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HomeMy WebLinkAboutCM092508CITY OF CENTRAL POINT City Council Meeting, Minutes September 25, 2008 I. REGULAR MEETING. CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III,. ROLL. CgLL: Mayor: Hank Williams Council Members: Bruce Dingler, Dick Halley, Kay Harrison, Walter Moczygemba, Mike Quilty, and Matthew Stephenson were present. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Police Chief Jon Zeliff; Community Development Director Tom Humphrey; Deputy Public Works Director, Chris Clayton; Parks and Recreation Manager, Matt Samitore; Parks and Recreation Coordinator, Jennifer Boardman; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES & PRESENTATIONS Parks and Recreation Coordinator Jennifer Boardman introduced Christoph Buchler, Director for the Art and Science Camp. They presented a paper mache snake the children made as a joint project for the 2008 camp. Ms. Boardman presented a slide show of the camp and explained the events that happened over the week. Gene Skelton, Citizen Mr. Skelton stated that after all the bills were paid they were able to provide $7,586 for the D.A.R.E. Program in Central Point. V. CONSENT AGENDA A. Approval of September 11, 2008, City Council Minutes. B. Approval of Partial Closure of 3`~ Street for Mural Dedication C. Approval of bid for Don Jones Memorial Park Restrooms There was some discussion regarding. the increase in bids for the restrooms. Matt Stephenson made a motion to approve the Consent Agenda as presented. Kay Harrison seconded. Roll call: Bruce Dingler, yes; Dick Halley, yes; Kay Harrison, yes; Walter Moczygemba, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA -None City of Central Point Council Minutes September 25, 2008 Page 2 VI1. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing - Resolution No. 1191, Deed of Conservation Easement between Twin Creeks Development and Southern Oregon Land Conservancy (This item was published as a public hearing on the agenda. It is not a public hearing item.) Community Development Director Tom Humphrey stated that the proposed resolution is acknowledging that the Council intends to accept the open space easements in Twin Creeks. The Southern Oregon Land Conservancy will enter into an agreement with Twin Creeks regarding the care of a Conservation Easement to monitor and protect land designated for open space and riparian habitat. The Southern Oregon Land Conservancy is anon-profit, non-partisan land conservancy dedicated to preserving Southem Oregon's agricultural, forest, riparian and scenic lands. The Jackson Creek and Griffin Creek channels that run through the Twin Creeks development possess natural, scenic, habit and open space values that the participants in the Conservation Easement would like to preserve. Staff is asking Council to approve the Resolution acknowledging the City's intent to accept a property transfer and the terms and conditions of the Conservation Easement that will go along with the transfer. There was discussion regarding the amount of time and care staff will be required to spend on these easements. It was pointed out that these are mostly natural open space and will require little maintenance. There was also discussion regarding flood issues. Kay Harrison made a motion to Approve Resolution No. 1191, Acknowledging the City's Intent to Accept a Property Transfer from Twin Creeks Development LLC with the Terms and Conditions of the Southern Oregon Land Conservancy Easement Agreement that is Associated with the Property Transfer. Walter Moczygemba seconded. Roll call: Bruce Dingier, yes; Dick Halley, yes; Kay Harrison, yes; Walter Moczygemba, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. B. Second Reading, Ordinance No. 1919, An Ordinance Amending the City of Central Point Comprehensive Plan to Update the Buildable Lands Inventory Mr. Humphrey stated that this is the second reading of an Ordinance updating the Central Point Comprehensive Plan Buildable Lands Inventory. There were no recommended changes at the first reading. The only change to the document was the format. Clty of Central Potnt Cou22ci1 Minutes September 25, 2008 Page 3 Matt Stephenson made a motion to approve Ordinance 1919, An Ordinance Amending the City of Central Point Comprehensive Plan to Update the Buildable Lands Inventory. Bruce Dingier seconded. Roll call: Bruce Dingler, yes; Dick Halley, yes; Kay Harrison, yes; Walter Moczygemba, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. C. Public Hearing/First Reading - An Ordinance Approving Vacation of a Portion of Ash Street Right-0f-Way Located Between Freeman Road and South Seventh Street Mr. Humphrey explained that this is a public hearing to determine the vacation of 12 feet on each side of a section of Ash Street between Freeman Road and South Seventh Street. On July 10, 2008, agent for the property owners Herb Farber asked the Council to begin the process for vacation of this section. At that time the Council recommended that Staff return with more information. At the July 24, 2008 Council meeting .they passed Resolution 1186 initiating proceedings to vacate after the issue was presented to the Planning Commission. The Planning Commission approved a resolution stating. that no evidence offered had convinced them there would be a substantial economic impact as a result of the Vacation. In preparing for this action staff has come to realize that under current conditions most of the residential units along the proposed vacation are non-conforming relative to the front yard setback. If something were to happen to one of those homes they would need to come before the city to receive a variance to rebuild the home. There was discussion of variance options and minimum density requirements for the R-1-6 zone. There was discussion about vacating the entire street or other areas in the City that have this large of street right-of-way. It was pointed out this would be a huge undertaking, and more than likely most citizens would be against such an action. It was stated that most of the non-residents were in favor of the vacation but the residents that live along this section of Ash Street are against the action. City Attorney Doug Engle stated that there is no pressure on the Council to vacate this property. The property belongs to the City and it is the responsibility of the Council to do what is in the best interest of the City. Mayor Williams Opened the Public Hearing Herb Farber, Agent Mr. Farber stated that the street in question was dedicated to the City in 1889. There have been other streets in the City that have vacated in similar situations. There is no potential of that section of Ash Street to get wider. The 12 feet on either side will potentially never be needed by the city. The County Assessor's office has sent proof that there will not be a market value impact to the property owners. The applicants want to build a single family home on the back side of this lot. The home will take access from Cedar Street. There will be little impact City of Central Point Council Minutes September 25, 2008 Page 4 to the surrounding neighbors. He does not feel that a variance would be approved by City staff. Brian and Lisa Herrmann -Property Owners Mr. and Mrs. Herrmann stated that they have taken the time to visit the neighbors and explain their plans for the property. None of them have voiced concerns until the public hearings. Most- of the neighbors on Chestnut are in favor of the construction. They have made several improvements to the house. This is an investment property. Betty Skelton, Ash Street owner/resident Mrs. Skelton asked for clarification on a few items in the Staff report. She stated that she is against the vacation because she is afraid when the property is reassessed the taxes will increase. David Brown, Ash Street owner/resident Mr. Brown is against the vacation due to possible property tax- increase. He does not feel that the Council should take into consideration the wishes of property owners on Chestnut Street. It is not their property that will be affected. If this vacation is approved the Council will be playing favoritism to one property owner against the wishes of several. Gene Skelton, Ash Street owner/resident Mr. Skelton is against the vacation for the same reasons as the others, property tax increase. The Ordinances and Plats were created for a reason. They should not be changed because one property owner wants financial gain. He also feels that the concerns of the owners on Chestnut Street should be considered. He explained that five of the homes on Ash Street have renters and three properties are empty. Doris Brown, -Ash Street owner/resident Mrs. Brown is the owner of the adjacent property. The Herrmanns did not talk with them about any of their plans. She is against the vacation because of the potential increase in taxes. Pansy and Joseph Hasler, Ash Street owner/resident The Haslers are against the vacation due to the possible increase in taxes. They do not wish to gain 12 feet of Right-of-Way. Chestnut owners should not be considered in the matter. Mayor Williams closed the public hearing. There was discussion that there is no proof that the property taxes will or will not increase. They do not feel there is a compelling reason to vacate this property. They do realize that there would not be a market value increase to the properties on Ash Street at this time. They discussed the fact that the property was purchased with the current zoning. and right-of-way. City of Central Point Council Minutes September 25, 2008 Page 5 Matt Stephenson made a motion to move to second reading An Ordinance Approving Vacation of a Portion of Ash Street Right-of-llVay Located Between Freeman Road and South Seventh Street Kay Harrison seconded. Roll call: Bruce Dingier, no; Dick Halley, no; Kay Harrison, no; ' Walter Moczygemba, no; Mike Quilty, no; and Matt Stephenson, no. Motion failed. D. Resolution No. 1192, A Resolution to Initiate an Amendment to Section 17.48.040 to Allow Membership Warehouse Retail as a Conditional Use Within the M-1 Industrial Zoning District. Mr. Humphrey stated that the City has been asked to consider allowing membership warehouse retail clubs as a conditional use within the M-1 zone. Membership warehouse clubs are large format and stand alone retail stores such as Sam's Club and Costco. Only members are allowed to shop there. The CAC and Planning Commission have both conducted meetings and discussed the recommendation to amendment Section 17.48.040 to allow membership warehouse retail as a conditional use within the M-1 Industrial District. Planning. Commissioners expressed concerns about traffic and whether this potential use would be in the community's best interest. The CAC recommended that the amendment be as a conditional use. Staff is asking for a resolution of intent in order to begin the process of amending the code. Walter Moczygemba made a motion to Approve Resolution No. 1192, A Resolution to Initiate an Amendment to Section 17.48.040 to Allow Membership Warehouse Retail as a Conditional Use Within the M-1 Industrial Zoning District. Dick Halley seconded. Roll call: Bruce Dingier, yes; Dick Halley, yes; Kay Harrison, yes; Walter Moczygemba, yes; Mike Quilty, yes; and Matt Stephenson; yes. Motion approved. VIII. BUSINESS A. Council Discussion Regarding Jackson County Enterprise Zone Mr. Humphrey stated that Southern Oregon Regional Economic Development Inc. would like Central Point to join with Jackson County and create an Enterprise zone in areas of Central Point. The County wants to expand their zone to include property in White City, Central Point and Ashland but each City must state that they are interested in being included. A decision not to be included at this time does not preclude the City's inclusion at a later date. If a business is planning construction and it is not. included in the current expansion they would not be eligible for tax incentive until the city does decide to participate and then only if the business expands. City Administrator Phil Messina stated that SOREDI did not include the City in discussions with FedEx regarding an enterprise zone. He is not sure this would be in the best interest of the city at this time. There has been a down turn in City of Central Point Council Minutes September 25, 2008 Page 6 building permits and it may not be a good idea to be offering tax incentives at this time.. There was a discussion about the possible loss of control for tax incentives and the enterprise zone area. They are not in favor of including the shovel ready site on Hamrick Road in an enterprise zone. They feel that SOREDI should have followed through with a previous request for Central Point to be included in an Enterprise Zone. llitatt Stephenson made a motion directing staff to bring back more information regarding an enterprise zone but not to be included at this time. Kay Harrison seconded. Roll call: Bruce Dingier, yes; Dick Halley, yes; Kay Harrison, yes; Walter Moczygemba, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. IX. COUNCIL BUSINESS There was discussion regarding Study Session dates and times. The Wednesday lunch hours are not working for most of the Council. It was decided to move the Study Sessions to the Second Tuesday of each month at 6:00 p.m. X. MAYOR'S REPORT Mayor Williams stated that he attended: • The RPS meeting. • A meeting with the County Commissioners regarding the Rail Crossing at Twin Creeks. • He attended the MicroVelum Grand Opening. • He attended the Study Session. • He attended the Big. Look Task Force meeting. XI. CITY A®AAINISTRATOR'S REPORT City Administrator Phil Messina reported that: • he will be attending. the League of Oregon Cities conference next week. • Our District City Hall day will be held in Rogue River on October 16"'. • He attended an ICMA conference last week. XII. COUNCIL REPORTS Council Member Dick Halley reported that he attended a Street Utility Fee Meeting. Council Member Kay Harrison reported that she attended: • the Study Session. • the Providence grand opening. • the Micro Velum grand opening. • the grand opening, for the new Greyhound terminal. City of Central Point Council Minutes September 25, 2008 Page 7 Council Member Walter Moczygemba reported that he attended the Medford food market meeting. He is concerned about the greenway crossing at Barnett Road. Council Member Mike Quilty reported that: • He attended the Jacksonville City Council meeting. to help them with RPS concerns. • He had an interview with the Mail Tribune regarding RPS. • He attended the Micro Velum grand opening. • He is working with RVCOG on alternative language for the RPS Agreement. • He attended a meeting on Street Utility Fees. • He attended the Big Look meeting. XIII. DEPARTIIAENT REPORTS Community Development Director Tom Humphrey reported that: • Today is his last day until he returns from deployment. He will be leaving in the morning to go to Portland. He stated that he enjoys working for the City and looks forward to returning. to his job in nine months. • He has been working with Deputy Public Works Director Chris Clayton who will be following up on the Rail Crossing project. • He has been working with staff on other projects to make sure they are followed up on. Public Works Director Bob Pierce reported that the redesign of Pine Street is complete. tt may take a little getting used to, but it seems to be flowing smoothly. Police Chief Jon Zeliff passed out invitations to the annual dinner for Children's Advocacy Center. XIV. EXECUTIVE SESSION -None XV. ADJOURNflAENT Mike Quilty moved to adjourn, Kay Harrison seconded, all said "aye" and the Council Meeting was adjourned at 9:46 p.m. The foregoing minutes of the September 25, 2008, Council meeting were approved by the City Council at its meeting of 9efabe3666-C~c- ~--.-- ~ob~ q4 aooe Dated: /b~~~~ Mayor Hank Williams ATT ST' ity Recorder