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session are not for publication or broadcast.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
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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
-._
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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
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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
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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
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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
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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