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HomeMy WebLinkAboutCAP010809x CITE' F CENT L NT City C®uncil eating Agenda January ~, 2009 A EN E Central Point City Fall 664-3321 Next Res. 1197 Next Ord. No. 1924 City Council i. ®ATIi ®F ®FFICE - 6:45 1Vlayor Hank Williams Ward I I. Gl.TI,AI2IVIEETII~G CAI.I.EI) T®® EIS - 7:00 P.M. Bruce Dingler Ward II Mike Quilty II. PI.EI)GE ®F AI~I.EGIANCE Ward III Matthew Stephenson III. I~®I~I~ CE~LI. Ward IV Allen Broderick At Large IV. I'iTI,IC APPEA CES Carol Fischer Kay Harrison ~. C®l~SEI~T A(sEl~TI)A Administration Phil Messina, CitS~ Administrator A. Approval of December 18, 2008, City Council Minutes Community Development Department VI. ITE192S 1VI®VEI) FIB®1VI C®l~SEl®TT AGEl®1I)A Tom Humphrey, Director Finance Department VII. PiJEI~IC IiEA NG9 ® Il®TA~TCES, ANI) S®L,LTTI®I~TS Bev Adams, Interim Director age 1 - 14 A. Public Hearing -First Reading An Ordinance Adding Parks and Recreation Chapter 3.28 to the Central Point Municipal Code to Department Impose a Motor Vehicle Fuel Tax and Amending Section Matt Samitore, Manager 11.20.050 to Provide for Reductions in the Traffic Utility Police Department Fee (Clayton) Jon Zeliff, Chief VIII. EiTSINESS Public Works Department Bob Pierce, Director - - - A. Planning Commission Report (Samitore) 15 - 84 B. Discussion regarding proposed M - 1 Zone Change by Adding Section 17.06 Use Categories, and Amending Sections 17.08.005 Definitions, 1.7.48 Industrial District (Burt) 85 - 86 C. Council President Appointment IX. C®iTNCII. ~IJSINESS 1~e l~'iA .A ®'S P®Y® 1 XI. CIT'I' AI)INTINIST' 7'®I~'S P®T~T XII. C®IJNCII. P®lt'1'S XIII. I)EPAI~TINIEN'I' P®ItTS XIV. EXECiJ'TIVE SESSI®N The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XV. AI)J®IJ INTEN'T' Or;,;;~i: ~~ce ,-~ ~: _ , ~ f ~ ~.,'C ~; ,, ~ ~ _-, ~~I ,~ ~ ~, ~ -~ ~ i~ ~ ~ ~ i Q ~ ~=. ~', ~-~ r ;'~~ ~ ~' L U ~ i ;~ ~ ;-~ i ~ Chris Clayt®r~ 'f®: Dorothy Subgect: RE: Dorothy, Thank you for your comments. A copy of your email will be included in tonight's public record. Sincerely, Christopher S. Clayton Deputy Public Works Director/ Contracts Manager City of Central Point, Oregon Ft~m: Dorothy [mailto:farieydot@ccountry.net] nt: Thursday, January 08, 2009 1:56 PM T'®: Chris Clayton Saabj t"~r~s Clayt®n -._ -~ T®: leeburkhart@peoplepc.com Saebgect: RE: tax Thanks for your comments. Your email will be included in the official record at Thursday's. public hearing. Sincerely, Christopher S. Clayton Deputy Public Worlcs Director/ Contracts Manager City of Central Point, Oregon Fronro, leeburkhart@peoplepc.com [mailtoaeeburkhart@peoplepc.com] me Wednesday, January 07, 2009 11:35 AM T®e Chris Clayton Subj o tax here we go again-the city council-wants to raise taxes again-its amazing-it seems like all they do is raise feesltaxes-the price of oil has gone up-the national adverage has gone up form $1.61 to a $1.73 a seven cents different-diesel on 1-05- 09 was $2.27.5-but not in central. point-the stations has raised the price of gasoline from $1.79 per gallon to date 1-7-09 to $2.00 per gallon-21 cents different-they raised. diesel 20 cents in two days-so now the city wants to add another tax-along with the county and state-the city wants it for street repair-what happen to the money the city budgeted. for freeman road- and why is city taxes being used for county roads-we pay county taxes-let the county pay for the roads-if the city is going to take over the county roads-then make the county bring them up to city standards-this is what the city and county does to the people before they adopt a private rd or and alley-the city has chased major business away from the area-wat-mart and the other business that would have came with them-the state needs to raise gas taxes to pay for pers and health insurance-this sounds like the city has the same problem-to much going for pay raises and benifits-what happen to the money budgeted for the new crossing at crater high school three years ago-do away with the street utility fee and go with a gas tax-but not both-like the tourist said we are sorry we filled up here-it seems that the city of central point is doing their level best to derive away housing and business-with all their tax and fee increases-stay within your budget-we have to- Chris Clayt®n Fr®rn: Darrel [dfalske@peak.orgj Sent: Tuesday, January 06, 2009 9:03 AM T®: Chris Clayton Subject: local fuel tax I just want to express my opinion as being totally against any increased fuel tax. The city of central point is already the highest taxed city in southern Oregon. We don't need any additional burden put on its citizens during a recesion. In fact. the only thing the tax will do is too force people to go to Medford or any other local community to gas up their vehicles and therefore possibly force some of the stations in Central Point to go out of business. I know if this tax is passed I will stop using local stations.. 1 also believe. the city council is running out of control by even considering such a proposal at this time. Very Disappointed, Darrel Chris Cla~t®n Fr®rn: Brian Heady [brian@heady.org] Sent: Sunday, December 28, 2008 3:44 PM T®: Chris Clayton Subject: Proposed Fuel Tax a Bad Idea Oregon already has some of the highest priced gas in the country. To the residents that use Central Point to commute, this would unnecessarily shift a higher burden to them. Anything raising the cost of gas is a bad idea. If you would like more money in your budget, why don't you try a salary cut? Many people outside of government have been working for years with no raises or have had a reduction in salary. Why should government be the only entity during a recession that grows off the back of our labor? I say NO to a tax hike. Brian Heady 541326 1822 Chris Clayt®n -- - -- From: Tinis Carr [tinis_m_carr@yahoo.com] Sent: Saturday, December 27, 2008 9:11 AM T®: Chris Clayton SutsDect: no more taxes, no more fees, All the governments do is add fees, taxes, but the money seems to disappear and nothing gets done. Since I live on Freeman Road and the road is a mess, I say no. Also, with the street fee and stormwater fee,. I can't afford any more. The state is going to add a gas tax.. You know what? I have to cut back more and more every year. All governments should do the same. You get more taxes here in Central Point than any other county in Oregon. Time for you to learn how to budget Like us peons that pay your wages and. good benefits. I bet none of you have to worry about ending out on the street when you lose everything. You have all of us to support you and your overspending. We already pay more for gas than anywhere else. Government is just so greedy. You are just so greedy. Cut down on lights in the city buildings, get rid of supervisors that make a lot of money and keep the little guy that does all the work. Maybe if you had let Walmart put a store here instead of Sonic and all the food places, you would have more taxes to waste and we wouldn't have to go so far to get something we can afford.. Central Point is the good ole boys system. I-Iaven't had one positive thing from Central Point government since I moved here 6 years ago. Small town corruption. I think us little guys are fed up with you always wanting. You always say you will cut one fee when you add a tax, but then somehow you create a pother fee which is a tax that you can get away with without a vote. IVo response please. I'm just tired of how government always wants more and gives less.. Tina C. 1/8/2009 ~-- ,. ~, ~ I~ i ~_ I ~ I~- I 'r ~i ;'I~j~ i' ,,~ ~ , ~- ~ ,- ,till ~'j ~~~ i?'{_ ~ ~~ ~"~'' ' I~li~'~~~i+ ~ ~ ~I~_'~~' i~i~ `=~ ai~~l>.~ ~~' ~ oli ~nl ~ '~Ifl~ j;i ~~~~ ~j'~j'j~ (l~~o'I~~ ~ __ ~~' ~~~ 7 I~~~~~~~ '~~° ~1~ ~"i r~~~i!. ~ ~ li~l'~1~~1~' ~ ~i~`~ -ire>''~ ~~ _II`1i~~~~( ~ G'o,'iir!~~ , ~~` '~ ~ ~~°`1~~U~`? l~li ~~ ~:~~~ili i f?Il~;pf1 ~'_fll ~~~ ° r,"~Ir ~~' ~c ~ ~„ ,=1 ~~al 1~1~~_:~ ~~ '~ Cl~,I ~ (. 7.r_ ~~~11~L ,~ ,~ ~ ~- t. (ol 'I`;'~r ollf I ~~I'~I III ~.(C.I` 1 ~~I,li,{ ,ff~~ ~ v~J~~j~~~~N i~ Il_I~~ ~ ~'d;'~l ~'~~ ~~~ ~j i' i~ 1 1/8/2.009 `-~h~i INV.<<.~,'i'll ~~tcliifr f~-c'~I, s~ ~~a)!I,Cflf ',i--hl In1'~,o~if, a cl'i, r,'L1'~~ol~;n~ !~I~r. i~~~~~e.~f~l A~;~~~~,~,~h ~~'t{1~ 'r ~~ , ~~~~o~~ ~~.il~.~ ~ '.~~~tgi,~~o =~~ '9~~{ t'i,fl~.{f a~i ~P(~. ~1_oA ;.~i I'I A, ~[~C. f ('{h :.~ {gglT ~i?~~~7~°1ii9 If': nh t ~r~ ~.ilo ~r~(?,h)__ ~',i oIJ(~1qY.,~aii~{r+.=~~fO~ViU~~i1=1L4f~1~ ~~I llor~ ~~~[V'~ r~~CIIQ:,~ i~l li(~~fl~{~ ~~qS~~~i+/'1a12 'rfil ri ae.5c {oi i~"ot,~ `r.1±1{r~ F~f, iu { .~ii9[1 inf r~\/L17ii1~191r~~",~~(~'~~ c~o~i ,a, ~a? d~ 'y~~o{ra, i ,~1{ i , ~oi~I~~~M~oarl~Ll ~~1'~!k ~It~f:?),- ,;1~~ ,~;oi, .; ~,~~~ nc:i,'~ic!.~heC~ gi~o{oU7[{rr,:~;;~k~~ VII l~\~1~irlni~al~1 ~ <f~~i i~r~P{: Go ~clai~ro `Isla, C y, ~~•tai°i~l~ r~,i~ i..ill i~a~~~-S{r {lg~i[rr~11_ gt:,{iiY, 1~., +o;{~~y.~iui~;~lr~rn al~~jo~ ~~, ,~+p 1~_r-~ij(o:{n~(~~~{~~o~uV~~~~,~io~ ~f~~~`~°, R.f; ,~~;~~h~1i ~'{r~i~~~~~ The average motorist drives about 11,700 '; (we rounded to 12,000) miles annually. The average U.S. passenger tar gets 21.4 ~ miles to the gallon (we rounded to 21). 12,000 miles/year X 27 gallons/mile = 570 gallons/year 570 gallons/year X 24t/gallon state gas tax. = 136.80 '~ $137/year in state gas tax ' 570 gallons/year X i t/gallon local gastax = $5.70/year for every ___ __ __ L _ __ penny of local gas tax - -- - - __ 2 1/8/2009 ~~ ',~ ~~ 1+!% ~~i~,~~~i I Jr __~~~ ii rte; ~ ~~I~^'~i 11; ~ i ~. _~ _ . , I- _ i o1 ci l~,ui ~ .p;~lnl ~~11~~_ I ~{ci=r. Trans. Utility Fee $59.76 .$24.12 Local FueCTax $0.00 $34.20 Total Annual Costs $59.76 $58,32 $12:60 $0.00 .$34.20 $34.20 .$46.80 $34.20 i i 1 `~' ` , f ~ ~ II`~~1.111f~ ~~~~ ~ ,'r '~ 1~ ~~'~~: . ;'~ <f _, - --~i(__ ~~~ t _ 1'r ~ i_, r~a.~ar~,:,.r.F' ~:='=irt++:ivcl~j~~ ~ a,~al:C-)ni~t'~I i 3 1/s/zoo9 ~ ; , _ ~~ Iii i~'~f[' i~~ ) (~~~L~~ ~~ ~'.~~~i '~,~ '~' ~ ~ b9' 9 9 ' ~.. `y :j ~ U[ F ~ol '- 1111j{a1 .fe_: jo ICI-0Y ill= Oyu) -["!;I'll c. !Ill ~a~(Jc-i ail 1~ ~~c;.cl ivy l•,~v9= (off ?n(_i~~i l~~ ~ Ipru;(.1c, ii{~ 1~ t- ~'C~I1~• i'~aC= o{~I iaori ~ht [3,a°.'.:=L.r9l( 1, !~.~~ 1Ia1F 1dor.i41 t51[ F`-~IxI~EL~C rqi ~~. 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I I .i'(u; it :_ ~~o~{ I ;i_°y ~~_~i~pi x0;01, `J 'J tO, ,GIGi ~il~l;ii7i'/0L lel,~itl i1t~=1i!' ll•~i(=!~ -7'LJLf!YL/7i':. t~ , r - ~ _ ~ ~-S7, o o~ e,o(o~~io, 1, ` ____ ~,.~ ~ ~~ ~,h~o~.a'e L ~ ~ rp , i ~I.j,~Xi ~,o .~,>>~t~~C~. ~ ,: n 1~ ,.h;~l~~ c~ ~ "~ , ~~ey,~X~ _ _ . -- -_ __ «~` F!~~ ``- - ~_ `\ al' ~ ~~ t,~vd~;;;r "~~,r~orlr_,~,dt~7~'~ 3 _ ~reX;ol ~hLd ie0f, i -_ _ _ _J 6 ~' = =;ning C~~ ,mission ~ ,~ ; !~ l®n a of Staff a®rt Matt Samitore, Interim Director Don Burt, Manager PLANNII~IG DEPAIt'I'MEN'I' 1ViEM® DITI~ Date: AT,,..o,,,~.o,. n ~nn~~®~,~ ~ -~ To: Honorable Mayor & Central Point City Council. From: Matt Samitore, Interim Community Development Director Subject: Planning Commission Report A. File No. 07119 Extension bequest -White hawk Estates. Duncan Development, LLC requested asix- month extension for the Planned Unit Development (PUD). The reason for the request is the severe downturn in the residential home market. This is the third request for an extension. The Planning Commission approved the request for the extension. B. File X10. 09004(3),. Resolution to initiate code text amendment for the C-2() alastrict. Staff recommended to the Planning Commission to initiate a code text amendment for the C-2(m) district to clarify ambiguity in the code revolving around single-family homes. The code doesn't not specific if an existing single-family home is destroyed if it can be re-built as a single family home. Staff will work with legal staff to prepare language that will clear up the ambiguity. The Planning Commission approved a resolution initialing staff to amend the C-2(m) zoning code to clarify language on existing single-family homes. C. File I®To. 09004(1).. City of Central Point -Similar Ilse Determination for membership warehouse clubs. The applicant, City of Central Point, prepared findings of fact to the Planning Commission identifying that the membership warehouse clubs were a similar use in the M-1 Zoning District. Don Burt, Planning Manager, determined that there were five (5) basic texts that must be applied when considering. similar use per section 17.60.140. Those tests and summary of findings are: 1. Must be closely related to, and compatible with listed uses. The Proposed Use has been found to be closely related to other uses listed in the Section 17.48.020. By definition the Proposed Use is classified as retail. Other retail uses are allowed in the M-1 district. The Proposed use also has characteristics of warehouse and wholesale uses. 955 South Second Street ~ Central Point, OR 97502 ®549.664.3329 ~ Fax 549,664.6384 2. The proposed use must not have been anticipated or known to exist on the effective date of the ordinance. It was not until 1997 that Membership Warehouse Clubs were officially acknowledged. The M-1 ordinance was adopted in 1981. 3. The proposed use must be treated under local, state, and federal law the same as listed uses. This test applies to environmental and trade laws. The Proposed Use does not have any restrictions on its operation that do not apply to other listed uses. 4. The proposed use is consistent with the purpose of the zoning district. The purpose of the M-1 district is to provide lands for light industrial services and manufacturing/assembly. A review of the list of permitted uses provides further insight into the intent of the M-1 district, which elaborates on the term "service" to include some retail uses, as well as warehousing, and wholesale. In the context of the listed uses the Proposed Use is consistent with the intent of the M-1 district. 5. The proposed use is consistent with the Comprehensive Plan and policies. There are three (3) Comprehensive Plan elements that apply to consideration of the Proposed Use; Land Use, Economic, and Transportation. Staff put together findings addressing each of these plan policies. The Planning Commission listened to testimony from the Deparhnent of Land Conservation and Development (DECD), Oregon Department of Transportation (ODOT), and Jackson County Roads. Discussion revolved around each of the comprehensive plan policies.. The majority of the discussion was on transportation. The Planning Commission made a recommendation on a 4 to 2 vote to have staff bring back findings of fact determining that Membership Warehouse Clubs were not a similar use in the M-1, zoning code. The most frequent reason was because of traffic. I). File loo. 09004(1) -Public Dearing to update City's Industrial zoning districts. The City Council in November of 2008 requested the Planning Commission make amendments to the industrial zoning codes. Staff used the states model code, which was shown as a business item to the planning commission in December, to update the M-1 and M-2 zoning districts. City Staff received input from the Planning Commission, on the previous agenda item, and from DECD to further reduce allowed uses. These include membership warehouse clubs, schools, outdoor recreation, parking lots, home improvement building supplies, self-service storage, colleges, community services and parks. City Staff inadvertently did not notice this item correctly, so a vote on the hearing could not occur and was continued until the February 3, 2009 Planning Commission. The Planning Commission opened the public hearing with this knowledge presented to the general public. The Planning Commission listened to testimony from the Department of Land Conservation and Development (DECD), Oregon Department of Transportation (ODOT), and Jackson County Roads. All of the agencies had 155 South Second Street a Central Point, OR 97502 ®541.664.3321 <a Fax 541.664.6384 submitted formal letters on the previous agenda item and would like those same letters to be part of the record for this item as well. DLCD and ODOT did not have any issue with the revised allowed uses. Cris Galpin, Developer, testified that he was in objection to the Planning Commission's decision to eliminate so many uses out of the industrial zoning code. No action was taken on the item and it was continued to the February 3, 2009 Planning Commission. F. I~ISCELL~E®iJS: There were no miscellaneous items. G. ADJ®LT MENT 955 South Second Street ~ Central Point, OR 97502 ~ 541.664.3321 ~ Fax 541.664.6384 \ dq ,~i 1' 1 i ~ 1 1 ~~ - ~ v: January 7,.2009 Mayor I-Iank Williams and Cit}~ Council 1VIembe~rs: I am requesting that once again the council overrule the decision made by the Planning Commission Tuesday night, January 6, 2009 I'egarding the Warehouse CIUb Usage III the 1VI1 Industrial zone. 1'he commission rejected this proposal and I believe this is Ilot i1I the best intel'ests of the citizens of Central Point. I d0 reSpl'Ct the [IIl'IIIbe1'S Of the CA IIIIIIISSIOII, however, there were no real valid reasons given for this rejection. It is vitally impol•tant t~~~ the growth and economic conditions of Central Point that we do allo~~~ Warehouse Retail Clubs in the iVI1 Industrial zone. At a time when the economy is faltering I find it disappointing that we are not seeking growth opportunities I'oI- our city. This opportunit}r does not come often and if we reject this we are not doing what is best for C'ellh'al Point. The citizens of Central Point deserve the opportunity to benefit tax wise, shopping closer to home, and the possible resultant incl'ease of gas tax funding for the cit,~. ~I'o continue to make decisions because of tale past as happened last night will only hamper' the growth of our future. I2espeetfully submitted, f~~~~~_. 'Falter 1~Ioczygclnba 2622 fit. James Way Central Point, Oregon 97>02