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HomeMy WebLinkAboutCM120904CITY OF CENTRAL POINT City Council Meeting Minutes December 9, 2004 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE I11. ROLL CALL: Mayor: Hank Williams Council Members: Nate Banry, Dick Halley, Kay Harrison, Donna Higginbotham, Bill Stults and Mike Quilty were present. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Finance Director Jill Turner; Police Chief Jon Zeliff; Building Official Lois DeBenedetti; Community Development Director Tom Humphrey; Parks and Recreation Director Katherine Boxer, and City Recorder Deanna Gregory were also present. IV. PUBLIC APPEARANCES Fred Schlacht, Business Owner Mr. Schlacht is concerned about the improvements at Pine Street and Highway 99. Traffic is backing up and there is no room for trucks to turn. He stated that the traffic studies were not correct because they were conducted while the Pine Street bridge was under construction. A bike lane is not needed. Don Pfaff, Business Owner Mr. Pfaff stated that he is still concerned about the intersection at Highway 99 and Pine Street. He can not afford to loose parking in front of his business for a bike lane. He presented photos of traffic backed up at the intersection. He has contacted several business owners and they can not believe Council has approved this redesign. He would like the information about the Grant and background information. Hugh Robinson, Business Owner Mr. Robinson made a plea for common sense among the Council. This redesign is wrong for local businesses. Gordon Wood, Resident Mr. Wood plans to recall Council members who voted for the zone change at Scenic110th/3rd Street intersection. V. SPECIAL RECOGNITION This item was moved to tFtiE~> item of business. City of Central Point City Council Minutes December 9, 2004 Page 2 VI. CONSENT AGENDA A. Approval of November 18, 2004, City Council Minutes B. Cancellation of second Council meeting in December Mike Quilty made a motion to approve the consent agenda as presented. Donna Higginbotham seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. VII. ITEMS REMOVED FROM CONSENT AGENDA No items were removed. VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Resolution No. 1040, A Resolution Canvassing the Votes Cast at the General Election Held November 2, 2004 City Administrator Phil Messina stated that the City Charter requires the Council to canvass all election returns at the first regularly scheduled meeting following receipt from the County Clerk of the certification of election results. A copy of the report was received on November 29, 2004. The proposed resolution canvasses the total number of votes cast at the election, the votes cast for each person, the name of each person elected to office and the office to which they have been elected. It further directs the City Administrator to prepare, sign and deliver a certificate of election to each person elected within thirty days after the canvass. Mike Quilty made a motion to approve Resolution No.1040, A Resolution Canvassing the Votes Cast at the General Election Held November 2, 2004. 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. B. Public Hearing - Ordinance No.1854, An Ordinance Concerning Real Property Compensation; Creating Section 17.89 of CPMC: Adopting Procedures for Processing Claims; and Declaring an Emergency. (Ballot Measure 37 Implementation) Community Development Director Tom Humphrey explained that on November 2, 2004, voters passed Ballot Measure 37. The measure authorizes property owners to file a claim with a local government that has enacted or enforced a land use regulation that restricts the use of private real property and that reduces the value of that property. In an effort to provide guidelines for processing such claims in the City of Central Point, the Planning Department has prepared a model ordinance for this purpose. Central Point is following other Oregon jurisdictions by creating a structure to process Ballot Measure 37 claims. The League of Oregon Cities prepared a sample ordinance that has been customized for adoption in Central Point. The proposed Ordinance covers the following sections recommended by the League including: 1)purpose; 2) definitions; 3) City of Central Point City Council Minutes December 9, 2004 Page 3 claim filing procedures; 4) City Administrator Investigation and Recommendation; 5) City Council Public Hearing; 6) City Council Action on Claim; 7) Processing Fee; and 8) Effective Date. The City Attorney has reviewed the proposed Ordinance. The City is holding this single public hearing to consider the new ordinance. The ordinance is intended to provide structure for local implementation of the Ballot Measure and to compensate City staff whose time will be given to process new claims. An emergency exists due to the passage of Measure 37 at the General Election on November 2, 2004, with an effective date 30 days. The emergency exists for the preservation of the public health, welfare and safety. This Ordinance shall become effective immediately upon its passage by the City Council. There was discussion of the types of claims that could come before the City Council. Mr. Humphrey explained the steps for processing a claim. The Council suggested a clarification on page 3 of the Ordinance to clarify claims in writing to the City Administrator. Mayor Williams opened the Public Hearing. There were no comments. Mayor Williams closed the Public Hearing. Kay Harrison made a motion to approve Ordinance 1854, An Ordinance Concerning Real Property compensation; Creating Section 17.89 of CPMC; Adopting Procedures for Processing Claims; and Declaring an Emergency with recommended changes. Mike Quilty 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. Resolution No. 1041, A Resolution Amending the Central Point Planning Department Fee Schedule Mr. Humphrey explained that in order to process claims for Measure 37, a processing fee must be in place. The proposed resolution will amend the Planning Department Fee schedule by adding a fee of $250.00 for Ballot Measure 37 claims stating that any additional fees incurred by City Staff will be added. Mike Quilty made a motion to approve Resolution 1041, A Resolution Amending the Central Point Planning Department Fee Schedule. Nate Banry seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. D. Resolution No. 1042, A Resolution Declaring the Annexation of 8.74 Acres of Land Located on the East Side of Gebhard Road, and North of Beebe Road into the City of Central Point (Applicant: Artner Investment Properties, LLC (37 2W 02AA TL 2800)) City of Central Point City Council Minutes December 9, 2004 Page 4 Mr. Humphrey stated that this project consists of the annexation of approximately 8.74 ^ acres located on the east side of Gebhard Road and north of Beebe Road. The applicant has submitted a draft site plan to illustrate how he intends to develop the property once annexed to the City. The owner and applicant are represented by Cael Neathamer. A Coordinated `master plan' has been devised for the development. The annexation will be followed by a comp plan amendment, zone change and subdivision. The annexation request meets all criteria needed for approval. Public Works has reviewed the existing public facilities and their proximity to the annexation area and concluded that public facilities made necessary by development of the annexation area will be the responsibility of the developers and regulated through the City's land use application process. This will result in an orderly provision of public facilities to the annexation area. Mike Quilty made a motion to approve Resolution No. 1042, A Resolution Declaring the Annexation of 8.74 Acres of Land Located on the East Side of Gebhard Road, and North of Beebe Road into the City fo Central Point (Applicant: Artner Investment Properties, LLC (37 2W 02AA TL 2800)). Donna Higginbotham seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. E. Resolution No. 1043, A Resolution Declaring the Annexation of 20.14 Acres of Land Located on the East Side of Gebhard Road, and North of Beebe Road into the City of Central Point, Oregon (Applicants: Duncan Development, Inc. (37 2W 02A TL 2700 8 2701)) Mr. Humphrey stated that the project consists of the annexation of approximately 20.14 acres located on the east side of Gebhard Road and north of Beebe Road. The applicant has submitted a draft site plan to illustrate how he intends to develop the property once annexed. The owner and applicant are represented by Tony Weller. A coordinated 'master plan' has been devised for the development. Annexation will be followed by comp plan amendment, zone change and subdivision. The annexation request meets all criteria needed for approval. Public Works has reviewed the existing public facilities and their proximity to the annexation area and concluded that public facilities can be provided or extended to the site. Any future enhancements of these facilities made necessary by development of the annexation area will be the responsibility of the developers and regulated through the City's land use applications process. This will result in an orderly provision of public facilities to the annexation area. Nate Banry made a motion to approve Resolution No. 1043, A Resolution Declaring the Annexation of 20.14 Acres of Land Located on the East Side of Gebhard Road, and North of Beebe Road into the City of Central Point, Oregon (Applicants: Duncan Development, Inc. (37 2W 02A TL 2700 8 2701)) Mike Quilty seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. Ciry of Central Point City Council Minutes December 9, 2004 Page 5 tX. BUSINESS A. Planning Commission Report Community Development Director Tom Humphrey presented the Planning Commission Report for December 7, 2004. A. The commission approved a final development plan and tentative subdivision for the second and third phases of a residential development known as the Daisy Creek Village PUD, consisting of 36 units. The subject property is located on the northwest corner of Haskell and Ash Streets in the TOD-Corridor, MMR, Medium Mix Residential zoning district. The development includes private streets with primary access from Haskell and Ash Streets. Common open space, guest parking and a tot lot are part of the overall development. The Commission determined that the conditions they imposed at the preliminary plan stage had been met for the development. The only changes that the applicant proposed were to reorient the building foot prints and architecture and to continue a six foot high fence along Haskell and Ash Streets to ensure better back yard privacy for approximately 17 lots. B. The Commission approved a final development plan and tentative subdivision known as Pittview Village PUD, consisting of 10 units. The subject property is located north of Pittview Avenue and east of Shayla Lane in the R-1-6, zoning district. The development proposes a private street with primary access from Pittview Avenue. Two lots are dedicated to open space and guest parking will be limited to each new tax lot. The Commission determined that the conditions they imposed at the preliminary plan stage were met for the development. The applicant asked that the length of the street improvements along Pittview Avenue be reconsidered and was directed to take the matter up with the Public Works Department and the City Council (if necessary). CC&R's still need to be submitted to the Planning Department before a final plat can be signed. Under Miscellaneous business, the Commission assigned resolution numbers to previously approved final development plans to keep the City's records straight. Commissioners were also made aware of the Measure 37 Claims Processing Ordinance being considered by the Council as well as the status of the Regional Problem Solving process. The four-year terms of two Commissioners expire at the end of the year. Paul Lunte informed staff that he did not wish to be reappointed. Don Foster is being scheduled for an interview and Chuck Piland will meet with staff to discuss the selection of a new Planning Commission Chair. The January meeting was scheduled for the third Tuesday, January 18, 2005. Council is concerned with the amount of PUD's being approved in Central Point. Mr. Humphrey stated that the Council could have a study session to discuss this issue. Mike Quilty made a motion to approve the Planning Commission Report for December 7, 2004, as presented. Kay Harrison seconded. Roll call: Nate Banry, yes; Dick Ciry of Central Point City Council Minutes December 9, 2004 Page 6 Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. B. Local Improvement District Update Finance Director Jill Turner explained that the residents of "The Meadows" have petitioned the City to form a Local Improvement District (LID) to put in a public water system. The current water system is privately owned and maintained and has slowly degraded over the years. The Meadows would like the city to take ownership of the water system. In order for the City to take ownership, the water system must first be brought up to City standards. An LID is recommended to construct the improvements. This will be the first LID the City has initiated in twenty years. In order to initiate a LID, at least fifty percent of the land owners must sign a petition in favor of the formation. The City received a letter on 11 /10/04 with 195 of the 266 (73%) residents in favor of the action. When reviewing the application the City found out that our Ordinances for creating an LID are outdated and do not match current ORS. Staff is in the process of re-writing the Ordinance and will present to City Council in January. After the Code has been updated the City will proceed with a public hearing and begin the process for the LID. No action is requested at this time. X. MAYOR'S REPORT Mayor Williams reported that: the RPS process has been put on hold due to Measure 37. he attended a Mayor's luncheon and discussed Legislative Session issues. XI. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: he will be attending a Management Retreat with City Department Directors on December 16, 2004. there will be an all employee meeting on December 15, 2004. he is planning on the Council Retreat for February 5, 2005. XII. COUNCIL REPORTS Nate Banry reported that he attended the athletic committee meeting at School District 6. They want to work with the City on use of parks and gyms. Bill Stults reported that he feels good about his replacement Becca Croft. It has been a pleasure and educational experience working on the Council. He is concerned about the City of Central Point City Council Minutes December 9, 2004 Page 7 parking at the Flag Department and the businesses along that section of Pine Street. He hopes that staff and the business owners can work the issues out. He would like to continue to serve on various committees for the City. Mike Quilty reported that he attended a West Coast Corridor Meeting. Donna Higginbotham stated that she is officially resigning from the Council for personal reasons. She has enjoyed her time, but other obligations have come forward that need her attention. XIII. DEPARTMENT REPORTS Finance Director Jill Turner reported that: the department has been doing some rearranging in preparation of two new staff members. they have been working with new software. Community Development Director Tom Humphrey reported that: • he attended a JJTC meeting where they discussed enhancement issues. • has been attending meeting with the Southern Pacific Rail Road to discuss the new crossing. • Staff has been working with Mr. Pfaff and explained the planning process for downtown and tried to work out a solution to the parking situation. Building Official Lois DeBenedetti reported that: she will bring forward a resolution to lien the property at 255 6th Street for clean up of trash and debris. Public Works Director Bob Pierce reported that: • staff has been working on the plans for the Skate Park. They have had to adjust the size of the park and working with the State on the size. TODD Construction has been asked to do a design build plan. • Forrest Glenn Park Bridge should be installed after the first of the year. • the irrigation system has been installed at Don Jones Park and should be able to hydro-seed after the first of the year. • the play structure for Summerfield Park will be installed when there is a break in the weather. • the City is ready in case of a flood, there are bags and piles of sand at the shops available for citizens. • Matt Samitore has been hired as the new Engineer Tech II, Development Services Coordinator for Public Works. 1 City of Central Point City Council Minutes December 9, 2004 Page 8 Parks and Recreation Director Katherine Boxer reported that: she is excited to be part of our team and has received lots of support from staff. she has been busy reviewing past programs Parks and Recreation Staff members Shelly Brown and Charlene Westin have done a wonderful job of keeping the department up and running during the transition. XIV. SPECIAL RECOGNITION Mayor Williams presented a plaque to Donna Higginbotham for her devotion to the City as Council Member. Mayor Williams presented a plaque to Bill Stults for his service as Council Member for Central Point. XV. ADJOURNMENT Bill Stults moved to adjourn, Kay Harrison seconded, all said "aye" and the Council Meeting was adjourned at 9:05 p.m. The foregoing minutes of the December 9, 2004, Council meeting were approved by the City Council at its meeting of January 14, 2005. Dated: / ~ ~ejs- ~ Mayor Hank Williams A City Recorder 1