HomeMy WebLinkAboutCAP021419
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, February 14, 2019
Mayor
Hank Williams
Ward I
Neil Olsen
Ward II
Kelley Johnson
Ward III
Brandon Thueson
Ward IV
Taneea Browning
At Large
Rob Hernandez
At Large
Michael Parsons
At Large
Michael Parsons
Next Res (1566) Ord (2051)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
Annual Audit Presenrtation
V. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
VI. CONSENT AGENDA
A. Approval of January 24, 2019 City Council Minutes
B. Approval of OLCC Application for Oregon Highway Market
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
IX. ORDINANCES, AND RESOLUTIONS
A. Second Reading Ordinance No. _______, An Ordinance Amending in Part and
Repealing in Part the Central Point Municipal Code Sections 8.08.005 through
8.08.040 Weed Abatement (Dreyer)
B. Resolution No. ________, A Resolution Approving the Commercial Lease
Agreement for Skyrman Arboretum with D.I.R.T. and Authorizing the City
Manager to Execute Same (Samitore)
C. Resolution No. ________, A Resolution of the City of Central Point Setting a
Water Rate Adjustment Effective March 21, 2019 (Samitore)
D. Resolution No. ________, A Resolution Accepting the Lowest Responsible
Bidder for Phase 1 of the Laurel Street Waterline Project and Authorizing the City
Manager to Execute a Contract with West Coast Pipeline Inc. (Samitore)
X. BUSINESS
A. Planning Commission Report (Humphrey)
B. Rogue Valley Transit District request for revised bus stop - February Update
(Samitore)
XI. MAYOR'S REPORT
XII. CITY MANAGER'S REPORT
XIII. COUNCIL REPORTS
XIV. DEPARTMENT REPORTS
XV. EXECUTIVE SESSION
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XVI. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov.
Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por
favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, January 24, 2019
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Late 7:05 AM
Kelley Johnson Ward II Present
Brandon Thueson Ward III Excused
Taneea Browning Ward IV Excused
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff present: City Manager Chris Clayton; Police Chief Kris Allison; Captain Dave Croft;
City Attorney Sydnee Dreyer; Parks and Public Works Director Matt Samitore;
Community Development Director Tom Humphrey and City Recorder Deanna Casey.
IV. SPECIAL PRESENTATIONS
1. Police Department Special Recognition
Lieutenant Scott Logue provided back ground for an incident regarding a 911 call
about a dog attack. After the quick reaction of an 11 year old who called 911 about a
dog attacking her Aunt. Officer Brian Munoz entered the residence where a pit bull
was attached to a ladies left arm and would not release. Officer Munoz discharged
his fire arm euthanizing the animal to get the lady free. The victim is alive today
because of the quick response and action taken by Officer Munoz.
Police Chief Kris Allison presented a Letter of Recognition for Saving the Life of a
Central Point Citizen.
Nicole Wise was presented with a plaque and letter of Recognition for Brave Actions
taken under extreme circumstances that saved a life.
Diana Sanders was presented with a Letter of Courage and Strength.
Dave croft stated that our officers are professional under pressure and he is very
proud of the job they did in saving a life. He presented a letters of commendation to
Lt. Logue and Officer Joe Vargas in recognition of performance under extreme stress
and saving a life.
6.A
Packet Pg. 3 Minutes Acceptance: Minutes of Jan 24, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 24, 2019
Page 2
V. PUBLIC COMMENTS
VI. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
EXCUSED: Brandon Thueson, Taneea Browning
A. Approval of January 10, 2019 City Council Minutes
B. Approval of Arbor Week Proclamation
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING
IX. ORDINANCES, AND RESOLUTIONS
A. Resolution No. _______, Approving Purchase & Sale Agreement - Snowy Butte
Station Property
Parks and Public Works Director Matt Samitore explained that the City has been
looking at various properties in Central Point that would be compatible for a Public
Works Corporation Yard. Staff met with Daniel Bunn of Investors II, LLC about the
potential purchase of five acres located on South Haskell. The property is zoned M-1
(light industrial) and has a TOD Corridor zoning of TOD-GC (general commercial).
The M-1 zoning would be a perfect match for the construction of a corporation yard,
and the remaining four lots could be planned for commercial/industrial or mixed use
providing a buffer for the residences located to the west.
On January 10, 2019 council directed staff to negotiate the terms of purchase. Staff
recommends a formal offer be made subject to budget approval in the 2019-2021
budget cycle. City staff is seeking approval of an offer to purchase the property and
recommends adoption of the proposed resolution and purchase and sale agreement.
There was discussion that the property would need site plan approval and a master
plan amendment before construction could begin. There are other zone amendment
requests in Snowy Butte Station that would be done at the same time. The site plan
would include options for building commercial or mixed uses which would be
marketed back to the public for sale.
Council is in favor of the corporation yard being within the city limits and recouping
some of the cost by resale of the extra land at a later day. There was discussion
about the environmental assessment. A Phase 1 assessment was done several
years ago and there were only concerns if the property were zoned for residential
use.
6.A
Packet Pg. 4 Minutes Acceptance: Minutes of Jan 24, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 24, 2019
Page 3
City Manager Chris Clayton explained that the property is not currently in the Urban
Renewal Zone but we could make an amendment to the boundary if necessary, this
does not preclude the UR District from helping with the purchase or construction.
The seller of the property is aware of the restrictions and is agreeable to the long
escrow and conditions of purchase. A current version of the agreement was handed
out to the Council members prior to the meeting.
Rob Hernandez moved to approve Resolution No. 1564, A Resolution
Approving an offer to purchase real property located at South Haskell, Central
Point, Jackson County Assessor’s Map No. 372W10AD Tax Lots 700 and 798,
and recommending Adoption of a Purchase and Sale Agreement for such real
property.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
EXCUSED: Brandon Thueson, Taneea Browning
B. Ordinance No. ______, An Ordinance Amending in Part and Repealing in Part
Weed Abatement Code
City Attorney Sydee Dreyer explained that there were a few changes made to the
proposed ordinance after the agenda was prepared. Those changes will be
incorporated before the second reading. Staff was asked to make revisions to our
code to ensure it provides us with sufficient tools to deal with urban fire danger. The
revised ordinance creates a designated fire season to more easily inform city
residents of when the fire restrictions automatically go into place; the code will allow
the fire marshal to specifically identify fire hazards outside the fire season and notify
owners of the same; the revisions clarify and streamline the notification and violation
process. Owners of lots larger than one acre are subject to additional abatement
requirements, as well as fire breaks for properties abutting subdivisions.
The changes to the ordinance are intended to apply to property that is not
maintained, the new wording adds standards for larger lots that were not
distinguished before. Instead of two hearings in front of the Council there will only be
one. The City Manager has the ability to make adjustments for hardship cases.
There was discussion regarding which properties in town would be subject to the
new rules. Mr. Clayton stated that he would send a map to the Council members the
next day with the properties highlighted. Back yards are on a complaint basis. Staff
members are always on the lookout for potential issues so they can get taken care of
before a problem exists.
These new rules may not have prevented the Penninger Fire but it could prevent
future issues. The City and the Greenway need to do their part in keeping property
maintained. The Police Department does sweeps regularly to discourage camping
along the greenway.
6.A
Packet Pg. 5 Minutes Acceptance: Minutes of Jan 24, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 24, 2019
Page 4
Mike Parsons moved to second reading An Ordinance Amending in Part and
Repealing In Part the Central Point Municipal Code Sections 8.08.010 Through
8.08.040 Regarding Weed Abatement.
RESULT: 1ST READING [UNANIMOUS]
Next: 2/14/2019 7:00 PM
MOVER: Michael Parsons, At Large
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
EXCUSED: Brandon Thueson, Taneea Browning
C. Resolution No. _________, Authorizing Cooperative Agreement Water Rights
IGA
City Manager Chris Clayton explained that over the past several months the “other
cities” water workgroup has been developing a cooperative agreement regarding
water right strategy for our area. The participating agencies are in agreement on the
need to develop a strategy for regional water rights.
The benefit of developing a regional water right strategy is to maximize the currently
owned water rights for each jurisdiction and collectively acquire future water rights
based on the needs of the region versus the individual needs of each jurisdiction.
Accomplishing these objectives will minimize the ultimate cost to regional ratepayers,
and ensure that necessary, regional, water rights are secured for the foreseeable
future.
The proposed IGA commits all participating agencies to working with a water rights
consultant (GSI) to develop a regional strategy. It does not commit any of the
agencies to the implementation of the recommendations. An additional process with
each jurisdiction will provide options for implementation.
Mayor Williams explained that in the past the Medford Water Commission had
required cities to purchase water rights without an actual plan for implementing the
use of the rights. There are several cities that have rights that they would never need
to use. He is in support of this IGA and ensuring that the entire region is taken care
of, not just specific cities.
Rob Hernandez moved to approve Resolution 1565 Authorizing the City
Manager to Execute a Cooperative Agreement for Developing a Water Right
Strategy for Success to Water Among Medford Water Commission, and the
Cities of Ashland, Central Point, Eagle Point, Jacksonville, Phoenix and Talent.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
EXCUSED: Brandon Thueson, Taneea Browning
6.A
Packet Pg. 6 Minutes Acceptance: Minutes of Jan 24, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 24, 2019
Page 5
X. BUSINESS
A. Illicit Discharge Ordinance Changes
Parks and Public Works Director Matt Samitore explained that the city will be
applying for its own MS4 Phase II Permit through DEQ removing that responsibility
from RVSS and the city will be responsible for implementing and enforcement of the
Storm Drain program. The city is expected to take over the Permit program in March
and the new permit has very prescriptive requirements about ordinance and
regulatory mechanisms and how they need to be in place by a particular time. Our
code does not currently meet the criteria required by DEQ.
Staff will be bringing a revised Ordinance to the Council for approval. The new permit
is very specific in the way it was written so that there isn’t much leeway in deviating
from the program. This ordinance is very comprehensive and follows the Illicit
Discharge and Detection and Elimination guidelines needed to enforce the program.
The new ordinance will not have any more restrictions for current businesses or
home owners. Most of the changes will be for new construction. We will be working
with the public to get word out to help enforce clean streams and alerting home
owners what should not be going in the storm drains.
RESULT: FOR DISCUSSION ONLY
B. Water Rate Adjustment 2019
Mr. Samitore explained that the Medford Water Commission (MWC) recently
completed an annual rate review and determined that the “other cities” water rate
category should be increased by 8% beginning March 1, 2019. This adjustment
equates to an additional $57,000 in estimated cost for the purchase of bulk water for
2019.
The City’s long-term rate plan indicates we would not need to increase rates this
year. However, if we continue to absorb the MWC increases we will need to do a
large increase to our customers next year. In the past the Council has favored small
increases annually when needed rather than large ones every few years. Staff
recommends a 3% overall rate increase for the 2019-2020 budget year.
Staff has developed three options for the council:
1) Increase the base rate by 3% with would be an additional $0.75 per month.
2) Increase the Tier Rates by 3%.
3) 50\50 split between the base rate and tier rates.
The Finance Director likes to see the increase on the base rate because it takes
away the seasonal variation for budgetary reasons; people on a fixed income usually
favor increase on the base rate so that they know what their bill will be each month.
However, if we increase the tiers people tend to conserve water.
The majority of the Council members favored Option 3. Staff will prepare a
Resolution adjusting rates according option 3. There was discussion regarding the
availability of reduced rates for hardship cases. There is information on our website
6.A
Packet Pg. 7 Minutes Acceptance: Minutes of Jan 24, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 24, 2019
Page 6
and we have posted these options in the Newsletter.
RESULT: FOR DISCUSSION ONLY
XI. MAYOR'S REPORT
Mayor Williams reported that he attended:
the Study Session.
a Medford Water Commission meeting.
the Fair Board meeting. There are changes this year regarding the Rodeo, the sponsor
dinner will be on Thursday night prior to the Rodeo; Saturday will be special recognition
of a disabled veteran. There are also changes coming to the Red, White and Boom and
who will be in charge of the event moving forward.
XII. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
He received a draft of the survey results. Over 1000 people have completed the survey,
and we are still in the process of doing phone surveys.
Council member Rob Hernandez, Public Works Director Matt Samitore and him met with
School District 6 Superintendent where they talked about the school bond, and
Community Center.
Pear Valley Assisted Living has received their approval by the State of Oregon and
should be moving in residents very soon.
Next Wednesday morning is the Employee Awards Breakfast. Council members are
invited to attend.
The Central Point Chamber Greeters will be in the City Hall Chambers on February 19th
at 8:30. All the Council Members are invited to attend.
There was an interesting PERS article in the Oregonian last week. He will send a link to
the article in his Friday report.
We will send notice to the County that we are no longer interested in the airport property
for our Public Works corporation yard.
There are still two vacancies on the Citizens Advisory Committee. He would like to
recommend Carrie Reed who was an applicant for the vacant Council Position in 2018.
Mrs. Reed has interviewed with the City Manager, Mayor, and Community Development
Director. She is very interested in serving her community. He would like a motion tonight
to appoint Carrie Reed to the CAC.
Mike Parsons moved to Appoint Carrie Reed to the Citizens Advisory Committee.
A. Motion to: Motion
6.A
Packet Pg. 8 Minutes Acceptance: Minutes of Jan 24, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 24, 2019
Page 7
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
EXCUSED: Brandon Thueson, Taneea Browning
XIII. COUNCIL REPORTS
Council Member Kelley Johnson reported that she attended the Study Session and will
be attending the Airport Advisory Committee next week.
Council Member Rob Hernandez reported that he attended the meeting with Mr. Clayton
and Mr. Samitore at the School District. It was good to talk with the School District about
their proposed Bond and the possibility of sharing rooms and the use of gyms for Parks
and Rec Classes.
Council Member Mike Parsons reported that he attended the Jackson County Chamber
Luncheon; the CAC meeting and the Parks Foundation meeting.
XIV. DEPARTMENT REPORTS
Police Chief Kris Alison played the Police Department YouTube Traffic Safety First
Video for the Council. They post a new one on Social Media every month.
Parks and Public Works Director Matt Samitore reported that:
He spoke with a representative from TY LN about the Twin Creeks Rail Crossing.
Staff is trying to provide options in order to get the project done.
He had a meeting with the School District, the Housing Authority, and Fire District
about Fire District project for a new station on Scenic. Some concerns have come up
on their project in regards to SDC improvements.
XV. EXECUTIVE SESSION
XVI. ADJOURNMENT
Neil Olsen moved to Adjourn, Kelley Johnson seconded. All said aye and the
meeting was adjourned at 8:42 p.m.
The foregoing minutes of the January 24, 2019, Council meeting were approved by the City
Council at its meeting of February 14, 2019.
Dated: _________________________
Mayor Hank Williams
6.A
Packet Pg. 9 Minutes Acceptance: Minutes of Jan 24, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 24, 2019
Page 8
ATTEST:
__________________________
City Recorder
6.A
Packet Pg. 10 Minutes Acceptance: Minutes of Jan 24, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: February 14, 2019
SUBJECT: Approval of OLCC Application for Oregon Highway Market
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
The City has received an OLCC Application for a new business for Oregon Highway Market.
This will be located at 357 South Front Street. The Police Department has conducted a
background check on the persons associated with the application and found no pertinent
information.
ATTACHMENTS:
1. OLCC Oregon Hwy Market
6.B
Packet Pg. 11
155 South Second Street . Central Point, OR 97502 Kristine AIIison¿)--
ütN ili¡At
o L'
PC)rw.f
Ph: (541) 664-5578 . Fax: (541) 664-2705. www.centralpointoregon.gov
Date: 0113012019
From: Chief Kristine AllisonTo: Honorable Mayor V/illiams
Subject: Request for OLCC License
RE: S & S Company LLC. DBA; Oregon Highway Markel Persons associated therewith
Files of the Central Point Police Department contain no information pertinent to the
request.
(-
Kristine Allison
Central Point Police Department
Chieî
" 2u/rotu/ 6 ,9"ruat, Coaa,'ttu/ 6 f*u//uto""
6.B.a
Packet Pg. 12 Attachment: OLCC Oregon Hwy Market (1094 : OLCC Application - Oregon Hwy Market)
OREGON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATION
1. Application. Do not include any OLCCfees with your application packet (the license fee will be collected at a later
time). Application is being made for
2. ldentify the applicant(s) applying for the license(s). ENTIry (example: corporation or LLC) or INDIVIDUAL(S) applying
for the license(s):
9 4 s Cornr)LLE
(Applicant #1)(Applicant #2)
License Applied For:CITY AND COUNTY USE ONLY
Date application received:
Name of City or County
Recommends this license be:
n Granted n Denied
By:
Date
¡ Brewery 1't Location
! Brewery 2nd Location
tr Brewery 3'd Location
tr Brewery-Public House 1't location
n Brewery-Public House 2nd location
n Brewery-Public House 3'd location
! Distillery
n Full On-Premises, Commercial
tr Full On-Premises, Caterer
n Full On-Premises, Passenger Carrier
n Full On-Premises, Other Public Location
tr Full On-Premises, For Profit Private Club
n Full On-Premises, Nonprofit Private Club
n Grower Sales Privilege 1't location
n Grower Sales Privilege 2nd location
n Grower Sales Privilege 3'd location OLCC USE ONLY
Date application received
By:
Date application acc d complete:
By:
License Action(s): n /n
in itia
! Limited On-Premises
ñ- Off-Premises
tr Off-Premises with Fuel Pumps
n Warehouse
¡ Wholesale Malt Beverage & Wine
! Winery L't Location
n Winery 2nd Location
n Winery 3'd Location
(Applicant #3)(Applicant #4)
OLCC USE ONLY OLCC FINANCIAL SERVICES USE ONLY
OLCC Liquor License Appl¡cation (Rev 10/2018)
6.B.a
Packet Pg. 13 Attachment: OLCC Oregon Hwy Market (1094 : OLCC Application - Oregon Hwy Market)
OREGON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE AP PLICATION
3. Applicant #1
9gs c*rnq",\) L t- ¿
Applica nt #2
Applicant #3 Applicant #4
4. Trade Name of the Business (Name Customers Will See)
?RE v aN ,4ru /+w .a y nftR K E-r
5. Business Address (Number and Street Address of the Location that will have the liquor license)3f7 5out-h r.flY+ e.t
citY (eniy<,L p,>inf Cou nty
I q c.<J:^\Zip Code
Q)çoz
6. Does the business address currently have an OLCC liquor license? L_J y¡s lði¡lO
7. Does the business address currently have an OLCC marijuana license?YES NO
8. Mailing Address/PO Box, Numb er, Street, Rural Route (where the OLCC willsend yoLrr mail)
22-t48 Beat¿ lsn,e Czk¿ r.¿l Po,h* oL , 7V r z
City cÊ/1+ {al p.otY1/State 0/\Zip Code
1) ç"2
9, Phone Number of the Business Locationf7o^ß¿Q-â/16 Email Contact for this Application
Contact Person for this Application
S uru'l l aatnl
Phone Number
5eô-867-3tf(r
Mailing Address
e_> t'lg p u_,an(. La.7t ,¿.
City
Ccdy'tc¿"(
State
o{
Zip Code
Vl rz z
I understand that marijuana (such as use, consumption, ingestion, inhalation, samples, give-away, sale, etc.) is
prohibited on the licensed premises.
I attest that all answers on all forms, documents, and information provided to the OLCC are true and complete
Applicant Sisnature(s)
o Each individualperson listed as an applicant must sign the application.. lf an applicant is an entity, such as a corporation or LLC, at least one person who is authorized to sign forthe entity
must sign the application.. A person with the authority to sign on behalf of the applicant (such as the applicant's attorney or a person with
power of attorney) may sign the application. lf a person other than an applicant signs the application, please
provide proof of signature authority.
(Applica nt# 1)(Applica nt #2)
(Applicant#3)(Applicant #4)
OLCC Liquor License App¡ication (Rev 10/2018)
6.B.a
Packet Pg. 14 Attachment: OLCC Oregon Hwy Market (1094 : OLCC Application - Oregon Hwy Market)
OREGON LIQUOR CONTROL COMMISSION
LIMITED LIABILITY COMPANY QUESTIONNAIRE
Please Print or Type
LLCName. ç 8 S C*rnPqn
L2^61#3-q,Y
lL _ lt t7
Year Filed ¡loV un'bûL 1Å L
{tLL'
Trade Name (dba)O R e L:Z o¡l /l+ iÒ1 ilw,+ y lnfi pL<ET
Business Location Address: 3S-V gúLt'l-4 trr'n+ 5,t
City:Crnf-t"¿ P*h-f oR ,ZlPCode: Q7*L
List Members of LLC:
1 Su nì^ / +da t Percentage of Membership lnterest:
1q "/.
t_ ¡.
(managing member)
2. /-a r rrv Q alaø
(members)
3.
4.
5.
6.
(Note: If any LLC member is another legal entity, that entity must also complete an LLC, Limited
Partnershíp or Corporation Questionnaire. If the LLC has officers, p/ease tist them on a separate
sheet of paper with their titles.)
Server Education Designee:>ìA DOB:^tl *
I understand that if my answers are not true and complete, the OLCC may deny my ticense apptication.
,?'øL I Wþ e-Ç t- /q -t f
(title)
l -800-452-OLCC (6s22l¡
Signature
(name)
www.olcc.state.or.us
Date:
(rev.8/11)
6.B.a
Packet Pg. 15 Attachment: OLCC Oregon Hwy Market (1094 : OLCC Application - Oregon Hwy Market)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: February 14, 2019
SUBJECT: Second Reading Ordinance No. _______, An Ordinance Amending in
Part and Repealing in Part the Central Point Municipal Code Sections
8.08.005 through 8.08.040 Weed Abatement
ACTION REQUIRED:
Motion
Ordinance 2nd Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: Given the increase in fire danger, and the recent Penninger
Road fire this past summer, staff was directed to review the City’s weed abatement code to
ensure it provides the fire department sufficient tools to deal with urban fire danger. The
proposed revisions to the weed abatement code would increase the city’s tools as follows: 1)
The revised ordinance creates a designated fire season of June 1 to October 31 to more easily
inform City residents of when the fire restrictions automatically go into place; 2) The code also
allows the city manager to specifically identify fire hazards outside fire season and notify owners
of same; 3) The revised ordinance permits the city manager to publish a notice in the paper of
general circulation in addition to individual notices which may help encourage compliance, and
can also be used to notify the public in years in which the fire season starts sooner or ends
later; 4) Owners or persons deemed in violation of the code will receive a notice advising them
of the fire hazard, the timeframe to clean it up, and notice that if they don’t rectify the problem
within the specified time, the city may abate the nuisance and charge the owner the actual
clean-up costs plus a specified cost of administration. That cost of administration will be
included in the notice; 5) Owners or persons in control have 10-days to challenge that notice by
written arguments to the city manager; 6) The city manager will have 15-days to rule on the
matter and will provide his decision to the owners in writing; 7) Owners or persons in control
may appeal that decision to Council; 8) If the Council determines that the hazard must be
rectified, and the owner or person in control fails to do so, the City may abate the nuisance and
enter the costs of such abatement in the City’s lien docket. This is a change from prior versions
of the code which then required a second notice to be issued to the owner and a second
hearing to challenge those costs. In addition, there are different requirements for lots larger
than 1-acre, increased fire breaks for properties abutting subdivisions, hillside properties and/or
agricultural properties.
Council reviewed the draft ordinance at its January 24, 2019 meeting, and voted to forward the
ordinance for second reading with one minor correction to section 8.08.005(3). That correction
has been made.
9.A
Packet Pg. 16
FINANCIAL ANALYSIS: The proposed amendments should not substantially change current
weed abatement expenditures or revenues.
LEGAL ANALYSIS: The proposed amendments provide a legal, streamlined process that
offers additional resources for City Staff when confronting weed abatement related issues.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: 2020 Strategic Plan Goal 2 - Build City
pride and positive image; Strategy (e) Review current codes in use for development and
improvement. Revise as necessary to create “healthy neighborhoods”. Enforce codes in older
established neighborhoods. 2020 Strategic Plan Value - Public Safety: We value a professional
service oriented public safety policy that promotes a sense of safety and security in our city.
STAFF RECOMMENDATION: Given previous direction from City Council on the issue of weed
abatement, city staff is recommending approval of the proposed amendments.
RECOMMENDED MOTION: : I move to approve Ordinance No. ______ an ordinance-
amending in part and repealing in part the Central Point Municipal Code Sections 8.08.005
through 8.08.040 regarding Weed Abatement.
ATTACHMENTS:
1. ORD - Weed Abatement Revised-0001
9.A
Packet Pg. 17
_____________________________________________________________________________________
1 | Ordinance No. _____; February 14, 2019
ORDINANCE NO. _____
AN ORDINANCE AMENDING IN PART AND REPEALING IN PART THE CENTRAL POINT
MUNICIPAL CODE SECTIONS 8.08.005 THROUGH 8.08.040 REGARDING WEED
ABATEMENT
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. Upon review, the staff and city attorney for the City of Central Point
determined that amendment to Chapter 8.08 Weed Abatement is advisable to
provide additional notice options, clarify terms, and more clearly define the
process for weed abatement.
C. In particular, the amended provisions set forth the weed abatement season;
allow for general notice of weed abatement to be published in the local
newspaper; allow the fire marshal to declare fire hazards outside the weed
abatement season, and removes the need for a second notice of assessment
making the lien process more streamlined in the event the City is required to
abate the weeds.
D. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.08.005 through 8.08.020 are amended in part and repealed in as set
forth below hereto and incorporated herein by reference.
Chapter 8.08
WEED ABATEMENT
Sections:
8.08.005 Purpose and Scope
8.08.007 Definitions
8.08.010 Nuisance described--Offense punishable.
8.08.020 Notice and Abatement Proceedings.
8.08.030 Assessment of costs.
8.08.040 Penalty.
9.A.a
Packet Pg. 18 Attachment: ORD - Weed Abatement Revised-0001 (1107 : Second Reading An Ordinance Amending in Part and Repealing in Part the Weed
_____________________________________________________________________________________
2 | Ordinance No. _____; February 14, 2019
8.08.005 Purpose and Scope.
The uncontrolled growth of high grass, weeds, brush, and other like vegetation on property in city
areas causes:
1. A fire hazard endangering people and property;
2. An interference with the use and enjoyment of other properties by propagating
noxious weeds and causing them to spread; and
3. A health hazard by furnishing an area for the breeding of vermin and by generating
irritants. Therefore, permitting such uncontrolled growth is unreasonable and
unnecessary in an urban area and constitutes a public nuisance. Any person who
owns and has the right to control real property assumes an obligation to the rest of the
community and is therefore chargeable with knowledge of the growth of vegetation on
that property and has a duty to remove any nuisance which reasonable inspection
would reveal.
8.08.007 Definitions.
For purposes of Sections 8.08.010 to 8.08.020, the following definitions shall apply:
“Owner” Any person with an ownership interest or with any leasehold or other possessory
interest, of record or otherwise, which gives said person, either alone or jointly with others, a right
to occupy, possess, or control real property. In any event, any person who appears as owner on
the records of the county assessor shall be presumed to be one of the owners of the property, but
such presumption may be rebutted.
“Person” Any natural person, partnership, corporation or other legal entity.
“Occupant” Any person in lawful possession, or with a lawful right to store or keep personal
property on, any real property or, in case of corporate ownership, that officer, employee, or agent
of a corporate owner having the authority or duty to control or operate the property on behalf of
the corporation.
8.08.010 Nuisance described--Offense punishable.
A. Except as provided in subsection (C) hereof, it It shall be unlawful and a public nuisance for any
owner or occupant of real property in Central Point to allow grass, weeds, brush or bushes or any like
vegetation over a height of ten inches to remain upon such real property during the period from June 1
to October 31 in each calendar year, or at any other time prior to June 1 or after October 31, if the
City Manager or his designee determines that such growth constitutes a fire hazard. In the event
9.A.a
Packet Pg. 19 Attachment: ORD - Weed Abatement Revised-0001 (1107 : Second Reading An Ordinance Amending in Part and Repealing in Part the Weed
_____________________________________________________________________________________
3 | Ordinance No. _____; February 14, 2019
the City Manager or his designee determines there exists a fire hazard prior to June 1 or after
October 31, the owner or occupant shall be notified in writing as provided in the notice provisions
of section 8.08.0010(B).; provided, that this shall not apply to ornamental shrubs, bushes or other like
vegetation maintained and kept in a landscaped yard or place, or any crop grown and maintained for
agricultural purposes or grass or other like vegetation grown and maintained for pasturage upon property
fenced, zoned and otherwise lawfully used for said purpose.
1. Properties Less than One Acre in Size: Weeds and grass on the entire property shall
be disked, cut or removed.
2. Properties More than One Acre in Size: Firebreaks may be required by the City in
addition to clearing the entire parcel. In such event, minimum 30' wide firebreaks shall be
provided around the perimeter of the property and the area shall be divided into maximum
2.5 acre parcels with minimum 30' wide cross-breaks. In addition, the City may require a
minimum 100' firebreak adjacent to improved subdivisions/properties (Road width may be
considered part of the 100' firebreak).
3. Unmaintained Agricultural Properties: Minimum 30' wide firebreaks shall be
maintained along the perimeter from the edge of road. In addition, minimum 100' wide
firebreaks adjacent to improved subdivisions/properties (Road width may be considered
part of the 100' firebreak).
4. Improved Subdivisions (streets in but structures not yet built): Each lot is required
by ordinance to be cut.
5. Structures in Hillside Areas: Minimum 100’ firebreaks (defensible space) shall be
provided around the perimeter of the structure.
B. Violation of subsection (A) of this section constitutes a violation.
C. The provisions of subsection (A) of this chapter shall not apply to the following:
1. Ornamental shrubs, bushes or other like vegetation maintained and kept in a
landscaped yard or place;
2. Any crop grown and maintained for agricultural purposes;
3. Grass or other like vegetation grown and maintained for pasturage upon property
fenced, zoned and otherwise lawfully used for said purpose; or
9.A.a
Packet Pg. 20 Attachment: ORD - Weed Abatement Revised-0001 (1107 : Second Reading An Ordinance Amending in Part and Repealing in Part the Weed
_____________________________________________________________________________________
4 | Ordinance No. _____; February 14, 2019
4. To any “natural area” within a Central Point public park. As used herein, “natural area”
shall mean any park or portion thereof preserved in its native state and approved in
writing by the Central Point Parks Department. Prior to approving any natural area, the
Central Point Parks Department shall solicit and comply with any order of the Fire Marshal
concerning the elimination or reduction of a fire hazard.
D.B. Each day during which such condition is unlawfully permitted to exist after notice has been given in
the manner prescribed by this chapter is a separate offense punishable in the manner prescribed by
Section 1.16.010 of this Code this chapter; provided, that the condition shall be deemed a nuisance
and, in addition to the foregoing remedy, may be abated by the city in the manner hereinafter prescribed,
and the cost of abatement assessed as a lien against the property, and subject to foreclosure in the same
manner and to the same effect as in the case of special benefit assessment liens.
8.08.020 Notice and Abatement--Proceedings.
A. Each year, the city manager may cause to be published in a newspaper of general circulation
within the City of Central Point, Oregon, a public notice that conditions prescribed in section
8.08.010(A) constitute a public nuisance and directing that all growth which would constitute such
a nuisance be cut or removed within 15 days from the date of publication of the notice.
B.A. Whenever a condition prohibited by Section 8.08.010 (A) is found to exist, the code enforcement
officer may give notice to the owners and occupants of the property by causing the same to be sent by
mail to such persons as are sought to be charged, at their last known address, or if the mailing address of
any owner or occupant is not known to the city, it shall be sufficient for the purpose of charging such
person that the notice be addressed and sent in care of the person appearing as owner on the records of
the county assessor of Jackson County. The notice:
1. Shall be directed to all persons shown on the assessor’s records or otherwise known to the city
to be owners and occupants, whether corporate or otherwise;
2. Shall refer to the premises involved with convenient certainty, the street address, if any, being
sufficient;
3. Shall notify the addressees to remove the unlawful growth within fifteen (15) days from the date
of mailing; and
9.A.a
Packet Pg. 21 Attachment: ORD - Weed Abatement Revised-0001 (1107 : Second Reading An Ordinance Amending in Part and Repealing in Part the Weed
_____________________________________________________________________________________
5 | Ordinance No. _____; February 14, 2019
4. Shall instruct them to comply therewith within fifteen days from the date of mailing.
5. The notice shall further inform the owners and occupants that, if the condition is not corrected
within the said period of time, the owners and occupants may be prosecuted for violation. The mailed
notice shall further state that unless the unlawful growth is removed within fifteen (15) days after the date
of the mailed notice, the city may cause the unlawful growth to be cut or removed from the premises and
will charge the costs thereof, including the costs of administration set forth in therein, to the owners and
occupants and make the same a lien against the property.
C.B. Any owner or occupant may, at any time before such owner becomes in violation, or, if notice
has been mailed to said owner or occupant under subsection (B) hereof, within 10 dayswithin ten
days after service of the notice is mailed, described in subsection A of this section, appeal to the city
manager for relief by filing a petition with the manager. file with the city recorder a written statement
which shall specify the basis for contending that no nuisance exists. The statement shall be
referred to the city manager, who shall thereupon determine whether a nuisance in fact exists.
The petition written statement shall include the facts upon which the owner or occupant petitioner
relies for relief from the obligations of this chapter in relation to the property. If the city manager finds that
it would work a real and unnecessary hardship upon the owner or occupant petitioner to comply with the
terms of this chapter, then the city manager may relieve said person the petitioner of the obligations of
the chapter in relation to the particular property, but nothing therein shall be construed as obligating the
city to remove or abate the nuisance without charging the cost as a lien against the said property. The
city manager will mail a decision to the owner or occupant within 15-days of the City’s receipt of
such written statement. The owner or owner's agent may appeal the city manager's findings to
the City Council. A written notice of appeal shall be filed with the city recorder within ten (10)
days after the city manager's decision is mailed. The city recorder shall set the matter for public
hearing at the next regular meeting of the City Council. If the City Council determines that a
nuisance exists, the owner or owner's agent shall abate the nuisance within ten (10) days of the
Council's decision; or the nuisance shall be abated by the City in the manner provided in
subsection (D).
D.C. If the condition is not corrected within the time limit and no relief has been granted, the city may
cause the nuisance to be abated by removing the grass, weeds, brush, bushes or like vegetation from the
property, or so much thereof as the city manager may determine to be necessary to remove the hazard to
abutting property. The city manager shall maintain an accurate record of the expenses incurred by
9.A.a
Packet Pg. 22 Attachment: ORD - Weed Abatement Revised-0001 (1107 : Second Reading An Ordinance Amending in Part and Repealing in Part the Weed
_____________________________________________________________________________________
6 | Ordinance No. _____; February 14, 2019
the City in removing the unlawful growth and shall include an abatement fee, which is established
by resolution, for costs of administration. The total cost, including said costs of administration,
shall thereafter be assessed against the property owner(s) and may be entered in the docket of
City liens not less than 30 days after the mailing of the notice provided in subsection (B).
Abatement fees shall be established by resolution and reviewed annually. The total cost, including said
overhead, shall thereafter be assessed as a lien against the property as provided in Section 8.08.030.
E. If a lien is filed, the lien shall be enforced in the same manner as liens for special assessments
in Chapter 11.04.070, and shall bear interest at the rate established for special assessments per
Chapter 11.04.080, beginning 10 days after the entry of the lien in the lien docket. An error in the
name of the owner or occupant shall not void the lien and it shall remain a valid lien against the
property.
D. The above remedy shall not be exclusive and, in addition to proceeding by abatement, the city may
proceed against the responsible owner or occupant in city court in the manner prescribed by law, or, if the
condition is permanent, substantial or continuing, may proceed by suit in equity for mandatory injunction
or such other relief as may be afforded by a court of equity. (Ord. 1952 §1, 2011; Ord. 1420 §2, 1981;
Ord. 1071 §2, 1972).
8.08.030 Assessment of costs. (Repealed by Ord. No. ________)
After the city has abated an unlawful growth by removal thereof and arrived at the total cost as prescribed
by resolution, the city shall mail a notice of assessment to the owner and occupant of the property from
which the city has abated the nuisance. The notice shall be addressed to the owners and occupants at
the address shown in the office of the county assessor for said property and, if different, to the street
address, if any, of the property. The notice shall contain:
A. A statement of the total cost, as defined in Section 8.08.020(C);
B. A statement that the cost constitutes a lien against the property, payable within thirty days;
C. A statement that if the owner or occupant objects to the cost, as stated, he may file a written notice of
objection with the city recorder within ten days from the date of mailing the notice. Upon the expiration of
ten days after the date of mailing the notice, objections to the proposed assessment shall be heard and
determined by the city council within thirty days of the filing of the written notice. An assessment for the
total cost of cutting or removal shall be determined by the city council and made by resolution and shall
9.A.a
Packet Pg. 23 Attachment: ORD - Weed Abatement Revised-0001 (1107 : Second Reading An Ordinance Amending in Part and Repealing in Part the Weed
_____________________________________________________________________________________
7 | Ordinance No. _____; February 14, 2019
thereupon be entered in the docket of city liens and then shall constitute a lien against the property from
which the unlawful growth was removed. The liens shall bear interest at the rate of seven percent per
year from the date of entry in the lien docket and shall be enforced in the same manner as in the case of
liens for street improvements. An error in the name of the owner or occupant shall not void the lien nor
will a failure to receive notice of the assessment render it void, but it shall nevertheless remain a valid lien
against the property. (Ord. 1952 §2, 2011; Ord. 1071 §3, 1972).
8.08.040 Penalty. (Repealed by Ord. No. ________)
Violation of the terms of this chapter shall be punishable upon conviction under the general penalty
ordinance. (Ord. 1716 §11, 1995; Ord. 1071 §4, 1972).
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted
by the Council shall take effect on the thirtieth day after its enactment. The effective date of
this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this ____ day of
_____________ 2019.
___________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
9.A.a
Packet Pg. 24 Attachment: ORD - Weed Abatement Revised-0001 (1107 : Second Reading An Ordinance Amending in Part and Repealing in Part the Weed
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: February 14, 2019
SUBJECT: Resolution No. ________, A Resolution Approving the Commercial Lease
Agreement for Skyrman Arboretum with D.I.R.T. and Authorizing the City
Manager to Execute Same
ACTION REQUIRED:
Motion
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION: The City has been negotiating with Direct Involvement
Recreation Teaching (DIRT) on a lease agreement that would allow them to use the house and
grounds at the Skyrman Arboretum as their main office and additionally, for teaching space.
The type of education and curriculum that DIRT completes annually suits the overall
environmental education that has been long-desired by the park benefactor, Wally Skyrman,
and his family.
If the Council approves the associated agreement, DIRT will be allowed to use one of the rooms
as an office and have use of the remaining facilities for its daily needs. The City will partner
with DIRT to provide public classes and “shared use” for city functions as needed. Additionally,
DIRT will participate in the ongoing remodeling efforts and may also help with grant-writing
opportunities.
FINANCIAL ANALYSIS: DIRT will pay the city $1.00 annually for the use of the facility. In
addition, DIRT agrees to certain maintenance and use obligations in consideration for the use of
the facility. There may be some modest future increases associated utility costs depending on
use.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Recreation – Goal 3: Provide high-quality age-appropriate recreation
programs that benefit all residents of our community; (b) Pursue the development and
implementation of comprehensive recreation programs in cooperation with governmental
bodies/agencies and athletic/recreation organizations.
9.B
Packet Pg. 25
STAFF RECOMMENDATION: Recommend approval of the resolution approving commercial
lease agreement.
RECOMMENDED MOTION: I move to approve Resolution No. ________ approving the
commercial lease agreement for Skyrman Arboretum with D.I.R.T. and authorizing the City
Manager to execute same.
ATTACHMENTS:
1. RESO Lease Agt - Skyrman Arboretum-DIRT
2. Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19
9.B
Packet Pg. 26
RESOLUTION NO. ______________
A RESOLUTION APPROVING THE COMMERCIAL LEASE AGREEMENT FOR SKYRMAN
ARBORETUM WITH D.I.R.T. AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME
Recitals:
A. The City of Central Point acquired a parcel of park land, the Skyrman Arboretum, for
which the park’s benefactor requested that environmental classes/programs be
operated.
B. Direct Involvement Recreation Teaching (DIRT), an Oregon nonprofit, has agreed to
lease the property from the City, as a shared use with City, in order to operate its office
and provide environmental education classes and camps for youth, which is consistent
with the City’s intentions for this property.
C. Regular use of the Skyrman Arboretum will reduce the City’s monitoring needs, as there
will be more regular attendance at the property.
D. The City has determined it is in the public interest to partner with D.I.R.T. for the
purpose of providing environment education classes at Skyrman Arboretum.
The City of Central Point resolves as follows:
Section 1. The City Council approves the Commercial Lease between the City and D.I.R.T. in the
form attached hereto as Exhibit “A”, incorporated herein by reference.
Section 2. The City Manager is hereby authorized to execute the Commercial Lease with
D.I.R.T. and any related documents necessary to effectuate the acceptance of this agreement.
Section 3. This Resolution shall take effect immediately from and after its passage and
approval.
Passed by the Council and signed by me in authentication of its passage this _____ day of
February, 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
9.B.a
Packet Pg. 27 Attachment: RESO Lease Agt - Skyrman Arboretum-DIRT (1104 : Skyrman Lease Agreement with DIRT)
1 – Commercial Lease
COMMERCIAL LEASE AGREEMENT
SKYRMAN ARBORETUM
Effective Date: ______________________
Between: CITY OF CENTRAL POINT (“Landlord”)
an Oregon municipal corporation
140 S. Third Street
Central Point, OR 97502
And: DIRECT INVOLVEMENT RECREATION TEACHING (“Tenant)
an Oregon nonprofit corporation
4588 N. Pacific Highway
Central Point, OR 97502
Landlord leases to Tenant, and Tenant leases from Landlord the following
described property (the “Premises”) on the terms and conditions stated below:
Approximately 1369 square feet of commercial office/classroom
space, consisting of the Skyrman Park Arboretum building located
at 4588 N. Pacific Highway, Central Point, Oregon including the
surrounding grounds, walkways and parking areas. The Premises
shall include Tenant’s right to use of the City-owned refrigerator,
tables and chairs. The Premises are depicted on the site plan,
attached hereto as Exhibit “A.”
Tenant shall have the right to reasonable use of the areas within and surrounding
the building in the manner in which such areas are improved, consistent with the terms of
this lease. Tenant’s use of such areas is in common with Landlord and is subject to
reasonable regulation. Tenant’s use of the Premises includes periodic use of the cabin
depicted on Exhibit “A”. However, use of the cabin is restricted to occasional use and
shall not be used for regular classes, camps of office space.
Section 1. Occupancy
1.1 Original Term. The term of this lease shall commence on
________________. The term of this lease shall continue for a period of one (1) year
following the commencement date, unless sooner terminated as hereinafter provided.
1.2 Renewal Terms. If the lease is not in default when the renewal term is to
commence, this Lease shall automatically renew for three (3) successive terms of one
year each as follows:
(a) The renewal term shall commence on the day following expiration
of the immediately preceding term.
9.B.b
Packet Pg. 28 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
2 – Commercial Lease
(b) Unless Landlord or Tenant provides written notice to the other of
its intent not to renew the lease, given not less than three (3) months before the last day of
the expiring term, this Lease shall automatically renew as provided in this Section 1.2.
(c) The terms and conditions of the Lease for the renewal term shall be
identical with the original term except that Tenant will no longer have any option to
further renew.
Section 2. Rent
2.1 Base Rent. During the first year of the term and each year thereafter,
Tenant shall pay to Landlord, as base rent, the sum of $1.00 per year.
2.2 Additional Rent. All insurance costs and maintenance that Tenant is
required to perform under this Lease and any other sum that Tenant is required to pay to
Landlord or third party shall be additional rent.
Section 3. Use of the Premises
3.1 Permitted Use. The Premises shall be used for environmental education
for children, offices, public events, family education, and child development activities.
Such education shall be geared toward education specific to the flora and fauna located at
the Premises.
3.2 Restrictions on Use. In connection with the use of the Premises, Tenant
shall:
(1) Conform to all applicable laws and regulations of any public authority
affecting the Premises and the use, and correct, at Tenant's own expense, any failure of
compliance created through Tenant's fault or by reason of Tenant's use, but Tenant shall
not be required to make any structural changes to affect such compliance unless such
changes are required because of Tenant's specific use.
(2) Refrain from any activity that would make it impossible to insure the
Premises against casualty, would increase the insurance rate, or would prevent Landlord
from taking advantage of any ruling of the Oregon Insurance Rating Bureau, or its
successor, allowing Landlord to obtain reduced premium rates for long-term fire
insurance policies, unless Tenant pays the additional cost of the insurance.
(3) Refrain from any use that would be reasonably offensive to other tenants
or owners or users of neighboring premises or that would tend to create a nuisance or
damage the reputation of the Premises.
(4) Refrain from loading the electrical system or floors beyond the point
considered safe by a competent engineer or architect selected by Landlord, which
limitations shall be communicated to Tenant in writing.
9.B.b
Packet Pg. 29 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
3 – Commercial Lease
(5) Tenant shall not cause or permit any Hazardous Substance to be spilled,
leaked, disposed of, or otherwise released on or under the Premises. Tenant may use or
otherwise handle on the Premises only those Hazardous Substances typically used or sold
in the prudent and safe operation of the business specified in Section 3.1. Tenant may
store such Hazardous Substances on the Premises only in quantities necessary to satisfy
Tenant's reasonably anticipated needs. Tenant shall comply with all Environmental Laws
and exercise the highest degree of care in the use, handling, and storage of Hazardous
Substances and shall take all practicable measures to minimize the quantity and toxicity
of Hazardous Substances used, handled, or stored on the Premises. Upon the expiration
or termination of this lease, Tenant shall remove all Hazardous Substances from the
Premises which Tenant, or Tenant's agents, employees, guests or invitees, caused or
permitted to be placed on the Premises. The term Environmental Law shall mean any
federal, state, or local statute, regulation, or ordinance or any judicial or other
governmental order pertaining to the protection of health, safety or the environment. The
term Hazardous Substance shall mean any hazardous, toxic, infectious or radioactive
substance, waste, and material as defined or listed by any Environmental Law and shall
include, without limitation, petroleum oil and its fractions.
Section 4. Repairs, Maintenance, Replacements and other Duties.
4.1 Landlord's Obligations. During the term of this Lease, Landlord shall be
obligated to maintain and perform the following:
(1) Repairs, maintenance and replacements of roof and gutters, exterior walls
(including painting), bearing walls, structural members, sub-floor, and foundation.
(2) Repairs, maintenance and replacement of interior and exterior water,
sewage, gas, and electrical utility lines located on the Premises.
(3) Maintenance of all landscaping and walkways and the parking area on the
Premises.
(4) Remodeling of Skyrman building as deemed necessary by Landlord in its
sole discretion.
(6) Repairs, maintenance and replacement of the heating and air conditioning
system for the Premises.
(7) Repairs, maintenance and replacement of all sidewalks along the exterior
boundaries of the Premises.
(8) Purchase and maintenance of refrigerator to be located in the building.
(9) Installation and maintenance of signage for Premises.
9.B.b
Packet Pg. 30 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
4 – Commercial Lease
(10) Periodic janitorial service to Skyrman house as deemed necessary in
Landlord’s sole discretion.
(11) Provide for connection of Premises to City sewer within the first term of
the Lease and provide portable restroom facilities for camp programs or public events
until such connection is accomplished.
(12) Prepare and provide education materials, brochures, etc. regarding the
Skyrman Arboretum for public distribution.
4.2 Tenant's Obligations. The following shall be the responsibility of
Tenant:
(1) Repairs, maintenance and replacements of (including painting), interior
walls, ceilings, doors, windows, and related hardware, flooring, light fixtures, and
switches/plugs within the Premises.
(2) Any repairs, maintenance and replacements necessitated by the negligence
of Tenant, its agents, employees, and invitees, except as provided in Section 6.2 dealing
with waiver of subrogation but including repairs that would otherwise be the
responsibility of Landlord under Section 4.1.
(3) Provide routine janitorial services and maintain the Premises in a neat and
orderly condition.
(4) Develop recreational classes and camps designed specifically for the
Skyrman Arboretum, including local flora and fauna.
(5) Develop site-specific educational materials for D.I.R.T. programs offered
at the Premises and furnish and supply all expendable materials necessary to carry out its
programs while furnishing services on the Premises.
(6) Train and provide an adequate number of competent personnel to
supervise all activities on the Premises. Tenant shall enforce all of Landlord’s rules,
regulations, and policies while supervising activities or programs on the Premises.
Tenant shall ensure its employees and volunteers complete and successfully pass the City
of Central Point’s application and background check requirements prior to performing
any services at the Premises. City will pay the cost of any such background check.
(7) Ensure Premises remain locked and secured outside Tenant’s regular
business hours.
Repairs, maintenance and replacements performed by Landlord and/or Tenant
shall comply with all applicable laws and regulations.
4.3 Reimbursement for Repairs Assumed. If either party fails or refuses to
make repairs, maintenance or replacements that are required by this Section 4, the other
9.B.b
Packet Pg. 31 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
5 – Commercial Lease
party may make the repairs and charge the actual costs of the repairs, maintenance and
replacements to the first party. Such expenditures shall be reimbursed by the first party
on demand together with interest at the rate of twelve percent (12%) per annum from the
date of expenditure. Such expenditures by Tenant may be deducted from rent and other
payments subsequently becoming due if not repaid by Landlord within 30-days of the
expenditure. Except in an emergency creating an immediate risk of personal injury or
property damage, neither party may perform repairs which are the obligation of the other
party and charge the other party for the resulting expense unless at least 15 days before
work is commenced, the defaulting party is given notice in writing outlining with
reasonable particularity the work required, and such party fails within that time to initiate
such work in good faith.
4.4 Inspection of Premises. Landlord shall have the right to inspect the
Premises at any reasonable time or times, upon reasonable notice, to determine the
necessity of repairs, maintenance or replacements. Whether or not such inspection is
made, the duty of Landlord to begin repairs, maintenance or replacements shall mature
within 15 days after Landlord has received from Tenant written notice of the work that is
required. Landlord shall complete any repairs required of Landlord within a reasonable
timeframe considering the nature and extent of the repair.
4.5 Landlord's Interference with Tenant. In performing any repairs,
replacements, alterations, or other work performed on or around the Premises, Landlord
shall not cause unreasonable interference with use of the Premises by Tenant. Tenant
shall have no right to an abatement of rent nor any claim against Landlord for any
inconvenience or disturbance resulting from Landlord's activities performed in
conformance with the requirement of this provision.
4.6 Scheduling/Registration D.I.R.T. Programs at Arboretum
4.6.1 Registration for Programs Offered at the Premises. Landlord agrees to
provide class and camp registration for Tenant programs provided at the Premises through
Landlord’s on-line registration program. Landlord further agrees to publish D.I.R.T.
programs provided at the Premises in its City Recreation Guide.
4.6.2 Master Schedule. Landlord and Tenant shall develop a master schedule
for joint use of the Premises, including establishing minimum and maximum attendance
standards for particular events. Landlord and Tenant shall make a good faith effort to
schedule regular meetings in October, February, June or at such other times as mutually
agreed upon by the parties. At these meetings, Landlord and Tenant will review and
evaluate the status and condition of the Premises and confirm the upcoming season
schedule for the Premises. Events may be cancelled by DIRT prior to commencement in
the event minimum registration requirements are not satisfied. In addition, in the event
an unanticipated change of schedule is required, either party must provide the other party
written notice no less than 45-days prior to the proposed change. Notwithstanding the
foregoing, where such change would impact an event which has: 1) already opened for
registration; 2) been published in the City Recreation Guide; 3) or otherwise would
9.B.b
Packet Pg. 32 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
6 – Commercial Lease
detrimentally impact a previously planned event, such schedule change shall not become
effective until the completion of such previously planned event, absent the written
consent of both Landlord and Tenant.
4.6.3 Registration Fees – D.I.R.T Events. Landlord shall collect any
registration fees for Tenant’s programs on Tenant’s behalf to be used to cover the cost of
providing of such programs and shall distribute such fees to Tenant within 15-days of
receipt of monthly invoice from DIRT for payment of such fees.
Section 5. Alterations
5.1 Alterations Prohibited. Tenant shall make no improvements or
alterations on the Premises of any kind without first obtaining Landlord's written consent,
which consent shall not be unreasonably withheld. All alterations shall be made in a good
and workmanlike manner, and in compliance with applicable laws and building codes.
As used herein, “alterations” includes the installation of computer and
telecommunications wiring, cables, and conduit.
5.2 Ownership and Removal of Alterations. All improvements and
alterations performed on the Premises by either Landlord or Tenant shall be the property
of Landlord when installed unless the applicable Landlord's consent or work sheet
specifically provides otherwise. Improvements and alterations installed by Tenant after
the Commencement Date, shall at Landlord's option, be removed by Tenant and the
Premises restored unless the applicable Landlord's consent or work sheet specifically
provides otherwise.
Section 6. Casualty Insurance
6.1 Insurance Required. Landlord shall keep the Premises insured at
Landlord's expense against fire and other risks covered by a standard fire insurance
policy with an endorsement for extended coverage. Tenant may carry similar insurance
insuring the property of Tenant on the Premises against such risks but is not required to
insure.
6.2 Waiver of Subrogation. Neither party shall be liable to the other (or to
the other's successors or assigns) for any loss or damage caused by fire or any of the risks
enumerated in a standard fire insurance policy with an extended coverage endorsement,
and in the event of insured loss, neither party's insurance company shall have a
subrogated claim against the other. Each party agrees to use best efforts to obtain such an
agreement from its insurer if the policy does not expressly permit a waiver of
subrogation.
Section 7. Taxes; Utilities
7.1 Property Taxes. Tenant shall pay as due all taxes (if any) on its personal
property located on the Premises. The Premises are exempt from any real property taxes.
9.B.b
Packet Pg. 33 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
7 – Commercial Lease
7.2 Payment of Utility Charges. Landlord shall pay when due all charges for
services and utilities incurred in connection with the use, occupancy, operation, and
maintenance of the Premises, including (but not limited to) charges for fuel, water, gas,
electricity, sewage disposal (including street fee and other fees and systems development
charges billed by the City of Central Point with its billings for with water and sewage
disposal charges), and power. Tenant shall pay when due all charges for routine janitorial
services.
Section 8. Damage and Destruction
8.1 Partial Damage. If the Premises are partly damaged and Section 8.2 does
not apply, the Premises shall be repaired by Landlord at Landlord's expense. Repairs
shall be accomplished with all reasonable dispatch subject to interruptions and delays
from labor disputes and matters beyond the control of Landlord and shall be performed in
accordance with the provisions of Section 4.3.
8.2 Destruction. If the Premises are destroyed or damaged such that the cost
of repair exceeds 30 percent of the value of the structure before the damage, either party
may elect to terminate the lease as of the date of the damage or destruction by notice
given to the other in writing not more than 45 days following the date of damage. In such
event all rights and obligations of the parties shall cease as of the date of termination. If
neither party elects to terminate, Landlord shall proceed to restore the Premises to
substantially the same form as prior to the damage or destruction. Work shall be
commenced as soon as reasonably possible and thereafter shall proceed without
interruption except for work stoppages on account of labor disputes and matters beyond
Landlord's reasonable control.
8.3 Damage Late in Renewal Term. If damage or destruction to which
Section 8.1 would apply occurs within 3-months before the end of a lease term, Landlord
or Tenant may elect to terminate the lease by written notice to the other given within 30
days after the date of the damage. Such termination shall have the same effect as
termination under Section 8.2.
Section 9. Eminent Domain
9.1 Partial Taking. If a portion of the Premises is condemned and Section
9.2 does not apply, the lease shall continue on the following terms:
(1) Landlord shall be entitled to all of the proceeds of condemnation, and
Tenant shall have no claim against Landlord as a result of the condemnation, except for
that portion of the award which reflects the unamortized value of any permanent
improvements to the structure of the building in which the Premises are located which
have been installed and paid for by Tenant following the commencement of the lease
term. Tenant shall also be entitled to claim against the condemning authority for its
moving expenses and associated expenses and damages.
9.B.b
Packet Pg. 34 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
8 – Commercial Lease
(2) Landlord shall proceed as soon as reasonably possible to make such
repairs and alterations to the Premises as are necessary to restore the remaining Premises
to a condition as comparable as reasonably practicable to that existing at the time of the
condemnation.
9.2 Total Taking. If a condemning authority takes all of the Premises or a
portion sufficient to render the remaining premises reasonably unsuitable for the use that
Tenant was then making of the Premises, the lease shall terminate as of the date the title
vests in the condemning authorities. Such termination shall have the same effect as a
termination under Section 9.1(1). Landlord shall be entitled to all of the proceeds of
condemnation, and Tenant shall have no claim against Landlord as a result of the
condemnation, except for that portion of the award which reflects the unamortized value
of any permanent improvements to the structure of the building in which the Premises are
located which have been installed and paid for by Tenant following the commencement
of the lease term. Tenant shall also be entitled to claim against the condemning authority
for its moving expenses and associated expenses not covered by insurance.
9.3 Sale in Lieu of Condemnation. Sale of all or part of the Premises to a
purchaser with the power of eminent domain in the face of a threat or probability of the
exercise of the power shall be treated for the purposes of this Section 9 as a taking by
condemnation.
Section 10. Liens, Indemnity and Liability Insurance
10.1 Liens
(1) Except with respect to activities for which Landlord is responsible, Tenant
shall pay as due all claims for work done on and for services rendered or material
furnished to the Premises and shall keep the Premises free from any liens. If Tenant fails
to pay any such claims or to discharge any lien, Landlord may do so and collect the cost
as additional rent. Any amount so added shall bear interest at the rate of twelve percent
(12%) per annum from the date expended by Landlord and shall be payable on demand.
Such action by Landlord shall not constitute a waiver of any right or remedy which
Landlord may have on account of Tenant's default.
(2) Tenant may withhold payment of any claim in connection with a good-
faith dispute over the obligation to pay, as long as Landlord's property interests are not
jeopardized. If a lien is filed as a result of nonpayment, Tenant shall, within 10 days after
knowledge of the filing, secure the discharge of the lien or deposit with Landlord cash or
sufficient corporate surety bond or other surety satisfactory to Landlord in an amount
sufficient to discharge the lien plus any costs, attorney fees, and other charges that could
accrue as a result of a foreclosure or sale under the lien.
10.2 Indemnification. Tenant shall indemnify and defend Landlord from any
claim, loss, or liability arising out of or related to any activity of Tenant on the Premises
or any condition of the Premises in the possession or under the control of Tenant.
9.B.b
Packet Pg. 35 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
9 – Commercial Lease
Landlord shall have no liability to Tenant for any injury, loss, or damage caused by third
parties, or by any condition of the Premises except to the extent caused by Landlord's
negligence or intentional or fraudulent act or omission or Landlord's breach of duty under
this lease, or such acts by Landlord's agents, employees.
10.3 Liability Insurance. Before going into possession of the Premises,
Tenant shall procure and thereafter during the term of the lease shall continue to carry the
following insurance at Tenant's cost: commercial general liability policy (occurrence
version) in a responsible company with coverage for bodily injury and property damage
liability, personal and advertising injury liability, and medical payment with a limit of not
less than $1,000,000 combined single limit per occurrence. Such insurance shall cover all
risks arising directly or indirectly out of Tenant's activities on or any condition of the
Premises whether or not related to an occurrence caused or contributed to by Landlord's
negligence. Such insurance shall protect Tenant against the claims of Landlord on
account of the obligations assumed by Tenant under Section 10.2 and shall name
Landlord as an additional insured. Certificates evidencing such insurance and bearing
endorsements requiring 10 days' written notice to Landlord prior to any change or
cancellation shall be furnished to Landlord prior to Tenant's occupancy of the property.
Section 11. Quiet Enjoyment; Estoppel Certificate; Subordination and
Attornment.
11.1 Quiet Enjoyment. Landlord warrants that it is the owner of the Premises
and has the right to lease them. Landlord will defend Tenant's right to quiet enjoyment of
the Premises from the lawful claims of all persons during the lease term.
11.2 Estoppel Certificate. Either party will, within 20 days after notice from
the other, execute and deliver to the other party a certificate stating whether or not this
lease has been modified and is in full force and effect and specifying any modifications
or alleged breaches by the other party. The certificate shall also state the amount of
monthly base rent, the dates to which rent has been paid in advance, and the amount of
any security deposit or prepaid rent. Failure to deliver the certificate within the specified
time shall be conclusive upon the party from whom the certificate was requested that the
lease is in full force and effect and has not been modified except as represented in the
notice requesting the certificate.
11.3 Subordination. Any deed of trust, mortgage or other lien (“Mortgage”)
granted by Landlord which affects the Premises shall be and remain, as it may be
modified or extended, at all times, a lien or charge on the Premises prior and superior to
the lien or charge of this lease.
11.4 Attornment. In the event the holder of any Mortgage forecloses its lien,
exercises any power of sale, or exercises any other remedy under any loan documents
encumbering the Premises, or in the event of conveyance of title to the Premises by deed
in lieu of foreclosure, Tenant agrees to accept and attorn to the purchaser of the Premises,
and its successors and assigns as the new Landlord of the Premises, and, until terminated
9.B.b
Packet Pg. 36 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
10 – Commercial Lease
pursuant to its provisions, this lease shall continue in full force and effect as a direct lease
between such purchaser and its successors and assigns and Tenant, with privity of
contract and with the same force and effect as if this lease had initially been entered into
between them.
11.5 Self Operative Provisions. The foregoing provisions of this Sections 11.3
and 11.4 shall be self-operative and effective without the execution of any further
instruments on the part of any party hereto.
Section 12. Assignment and Subletting
No part of the Premises may be assigned, mortgaged, or subleased, nor may a
right of use of any portion of the property be conferred on any third person by any other
means, without the prior written consent of Landlord, which consent shall not be
unreasonably delayed or withheld. This provision shall apply to all transfers by operation
of law. If Tenant is a corporation or partnership, this provision shall apply to any transfer
of a majority voting interest in stock or partnership interest of Tenant. No consent in one
instance shall prevent the provision from applying to a subsequent instance. Landlord
shall consent to a transaction covered by this provision when withholding such consent
would be unreasonable in the circumstances.
Section 13. Default
The following shall be events of default:
13.1 Default in Rent. Failure of Tenant to pay any rent or other charge within
10 days after it is due.
13.2 Default in Other Covenants. Failure of Tenant to comply with any term
or condition or fulfill any obligation of the lease (other than the payment of rent or other
charges) within 30 days after written notice by Landlord specifying the nature of the
default with reasonable particularity. If the default is of such a nature that it cannot be
completely remedied within the 30-day period, this provision shall be complied with if
Tenant begins correction of the default within the 30-day period and thereafter, proceeds
with reasonable diligence and in good faith to affect the remedy as soon as practicable.
13.3 Insolvency. Insolvency of Tenant; an assignment by Tenant for the
benefit of creditors; the filing by Tenant of a voluntary petition in bankruptcy; an
adjudication that Tenant is bankrupt or the appointment of a receiver of the properties of
Tenant; the filing of any involuntary petition of bankruptcy and failure of Tenant to
secure a dismissal of the petition within 30 days after filing; attachment of or the levying
of execution on the leasehold interest and failure of Tenant to secure discharge of the
attachment or release of the levy of execution within 10 days shall constitute a default. If
Tenant consists of two or more individuals or business entities, the events of default
specified in this Section 13.3 shall apply to each individual unless within 10 days after an
event of default occurs, the remaining individuals produce evidence satisfactory to
9.B.b
Packet Pg. 37 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
11 – Commercial Lease
Landlord that they have unconditionally acquired the interest of the one causing the
default. If the lease has been assigned, the events of default so specified shall apply only
with respect to the one then exercising the rights of Tenant under the lease.
13.4 Abandonment. Failure of Tenant for 15 days or more to occupy the
Premises for one or more of the purposes permitted under this lease, unless such failure is
excused under other provisions of this lease.
Section 14. Remedies on Default
14.1 Termination. In the event of a default the lease may be terminated at the
option of Landlord by written notice to Tenant. Whether or not the lease is terminated by
the election of Landlord or otherwise, Landlord shall be entitled to recover damages from
Tenant for the default, and Landlord may reenter, take possession of the Premises, and
remove any persons or property by legal action or by self-help with the use of reasonable
force and without liability for damages and without having accepted a surrender.
14.2 Reletting. Following reentry or abandonment, Landlord may relet the
Premises and in that connection may make any customary and suitable alterations or
refurbish the Premises, or both, or change the character or use of the Premises (exclusive
of capital improvement costs to the common areas), but Landlord shall not be required to
relet for any use or purpose other than that specified in the lease or which Landlord may
reasonably consider injurious to the Premises, or to any tenant that Landlord may
reasonably consider objectionable. Landlord may relet all or part of the Premises, alone
or in conjunction with other properties, for a term longer or shorter than the term of this
lease, upon any reasonable terms and conditions, including the granting of normal and
customary rent-free occupancy or other rent concessions.
14.3 Damages. In the event of termination or retaking of possession following
default, Landlord shall be entitled to recover immediately, without waiting until the due
date of any future rent or until the date fixed for expiration of the lease term, the
following amounts as damages:
(1) The reasonable costs of reentry and reletting including without limitation
the cost of any cleanup, refurbishing, removal of Tenant's property and fixtures, costs
incurred under Section 14.5, or any other expense occasioned by Tenant's default
including but not limited to, any remodeling or repair costs, attorney fees, court costs,
broker commissions, and advertising costs.
14.4 Right to Sue More than Once. Landlord may sue periodically to recover
damages during the period corresponding to the remainder of the lease term, and no
action for damages shall bar a later action for damages subsequently accruing.
14.5 Landlord's Right to Cure Defaults. If Tenant fails to perform any
obligation under this lease, Landlord shall have the option to do so after 30 days' written
notice to Tenant. All of Landlord's expenditures to correct the default shall be
9.B.b
Packet Pg. 38 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
12 – Commercial Lease
reimbursed by Tenant on demand with interest at the rate of twelve percent (12%) per
annum from the date of expenditure by Landlord. Such action by Landlord shall not
waive any other remedies available to Landlord because of the default.
14.6 Remedies Cumulative. The foregoing remedies shall be in addition to
and shall not exclude any other remedy available to Landlord under applicable law.
Section 15. Surrender at Expiration
15.1 Condition of Premises. Upon expiration of the lease term or earlier
termination on account of default, Tenant shall deliver all keys to Landlord and surrender
the Premises in first-class condition and broom clean. Alterations constructed by Tenant
with permission from Landlord shall not be removed or restored to the original condition
unless the terms of permission for the alteration so require. Tenant's obligations under
this section shall be subordinate to the provisions of Section 8 relating to destruction.
15.2 Fixtures
(1) All fixtures placed upon the Premises during the term, other than Tenant's
trade fixtures, shall, at Landlord's option, become the property of Landlord. If Landlord
so elects, Tenant shall remove any or all fixtures that would otherwise remain the
property of Landlord and shall repair any physical damage resulting from the removal. If
Tenant fails to remove such fixtures, Landlord may do so and charge the cost to Tenant
with interest at the legal rate from the date of expenditure.
(2) Prior to expiration or other termination of the lease term Tenant shall
remove all furnishings, furniture, and trade fixtures that remain its property. If Tenant
fails to do so, this shall be an abandonment of the property, and Landlord may retain the
property and all rights of Tenant with respect to it shall cease 10 days following written
notice to Tenant of such abandonment, or, by notice in writing given to Tenant within 20
days after removal was required, Landlord may elect to hold Tenant to its obligation of
removal. If Landlord elects to require Tenant to remove, Landlord may effect a removal
and place the property in public storage for Tenant's account. Tenant shall be liable to
Landlord for the cost of removal, transportation to storage, and storage, with interest at
the legal rate on all such expenses from the date of expenditure by Landlord.
15.3 Holdover
(1) If Tenant does not vacate the Premises at the time required, Landlord shall
have the option to treat Tenant as a tenant from month to month, subject to all of the
provisions of this lease except the provisions for term and renewal, or to eject Tenant
from the Premises and recover damages caused by wrongful holdover. Failure of Tenant
to remove fixtures, furniture, furnishings, or trade fixtures that Tenant is required to
remove under this lease shall constitute a failure to vacate to which this section shall
apply if the property not removed will substantially interfere with occupancy of the
9.B.b
Packet Pg. 39 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
13 – Commercial Lease
Premises by another tenant or with occupancy by Landlord for any purpose including
preparation for a new tenant.
(2) If a month-to-month tenancy results from a holdover by Tenant under this
Section 15.3, the tenancy shall be terminable at the end of any monthly rental period on
written notice from Landlord given not less than 30 days prior to the termination date
which shall be specified in the notice. Tenant waives any notice that would otherwise be
provided by law with respect to a month-to-month tenancy.
Section 16. Miscellaneous
16.1 Nonwaiver. Waiver by either party of strict performance of any provision
of this lease shall not be a waiver of or prejudice the party's right to require strict
performance of the same provision in the future or of any other provision.
16.2 Attorney Fees. If suit or action is instituted in connection with any
controversy arising out of this lease, the prevailing party shall be entitled to recover in
addition to costs such sum as the court may adjudge reasonable as attorney fees at trial,
on petition for review, and on appeal.
16.3 Notices. Any notice required or permitted under this lease shall be given
when actually delivered or 48 hours after deposited in United States mail as certified mail
addressed to the address first given in this lease or to such other address as may be
specified from time to time by either of the parties in writing.
16.4 Succession. Subject to the above-stated limitations on transfer of Tenant's
interest, this lease shall be binding on and inure to the benefit of the parties and their
respective successors and assigns.
16.5 Recordation. This lease shall not be recorded without the written consent
of Landlord.
16.6 Entry for Inspection. Upon reasonable notice, Landlord shall have the
right to enter upon the Premises at any time to determine Tenant's compliance with this
lease, to make necessary repairs to the building or to the Premises, or to show the
Premises to any prospective tenant or purchaser, and in addition shall have the right, at
any time during the last four months of the term of this lease, to place and maintain upon
the Premises notices for leasing or selling of the Premises.
16.7 Time of Essence. Time is of the essence of the performance of each of
Tenant's obligations under this lease. This section shall not be construed to require
Tenant to make non-emergency improvements to the Premises, prior to obtaining
adequate grant funding for such work.
16.8 Good Faith Requirement. Notwithstanding anything to the contrary
herein, each party hereto shall act in good faith in a commercially reasonable manner in
9.B.b
Packet Pg. 40 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
14 – Commercial Lease
discharging each and every one of its duties and obligations or in exercising its rights
under this lease.
16.9 Authority. The person executing the Lease on behalf of Tenant hereby
covenants and warrants that the execution of this Lease has been duly authorized by
Tenant, that Tenant is qualified to do business in Oregon, and that the person signing on
behalf of Tenant was authorized by Tenant to bind Tenant to this Lease. Upon
Landlord’s request, Tenant shall provide Landlord with evidence satisfactory to Landlord
confirming the foregoing covenants and warranties.
Section 17 Arbitration.
17.1 Disputes to Be Arbitrated. If any dispute arises between parties, either
party may request arbitration and appoint as an arbitrator an independent real estate
appraiser having knowledge of valuation of rental properties comparable to the premises.
The other party shall also choose an arbitrator with such qualifications, and the two
arbitrators shall choose a third. If the choice of the second or third arbitrator is not made
within 10 days of the choosing of the prior arbitrator, then either party may apply to the
presiding judge of the judicial district where the premises are located to appoint the
required arbitrator.
17.2 Procedure for Arbitration. The arbitrator shall proceed according to the
Oregon statutes governing arbitration, and the award of the arbitrators shall have the
effect therein provided. The arbitration shall take place in the county where the leased
premises are located. Costs of the arbitration shall be shared equally by the parties, but
each party shall pay its own attorney fees incurred in connection with the arbitration.
Wherefore, the parties have caused this Lease to be executed as of the date set
forth above.
CITY OF CENTRAL POINT DIRECT INVOLVEMENT
RECREATION TEACHING
_____________________________ _______________________________
By: By:
Its: Its:
9.B.b
Packet Pg. 41 Attachment: Agt City DIRT - Skyrman Arboretum (5) FINAL 1-30-19 (1104 : Skyrman Lease Agreement with DIRT)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: February 14, 2019
SUBJECT: Resolution No. ________, A Resolution of the City of Central Point
Setting a Water Rate Adjustment Effective March 21, 2019
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: The Medford Water Commission recently completed an
annual rate review/analysis (analysis performed by HDR Engineering) and determined
that the “other cities” water rate category, which includes the City of Central Point,
should be increased by 8% beginning March 1, 2019. This adjustment equates to an
additional $57,000 in estimated cost for the purchase of bulk water during the course of
2019.
The Water Commission’s rates have a direct impact upon the City’s water rate
structure. The City’s long-term rate plan—without any increases from the MWC—
indicates no rate increase for the 19/20 FY. However, when the bulk water increase is
included in the rate model, a 3% overall rate increase is indicated for the 2019-2020
budget year.
FINANCIAL ANALYSIS: City/Public Works staff has developed three options for Council
consideration, each of which would accommodate the MWC increase. The first option
would be to adjust the base rate to absorb the bulk water price increase entirely and
would amount to an additional $0.75 per month. Option 2, would be an increase to the
tiered (consumptive) rates only and would adjust all tiers by a margin of 3%. A final
option is a hybrid approach, which would split the increase between both the
consumption tiers and base rate.
At the January 24, 2019, City Council meeting, Council directed staff to bring back the
hybrid option for formal consideration. Attached is the full rate resolution which reflects
residential, commercial, multi-family and irrigation rates based upon the hybrid rate
increase proposal.
9.C
Packet Pg. 42
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
City of Central Point 2020 Strategic Plan – Goal 3 – Continually update infrastructure plans.
Strategic Plan goal 3 recognizes the need to periodically increase utility rates to adequately
maintain and expand infrastructure.
STAFF RECOMMENDATION: Staff recommends approval of the resolution.
RECOMMENDED MOTION: I move to approve Resolution. ___ a Resolution of the City
of Central Point Setting a Water Rate Adjustment effective March 21, 2019.
ATTACHMENTS:
1. 2019 wate rate resolution
2. Attachment A
9.C
Packet Pg. 43
Res. No.___________; February 14, 2018 Page 1
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY OF CENTRAL POINT
SETTING A WATER RATE ADJUSTMENT EFFECTIVE MARCH 21, 2019
Recitals:
A. The City has received information from the Medford Water Commission that March 1,
2019, the rate for bulk water purchase will increase by 8%, an estimated additional cost
of $58,000.
B. The City of Central Point conducted an internal water rate analysis update based on
inflationary cost indexes and determined that a 0% increase is needed to accommodate
internally driven cost increases.
C. The combined increases equate to a 3% overall increase which would be split between
the base and tiered rates.
The City of Central Point resolves as follows:
Section 1. Effective March 21, 2019, the City of Central Point Water Rates shall be as set forth
on the attachment A.
Passed by the Council and signed by me in authentication of its passage this _____ day of
February 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
City Recorder
9.C.a
Packet Pg. 44 Attachment: 2019 wate rate resolution (1100 : 2019 Water Rates)
Attachment "A"
2019/2020 Utility Rates
2019 Street Fee
Cost of Service - Water Rates (Per hundred cubit feet)
Res. No. $6.00
(Into effect March 21, 2019)
2019 Stormwater Fee
Meter Monthly Monthly Total Monthly Volume Charge Volume Charge Volume Charge
Size Base Charge R & R Charge Fixed Charge First 8 ccf 8 - 22 ccf Over 22 ccf $6.50
5/8"13.73 1.00 14.73 0.93 1.80 2.95
1"18.81 2.45 21.26 0.93 1.80 2.95 2019 Stormwater Quality Fee
1.5"23.89 8.15 32.04 0.93 1.80 2.95
2"34.05 11.15 45.20 0.93 1.80 2.95 $1.00
3"54.37 25.25 79.62 0.93 1.80 2.95
4"74.69 43.85 118.54 0.93 1.80 2.95
6"140.73 86.00 226.73 0.93 1.80 2.95
8"216.93 139.50 356.43 0.93 1.80 2.95 Notes:
Monthly Monthly Total Monthly Volume Charge
Units Base Charge R & R Charge Fixed Charge First 8 ccf Backflow Fee
5 18.54 1.25 19.79 1.64 $1.00 w/backflow
10 37.08 2.50 39.58 1.64 $0.25 w/o backflow
15 55.63 3.75 59.38 1.64
20 74.17 5.00 79.17 1.64 Damage Recovery
25 92.71 6.25 98.96 1.64
30 111.25 7.50 118.75 1.64
35 129.79 8.75 138.54 1.64
40 148.34 10.00 158.34 1.64
Monthly Monthly Total Monthly Volume Charge
Units Base Charge R & R Charge Fixed Charge First 8 ccf
3 21.03 4.50 25.53 1.64
4 28.04 6.00 34.04 1.64
5 35.05 7.50 42.55 1.64
6 42.06 9.00 51.06 1.64
7 49.07 10.50 59.57 1.64
8 56.08 12.00 68.08 1.64
9 63.09 13.50 76.59 1.64
10 70.10 15.00 85.10 1.64
Meter Monthly Monthly Total Monthly Volume Charge
Size Base Charge R & R Charge Fixed Charge First 8 ccf
5/8"11.84 1.00 12.84 1.64
1"14.88 2.10 16.98 1.64
1.5"19.96 4.00 23.96 1.64
2"25.04 7.15 32.19 1.64
3"40.28 14.10 54.38 1.64
4"58.57 21.70 80.27 1.64
6"104.80 44.00 148.80 1.64
8"163.73 68.00 231.73 1.64
Meter Monthly Monthly Total Monthly Volume Charge Volume Charge Volume Charge
Size Base Charge R & R Charge Fixed Charge First 8 ccf 8 - 22 ccf Over 22 ccf
5/8"13.36 1.50 14.86 0.93 1.80 2.95
1"18.44 4.15 22.59 0.93 1.80 2.95
1.5"23.52 8.65 32.17 0.93 1.80 2.95
2"33.68 14.00 47.68 0.93 1.80 2.95
3"54.00 28.00 82.00 0.93 1.80 2.95
4"74.32 44.00 118.32 0.93 1.80 2.95
6"140.36 88.00 228.36 0.93 1.80 2.95
8"216.56 139.00 355.56 0.93 1.80 2.95
Hydrant 27.45 20.00 47.45 1.64
Irrigation
Residential
Senior-Housing
Minimum $150 + cost of materials, extra for more then one
hour of a PW employee, + 10%admin fee
Multi-Family Residential
Commercial & Standby
9.C.b
Packet Pg. 45 Attachment: Attachment A (1100 : 2019 Water Rates)
Expo 0.00 0.00 0.00 1.64
Hardship Discount 50%50%
Outside City Factor 200%200%
9.C.b
Packet Pg. 46 Attachment: Attachment A (1100 : 2019 Water Rates)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: February 14, 2019
SUBJECT: Resolution No. ________, A Resolution Accepting the Lowest Responsible
Bidder for Phase 1 of the Laurel Street Waterline Project and Authorizing
the City Manager to Execute a Contract with West Coast Pipeline Inc.
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: The City conducted a formal bid letting for Phase 1 of the
Laurel Street Waterline from Front to 4th Street, with a Bid alternative which would provide a
new water “link” from Laurel to Maple Street. The City received seven bid submittals. In this
scenario, awarding of the bid is based purely upon the lowest responsible bidder. The bid
alternative can be added to the project if funds are available. The lowest base bid received
was from West Coast Pipeline at $201,620.00. The City Budgeted $300,000 for the project.
FINANCIAL ANALYSIS: The project was budgeted for in the FY 2017/19 City of Central Point
Budget (water fund). No additional budget appropriation is needed to complete the project.
LEGAL ANALYSIS: Laurel Waterline Phase 1 bid letting was legally noticed/advertised per the
requirements of Oregon Revised Statute Chapter 279.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A
STAFF RECOMMENDATION: Approval of the lowest responsible bidder.
9.D
Packet Pg. 47
RECOMMENDED MOTION: I move to approve Resolution No. ____ accepting the lowest
responsible bidder for Phase 1 of the Laurel Street Waterline Project and authorizing the City
Manager to execute a contract with West Coast Pipeline Inc.
ATTACHMENTS:
1. Laurel bid ad
2. extent of project
3. RESO Accept Low Bid Laurel St Waterline
9.D
Packet Pg. 48
NOTICE TO CONTRACTORS
Laurer street & Ei,3l 3ìåiiür,:sifir! r,p,ou"tn"nt.
Sealed bids will be opened and read publicly at the City of Centrâl Point, City Hall, 140
South Third Street, Central Point, 97502 at 2:00 p.m. PST on Tuesday, February 5,
2019 for the above referenced project. Bids must be submitted to Matt Sam¡tore, Parks
and Public Works Director, at the same address prior to 2:00 p.m. PST on the abovedate. Subcontractor Disclosure forms must be submitted prior to 4:00 p.m. PST on the
same date.
re-qualified in order to be eligible for award. Pre-qualification may be
ntral Point, C¡ty of Medford, or the Oregon Depertment of Transporta-
s disqualified in any of these jurisdictions the bidder will be ineligible
Award of contract will not be fìnal until the later of: 1 ) three business days after Notice of
lntent to Award is announced by the C¡ty of Central Polnt, or 2) the City of Central Pointprovides a written response to each timely protest, denying the protest and afflrm¡ng the
awafd.
On all projects, work performed by the Contractor's own organlzatlon must be at leâst
30% of the awarded contract amount.
Plans and specifications will be available online only at www.ouestcdn.com/projects be-
ginning January 3, 2019. #6071583
COST ESTIMATE: $¡140,000
Laurel Street & First Street Waterline lmprovements: Work shâll ¡nclude, but not ne-
cessarily be limited to: installation of potable water main, water services and appurten-
ances, reconnection to customer service lines.
2019 and shall be completed by June 30,
ected to Greg Graves at 541-664-3321 or
bid will be received or considered by the City
signed by bidder.
This project is public work subject to ORS 279C.800 to 279C.870. Th¡s project is sub-ject to Oregon prevailing wage rates.
The City of Central Po ot in compliance w¡th all public bidding pro-
cedures and requirem r good cause any or all bids upon a finding
by the City of Central blic interest to do so.
CITY OF CENTRAL POINT
DATED: Jan 2, 2019
Matt Samitore, Parks and Public Works Director
January 12, 1 3, 1 I & 20, 201 I
9.D.a
Packet Pg. 49 Attachment: Laurel bid ad (1099 : Laurel Waterline Phase 1)
9.D.b
Packet Pg. 50 Attachment: extent of project (1099 : Laurel Waterline Phase 1)
1 - Resolution No. _________ (2/14/19 Council meeting)
RESOLUTION NO. _______
A RESOLUTION ACCEPTING THE LOWEST RESPONSIBLE BIDDER FOR
PHASE 1 OF THE LAUREL STREET WATERLINE PROJECT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
WEST COAST PIPELINE INC.
RECITALS:
A. WHEREAS, the City recently published a solicitation for
bidders/contractors to install a new waterline along Laurel Street from Front to 4th
Street with a bid alternative for a new water “line” from Laurel to Maple Street.
B. WHEREAS, the City received seven bid submittals with the lowest
responsible bidder being West Coast Pipeline, Inc. with the lowest base bid of
$201,620 and the lowest bid alterative in the amount of $48,840.00 for a total
lowest bid of $250,460.00.
C. WHEREAS, the project was budgeted as part of the 2017-2019 fiscal
year budget with an engineer’s estimate of $300,000.00.
The City of Central Point resolves as follows:
Section 1. The City Council hereby accepts the bid from West Coast Pipeline,
Inc. in the amount of $250,460.00.
Section 2. The City Manager is hereby authorized to execute a contract and
any related documents necessary to effectuate the acceptance of this award in a
form substantially the same as that included in the specifications.
Section 3. This Resolution shall take effect immediately from and after its
passage and approval.
Passed by the Council and signed by me in authentication of its passage
this _____ day of _____________________, 2019.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
9.D.c
Packet Pg. 51 Attachment: RESO Accept Low Bid Laurel St Waterline (1099 : Laurel Waterline Phase 1)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: February 14, 2019
SUBJECT: Planning Commission Report
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Approval
The following items were presented by staff and discussed by the Planning Commission at its
regular meeting on February 5, 2019.
A. A Public Hearing to consider a minor zone (map) change application from
Residential Single Family (R-1-6) to Civic on 1.76 acres located at 1909
Scenic Avenue. Applicant: Fire District No. 3; File No.: ZC-18007. Approval
Criteria: CPMC 17.10, Zoning Map and Zoning Code Text Amendments. The
Commission conducted a public hearing to consider this zone change to bring property
into compliance with the comprehensive plan land use map and to evaluate the site for
future civic uses. The Fire District acquired a 1.76 acre tax lot adjacent to the Scenic
Middle School and has been working with city staff and the School District to site a new
Fire Station. The Commission considered the application in light of the Comprehensive
Plan and the State’s Transportation Planning Rule (TPR). A professional traffic analysis
initiated by the applicant revealed a level of service (LOS) deficiency at the Upton/Scenic
intersection caused by existing traffic southbound on Upton but this will not result in any
changes to road classifications. Mitigation will be recommended to the City once a site
plan application and a subsequent traffic study is submitted. The Commission
recommended approval of the zone change to the City Council but expressed their
desire to have city staff investigate better traffic control at the intersection.
B. Urbanization Element. Present the Working Draft Urbanization Element of the
Comprehensive Plan and conduct a public hearing. (File No. CPA-18002). The
Urbanization Element was last acknowledged by the State in 1983. The Working Draft
has been updated and made more concise. Even though it is modeled after Statewide
Planning Goal 14, it also reflects the goals and policies of the City as articulated in the
Strategic Plan and more recent changes to other Comprehensive Plan Elements. The
Urbanization Element defines the Locational Factors that will be used to expand the
UGB this year. Ms. Katy Mallams asked that this and other plan amendments be
continued until the March meeting to get greater public participation. Planning staff
explained that noticing and hearing requirements for Legislative amendments are
different than those for quasi-judicial hearings and that the City is not obligated to
continue the hearings. Commission recommended approval of the Comprehensive Plan
10.A
Packet Pg. 52
Amendment to the City Council with the addition of a ninth (9th) locational factor that
addressed proximity to the City core area.
C. Population Element. Present the 2019 Population Element to address changes to
the population forecast for 2019-2039 planning period and conduct a public
hearing. (File No. CPA-18004). The Planning Commission considered Portland State
University’s latest Population Forecast for Jackson County and Central Point which
showed an increase in the average annual growth rate to 1.5%. This will result in a
nearly 7000 person increase in the City over the next 20 years. Staff proposed that the
City make revisions to its Population Element in order to use the new numbers in
expanding the Urban Growth Boundary this year. The Commission recommended
approval of the revised Population Element to the City Council.
D. Buildable Lands Inventory (BLI). Present the Working Draft Residential BLI, a
component of the Land Use Element, and conduct a public hearing (File No. CPA-
18003). The last Residential BLI was completed in 2016 as part of the Housing Element
Update. Since that time, the forecast population for the next 20-years has increased
enough to warrant re-evaluation of buildable residential lands which is a prerequisite to
updating the Housing Element. Staff proposed that the City make revisions to its BLI
and establish a 20% infill rate of lands ‘likely’ to redevelop over the next 20 years. Ms.
Mallams argued for a higher percentage but had no evidence to support her argument.
The Commission recommended approval of the revised BLI to the City Council with the
20% infill rate.
E. Housing Element. Present the Housing Element (review draft), which has been
updated based on changes to the Population Element and BLI and conduct a
public hearing (File No. CPA-18005) The Housing Element was last updated in 2017
and was based on an earlier population forecast that estimated a residential land need
of 150 acres. The revised population numbers will potentially increase the City’s long
term residential need to 305 acres. Revising the Housing Element will enable the City to
demonstrate a greater land need when expanding its UGB this year. Due to the lateness
of the hour, the Commission opened the public hearing and then voted to continue the
hearing until its regular meeting on March 5, 2019.
10.A
Packet Pg. 53
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: February 14, 2019
SUBJECT: Rogue Valley Transit District request for revised bus stop - February
Update
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
The Rogue Valley Transit District (RVTD) has been working with the City to revise their Route
40 service. Route 40 historically involved a bus traveling eastbound on Pine Street and
included bus stops/pickups at 5th Street & Pine, as well as a second bus stop near the
shelter/public parking lot located near the intersection of 2nd Street & Manzanita. Although this
has been the historical route, RVTD recently expressed concern regarding the northbound
turning movement required at the intersection of 2nd Street and Pine. After discussion between
RVTD and City staff members, it was decided to reverse the path of Route 40, which has
eliminated any turning movement related issues but did require relocation of the bus stop
located near the intersection of 5th Street & Pine.
After the initial changes to Route 40, RVTD was asked by one of their riders to move the stop
back to between 3rd and 5th Streets. The individual making the request is blind, and the stop at
6th is more difficult for her to access. City staff has compared the new stop with the previous
location. There are multiple options for establishing a bus stop between 3rd & 5th Streets, and
staff has ranked them in order of preference.
1. 5th Street at Key Bank – The bus stop would be between the driveways of Key Bank (see
picture). It would require removal of one parking space and relocation of the “way
finding” sign that directs drivers to the Post Office and Central Point Chamber of
Commerce. A stop at this location would also require RVTD to install a new access ramp
at this location. City staff agrees this would be the location best suited for a bus stop;
however, the staff is hesitant to make any changes without the consent of the council
and adjacent property owners.
2. 4th Street Bulb Out at Banner Bank – In the second preferred option, RVTD could make
efficient use of the existing bulb out ramp located near the intersection of 4th Street &
Pine. However, it would require one parking space to be eliminated because of bus “tail-
swing.” Additionally, one above-grade planter pot would have to be eliminated to
accommodate a secondary ramp. RVTD prefers this option because it eliminates the
10.B
Packet Pg. 54
bus having to merge back into the travel lane and provides a safe refuge for their
passengers.
3. 3rd Street Bulb Out at Print Quick - Similar to option number two, RVTD could use the
existing bulb out located at the intersection of 3rd Street & Pine (this would also require
the construction of a secondary ramp). This scenario would also require one parking
space to be eliminated because “of tail-swing.” Additionally, one planter pot would have
to be removed to accommodate the secondary ramp. City staff does not find this option
attractive because area represents the “heart” of our new downtown, and the amount of
foot traffic occurring in this area is critical to all downtown businesses.
4. No Change – This would keep the pickup/drop off location at 6th Street.
UPDATE February 2019 – Staff presented the above options to Council at its January 24, 2019
meeting, and Council directed staff to poll the downtown community regarding these options.
Staff has completed that poll and received 11 votes. 7 are in favor of the 5th Street location, 3 at
4th Street and 1 at 3rd Street.
FINANCIAL ANALYSIS:
All above-described options, excluding option 4, would require a small amount of capital funding
to be contributed by the City’s Street Fund.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
The City’s Current strategic plan supports both public transportation and downtown
beautification.
STAFF RECOMMENDATION:
Staff recommends that council consider providing direction on options 1 & 2.
RECOMMENDED MOTION:
I move to approve option #______as presented by staff.
ATTACHMENTS:
1. rvtd
2. 5th block
10.B
Packet Pg. 55
10.B.a
Packet Pg. 56 Attachment: rvtd (1101 : RVTD Request for revised bus
10.B.b
Packet Pg. 57 Attachment: 5th block (1101 : RVTD Request for revised bus stop - Feb Update)