowing plenty of room for
emergency equipment to maneuver.
Mayor Williams closed the public hearing.
There was discussion regarding the current state of the unimproved portion of Hazel Street;
the proposed foot bridge that Representative Dennis Richardson is working on; and the
possibility of the City paying a larger portion to bring the section up to city standards.
Council and staff are concerned about maintenance and upkeep.
Becca Croft made a motion to move to second reading An Ordinance Vacating
Certain Unimproved Portions of Hazel Street Right-of--Way. Kay Harrison seconded.
Roll call: Becca Croft, yes; Dick Halley, no; Kay Harrison, yes; Mike Quiity, no, and Sandi
Richardson, no. Motion failed.
C. First Reading - An Ordinance Amending the Central Point Zoning Map for
Property Located East of Gebhard Road known as White Hawk Estates (36 2W
02 TL 2700 8~ 2701 (Duncan Development))
Mr. Humphrey stated that this item was continued from the May 26, 2005 Council meeting.
City Staff has met with the applicant and their engineering consu{tant to address the
concerns raised by Council members. These concerns included, but were not limited to: the
timing and development of new infrastructure; the jurisdictional transfer and improvement
of county roads; the formation of an LID; and safety related improvements on Beebe Road
for pedestrians and bicyclists.
The proposal itself involves a Zone Map Amendment to change the zoning on two tax lots
from R-L to R-1-6. The applicant is proposing the construction of single family dwellings at
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slightly higher densities to be known as "White Hawk Estates". The subject property is
located east of Gebhard Road and north of Beebe Road.
Staff met with the project proponents and discussed Council concerns and a variety of ways
they could address those concerns short of requiring them to `fix' all of the problems
associated with developing rural property in the City's UGB. The Planning Department has
been working with the property owners in the Beebe/Gebhard Road area for the past few
years in an effort to `master plan' this neighborhood and to 'coordinate' the construction of
new infrastructure. Understanding the Council's concerns, the developers of both properties
will build half street improvements along their frontages. Half street improvements on
Gebhard Road amount to three quarter road improvements with a much wider road than
currently exists with curb, gutter and sidewalks. In the case of the McMurry property, these
improvements will extend on to Beebe Road.
The applicant has submitted a development schedule which outlines the various steps they
will follow to make improvements before their property can be subdivided and developed.
Under this scenario, it is anticipated that the first four homes will not be built and occupied
until November, 2006. The improvements associated with this development will more than
adequately mitigate the impact it creates.
The City will begin initiating the jurisdictional transfer. The City has a plan for the road
design and will improve this area in the near future. A temporary bike and pedestrian path
could be constructed from Gebhard to Hamrick.
Public Works Deputy Director Chris Clayton stated that there will be an annual revision of
the Capital Improvement Plan. Council could adjust current projects to fund this one.
Currently the plans for Beebe Road are scheduled for 2009.
Mike Duncan and Tony Weller, Applicant and Agent
They are not opposed to constructing a temporary bike/pedestrian path along Beebe Road.
They explained that the proposed improvements are better than the current conditions and
will improve the safety for bike and pedestrian traffic. A throw away path is an option that
they are willing to consider.
Herb Farber, Citizen
Mr. Farber explained that the Planning Commission and Council have the power to deny
a development at the application stage. The Council has the authority to pull the application
for review after the Planning Commission has heard it. If the Council does not feel that the
issues of concern have been addressed.
Mayor Williams closed the public hearing.
Kay Harrison made a motion to move to second reading an Ordinance Amending the
Central Point Zoning Map for Property East of Gebhard Road Known as White Hawk
Estates. Sandi Richardson seconded. Roll Call: Becca Croft, no; Dick Halley, yes; Kay
Harrison, yes; Mike Quilty, yes; Sandi Richardson, yes. Motion passed.
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D. Firs± Reding - An Ordinance Amending the Central Point Zoning Map for
Property East of Gebhard Road Known as 4922 Gebhard Road (36 2W 02 TL
2800 (Artner Investment Properties LLC))
Mr Humphrey explained that on May 26'h, 2005, the Council continued this item until further
information could be provided regarding infrastructure and pedestrian safety. He stated that
staff has met with the applicants and discussed the Council concerns for the project and
area. He explained that the improvements are similar to that of the previous item. The
applicant submitted a development schedule for the Planning Commission's consideration
but this will have to be modified to account for the changes that have occurred with the
City's review. The improvements associated with this development are expected to
adequately mitigate the impact it creates.
Mayor Williams opened the public hearing.
Allen Harper/Herb Farber, Applicant and Agent
They explained the improvements planned for the portion of Gebhard Road that fronts their
project.
Mayor Williams closed the public hearing.
Mike Quilty made a motion to move to second reading an Ordinance Amending the
Central Point Comprehensive Plan and Zoning Maps for Property East of Gebhard
Road Known 4922 Gebhard Road. Kay Harrison seconded. Roll call: Becca Croft, no;
Dick Halley, yes; Kay Harrison, yes; Mike Quilty, yes; and Sandi Richardson, yes. Motion
passed.
E. Resolution No. 1063, A Resolution of Agreement to Extend the Cable
Franchise with Charter Communications Until the City Formally Grants or
Denies a Franchise Renewal
City Administrator Phil Messina explained that the Charter Communications cable TV
franchise is set to expire at the end of this month. Attached is an agreement that the City
will extend the current franchise with Charter while a new franchise is negotiated. He
expects it will take the better part of a year to finalize a new franchise.
Mike Quilty made a motion to approve Resolution No. 1063, A Resolution of
Agreementto Extend for one yearthe Cable Franchise With Charter Communications
Until the City Formally Grants or Denies a Franchise. Sandi Richardson seconded. Roll
call: Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison, yes; Mike Quilty, yes; and
Sandi Richardson, yes. Motion approved.
F. Resolution No. 1064, A Resolution Amending the Central Point Position
Classification Pay Plan for Budget Year 2005-2006
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Finance Director Jill Turner explained the process and procedures for classification
comparisons for the finance department. She stated that the previous Finance Director had
not increased the pay for finance department employees. The proposed increase is to make
up for that oversite. Ms. Turner explained that the budget was prepared with the proposed
salary range increases in mind.
There was discussion regarding the budget process. The Council does not remember
discussing the range increase for the 15 positions mentioned in the memo. Council had
questions regarding the salary levels for the Department Directors.
Mr. Messina explained that the current ranges are archaic with no room for rewards. It is
an automatic 5% increase on an annual basis. He stated that the entire Pay Plan needs to
be reviewed and a salary study done for all position within the next year.
Council directed the City Administrator to work with Human Resources Contractor on a pay
schedule for performance increases and rewards.
Becca Croft made a motion to approve Resolution . A Resolution Amending the
City of Central Point Pay Plan (Table 1 of the Personnel Policies and Procedures) as
presented. Mike Quilty seconded. Roll call: Becca Croft, yes; Dick Halley, no; Kay
Harrison, no; Mike Quilty, yes; and Sandi Richardson, no. Motion failed.
Kay Harrison made a motion to approve Resolution 1064, Amending the City of
Central Point Position Classification Pay Plan with the exception of Ranges 182
through 195. Dick Halley seconded. Roll call: Becca Croft, yes; Dick Halley, yes; Kay
Harrison, yes; Mike Quilty, yes; and Sandi Richardson, no. Motion passes.
G. Resolution No. 1065, A Resolution Declaring that all City Parks are Permitted
to be used by the Public for Recreation Purposes
Parks and Recreation Director Katherine Boxer stated that the proposed resolution is to
assist the City in applying the discretionary immunity that ORS 105.682 enables. For
purposes of legal protection, staff has created a resolution identifying all of the City Parks
as qualifying under the ORS citation.
Cities and Counties already enjoy statutory immunity protection for their respective
recreational facilities, where no fees are charged for access or use. Although passage of
a resolution is not a statutory requirement, the City and County Insurance Services legal
opinion is that a resolution will strengthen the City's ability to eliminate claims or suits,
through a quick summary judgment, if the resolution is entered as evidence.
Kay Harrison made a motion to approve Resolution No. 1065, A Resolution Declaring
that all City Parks are Permitted to be used by the Public for Recreation Purposes.
Sandi Richardson seconded. Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison,
yes; Mike Quilty, yes; and Sandi Richardson, yes. Motion approved.
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IX. BUSINESS
A. Planning Commission Report
Community Development Director Tom Humphrey presented the Planning Commission
report for June 21, 2005.
The Commission approved a Planned Unit Development and 21 lot tentative
subdivision known as Northern Heights. The property is located on the west side of
North Third Street and north of Crown Avenue in the R-1-8, zoning district. The
Commission found that the proposal met all of the criteria for PUD and tentative
subdivision and that the neighborhood was generally in support of the project with
some conditions. The Commission tentatively approved the request with the
recommendations made by City staff and other agencies which included new street
construction at 34 verses 32 feet. They recommended that the City Council be
asked to implement some traffic safety measures over and above those that the
staff was able to recommend.
2. The Commission continued a request for a minor partition known as Creek side.
The property is located north of Beall Lane and east of Elk Creek in the R-2, zoning
district. The Commission determined that the application did not meet the criteria
fora "flag lot" and they did not have a record of a request for variance in front of
them. Consequently, they instructed the applicant to meet with City Staff to come
to a resolution and then return to the Commission after the item was properly
noticed.
3. The Commission approved a site plan application for the construction of a
professional office building on Freeman Court. The subject property consists of two
tax lots on the west side of the court in the C-4, zoning district. The request met all
of the criteria for site plan approval and the Commission judged that the new
building will positively enhance the eastern entrance to the downtown.
4. The Commission approved a zoning variance for the construction of a new home
to replace an existing one at 482 Freeman Road. The property is located on the
northwest corner of Freeman Road and Cedar Street in the R-1-6 zoning district.
The Commission concluded that the circumstances associated with the size of the
lot, an excessive right-of-way and other existing buildings warranted the granting of
this variance.
Mike Quilty made a motion to accept the June 21, 2005, Planning Commission Report
as presented. Dick Halley seconded. Roll call: Becca Croft, yes; Dick Halley, yes; Kay
Harrison, yes; Mike Quilty, yes; and Sandi Richardson, yes. Motion approved.
X. MAYOR'S REPORT
Mayor Williams reported that he attended the 30 year celebration for RVTD.
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XI. CITY ADMINISTRATOR'S REPORT
City Administrator Phil Messina reported that the Mini Council Retreat will need to be
rescheduled. It was agreed to reschedule the retreat to July 5th, 2005, from 6:00 p.m. to
9:00 p.m. at Sandi's Soups and Catering.
XII. COUNCIL REPORTS
Becca Croft reported that she attended the RVCOG meeting where they approved a
resolution to draft a letter of support for HB3303.
Kay Harrison reported that:
she attended the 30"' anniversary celebration for RVTD.
she is no longer on the RVTD Board of Directors.
she attended an RVSS meeting.
Dick Halley made a motion to continue past 10:00 p.m. Mike Quilty seconded. Roll call:
Roll call: Becca Croft, yes; Dick Halley, yes; Kay Harrison, yes; Mike Quilty, yes; and Sandi
Richardson, yes. Motion approved.
Mike Quilty reported that:
• he attended an MPO meeting on May 24`" where they approved $190,000 of STP
money to finish the RPS process.
• he attended an MPO meeting in Salem where they adopted by-laws.
• he attended the graduation of Central Point's newest Police Officers.
• he has been working on transportation issues with freight haulers.
Dick Halley reported that:
• he attended the Study Session
• he attended a Bear Creek Greenway Committee meeting
• he attended a Fair Board meeting. They are getting ready for the grand opening of
the amphitheater
• he is looking forward to the Downtown Festival
Sandi Richardson stated that she has been working on the Downtown festival.
XIII. DEPARTMENT REPORTS
There were no Department Reports.
XIV. ADJOURNMENT
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Dick Halley moved to adjourn, Sandi Richardson seconded, all said "aye" and the Council
Meeting was adjourned at 10:15 p.m.
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City Council Minutes
June 23, 2005
Page 9
The foregoing minutes of the June 23, 2005, Council meeting were approved by the City Council
at its meeting of July 14, 2005.
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Dated: ~ I i~ J p -~ ~ - ,~~~~-~r~
Mayor Hank Williams
ATTE
Recorder
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