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HomeMy WebLinkAboutCAP121009Central Paint City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingier Ward II Mike Quilty Ward III Matthew Stephenson Ward IV Allen Broderick At Large Carol Fischer Kay Harrison Administration Phil Messina, City Administrator Community Development Director Tom Humphrey, Director Finance Department Bev Adams, Director Parks and Recreation Department Matt Samitore, Manager Police Department Jon Zeliff, Chief Public Works Department Bob Pierce, Director CITY OF CENTRAL POINT City Council Meeting Agenda December 10, 2009 Next Res. No. 1226 Next Ord. No. 1932 I. REGULAR MEETING CALLED TO ORDER - 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES V. CONSENT AGENDA A. Approve minutes of 11/12/09 Council Meeting B. OLCC Application for Change of Corporate Name (Mazatlan Grill} VI. ITEMS REMOVED FROM CONSENT AGENDA VII. SPECIAL PRESENTATION - "ARC Angel" Program (Cooper Sherwin) VII. PUBLIC HEARINGS, RESOLUTIONS, AND ORDINANCES Pgs. 1 - 8 A. Resolution No. , A Resolution Renaming Bluegrass Downs Park to "William C. Mott Memorial Park" {SamitorelBoardman} Pgs. 9 - 10 B. Resolution No. , A Resolution Requesting that Jackson County Transfer the Jurisdiction of Freeman Road to the City of Central Point, Oregon (Humphrey) Pgs. 11 - 16 C. Intergovernmental Agreement with Jackson County to Improve and Eliminate Railroad Crossings (Humphrey) Pgs. 17 - 4o D. First Reading, An Ordinance Amending Central Point Municipal Code Title 13 Pertaining to Water (Adams/Clayton) VIII. BUSINESS Pg. 41 A. Planning Commission Report (Humphrey) IX. NEW COUNCIL BUSINESS X. MAYOR'S REPORT XI. CITY ADMINISTRATOR'SBEPORT XII. COUNCIL REPORTS XIII. DEPARTMENT REPORTS XIV. EXECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 92.G64. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XV. ADJOURNMENT Go~iS~HT Ao~HO.A CITY OF CENTRAL POINT City Council Meeting IiAlnutes November 7 2, 2009 REGULAR AiIEETiNG CALLED T~. ORDER Mayor Williams called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE III. ROLL CALL: IV. V. Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingier, Carol Fischer, Kay Harrison, Mike Quilty, and Matthew Stephenson were present. City Administrator Rhil Messina; pity Attorney Doug Engle; Police Chief Jan Zeliff; Community Developmen# Director Tom Humphrey; Assistant pity Administrator Chris Clayton; Finance Director Bev Adams;. Wuman Resource Manager Barb Robson and City Recorder Deanna Casey were also-present. SPECIAL PRESENTATION A. Recognition of Lieutenant Steve McGee's Retirement B. Swearing in F~i`is°Allison as Lieutenant Police Chief Jon Zeliff stated that after 33 years of dedicated sen-ice #o the City of Central point Police Department Lieutenant Steve McGee has decided to retire. Detective Kris Allison was sworn in as Lieutenant. PUBLIC k(?PEARANCES Jennifer, a student from Rogue Community College was in attendance as part of a requirement for a leadership class she is taking. She stated that she is concerned about the lack of sidewalk on Haskell Street by May Richardson School. VI. CONSENT AGENDA A. Approval of Oc#ober 22, 2009, City Council minutes B. Approval of Qc#ober 27, 2009, Traffic Safety Committee Report C. Approval of Street Closures for Central Point Community Christmas Kay Harrison made a motion to approve the Consent Agenda as presented. Matt Stephenson seconded. Roll call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. Cfty of Centro! Point Cfty Counei! Minutes NovemBer 12, 2009 Page 2 VII. ITEMS REMOVED FROM CONSENT AGENDA -None VIII. PUBLIC WEARINGS, ORDINANCES AND RESOLUTIONS A. Resolution No. 1225, A Resolution Revising Resolution No. 1215, Ezte~icling the Clty of Central Point's Workers Compensation Coverage to Volunteers of the City of Central Point Human Resource Manager Barb Robson stated that it has come to her attention that Resolution No. 1215 only covers public safety volunteers. In order for City County Insurance Services to extend coverage to non-public safety volun#eers a revised resolution is required. There is no fiscal impact with this resolution, Matt Stephenson made a motion to approve Resolution No. 1225, A Itesol~utign Revising Resolution No. 1215,.. Extending the City of Centro! Point's Workers Compensation Coverage to Volun#eers of the City of Central Poent, Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Carol 1=isoher, yes; Kay Harrison, yes; Mike Quil#y, yes; and Matt Stephenson, yes, Motion approved. IX. BUSINESS A, Audit Presentation for 20.08.-2009 Finance Director Bev Adams introduced Chris Dye of Purkeypile & Johannsen, CPA. Mr. Dye presented the Audit Report for 2008-2009. There was nothing negative to report and no manager's comments this year. Management has addressed all comments from previous years. Mike Quiity made a motion to accept the 2008-2009 Audit Report. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Caro! Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. B. Water Rate Fee Structure Presentation Mrs. Adams stated that after several months of work, ACS Group has completed the water rate study and has options available for Council. The rates must be adjusted in order to provide services to our customers. Staff is asking Council how they would like the rates configured for that adjustment. John Ghilarducci of FCS Group s#a#ed that study they kept in mind the need for a structure that is fair for all users of the service and provide income for infrastructure. Two options are recommended for consideration. • Across the board: a 25% increase on the existing rate s#ructure across the board for all users. Council can decide to increase. 254/o at the first of the year, or do three smaller increases over several months. City of Central Paint City Councit Minutes November 1.2, .2009 Page 3 • Cost of service: increases the base rate, differing by customer class and rewards customers who conserve water by adding an increasing . block rate. The block rate increases by volume used. The more water used the higher the rate per CCF. There was discussion regarding the Expo and other businesses and the best way to implement the new structure. Council would rather implement the change all at once rather than increase over the next year. The Medford Wa#er Commission has increased our cost for water over several years and the City has absorbed that increase. We are no longer financially able to absorb the cost of those increases. The Council discussed options far Storm Drain and Street Utility fee increases in the future. It was explained that the Cost of Service plan coincides with a state mandate to implement a water conservation plan for the City. It was explained that the increase would not take effect until February or March because the ordinance would not be effective until February 14, 201 Q. Mike Quilty made a motion for staff to return with an Ordinance to implement the Cost of S®rVic$s option as presented with the 25°7o increase in-base rate and a block rate structure. Carol Fischer seconded: Roll ca11: Allen Broderick, yes,. Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. X. COUNCIL BUSINESS Council Member Allen Broderick asked for clarifiication of property owners being responsible for water bills in regards to rental units. Mrs. Adams stated that property owners are notified if water payments are delinquent for two months. property owners get a copy of the disconnect notification letter that is sent to the renter. Disconnection is typically one week after that fetter is sen#. Council Member Broderick asked if Island Annexations would be brought before the Council in the near future. Council had discussed this at a previous meeting and most members were in favor of reducing the amount of islands in the city limits. Community Development Director Tom Humphrey stated that staff will begin work on that process: Xi. MAYOR'S REPORT Mayor Williams reported that he attended the RVCOG meeting where they discussed Savage Rapids Dam. XII. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported #hat: • He attended an RPS meeting where they discussed the public hearing schedule. • He is meeting with the emerging leaders on Tuesday to discuss an MPA ptogram for certif::cation of local government leaders. City of Central Point City Council Minutes Nouember x2, 2QD9 Page 4 • He attended the Veterans Memorial and was impressed with the program and attendance. • The 'i20 year history program is coming along fine, he has seen a few minutes of it and hopes to present it to Council in December. XIII. COUNCIL REPQRTS Council Member MiKe Quilty reported that he attended: • a OMPOQ meeting in Salem. • the RPS meeting on Tuesday. • a STIP meeting in Satem. Council Member Kay Harrison reported that she attended: • the RVCOG meeting. • the Multicuitural Committee mee#ing. • a Gold Ray Dam meeting. Council Member Bruce Dingier reported that he attended the Veterans Day Memorial event. Council Member Matt Stephenson reported That he attended: • the Veterans Day event at Dan Janes Park. • a SQREDI Board meeting. XIV. DEPARTMENT REPQRTS Public Works Director Bob Pierce reported that: • Staff is cleaning storm drains in preparation for winter rains. • Rick Bartlett is retiring at the end of November after 33'/ years. Community Development Director Tom Humphrey reported that: • The East Pine Street Property owners have met again to work on the zoning code updates. He, explained the time lines for a land use decision because of public notice requirements and allowing. sta#e agencies time to review the recommendations. • the i~PS Process should be holding public hearings in April. • He attended a Downtown meeting on Monday. night. Finance Director Bev Adams reported that it was nice to work with FCS Group on the Water Rates Study. Assistant City Administrator Chris Clayton reported that there will be an open hawse for the Dan Jones Grassing project. The City has been approved to use stimulus money to over lay Pine Street from 10~'to Hwy 99. XV. EXECUTIVE SESSION -None City of Cents! Point City Council Minutes November72, 2009 Page 5 XVI. ADJOURNMENT Matt Stephenson moved to adjourn, Bruce Dingier seconded, all said "aye" and the Council Meeting was adjourned at 9:2B p.m. The foregoing minutes of the November 92, 20(39; Council meeting were approved by the City Council at its meeting of December 70, 2049. Dated: Mayor Hank Williams ATTEST: City Recorder Administration Staff Report TO: City Coancil FROM: Deanna Casey, City Recorder AGENDA DATE: December 10, 2009 5UBJECT: Approval of OLCC Application for Mazatlan Grill f?ioil Messina, City Administrator Chris Clayton, Assistant City Administrator Deanna Casey, City Recorder Barb Robsor-, Human Resource Manager PROPOSAL: Mazatlan Grill has submitted an OLCC application for a change of Corporation name. Attached is a memo from Chief Zeliff stating there is no information pertinent to the request. FISCAL IMPACT: There is no fiscal impact to the City. RECONIlVIENDATION: Approve the Consent Agenda as presented. 155 South Second Street • Central Paint, OR 97502 .10-~ D. Ze,liff Ph: {541) 664-557$ • Fax: (541) 664-2705 • www.cp-pd.cam Chief ~~ tea] Point Pc~licC,Y~q~~~rtnier ••p~eatea~ T ~'e~r~i~e, Co~rtiri T ,~~e~~~7ce •• OREGON LIQUOR CONTROh COMMISSION LIC~UOR LICENSE APPLICATION PLEASE-PRINT OR TYPE LICENSE TYPES Full On-Premises Sales ($402,BOlyr) ^ Commercial Establishment ^ Caterer ^ Passenger Carrier ^ Other Public Location ^ Private Club ^ Limited On-Premises Sales {$202.601yr) ^ Off-Premises Sales ($1001yr} ^ with Fuel Pumps ^ Brewery Public House {$252.6} ^ Winery ($2501yr} ^ Other: ACTIONS ~fQ Change Ownership ^ New Outlet ^ Greater Privilege ^ Additional Privilege q Other 1 ^ Limited Corporation ^ Limited Liability Partnership Company 90-day authority: ^ Yes C7 No 1. 1=ntity or Indi~~c(i__duais applyin for the license: [See SECTION 1 of the Guide] '~'1~~~=C.~L ~ ~~~ ~~ ~r-~f 1 2. Trade Narne (dba): ~ 3. Business Locatio (number, street, runbE route) FOR CITY AND COUNTY USE ONLY The city council or county commission: (name of ciiy or couniy) ' recommends that this license be: Granted ^ Denied ^ By: (signature) (date) Name: Title: OLCC U5l~Ey~ONLiY^y Application Recd by: 1~_,l' 6rL~~~4-' n ~9 date: l t i,f~ ~c~'_ 1 ^ Individuals 1 ~;` 4. Business Mailing Address: ~~,~"~ GL7 ~ ~~.~ ~~- :~-~ C :y) {county) - - (ZIP code) (I'O bolx,lnumber, street, rural route) (city). p~ late) (ZIP code) 5. Business Numbers: GI ~ " U !3 ~ ~~ ~ ~~~ ~ "' •~ ~ " '~G~r~I~ ~~~ ~ (phone) {fax) 6. Is the business at this location Curren#ly licensed by OLCC? 11~Yes ^No 7, If yes to whom: I _L~"S~ ~5 ~.-~ ~ Type of License:_~cA [ ~ r9 ~'~ ~7~w1 a ~e S 8. Former Business Name:~~ C''~Gt2~i. ~ ~~ u~ t~i~~~ ~ ~ _-- --- _ -. . 9. Will you have a manager? ^Yes ,~No Name: (manager must rill ouf an individual h~istot~ry form}/' tO.What is the local governing body where your business is located7~k+n ~ ~~ ~19~ t ~'_ ~4C,C~~t'~1[ L74~'Y~ ~~ t~ {name of city or c unty) 11. Contact peerson for thislapplicatio/n~• !fl[~. Gf, t) ~ k` t-'S S • - ~J t_2 t ( ~~~ .71(/-~ ~~1arS~ ~..~.. ~1n~~ ~ ~~ii(~ ~ "(~fna5 Way, i~mt-~St~ ~~lq,Y~~: ~~~ I understand that if my answers are not true and complete, the CC may deny my license application. Applicant Signature(s) and Date: O Date ~ ~'"~~~~~ ® ~ ~` Date ~ ~- (~~~ ® Date ®~ Date 1-800-452-ULCC 56522) www.oregon.gov/o cc ~ (rev. 12107) OREGON LIQUOR CONTROL COMMISSION CORPORATION QUESTIONNAIRE ~ 5ee section 2 of Guide far help with this form Please Print or Type Corporation Na Trade Name (dba): Business Location Address: city:~'Q,~ ~ 7. ~~ ~ `~ Corporate Ofi ~~ ~~~ '~.5~ l~l ~ 2'~T C~ ~-~a v~ ~ ~ ~ ~ 2l,~-~ 1av~ ~~. ZIP code: Q~SrC~ :rs; ~1C~ 1~~ ~5 ~ ~ ' I ~ ~~ (titl ~ 1 ~~ List Board of Directors: (name) List Stockholders: (Note: If any stockholder is another legal entity, that entity may also need to complete another Corporation Questionnaire. See Liquor License Application Guide far more infarma#ion.) Stockholders: ' ~~~ ~-~Icty~-QI ct.~nc~ ~~rc~~~u .~%~~ ~o~~ ~~~ IZ bsa ~U~-~ ~ . Server Education Designee:, (See Liquor License Application Gu I understand that if my answers Officer's Signature: Year Incorporated: ~ Number of Shares Held: .- Issued;_ ~ ~ Unissued: (Total Shares Authorized to Issue: for more information) DOB: not true and complete, the OLCC m}a~y, den my IIcense application. --- 'I -QUO-452-OLCC (6522) wwuv.atccstate.or.us ~ (rev. 9/02) RESOLUT'IO~i R~I~iAN~iIVC BL,U~C RASS DOWNS PARK Parks and Recreafion __ Deparfinent Pnl NT C?1 ~gqn Maft Samifore, Manager Jennifer Boardman, Supervisor STAFF REPORT DATE: DECEMBER 3, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JENNIFER BOARDMAN, RECREATION SUPERVISOR MATT SAMITORE, DEVELOPMENT SERVICES COORDINATOR SUBJECT: Re-naming of Bluegrass Downs to William C. Mott Memorial. SUMMARY: Nearly all the current parks are named for the subdivisions in which they are located. This is most often done as aplace-holder until a more suitable name is determined. The Parks and Recreation Commission voted to bring the motion before the City Council for recommendation. Officer Mott served the City of Central Point from 1112003 until his death in 2007; he also served his Country in the Army for four years Willie was assigned to an explosive ordinance disposal EOD unit. In addition to his service in the military and police, Willie -was active in children's athletic programs. Officer Mott participated in youth soccer and little league in Central Point as well as helping with classroom education. The naming procedures allow City Council to name a park with-in the following guidelines. A. City of Central Point public lands and facilities may be named after persons or after aplace or location, or after an event that has created an important legacy or achievement. A person's name is eligible for consideration after two years of their death, with special benefactors excepted. The following criteria may be used by the City Council in determining the appropriateness of the naming designation: 1. A noteworthy public figure or official; 2. A person, place, or event of historical or cultural significance; 3 . Special benefactor {s) diving or dead] 4. A person, group. place, or feature, particularly identified with the public land or facility; 140 S. Third Streef ~ Cenfral Point, OR 97502 ~ 549.664.3329 s Fax 541.664.6384 5. The wishes of the community in which the park or facility is located will be considered; 6. Exceptions to the naming criteria can be approved by City Council if an occasion to recognize the outstanding contributions of a living person is determined. The following criteria may be considered: a. When 50 percent of the value of the park or facility is donated, or b. When "substantially all~~ of the development is donated. c. When public individuals have made a significant contribution over a long period of time to, or have special interest in the park, facility, and/or other civic programs. Parks and Recreation Staff believe both 1 and 5 of the procedure have been met. A full copy of the naming resolution guideline is attached. RECOMMENDED MOTION: Staff recommends City Council adopt the resolution to rename Bluegrass Downs to William C. Mott Memorial Par)C. 140 5. Third Street • Central Point, OR 97502 •541.664.3329 • Fax 549.664.6384 RESOLUTION NO. A RESOLUTION TO RENAME BLUEGRASS PARK TO WILLIAM C. MOTT MEMORIAL PARK WHEREAS, Currently the majority of Central Point parks are named for the sub- divisions where they are located. This naming was done originally as a placeholder until a later time when a more suitable name was designated; and WHEREAS, Resolution 1138 provides guidelines for naming parks, public lands and facilities. Specifically section 3 of the naming criteria provide a provision for the current, re- naming request. Following the current criteria, this re-naming meets the requirements as stated in Resolution 113 8; and WHEREAS, The name change request was brought to the Parks and Recreation Commission who passed a motion to bring the suggested name before City Council; and WHEREAS, Officer Mott was a dedicated officer with the Central Point Police, as well as actively with children's groups throughout the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Central Point, Oregon, does hereby support the renaming of Blue Grass Downs Park to William C. Mott Memorial Park; AND, BE IT FURTHER RESOLVED, that the City Council Passed by the Council and signed by me in authentication of its passage this day of , 2009. Mayor Hank Williams ATTEST: City Recorder Approved by me this day of , 2009. Mayor Hank Williams ~, RESOLUTION NQ. ~13 A RESOLUTION PROVIDING F'OR PUSLhC PROCEDURES AND GUIDELINES FOR NAMING PU$LIC LANDS ANb FACILITIES WHEREAS, the City of Central Point requrer~ consistent guidelines and a p~zbl.ic process for naming pub3.ic lands and facilities. NOW, THEREFORE; BE IT RESOLVED BX THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, that the City's policies and procedures for naming public lands and facilities will be as follows: Section 1. ~ Puacpvse: To provide procedures and guidelines whereby City of Central Point public lands and facilities may be officially named by the City Council. Section 2. Definita.ons Public Land - Lands which are owned or controlled in use by the City of Central Point for the long-term benefit of the community. These lands may be within or outside of the corporate limits. Examples include, but are not limited to, parks, open space, and plazas. Public Facilities - Physical facilities owned or controlled in use by the City of Central Point for the long-term benefit of the community. Examples include buildings, bridges, rooms, and ball fields. Street-naming procedures are covered by a separate City Council policy. SeQtion•3. Namin Criteria: A. City of Central Point public Lands and facilities may be named after persons or after a place or location, or after an event that has created an important legacy or achievement, A person's name is eligible for consideration after two years of their death, with special benefactors excepted. The following criteria may be used by the City Council in determining the appropriateness of the naming designation: ].. A noteworthy public figure or official; 2. A person, place, or event of historical or cultural significance; 3. Special benefactor(s) [living or dead] 4. A person, group, place, or feature, particularly identified with the public land or facility; •- 5. The wishes of the community in which the park or facility is located wall be considered; 6. Exceptions to the naming criteria can be approved by City Council if an occasion to recognize the outstanding contributions of a laving person is determined. The following criteria may be considered: a. When 50 percent of the value of the park or facility is donated, or b. When "substantially a11" of the development is donated. c. When public individuals have made a significant contribution over a long period of time to, or have special interest in the park, facility, and/or other civic programs. B. Because temporary "working" designations tend to be retained, the Parks and Recreation Director will carry out the naming process for a new park facility as early as possible after its acquisition or development. SeCtlori 4. ProCedure$: A. Initiation of Proposed Name 1. Preliminary consideration of naming proposals by City Council may be initiated by a citizen, Council Advisory Committee, Commission, or City Task Force, or elected or appointed official. Naming proposals for public facilities which have not originated from an advisory committee or task force shall be given directly to the City Council through the City Administrator. The Citiy Council will then direct the request to the appropriate advisory committee or task farce for the public notification and review. 2. Prior to naming proposals being t'orwarded to City Council for preliminary review, naming proposals shall be formally reviewed by the appropriate advisory committee(s) or task forces(s}, as determined by the City Council, in public meetings with opportunity provided for citizen input requested through advanced meeting advertisement. The City Council, through the appropriate department, wall solicit public input prior to making a decision on a naming request not assigned to a committee or tas k force for preliminary review. 3. Meeting minutes or staff reports shall be prepared that fully document input received from citizens, committee or task force discussions, and a specific naming recommendationts) for preliminary review of City Council. S. Preliminary City Council Review and Formal Decision 1. The item will be placed on the City Council meeting agenda for discussion and action. Minutes from committee or task force meetings which include a naming recommendation, or an appropriate department staff report, will be transmitted to the City Council for review. 2. City Council, after consideration, by motion and majority vote may: a. Formally name a public land or facility, or b. Formally reject a naming proposal, or c. Hold a public hearing. 3. The decision of City Council to name or reject a recommendation to name, public lands or facilities at preliminary review is subject to review by appeal. C. Additional Public Input and Public Hearing ~1. If additional public input is needed, the City Council, prior to making a formal decision on a naming proposal, will hold a public hearing no sooner than 3a days following the Council meeting at which xecomrnendations were received by the Council. That public hearing will be announced at least 1Q days in advance by a block advertisement in a local newspaper. 2. The purpose of the public hearing is to provide opportunity for additional public input, 3. City council will do one of two things at this time: a. Formally name a public land or facility, or b: Formally reject a naming proposal. D. Formal City Council Decision: A formal decision of a naming recommendation-may be made at the time of: 1. Preliminary review or following; 2. Additional public input and public hearing. 3. Any decision to name a public land or facility or reject a recommendation to name a public land or facility, is subject to review by appeal. E. Appeal Procedure 1. Any decision to name or reject a recommendation to name a public land or facility is subject to review by City Council through appeal. Appeals must be filed in writing with the City Recorder within 30 days of .the formal Council decision. 2. Written appeals shall include: a. Name and addxess of persons requesting reconsideration, b. A statement of specific grounds for appeal, c. A specific naming recommendation for the subject public land or facility. 3. If written appeal is filed in the appropriate time period, the public land or facility-naming decision at issue will be suspended until that name is reaffirmed, modified, or deleted by City Council. 9. Properly filed appeals shall be forwarded to City Council. In considering appeals, the Council, by motion and majority vote may: a. Dismiss the appeal with no further review, b. Act on the appeal upon review without further input, or c. Set a public hearing date for additional citizen input regarding the appeal, and then modify, reaffirm or delete the public land or facility name. 5. Once formal action on an appeal has been completed by City Council, the public land or facility name shall become effective immediately, as applicable and as determined upon City Council decision. The City Administrator shall determine the appropriate 6. There is no fee associated with an appeal. A11 citizens are considered to have a standing in public land and facility naming matters, regardless of residency. F. Public Nota.ficatioris 1. The City Council finds widespread public involvement essential in considering naming of public lands and facilities. It is the intent of this policy that committee or task force meetings and individual citizen recommendations are adequately advertised and opportunity exists for citizen input prior to developing recommendations for preliminary Council review. Advertisements sha11 specify the public land or facility being discussed and any proposed recommendations which may exist. ~r N 2. If additional input is desired by Council, advance notice will be provided fox City Council public hearings. 3. Chairs of the advisory committees, task forces, and appropriate city departments, on behalf of the City Council, are charged with the responsibility of ensuring adequate opportunity is provided for citizen input throughout the process. 9. The City Council may amend the naming procedures at any time to facilitate appropriate levels of citizen involvement. Passed by the Council and its passage this ~_day ATTEST: sign d by me in authentication of of , 2007. .. Mayor Hank Williams ,L-~c,~ Y City Repres tative h APPROVEp by me this day of , 2007. .-- Mayor Hank Williams R~SOLUTIONC R~QUESTI~iC T'RAI~SF~R OF ~IURISD~CTIO~i OF' FR~EMA~i F~OAD STAFF REPCJ~T Rlanning f~i~pal"tm~nt Tout Hur~phrey,AICP, Community pevelppment Director/ A55istaht City Adrninlstratar TO: Honorable Mayor & City Council FROM: Tom Humphrey, AICP SUBJECT: Resolution Requesting that Jackson County Transfer the Jurisdiction of Freeman Road to the City of Central Point DATE: December 10, 2049 Background The County Board of Commissioners has assumed a policy that any local {city} action requiring their approval will be accompanied by the jurisdictional transfer of a county road and/or rights-of--way. In the case of Central Paint, the County is asking the City to accept jurisdiction of Freeman Road before they sign an IGA affecting property elsewhere Central Paint. The City may have drawn attention to Freeman Road earlier this year which made its jurisdiction mare of an issue for Jackson County. In any event, the Board is resolute on this matter and has indicated that it will expedite the IGA for Twin Creeks Crossing once the City assumes responsibility for Freeman Road. A Resolution to transfer Freeman Road and an IGA for the Twin Creeks Crossing should be separate Council actions even though one decision affects the other. It should be pointed out that Freeman Road is not a high priority for the City and that no funds have been set aside far either its maintenance or its improvement in the near future. The City did however invest $12SK in roadway design in 2007 should the Council .decide to change its priority. The Public Works Department estimates that it would cost $204K to overlay the road and preserve it for the next ten years. There is the passibility that CMAC monies could be used from other City projects to rebuild Freeman Road if the Council determines this to be worthwhile. This issue was discussed at length during a recent Council Study Session and the consensus was for the City to proceed with this resolution. The attached resolution has been reviewed by legal counsel and public works staff on bath sides and is ready for adoption. Action Staff is recommending that the City Council approve the attached resolution, A Resolution Requesting that Jackson County Transfer the Jurisdiction of Freeman Road to the City of Central Point. Attachments A. Resolution No. ~ A Resolution Requesting that Jackson County Transfer the Jurisdiction of Freeman Road to the City of Central Point. Page 1 of 2 ATTACHM~~VT " ~ " RESOLUTION NO. A RESOLUTION REQUESTING THAT JACKSON COUNTY TRANSFER THE JURISDICTION OF FREEMAN ROAD TO THE CITY OF CENTRAL POINT WHEREAS, Policy 1 of the Central PointlJackson County Urban Growth Boundary and Policy Agreement (Revised 1998) states that, the City of Central Point shall have primary responsibility for all future urban level development that takes place within the City and urban growth boundary area; and WHEREAS, Freeman Road improvements have been identified as a Tier 2 Project in the City's 2030 Transportation System Plan, and WHEREAS, it is in the City's best interest to control jurisdiction of roads within its city limi#s for purposes of efficiency and enforcement. NOW, THEREFORE, BE IT RESOLVED that pursuant to ORS 373.270{6}(a} the City Council of the City of Central Point requests that Jackson County transfer jurisdiction of Freeman Road from Chestnut Avenue to Hopkins Road to the City for purposes of maintenance, planning and capital improvement. Passed by the Council and signed by me in authentication of its passage this day of December, 2009. ATTEST: City Representative Mayor Hank Williams Approved by me this day of December, 2009. Mayor Hank Williams ~0 ~NTERC~OYEI~NM~I~ITAL AC RI~I~M~I~iT TO IMPROYI~ 8C ~L,IMINATE RAILROAD ~ROSSIItiICS STAFF REi'~RY Punning Dep~rtlnent Torin Humphrey, AtCP, +coi~munity D~v~lopment DiPector/ ASSistant Glty Adrrnlnistraiar TO: Honorable Mayor & City Council FROM: Tom Humphrey, AICP SUBJECT: Twin Creeks Crossing Intergovernmental Agreement (IGA) with Jackson County DATE: December 10, 2009 Background The City has worked for several years to get a new railroad crossing for the Twin Creeks Transit Oriented Development {TOD) in the vicinity of Cratar High School and a PP&L electrical sub-station. ODOT Rail Division issued a Proposed Final Order in May 20Q6 with various conditians. In order to receive a Final Order for construction, ODOT requires the City to enter into an IGA with Jackson County {see Attachment A). This agreement obligates the County to close an existing railroad crossing (Seven Oaks in this case} in favor of the new crossing at Twin Creeks. It obligates the City to make improvements to the Scenic Avenue railroad crossing and to reimburse the County far costs to eliminate Seven Oaks crossing. This issue was discussed at length during a recent Council Study Session and the consensus was for the City to proceed with this IGA. The IGA has been reviewed by legal counsel and public works staff on both sides and is ready for adoption. Action Staff is recommending that the City Council approve the attached Intergovernmental Agreement with Jackson County in order to satisfy ODOT Rail Division conditions of a Proposed Final Order to construct Twin Creeks Railroad Crossing. Attachments A. Intergovernmental Agreement [to] Improve and Eliminate Railroad Crossings ~~ Page 1 of 1 ATTAC~#M~NT ". ~ " INTERGOVERNMENTAL AGREEMENT IMPROVE AND ELIMINATE RAILROAD CROSSINGS This agreement is made: and entered into by and between Jackson County, Oregon, a political subdivision ofthe State of Oregon, hereinafter referred to as "County", and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". County and City are collectively referred to as "Parties". RECITALS A. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION", the County is authorized to jointly provide for the performance of a function or activity in: eoo~eration with a "unit of 1oca1 government" that includes a commission or other governmental authority in Oregon. By acceptance of this Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with the County. B. City has applied to the Oregon Department of Transportation ("ODOT") Rail Division for autho~ty to construct a rail crossing (ODOT Crossing No. C-446,35) from Highway 99 to the Twin Creeks Transportation Oriented Development to the west on Twin Creeks Crossing. C. ODOT Rail Division has prepared a proposed final order authorizing construction of the crossing, with the pre-condition that County and City first enter into an agreement that results in the elimination of an existing public grade rail crossing. Based on the foregoing, the parties agree as follows: AGREEMENT 1. County Responsibilities: A. Elimination of an At-Grade Crossing. County agrees that upon completion of the upgrades by City to the Scenic Avenue rail crossing as described in City Responsibilities paragraph 2A, below, County wi11 initiate the legal process to eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C- 447.70 or some other public at-grade crossing on the 5iskiyou mainline in Jackson County, subject to approval by the ODOT Rail Division. 2. City Responsibilities: A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic Avenue and Highway 99, which is identified as ODOT Crossing No, C-447-10 is in need of upgrading. City agrees to construct the necessary upgrades to that crossing to the satisfaction of County and the ODOT Rail Division, including Intergovernmental Agreement -Jackson County / - 1 1~ necessary elevation changes, vehicle traffic signals, and an interconnection with the crossing signals. The City will complete all engineering design, rightWof~way purchase, perxxiit acquisition; public notica and cootdirintl+~rt, construction; and construction u~sp~ctfon. These. upgrades will be oor~~structEd at ~xty'e~c~ense. The City will provide>the County engineered glens for our review and approval prior to construction. The City a~reES to begin work on such project as soon as practicable and to pursue completion with reasonable diligence, B. Elimination of an At-Grade Crossing. If the Board of Conunissioners agrees to remove the Seven Oaks Road crossing identified as ODOT Crossing No. C- 447.70, or some other public at-made crossing on the Siskiyou mainline in Jackson County, City agrees that upon completion of the upgrades to the Scenic Avenue crossing as described in City Responsibilities at paragraph 2A, City will reimburse County for the costs to eliminate said crossing. 3. APPU1tT~ONMENT FUR FUNDING A. City shall pay all construction costs for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at- grade crossing on the Siskiyou mainline in Jackson County. The County will provide an engineered design for this closure. B. City shall pay for all costs associated with upgrades to the Scenic Avenue crossing discussed in paragraph 2A and as identified as ODOT Crossing No. C- 447.10. C. County shall pay for an engineered design for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at- grade crossing on the Siskiyou mainline in Jackson County. D. In the event insufficient funds are appropriated for the payments under this Agreement and the County has no other lawfully available funds, then the County may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to City. The County shall deliver written notice to City of such termination no later than thirty (30) days from the determination by the County of the event ofnon-appropriation, Intergovernmental Agreement -Jackson County / - 2 ~~ 1~ 4. LIMITATIONS OF LIABILITY All parties agree that each party shall nat be subject to claim, action, or li~.bility arming in any matvner whatsoever out of any aat or omission, inta~r~i Lion, or cessation of services b~ the-other party under this agreement. Eaeh party shall not be lialc or responsible for any direct, indirect special or consequential damages sustained by the othsr party to this agreement, including, but not fimited to, delay, or interr4-ption of businESS activi#ies that may result in any manner whatsoever from any act or omission, interruption, or cessation of services. 5. INDENfNIFICATION Subject to the limitations and conditions of the Oregon Tort ~laiins Act, ORS 34.264 et seq., and Article XT, Section 10 of the Oregon Constitution, each Party to this agreement shall be solely responsible for its own actions and/or failure to act and shall indemnify and hold the other party harmless from any liability, cost or damage a~sing therEfl~am. Provided, however, that neither party shall be. required to indemnify tlae others for any claim, loss or liability arising solely out of the wrongful act of the others offiecrs, employees or agents. The provisions of this paragraph shall survive the expiration or sooner termination of this agreement. 6. CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT a. This Agreement shall not become effective until all parties hereto have executed this Agreement. b, This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding-(collectively, "the claim") between fihe County {and/or. any other County or. department of the State of Oregon} and the City That arises ~&om or relates to tli~ Agreement shall be brought acrd conducted solely and exclusively within the Circ~,ut Court of Jackson County for the Mate of Oregon. If, however;-the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed im Jackson County, Oregon. c. Agreement Managers: i. County has designated as its Agreement Manager: John Vial, Roads and Parks Director, 200 Antelope Rd. White City, OR 97503 {541} 77~}-6238 vialj~~i acksoncounty. org Intergovernmental Agreement -Jackson County / - 3 14 ii. City has designated as its Agreement Manager: Chris Cl~.yton, Deputy Public 'Works Director, 455 S. 4s' Street C~ntr~l P.oiiat~ OR 97502 (541) 6d4-1547 ChrisG~li~,Cl.central-point.or.us iii. The governing bodies of City and the County may designate successor Agreement Managers in each of their sole discretion. All notices required or convenient to be given under this Agreement shall be given, in writing, or by a-mail, by the Contract Manager, directed to the other Agreement IVlanager. THIS AGREEMENT CONTAINS THE ENTIRE .~.GREEMENT BETWEEN THE PARTIES HERETO AND SUFERSEDES ANY AND ALL PRTOR EXPRESS ANDIOR IMPLIED STATEMENT'S; NEGO~"IATIUNS ANp/OR A.G`rREEIVIENTS BETWEEN THE PARTIES, EI'TI~ER bRAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIRIED IN AN'Y WAY, EXCEPT BY WR:IT~"EN AGREEMENT SIGNED BY ALL PARTIES HERETO. Intergovernmental Agreement -Jackson County / - 4 1N WITNESS WHEREOF, the parties hereby enter into this agreement. Each party, by signature below of its authorized representative, hereby aciuiowledges that it has read this Agrecrnent, understands it, and agxees tb be hound by its terms and conditions. Each person signing this Agreement represents and warrants to have artthority to execute this Agreement. JACKSON COUNTY OREGON Danny Jordan Date County Administrator CITY OF CENTRAL POINT By Date Title Approved as to Legal Sufficiency Sr. Assistant County Counsel Intergovernmental Agreement -Jackson County / - 5 i6 FIRST READING ~ QRDINANGE PERTAINING T4 CATER Staff Report Finance Depar-rment Bev Adams, Finance ©irecwr TO: Mayor & Council FRAM: Bev Adams, Finance Director ~ Chris Clayton Assistant Administrator SUBJECT: Water Rate Ordinance DATE: December lot". zoog Background: The City of Central Point has recently conducted a water ra#e study and has deterrrtined from the findings of #hat study tha# it is in the best interest of the City's water utility service business that water usage cafes and fee. structure should be amended. The water rate and #ee structure amendments- include changing. #rom a flat rate structure to a block rate structure to encourage water conservation and provide for a more equitable billing based on customer water usage, which will provide financial stability for the water fwnd; furtoermore, this ordinance also updates and consokdates the water code, so that some previous ordinances are repealed. While the attached ordinance amends the rate structure, specific rates will be considered in resolution format at the January 14t", 2010 City Council Mee#ing. Recommended Action: That Mayor and Council consider the first reading of the attached Water Rate Ordinance. Note: Staff has included a draft of the rate resolution to be considered on January 94"', 2090 as an informational attachment. 1~ ORDINANCE NO. AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE TITLE 13 PERTAINING TO WATER Recitals 1. The City of Central Point has recently conducted a water rate s#udy and has determined from the findings of #hat study that it is in the best interest of the City's water utility sen-ice business that water usage rates and fee structure should be amended; 2. The water rate and fee structure amendments include changing from a flat rate structure to a block rate structure to encourage water conservation and provide for a more equitable billing based on customer water usage, which will provide financial stability for the water fund; and 3. This ordinance also updates and consolidates the water code, so that some previous ordinances are repealed. Now, therefore, the people of the City of Central Point, Oregon do ordain as follows: Section 1. Central Point Municipal Code Title 13 is hereby amended to read as follows: Title 13 Water Chapters: 13.01 Definitions 13.04 Water rates and regulations 13.08 Standby water service 13.16 Water rate discounts for extreme hardship 13.20 Cross-connec#ion control 1~ Chapter 13.01 DEFINITIONS 13.01.010 Definitions As used in this title, the singular includes the plural and the following words shall have their assigned meanings: "City" means the city of Central Polnt, Oregon. "Customer" means an individual, firm or corpora#ion receiving water service andlor standby water service from the city. "Main" means a water line designed or used to service more than one premises. "Month" means the period approximating one month in length and coinciding with the dates on which water meters are read. A fraction of a month shall be regarded as a full month. "Off-site alarms" means alarms that signal when triggered at acity-approved location other than the premises at which the standby water service is located. "Premises" means a continuous #ract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment thereof. "Service connection" means the pipe, valves and other facilities laid from the main to and including any meter, or to the curb stop or shutoff valve on an unmetered service. "Standby water service" means the provision of water for #ire protection in a system whereby the water is designed to be available for use but not actually used except in the event of a fire. ~~ Chapter 13.04 WATER RATES AND REGULATIONS Sections: 13.04.010 Water Rates 13.04.020 Water service deposit. 13:04.030 Water month designated. '! 3.04.040 ^iscontinuance of water use--Refunds. 93.04.050 Payment due date-Delinquent charges and reconnection fees for an existing water service. 13.04.060 Leak adjustments. 13.0.4.070 Dates redefined by finance director. 13.04.080 ~ New water service connections-Fees. 13.04.090 Water connection outside city. 13.04.900 Separate buildings. 13.04.110 Water use from fire hydrants. 13.04.120 Unpaid accounts-Termination of service. 13.04.13D Water cut-off by city. 13.04.140 Authorization to adopt water curtailment plan. 13.04.150 Unlawful acts. 13.04.010 Water Rates A. Water rates, which are adopted by resolution, are based on a cost of service structure and are defined by the following categories; residential, commercial and standby, and irrigation. Special rate considerations are also established for Hidden Grove, Jackson County Expo, Hardship Discounts, and an Outside City Factor. Water rates will generally include the following: a monthly fixed base charge, a fixed monthly repair and replacement fee, and usage rates based on consumption. Rates are also defined by meter size, and water usage rates are based on an inclining scale. B. Any amount of water used shall be paid for at the rate specified within the water rate schedule adopted by resolution based per one hundred cubic feet, or fraction thereof. C. The rate for use of water outside the city limits shall be one and one-half times the rate charged to users within the city. D. Water rates and associated fees may be modified annually by resolution as deemed necessary by the city council. E. All water connections will be billed a nonrefundable account maintenance fee of ten doAars. `~~ F. Water connections or reconnections made on regular work days between the hours of four-thirty p.m. and eight a.m., weekends, or holidays are considered after hours and will be assessed an additional seventy-five-dollar-fee. G. Water connection charges for bulk water drawn from fire hydrants will be charged according to the water rate schedule adopted by resolution, plus a $150 account set up fee. H. Standby water service or fire protection water service charges will be according to the wa#er rate schedule adopted by resolution I. Accounts turned off for nonpaymen# will be assessed athirty-five-dollar fee upon reconnec#ion. J. Athirty-five-dollar fee will be charged for all dishonored payments. K. A wa#er meter fee of two hundred fifty dollars will be charged for each meter. L. A wa#er tap fee of two thousand seven hundred dollars will be charged for each new connection from the meter to the city water line. M. Compound me#ers are assessed a monthly base rate, plus repair and replacement fees according to the largest sized compound meter; with the smaller bypass meters charged for water consumption only. 13.04.020 Water service_deposi#s. Water service deposits are no longer required or collected. Previous to the writing of this ordinance, all deposits collected were refunded as a credit back to the customer's account. 13.04.030 Water month designated. For purposes of computing water charges, a month shall be a period from the twentieth day of each month to the twentieth day of the succeeding mon#h. Meter reading shall be done on or about the twentie#h day of each month and done in such a manner to provide, as nearly as practical, tweive equal periods between readings. 13.04.040 Discontinuance of water use--Refunds. Any person desiring to discontinue the use of water shall give notice #o the finance director, or hislher designee, of such intention. Any prepayment on account of such water service over and above the amoun# awing by such user shall be refunded to said user. If such refund is not claimed within one year, it shall be turned over to the State of Oregon Unclaimed Property Program with the Department of State Lands. 13.04.050 Payment due date--Delinquent charges and reconnection fees for an existing water service. A. All water use charges shall become due on the tenth day of the month following the meter reading da#e and, if unpaid, shall become past due on the eleventh day of the same month. A delinquent charge of flue dollars shall be added to any water account balance of twenty dollars or mare on ~~ the tenth day that the account is past due. Any account past due more than thirty days shall be notified of the city's intention to terminate service in accordance with Section 13.04.120. Ifwater service has been discontinued due to nonpayment of water use charges, a fee will be charged in accordance with Section 13.04.010. Reconnection requests will be accepted only at City Hall during regular business hours. B. The finance director, or his/her designee, shall have the authority to allow, under special circumstances, a customer's water service to be temporarily activated without following the normal procedures described in this chapter. The aforementioned temporarily activated water service shall remain activated for no longer than ninety-six hours. C. A fee in accordance with Section 13.04.120 will be charged for a!I dishonored payments. The finance director, or his/her designee, shall have the authority to immediately discontinue water service to any customer whose payment for reinstatement of water services has been dishonored. The finance director, or hislher designee, shall also have the authority to require future payments by said customer to be made by cash, money order, or certified check. D. The finance director, or hislher designee, shall have the authority #o allow customers to pay a delinquent accoun# in regular, mutually agreed to, equal amounts. The finance director, or hislher designee, shall also have the authority to waive fees when deemed appropriate. Water customers requesting a payment plan or a waiver of fees may receive such benefits only one time in any one twelve-month period. E. All outs#anding fees and charges must be paid to the city finance department prior to reconnection of the water service. 13.04.060 Leak adjustments. A. Residences with a probable water leak may apply for an adjustment to their water bill. The request for adjustment must meet the following cri#eria: 1. Application must be on achy-approved leak adjustment request application form; 2. The leak must be substantiated by the public works department; 3. The leak must be repaired within fifteen days of discovery by the water user or within fifteen days of notification to the city, whichever is sooner. B. Leak adjustments are intended for water line leaks that cause an abnormally high monthly water bill. Adjustments will not be granted for improperly set irrigation systems, or excessive watering, or water lines broken as a result of negligence. C. Satisfactory proof of repairs must be submitted with required application. Satisfactory proof of repairs must include: 1. A description of the repairs that were done; 2. A copy of the repair bi11 or receipts for necessary parts to complete the required repairs. ~~ D. The city will assume no responsibility for costs associated with the repair. E. Water bill adjustments caused by leaks will be for one-half of the total water consumption over and above the average consumption for that residence. The average consumption will be calcula#ed by using the consumption for the same month's billing cycle as in the previous three years. In the event that three years of water consumption records are not available, the finance director, or hislher designee, will determine the average consumption based on the best information available. F. Leak adjustmen#s will be allowed once per year, per esidence. Exceptions, due to extraordinary circums#ances, to this rule may be authorized by the finance director or hislher designee. 13.04.070 Dates redefined by finance director. In order to promote efficiency within and among city departments, the finance director may, at hislher discretion, redefine the respective dates for meter reading, water use billing, payments due, delinquencies, and service discontinuance 13.04.080 New water service connections--Fees. A. No connection shall be made with any water line of the city until a permit and payment of fees as required in this section has been completed. B. Permits may be issued upon application to the building department administrator, or hislher designee, under the terms and conditions set forth in this section, provided water is available. C. Applications for new connec#ions shall include: 1. A legal description (tax map and tax to#) of the parcel of land proposed to be connected. 2. A plot plan of the property, drawn at an acceptable scale on an eigh#-and-one-half-inch by eleven-inch sheet of paper including all existing and proposed roads, driveways, sidewalks, buildings, other utilities (electric, phone, cable T.V., natural gas, etc.), and water meters. 3. Name, address, and phone number of the applican#, 4. Name, address, and phone number of the person to be billed for the water service. D. No water connec#ion permits will be issued to any person who has a thirty-day past due water bill, unpaid SDC, or any other unpaid bill due the City. E. At the time of installation, ownership of the water meter shall revert to the city. As a condition of such connection, the city shall provide routine maintenance of the water meter thereafter. F. !t shall be the duty of the owner of the property being served by a water service to protect hislher water service connection, including water meter, meter box, angle meter valve, and all o#her associated water meter appurtenances, from damage. In the event of damage, the city public works department will make all necessary repairs. A bill for the cost of ~~ repairs will then be added to the property owner's next available water bill. Acts of God, natural disasters, and defective equipment shall be exempted from the property owner's responsibilities to protect hislher water service connection as described herein. The finance director, or hislher designee, shall have the authority, under special circumstances, to waive or adjust repair costs associated with damage to water service connections as described herein 13.04.090 Water connection outside city. A. Requests for connection to the city's water system on properties lying outside the city limits shall be made by application on such form as provided by the city. Such application shall be forwarded to the public works director, or hislher designee, who may approve or deny, with just cause, such requests. B. ff the public works director/designee approves the request, helshe shall cause the connection to be made. Upon approval of the permit, the person requesting the connection shall pay all applicable fees and charges as described in this title. 13.04.100 Separate bindings. In no case shall two or more buildings be connected to a single water service with a single meter. Multiple water meters to a single building are discouraged, but under special circumstances multiple wa#er meters to a single building may be allowed with written permission from the public works director ar hislher designee. 13A4.110 Water use from fire hydrants. A. Any person, firm or organization desiring to use water from a city fire hydrant, other than personnel from any fire department, shall apply to the public works director at least five working days in advance of the date of the requested use. B. The public works director, or hislher designee, may allow such a request in the absence of a conflict with the city's purposes; provided, that the applicant complies with the following conditions: 1. Agrees to the metering of said water use by the city. 2. Pays all fees and charges for athree-inch water meter as described in Section 13.04.010 set forth in this chapter. 3. Pays the water bill in accordance with the payment schedule described in Section 13.04.050 of this chapter. 4. Is subject to termination of service for unpaid charges for water service as described in Section 13.04.120 of this chapter. 5. Does not have an outstanding unpaid bill for fees or charges associated with water use in the city of Central Point. 24 6. Agrees to reimburse the city for all incurred costs associated with any damage to city-owned equipment caused as a result of taking water. C. Upon issuance of the permit to take water from a city fire hydrant, the public works director, or hislher designee, will assign a fire hydrant to be used by the permittee and attach thereto, with chain and lock, an approved hydrant meter and back flaw prevention assembly. D. Personnel from any fire department, using water #rom a city fire hydrant, shall report such usage to the public works director, or hislher designee, within five days following the date of such usage, together with an estimate of the amount of water used. 13.04.120 Unpaid accounts--Termination of service. In the event of unpaid charges for water service, repair bills, connecting service or reconnecting service, the city may terminate service to the account premises in accordance with this section. In the event the city intends to terminate service because of an unpaid account, the following procedure shall be followed: A. A notice shall be sent to the owner of the property a# the address of record, and to the customer at the address to which billings have been mailed. However, if any addresses are the same, only one notice need be sent to that address. B. The notice shall state the city's in#ention to terminate service seven calendar days after the date of the mailing of the notice, and shall also contain the following language: "if you feel that there is a mistake on the bill or if you wish to dispute the amount of the bill, or you wish to dispute the termination of service, you may do so at Central Point City Hall during designated office hours prior to the expiration of seven calendar days from the da#e of the mailing of this no#ice." C. In the event a cus#omer disagrees with the intended termination of service, the finance direr#or or hislher designee shall provide an opportunity for the customer to be heard in a conference prior to the termination of sen-ice. D. The finance director or hislher designee shall, after the passage of seven calendar days from the date of the mailing of said notice, or following the conference referred to above if one is requested and attended, or following the date scheduled for the conference i# one is requested and the customer fails to attend, have the authority to #erminate service upon a finding that the charges have been accurately stated and have remained unpaid for a period of more than thirty days after the earliest of the charges was billed. 13.04.130 Water cut-off by city. The city shall attempt to notify customers in the event that water service needs to be temporarily curtailed. However, water may at any time be shut off from the mains without notice for repair, extensions or other necessary purposes, and the city shall in no instance be held liable or responsible for any damages caused thereby. Where the city intends to voluntarily cu# off water service at a planned future time and where such cut-off is under ~J such circumstances as to permit notice to be given, the public works director, or hislher designee, shall cause notice of said cut-off to be delivered to the water customers affected thereby, either by direct contact, by telephone, by mail, by email, or by publication of notice in a newspaper of local circulation. 13.04.140 Authorization to adapt water,curtailment.plan. In the event of an emergency, the city council may, by resolution, adopt a water curtailment plan to be effective in the city whenever enacted pursuant #o the terms of such plan. Such water curtailmen# plan may be amended by resolution from time to time, as necessary. '! 3.04.150 Unlawful acts. A. It is unlawful for any person, other than an official representative of the city, to do any of the following: 1. Reconnect any water service after the same has been disconnected by the city for nonpayment of sen-ice charges or any other reason; 2. Disconnect or remove any lock or locking device placed on the meter by the city intended to prevent the use of water; 3. Connect any water sen-ice without first filing an application for connection to the city water system and paying all associa#ed fees and charges required for said connection; 4. Connect any wa#er service after application thereof has been denied for good and sufficient reason; 5. Allow a water meter to become inaccessible so that it cannot be serviced by the city. B. It is also unlawful for any person to do any of the following: 1. Verbally or physically harm or threaten any city employee in the act of completing hislher job. 2. Attempt, in any way, to prevent the city from reading or servicing a water meter. 3. Impede any city employee from performing hislher jab. ~6 Chapter_13.08 STANDBY WATER SERVICE Sections: 13.08.020 Requirements. 13.08.030 Charges for service. 13.08.040 Water use. 13.08.050 Inspection . 13.08.060 Pressure and supply. 13.08.070 Violations. 13.08.020 Requirements. All standby water service systems shall be subject to the following requirements: A. A detector check or full-flow water meter shall be required for all standby water service systems except systems with water-ac#ivated off-site alarms. B. Premises not having such off-site alarms shall install detector check meters on their standby water service systems within thirty days of notice in writing by the public works director or hislher designee of the requirements of this chapter. C. The public works director or hislher designee shall be notified not less than seven days prior to any system testing or drills which result in the flow of water through any standby water service system. 13.08.030 Charges for service. A. The monthly charge for standby water service shall be five dollars per month. In the event of water use by a standby water service system with a full-flow meter, charges shall be the standard wa#er use charges set forth in Chapter 13.04. In the event said water is used in a system having other than afull-flow meter, the public works director or his/her designee shall estimate the volume of water used and apply such rates thereto. B. The customer shall pay the full cost of installa#ion of the standby water service connection, the required meter and any special water main installed solely because of the customer standby water service system. 13.08.040 Water use. A. In the event that periodic readings of a detection meter at a standby water service system indicates water flow, the customer shall, within ten days of notification by the city, investigate and report the nature and extent of the usage to the city public works director. B. In the event of a failure by the customer to comply with subsection A of this sec#ion, or in the event leakage persists following customer's attempt to -1 ~~ w "~ repair the same, the city shall require the instaNation of a full filow meter on said system at customer's expense. In addition, the customer will thereafter be charged for wafer use on the basis of the full-flow meter usage. InstaAation of the ful!-flow meter shall. be completed by the customer within twenty days of official notification by the city. In the event of the failure by the customer to install such a meter upon notification, the city may, at its option, discontinue water service to the customer. 13.08.050 Inspection. The city assumes no responsibility for inspection or testing of standby wafer service systems or fire protection sprinkler systems but the city shall have the right to make or require to be made such inspection or testing at reasonable intervals. 13.08.060 Pressure and sugply. The city assumes no responsibility for loss or damage because of lack of water or pressure and shall furnish such quantities and pressures as are available in its general distribution system. The service shall be subject to shutdowns and variations as required by the operation of the system. 13.08.070 Violations. Any violation of this chapter shall be punishable under the general penalty ordinance set forth in Chapter 1.16 of this code. 2~ Chapter 13.16 WATER RATE DISCOUNTS FOR EXTREME HARDSHIP Sections: 13.16.010 Qualification for discount. 13.16.020 Application. 13.16.030 Amount of discount. 13.16.040 Unlawful acts-Penalties. 13.16.010 Qualification for discount. Any household being served by city water and with a combined, total income falling below the federal poverty level shall be considered eligible to apply for a water rate discoun#. Persons applying for a water rate discount must be the person who has signed up for the water service, a water customer of the city and the head of a household. 13.16.020 Application. Any person desiring to receive the water rate discount must be the occupant of the residence and must submit an application to the city on forms to be provided by the city. Subsequent to initial qualifications for utility discount, any person must reapply on or before June fifteenth of each year thereafter. The finance department shall determine whe#her any applicant meets the qualifications and requiremen#s for discount as set forth in this chapter 13.16.030 Amount of discount. The amount of discount for eligible persons, provided under this chapter, shall be fifty percent of the regular rate for water, inclusive of the fixed minimum rate es#ablished in Chapter 13.04. 13.16.040 Unlawful acts--Penalties. It is unlawful for any person to make, assist in making or to derive the benefits from any false application for discounts provided under this chapter. In addition to other penalties provided by law, the city shall be entitled to recover from any person or persons receiving the benefit of discounts as a result of any false statement made in any application the amount therefore, including interest at the rate of nine percent per year from the date such discounts were granted. ~~ Chapter,13.20 CROSS-CONNECTION CONTROL Sections: 13.20.010 Purpose. 13.20.020 Definitions. 13.20.030 Backflow prevention assembly {BPA) requirements. 13.20.040 BPA installations in the rights-of--way. 13.20.050 Installation requirements. 13.20.060 Maintenance and testing requirements for BPAs. 13.20.070 Inspection and testing of BPAs. 13.20.110 Mobile units. 13.20.120 Multiple connections. 13.20.130 Thermal expansion. 13.20.140 Pressure loss. 13.20.200 Tester requirements and responsibilities. 13.20.310 Water service termination. 13.20.320 Notice of appeal. 13.20.400 Permits and fees. 13.20.010 Purpose. The purpose of this chapter is to protect the water supply of the city from contamina#ion or pollution due to any existing or potential cross-connections, and to implement and enforce the requirements of OAR Chapter 333, Division 61, for public water systems. No cross-connections shall be created, installed, used or maintained wi#hin the area served by the city, except in accordance with this chapter. The standards set forth in this chapter are considered to be minimum requirements for safe practice in the delivery of water for domestic use. They are #o be interpreted as meeting only the minimum requirements for design, construction, maintenance, tes#ing, and operation for cross-connection control. The cost of complying with this chapter is the sole responsibility of the property owner and water service customer, as described herein. The city's adopted plumbing codes and the requirements of OAR Chapter 333, Division 61, are incorporated and made a part of this chapter; if conflicts arise between the requirements of this chapter, the codes, or OAR 333-61, the more restric#ive shall apply. 13.20.020 Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Approved backflow prevention assembly" or "backflow assembly" or "assembly" means an assembly to counteract backpressure or prevent backflow or back siphonage. This assembly must appear on the list of approved assemblies issued by the Oregon Health Division and be as specified in the city's PWD standards. These assemblies include: ~~ 1. Air-Gap. A physical vertical separation between the free-flowing discharge end of a potable water supply piping andlor appurtenance and an open or nonpressure receiving vessel, plumbing fixture or other device. An "approved air-gap separation" shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device--in no case less than one inch. 2. Reduced Pressure Principle Backflow Prevention Assembly or Reduced Pressure Principle Assembly or RPBA Assembly or RP. An assembly containing two, independently-acting, approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shut-off valves at the inlet and outlet ends of the assembly. 3. Reduced Pressure Principle Detector Backflow Prevention Assembly or Reduced Pressure Detector or RPDA. An assembly composed of a line-size approved, reduced pressure principle assembly with a bypass containing a specific water meter and an approved reduced pressure principle Backflow prevention assembly. The meter shall register accurately in cubic feet or gallonage for very low rates of flow. 4. Double Check Valve Backflow Prevention Assembly DCVA or Double Check Valve Assembly or Double Check or DCA. An assembly which consists of two, independently operating check valves which are spring-loaded or weighted. The assembly comes complete with ashut-off valve on each side of the check valves, as well as test cocks to test the check valves for tightness. 5. Double Check Detector Backflow Prevention Assembly or Double Check Detector Assembly or DCDA. An assembly composed of a line-size approved double Check assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately in cubic feet or gallonage for very low rates of flow. 6. Pressure Vacuum Breaker Backflow Prevention Assembly PVBA or Pressure Vacuum Breaker or PVB. An assembly which provides protection against back siphonage, but does not provide adequate protection against backpressure Backflow. The assembly is a combination of a single check valve with an air inle# valve, which can be used with downstream shut-off valves. In addition, the assembly has suction and discharge shut-off valves and test cocks which allows the full testing of the assembly. "Auxiliary wa#er supply" means any water source other than the city's water system, including, but not limited to, domestic water wells and irrigation water sources. "Backflow" means the flaw in the direction opposite #o the normal flow or the introduction of any foreign liquids, gases, or substances into the city's water system. "Backpressure" means any elevation of pressure in the downstream piping system above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow and the introduction of fluids, mixtures or substances from any source other than the intended source. "Back siphonage" means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system. "BPA" means any Backflow prevention assembly approved by the city. 31 "City" means the ci#y of Central Point, Oregon, or its designee. "City water system" means the system for providing piped water for human consumption to the public ("potable"), owned and opera#ed by the city. "Contamination" means the entry or presence in a public water supply system of any substance which may be harmful to health or the quality of the water. "Cross-connection" means any unprotected actual or potential {direct or indirect) connection or physical arrangement through which it is possible to introduce into any part of the drinking water system any liquid or substance other than the intended unused potable water, by backflow, backpressure, or back siphonage. "Degree of hazard" means the low or high hazard classifica#ion that shall be attached to all actual or potential cross-connections. 1. High Hazard. The classification assigned to an actual or potential cross-connection where a substance which, if allowed to backflow into the city water system, could cause illness or death. 2. Low Hazard. The classification assigned to an actual or potential cross-connection that could allow a substance which, if allowed to backflow into the city water system, would be objectionable but not a hazard to human health. "Mobile units" means any mobile equipment that uses water obtained through the city water system. Mobile units include, but are not limited to, carpet-cleaning vehicles or machines; water-hauling vehicles; street-cleaning vehicles or machines that use water; pressure washers, portable toilet-hauling and water-service vehicles, and septic tank-cleaning and hauling vehicles that use water. "Point-of-use isolation" means the appropriate backflow prevention within the consumer's water system at the point where the actual or potential cross-connection exists. "Premises" means any property to which water service is provided, including but not limited to all residential, commercial, or industrial improvements; hospitals; clinics; parks; recreational sites; and any other land improvement that is served by the city water system. "Premises isolation" means the appropriate backflow prevention assembly installed at the point of service connection between the city water system and the customer's water system, or o#her approved installation point. "Public works department (PWD)" means the department of the city responsible for operation and maintenance of the city water system. "PWD standards" means the standard specifications and details of the city's public works department. "Representative of the city" means any person designated by the city #o pertorm cross-connec#ion control duties #hat shall include, but are not limited to, testing, cross-connec#ion inspections and water-use surveys. "Residential use" means and includes, but is not limited to, single-family or multifamily dwellings, manufactured housing, and apartments where the individual units are each on a separate meter; or where two or more units are served by one meter. "Service connection" means the portion of the water system that conveys water from the distribution main to the outlet side of the city's meter. "Tester" means a person certified as an OHD backflow prevention assembly tester who is registered with and approved by the city to pertorm the required testing, maintenance, repair, and replacement of the assembly. ~~ 13.20.030 Backflow prevention, assembly (BPA) requirements. This chapter shall apply to all properties within the city, and any properties located outside the city limits which are connected to the city water system. If an air-gap or BPA is required to be installed, the water service customer and the owner of the property are jointly responsible for installing and maintaining the approved air-gap or BPA. The type and location of the BPA and elimination method shall be subject to review and approval by the city. The property owner and water service customer jointly assume all responsibility for any damages resulting from installation, operation, testing, maintenance, repair, andlor replacement of any BPA. Cross-connection control may be required or upgraded in each of the following minimum specific circumstances, as determined by the city administrator or his designee: A. Cross-connec#ions or potential cross-connec#ions exist; B. There is ahistory ofcross-connections being established or reestablished; C. Entry has been denied for cross-connection inspection when an existing or potential cross-connection is suspected to exist; D. Intricate plumbing arrangements are present that make it impractical to ascertain whether cross-connections exist; E. Manufacturing, processing, or maintenance materials or methods are being used such that if cross-connection (including backpressure, back siphonage, or backflow) should occur, a health hazard could result; F. An approved double check valve BPA shall be the minimum protection for any fire sprinkler systems using piping material that is not approved for potable water use; or a system that does not provide for periodic flew-through everytwenty-four hours. An RP BPA must be installed if any solution other than the city's potable water can be introduced into the sprinkler system; G. There is piping for conveying liquids other than potable water, and where that piping is under pressure and is installed in proximity to the potable water piping; H. When a building is constructed on commercial or industrial property, and the end use of such building is not determined or could change {such as, but not limited to, shopping malls and buildings with undetermined occupancy), a reduced pressure principle backflow prevention assembly shall be installed at the service connection; I. !f it is determined the plumbing system has been changed without obtaining proper permits as required by the city; J. Any property with anon-pressurized water storage tank, or a pressurized water storage tank, excluding domestic hot water tanks with a capacity of one hundred gallons or less; K. A pressurized irrigation system is installed on the premises; L. An auxiliary water source exists on the property or is conveyed to the property. Cross-connection control will not be required at the time of construction of new single-family residences, but may be subsequently required if any of the above noted conditions is determined to exist. 33 13.20.040 BPA installations in the rights-of-wav. A BPA may be installed upon or within any city rights-of-way based on the following minimum requirements: A. The BPA does not affect or interfere with the operation, use, or existing location of public infrastructure. B. All permits required by the city to perform work in the city's rights-of--way shall be obtained. C. A property owner shall, at the request of the city and at the property owner's expense, relocate a BPA which encroaches upon any city rights-of-way when such relocation is necessary for street, sidewalk, or utility construction or repairs as required by the city. 13.20.050 Installation re uirements. The following minimum requirements shall apply to the installation of BPAs: A. A BPA installer must obtain the required plumbing permits and any other permit required by the city; be licensed by the state for the installation of BPAs; have a valid city business license; and have the installation inspected by the city. B. No part of a BPA shall be submerged in water or installed in a location subject to flooding, without the approval of the city public works department. C. All BPAs are required to have brass or plastic threaded pipe plugs installed in all test cocks. Galvanized plugs in test cocks are not allowed. D. BPAs which are installed to isolate premises from the city-water system shall be installed on the downstream side of the meter at or near the property line, or be installed immediately inside the building being served; but in any case must be installed before the first branch line. BPAs that are installed or located within city's rights-of-way are the responsibility of the property owner. E. All ver#ical installations of BPAs must be as expressly approved by the city. F. The BPA shall be installed in accordance with city PWD standards and the specifications, requiremen#s, and recommendations of the BPA's manufac#urer. G. All BPAs shall be available for inspection, as a minimum, during the hours of eight a.m. to five p.m., Monday through Friday, or as otherwise required and approved by the city. H. BPAs installed inside a building, five feet or more above the floor, shall be equipped with a rigid and permanen#ly-installed platform with railing acceptable to the city. This installation shall also meet the requirements established by the U.S. Occupa#ional Safety and Health Administration and the State of Oregon Occupational Safety and Health Codes. I. All facilities that require con#inuous uninterrupted water service, and are required to have a BPA, shall make provisions for the parallel installation of BPAs so that testing, repair, maintenance, or replacement can be performed on one of the two BPAs, while still providing minimum #low requirements with only one of the two service lines in operation. 3 ~~ J. In the event apoint-of--use BPA has not had the testing or repair work as required by this chapter, a premises isolation BPA or approved air-gap may be required. K. Upon completion of any BPA installation, the city shall be notified by the property owner. The city will then conduct an inspection. if the installation is approved by the city, the property owner shall have the BPA tested by an authorized tester. Test results shall be provided by the property owner or tester to the city. L. All BPAs must be registered with the city. Registration shall consist of address and physical location of BPA; da#e of installation; manufacturer's name, model, type, size, and serial number; and a copy of the initial tes# report. M. Bypass lines {that are not an integral part of the BPA) are prohibited. Pipe fittings which could be used for connecting bypass lines shall not be installed. N. BPA information nameplate and serial number must be attached to the BPA; be readily visible; and be designed to be permanent and resilient to environmental conditions. ~. Pressure vacuum breaker BPAs may be utilized only in single zone irrigation systems. P. BPAs shall be sized to provide an adequate supply of water and pressure for the premises being served. Consult manufacturer's specifications for specific performance data such as flow characteristics. Variances from these specifica#ions will be evaluated by the city administrator or his designee on a case-by-case basis. Any variances must have prior written approval by the city. 13.20.060 Maintenance and #estins~ requirements for BPAs. A. A person who owns, operates, or manages premises where required BPAs are installed shall maintain such BPAs in proper working order at ail times. I# shall be the duty of the water service customer to keep BPAs in good working condition at all times. It shall also be the duty of the water service customer to have thorough inspections and assembly performancelleakagetests made at least once a year or more often in those instances where successive inspections or tests indicate failure. These inspections and tests, performed for and at the expense of the water service customer, must be performed by a person registered with and approved by the city as a tester. !t is the responsibility of the water service customer to see that these tests and inspections are completed. Testers may be required to notify the city in advance when the test is to be undertaken so that city representative{s) may witness the test. B. BPAs shall be repaired, overhauled, or replaced at the expense of the water service customer and property owner, in an expedient manner, whenever they are found to be defective. Records of such tests, repairs, overhauls, andlor replacemen#s shall be maintained by the property owner, and the city. It is the responsibility of any tester performing tests, maintenance, 3 repair, overhauls, or replacements of any BPA to submit records of such tests or work to the city within thirty days of the pertormance of such work. 13.20.070 Inspection and testinc of BPAs. A. The city shall require inspection and testing of all BPAs in each of the following circumstances: 1. Immediately after installation of the BPA; 2. Whenever the BPA is moved; 3. A minimum of once a year; 4. Immediately after repairs. B. BPAs may be required to be tested more frequently if, in the opinion of the city, it is determined that such factors as the repair history of the BPA, circumstances on the premises, andlor the degree of hazard present warrant additional testing. 13.20.110 Mobile units. Mobile units must obtain and maintain a current permit from the city before using any water. As a condition of issuing a permit, the city may require a fixed air-gap or BPA to be mounted on the vehicle or its piping system, or on the city-supplied hydrant meter which is rented by the mobile unit's owner for temporary connection into the city's water system. 13.20.120 Multiple connections. Any premises to be served by multiple service connections shall be required to install a BPA or an approved air-gap on each of the service lines to the premises. The assembly(ies) will be commensurate with the degree of hazard that could occur in the event of across-connection. 13.20.130 Thermal expansion. If a BPA is installed, the property owner andlor water service customer should make allowances for thermal expansion within their water system. 13.20.140 Pressure loss. Double check valves assemblies shall have a maximum loss of #en psi and reduced pressure backflow assemblies shall have a maximum loss of twenty-four psi. 13.2a.2oo Tester requirements and responsibilities. The following are minimum requirements and responsibilities for BPA testers: A. BPA testers shall have liability insurance in the minimum amount of five hundred thousand dollars. if the employer holds the liability insurance, the tester may only test when working for the employer. 3 B. All BPA testers shall be licensed with the appropriate State Contractor Board and have a valid city business license. C. The tester shall be responsible for accura#e testing of BPAs and shall submit complete reports thereof to the city no later than thirty days after the test has been completed. D. Registration by BPA testers with the city mus# include registration of all test gauges to be used by said tester (i,e., serial numbers and model, or other applicable identification). Registered OHD identification numbers of test gauges shall be listed on tests and maintenance reports prior to being submitted to the city. E. Certified testers shall not change the design or operation characteristics of any BPA, unless otherwise approved (in writing) by the BPA manufacturer and OHD. F. City authorization to test BPAs may be revoked by the city if the tester has falsely, incompletely, delinquen#ly, or inaccurately filed BPA testinglmaintenancelrepair reports; has used inaccurate, unregistered, uncalibrated, or improper gauges; has used improper testing methods or procedures; has expired insurance; is not in compliance with safety regulations; has a history of valid customer complaints; is not certified by the OHD to be a tester (at the time of testing); or is not licensed as noted in subsection B of this section. 13.20.310 Water service termination. A. If, in the opinion of the city administrator or his designee, a customer is in noncompliance with any provision of this chapter and an immediate health hazard is present, (i.e., a noted cross-connection or potential cross-connection exists which poses an immediate health threat), the city may terminate the water service immediately. The water service customer will be noticed (by phone, facsimile, or in writing) as soon as practicable after determination of the noncompliance item which presents the hazard, and again, immediately upon water service termination. The water service customer will be provided the opportunity to be heard upon request, as soon as practicable. B. If, in the opinion of the city administrator or his designee, a customer is in noncompliance with any provision of this chapter and an immediate health hazard is not present, a noncompliance notice wiU be mailed to the property owner and water service customer. The noncompliance notice will state the reasons for noncompliance {which will include the applicable provisions of this chapter); the requirements needed to reestablish compliance; and a schedule for compliance which will include the date upon which water service termination would occur if the noted deficient items are not completed. ~~ 13.20.320 Notice of a eal. A. A property owner or water service customer receiving a noncompliance notice andlor water service termination may file a written appeal with the city administrator within five days after the noncompliance notice is mailed. The property owr<er or water service customer shall include a written explanation of the basis of the appeal. B. The city administrator or his designee wiN review the appeal and respond in writing to the customer within five days of receipt of the appeal with an explanation of the review of the appeal and specific actions to be taken by the customer or the city. If an immediate health hazard is not present, the termination of water service shall .not occur prior #o a period of forty-eight hours after the city administrator's or his designee's written response has been delivered to the premises, or in accordance with the schedule included in the notice of noncompliance, whichever is last 13.20.400 Permits and fees. The city council may, from time to time, establish by resolution a permit and administration fee structure for BPA instaNation and testing. A. Prior to installing any BPA, the property owner shall apply far and obtain a BPA installation permit and other required permits. The city shall charge an installation permit fee for each BPA for the purpose of covering city expenditures for initial registration, inspection, and administration. B. The city council may establish by resolu#ion a monthly administration fee (per installed BPA) for the purpose of administra#ion, inspection, and enforcement of the requirements of this chapter and the OHD as detailed in OAR 333-61-0070. This fee will be billed and collected as part of the monthly water service billing. Section 2. Ordinances 1845, 1876, and 1909 are hereby repealed. Passed by the Council and signed by me in authentication of its passage this day of , 2009. Mayor Hank Williams ATTEST: City Represen#ative Approved by me this day of , 2009, Mayor Hank Williams ~~ RESOLUT#ON NO. A RESOLUTION OF THE CITY OF CENTRAL POINT 5ETTING WATER RATES Whereas, the City of Central Point has recently conducted a water rate stady and has determined from the findings of that study #hat it is in the best interest of the City's water utility service business that the water ra#e and fee structure should be amended; and, ~~:n Whereas, the water rate and fee structure amendmen ,~`~I~de changing from a fiat rate structure to a block rate structure to encourage ~±r'conservation and provide far a more equitable billing based on customer water Vie;„end #o pro--ide financial stability for the water fund; and a >~~ '. Wher®as, the rates will be in effect begin '~i~,l;ebruary 14, 201~~~,excluding the Jackson County Expo ra#es which will be implemeed no sooner than Feb~u~ry 14, 2010 and no later than July 1, 2010; ~~. Now therefore, the people of the Clty._of Centrall~'Rointy`. Oregon do ordain-that water rates be established as follows: ,t Residential MeterSlze Monthly ~` Base Cha e„ ~;Nit~nthry ,> RJR G~~~ a To't~t~Monthly Flxe 'Lharge~ . 518" $ ~,~~:15 $ ~Qr~S $ '. 9 4b f. 1 112" 22.70 ~ ?1 36 ~ i , ,. 2" 32.90 ~ '~. 2.15 ~ 35. 5 3" $Q;QO 4.30 64.3~~ 4... ` 9~ #a5 . ;6.70 97F~25 6~ ~ ' 175.$5 `~~~ aS 188y$0 8" 277.10 2~ ~0 •` '- . 298.60 ,' Commercial an~lA"~S.~andby t ;: Meter Slze _,. , l~ ~~ ~- =~• a Mo ~hl~ R&R .~ }~;~'~ge Total Monthly Fixed Gharge ~' 518" $ 7.J ~ `.';$, 0.15 $ 8.10 1" 11.25 ,: ~ 0.35 11.$0 1 112" 76.84 0.85 17.45 2" 23.40 1. i 0 24.50 3" 41.05 2.15 43.20 4" 6D.90 3.35 64.25 6" 116.05 8.70 i 22.75 8" 182.25 10.75 193.D0 Yol. Cli ` ~: I?irst 8 cci'~ Vol. Charge 8.22 ccf Vol. Gharge Over 22 ccf $ ~ ' 0.80 $ 1.55 $ 2.55 Vol. Charge per CCF $ 1.40 Irrigation Meter Size Monthly Base Charge Monthly R&R Charge T P 518" $ 1D.4D $ D.25 1" 17.46 0.65 1 112" 29.10 1.35 2" 43.10 2.15 3" 8D.45 4.30 4" 122.45 6.70 6" 239.15 13.45 8" 379.20 2 i .50 Hydrant 31.60 4.30 Hidden Grove - - Expo - - Hardship Discount Oulslde City Factor i4' Passed by the Council and signed~k~y ~e this day of , 2009. ATTEST: City ~ Mayor Hank Williams ~~ PL,A.HH~HO CoIVIN~~SS~01`I REPORT -City ~f Central Point, Oregon 1A0 So.Third St„Central Poirit,Or 97502 51.664 3321 fax 549.55.{384 www.ci:central-polnt,aru s Plar~ni~g Dep~rtnn~nx Tom Humph~ey,AiCP, Community Deveigpment Dlreetar/ Assistant City RciminlStratar PLANNING DEPARTMENT MEMORANDUM Date: December 10, 2009 To: Honorable Mayor & Central Point City Council From: Tom Humphrey AICP, Community Development Director Subject: Planning Commission Report The following applications and/or items were considered by the Planning Commission at their regularly scheduled meeting on December 1, 2009. A. Conditional Use Permit, File No. 10002. The Planning Commission conducted a public hearing to consider a conditional use permit to operate a martial arts/gymnastics/dance studio within the Mountain View Plaza Shopping Center. The business will occupy approximately 1400 square feat of an existing building near the Mazatlan Restaurant in the G4 zoning district. The applicants successfully operate two similar facilities in Medford without any issues. They were the only ones to testify at the hearing. Proposed hours of operation would bring their activities to a conclusion early in the evening to avoid possible conflicts with a nearby Sports Bar. The Commission approved the application with the condi#ions recommended by staff. B. Residential Zoning and Implications of the Regional Plan. Planning Manager, Don Burt discussed the Residential Densities being contemplated for Central Point as part of the Regional Plan. These densities would become part of the city's Urbanization Element in the Comprehensive Plan, It's important that proposed increases to residential densities be discussed and acknowledged prior to adoption of the Regional Plan because the participating jurisdictions will have to live with the outcomes. The Commission acknowledged the changes, asked a variety of questions and will be presented with higher density housing examples at their next meeting. C. Form Based Zoning Discussion. Planning Manager, Don Burt introduced the subject of `form- based zoning' in the context of both residential and commercial zoning. An argument was made to make the city's zoning ordinance more up-to-date, efficient and flexible in light of comments the Department has received from local residents and businessmen. The Commission watched a 30 minute video on the subject which will be followed up by more examples and some proposed ordinance changes at their next meeting. This subject is very preliminary and any actual ordinance changes would follow state noticing requirements. 41 Page 1 of 2