HomeMy WebLinkAboutCAP061109Central Point
City Fall
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
Department
Tom Humphrey,. Director
Finance Department
Bev Adams, Interim
Director
Parks and Recreation
Department
Matt Samitore, Manager
Police Department
Jon Zeliff, Chief
Public Works
Department
Bob Pierce, Director
CITY F CE~T'I' I~ ~'
City Council eating Agee a
June 1, 2009
Next Res. 1211
Next Ord. No. 1929
I. GITL E'TI1~G CAI.,LEI) T'® EIa - 7:00 P.M.
II. PLEDGE ®F AI..I.~EGIA~ICE
I~I.I. CAI,I..
IV. PiJ~I.C PE CES
~. C®l~1SE1lTT AGE A
Pg 1 - 7 A. Approval of May 28, 2009, City Council Minutes
8 - 9 B. Approval of Patrol Vehicle Lease with Auto Leasing
Specialists, LLC
10 - 12 C. Approval of Mayors United Helping Feed Our
Community Proclamation
13 - 16 D. Approval of OLCC Application for Original Bobbin's
Pizza
VI. ITEIVI5 ®VE ®1VI C®~TSE1~T AGE A
VII. P LC G, ® A1~1CES, Ail S®I.ZJ'Y'I®115
17 - 18 A. Resolution No. , A Resolution Certifying the
Provision of Municipal Services by the City of Central
Point, Oregon (Adams)
19 - 20 B. Public Hearing -Resolution No. , A Resolution
Electing to Receive State Revenue Sharing Funds for
Fiscal Year 2009-2010 (Adams)
21 - 23 C. Resolution No. A Resolution to Adopt the
Budget, Make Appropriations and Levy Taxes for Fiscal
Year July 1, 2009 to June 30, 2010 (Adams)
24 - 25 D. ResolutionNo. , A Resolution Transferring Appropriations within
the 2008-09 Budget (Adams)
26 - 27 E. Resolution No. , A Resolution Extending the City of Central
Point's Worker's Compensation Coverage to Volunteers of the City of
Central Point (Robson)
28 - 55 F. Resolution No. , A Resolution Authorizing the Execution of a
Nonexclusive Cable Television Franchise Agreement with Charter
Communications, Inc. (Messina)
56 - 58 G. Second Reading -Ordinance No. An Ordinance Amending
Central Point Municipal Code 5.06 Pertaining to Yard Sales (Messina)
59 - 92 H. Resolution No. A Resolution Authorizing Membership
Warehouse Clubs as a Conditional Use in the M-1 Zoning District and
Affirming the Planning Commission's Authorization of Such Use (Burt)
VTTT_ RTTCTNT+',CC
93 - 94 A. Planning Commission Report (Samitore)
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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. Al).T()TTR .ITT
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CITE ®F CENTRAL P®IT
City Council eating inutes
ay 29, 2009
I. REGULAR MEETING CALLE T® R ER
Mayor Williams called the meeting to order at 7:00 p.m.
IL PLEGE ®F ALLEGIANCE
III. R®LL CALL.: `Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingier, Carol
Fischer,. Kay Harrison, Mike Quilty, and Matthew
Stephenson were present.
City Administrator Phil Messina; City Attorney Doug Engle;
Interim Community .Development Director Matt Samitore;
Public Works Director `Bob Pierce; Finance Director Bev
Adams; -Planning Manager Don Burt, and Planning
Secretary Didi Thomas were also present.
A. First Reading, An ®rdinance Amending Central Point unicipal
Code 5.06 Pertaining to Yard Sales
City Administrator Phil Messina stated`that this is the first reading of an ordinance
to amend and update the Central Point Municipal Code to eliminate the
requirement for residents to register with the City when they are having. a yard
sale, maintaining the current limit of three yard sales within a `twelve month
period, and adding a provision regarding regulations for'the posting of yard sale
signs on public property.
att Stephenson made a motion to m®ve to second reading an rdinance
amending section 5.06 of the Central Point unicipal Code pertaining to
yard sales. Kay Harrison: seconded. Roll call: Bruce Dingier, yes; Carol
City of Central Point
City Council Minutes '
May 28, 2009
Page 2
Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; Matt Stephenson, yes; and
Allen Broderick, yes. Motion approved.
13. Resolution Revising the star, Transportation, Parks, and Storm
star System eveloprnent Charges
Interim Community Development Director Matt Samitore presented' a staff report
to Council with recommendations for reductions to system development charges
relating to transportation, storm drain, water and parks. This is part of an annual
review.. of charges which are ..:based. on what is listed on the City's capital
improvement list..
Kay Harrison expressed a concern with the elimination of a Community Center.
.:She is worried that it will never be built and that the City will never find a way to
finance it. Mr. Samitore stated that they are recommending that it be eliminated
.from the capital improvement list for this year. If it becomes more of a priority in
the future, it can be added back at. that time. The feasibility study for a
community center has been left. on the CLP list if in the event grant funds become
available.
Allen roderick made a motion to approve Resolution No. 1209 evising
the star, Transportation, Parks, and Stormwater; System evelopment
Charges.. Carol Fischer seconded. Roll call: Carol Fischer, yes; Kay Harrison,
yes;. Mike Guilty, yes; Matt ;Stephenson, yes; Allen Broderick,_ yes; and .Bruce
Dingier, yes. Motion approved.
C. Resolution to Segregate. a Special Assessment in .Accordance with.
the City, of Central Point unicipal Code
Finance Director Bev Adams stated that the local improvement district
assessment for property. located at 3275.:Snowy butte Lane has been on the
books since 2007. The homeowner is splitting the lot and has asked the City to
split the assessment into ,4 equal parts. CPMC allows: for this split. but: requires..
authorization of the City Council
Mutt Samitore explained that this is part of a :partition by .the .name of Riley
Estates that. eventually will be sold off and developed. The property owner is
..attempting to divest herself of the properties with the recent death_ of her
husband.
Kay Harrison made a m®tion 40 ,approve Resolution. o. 1210 to Segregate a
Special Assessment in Acc®rdance Frith the City ®f Central Point unicipal
Code 11.04.090. Mike Quilty seconded. Roll. call Kay Harrison, yes; Mike
Guilty, yes; Matt Stephenson., yes; Allen Broderick, yes; Bruce Dingier, yes; and
Carol Fischer, yes. Motion approved.
City of Central Point
City Council Minutes
May 28, 2009
Page 3
®. Public Flearing -Appeal of Planning Cornrnission Resolution Rlo.
764, a Resolution Approving ernbership areouse Clubs as a
Similar flee to Permitted flees within the -1 Zoning ®istrict
Matt Samitore presented an introduction to this agenda item, explaining that it
was an appeal .from the Planning: Commission to City Council for review
regarding a similar use determination for a membership warehouse club. within
our M-1, or Light Industrial, zoning district.
Planning Manager Don Burt informed Council members that they would be
reviewing the Planning Commission's decision to allow Membership Warehouse
Clubs (MWCs) as a use similar to allowed uses within the M-1 zoning district and.
allowing the same as a conditional use. Mr. Burt. presented background
information on the public hearings that. were previously held in connection. with
this matter. at the. Planning Commission. level.
Mr. Burt then reviewed the reasons for the Department. of Land Conservation and
Development's (DLCD) appeal of the planning .commission decision and
discussed the findings with Councii_ members. He defined .membership
warehouse clubs, explained some of their unique .characteristics, and presented
a review of six similarity tests that. must be .applied when considering a imilar
use determination and the criteria to be addressed in making this determination.
Mr. Burt further informed Council .members that by considering MWCs as a
conditional use in the M-1 zoning district, the City has more discretion. in
determining the compatibility of this use with. other permitted uses allowed in the
zoning district and would be able to impose conditions to mitigate issues that
might arise as part of any proposed development.
Following a review of some of the concerns expressed by ODOT, Jackson
County, DLCD and the .City of Medford previously by letter, Don Burt stated that
the Planning Commission finds membership warehouse clubs to be Simi ar to
those uses permitted in the M-1 zoning district and encouraged the Council to
uphold the Planning Commission's determination of similarity.
Mayor Williams opened the public hearing.
John Renz, DLCD representative
Mr. Renz complimented Don Burt on an excellent presentation. Mr. Renz stated
that Council should have, in their packet, a detailed letter from DLCD stating their
position on this issue which was previously issued to the Planning Commission.
He continued that the position of DLCD is fairly si'mple...it's a process problem
that they have. By using the similar use determination, he continued:,:-the City
has created a defacto zone change in their own zoning code. Although the code
permits a similar use determination by Council, adding a membership warehouse
club would put a use into code which was not contemplated in the City's traffic
system. plan, and therefore, not be coordinated under Goal 2.
City of Central Point
City Council Minutes
May 28, 2009
Page 4
Mr. Renz added that DLCD thinks that the proper process for allowing this use is
with a zone change. He encouraged the City to put this into a commercia6 zone
rather than an M-1 zone. DLCD does not think that membership warehouse
clubs are similar to other uses because of their extremely high traffic generating
capabilities, and they will have significant. impacts on the roads in the area. Mr.
Renz encouraged Council to direct staff to put it into a commercial zone and then
allow anybody that wants to put that use there come in for a zone change. If you
do a zone change, you have to address the transportation planning rule and
prepare a traffic impact analysis coordinated with ODOT that. will. address what is
needed.
Matt Stephenson contended that as a conditional use, the City has ample control
over mitigation of traffic impacts. .
Mr. Renz then stated that DLCD is having a problem with the process of the
similar use determination by adding a use not listed in the transportation system
plan and would prefer that the City add theproposed use to commercial zones
rather #han this zone. DLCD is taking the position that it is hot similar' to other
uses in the M-1 zoning district because of high traffic generating capabilities that
will have a significant impact on the roads in the area. Would like you to direct
staff to put it in a commercial. zone and then allow anyone who wishes to develop
that sort of use to do a zone change. With a zone change, the City would have
to address the Transportation Planning Rule and have to do a traffic impact
analysis coordinated with ODOT that wilt address traffic mitigation of the roads.
As no one else came forward to speak in this matter, the Mayor closed the public
comment portion of the meeting.
Matt Stephenson then requested clarification of options 'available to Council
members. Don Burt asked that Council direct staff to prepare a resolution
affirming the Planning Commission's decision and modifying the findings to
address comments made tonight. and bring it :back at the next Council meeting for
final action.
att Stephenson made a moti®n to direct staff to prepare a resolution for
the next Council meeting in support of the Planning Commission's
decision to approve membership warehouse clubs as a similar use in the
-1 zoning district as a conditional use permit.. Caro( Fischer seconded. Roll
call: Mike Quilty, yes;. Matt Stephenson, yes; Allen Broderick, yes, Bruce Dingier,
yes; Carol Fischer, yes; and Kay Harrison, yes. Motion approved.
VIII. llSl SS
Council members discussed appointment of candidates for Planning Commission
and .Citizens Advisory Committee vacancies.
ike Quilty made a motion to appoint Keith angle to the City of Central
Point Planning Commission.. Kay Harrison seconded. Roll call: Matt
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City of Central Paint
City Council Minutes
May 28, 2009
Page 5
Stephenson, yes; Allen Broderick, yes; Bruce Dingler, .yes; Carol .Fischer, yes;
Kay Harrison., yes; and Mike Quilty, yes. Motion,approved.
ike Quilty made a motion to app®int Jeff Pfeifer to .the. City,of .Central
Point Citizens Advisory Comrnitfee and encourage hirro to be on the Budget
Cornrvaittee. Matt Stephenson seconded. Roll call: Allen Broderick, yes; Bruce
Dingler, yes; Carol Fischer, yes; Kay Harrison, yes, Mike Quilty, yes; and Matt
Stephenson, yes. Motion approved.
IX. C®UNCIL BUSINESS
Mike Quilty invited Council members to attend. a _presentation of hydrogen fuel
cell vehicles at the Rogue Regency Hotel on Friday evening, May 29, 2009, at
6:30 p.m. This exhibition is being presented on behalf. of the Rogue Valley Clean.
Cities Coalition and the EPA.
Kay Harrison inquired about the progress being made towards of a joint meeting
between the City Council and the Planning Commission. Matt Samitore
responded that. a decision was made to wait until after the ' (membership
warehouse club) appeal was heard because we couldn't. have discussions about
it.
X. MAY®R°S REP®RT
Mayor Williams reported that he:
® Missed the study session.
® Attended the Oregon Fallen Heroes Memorial services on Memorial Day
® Attended a reception for Senator ~Aerkley
Attended an ACCESS press conference
® Attended an_open house at Quail Ridge Retirement Center
® Attended a BBQ sponsored by the Rodeo
XI. CITY A® INISTRAT®R°S REPRT
City Administrator Phil .Messina reported that there has. been ..interest in helping
with the history project... Mr. Messina also attended a Southern Oregon.Historical
:Society board meeting on May 27, 2009, and advised that they have hired a new
.executive director. In addition, he reported that. there :wits be a lot of, activity at
Hanley Farm this summer.
XII. C®UNCIL 12EPOR'TS
.Council member Mike Quilty reported that he:
® Has been busy with planning a reception for the Rogue Clean,Cities group to
be held tomorrow at 6:30 p.m.
® Attended an MPO mee~ng and they approved a work plan for the year
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City of Central Point
City Council Minutes
May 28, 2009
Page 6
® Met with. transportation managers in the valley from the County and ODOT to
discuss a bike path on Highway 62
Council member Allen` Broderick reported that he:
® Attended the study`session
® Attended a Parks ~ Recreation meeting. He reported that he is excited about:
the Battle of the Bones competition.
® Attended a school board meeting
Council member Kay Harrison reported that she had:
® Attended an MPO/TAC before the study session.
® Attended an RVSS meeting
® Jackson County. Roads meeting
® Medford Water Commission meeting
® Fair Board meeting
.Council. member Carol Fischer reported that she had. attended the Veterans
Memorial service.
Council member Bruce Dingier reported that he attended the Council study
session.
Council member Matt Stephenson apologized for missing the study session due
to a house fire.
Mike. Quilty added that .with .regard to the.. Regional Problem Solving process,
Jackson County has been pushing the cities to find a way to guarantee a legal
defense fund. Until LCDC accepts the County's comprehensive plan., the plan
doesn't do anything and it appears as though LCDC will be on the hook for
accepting what is put into the Plan. LCDC would not be defending our interests
or the County's interests, they will be defending their own. interests.
XIII. PART ENT REP®RTS
Public 'Works Director'Bob Pierce reported that's :group of citizens from the
Meadows have petitioned Jackson County to do something to repair Freeman
Road. Dr. Gilmour has indicated to them that the County is now willing to work
with the City. Mr.` Pierce stated that the City of Central Point has not'heard from
the County in an official capacity.
Finance Director Bev Adams reported that her department is hoping to get
requested information in the mail to the FCS group tomorrow for the water study
which has .been authorized. In addition, Mrs. Adams reported that training will
commence next. week for the citywide purchasing project. This matter will be
discussed' in greater detail at a future meeting.
City of Central Point
City Council Minutes
May 28, 2009.
Page 7
Matt Samitore reported Ghat the Downtown Beautification group will be planting
flowers in the downtown flower boxes this weekend. He further reported that he
"Hamazons" concert, a fund raiser for the Downtown Beautification group, raised
::approximately .$1,500 net fora. mosaic project at the corner of 2"d and 3~d
For Parks and Recreation, the Veterans Memorial had about 250 people for
Memorial Day and. it went. very well The Battle of the Bones project is moving
along.. There will be double the parking this year over last year.
Chris Clayton had asked Matt to give Council an update on the State's gas tax
anal with the approval of the same, Mr. Samitore presented the repercussions for
the City as far as a local gas tax goes.
Mr. Samitore reported further that the City did not get the funds for a water
reservoir.
Lastly, Mr. Samitore stated that the deadline for applying fior grant funds for the
Summer Jobs program was tomorrow.
In response to a question from. Matt Stephenson regarding the placement of
benches in Don Jones Park, Matt Samitore said they would be installed after the
landscaping has been done.
The foregoing' minutes of the May 28, 2009, Council meeting were approved by the City
Council at its meeting of , 2009..
Dated:
Mayor Hank Williams
ATTEST:
City Representative
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To: Honorable Mayor Williams and the Central Point City Council
From: Lt. Steve McGee
CC: Jon Zeliff, Chief of Police
Date: June. 2, 2009 ,
Re: Patrol vehicle lease approval
The purpose of this memo is to request your approval to lease three new marked patrol
vehicles. The vehicles we are seeking permission to lease are three (3) 2009, fully equipped..
Ford Crown Victoria's. We currently lease three Crown Victoria's and the lease on these
vehicles is due to expire at the end of June, 2009. For the past 10 years, we have leased our
patrol vehicles with the exception`of our two newest Crown Victoria's that we .purchased
outright. At the end of these two purchased vehicles patrol life, theywill be retained and used
to replace two aging volunteer vehicles.
The three new vehicles will be provided by Auto Additions and leased through Auto Leasing
Specialists, LLC. The lease period is three years and in those three years, the vehicles
cannot exceed 75,000 miles. This has worked out very well for us, because it gives us three
new patrol. vehicles .every three years. All three vehicles will have new. equipment (light. bars,
radar, cameras, etc.) installed that is written into the lease. By doing this, we tlo not have to
pay out extra money to purchase the equipment outright.. We have found that by leasing'the
vehicles, it saves the City money due to costly repairs of older vehicles. Typically, in the
fourth year of a patrol vehicles service, parts start failing and our maintenance costs go up.
There will be a once a year payment on the vehicles in the amount of $47,287.50 for three.
years. By paying the lease once a year, it takes away the burden to the Finance Department
having to issue a check every month for the payments on the vehicles. At the end of the
tease, we would have the option of purchasing the vehicles or turning them back in.
Thank you for your time and consideration in regards to this matter.
Lieutenant Steve McGee
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Administrati®n Department
Phil Messina, City Administrator
Deanna Casey, City Recorder
Barb Robson,. Human Resource Manager
~'®: Mayor and City Council
FIt®M: City Administrator Phil Messina
AGENDA ATE: June 11, 2009
SUBJECT: Proclamation for Mayors United Helping Feed Our Community
IST®ILY: Access, Inc., and Area Mayors are banding together to help feed our community.
Mayor Williams has committed to participate in this valley wide event and one
of the requests is to present Council with a proclamation.
PIt®P®SAL: Mayor Gary Wheeler of Medford has asked for Mayor Williams to participate in
this event to help Access.
FISCAL, IMPACT: There is no fiscal impact. to the City..
P®SITIVE IMPACTS: Access helps citizens from all over the valley, including Central Point Citizens
who are having a hard time in this :economy.
NEGATIVE IMPACTS: No negative impacts expected.
C® ENI)ATIN: Approve the attached :Proclamation under the Consent Agenda in order to show
our support for the Mayors United event.
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Dear Mayor Hank. Williams,
There are many people within our community who are going. hungry, and. the demand for feeding
those in need is rising. Compared to 2003, we are- now. serving. 14,650 more households (62%
increase) with 520,158 »1,~re pounds of food distributed (40% increase)...
With. this increased need, the time to act is no«~ -and we are asking for your help.
We al-e asking that all. of the mayors of cities vrithin Jackson County band together for "1Vlayors
>Cingted,lE1<elping Feed ®u>r Conyn~unity." The goal of this high-profile community-wide event is
to raise $50,000 to help feed the individuals and families served by ACCESS Inc.
Mayors ilnited, I~elping Feed ®ur C®rnn~unity involves; a kickoff event. with the mayors and
sponsor Wells Fargo; a proclamation for June 1-14 by each of the mayors (see attached sample
proclamation); amedia campaign including television., radio, print and direct mail; and a June 14
Mayors United Crescendo Event celebration party at the Jackson County Fairgrounds. & Expo
Park. This event will feature dancing, live music, and 11 restaurants having a "tapas" contest for
the Best Heart~r Appeti,ze~-s in the Valley. Please see the attached campaign packet for. more details.
Here is what we need from you:
- Commitment to participate in Mayors >rJnited, Helpeng Feed ®u>r C®munity
- Commitment to attend the kickoff event May 27
- Commitment. to make a proclamation at .your city council meeting
- Commitment to particpatein production of TV, radio and print advertisements on May 11,
from. 4-7 p.m. at The Maentz Agency Inc., Medford.
- Commitment to participate in the crescendo event on June 14
It's important for everyone to participate in this high-profile event on behalf of the mayors of
Jackson County. Please send a confirmation e-mail to Andy Durst at the Maentz Agency Inc., at
dursta@n7aentz.cam, and cc me at Mayor a ei.medford.or.us.
Thank. you for your consideration of support for this event. We look forward to a dynamic
partnership that will. benefit. members of our connnunity in need.
Sincerely,
7
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Mayor Gary Wheeler
City of Medford
(541) 774-2000
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ACCESS Inc., 3630 Aviation Way m PO Bon 4666 a Medfi~r~' 0 97501 9 (541) 779-6691 ~ www.access-inc.org
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W>=IEIBEAS, ACCESS Food Share Pantry Network was established in 1982 to obtain
and efficiently distribute nutritious foods and other. products to member agencies while
developing programs and. partnerships to help eliminate hunger. Since its establishment,
ACCESS has distributed over 30 million pounds of food throughout Jackson County; and
WI-IEREAS, ACCESS Food Share provides food for over 3,200 families each. month;
and _.
V6'I3IEREAS, ACCESS Food Share will distribute over 2.3 million pounds of food in
2008-09, equivalent to over 2.3 million meals, to citizens of Jackson Coun y; and
WI~EIBEAS, 38 percent of the members of households served by ACCESS Food Share
are children under the age of 18, 19 percent are senior citizens, and 46 percent of
households served have someone working; and
W1EiE12EAS, for every dollar donated, ACCESS Food Share is able to distribute 5
pounds of food, or $1 will provide a meal for a family of five; and
WI-IEItEI~S, often people who find themselves in the position of need are forced to
make choices between shelter, utilities, health care/medicine, transportation and food;
and too frequently adequate nutritious food is the casualty of these choices;
1®1®W, TI3EI~EF®IZE, I, Bank Williams, Mayor ®f the City ®f Central Point,. do
hereby designate June 1-14, 2009, as
ay®rs United elpin~ Fee.. ur ® unity
in Jackson County and urge all of our citizens to commit to increasing awareness and
understanding of the faces of hunger, and commit to assisting. in eliminating it from our
community.
IN WITNESS WHEREOF, I
Hereunto set my hand this
1VIa is ~~iame: I-Iank Williams
1Vlayor ®f Central P®int
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/~dministr-ati®n Depa--tment
Phil Messina, City Administrator
Deanna Casey,. City Recorder
Barb Robson,. Human Resource Manager
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Date: 05/14/09
From: Chief Jon Zeliff
To: Honorable Mayor Williams
Subject: Request for OLCC License
RE: Bobbin's Pizza. /Persons associated therewith
The following. information was found on one of the applicants Brown, Thomas James. On 12/2/2005 at
Bobbin's Pizza 7581 Hwy b2 White City, John Rhodes with the OLCC cited Brown, Thomas James for
Providing Alcohol to a Minor and Selling Alcohol without a Service Permit. On January 17th 2006 Mr.
Brown plead guilty to the charge and he was convicted of a A Misdemeanor for Providing Alcohol to a
Minor, his probation was one year and he paid $350.00 in fines.
~,~
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I
% Jon. Zeliff
Chief of Police
Central Point Police Department
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OREGON LIQUOR CONTROL COMMISSION " ~~~, '
RECEfVED APR'301009 ' ~~'~~-~!)
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L4CENSIE °I~PiES
~ Full On-Premises Sales {$402.60/yr)
f Commercial Establishment
® Caterer
Passenger Carrier
Other Public Location
® Private Club
Limited On-Premises Sales ($202.60/yr)
® Off-Premises Sales ($100/yr)
with Fuel Pumps
® Brewery Public House ($252.60)
® Winery ($250/yr)
® Other:
ACTIfVS
:Change Ownership
'Jew Outlet
® Greater Privilege
O Additional Privilege
D Other
Individuals ®Limited ^ Corporation Limited Liability
Partnership Company
FOR CIYY AIdD COUNTf USE 0P1LY
The city council or county commission:
(name of city or county)
recommends that this license be:
Granted ® bened
By:
(signature) (date)
Name:
I Title:
1. Applicant(s): [See SECTION 1 of the Guide] ~ ~ ~'
2. Trade Name (dba): ~ ~ 9i/l ~,~ b i ~~~ ~.ZT.-G~ _
3. Business Location: --~/~ D,q~' ST' ~`'`~ ~~-~c ~FN~ u~'~ ~ ! ~ 9?~"~~
(number, street, rural route) (city) (county) .(state) (ZIP rx:de)
4. Business Mailing Address:
(PO box, num~r, street, rural route) (city) (state) (ZlP code)
5. Business Numbers:
(phone) (fax)
6. Is the business at this .location currently licensed by OLCC? ®Yes o
7. If yes 4o whom: /" ' A Type of License: N - ~
8. Former Business Name: ~i~n~ f=
9. Will you have a manager? 'es ®No Name: ~'1 I"®(L~ I~
(manage~r/must fill ouf a/n~individual history form)
10. What is the local governing body where your business is located? ~'~T`7 0/` G~~,,.~rr~ ~~,~2
~ , (Warn o city or county)
11. Contact person. for this application: .~~~ ~/,if P - ~~~J ~ ~- /~ J ~°
(name) ~- _ (hone number(:
(address) ~ jfax •number (e-mail address)
i understand hat if my answers are not true and comp4ete, the ®LCC may deny my license application..
Applicant(: i ature(s) and ®ate: '
t - ~ ~ ~~ Date ® Date
® Date ® Date
_1® 5 L ~~l!~~2)
w ®~cc.~eate.or ~5
`.;~~-:
3.
4.
5.
6.
(Note: if any LLC member is another legal entity that entity must also complete an LLC, Limited
Partnership or Corporation Questionnaire. If the LLC has officers, please lisf them on a separate
sheet of paper with. their titles.)
1.
server ucats®n eslnee. /c)>7°7 .~~ ~~ [.~1®"1 t? .~~',.~/.., =~ /`~l -P
understand that if ny answers. are n®t true and. c®rnlete, th® LCC may deny nny license ap~licati®n.
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TO: Mayor ~ Council
FROM: Bev Adams, Finance Director
SUBJECT: To approve aogo budget resolutions ~ hold a public hearing
DATE: June a.~, aoog
Background:
Annually, the City of Central Point must adopt the following resolutions:
1. A RESOLUTION. CERTIFYING THE PROVISION OF CERTAIN MUNICIPAL SERVICES
2. A RESOLUTION ELECTING TO RECEIVE STATE. REVENUE SHARLNG FUNDS
3. A RESOLUTION. TO ADOPT THE BUDGET, MAKE APPROPRIATIONS & LEVY TAXES
The first resolution certifies the provision of City services. This resolution is required for the City in order to
receive state cigarette, liquor and highway taxes. The City expects to receive $901,000 from these resources
in 2009/10.
The second resolution requests State Revenue Sharing funds. Before approving this resolution, a public
hearing must be held in order to hear citizen comments on the proposed use of State Revenue Sharing funds
The City expects to receive $95,000 from this source in 2009/10.
And last, but. not least, is the resolution to adopt the 2009/10 budget,. set appropriations, and levy property
taxes. The total 2009/2010 budget is $24,.739,850; with total current and prior year property tax revenue
estimated to be $4,118,000.
RECOIl~NIENDED NtOTION:
1) That the Mayor hold a public hearing on the proposed uses of State Revenue Sharing funds.
2) That Council, by motion, approve each of the attached resolutions.
~~ ~--~ ,~
s ~+
RESOLUTION NO.
A RESOLUTION CERTIFYING THE PROVISION OF MUNICIPAL
SERVICES BY THE CITY OF CENTRAL POINT, OREGON
WHEREAS, ORS 221.760 provides that in order for cities located within counties with
population over 100,000 to receive state revenues from cigarette, gas and liquor taxes, the
State must be satisfied that the City provides certain municipal services; and,
WHEREAS, the City of Central Point wishes to certify to the appropriate state officer that the
City provides these services;
NOW, THEREFORE, BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF CENTRAL POINT,
OREGON that the City of Central Point hereby certifies that it provides to its citizens the
following municipal services:
® Police protection
® Street construction, maintenance and ligh ing
® Storm sewers
® Planning, zoning and subdivision control
® Water utilities
Passed by the Council and signed by me in authentication of its passage on June , 2009.
Mayor Hank Williams
ATTEST:
City Recorder....
Approved by me this 12th day of June, 2009
Mayor Hank Williams
~~
~~ ,~
RESOLUTION NO.
A RESOLUTION ELECTING TO RECEIVE STATE REVENUE SHARING FUNDS
FISCAL YEAR 2009-10
WHEREAS, the State of Oregon sets forth. requirements for eligibility by cities for receipt of
State Revenue Sharing funds, and the City of Central Point is desirous of receiving such funds,
and qualifies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCLL OF THE CITY OF CENTRAL POINT,
OREGON, AS FOLLOWS:
Section 1. The City hereby elects to receive distribution under ORS 221..770 of the State
Revenue Sharing funds.
Section 2. The City hereby certifies as follows:
A. The City has held at least one public hearing, after adequate public notice, before the Budget
Committee on April 13, 2009 at which citizens had the opportunity to provide written and oral
comment to the City Council on the possible uses of State Revenue Sharing funds.
B. The City has held at least one public hearing, after adequate public notice, before the City
Council on June 11, 2009, at which citizens had the opportunity to provide written and oral
comment to, and ask questions of, the City Council on the proposed use of State Revenue
Sharing funds in relation to the entire budget of the City for the fiscal year.
C. The City has levied a property tax for the year proceeding the year in which State Revenue
Sharing funds are sought hereunder and pursuant to ORS 471..810.
Section 3, A copy of this resolution shall be filed with the executive department of the State of
Oregon no later than July 31, 2009.
,~
~~
RESOLUTION NO. contd.
Passed by the Council and signed by me in authentication of its passage on June , 2009.
Mayor Hank Williams
ATTEST:
City Recorder
Approved by me this day of June, 2009.
Mayor Hank Williams
~,,
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RESOLUTION N0.
A RESOLUTION TO ADOPT THE BUDGET,
MAKE APPROPRIATIONS AND LEVY TAXES
FOR FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010
WHEREAS, a public hearing was duly held by the City Council of Central Point, Oregon, on June
11, 2009 for the approved budget in the amount of $24,739,850 for the fiscal. year July 1, 2009
to June 30, 2010; and,
WHEREAS, no increases were made to the proposed tax levy of the approved budget, nor were
any budget estimates increased more than 10% as limited by lave;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS:
Section 1. The budget as approved by the Budget Committee is now on file. in the office of the
City Finance Director and is hereby adopted as the budget for the fiscal year July 1, 2009
through June 30, 2010..
Section 2. Taxes and other receipts of the City of Central Point are hereby appropriated for the
purposes set forth below:
GENERAL FUND:
Administration 615,100
C't E h nt 143 500
i y n anceme ,
Technical Services 409,600
Mayor & Council 73,250
Finance 793,550
Parks 638,300
Recreation 516,600
Planning 556,050
Police 3,567,300
Interdepartmental 2,206;000
Total General Fund 9,519,2.50
STREET FUND:.
Capital Projects 0
Operations 1,626,300
SDC Streets ,655,200
Interdepartmental 1,317,000
Total Street Fund 3,598,500
J` ~ ~
HOUSING FUND:
Materials & Services 5,000
Transfers 25,000
Ending Balance 51,400
Total Housing Fund 81,400
CAPITAL IMPROVEMENT FUND:
Parks Capital Projects 0
Parks SDC Capital Projects 150,500
Public Works Capital Projects 0
Interdepartmental 149,500
Total Capital Improvement Fund 300,000
DEBT SERVICE FUND:
Total Debt Service Fund 773,900
BUILDING FUND:
Personnel Services 155,050
Materials & Services 27,600
Contingency 0
Ending Balance 182,750
Total Building Fund 365,400
WATER FUND:
Capital Projects
Operations
SDC Improvements
Interdepartmental
Total Water Fund
STORMWATER FUND:
0
.3,830,730
2,020,000
1,832,270
7,683,000
Operations 529,800
SDC Improvements 36,000
Interdepartmental 81,100
Total Stormwater Fund 646,900
~ ~
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PUBLIC WORKS SERVICES FUND:
Facilities Maintenance .292,800.
Public Works Administration 626,700
Fleet Maintenance 335,550
Interdepartmental 516,450
Total PW Service Fund 1,771,500
Total All Funds 24,739,850
Section 3. As authorized by law and the Charter of the City of Central Point, Oregon, there is
hereby levied upon the taxable property of said city as shown on the tax ..rolls of Jackson
County, Oregon, for fiscal year 2009-10, the rate of $4.47 per $1,000 of assessed valuation for
general government purposes, as follows:
Subject. to IVot Subject to
General. Fund Measure 5 Limits Measure 5 Limits Total
Permanent rate limit tax 5.8328 5.8328
TOTAL LEVY $4.47 $4.47
Section 4. The Finance Director is hereby directed to enter' the appropriation for each
organizational unit, program, and division of the budget separately on the proper books and
records as prescribed. by law; and is fuxther directed to certify to the Assessor of Jackson
County, Oregon, the levy of taxes of the City of Central Point, Oregon; and to take all other
steps with regard to said. budget and Jevy as required bylaw.
Passed by the Council and signed by me in authentication of its passage on June , 2009.
Mayor Hank Williams
ATTEST:
City Recorder
Approved by me this day of June, 2009.
Mayor Hank Williams
d1
~~ w9 ~ i
TO: Mayor 8~ Council
FROM: Bev Adams, Finance Director
SUBJECT: Resolution transferring budget appropriations
DATE: June ii, aoog
Background;
This resolution is to change the zoo8/o9 budget to keep the City in compliance vvith Oregon
budget law.
Because a reimbursement to the Jackson County Expo for overpayment of water in the
amount of $i4o,ooo shall be paid from the Water Fund -Operations; it is necessary to transfer
budget authority from Water. Fund. -Debt Service to Water: Fund -Operations to cover this
expense.
A transfer of appropriations decreases one appropriation. and increases another. This is the
simplest budget change allowed: under Oregon Budget faw, and does not increase the overall
budget.
N'o public hearing is required.
Recommended Action:
That Council, by motion., approve the attached resolution.
t
RESOLU710N N®.
A RESOLUTION TRANSFERRLNG APPROPRIATIONS WITHIN THE zoo8-og BUDGET
THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, HEREBY RESOLVES AS
FOLLOWS::
WHEREAS, the Mayor and City Council of the City of Central. Point determine that it is
necessary to transfer budget appropriations; and,
WHEREAS, this re-appropriation enables the City to reimburse the Jackson. County Expo Park
for overpayment of water services; and,
WHEREAS, the City will delay the budgeted payoff of the Erickson Waterline debt service
principal in order that this reimbursement can be made within the zoo8/og fiscal year period;
NOW THEREFORE, BE 17-RESOLVED BY 1'HE C11'Y COUNCIL OF THE CITY OFCENTRAL
POINT, OREGON, that for the purpose of complying with Oregon Budget Law a budget
transfer is hereby authorized as follows:
Water Fund
To: Water Fund -Operations; Water/Sewer/Stormwater $140,,000
From: Water Fund -Debt Service; Bond Principal $ 4o,oo0
Passed by the Council and signed by me in authentication of its passage this the day of
June, aoog.
Hank Williams, Mayor
ATTEST:
Deanna Casey, City Recorder
Approved by me, this day of June, aoog.
Hank Williams, Mayor
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'~';`JL~~~J~'~Ja"~ Adrnin'str~tion e_partr>I-ient
ii Phil Messina, City Administrator
f3 I~ Chris Clayton, Assistant Ciey administrator
Deanna Casey, City Recorder
Barb Robson, Human Resources Manager
Honorable Mayor and City Council
Barbara Robson,. Human Resources 1Vlanager
June 11, 2009.
Resolution. IVo. , A Resolution Extending the City of Central Point's Worker's
Compensation Coverage to Volunteers of the City of Central Point.
ST'®ItY: City County Insurance Services, the .City's worker's compensation insurance carrier,
requires that the City's. governing board approve a resolution. annually regarding worker's compensation
coverage for City volunteers. _ This resolution continues the current practice of providing worker's
compensation coverage for volunteers.
The City's volunteer contingent consists of approximately 25 Volunteers In Police Service (NIPS), numerous
After School and Kidventure program volunteers in the Parks and Recreation Department, occasional unpaid
internships. in various departments, and police reserves and explorers.
PItPSAI,: Rearm the City's policy of providing worker's compensation coverage for individual
who volunteer their services to the City.
1FISCAI. I1~PACT': Providing worker's compensation coverage for volunteers does impact the City's
worker's compensation premiums by adding additional personnel to the coverage. The additional cost in
premiums is minimal. Because we pay our worker's compensation on a retrospective, reimbursement plan,
there is the possibility that additional costs may be incurred in the event of a volunteer work-related injury..
P®SIT'IVE IliRPACT'S Providing worker's compensation coverage for volunteers increases the City's
ability to recruit individuals willing to volunteer their time and services. The NIPS volunteers alone provided
nearly 5,.500 hours of service to the City of Central Point in 2008 and more than 1,700 to date in 2009.
1\TE~AT' I .ACT'S: None
C AT'IN: otion to approve Resolution No. , A Resolution Extending the City of
Central P®int's Worker's C®anpensation Coverage to Volunteers of the City of Central Point.
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WHEREAS, the City of Central Point elects the following:
Pursuant to ORS 656.031, worker's compensation. coverage will be provided. to the classes of
volunteer workers listed on the attached Volunteer Election form.
1. An assumed monthly wage of $800.00 per month will be used for public safety
volunteers; anal
2. Non-public safety volunteers. will keep track of their hours and have their assumed
payroll reported in the correct class code for the type of work being performed, using.
Oregon minimum wage;. and
3. A roster of active volunteers (public safety and non-public safety workers) will be kept
monthly for reporting purposes. 'It is acknowledged that the Worker's Compensation
Insurance Carrier, City/County Insurance Services (CIS), may request copies of these
rosters during year end audit; and
4. Unanticipated volunteer projects or exposure not addressed herein will' be added onto
the City of Central Point's Coverage Agreement (1) by endorsement, (2) with advance
notice to CIS, and (3) allowing. two weeks notices for processing. It is hereby
acknowledged that coverage of this type cannot be backdated.
NOW, TFIEREFORE, BE IT RESOLVED by the City Council of the City of Central Point. to provide
for worker`s compensation insurance coverage as indicated. above. This resolution will be
updated annually.,
Adopted by the City Council of the City of Central Point this day of June,. 2009.
'Mayor Hank Williams
ATTESTED
Deanna Casey, City Recorder
Approved by me this day of , 2009.
Mayor Hank Williams
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Ci4y Adanistrat®r Staff Rep®rt
EET G ATE® June 1, 2 9
S C~': Cable Televisi®n I+ rant isev C attar C® tanicati®ns
1'. T' a nevi®us cable Tip franc ise wit Falc®n Cable
Syste s was a r®ved in 1995 an ez iced in 2 OS® ~® a years a~®
Falc®n Cable was acquired by C attar C® uicati®ns. C attar as
been ® eratin~ under the .1995 .franchise.
F®11®win~ a series ® franc ise eztensi®s since 2 staff as f belly
ana~e t®f Wish t e ne~ot~ati® s wit Charter. 'I' a r®cess as been
1®n~ and. frustrating®'Three- lus years area ®n~ ti a t® spend in
net®tiati®nsa C attar as ®ne franc ise net®tat®r ®r t e etire state®
ur ~itua~ti®n ~s n®t unique, ®t er cities eve ez ~ri~ce t e sa e
delays as we ave.
1
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2) Can tlne City regulate pr®~ra i and place ent ®n t e c annel
tier ® specif c r®gragns'?
'T a city has n® aut11®rity t® regulate cable TV pr®gra ing.
Essetially, t e ranclflise d®es still pr®tect t e City's rig t-® ways, and
t .ere is extensive language as t®C ar~ter's res ®asibii in lacing its
facilities in the ublic-®wned
Secti®n 3 ® Pu lic avs
Secti®n a Cust® er Se ice
Charter is pr®vidi basic cable service t® the sch®®ls, library, City all
and t e P®lice e a ent at n®c arse.
Charter is required t® eet ®r emceed t e tech ical star ands ®f t e
Federal C® unicati®ns C® iss~® CC).
Secti® 5o PEG Access
Secti®n 7m Fees Pay ants
C arter will pay a franc ise fee ® 5®/® ®r t e azi u all®we by state
law.
Ter e The ter ® t is agree ant is f ve () years.
Secti®n 9a 'Transfers, wners i~ and C®ntr®1
t e ®wners ip ® t e ca le syste is transferred C attar will need t e
c®nsent ®f t o City, t r®u~ a res®luti®n ® t e City C®uncil ,
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S®I.iJ'TIN Nd
A S®LIJTIN AiJT ® ZING 'TIIE E C IN F' A NNEXCI.LTSI
C LE TEI.EVISIN F C ISE AG E NT T'II
C TER C ICA'I'INS, NCe
WHEREAS, Charter Communications, Inc., is duly authorized to operate and maintain a
cable communications system in the City of Central Point; and,
WHEREAS, Charter Communications wishes to continue to provide Cable Service to the
Citizens of Central Point and has requested a renewal cable Franchise in order to do so;
and
WHEREAS,. the City has determined that granting of a franchise on the terms set forth is
in the best interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CENTRAL POINT, OREGON, that the Mayor is hereby authorized and directed to
execute, on behalf of the City of Central Point, the Franchise Agreement between Charter
Communications Incorporated and the City of Central Point, in the form attached as
Exhibit "A" by this reference incorporated for a term extending from July 1, 2009 to June
30, 2014.
Passed by the Council and signed by me in authentication of its passage this
day of June, 2009.
Mayor Hank Williams
ATTEST:
City Representative
Approved. by me this day of June, 2009.
m
1 I I°TI S .................................................................................................................. 1
1.1 Definitions in Cable Act .............................................................................. 1
1.2 Council ....................................................................................................... 1
1.3 Drop ................................................................................ ................. 1
1.4 Effective Date ........................................................................................... 1
1.5 FCC ........................................................................................................... 1
1.6 Franchise ................................................................................................... 1
1.7 Grantee ...................................................................................................... 1
1.8 Grantor ....................................................................................................... 1
1.9 Gross Revenues ....................................................................................... 2
1.10 Person ...................................................................................................... 2
1.11 Public School ............................................................................................. 2
1.12 Public ways .................................................................................
......... 2
.
....
1.13 Service Area .............................................................................................. 2
1.14 State .......................................................................................................... 2
1..15 Subscriber .................................................................................................. 2
2 T I °T ........................................................................................................ 2
2.1 Permission Granted ................................................................................... 2
2.2 Nonexclusive .............................................................................................. 3
2.3 Service/Line-Extension ............................................:................................. 3
2.4 Emer ec,;~ Weiss .............................................................................................. 3
2.5 Emergency Alert S s~ ........................................................................... 4
2.6 Compliance with Applicable Law .........:..................................................... 4
2.7 Construction Codes and Permits ............................................................... 4
2.8 Backup Power ............................................................................:.:............. 4
3 L1 Y ................................................................................................................ 4
3.1 No Eurden on Public lnlays .......................:............................................... 4
3.2 MiniPnum Interterence ................................................................................ 4
3.3 Restoration of Property .................................:................................:........... 5
3.4 Relocation of Facilities ............................................................................... 5
3.5 Relocation for a Third Party ..................................................................... 5
3.6 Reimbursement of Costs ................................................................:.......: 5
3.7 Emergency Notification .............................................................................. 5
3.8 Underground Facilities ............................................................................... 5
3.9 New Deyelopments .................................................................................... 6
3..10 Annexation ............................................................:.................................... 6
3.11 Vacation ..................................................................................................... 6
3.12 Discontinuance and Removal of the Cable S sa tem ......................::.:......... 6
3.13 Underground Street Crossing .................................................................... 7
3.14 Tree Trimming ........................................................................................... 7
3.15 Maps .......................................................................................................... 7
ST S I ...........................................................:....................................... 7
4.1 Customer Service Standards ..................................................................... 7
4.2 Free Service .............................................................................................. 7
4.3 Access to Service ..................................................................................... 8
4.4 Programrnng/Lockout ....................... ... ..................... 8
4.5 Blocking .................................... ......... .................. 8
4.6 Phone ...................................................... .... .......................
... .. 8
4.7 Continuity of Service .............................................. ...... .......................... 8
4.8 Log of Complaints ........................................ ...... ..................
..... 8
4.9 Privacy and Monitoring .......................................:........ ........................ 8
4.10 Subscriber Information and Inspection. of Records .................................... 9
.4.11 FCC Technical Standards ..............:.......:.:.......:..................................... 9
ii
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G ACCESS ................................................................................................................. 9
5.1 PEG Channels ...:..................................................................................... 9
6
7
1
11
I I S .......................................................:........................... 10
6.1 Indemnification ....................................................,....................................10
6.2 Insurance .....:.......................:.............................:....................................11
6.3 Additional Insured/Claims Made Sasis ...:...........:......:...............:............11
F S A °TS .....:......:......................................:............:..............................11
7.1 Franchise Fee .... ................... ..... .... ... :......................,......11
7.2 Other Payments ......:..:.::...:.........................:.......:................................... 11
7.3 Interest ..............:............:...................'........:...........'............:...................11
T .................:..:....................................................................'...................................12
8.1 l'erm .........................................................................................................12
8.2 Cable System Franchise Required ...........................................................12
8.3 Procedures for Renewal ..................................:........................................12
8.4 Eeual Protection ......................:. ... ...................12
T S S, I 1° L ........................:....................................13
9.1 Transfer/Consent Reouired ................:...................................................13
LI .......................................................'.........:.....................................13
10.1 Noncompliance .................................................:.:..................................13
10.2 Uncured Noncompliance ..........::......:......................................................13
10.3 Public Hearing ....................... ........:....... .... ..................14
10.4 Enforcement ................................................ .......... ....................14
I S ........................................... ... ................14
11.1 Remedies ..........................:........:........ .. ... ................14
11.2 Revocation .....:..:................................................ ..... ....................14
......11.3 Remedies Not Exclusive .............................. ....:. ...... ........................15
11.4 Good Faith Intention ..................................... .. ..... .........15
12 I S I I .............................................................15
12.1 Entire Franchise ............................. ....... ...............15
12.2. Notices ................................ .... ...........................15
12.3 Governing Law .................................:.................. ..::.............................16
12.4 Waiver of Compliance ..................................... ...... ...............16
.......12..5 Severability ............................... ........ ..................16
12.6 Effective Date ................................ ............................16
12..7 Captions.... ..........................:..................................................................16
....:...12.8 Conflicts ...................................................::........'....................................16
.........12.9 Subsequent Action/Modification: ..............:................:............:.................16
12.10 Non.-Waiver. Preemption .........::....::...............::.....................................17
1.2..11 Force Majeure ..........................................................................................17
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12.12 Action of the Parties ................................................................................. 17
12.13 Public Notice ............................................................................................ 17
I
.................................................................................................... .........1~
I°T LIST LI I I ....................:..................................................... 19
iv
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TINS I' CIIISE is made and entered into by and between the City of Central Point, Oregon, a municipal
corporation duly organized under the laws of the State of Oregon (hereinafter called "Grantor) and Falcon Cable
Systems Company II, L.P.,1/k/a Charter Communications (hereinafter called "Grantee).
~'ITl~SSETI3
i~'IIE AS, Grantee wishes to continue to provide Cable Service in the Service Area and has requested a
renewal cable franchise in order to do same; and
WIiE AS, Grantor is authorized to grant one or more non-exclusive franchises for the provision of Cable
Service within the Service Area by means of a Cable System;. and
WIIE AS, Grantor has reviewed Grantee's request and. has considered the terms and conditions of
Grantor's current cable franchise dated June 22, 1995; and
WI~EItEAS, Grantor has determined that granting of a franchise on the terms set forth herein is in the public
interest and in the interest of its residents and Grantor finds that the Grantee has substantially complied with the
material terms of the current franchise under applicable laws, and that the financial, legal and technical ability of
the Grantee is sufficient to provide services, facilities and equipment necessary to meet the future cable related
needs and interests of the community; and
WIIE AS, the Grantor and Grantee have complied with all Federal and State-mandated procedural and.
substantive requirements pertinent to this franchise renewal; and
WIIEI~EAS, Grantor has afforded the public adequate notice and an opportunity for comment on this renewal
franchise
N®~', T E F® , in consideration. of.the mutual covenants and promises herein contained, the parties
hereto agree as follows:
1. DEFINITIONS.
1.1 "Basic Tier", "Cable Services," "Cable System," "Cable Operator" and "Basic Cable Service"
shall be defined as set forth in the Cable Act.
1.2 "Council" shall mean the government body of the Grantor.
1.3 "Drop" shall mean the cable or wire that connects the distribution portion of the Cable System
to a Subscriber's premises.
1.4 "Effective Date" shall have the meaning set forth in Section 12.6.
1.5 "FCC" shall mean the Federal Communications Commission and any successor governmental
entity thereto.
1.6 "Franchise" shall mean the non-exclusive rights granted pursuant to this franchise to construct
and operate a Cable System along the Public Ways within all or a specified area in the Service Area.
1.7 "Grantee" shall have the meaning set forth in the introduction to this Franchise..
1.8 "Grantor" shall have the meaning set forth in the introduction to this Franchise.
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1.9 "Gross Revenues" shall mean any and all revenue, determined in accordance with generally
accepted accounting principles, received by Grantee from the operation of the Cable System to provide Cable
Services within the Service Area, provided however that such phrase shall not include: (1) any taxes, fee or
assessment of general applicability collected by the Grantee from Subscribers for pass-through to a government
agency, including the FCC User Fee; (2) any unrecovered bad debt; (3) credits, refunds and deposits paid to
Subscribers; (4) any exclusions available under applicable State law; and (5) any PEG or I-Net amounts recovered.
from Subscribers, if applicable.
1.10 "Person" shall mean an individual, partnership, association, organization, corporation, trust or
government entity or any lawful successor, transferee or assignee. of said .individual, partnership,. association,
organization, corporation, trust or government entity...
l .l 1 "Public School" shall mean any school at any educational level operated within the Service
Area by any accredited public school system, but limited to, elementary, junior high school or high school.
1.12 "Public Ways" shall mean all publicrights-of--way, streets, roadways, highways bridges, land
paths, boulevards, avenues, lanes, sidewalks, circles,: drives, easements, and alleys which have been dedicated to the
public and other similar public ways and extensions and additions thereto, including but not limited to public utility
easements, dedicated utility strips, or rights of way dedicated for compatible uses now or hereafter held by the
Grantor in the Service Area,. which shall entitle the Grantee to the use thereof for the purpose of installing, operating,
repairing and .maintaining the Cable System. "Public Ways" shall also include public rights-of--way, streets,
roadways highways,: bridges, land paths, boulevards, avenues, lanes, sidewalks, circles, drives, easements, and
alleys and other similar public ways and extensions and additions thereto, including but not limited to public utility
easements, dedicated utility strips,. or rights of way dedicated for compatible .uses now or hereafter held by the
Grantor in the Service Area, which shall entitle the Grantee to the use thereof for the purpose of installing, operating,
repairing and maintaining the Cable System and which have not been dedicated to the public to .the extent that
despite such non-dedication City has the ability to grant the rights set forth herein.
1.13 "Service Area" shall mean the geographic boundaries of the City of Central Point,. Oregon; the
entire area within the corporate limits of the City of Central Point, Oregon and shall include any additions thereto by
annexation or other legal means, subject to the exception set forth in Section 2.3 .herein.
1.14 "State" shall mean the State of Oregon
1.15 "Subscriber" shall mean any person lawfully receiving Cable Services from Grantee in the
Service Area.
2. GRANT OF RIGHTS
2.1 Permission Granted. Subject to all the terms and conditions contained in this Franchise, Grantor
hereby grants Grantee anon-exclusive Franchise which authorizes the Grantee to erect, construct,. install, and
maintain in, upon, along, across, above and over and under the Public Ways a Cable System to provide Cable
Services in the Service Area and to operate and maintain a Cable System in such Service Area. Nothing in this
Franchise shall be construed to prohibit the Grantee from offering any service over its Cable System that is not
prohibited by Federal or State law.
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2.2 Nonexclusive Right to Provide Cable Service and Grantor's Police Powers. This Franchise and all
rights granted hereunder are nonexclusive. Grantor reserves the right to grant such other and future franchises as it
deems appropriate.. This Franchise does not establish any priority for the use of the Public Ways by Grantee or by
any present or future .franchisees or other permit holders. In the event of any dispute as to the priority of use ofthe
Public Ways, the first priority shall be to the public generally, the second priority to Grantor in the performance of its
various functions, and thereafter, as between franchisees and other permit holders, as determined by the Grantor in
the exercise of its generally applicable police powers reserved to and conferred on it by the State of Oregon. The
Grantee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance, to the extent
that the provisions of the ordinance do not have the effect of limiting the benefits or expanding the obligations of the
Grantee that are granted by this Franchise. This Franchise is a contract and except as to those changes which are the
result of the Grantor's lawful exercise of its general police power, the Grantor may not take any unilateral action
which materially changes the explicit mutual promises in this contract. Any changes to this Franchise must be made
in writing signed by the Grantee and the Grantor. In the event of any conflict between this Franchise and any
Grantor ordinance or regulation, this Franchise will prevail.
2.3 Service/Line-Extension.
2.3.1 Whenever the Grantee receives a request. for service by a potential Subscriber and there is a
minimum density of at least thirty (30) dwelling units per linear strand mile (excluding any home
subscribing to any satellite service) as measured. from Grantee's closest trunk line that is actively
.delivering Cable Service as of the date of such request for service and provided such residence is
within one hundred twenty five feet (125') of Grantee's feeder cable,. Cable Service will be provided
to the Subscriber at Grantee's published rate card for standard. installations. Notwithstanding the
foregoing, the Grantee shall have the right, but not the obligation, to extend the Cable System into
any portion of the Service Area. where another operator is providing Cable Service or into any
annexed area that is not contiguous to the present Service Area of the Grantee. Grantee shall not be
obligated to provide service to any area where the provision of such service would be financially or
technically infeasible.
2.3.2 No Subscriber shall be refused service arbitrarily. However, if an area does not meet the
density requirements of subsection 2.3.1 hereinabove, the Grantee shall only be required to extend
the Cable System to Subscribers in that area if the Subscribers are willing to share the capital costs of
extending the Cable System. The Grantee mayrequire that payment of the capital contribution in aid
of construction borne by such potential Subscribers be paid in advance. Subscribers shall also be
responsible for any standard/non-standard installation charges to extend the Cable System from the
tap to the residence.
2.4 Emer eg ncies, Grantor may as reasonably necessary remove the Cable System in the case of fire,
disaster, or other emergencies threatening life or property. In such event, neither Grantor nor any agent, contractor
or employee thereof shall be liable to Grantee or its customers or third parties for. any damages .caused them or the
Cable System, such as for, or in connection with, protecting, breaking through, moving, removal, altering, tearing
down, or relocating any part of the Cable System, unless such acts amount to gross negligence on the part of the
Grantor.
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2.5 Emergency Alert System. Grantee shall provide without charge to Grantor an emergency alert system
("Emergency Alert. System") in accordance with applicable Federal and State rules and regulations.
2.6 Compliance with Applicable Law. In constructing, maintaining,. and operating the Cable System,
Grantor shall .act in a good and workmanlike manner, in accordance with good engineering practices and all work
shall beperformed by experienced maintenance and construction personnel. The Cable System shall be designed,
constructed and operated so as to meet those technical standards adopted by the FCC relating to Cable Systems
contained in Part 76 of the FCC's rules and regulations, from time to time, amended. The Grantee shall at all times
employ ordinary care and shall use commonly accepted methods and devices preventing failures and accidents
which are likely to cause damage. Grantor shall comply in all respects with all applicable codes, including the
National Electrical Safety Code (latest edition), the National Electric Code (latest .edition), and all applicable
Federal, State, and generally applicable local. laws... Grantee shall test. the .Cable .System.: consistent with FCC
regulations.
2.7 Construction Codes and Permits. Grantee shall obtain all legally required permits before
commencing any ..work requiring a permit, including the .opening or disturbance of .any Public .Way within the
Service Area. The Grantor shall cooperate with the Grantee in granting any permits required, providing such grant..
and subsequent construction by the Grantee shall not unduly interfere with the use of such Public Way. The Grantee
shall :adhere to all building and zoning codes currently or hereafter applicable to construction, operation or
maintenance of the Cable System in the Service Area, provided that such codes are of general applicability and such:
codes are uniformly and consistently applied by the Grantor as to other public utility companies. and other entities
operating in the Service Area.
2.8 Backup Power. Grantee shall provide emergency power sources or auxiliary power to insure
continued operation of the Cable System in the event of a power failure.
3. PUBLIC. WAYS
3.1 No Burden on Public Ways. Grantee shall not erect, install,. construct, repair, replace or maintain its
Cable System in such a fashion as to unduly burden the present or future use ofthe Public Ways, Grantee shall have
the right to utilize existing poles, conduits and other facilities whenever possible and shall not construct or install
any new, different, or additional poles, conduits, or other facilities on public properly without obtaining all legally
required permits of the Grantor.
3.2 Minimum Interference. The Cable. System shall be erected and maintained by Grantee so as to cause
minimum interference with the use of the Public Ways and with the rights or reasonable convenience of property
owners who adjoin any of the Public Ways. The Grantee shall at all times employ ordinary care and use commonly
accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or
nuisances to the public.. Suitable barricades,. flags, lights, flares or other..devices shall be used at suchtimes and
places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in
any Public Way by the Grantee shall be placed in such a manner as not to interfere with the usual travel on such
Public Way.
3.2.1. Grantee shall move, at the .request of the property owner or any .person holding a lawful
permit issued by Grantor and upon receipt of reasonable. advance written notice to be received by
Grantee no less than ten (10) business days prior to removal, any pedestals that are placed so as to
obstructor. significantly impair access,to property, whether public or private, so as to remove the
obstruction. In the event any pedestal becomes an obstruction by virtue of property owner's change
in use of his property, then in such case the Grantee shall remove the obstruction withthe cost to be
paid by the requesting property owner.
3.3 Restoration of Property. Grantee shall restore at its sole cost and. expense, any private property or
portion of the Public Ways that is in any way disturbed by the construction, operation, maintenance or removal of
the Cable System to a condition reasonably comparable to the condition which existed prior to the disturbance: `Such
a restoration shall start promptly upon Grantee becoming aware of the problemin question.
3.3.1 In the event Grantee fails to restore property Grantee shall promptly reimburse Grantor for
the cost to Grantor for repairing any municipal property harmed by Grantee should Grantor choose to
'conduct such repairs at its expense and in the event Grantee fails to restore said property after
receiving notice of repair. Grantee shall reimburse Grantor only after prior written notice of the
manner and the itemized cost of repair is given to Grantee.
3.4 Relocation of Facilities.' 'Grantee :shall at its own cost and expense and upon reasonable advanced
written notice, to be not less that ten (10) business,days,' protect, support, disconnect or remove from the Public
Ways any portion of the Cable System when lawfully required to do so by the Grantor pursuant to its generally
applicable police powers and due to street or other public excavation, construction, repair, grading, re-grading or
traffic conditions; the installation of sewers, drains, water pipes, or municipally-owned facilities of any kind; or the
vacation, construction or relocation. of streets or any other type of structure. or improvement of a'public agency or
any other type of public project or improvement necessity. Grantee shall be responsible for`any costs associated
with these obligations to the same extent all other users of the Grantor's Public Ways are responsible for the costs
related to the relocation of their facilities.
3.5 Relocation for a Third Part~The Grantee shall, on the request of any person holding a lawful permit
issued. by the Grantor, protect, support, raise, lower, temporarily disconnect,. relocate in or remove from the Public
Way, as necessary, any property of the Grantee, provided. that the expense of such is paid by any such Person
benefiting from the relocation and the Grantee is given reasonable advance written. notice to prepare for such
changes..The Grantee may require such payment in advance. For purposes of this subsection, "reasonable advance
written notice" shall be no less than ten (10) business days in the event of a temporary relocation and no less than
one hundred twenty days (120) for a permanent relocation.
3.6 Reimbursement of Costs. If funds are available to any Person using the Public Ways for the purpose
of defraying the cost of any of the foregoing relocation, the Grantor shall reimburse the Grantee in the same manner
in which other Person(s) affected by the requirement are reimbursed. If the funds :are controlled by another
governmental entity, the Grantor shall make applcationfor such funds on'behalf of the Grantee.
3.7 Emergency Notification.' Grantee shall provide City with twenty-four (24) hour emergency telephone
numbers at which a`responsible representative of Grantee can be accessed in the event of an emergency.
3.8 Underground Facilities.. Grantee's cable, wires and other equipment shall be placed underground.
wherever existing. telephone and electric services are both placed underground at the time of system construction. 'In
areas where either telephone or electric utility facilities are installed aerially at the time of system construction, the
Grantee may install its facilities aerially with the understanding that at such time as the existing aerial. facilities are
required to be placed underground by the Grantor, the Grantee shall likewise place its facilities underground. If
Grantor in the futurerequires that, in a specific area or areas of the Service Area, utilities shaltplace their cables,
wires, or other equipment underground, then Grantee also. shall place its existing and its future cables, wires, or other
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equipment underground within a reasonable period of time of notification by Grantor and without. expense or
liability therefore to Grantor.: However,. in the event that any telephone or electric utilities are .reimbursed by the
Grantor or any agency thereof for the placement of cable underground or the movement of cable, Grantee shall be
reimbursed upon the same terms and conditions as any telephone, electric. or other utilities..
3.9 New Developments. In cases of new construction or property development Grantee shall install its
Cable System in all new subdivisions and developments on the date on which electric or telephone facilities are
installed in such subdivision or development unless Grantee is not notified of the subdivision or development. In
cases of new construction or property development where utilities are to be placed underground,. the Grantor agrees
to require as a condition of issuing. a permit .for open trenching to any developer or property owner that such
developer or property owner give Grantee at least thirty (30) days prior written notice of such construction or
development, and of the particular dates on which open. trenching will be available for Grantee's installation of
conduit, pedestals .and/or vaults, and laterals to be provided ,at Grantee's .expense. Grantee .shall also provide
specifications as :needed for trenching. ;Costs of ;trenching ,:and. easements required to bring _ service to the
development. shall be .borne by the developer or property owner; except that if .Grantee fails. to install its conduit,
pedestals and/or vaults, and laterals within five (5) working days of the date the trenches are available, as designated
in the notice given by the developer or property owner, then should the trenches be closed after the five-day period,
the cost of new trenching is to be borne by Grantee. After Cable System installation, :Grantee shall. be capable of
providing Cable Service to any dwelling unit in such subdivision or development solelyby the construction of a
Drop to the Subscriber premises when such dwelling unit is constructed.
3.10 Annexation. The Grantor shall provide prior. notice to the Grantee of its annexation of any
contiguous territory which is being provided Cable Service by the Grantee or its affiliates, Such annexed area will
be subject to the provisions of the franchise which previously covered that area. throughout..the term of this
Franchise, although the Grantor will replace the previous franchise authority. Grantee shall pay the Grantor
franchise fees on revenue received from the operation of the Cable System to provide Cable Services in the Service
Area and in any area annexed by the Grantor if the Grantor has provided written notice to the Grantee prior to the
date of such annexation.
3.11 Vacation.. If a Public Way where Grantee has facilities is vacated, eliminated, discontinued or closed,
Grantee shall be notified of same and all .rights of Grantee under this_Franchise to use same shall terminate_and
Grantee shall remove the Cable System from such Public Way within one hundred twenty (120). days from written
notice requesting vacation, unless Grantee obtains all necessary easements from the affected. property owners. to use
the former Public Way or a court orders the provision of such. easements. Where reasonably possible and to the
extent consistent with the treatment of other utility facilities in the former street;or Public Way, Grantor shall
reserve easements for Grantee to continue to use the former Public Way. Grantee shall bear the cost of any removal
or relocation ofthe Cable System unless the vacation is primarily for the benefit of a private party, in which case the
privateparty shall bear such costs.
: 3.12 Discontinuance and Removal of the Cable S, sy tem. Upon the revocation or termination of this
Franchise, unless an extension is granted, Grantee shall discontinue the provision of Cable Services and. all rights of
Grantee to use the Public Ways .shall cease. Grantee, shall .remove .its .Cable ..System, .including all supporting
structures, poles, transmsson`and distribution system and other,appurtenances,fixtures orproperty from the Public
Ways, in, over, .under, along, or through :which hey ;are installed :within six (6) months of the revocation or
termination of his Franchise.-Grantee hall also restore any property, public or private, to a condition reasonably
comparable to the condition that existed prior to the installation, erection or construction of its Cable System. If
such removal and restoration is not completed within six (6) months after thexevocation, termination, or expiration
of this Franchise, all of Grantee's property remaining in the affected Public Ways shall, at he option of Grantor, be
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deemed abandoned and shall, at the option of Grantor, become its property or Grantor may obtain a court order
compelling Grantee to remove same. In the event Grantee fails or refuses to remove its Cable System or to
satisfactorily restore all areas to a reasonably comparable condition to that which existed prior to the original
construction of the Cable System, Grantor, at its option, may perform such work and collect the actual and itemized
costs thereof from Grantee.
3.13 Underground Street Crossing. Whenever Grantee must place the Cable System or other facilities
beneath the traveled orpaved portion of the Public Ways, unless otherwise approved in advance by Grantor, Grantee
shall do so by boring (directional or otherwise) and not by excavation of a trench. Boring (directional or otherwise)
shall be done wherever possible so that. the: excavations necessary for it are not in the paved portion of any Public
Way.
3.14 Tree Trimming. Grantee may trim trees upon and overhanging the Public Ways so as to prevent the
branches of such trees from coming into contact with the Cable System so as to protect its wires and facilities.
Grantee shall minimize the trimming of trees to trimming only those trees which are essential to maintain the
integrity of the .Cable System..
3.15 Mans. Grantee shall keep accurate, complete and current maps and records of the Cable System and
its facilities and shall. provide copies to Grantor as set forth below.
3.15.1 Grantee shall provide upon receipt of a written request from Grantor a map detailing the
location of its facilities' in the Public Ways, but not the architecture nor design of said facilities.
4 CUSTOMER SERVICE
4.1 Customer Service Standards. Grantee shall comply with service standards adopted by the FCC, which
may from time to time be amended. "
4.2 Free Service. The Grantee shall provide and maintain one free outlet of Basic Service to each state
accredited. Public School and library listed on Exhibit A. Any such'Public School. may install, at its expense,
additional outlets'for classroom purposes as it desires, provided that ouch installation shall not interfere with the
operation of Grantee's Cable System,'and that the quality and manner of installation of such additional outlets shall
have been approved by the Grantee and shall'comply with"all local, State and Federal laws and regulations. Grantee
shall also provide `for an administrative charge as set forth on Exhibit A, for one outlet of Basic Service to each
Public Building located in the Service Area: served by the Cable' System and listed on Exhibit A. Such
AdministratveFee is subject to change upon thirty (30) days notice to the Grantor. All other services above Basic
Service received. by the Public Buildings shall be billed at current rate card rates and such rates are subject to change
with thirty (30) days prior notice. Any such Public Building may request additional outlets at no expense except for
the cost of installation as it desires, provided that such installation shall not interfere. with the operation of Grantee's
Cable System, and that the quality and manner of installation of such additional outlets shall have been approved by
the Grantee and shall. comply with'a111oca1, State and Federal laws and regulations. The Cable Service provided
pursuant to this Section 4.2 shall not be used for commercial purposes and such outlets shall not be located in areas
open to the public. The Grantor shall take reasonable precautions to prevent any use of the Grantee's Cable System
that results in the inappropriate use thereof or any loss or damage to the Cable System. The Grantor shall hold. the
Grantee harmless from any and all liability or claims arising out of the provision and use of Cable Service required
by this Section 4`.2. The Grantee shall not be required to provide an outlet to any such building where a standard
drop of more than one hundred twenty five feet (125') is required, unless the Grantor orbuilding owner/occupant
agrees to pay the incremental cost of any necessary extension or installation.
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4.3 Access to Service. Grantee shall not deny service, deny access, or otherwise discriminate on the
availability or rates, terms or conditions of Cable Services provided to Subscribers on the basis of race, color, creed,
religion, ancestry, national origin, gender, disability, age, sexual orientation, familial status, marital status, location
within the Service Area, or status with regard to public assistance. Grantee shall comply at all times with all
applicable Federal, State .and generally applicable local laws and regulations relating to nondiscrimination. Grantee
shall not deny or discriminate against any group of actual or potential Subscribers in the Service Area on access to
or the rates, terms and conditions of Cable Services because of the income level or other demographics of the local
area in which such group maybe located, provided all users of the Public Way providing Cable Services in the
Service Area. are subject to the same terms and conditions.
4.4 Proprammin Lockout.. Grantee shall at reasonable cost provide all Subscribers with the option of
obtaining a device by which the Subscriber can prohibit the viewing of a particular Cable Service during periods
selected by the Subscriber.
4.5 Blocking. Upon request by a Subscriber and within a reasonable period. of time, for a fee, Grantee
shall block such Subscr7ber from receiving both the. audio and video portions.. of a channel on which programming is
provided on a per. program or pay per view basis....
4.6 Phone. Grantee shall agree to maintain a local payment reception facility at City Hall incoordination
with the Grantor. In the event that the City Hall local payment reception facility is not available, then Grantee shall
agree to maintain a local payment reception facility which may include a third party payment center within or in near
proximity to the city limits. of the Grantor.: Grantor shall. also provide a toll free telephone number for use by
Subscribers twenty-four (24) hours per day, seven (7) days per week.
4.7 Continuity of Service. Throughout the term of the Franchise, Grantee shall operate the Cable System
and provide Cable Services twenty-four (24) hours per day, seven (7) days per week. Grantee shall voluntarily
interrupt Cable Service in the Service Area only with prior notice to Subscribers, for good cause, and for the shortest
time possible except in the following situations where no prior notice shall be required: (a) in emergency situations,
(b) as required by the FCC and (c) for routine testing, maintenance and repair (which is usually conducted between
1.:00 a.m. and S:OO am). In the event of a Cable System upgrade, Grantee shall both minimize any interruptions in
Cable Service caused by the upgrade, and shall meet with the Grantor in advance to advise Grantor of the nature,
geographic extent and duration of any interruptions and obtain, and where possible respond to, Grantor's comments
on same.
4.8 Log of Complaints. Grantee shall maintain. a record of all .Subscriber complaints regarding
interruptions or degradation of Cable .Service for one (1) year. Upon written request from Grantor, Grantee shall
provide Grantor with a copy of its Subscriber complaints file or summary. -
4.9 Privacy and ~lonitorin~. Neither Grantee. and its agents nor Grantor and its agents shall tap or
monitor, or arrange for the tapping or monitoring, or permit .any other person to tap or monitor, any cable, line,
signal, input-device, or Subscriber facility .for any purpose, without the written authorization of the affected
Subscriber. Such authorization shall be revocable. at any time by the Subscriber without penalty by delivering a
written notice of revocation to Grantee and/or Grantor; provided, however, that Grantee may conduct system-wide or
individually addressed "sweeps" solely for the purpose of verifying Cable System integrity, checking. for illegal taps
or billing.
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4.10 Subscriber Information and Inspection of Records. Grantee shall permit any duly authorized
representative of the Grantor, upon receipt of advance written notice to examine during normal business hours and
on anon-disruptive basis, any and all records that are legally permissible for release and which are reasonably
necessary to ensure Grantee's compliance with the Franchise. Such notice shall specifically reference the section or
subsection of the Franchise that is under review so that the Grantee may organize the necessary books and records
for easy access by the Grantor. The Grantee shall not be required to maintain any books and records for Franchise
compliance purposes longer than three (3) years, except for service complaints, which shall be kept for one (1) year..
The Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act.
The Grantor agrees to treat as confidential any books, records or maps that constitute proprietary or confidential
information to the extent Grantee makes the Grantor aware of such confidentiality. If the Grantor believes it must
release any such confidential books or records in the course of enforcing this Franchise, or for. any other reason, it
shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. Until otherwise
ordered by a court or agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by state and
federal law, it shall deny access to any of Grantee's books and records marked confidential, as set forth above, to any
Person. Company shall not release any information as to the programming actually watched by a Subscriber.
Grantee shall not release Subscriber information of a personally identifiable nature. Grantee shall not sell or
otherwise provide to other persons lists of the names and addresses of Subscribers,: except pursuant to a court order
and in accordance with Section 631 of the Cable Act. Grantee may disclose Subscriber information. as necessary to
render or conduct a legitimate business activity related to a Cable Service or other service provided by Grantee to the
Subscriber or to detect unauthorized reception of cable communications or Cable Services.
4.11 FCC Technical Standards. Grantee shall meet or exceed. the FCC's'technical standards that maybe
adopted from time to time and shall upon written request from the Grantor provide Grantor with a copy of the latest
FCC Proof of Performance test for the Cable System.
5 PEG ACCESS
5.1. PEG Channels. Within twelve (12) months from a written request from the Grantor, Grantee shall
provide one { 1) channel on the Cable System. for use by the Grantor for non-commercial, video programming for
education and government ("EG") access programming. The. EG Channel shall be placed on the basic tier of
service.. In the event that customer digital penetration in the Service Area is'at or exceeds 65%, then Grantee
reserves the right to relocate the EG:channel to any tier of serviceupon`Grantor approval which shall not be
unreasonably withheld.
5.1.1. The Grantor agrees that its request for its EG Channel shallinclude a report, which shall
include a programming schedule as verification that the Grantor will meet the following
programming utilization levels and criteria: the EG Channel must air first'run or first re-run
original programming from programs that have not previously been shown on that EG Channel, or
live telecasts or he first or second repeat of elected officials' meetings seventy percent, (70%) of
the time during the hours between 11:00 am and 11:00 pm for any twelve (12) consecutive weeks.
In .the event that the programming levels as set forth hereinabove are not maintained, the EG
Channel. will return. to the Grantee.: In the event the Grantor `chooses. not to fully use the EG
Channel or violates the above usage provisions, the Grantee also reserves the right to use the EG
Channel during. the hours that the Grantor or other governmental or educational entity is not using
the EG Channel. Unless the EG channel reverts back to the Grantee for the Grantee's use as
indicated hereinabove, Grantee shall not air programming on the dedicated EG Channel when the
EG Channel is being utilized by the Grantor. If Grantee believes that the EG Channel has
underutilized time, Grantee shall notify City in writing. If the City does not respond within thirty
(30) days from the City's receipt of such notice, Grantee reserves the right to reclaim the unused EG
channel and/or the unused portion of the EG channel. The Grantor shall agree to indemnify, save
and hold harmless the Grantee from and against any and all liability resulting from the Grantor's use
of the aforementioned EG Channel. The Grantee shall dedicate the EG Channel to the Grantor for
the term of this Franchise or for so long as the EG Channel is in use by the Grantor. Grantor shall
be responsible for operating the EG Channel and for approving. all EG tape submissions from the
general public. Grantor shall have sole and exclusive control and responsibility for operating and:
managing the EG channels while being. used by the Grantor. The EG Channel will not be used for
commercial purposes, such as leasing. capacity, advertising, or any use whatsoever that may generate
revenue for the Grantor or compete with current or future services provided by Grantee. The
Grantor or its designee may determine non-discriminatory rules and regulations regarding the
.production, administration and cable casting of EG access programming.
5.1,.2. At any time during the term of the Franchise, Grantor may request capital support from the
Grantee for EG. Upon. the Grantor's determination that such support is reasonable to meet the
demonstrated cable-related needs of the community, the Grantor shall notify the Grantee in writing
of these needs, the amount of capital support required and a justification demonstrating the need for
said capital support related to the .equipment .and/or :facilities to be purchased. Upon Grantee's
receipt and approval of the. written capital support request from the Grantor, Grantee shall provide
the capital funds requested in a timely manner as set forth herein below after receiving the written
request from the Grantor. Grantee shall pay to the Grantor up to a maximum seventeen thousand
dollar ($17,000.00) contribution. The aforementioned payment shall be paid to the Grantor over the
remaining. term of the Franchise from the time that Grantee receives the aforementioned written
request; and the yearly payment to the Grantor shall be determined from. the collection of pass
through fees that Grantee shall charge each Subscriber in an amounf of up to twenty five cents
($.25) per. Subscriber per month. Grantee shall begin to pass the .aforementioned EG .fee onto.. its
Subscribers in the Service Area within sixty (60) days_after the Grantee receives the aforementioned
written request from the Grantor and Grantee approves said request, with said approval to not be
....unreasonably withheld. Grantee shall have he right to .name and. separately list the EG support pass
through amount on its. monthly subscriber invoices.
6
INDEMNITY .AND INSURANCE
6.1 Indemnification. The Grantee shall, by acceptance of this Franchise, at its sole cost and expense
defend, indemnify and hold harmless the Grantor and its respective officers, boards, commissions, agents,
and employees,. for all claims for injury to any Person or property caused by the negligence of Grantee in the
construction, installation, operation, maintenance or condition of the Cable System and in the event of
liability shall indemnify and hold Grantor, its officers, boards, commissions, agents, and employees harmless
from any and all liabilities, claims, demands, or judgments growing out. of .any injury to any Person or
property as a result of the of the negligence of Grantee arising out of the construction, repar,'extension,
maintenance, operation or iemoval of its wires, poles or other equipment of any kind or character used in
connection with the operation of the Cable System, provided that the Grantor shall give the Grantee written
notice of its obligation to indemnify the Grantor within ten (10) days of receipt of a claim or action pursuant
to this section. In the event any such claim arises,`the Grantor shall tender the defense thereofto the Grantee
and the Grantee shall have the right to defend, settle or compromise any claims arising hereunder and the
Grantor shall cooperate fully herein. If the Grantor determined in good. faith that. its interests could not be
represented by the Grantee, the Grantee shall. be excused from any obligation. to represent the Grantor.
': 10
Notwithstanding the foregoing, the Grantee shall not be obligated. to indemnify the Grantor for any damages,
liability or claims resulting from the willful misconduct or negligence of the Grantor or for the Grantor's use
of the Cable System, including any PEG channels..
6.2 Insurance. At all times during the term'of this Franchise, Grantee shall maintain insurance policies
described in this Section, so as toprotect the public. Grantee shall file with Grantor certificates of insurance
evidencing. coverage as follows:
'6.2.1 Worker's Compensation/Commercial General Liabili~. $1,000,000 per occurrence,
Combined Single Liability (C.S.L.) $2,000,000 General Aggregate..
6.2`:2 Comprehensive Automobile Liability on all owned non-owned hired autos Umbrella
Liability. Automobile liability insurance in an amount not less than One Million Dollars
($1,000,000) per occurrence C.S.L.
6.2.3 Umbrella Policies. $1,000,000 per occurrence C.S.L.
6.3 Additional Insured/Claims Dade Basis. Grantor shall be named as an additional insured on the
above Commercial General Liability, Auto Liability and Umbrella Liability insurance coverage.
7 FEES AND PAYMENTS
7.1 Franchise Fee. Grantee shall payGrantor an annual franchise fee in an amount equal to 5%, or the
maximum as authorized by law, of Grantee's Gross Revenues' ("Franchise Fee"). Such payments shall be made in
addition to taxes ofgeneral applicability and shall be made quarterly, and are due within sixty (60) days after the end
of each calendar quarter. The payment of the :franchise fees pursuant to this Franchise shall commence sixty (60)
days after'the Effective Date of this Franchise.
7.1.1 In the event of a dispute,'the Grantor, if it so requests in writing, shall be provided with a
statement of said payment reflecting Gross Revenues and the` applicable charges.
7.1.2 Upon thirty (30) days written notice to Grantee, Grantor shall. have the right to audit Grantee
to verify the accuracy of franchise fees paid to the Grantor. Said audit shall be conducted no more
than once annually and shall not be greater than the previous three (3) years. The audit shall not last
longer.. than six (6) months. Any undisputed amounts. due the Grantor as a result of the audit shall be
paid within sixty (60) days following written :notice to the Grantee by the Grantor which shall
include a copy of the audit findings. The. period of limitation for ::recovery of any franchise fee
payable hereunder shall be three. (3) years from the date on which payment by the Grantee :was due.
7.2 :Other Payments. The preceding fees and payments are in addition o all sums which maybe due
Grantor for property taxes (real and personal), incometaxes, or otherfees, taxes or charges which are currently
assessed by Grantor and which are not included as franchise fees under Federal .law.
7.3 Interest. Any franchise fee payment not made within sixty (60) days of the end of a quarter. shall bear
interest at the rate of nine. percent (9%) per annum, commencing the sixty-first (61 S`) day from the end of the quarter,
until paid. Grantee shall make any adjustments. to the .previous .year's franchise fee in the first quarter of the
following fiscal year..
11
8 TERM
8.1 Term. The term of this Franchise shall five (5) years commencing on the Effective Date of this
Franchise as set forth in Section 12.6 herein.
8.2 Cable System Franchise Required. No Cable System shall be allowed to occupy or use the streets or
Public Ways of the Service Area or be allowed to operate without a Cable System Franchise.
8.3 Procedures for Renewal. The Grantor and the Grantee agree that any proceedings undertaken by the
Grantor that relate to the renewal of the Grantee's Franchise shall be governed by and comply with the provisions of
Section. 626 of the Cable Act, or any such successor statute..
8.4 Equal Protection.
A. If, after the Effective Date of this Franchise, Grantor grants one or more franchises or similar
.authorizations for use of the Public Way for the construction, operation and maintenance of any
communications facility .that offers .services .substantially equivalent to the services offered by
.Grantee under this Franchise, it shall, to the extent allowed byEederal and State law, make the grant
on .terms that are not substantially more favorable or less burdensome ..than.. the terms of this
Franchise, so that Grantee suffers no material disadvantage as a result of differences in the terms of
franchises or authorizations.
B. If .Grantee determines. that Grantor has :granted a franchise. or authorization on terms Ghat .are not.
substantially equivalent to the terms of this :Franchise,. Grantee may petition Grantor for a
modification of this Franchise. For purposes of this section, the term "material disadvantage" shall
include but not be limited to, a franchise authorization by the Grantor that permits a competitor to
pay franchise fees or other regulatory fees at a lower rate than Grantee pays, provide fewer PEG/EG
channels .than is required of .:Grantee, .comply with less stringent customer service standards than
those set forth in this Franchise, serve only those areas of the Service Area where the density is
greater than Grantee's obligations as set forth in this Franchise or provide free .Cable Service to
materially fewer public buildings than is required of Grantee under this Franchise. The request for
modification shall identify :with specificity the basis for Grantee's belief that. it is entitled to a
modification of this Franchise and the specific provisions which it seeks to have amended. At
Grantor's request, Grantee shall meet with Grantor at Grantor's office to discuss whether Grantee
has. suffered a material .competitive disadvantage and. whether amendments to this Franchise are
required by the standards set forth in this section. Grantor shall not unreasonably withhold its
:approval of amendments to this Franchise to effectuate this subsection.
C. If the Grantor fails to make amendments consistent with this requirement within ninety (90) days of
.Grantee's request, Grantee may notify Grantor of Grantee's intent to elect to adopt the other Person's
franchise or authorization described in the first sentence of this section, provided that Grantee may
make this election only if Grantee agrees. to provide substantially the same services within the same
portions of the Service Area as the other. Person .and Grantee assumes the substantially the same
obligations as the Person whose franchise or authorization Grantee wishes to adopt. Grantor shall
then have thirty (30) days after receipt of Grantee's notice ofintent described in the first sentence of
this subsection 8.4C either to modify the franchise or authorization on the same terms as the other
entity. If Grantor fails to act within. the thirty (30) days after the ninety (90) day grace period, the
Franchise shall be deemed modified in accordance with Grantee's initial request at the end of the
ld2
thirty (30) days.
D. Nothing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at
Grantee's option, negotiate a renewal or replacement franchise, license, consent, certificate or other
authorization with any appropriate government entity.
E. Furthermore, Grantee shall have the right to terminate this Franchise and all its rights and obligations
hereunderwith at a minimum sixty (60) days prior written notice to the Grantor, if Grantee does not
in good faith believe it has maintained a `commercially feasible level of Subscriber penetration on
Grantee's Cable System. Grantee may consider Subscriber' penetration levels outside the Service
Area and other relevant considerations in making this determination. Grantee shall provide its
Subscribers with no less than sixty (60) days prior written notice of its intent to cease operations.
9 TRANSFERS, OWNERSHIP AND CONTROL
9.1 Transfer/Consent Required.' This Franchise and the Cable .System hall not be sold,
transferred, assigned, or otherwise encumbered, without the prior"consent of Grantor, with said consent not to be
unreasonably withheld or delayed. Such consent shall not be required fora transfer in order to secure indebtedness
such as a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, `title, or interest of
Grantee in the Cable System to secure indebtedness. Within thirty (30) days ofreceiving a request for transfer, the
Grantor shall notify the Grantee in writing of any additional information it reasonably requires to determine the
legal, financial and technical qualifications of the transferee. Grantee shall provide the requested reasonable
additional information, in accordance with applicable law, within thirty (30) days of receipt of Grantor's request. If
the Grantor has not taken .action on the Grantee's request for transfer within one hundred twenty (120) days after
receiving such request, consent by the Grantor shall be deemed given.
9.1.1 The preceding prohibition shall not apply to the replacement or sale of components of the
Cable System in the course of ordinary maintenance or'day-to-day operation.
10 NONCOMPLIANCE
10.1 Noncompliance. The occurrence at any time during the term of the Franchise, of any one or more of
the following events, shall constitute an alleged Noncompliance by Grantee under this Franchise.
10.1.1 The failure of Grantee to pay the Franchise Fee on or before the due dates specified herein..
10.1.2 Grantee's material breach or violation of any of the terms, `covenants, representations or
warranties contained herein or Grantee's failure to perform any obligation contained herein.
10.1.3 Grantee's failure to pay or cause to be paid any governmentally imposed taxes of any kind
:whatsoever, including but not limited to real estate taxes, income taxes, and personal property taxes
on or before the due date for same; provided, however, Grantee .shall not be in Noncompliance
hereunder with respect to the non-payment of taxes which are being disputed. in good faith in
accordance with applicable law.
10.2 Uncured Noncompliance. If the Grantor believes that Grantee has not complied with the terms of
the Franchise, the Grantor shall first informally discuss the matter with Grantee.: If these discussions do not lead to
resolution of the problem, the Grantor. shall notify the Grantee in writing of the exact nature of the alleged
Noncompliance (the "Noncompliance Notice"). The Grantee shall have thirty (30) days from receipt of the
Noncompliance Notice to: (i) respond to the Grantor, contesting the assertion of noncompliance, or (ii) to cure such
default, or (iii) if, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate
reasonable steps to remedy such default and notify the Grantor of the steps being taken and the projected-date that
they will be completed.
10.3 Public Hearin. If the Grantee fails to respond to the Noncompliance Notice received from the
Grantor, or if the default is not remedied within the cure period set forth above,. the Grantor shall schedule a public
hearing if it intends to continue its investigation into. the default.. The Grantor shall provide the Grantee at least
twenty (20) days prior written notice of such hearing which specifies the. time, place and purpose of such :hearing,
notice of which shall be published in accordance with the Grantor's standard procedures for public notice of public
hearings conducted by its City Council.. The Grantee shall have the right to present evidence and to question
witnesses. The Grantor shall determine if the Grantee has committed a noncompliance and shall .make written
findings. of fact relative to its determination. If a noncompliance is found, the Grantee may petition for
reconsideration before any competent tribunal having jurisdiction over such matters.
10.4 Enforcement. Subject to applicable Federal and. State law, in the event the Grantor after the hearing
set forth in 10.3 determines that Grantee is in noncompliance with any provision of the Franchise Grantor may
exercise the remedies provided for in Part 11.
11 REMEDIES
11.1 Remedies. Upon the occurrence of any noncompliance as described in Part 10, Grantee shall be
entitled to exercise any of the following remedies:
11.1.1 Grantor shall have the right,. in the case of a material default of a material provision; seek to
.revoke the Franchise in accordance with the provisions set forth in 11.2 herein below.
11.1.2 The commencement of an action against Grantee at law for monetary damages or equitable
relief; or.
11.1.3 The commencement of an action in equity seeking injunctive relief or .the specific
performance of any of the provisions which reasonably lends itself to such remedy as an alternative
to damages and which as a matter of equity, are specifically enforceable.
11..2 Revocation. Prior to revocation or termination of the Franchise, the Grantor shall give written
notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee,
including one or more instances of substantial noncompliance with. a material provision of the Franchise. The notice
shall set forth the exact nature of the noncompliance. The Grantee shall have sixty (60) days from such notice to
either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged
noncompliance. If the Grantor has not received a satisfactory response from Grantee,. it may then seek to revoke the
Franchise at a public hearing. The Grantee shall be given at least thirty (30) days prior written notice of such public
hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise.
At the hearing, the Board shall give the Grantee an opportunity to state its position on the matter, present evidence
and question witnesses, after which it shall. determine whether or not the Franchise shall be revoked. The public
hearing shall be on the record and a written transcript shall be made available to the Grantee within ten (10) business
days. The decision of the Board shall be made in writing and shall be delivered to the Grantee. The Grantee may
appeal such determination to an appropriate court, which shall have the power to review the decision of the Board de
14
novo. The Grantee may continue to operate the Cable System until all legal appeals procedures have been
exhausted.
Notwithstanding the above provisions, the Grantee does not waive any of its rights under Federal law or regulation.
Upon revocation of the Franchise, Grantee may remove the Cable System from the Public Ways of the Service Area,
or abandon the Cable System in place.
1.1.3 Remedies Not Exclusive. The rights and remedies of Grantee set forth in this Franchise shall be in
addition to and not in limitation of, any other rights and. remedies provided by law or in equity.. Grantor and Grantee
understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the
exercise by Grantor of anyone or more of such remedies shall not preclude the exercise by Grantor, at the same or
different times, of any other such remedies for the same type of noncompliance occurring at a different time and
date.
11.4 Good Faith Intention. Furthermore, the parties hereby agree that it is not the Grantor's intention to
subject the Grantee to specific performance, damages or revocation of the Franchise for noncompliance of the
Franchise where the noncompliance was a good faith error that resulted. in no or minimal negative impact on the
Subscribers within the Service Area, or where strict performance would result in practical difficulties and hardship
to the Grantee which outweighs the benefit to be derived by the Grantor and/or Subscribers.
12 GENERAL/MISCELLANEOUS PROVISIONS
12.1 Entire Franchise. This Franchise including the Exhibits attached hereto, contains the entire Franchise
between. the parties and all prior franchises, negotiations and agreements are merged herein and. hereby superseded.
All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations,
covenants and warranties with respect to the subject matter hereof .are waived, merged .herein and therein and
superseded. hereby and thereby
12.2 Notices. Unless otherwise provided by Federal, State or local law to be sent via Certified Mail, all
notices pursuant to this Franchise shall be deemed sufficient if sent in accordance with the terms of this Section. All
notices, reports or demands required to be given under this Franchise shall be in writing and shall be deemed to be
given upon delivery if delivered in person to the address set forth below, or on the fifth day following mailing and
deposited in the United States mail in a sealed envelope with regular, registered or certified postage prepaid thereon,
or on the next business day if sent by express mail or overnight. air courier addressed to the party to which notice is
being given, as follows:
If to Grantor: CITY ADMINISTRATOR
City of Central Point, Oregon.
..140.5. Third .Street
Central Point, Oregon 97502
With a Copy To: CITY RECORDER
140 S. Third Street
Central Point,'Oregon 97502
If to Grantee: Attn: Vice President Government. Affairs
Charter Communications
12405 Powerscourt Drive
St. Louis, MO .63131-3674.
With a Copy To: Attn: Director, Government Relations
.Charter Communications
222 NE Plaza Drive #231
Vancouver, WA.98684
With a Copy To: Attn:: Director of Operations
926 South Grape Street
Medford, OR .97501
Either party to this Franchise may change its address for the receipt of TVotices at any time by giving notice
thereof to the other as provided in this,Section no less than thirty (30} days in advance..
12.3 Governing Law. This Franchise shall be construed pursuant to the laws of the State of Oregon and the
United States of America.
12.4 Waiver of Compliance. No failure by either party to insist upon the strict performance of any covenant,.
agreement,. term or condition of this Franchise, onto exercise any right, term or remedy consequent upon. a breach
thereof shall constitute a waiver of any such breach or such covenant, agreement, term or condition. No waiver of
any breach shall affect or alter this Franchise, but each and every covenant, agreement, .term or condition of this
Franchise shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
12.5 Severability. If any. section, paragraph, or provision of this Franchise shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not
affect any of the remaining provisions of 4his Franchise.
12.6 Effective Date. This Franchise shall be effective as the date that Grantee accepts the Franchise recorded
on the signature page of this Franchise. This Initial Term of this Franchise shall expire on the of
.Any prior Franchise shall terminate as of midnight of the day immediately preceding
the Effective Date of this Franchise. This Franchise shall automatically renew for successive one (1) year terms
unless either party shall provide the other with notice at least three months prior to the end of each term of their
intention to not renew the. Franchise and seek renewal of a new franchise agreement.
12.7 Captions. All captions are for convenience of use and have no substantive effect, except. for those
captions in the Definitions section of this Franchise.
12.8 Conflicts. In the event of a conflict between this Franchise and the provisions of any prior franchise
or any franchise, permit, consent agreement or other agreement with Grantee, the provisions of this Franchise shall
control.
1.2.9 Subsequent Action/Modification. If the parties determine that a material provision of this Franchise
is affected by any subsequent action of the State or Federal government, the parties shall have the right to modify
any of the provisions herein to such reasonable extent as may be necessary to carry out the full intent and purpose of
this Franchise. This Franchise is a contract and neither party may take any unilateral action that materially changes
16
the explicit mutual promises and covenants contained herein.. Any changes, modifications or amendments to this
Franchise must be made in writing, signed by the Grantor and the Grantee.
12.10 Non-Waiver, Preemption. Nothing in this Franchise shall be deemed an agreement by Grantor or
Grantee as to any claimed preemptive effect, nor shall it be deemed a waiver of either party's right to challenge any
claimed preemptive effect, of any subsequent Federal law, regulation, or court ruling alleged to conflict with, alter,
limit, or replace terms, requirements or conditions of this Franchise in effect as of the Effective Date.
12.11 Force Majeure. The Grantee shall not be held in default under, or in noncompliance with, the
provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such
noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the
Grantee to anticipate and control. This provision includes work delays caused by waiting for utility providers to
service or monitor their utility poles to which Grantee's Cable System is attached, as well as unavailability of
materials and/or qualified labor to perform the work necessary.
12.12 Action of the Parties. In any action by the Grantor or the Grantee that is mandated or permitted under
the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance
where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably
withheld.
12.13 Public Notice.. Grantor shall provide public notice of any public meeting relating to this Franchise or
any such grant of additional franchises, licenses, consents, certificates,. authorizations or exemptions by the Grantor
to any other Person(s) to provide Cable Services, video services or other television services utilizing any system or
technology requiring use of the Public Way in accordance with its standard procedures for public notice of public
hearings conducted by its City Council or its Planning Commission, as maybe applicable in the particular case..
Grantor shall provide written notice within ten (10),days of Grantor(s) receipt from any other Person(s) of an
application or request for a franchise, license, consent, certificate, authorization, or exemptions;to provide Cable
Services, video services, or other television services utilizing any system or technology requiring use of the Public
Ways. Any public hearings to consider such application or request shall have the same notice requirement as
outlined in the first paragraph of this Section 12.13 hereinabove.
17
IN WITNESS W EIRE®F, the parties have hereto set their hands as of the dates(s) set forth below.
Considered and approved this day of ,
CITY OF CENTRAL POINT, OREGON
By:
Mayor
By:
City Recorder
By
City Attorney
Accepted this day of subject to applicable Federal, State and local law.
Falcon Cable Systems Company II, L.P.,
1/k/a Charter Communications
By: Charter Communications, VII, LLC its General Partner
By: Charter Communications, Inc.,
its Manager
President of Operations
Charter Communications West Operating Group
18
EXHIBIT A
List of Municipal Buildiaigs
List ®f Public Scho®ls and library 1®cati®ns that shall receive ®ne (1) free Basic Service ®utlet in the
Service Area t~ursuant to Section 4.2 herein
1. Scenic Jr. High
1955 Scenic Avenue
Central Point, OR 97502
2. Central Point School District
300 Ash Street
Central Point,. OR 97502
3. Richardson Elementary School
200 W Pine Street
Central Point, OR 97502
4. Central Point Elementary School
450 S 4`'' Street
Central Point, OR 97502
5. Central Point Library
226 E Pine Street
Central Point, OR 97502
19
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J ~;] ~ ~~,~'; _ Adrnnistr-ation ep~r~ment
~~, Phil Messina, Ci Administrator
~~ ~ tY
Deanna Casey, City Recorder
Barb Robson, Human Resource Manager
T Mayor and City Council
FR®1~I> City Administrator Phil Messina
AGENDA I)A'TE: rune 11, 2009
Sit C'T: Second Reading - An Ordinance Amending Central Point Municipal Code 5.06
Pertaining to Yard Sales
S'T1tI'. Currently CPMC 5.06 requires residents to register with the City when they are
having a yard sale. There were questions about how .long a citizen could .leave
signs up after the sale is over. Currently there is nothing addressing this issue in
the Central Point Municipal Code. Staff has added "Property owners are required
to remove signs within 4~ hours of the sale ending".
PIt®PSAL: Staff is requesting removal of the requirement to register yard sales and add the
language regarding signs.
FISC I PAC's There is no fiscal impact to the City.
P®SIT Ili~iPACTSs Citizens will no longer be required to register yard sales with the City. jA7e are
adding. 5.06.030 (E) regarding signs on public properly and referencing the
Section 15.24.110. (b) of the CPMC where citizens can find the regulations for
posting signs. Staff has added a time limit that signs can be posted after the sale
is over.
NEGATIVE IlYIPACTSs By not requiring the registration of yard sales it will be hard to regulate how
many sales a single residence has per year. They are still limited to three sales
per year. These will be monitored on a complaint basis as they are now.
C®ENI)ATI®Ns Motion. Approving Ordinance No, An Ordinance Amending Central
Point Municipal Code 5.06 Pertaining to Yard Sales.
ORDINANCE NO.
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE 5.®F
PERTAINING TO YARD SALES
WHEREAS, the City of Central Point no longer requires residents to register yard sales with the
City in advance of those sales; and
WHEREAS, it has become necessary to remove that requirement from the City of Central Point
Municipal Code; NOW, THEREFORE,
THE PEOPLE OF THE CITY OF CENTRAL PO1NT DO ORDAIN AS FOLLOWS:
Section 1 Central Point Municipal. Code Section 5.06 pertaining to Yard Sales is
hereby amended to read as follows:
Chapter 5.06 YARD SALES
Sections:
S.Q6.010 Defined
>Do ..._..: _a n..~.~_
5.06.030 Rules and regulations relating to yard sales
5..06.040 Penalties
5.06.010 Defined.
The term °'yard sale" is defined for the purpose of this chapter to be the offering of
personal property for sale, by any person, at a residence within the city, and includes,
but is not limited to, those sales commonly known as yard sales,. garage. sales or
patio sales.
AI^ v~ercn.n e~h..ll 4...LJ .. ........° ...°.._.:`u_ e~ _ _.. .. ~. - -
1-Ordinance fVo. (052809)
5.06.040 enaities.
Violation of any. provision of this chapter shall, upon conviction, be punished by a
fine of not in excess of tvvo hundred dollars. Each day in which a violation occurs
shall be considered to be a separate offense.
Section 2 This ordinance shall.be effective 30 days after its passage by the City Council
and signature of the Mayor.
PASSED by the City Council and signed by me in authentication of its passage this day
of , 2009.
ATTEST:
City Representative
Mayor Hank Williams
Approved by me this day of _ , 2009.
Mayor Hank Williams
2 -Ordinance IVo. (052809)
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STAFF ___ E __ __ .._ _-.-- ---- ~i ~'~~~ ~t ~'~~ -~
~~u~\
STAFF I'®ItT
June 1.1.2009
Planning. ®epartment
Tom Humphrey, Ai:CI?
Community Development Director/
Assistant City Administrator
AGENDA ITEM: File N®. 09004(1)
Consideration of Membership Warehouse Club as a use similar to allowed uses within the M-1
District and allowing as a Conditional Use. A~>plicant: Citt~ ®f Central. P®int
STAFF S®IJItCE:
Don Burt, AICP, EDFP Planning Manager
BACICGIti.TN
On May 2~, 2009 the City Council, in a duly advertised public hearing, considered an appeal by
the Department of Land Conservation and Development (DECD) contesting the Planning
Commission's decision to allow Membership Wazehouse Clubs as a similar use within the M-1
district. After the staffa presentation the City Council opened the public hearing and received
testimony from John Renz, representing DECD. There was no further testimony. The :City
Council closed the public hearing and directed staff to prepaze a resolution and City Council
Findings for final consideration at the June 11, 2009. City Council meeting.
FI1~11)I~TGS:
See Exhibit "A -City Council Findings" as part of the City Council Resolution.
ISSITES:
The decision of the City Council is the final decision by the City on this matter. If DECD so
chooses they can advance their appeal to LUBA. They would. have 21 days from the day the
City notified them in writing of the City decision.
ATTACIEI NTS:
Attachment "A -City Council Resolution No.
ACTI®N:
Consider City Council Resolution No.
C®I~IEI~1I)ATIN:
Approve City Council Resolution No.
Page 1 of 1 ~ ,,
S®LiTTI~T Na
A SLiJ'TIN ALIT ZING E E P W LJSE CLiJ S
AS A CN ITINAL LTSE 'T NI-1 Z1~1 ~ IST CT
AFFI NG T PL G C SSI9S
AiJT TI®N F SJC LTSE
AS, On March 10, 2009 the City of Central Point received from the Department of Land
Conservation and Development ("DLCD"), a timely appeal of the Planning Commission's March 3,
2.009, decision to approve Membership Warehouse Clubs as a similar use within the M-1 zoning district.
A Membership Warehouse Club is defined as free-standing large retail establishment, selling a wide
variety of merchandise in which customers pay annual membership `fees for purchasing privileges. The
clubs are able to keep prices low due to the no-frills (warehouse) format of the stores. In addition,
customers are required to buy large quantities. of the store's. products, as a similar use. within the M-1
zoning,disirict; and,
AS, Section. 17.4>3.020(W) of the Central Point Municipal Code ("CPMC") authorizes the....
Planning Commission to authorize similar uses subject to the criteria set forth in CPMC Section
17.60.140; and,
AS, On May 28,.2009, after conducting a duly noticed public hearing, the City of Central Point
City Council considered the appeal and affirmed the Planning Commission's decision as set forth in
Planning Commission Resolution Into. 764; and
AS, Authorization of Membership Warehouse Clubs was based on the criteria set forth in CPMC
Section 17.60.140(A) and written and oral testimony received by the City; and,
N®W ® ,The City of Central Point City Council affirms the Planning Commission's
decision and further determines,. as set forth in Exhibit "A -City Council. Findings", that Membership
Warehouse Clubs are authorized as a use similar to other uses permitted within. the M-1 zoning district
and approves Membership Warehouse Clubs as a conditional use within the M-1 District.
PASSEL) by the City Council and signed by me in authentication of its passage this 11`~ day of June,
20.09.
Mayor Dank Williams
ATTEST:
City Representative
Approved by me this day of , 2009.
Mayor Hank Williams
:'
EXIiIIIIT "A -CITY C®iJNCIL F'INDII~GS"
FINDINGS ®F FACT`
F®It
I~EIVI~EI2S'I3IP WAl1;ElEI®LTSE CI~iJDS SII~IILA TY FL~DINGS
ref®re the City ®f Central P®int Planning C®anYnissi®n
C®nsisleration ®f 1Vlernbership Wareh®use Clubs as a use si ° ar to all®wed uses within. the
-1 District
Applicant:. City of Central Point ) Findings of Fact
140 S. Third Street ) and
Central Point, OR 975:02 ) Conclusion of Law
PAlt'T i - IN'TIZ®DLTCTI®N
These findings have been prepared as authorized by Section 17.48.020(W) and in accordance
with the criteria set forth in Section 17.60.140 addressing the question of Membership
Warehouse Clubs as a use "similar" to uses allowed within the M-] district. Section
17.48.020(W) allows as a permitted use other uses not listed: in Section 17.48.020, or any other
zoning district, provided findings can be made that the proposed use is similar to, and compatible
with other permitted uses and the intent of the M-1 district. Further, Section 17.60.140 sets forth
specific criteria to be addressed by the planning commission when considering "similar use".
The findings presented herein address all the criteria for determining "similar use" as required of
Section 17.48.020(W) and 17.60.140(A. Consideration of "similar use" does not constitute an
amendment to the City's zoning ordinance, but instead .represents a criteria based compatibility
determination for allowed uses (permitted and/or conditional) within the M-1 District. When the
zoning ordinance was written it was realized that not all allowed uses could be reasonably, or
practically, listed. In lieu of attempting to list all allowed uses the zoning ordinance, through
Section 17.048.020(W) and Section 16..60.140 established provisions and criteria to judge the
compatibility of future uses.
As used throughout these findings the term "Membership Warehouse Club" in the context of an
allowed use within the M-1 district is to be read in the context of not an outright permitted use,
but as a conditional. use subject to the requirements of Section 17.76 of the CPMC.
Page 1 of 32
EXIII~I'T "A - CITE' C®IJNCII. FI~TI)INGS99
Presently, the City has approximately 152 acres of M-1 lands, of which 78 acres are classified as
net buildable. Figure X.X illustrates the location of the City's M-1 lands.
~ City of Central Point Buildable Lands Inventory
~~
Page 2 of 32
i
- ,~
/ % ,'~
~ ~`
.~a L
6
EXIiI~IT "A - CI7'~' C®iT1~1CII, FII~I)INGS"
Including this introduction these findings will be presented in ten (10) parts as follows:
1. Introduction
2. Definitions
3. Section 17.48.020(W) Permitted Use Findings
4. Section 17.60.140 Authorization for Similar Use Findings
5. Section 17.48.040(A) Conditional Uses Findings
6. Section 17.10.600 Transportation Planning Rule Compliance Findings
7. Comprehensive Plan, Land Use Element Findings
8. Comprehensive Plan, Economic Element Findings
9. Comprehensive Plan, Transportation Element. Findings
10. Summary Conclusion
PART 2 - I)EFINI'TI®1\1S
Throughout these findings certain key terms will be used. For reference purposes the key terms
used. in these findings are presented in Part 2. The following definitions (italic} and discussion
have been prepared, and are incorporated herein, as part of these findings.
' 1.Economic/liadasstrial ,S'ectors -Industries are classified based on the stage.. in the
production chain, there are three major broad sectors in modern economies:
® Primary sector: Generally involves changing natural resources into primary
products. Most products from this sector are considered raw materials for other
industries. Major businesses. in this sector include agriculture, agribusiness,
fishing,. forestry and all mining and quarrying industries.
® Secondary sector: Includes those economic sectors that create a finished, .usable
product, ..manufacturing and construction. This sector generally takes the output
of the primary sector and manufactures finished goods or where they are. suitable
for use by other businesses, for export, or sale to domestic consumers. This sector
is often divided into light industry and heavy industry.
• Tertiary sector: Involves the provision,,of services to consumers and :businesses.
Services are defined in conventional economic literature as "intangible goods ".
The tertiary sector of economy involves the provision.. of services to businesses as
well as final consumers. Services may involve the transport, distribution and sale
of goods from producer to a consumer as may happen in wholesaling and
retailing, or may involve the provision of a service, such as in pest control or
entertainment. Goods may be transformed in the process of providing a service,
as happens in the restaurant industry or in equipment repair. However, the focus
is on people interacting with people and serving the customer rather than
transforming physical goods.
Page 3 of 32
EXIII13I1' "A -CITY C®iJNCII, FI1~I)I1~1GS"
2. Industry -the commercial production and sale ofgoods.2 By definition the. term
"industry" includes all sectors of the economy as defined above.
3. Industrial - Of, relating to, or derived from industry.3
4. Industrial iJse -Employment activities generating income from the production,
handling or distribution of goods. Industr•tal uses include, but are not limited to:
manufacturing; assembly; fabrication; processing; 'storage; logistics; warehousing;
importation; distribution and transshipment; and research and development.4
5. I.,aght Industrial -Light industry is usually less capital intensive than heavy
industry, and is more consumer-oriented than business-oriented (i.e. most light
industry products are produced for end users rather than intermediates for use by
other industries).5
6. ether EmployrYaent Ilse -All non-industrial employment activities including the
widest range of retail, wholesale, service, non profit, business headquarters,
administrative and governmental employment activities that are accommodated in
retail, office and flexible building types. Other employment uses also include
employment activities of an entity or organization that serves the medical,
educational, social service, recreation and security needs of the community typically
in large buildings or multi-building campuses. 6
7. Wholesale "Trade - YYholesaling, histo~•ically called jobbing, is the sale ofgoods
or merchandise to retailers, to industrial, commercial, institutional, or other
professional business users, or o other wholesalers and related subordinated
services. ~
g. Warehousing = A warehouse is a commercial building for storage of goods.
Warehouses are used by manufacturers, importers, exporters, wholesalers, transport
businesses, customs, etc. They are usually large plain buildings in industrial areas of
cities and towns.8
9. North American Industrial. Classilacati®n System (~1AICS) -The NAICS is the
standard used by Federal statistical agencies in classifying business establishments
for the purpose of collecting, analyzing, and publishingstatistical data related to the
s Webster's II New College Dictionary
s Webster's II New College Dictionary.
a OAR 660-009-0005(3)
5 Wikipedia, Light Industry
6 OAR 660-009-0005(3),
~ Wikipedia
$ Wikipedia
~~ ~'~ Page 4 of 32
EXIIIBIT "A - CIT3~ C®iJNCII. FI~1I)I~1GS"
U.S, business economy. The NAICS was developed under the auspices of the Office
of Management and Budget (OMB), and adopted in 1997 to replace the Standard
Industrial Classification (SIC) system. It was developed jointly by the U.S. Economic
Classification Policy Committee (ECPC), Statistics Canada, and Mexico's Instituto
Naconal de Estadistica, Geografia a Informatica, to allow for a high level of
comparability in business statistics among the North American countries.
10. I~iebership Wareh®use Clubs
A free-standing arge retail establishment, selling a wide variety of merchandise in
which customers pay annual membership fees for purchasing privileges. The clubs
are able to keep prices low due to the no frills (warehouse) format of the stores. In
addition, customers are required to buy large quantities of the store's products.9
,As its name implies Membership Warehouse Clubs recjuire paid membership to
participate in the use of their services. Members include both businesses. and
individuals. Business members often purchase from Membership Warehouse Clubs
and resell at retail to their. customers. Membership Warehouse. Clubs are. a unique
hybrid retail use that crosses the boundary between typical retail establishments and
wholesale/warehouse uses. Unlike most large retail establishments Membership
Warehouse Clubs stock a limited selection of products (4,000 - 5,000 SKUs vs.
30,000 -..60,000 SKUs) in a wide range of merchandise categories. Merchandise is
typically purchased directly from manufactures or importers in full truck loads and
sold in institutional sizes, bulk packaging, cases, or multiple packs. To further offer
deep discounts Membership Warehouse Clubs are based on a no-frills, self-service
operation where customer experience is secondary to operational efficiency..
Membership Warehouse Clubs do not .advertise to he general public. The exterior
architecture and typical floor plan of a Membership Warehouse Club is much like that
of a warehouse with no external display windows and merchandise is stacked on
pallets, with extra inventory stored on overhead racks. Aisle widths are designed to
accommodate fork-lifts and/or similar equipment for stocking.
11. Service Industries
Service industries involve the provision of services to businesses as well as final
consumers. Service industries include accounting, tradesmanship (like mechanic or
plumber services), computer services, restaurants, .tourism, etc., .where no goods are.
produced.1 °
9 Wikipedia
io Ibid.
"~~ Page 5 of 32
EXI$I~IT 66A -CITY C®IJNCIL FINI)INGS99
PANT 3 - I~'IEIVI~EI~SIIIP WAI~EIIOUSE CI,U~S
SIll~III.,AI~ USE AUTIi® ZATI®N, SECTI®I~d 17.45.020
Section 17.48.020(W}recognizes that the Zoning Ordinance does not list all uses permitted
within the M-1 district, and that under certain conditions there may be uses appropriate to the
district that have not been specifically identified, or previously not defined, as an allowed use.
Section 17.48.020(W) reads:
Other uses not listed in this or any other district, if the planning commission
finds them to be similar to those listed above and compatible with other permitted
uses and with the intent of the M-1 district"
To qualify per Section 17.48.020(W) it is first necessary that a finding be made that the use in
question is not already listed in the M-1 district, or any other zoning district. If such a finding
can be made it is then necessary that additional findings be made relative to similarity,
compatibility, and compliance with the intent of the M-1:district. -The purpose of Part 3 is to
address the question of "similar use" as set forth in Section 17.48.020(W).
Finding Section 17.45.020 In applying Section'17.48.020(W) there are three basic
pre-requisite tests to determine whether a use is qualified to be considered "similar" to
permitted uses.. Those tests and their applicable findings are:
1.' Is the pr®posed seas currently listed ira'the M 1 ddstract, or any ®ther district? Section
17.48.020 was last modified. in 199311.' At that time, and to this'day, there are no
listings for Membership Warehouse Clubs in the M-1 or any other zoning district. It
wasn't until 1997 that the term Membership Warehouse Club was defined and
classified in the NAICS as a specific industry (452910).
C®nclusion, Section 17.45.020 , lc Membership Warehouse Clubs are currently not
listed in the M-1 or any other zoning district as an allowed use and therefore~qualify for
consideration under the criteria of Section 17.48.020(W) as a "similar use".
2. Is the prop®sed use saeredlear to the list o,~'pernaitted uses? The term "similar" is
defined as "resembling. though not completely identical."12 The question to be
answered is whether or not Membership Warehouse Clubs resemble, or are similar, to
other uses allowed in the M-1 district. In addressing the term "similar" it is necessary
to turn to those uses currently allowed within the M-1 district. This listing of uses is
presented in Table 1 and includes references to their economic characteristics.
The economic characteristics of each use are presented in Table 1, and provides an
objective basis from which to make a determination of similarity. All industrial uses
I ~ City of Central Point Ordinance 1684 §47
12 Webster's II New College Dictionary, Third Edition.
Page 6 of 32
~1Li1S~A~ 66A - C~T1 C®~J1~~1[L TAl~l®dl®~~99
are grouped into one of three economic sectors (primary, secondary, and tertiary)
based on their role in the production cycle. As illustrated in Table. 1, the list of
permitted uses. within the M-1 district covers a very broad spectrum, representing the
secondary and tertiary economic sectors. The strongest representation is in the
tertiary sector's Retail Trade, Wholesale Trade, and Warehousing. In considering.
similar use the M-1 district offers three use classifications, or a combination thereof,
on which to base a determination of similarity.. Are. Membership Warehouse Clubs
similar to retail trade, wholesale trade, warehousing,. or a combination. thereof?
As noted in Part 2, Membership Warehouse Clubs have many characteristics similar
to those of Retail Trade, .Wholesale Trade and. Warehousing, which. are allowed uses
within the M-1 district (see Table 1). ,The .following discusses in further detail the
characteristics/similarities between Membership Warehouse Clubs. and Retail Trade,
Wholesale Trade, and the Warehousing sectors.
Retail 'Trade: Of all the sectors retail trade is the broadest in terms of use
representation. The NAICS defines the Retail Trade sector as consisting of ".. .
establishments engaged in retailing merchandise, generally without.
transformation, and rendering services incidental to the sale of merchandise." By
definition, and classification, Membership Warehouse Clubs are classified in the
NAICS as a Retail Trade establishment. As illustrated in Table 1 numerous retail
uses arealready permitted in the M-1 district. These uses range from vehicular
sales .(autos, motorcycles, etc.) to retail building supplies, all of which are
classified by the NAICS as being in the Retail Trade sector.
OAR 660-009-0005(3) considers retail uses as Other Employment Uses, which
include all non-industrial employment activities. As illustrated in Table 1, the
M-1 district currently allows some retai113 uses (Other Employment Uses) as
permitted uses. It is possible, within the M-1 district o locate a large auto mall,
or a home improvement center, uses that generally consume in excess of five
acres.
Wh®lesale: As defined in Part 2 the term "wholesale trade" means the sale of
goods or merchandise to retailers, to industrial, commercial, institutional, or other
professional business users, or to other wholesalers and related subordinated
services. On a more pacific basis the term "wholesale is defined as "The sale of
goods in large quantities, as for'resale by a retailer", and "Sold in large bulk or
quantity, usu.. at a lower cost."14 Wholesalers frequently assemble, sort and grade.
goods in large ots, break bulk, repack and redistribute in smaller lots. Wholesale
operations are not dissimilar to the operations of a Membership Warehouse Club.
A percentage of Membership Warehouse Customers are businesses buying bulk
merchandise for retail sales. Most Membership. Warehouse Clubs have., specific
i3 CPMC Section 17.48.020(G,H, & M)
14 Webster's II New College Dictionary
Page 7 of 32
EXI-II~IT "A - CITY C®iJ1~1CII, FI~lI)II~tGS"
membership classification for businesses. In the M-1 district wholesale operations
are identified as a permitted use.
Wholesale uses are defined in OAR 660-009-0005(3) as Other Employment Uses,
which includes all non-industrial employment activities.
Warelaoaasings `As defined in Part 2 warehousing is the storage. of merchandise in
a large building for distribution at a later date. 'The physical characteristics of a
warehouse and a Membership Warehouse Club are very similar, i.e. large
buildings for storage with loading facilities. "Recent .developments in marketing
have also led to the development of warehouse-stylc_retail stores with extremely
high ceilings where decorative shelving is replaced by tall heavy duty industrial
racks, with the items ready for sale being placed in the bottom parts of the racks
and the crated or palletized and wrapped inventory items being usually placed in
the top parts. In this way the same building is used both as a retail store and a
warehouse."15 In the M-1 district warehousing is identified. as a permitted use.
Warehousing uses are defined in OAR 660-009-0005(3) as an Industrial Use.
Conclusion, Section 17.48.020 , 2: The function and operations of Membership
Warehouse Clubs are similar to, and resemble those of retail, wholesale, and
warehousing uses already permitted within the M-1 .district.
Table 1. li~I-1 Per 'tied iT§es and Classiffiea~ion
_ _
=-- - =- - -
- - -
-
E7.4~.020(A~ Wareh®~ing 493 ~~~~~s~r~:~r~t~q.~rz~ ~d 'I'~#aary
Wa~hou~in
17.4~A20(E~ Ambulance ~i Emergency 621 Educational ~z, Health Services Tertiary
Services
17®45.®2®(lj C®ld St®rage Plants and .493 lesale Tide Tertiary
17.45.020(G~ Automobile Sales 441 Retail Trade Tertiary
117®45.0200 M®t®rcycle Sates 441 Retail `Tr°ade °~'ertiary
17.45.020(G) Truck Sales 441 Retail Trade Tertiary
17.4d.020(GD Autc~notive Darts 441 Retail °I"rade T ertiai°y
17.45.020(1E~ Boat Sales 441 Retail Trade Tertiary
17.45.020 Sci c It~earch 541 P~fessa®, Scientific,
T~hi~i~l Se~ices ~°ertiary
17.45.020(L) Vocational, Tech. &c Trade
Schools 61 ] Educational ~c I-Iealth Services Tertiary
fl7.45.®2®( Lumber ~ llld~. Materials 444 Retail Tide T '
17.45.020(11) Light Fabrication 23~ Construction Secondary
17.45.®2®(~~ Ass~nbly 236, 333, Manufa ~ Secondary
15 Wikipedia, Wholesale
Page R of 32
EXAlEBIT 66A -CITY C®U1~1CIL FI~1I)II\TGS"
336, 424,
811
17.48.020(P) Manufacture Bakery 331-332 Manufacturing Secondary
Goods, Candy, etc.
1`x.411.®20 ~,aundri~ 812 der Ser~i~s Terti
17.48.020(Q) Blueprinting Services .561 Administrative and Support Tertiary
and Waste Management and
Remediation Services
17.4.®2®(Q) Carpet Cleaning 561 A 'stt~tive and Suport Tertiary
and Waste Ma~geffi~t and
l~emediation Services
17.48.0200) Tire Retreading 326 Manufacturing Secondary
fl7.4~.®2®(~) Manufacture of Electric, 334 Manaf g Secondary
Electromc, tic
17.48.020(S} Manufacture of Medical 334 Manufacturing Secondary
l Equipment
3. Is tlae arse compatible with other permitted uses? The term "compatible" is defined
as "capable of living, or performing in harmonious, agreeable, or friendly association
with another or others."~ ..Using this definition as applied to land use a determination
of compatibility is based on the physical and functional relationship between uses.
Physacal Cornpatibility -The physical relationship between uses within the M-1
district, and abutting districts, is regulated by the development standards
{architecture, setbacks, building height, parking, etc.). Section 17.48 sets forth the
standards for all development within the M-1 district, regardless of use. The
warehouse format for Membership Warehouse Clubs lends itself quite well to the
development. standards imposed on other allowed uses in the M-1 district. Those
development standards impose limitations on height, area, yard, and off-street parking
requirements -all of which would apply equally to Membership Warehouse Clubs as
they do to the permitted uses of warehousing, storage, retail sales, and other similar
uses listed in Section 17.48.020.
The development requirements typically associated with Membership Warehouse
Clubs do not present any unusual needs that do not fit within the limits imposed by
the development standards for the M-1 district, and as such would be physically
compatible with other permitted uses within. the M-1 district.
1Feancti®nal C®rnpatibility -The functional relationship between Membership
Warehouse Clubs and other permitted uses within the M-1 district involves site
design considerations such as vehicular ingress/egress, freight delivery, hours of
operation, noise/lighting, and infrastructure requirements; such as availability of
utilities, and street capacity. The City addresses functional compatibility through its
site design process as set forth in Section 17.72.
'6 Webster's II New College Dictionary
Page 9 of 32
IE~11&3DxT 66A - CITY C®1117 CIH~. Y'Yl®~Hl 1~~y 99
Site Design:. The site design process determines how wellone use interfaces with
adjacent uses. All uses within the M-1 district are subject to the City's Site Plan,
Landscaping and Construction Plan Approval process as set forth in Section 17.72
-of the Zoning Ordinance. The purpose of Section 17.72 is to provide standards
and procedures to assure that proper attention is given to the orderly and
harmonious development of the city, including a project's physical and functional
compatibility to neighboring properties.
Freight.. Considering the warehouse. format and high merchandise turn-
over of Membership Warehouse Clubs they are reliant on frequent. freight
deliveries and are designed to .accommodate freight needs. As such the
freight needs of a Membership Warehouse Club are very similar to such
other allowed uses as warehousing, bottling plants, truck terminals, or any
.other allowed use within the M-l district.
1EIours of ®peraton: The hours of operation for a Membership
Warehouse Club vs. other allowed uses are very similar and would not be
cause for conflict.
N®ise/La`ghting: The noise and lighting for a Membership Warehouse
Club are typical of other .allowed uses within the M-1 district, i.e.
warehouses, auto dealerships, wholesaling, etc.
Infrastructure. When considering infrastructure needs, particularly water, storm,
sewer, and.. safety, .the .inclusion of Membership Warehouse Clubs .will not result
in infrastructure needs greater than other allowed uses. There are .other uses
:...permitted within the M-1 .district that will have demands on the City's
infrastructure equal to, or greater than that of Membership Warehouse .Clubs, As
an example,. a large warehouse/cold storage, manufacturing plant, retail. building
materials, or assembly facility all have similar, or-greater infrastructure needs.
:.The. only potential infrastructure consideration is the capacity of the local street
system to accommodate Membership Warehouse Clubs.
Transportati®n. When considering transportation it is important to
acknowledge the retail :aspect of Membership Warehouse Clubs, and that
all traffic considerations related to Membership Warehouse :Clubs should
be calculated on that basis, not warehouse or wholesale use.. Membership
Warehouse Clubs are specifically identified in the ITE Trip Generation
manual.. as Discount .Clubs (861).
In addressing transportation compatibility there are two basic
considerations;. site design.. and system capacity.
Site Design. Aside from setbacks and. building height restrictions, which
are regulated by specific City development standards, ingress/egress and
traffic volume are the most significant variable to be addressed to assure
Page 10 of 32
1'~~15.111D•IT 66 .A.- CST1 C®lJl`iCIL l~dl'i 191[1®~~99
that adjacent developments are compatible. Section 17.72 requires all
commercial/industrial developments to go through the City's site plan
process,. the. purpose of which is to assure that a project is compatible with
abutting and adjacent uses. Where conflicts are identified the City has the
authorityl~ to impose conditions on the development that will mitigate the
conflict,
T'ransp®rtata®n Systerx- Capacmty. The primary consideration in
determining the fiinctional compatibility of a use on traffic is the local
street system's ability to accommodate traffic at any level. Section.
17.05.900 Traffic Impact Analysis gives the City the authority to require a
traffic impact analysis, and to impose mitigation measures. This authority
applies to all applications for development within the City. The
requirement for a Traffic Impact Analysis would be apse-condition of site
plan approval, providing the basis for identification and mitigation of
project generated traffic impacts during the site plan process required by
Section 17.72. The need for a Traffic Impact Analysis would be imposed
at time of apre-application meeting.
Table 2 provides a comparison between the traffic generation~$ of other
M-1 allowed uses vs. a Membership'Warehouse Club (Discount Club).
The amount of traffic generated by a use can be counted in a variety of
ways as illustrated in Table 2. Because of its gross floor area the average
Membership Warehouse Club will generate more traffic than other
allowed uses. Whether the traffic generation of a Membership Warehouse
Club, or any other permitted use, is compatible with other allowed uses are
a function of site design, and the local street system's capacity and the
ability of the local street system to accommodate the added traffic.
Table 2 illustrates the trip generation by Average Daily Trips (ADT) per
1,000 square feet of building and the ADT based on the median size
facility. within each use category as provided in the ITE Trip Generation
manual Using the median facility size the three highest trip generators
are Warehousing (1,999 Weekday ADT), Industrial Parks (2,610 Weekday
ADT), and Home Improvement. Centers (3,44 weekday ADT).
Itef. Use Weekday Saturday Sunday Average Average
` Average
AAn~ii,ooo A1~Tii,ooo A~T~i,ooo Weekday saturaay Sunday
sF sF s1i AnT~aci>ity AnT~ac;lity A~T~acility
Il '~'k 81.90 17.28 10.79 819 173 108
'1'e (030)
2 General Light 6.97 1.32. 0.68 1,415 268 138
Industrial
(110)
3 In IDa 6.9f 2.49 0.73 2,610 934 274
~~ CPMC Section 17.72.050
is Trip Generation, 7`~ Edition, Volume 3, ITE
Page 11 of 32
EXI3I~IT "A - CITE' C®I7I~CII.. FII~TI)INGS"
(130) -
4 Manufacturing 3.82 1.49 0.62 1.333 520 216
(] 40)
~ Wa~l~ouaing 4,96 1,22 0.79 1,999 492 318
X150)
6 Car/Truck 33.34 21.03 10.48 567 358 178
Sales (841)
7 l~o~ 29.80 45.67 - 3,844 5,891 -
1ffipt+ovnt
Cep (862)
>3 Building .45.16 51.60 24.5 406 464 221
Materials
(812)
9 Meffibe~l~~ 41.80 53.75 33.67 4,682 6,®20 3,771
Wa~;~®a~
Cl~ (861)
As illustrated in the following table Membership arehouse Clubs
generate approximately 20% more trips compared to the next highest trip
generator. The same can be said when comparing an Industrial Park
against a Warehouse use, both of which are permitted uses within the M-1
district, emphasizing that such comparison arexelative. The relevance of
traffic generation is not the number of trips generated, but the ability of the
local street system to accommodate a development, whether it's a
manufacturing plant, or a Membership Warehouse Club. Trips generated
by a Membership Warehouse Club are similar in character as trips to the
auto dealership or the home improvement center, or .the wholesaler.
Any question. regarding the local .transportation system's ability to
accommodate traffic will be addressed in accordance with Section
17.05.900 Traffic Impact Analysis and appropriately mitigated at the time
of a development proposal per Section 17.72, regardless of the use.
C®nclusi®n, Secti®n 17.48.020 , 3. Membership Warehouse Clubs are both
.physically and functionally compatible with permitted uses in the M-1 district.
On the question of transportation. the traffic generation of Membership Warehouse
Clubs is similar in character to trips generated by other retail uses permitted in the
M-1 district. Regardless of the use, the City has in place ordinances and standards
.for the evaluation and. conditioning all development proposals within the M-1
district.
4. Is the proposed use consistent with the intent of the M-1 district? The purpose of the M-1
district is set forth in Section 17.48.010 and reads as follows:
"The purpose of the M-1 district is to provide areas suitable for the
location of light. industrial uses involved an service, manufacturing or
assembly activities and having high standards of operation of such
character as to permit their location and operation in close proximity to
nonindustrial areas of the community. "
Page 12 of 32
Y` 111~1~1.T 66~ - C1.T~ C®6Jl~CY1L~ Y'Al®~11'~~599
There are two components to the purpose statement for the M-1 District:
1. To provide for light industrial lands involved in service, manufacturing, or
assembly activities; and
2. To assure that those light industrial activities are developed and operated to
standards that are compatible with adjacent non-industrial areas.
With regard to component 1 above, the purpose statement for the M-1 district does not
provide a definitive definition of what constitutes light industrial uses. The term "light
industrial" is not defined in the CPMC, A review of the currently allowed uses within the
M-1 district is the only,. and therefore primary, source of understanding of the "light
industrial" intent of the M-1 district. Based on the list. of permitted uses in Section
17..48.020 the applied purpose of the M-1 district combines conventional light industrial
uses and heavier consumer-oriented commercial uses. This is consistent with the
definition. of "light industrial" as presented in Part 2 of these findings.
The hybrid nature of Membership Warehouse Clubs as a cross between retail, wholesale,
and warehousing is consistent with the uses currently allowed within the M-l district and
the light industral/heavy commercial intent of the M-1 district..
In response to the component 2 above, the compatibility question has been previously
addressed under Findings, Section 17.48.020(W), 3, wherein it was demonstrated that
Membership Warehouse Clubs are compatible with allowed uses within the M-1 district,
which in turn have been determined to be compatible with adjacent non-industrial uses.
C®nelusi®n, Seed®n 17.48.020 , 4: The "light industrial" purpose of the M-1 district,
by reference and example, allows for a broad range of Secondary and Tertiary economic
uses, making the M-1 district more of a mixed use district for light industrial and heavy
commercial purposes. Membership Warehouse Clubs are consistent with the intent of the
M-1 district and are both physically and functionally compatible with adjacent non-
industrial
Page 13 of 32
E I~IT 66A - CITE' C®Ul®1CII. FI1~DI~TGS"
PAI~'I' 4 -1VIE1®'I~EItSI~IP WAI2EII®LTSE CLiT~S
SI1ViII.,AI~ iJSE AUT'Ii® ZA'I'I®I~, SECTI®N 17.60.140(A)
Section 17.60..140 Authorization for Sin~alar Use. In addition to Section 17.48.020(W) any
consideration of listing a use as an allowed use must comply with the provisions of Section
17.60.140. As provided in Section 17.60.140 the planning commission has the authority to
determine whether a use not listed can be considered as a similar use and therefore listed. as an
allowed use. The term "allowed use" refers to consideration of both permitted uses (Section
167.48.020) and conditional uses (Section 17.48.040). To guide the planning commission's
determination Section 17.60.140 sets forth criteria that must be favorably addressed before a use
can be considered_similar. Section 17..60.140, and related findings and conclusions read as
follows:
",Section 17.60.140 Authorization for Similar Use: The planning commission may
rule that a use, not specifically named in the examples of allowed uses of a district
shall be included among the allowed uses, if the use is of the same general type
and is similar to the permitted uses.
Findang, Section 17.60.140: Under Section 17.60.140 General Regulations, authority is
given to the planning commission to determine whether a use shall be included among
the allowed uses within a zoning district. This section is an extension of Section
17.48.020(W), and sets .forth specific criteria for. consideration of similar use.- In making
a determination on similar use the .planning commission. is required to prepare findings as
prescribed in Section 17.60.140(A). In Part 3 it was found that Membership Warehouse
Clubs qualified for consideration as a "use not listed" per Section 17.48.020(W) and
therefore can be considered fora "similar use" determination subject to compliance with
the criteria set forth in Section 17..60.140..
In Finding, Section 17.48.020(W), 2 the question of Membership Warehouse .Clubs
similarity with other uses in the M-1 district was addressed and a favorable finding of
general type and similarity was presented.
Conclusion, Section 17.60.140: The criteria set forth in Section 17.60.140 are applicable
to the consideration of Membership Warehouse Clubs.
Section 17.60.140(A). The planning commission in ruling upon similar uses shall
find as follows:
1. That the use is closely related to listed uses and can be found to exist
compatibly with those uses;
Finding, Section 17.60.140(A)(1): See Finding, Section 17.48.020(W) 2
and 3.
Conclusion, Section 17.60.140(A)(1): See Conclusion, Section
17.48.020(W) 2 and 3.
6
Page 14 of 32
EXIII~I1' "A - CITE' C®iT~1CII. FINI)I~1GS~'
2. That the use was not anticipated or known to exist on the effective date of
the ordinance codified in this title, either because it involves products,
services or activities not available in the community at the time of the use.
Finding, Section 17.60.140(A)(2): The City's zoning code was initially
adopted in 1981. The first membership warehouse club was opened in
1.976 (Price. Club), and limited to the San Diego area.: It was. not until
1983 with the opening of Costco Wholesale and Sam's.Club that
membership warehouse clubs became a familiar commercial use. As a use
membership warehouse clubs were not formally defined by NAICS until
1997. The Standard Industrial Classification system, which preceded the
NAICS prior to 1997, did not identify membership warehouse clubs as a
specific commercial use.
C®nclusi®n, Secti®n 17.60.140(A)(2}: Membership Warehouse Clubs
meet thexequirements of Section 17.60.140(A)(2).
3. That the use is treated under local, state, or national codes or rules in the
same manner as permitted uses. Except that these codes or rules shall not
include land use or zoning regulations;
Finding, Secti®n 17.60.140(A)(3}: Membership Warehouse Clubs are
.treated under local, state, and national codes in a manner similar to other
permitted uses with regard to the environment, health, safety, and general
welfare laws and regulations.
C®nclusi®n, Secti®n 17.60.140(A)(3): Membership Warehouse Clubs
.meet the requirements of Section_17.60.140(A)(3).
4. That the use is consistent with the purpose of the district and the
comprehensive plan map. and policies.."
Finding, Section 17.60.140(A)(4): This criteria not only requires consistency ,
...with the intent of the M-1 district, but also consistency with the comprehensive
.plan. map and policies. The findings :presented in Section 17.48.020(W), 4
addresses consistency with the intent ofthe M-1 .district. In this section
consistency with the comprehensive plan and policies will be addressed. There are
three elements of the City's ComprehensivePlan that apply to the consideration
of Membership Warehouse Clubs as a "similar use". Those three elements are;
.Land Use Element, Economic Element, and the Transportation Element. The
findings pertaining. to each of these elements is presented in Parts S through 7.
Conclusion, Secti®n 17.60.140(A)(4): See Parts 5, 6 and 7 of these Findings.
Page 15 of 32
EX~ITiIT "A - CITE' C®IJNCIL EIhTI?Il®1GS"
I'AItT S - l~EIVIIiEItSIiIP WAl1;ElEI®USE CI,I7I3S, I.A~lI) iTSE EI,EII~IENT
"The Land Use Element contains the goals and policies for the physical use of the land. It
combines the land use aspects of all other elements into an overall configuration of compatible
land uses that is in balance with statewide goals as well as in balance with local goals,
community needs, and the environment."
The City's Land'Use Plan designates two types of industrial lands; Light Industrial (M-1) and
General Industrial (M-2). The question of "similarity" applies to the Light Industrial lands,
which are designated on the Zoning Map as M-1, Industrial District.
The following :Land Use Element goals and policies apply to the .City's industrial land use
designations:
Goal l: To establish a strong and diversified industrial sector ofthe community.
Finslang, G®al 1: As stated in Goal 1 it is the City's objective to provide an
industrial land base that both strengthens and diversifies the City's industrial
sector. The Land Use Element does not define what constitutes the City's
industrial sector. The'M-l district and M-2 district listing of permitted uses does
provide a clear understanding of the types of uses that, by reference, define the
City's industrial sector. As defined in Part. 2 the term "industrial use" describes a
verybroad, and open ("not'limited to"), listing of uses that are considered
:industrial Similarly, Part 2 also defines non-industrial uses, an example of which
includes wholesale operations. As illustrated in Part°3, Table 1, the City's M-1
district contains a combination of both industrial uses and non-industrial uses,
establishing that the intent of the M-1 district is to accommodate a diversity of
industrial and non-industrial uses. The combination`of industrial and non-
industrial uses (heavy commercial) in the M-1 district supports the City's goal in
diversifying its industrial sector.
The question is whether, or not, Membership Warehouse Clubs reinforce the
City's goal to diversify uses in the M-1 district. As a use Membership Warehouse
Clubs are characterized as a hybrid of retail, wholesale, and warehousing uses.
As a hybrid Membership Warehouse Clubs do offer a unique opportunity to
further diversify the City's industrial sector, particularly in reference to the
:.creation of family wage jobs.
Conclusion, Goal l: Consistent.
Goa12: To maximize industrial expansion and new development opportunities in
.locations that utilize existing highways, rail facilities and other infrastructure, are in close
proximity to employee housing areas, and will minimize conflicts with all non-industrial
.:land uses..
Page 16 of 32
EXI3I~I"I' "A -CITY C®iJIVCIL.FINDINGS"
Finding, Goal 2: Membership Warehouse Clubs offer a new development and
employment opportunity appropriate for the M-1 district. All M-1 lands within.
the City are served by existing infrastructure and are in close proximity to the
City's residential. areas..
Conclusion, Goal 2: The inclusion of Membership Warehouse Clubs as an
allowed use within the M-1 district is consistent with the intent of Goa12.
Policy 1: Maximize the industrial development potential of the Highway 99/Southern
Pacific railroad corridor through the City by providing site for industrial development
along the corridor to meet. the needs to the year 2000.
Fuading,l'olicy 1: The lands along the Highway99/railroad corridor are
primarily zoned TOD/GC with an underlying zoning of M-1. The largest single
parcel is less than one acre... Membership Warehouse Clubs ypically require a
minimum of 8-10 acres.. As proposed the modifications to the M-1 district do not
affect the Highway 99/Southern Pacific railroad corridor..
Conclusa®n, Policy 1: Not Applicable.
Policy 2: Provide locations for "General Industrial" (M-2 zone) in the northwest portion
of the community where such development can take advantage of the rail, highway and
freeway facilities while having a minimal impact on other non-industrial land uses within
the community.
Finding, Policy 2: Inclusion of Membership Warehouse Clubs as a conditional
use. does affect the M 2 zoning district.
Conclusion, Policy 2: Not Applicable.
Policy 3: Work toward .the development of requirements and. guidelines for the
establishment of industrial parks or other forms of master planning in the larger industrial
districts that could be adversely affected by individual industries being developed without
proper coordination with adjacent properties.
Finding, Policy 3: The majority of the City's M-1 zoned lands are currently
located within a planned, or developed, industrial park. Additionally, the City's
land development regulations and Transportation System Plan regulate street
circulation to assure that all development contributes to improvement of the
City's street connectivity. The inclusion of Membership Warehouse Clubs does
not affect the City's continued ability to master plan industrial parks..
Conclusion, Policy 3: Not Applicable.
Policy 4: Require that all industrial land use proposals for lands adjacent to the urban
Growth Boundary and agricultural land uses include provisions for buffering the facilities
Page 17 of 32
EXIIIBIT "A - CIT3~ C®iJNCII, FINI)I1~GS"
from agricultural land uses outside the UGB, if there is any potential for conflict between
the uses.
Finding, Policy IVo. 4: At this time the City's planned industrial lands do not abut
agricultural lands. Further, the pending Regional Problem Solving. agreement
requires the City to adopt and implement the agricultural buffering standards set
forth in the Regional Plan.
Conclusi®n, Policy 4: Not Applicable.
Policy 5: Ensure through the plan. review process that all. industrial development
proposals adequately address the importance of maintaining environmental quality,
particularly air and water quality, and include a plan for the protection of the Jackson
Creek and Griffin Creek corridors, as shown on the Plan rnap and discussed in the
Environmental Management Element of the Comprehensive Plan.
Finding, P®licy 5: The City's plan review process as set forth in Section 17.72
Site Plan, Landscaping and Construction Plan Approval regulates the
development review process. Based. on the City's current land use plan and
zoning there are no industrially zoned or planned lands that abut either Jackson
Creek, or Griffin Creek.
Conclaasion, Policy 5: Not Applicable.
Policy 6: Consider the need to require a "Beautification" or "Frontage
Landscape" plan to be included in industrial proposals'to help create an industrial
environment that is attractive to community residents and prospective industries..
Findangs, Policy 6: Section 17.45 contains provisions for the landscaping
of industrial frontage. This requirement is further enforced through the
provisions set forth in Section 17.72 Bite Plan, Landscaping and
Construction Plan Approval. The inclusion of Membership Warehouse
Clubs will not alter, or otherwise affect the application of the City's
"Beautification" or "Frontage Landscape"requirements.
Page 1~ of 32
T+:XI3IT$IT "A - C'ITI' C®i.TNCII. FINI)I~1GS"
PART 6 -10'IEI~IIiERSI3IP WA I~®IJSE C'I.iJT$S, EC®N®1~IC EI,ElViEN'T
The City's Economic Element addresses the requirements of Goa19 (Economy of the State). It
is the ultimate goal of both the City and the state to provide for a local economy that contributes
to the local. and state economy. The term "industry" as used in the Economic Element refers to
all sectors of the economy; however, the primary emphasis is on the provision of suitable sites
far the location of the basic sector industries, but not to the disadvantage of the non-basic sector.
With regard to Statewide Planning Goa19 (Economy of the State) it is the state's primary
objective to provide an adequate land supply for economic development and employment
growth. Each community is provided the opportunity to address economic development as it
deems appropriate to their individual needs as specified in their. comprehensive plans'. goals and
policies.
The framework for the City's economic development program is presented in eight (8) elements
and related,policies. The inclusion of Membership Warehouse Clubs as an allowed use within
the M,-l district has. been compared .against. each of these elements. and. their related policies as
follows:
1. Iaaf®ranation, Iesearch and 'T'echnical Assistance
P®licy 1, Inf®rinati®n, Research and Technical Assistance. Utilize the results of the
1980 Census, when available, to provide the detailed data necessary to complete the
profile of the .community and region....
l+inding, P®licy 1: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district does not alter or otherwise affect the source of data.
C®nclusi®n, Policy 1: Not Applicable.
P®licy 2, Inf®rinatY®n, Research and TecTanicaT Assistance. Request assistance from
the Department of Economic Development in the development of the economic
development program, and remain aware of the ongoing plans and activities of the
County and other area communities.
I+ndiaag, P®licy 2: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district does not alter or otherwise affect the City's economic
development programming.
Conclusi®n, P®licy 2: Not Applicable.
Policy 3, Inf®raaaati®n, Research and Technical Assistance. Encourage the local
Chamber of Commerce, Economic Development Committee and other interested persons
and organizations to become involved in the City's plans and programs.
Page 19 of 32
EXIiIDI'I' "A - CI'I'1' C®iJNCII., F'Il®TDINGS"
Finding, Policy 3: Through the public involvement process the City has
specifically contacted the Chamber of Commerce to discuss the inclusion of
Membership Warehouse Clubs as an allowed use within the M-1 district.
Conclusion, Policy 3: This policy is not directly applicable to Membership
Warehouse Clubs other than the procedural notification,. which the City has
complied with per the requirements of Section 17.60..140.
2, Planning and Regulation
Policy 1, Planning and Regulation. Continue to refine City regulations pertaining to
economic development to ensure that the program can be carried out and that such
development will be an asset to the Community and region.
Finding, Policy 1 ~ The inclusion of Membership Warehouse Clubs as an allowed
:use represents the City's conscience effort to effort to refine its zoning regulations
as it deems necessary to encourage the continued development of a diversified
industrial base.
Conclusion, Policy 1: The inclusion of Membership Warehouse Clubs is
consistent with the City's economic development policies as set forth in the
.Economic Element.
Policy 2, Planning and Regulation .Continue to emphasize the need to maximize the
potential of major existing facilities that represent major public investments, but are
presently underutilized (Emphasis on railroad, Highway 99, the I-5 Freeway and the
airport related to industrial development, and Pine Street/Head Road for commercial,
office-professional and tourist development).
Findings, Policy 2: A determination of "similarity" would all offer additional
opportunities to maximize the use of existing infrastructure.
Conclusion,. Policy 2. Consistent,
Policy 3, Planning and Regulation. Implement policies of the Housing and Land Use
Elements pertaining to the orientation and buffering ofnon-industrial and non-
commercial land uses by modifying existing codes to require these actions.
Findings, Policy 3: The inclusion of Membership Warehouse Clubs as an
allowed use within the M-1 district does not affect the City's development
standards for the M-1 district.
Conclusion, Policy 3: Not Applicable.
3. Assembly and Disposal of Land
Page 20 of 32
EXIII~I'T "A - CI'I'I' C®iJNCII, FI1~tDI1~GS"
Policy 1, Assembly and Disposal of Land. Work with developers to ensure that
proposed plans are consistent with the overall development concept of the area and will
not create obstacles to the future development of neighboring sites..
Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's ability to manage
development within the M-1 district.
..Conclusion, Policy 1: Not. Applicable.
Policy 2, Assembly and Disposal of Land. Study the benefits of developing "concept
plans" for the coordinated development of critical areas, such as the Seven Oaks
Interchange Area and other industrial sites along the railroad.
Finding, Policy Z: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's ability to study the benefits,
or otherwise pursue concept plans for industrial development within the M-1
district.
C®nelusion, Policy 2: Not. Applicable.
Policy 3, Assembly and Disposal of Land.. Consider initiating the planning for an
industrial park along the railroad that :would provide for. a greater degree of development
coordination and might qualify for state or federal financial assistance.
Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's ability to initiate plans for an
industrial park within industrially zoned lands along. the railroad...
Conclusion, Policy 3: Not Applicable..:
4. Provision of Physical Facilities
.Policy 1, Pr®vison of Playsisal Facilities. Ensure that. the City's plans for public
facilities and utilities are .phased .according to the. most desirable progression of
development.
Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's ability to plan for public
facilities.
Conclusion, Policy 1: Not Applicable.
Policy 2, Provision of Physical Facilities. Strive to provide .all necessary public
facilities to the industrial (and commercial) sites prior to inquiries to avoid losing.
potential firms because of inadequate facilities.
Page 21 of 32
I+ XIII~I1' "A - CITE' C®iJNCII, FII~lI)II~TGS"
Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's ability to provide necessary
public facilities to industrial/commercial sites prior to inquiries.
Conclusion, Policy 2: Not Applicable.
Policy 3, Provision of Physical Facilities. Utilize the plans for public facilities and
services as a guidance instrument to implement the Plan in accordance with community
needs and planned growth.
Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's'ability to utilize plans for
public facilities and services.
C®nclusion,'Polcy 3: Not Applicable.
Policy 4, Provision of Physical Facilities. Include the development of public facilities in
a capital improvements program to ensure coordinated and adequately financed
development of the facilities.
Finding, Policy 4: The inclusion of Membership Warehouse Clubs as an allowed
use within the M=1 district will not affect the City's capital improvement
planning.
Conclusion, Policy 4: Not Applicable.
5. Site I)evelopYnent
Policy i, Site I)eveloprnent. Ensure that all new development is in conformance with
City codes, as well as applicable state and federal requirements.
Finding, Policy l: All development proposals within the City are subject to
compliance with the land division and zoning regulations set forth in the City of
.Central. Point Municipal Code. The proposed inclusion of IVlembership
Warehouse clubs as an allowed use will not affect the City's land development
and use standards.
Conclusion Policy, l: Not Applicable.
Policy 2, Site I)evelopireent. Seek ways to improve codes and repair deficiencies that
may be identified as development occurs.
-Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed
:use within the M-1 district. is in accordance with Section 17.48 and Section
Page 22 of 32
EXIIIDIT "A - CITY C®iTNCII~ F'Il~DIl®1GS"
17.60..140 relative to addressing uses not previously recognized, or otherwise
identified as an allowed. use in any zoning district.
C®nclusi®n, Policy 2: Consistent.
Policy 3, Site Development. Consider the development of an "industrial park", as
recommended in the Land Use Element and discussed in other elements of this Plan.
..Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed
,:use within. the M-1 district will not affect the City's ability to consider the
development of industrial parks. A majority of the City's M-l lands are currently
within a developed or planned industrial park.
Conclusion, Policy 3: Not Applicable..
Policy 4, Site Development. Ensure through the plan review process that. all proposed
developments are consistent with the Comprehensive Plan and are of the highest possible
quality.
Fineling, Policy 4: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will be subject to all development requirements
imposed within the M-1 district. As per these findings it has been determined that
Membership Warehouse Clubs are similar to other uses allowed in the M-1
_district. Further, by these findings it has also been determined that the inclusion
of Membership Ware house clubs is consistent with the City's Comprehensive
.Plan.
Conclusion, Policy 4: Consistent.
Policy 5, Site Development. Ensure that proposed development plans will not create
obstacles to the future development of adjacent parcels.
Fineling, Policy 5: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district is relegated to the status of a conditional use. 'The
purpose of this .allowed use classification is to assure that any proposed
Membership Warehouse Club does not create any adverse impacts on existing and
futureadjacent uses within he area relative totraffic circulation._
Conclusion, Policy 5: Consistent.
6. Non-Financial Incentives to Development
Policy 1,1\Ton-Financial Incentives to Development. Strive toward implementation of
the Comprehensive Plan to .ensure the overall development of the community that will be
attractive to prospective industries and will provide a high quality community in which to
live.
Page 23 of 32
EXIIIDIT "A - CI'I'I' C®JNCII~ FINDINGS"
Finding, Policy 1: As a use the inclusion of Membership Warehouse Clubs
within the M-l district will not adversely affect the overall development of the
City in such a manner that it would negatively affect the attractiveness of Central
Point as a place to live and do business.
Conclusion, Policy 3: Consistent.
Policy 2, Non-Financial Incentives to Developanent. Undertake promotional
opportunities that will emphasize the location and quality of the community and will
demonstrate the long=range plans of the City.
Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's ability to undertake
promotional opportunities.
Conclusion, Policy 2: IVot Applicable.
Policy 3, Non-Financial Incentives to Developgnent. Ensure that all future activities of
the City are consistent with the goals directed toward continued improvement of the
community.
Finding, Policy 3: The process employed in the determination of Membership
Warehouse Clubs as a "similar use" has included a comprehensive evaluation of
such a decision with the City's Comprehensive Plan and the purpose of the M-1
district. Membership Warehouse Clubs have been found to be similar to other
uses allowed within the M-1 district, while at the same time contributing to the
economic base of the City.
Conclusion, Policy 3: Consistent.
7. Financial Incentives, Assistance to Developynent
Policy 1, Financial Incentives, Assistance to Development. The City will consider legal
tax concessions only as a last resort as an inducement to development.
Finding, Policy is The inclusion ofMembership Warehouse Clubs. as an allowed
use within the M-1 district will not affect. the City's ability to propose, or
otherwise address tax concessions as an inducement to development.
Conclusion, Policy 1: IVot Applicable.
Policy 2, Financial Incentives, Assistance to Development. Actions that could produce
a short-term economic gain should be passed over if it could also detract from the quality
of the environment and. become a serious .detriment to the long-range plans of the
Community.
Page 24 of 32
I' XIII~IT 66A - CI'TE' C®I7I~ICII. FII\TI)INGS"
Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district is not considered as a short-term economic. gain.
Membership Warehouse Clubs are considered to be a valid use within the M-1
district providing benefits similar to warehousing and other similar uses allowed
in the M-1 district, and. as such wilLnot be a detriment to the long-range plans of
the City.
Conclusion, Policy 2: The inclusion. of Membership Warehouse Clubs as an
allowed use in the M-1 district is consistent with this policy.
Policy 3, Financial Incentives, Assistance to 1)evelopinent. Investigate alternative
financial incentives such as offering loan guarantees or direct loans financed through the
issue of tax-free general obligation bonds floated by a local development corporation.
Finding, Policy 3: The inclusion. of Membership Warehouse Clubs as an allowed
use within the M-1 district will. not affect the City's ability to develop financial
incentives to encourage economic development.
Conclusion, Policy 3: Not Applicable.
g. Advertising, ProHnoton, and Prospect Assistance
Policy 1, Advertising, Protnot'on, and Prospect Assistance. Work with state agencies,
including D.E.D. and the Department of Transportation to gain contact with firms
seeking to relocate.
Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's ability to work with state
agencies to facilitate recruitment of firms.
Conclusion, Policy 1: Not Applicable.
Policy 2, Advertising, Proanotion, and Prospect Assistance. Encourage the City's
Economic Development Committee to take a leading role in advertising, promotion and
prospect assistance.
Finding, Policy 2: The inclusion ofMembership Warehouse Clubs as an allowed
use within the M-1 district will not affect the City's ability to advertise, promote,
or otherwise seek means of soliciting industrial development.
Conclusion, Policy 2: Not Applicable.
Page 25 of 32
EXI~I~IT "A - CITI' C®LTNCII. FINDINGS"
Policy 3, Advertising, Promotion, and Prospect Assistance. Consider the preparation
of a brochure or other types of advertising materials that can be mass produced and
appropriately distributed.
Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district will not. affect the City's ability to advertise, promote,
or otherwise seek means of soliciting industrial development.
Conclusion, Policy 3: IVot Applicable.
Page 26 of 32
E?~IIII$IT "A - CITE' C®IJI®1CIL FII~TI)INGS"
PANT 7 - liZElVi>iEItSI3IP i~'A I3®IJSE CLI1IS, T S®I~'I'A1'I®N EI,E1ViENT
The proposed determination of "similarity" of Membership Warehouse Clubs as an allowed use
within the M-1 district has been evaluated. against the applicable goals and policies of the City's
Transportation Element.
Goa13.1, Land iJse: To effectively manage. the use of land within the Central Point urban area
in a manner that is consistent with, and that supports, the successful implementation of this
Transportation System. Plan..
Finding, Goa13.1: The inclusion of Membership Warehouse Clubs within the IvT-1
district as an allowed use (conditional use) enables the City to effectively distribute
traffic to areas of lesser trip generation, as opposed to concentrating uses'with high trip
.generation characteristics. This is done with the understanding that Membership
Warehouse Clubs are unique uses found to be similar. to and compatible with other uses
allowed in the M-1 district. Any actual proposed Membership Warehouse Development.
proposal will be suhject to the City's development standards, including the ability to
require a traffic impact analysis (17.05.900).
Conclusion, Goa13.1: Complies.
Policy 3.3.1, The City shall manage the land use element of the Comprehensive Plan in a manner
that enhances livability for the citizens of Central Point as set forth in the Transportation System
Plan.
Finding, Policy 3.3.1, Land Ilse: The inclusion of Membership Warehouse Clubs as an
allowed use (conditional use) within the M-1 district has been found to be consistent with
the City's Land Use Element (See Part 5).
Conclusion, Policy 3.3.1, Land IJse: Consistent.
Policy 3.1.2, Land iTse: The City shall continuously monitor and update the Land Development
Code to maintain best practices in transit oriented design consistent with the overall land use
objectives of the City.
Finding, Policy 3.1.2, Land ilea: The proposed inclusion of Membership Warehouse
Clubs as an allowed use within the M-1 district does not affect the City's planning for
transit oriented development, or the City's transit orient development standards.
Conclusion, Policy 3.1.2, Land ilea: IVot Applicable.
Page 27 of 32
EX1rIII3IT "A -CITY C®LT~ICIL F'Il~1INGS"
PANT 8 -1VIENI~EItS1EIIP WA I-I®iJSE CLIJI~S
SECTI®1~ 17.10.600 Al~Ti) T SP®ItTATI®N PLA~~TIl~G 1tI7LE, 660-012-0060
In a letter from John Renz, Department of Land Conservation and Development (DECD) dated
December 18, 2008, the issue of compliance with OAR 660-12-0060 questioning "significant
effect" was raised. This Part 8 ofthe Findings has been prepared in response to DLCD's
question regarding "significant effect" of the similar use determination.
Section 17.10:600 of the City's zoning ordinance sets forth provisions addressing the question of
"significant effect" when considering Comprehensive Plan or zoning. district changes that may
have an effect on the City's transportation facilities. Section 17.10.600 is based on the ,
provisions set forth on OAR 660-12-0060. Both Section 17.10.600 and OAR 660-12-0060
require that certain considerations be addressed relative to an amendment's affect on a
transportation facility..::
The consideration of Membership Warehouse Clubs is an interpretive question regarding similar
use, it does not amend the Comprehensive Plan, nor does it change: any zoning districts, or
amend zoning regulations. It is not an amendment to the M-l zoning. district, and as such the
above cited sections do not apply.. However, to .assure that the consideration of Membership
Warehouse Clubs is complete these finding address Section 17.10.600 and 0AR 660-12-.0060.
I3xckgr®und
The primary transportation facilities that service M-1 lands are Table Rock Road (principal
arterial) and Hamrick Road (collector). Pine Street (principal arterial), and Vilas Road (minor
arterial) also serve the M-1 area.. All M-1 zoned lands are in excess of'h mile from I-5
Interchange 33.
660-012-0060
Plan anti Land iJse Itegulxti®n Aanendpnents
(1) YYhere an amendment to a functional plan, an acknowledged comprehensive plan, or a land
use regulation would significantly affect an existing or planned transportation facility, the local
government shall put in place measures as provided in section (2) of this rule to assure that
allowed land uses are consistent with the identified function,,capacity, and performance
standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use
regulation amendment significantly affects a transportation facility if it would:
(a) Change. the functional classification of an existing. or planned transportation facility
(exclusive of correction. of map errors in an adopted plan);
Fineling, 660-012-0060(1)(x): The inclusion of Membership Warehouse Clubs as a
conditional use within the M-1 district will not cause a change in the functional
classification of transportation facilities serving the M-1 district. All transportation
facilities as defined in the City's TSP will be retained as currently defined.
Page 2g of 32
EXIII~IT "A - CITI' COiTNCII, FI1~1I)INGS"
C®nclusion, 660-012-0060(1)(x): Not a significant affect..
(b) Change standards implementing a functional classification system; or
.Finding, 660-012-0060(1)(b): The inclusion of Membership Warehouse Clubs as a
conditional use within the M-1 will not cause a change in the standards implementing the
City's functional classification system. as set forth in the TSP.
C®nclusi®n, 660-012-0060(1)(b): Not a significant affect.
8
(c) As measured at the end of the planning period identified in the adopted transportation system
plan:
(A) Allow land uses or levels of development that would result in types or levels of travel
or access that are inconsistent with the functional classification of an existing or planned
transportation facility;
Finding, 660-012-0060(1)(c)(A): As a conditional use Membership Warehouse Clubs,
within the M-1 district, will not result in types or levels of travel or access that are
inconsistent with the functional classification of the. City's existing or planned
transportation facilities. All M-1 lands. are currently served by the City's primary arterial
and collector street system.
C®nclaasi®n, 660-012-0060(1)(c)(A): The inclusion of Membership Warehouse Clubs as
an allowed use within the M-1 district will not cause a change in the type or level of
travel or access .inconsistent with. the City's functional :classification system of an existing
or planned transportation facility.
(B) Reduce the performance of an existing or planned transportation facility below the
minimum. acceptable performance standard identified in the TSP or comprehensive plan;
or
Finding, 660-012-0060(1)(c)(~): A determination Ghat Membership Warehouse Clubs as
a conditional use are similar to other allowed uses in the M-1 district will not cause the
performance of an existing or planned.. transportation facility to fall below acceptable
performance standards. Only at such time as a Membership Warehouse :Club is actually
developed would there be a demand on the City's transportation facilities that may, or
may not, affect the transportations minimum level of performance. As proposed he
Membership Warehouse Clubs would be allowed as a conditional use and subject to
compliance with all development standards of the City, including the Transportation
System Plan.
It is possible that the development of any use permitted in the M-1 district, Membership
Warehouse Clubs included, could cause a reduction in the minimum level of service, in
which case the development proposal would be responsible for the mitigation of traffic
impacts to acceptable levels. Section 17.05.900 Traffic Impact Analysis contains
.Page 29 of 32
EXIIIBII' "A -CITY C®iJ~TCIL, FINI)ITVGS"
provisions for the evaluation of a development's traffic impacts and. mitigation of those
impacts to acceptable minimum levels.
Conclusion, 660-012-0060(1)(c) ): A determination that Membership Warehouse
Clubs are a similar use will not cause a reduction of performance standards to existing or
planned transportation facilities below minimum acceptable'standards.
(C) Worsen the performance of an existing or planned transportation facility that is
otherwise projected to perform below the minimum acceptable performance standard
identified in the TSP or comprehensive plan.
Finding,. 660-012-0060(1)(c)(C): See Finding 660-012-0060(1)(c)(B).
Conclusion, 660-012-0060(1)(c)(C): See Conclusion 660-012-0060(1)(c)(B).
(2) Where a local government determines that there would be a significant effect, compliance
with section (1) shall be accomplished through one or a combination of the following:
(e) Providing other measures as a condition of development or through a development
agreement or similar funding method,. including transportation system management
measures, demand management or minor transportation improvements.. Local
governments shall as part of the amendment specify when measures or improvements
provided pursuant to this subsection will be provided.
Finding, 660-012-0060(2)(e): A determination that Membership Warehouse Clubs area
similar use to uses permitted within the M-1 district will not result in a significant effect
on the City's transportation facilities, however it does provide an opportunity that such an
effect may occur. As an accommodation to this possibility Membership Warehouse
Clubs are proposed as a conditional use. The purpose of the conditional use classification
is to provide further assurances that Membership Warehouse Clubs are compatible with,
and complimentary to adjacent uses, including mitigation of traffic impacts. Section
17.05.900 Traffic Impact Analysis xequires that developments meeting certain criteria are
required to complete and submit a traffic impact analysis.
Conclusion, 660-012-0060(2)(e): As a conditional use, and using Section 17.05.900 the
City has in place methods and means to evaluate and impose mitigation to potential
project generated transportation impacts resulting. from the development of Membership
Warehouse Clubs, or any other use within the M-1 district.
Page 30 of 32
EXIII~IT "A -CITY C®iJNCII. FIl~I)INGS"
PART 9 -1VIEli'IItS IP WA Ii®iJSE CLiT~S
CONI)ITI®NAI, iJSE Ai7TII ZATI®N, SECTI®1~117.48.040(A)
Section 17.48.040 C®nditi®nal ilses. The following uses and their accessory uses may be
permitted in an M-1 district when authorized in accordance with Chapter 17.76 (Conditional
Use Permits).
A. Business offices and commercial uses that are compatible with and closely related in
their nature of business to permitted uses. in the M-1 district, or that would be established
to serve primarily the. uses, employees, or customers of the M-1 district.
Finding Secti®n 17.48..040. This section serves as further acknowledgement that uses within
the M-1 district are not strictly limited to primary and/or secondary sector industrial uses.
Provided that a determination can be made that the use is compatible with and closely related
to business permitted in the M-1 district, office and commercial uses can be allowed as
conditional uses. Section 17.60.140 sets forth the criteria used to determine "similarity" for
allowed uses within a district. Part 4 of these findings address the criteria for "similar" use.
As a safeguard to compatibility with other permitted uses it is proposed that Membership
Warehouse Clubs be classified as a conditional use. As a conditional use Membership
Warehouse Clubs will have to, on a case-by-case basis, address and mitigate traffic and site
planning conflicts as a condition of approval.
C®nclusi®n, Sesti®n 17.48.040. See Part 4 for conclusions.
Page 31 of 32
EXIII>$IT "A - CITE' C®IJ~TCII, FI~1I)I~IGS"
PART 10 - SUNIIVIAl~i' C®NCI.~iJSI®~1
With regard to the question of similarity it has been demonstrated in these findings that
Membership Warehouse Clubs are similar and closely related to, and can exist compatibly with
uses permitted in the M-1 district. As a use Membership Warehouse Clubs are a hybrid
combining elements of retail, warehousing, and wholesaling that are suitable to the intent of the
City's light industrial M-1 zoning district.
The inclusion of Membership Warehouse Clubs will serve to diversify the City's industrial base
allowing additional, but limited/non-competing, opportunities .for family-wage employment
generating development. Considering the physical and functional characteristics of Membership
Warehouse Clubs, and the City's current development controls, Membership Warehouse Clubs
are a logical extension of the uses allowed within the M-1 district.
The inclusion of Membership Warehouse Clubs, as a conditional use, within the M-1 district is
found to comply with all applicable criteria set forth in Section 17.48.020(W) and Section
17.60.140(A) of the Zoning Ordinance.
o Page 32 of 32
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City of Central Point, Oregon
140 S 3rd Su-eet, Gent~-al Foint, OR 47502-
541.664.3321 Fax 541.664.6384
www.centralpoi ntoregon.gov
/.'~~- A
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I~ ~° Community ®eveloponent
L~
~~J I~ ~ ~ _ _ _ -Tom Humphrey; AICP,
Community Development Director
Subject: Planning Commission Report.
A. File ~To. 07035, A public meeting was held to consider the Bank of the Cascades request
for an extension of the site plan previously approved for North Valley Center which is'
located on Biddle Road next to the Super ~ Motel. The Planning Commission apps®ved
the extension until,4pril 1, 2010.
. File loo. 09025(1) City of Central Point Comprehensive Plan - Econo is Ele ent.
Community Planner Dave Jacob presented an overview of local, regional, state and national
economic trends.: With the potential for an expansion of the City's urban growth boundary,.
updating the economic element of the City's Comprehensive Plan has become necessary.
As development of this element moves forward, more economic data will be presented and
the policies and goals of the economic element will be developed. 11~® acti®n ivas required
of the Planning Commission at this time
C. File l~to. 09025(2) City of Central Point Co~prehen~ive Plnn - ` Dosing Element. ` :Staff
is also updating the housing element of the Comprehensive Plan in preparation for urban
growth boundary expansion. Don Burt, Planning Manager, stated that the purpose of
Statewide Planning Goal l0, Housing, is to provide adequate housing for citizens and
provides guidelines and. requirements for the development of this element. When completed,
final recommendations will be forwarded to the City Council 'This will all need to be done
in conjunction with the Regional Problem Solving process; however, there will be no formal
action taken until the RPS plan is adopted. No action fuss required of the Pdannin~
Conarreissi®n at thds time.
I). File No. 09025(3) City ®f Central Point Comprehensive Plan - iJrbanizati®n Element.
Mr. Burt. stated. that the. urbanization element. is the foundation element of the
Comprehensive Plan because it requires a sufficient land inventory to be maintained to
support the City's growth for the next 20 years. This element will be completed in
conjunction with Regional Problem Solving process. There will be opportunities to discuss
and modify the policies contained within the Regional Problem Solving plan as all of
the cities will be reviewing their portion of the plan. Following review, a recommendation
will be made to the City Council and they in turn will forward a recommendation to Jackson
County who will take the matter forward. 11~o action was required of the Planning
Comissi®n. at this time.
E. I)TSCITSSIN
a. Senate dill on Extensions.° Community Planner Connie Clune introduced House Bill
3031 to Commissioners, a bill that would allow an automatic two (2) year extension of
time on residential applications. As no further action has been taken towards its passage
by the State, Ms. Clune suggested that the City proceed with amending its code.
b. Co-location on ®re~on State Police (SI') C'ell Tower: Ms. Clune advised
Commissioners that staff had been approached by OSP with a request to allow AT~cT to
co-locate on an existing cell tower on their property. Commissioners asked Ms. Clune
to obtain more information from AT&T prior to pursuing a code amendment to allow
cell towers in the TOD under certain circumstances and to maintain a degree of control
over these types of projects.
c. The Crossing - Torn~ny Malot: Mr. Burt told Commissioners that Tommy Malot was
interested in putting a pizza parlor in The Crossing on the ground floor adjacent to
Anytime Fitness.. Mr. Malot was .advised that he would need. to pursue a .conditional use
for this restaurant and that certain conditions of approval would be imposed, e.g. no live
music, due to the. close proximity of residences. The. City will not approve any permits
or a liquor license prior to the Planning Commission review of a conditional. use permit
request which will occur in July.
F. SCEI.LANE®iJS
a. 1)LCl9 ~~peal o(' enzberslai~ Tlyarelaouse Clubs: Mr. Burt advised Commissioners
that the City Council had upheld the_Planning Commission decision to allow
membership warehouse clubs as a conditional use in the. M-1 zoning district. John Renz,
bLCD, appeared. at the Council meeting and stated that DLCD was not opposed to
Membership Warehouse Clubs, but DLCD would.. j prefer that. the. City do a zone change.:
on the proposed property to from industrial to commercial so that the City would be
required revise its transportation system plan. Council will take fmal' action at their next
regular meeting.....
b. Twin Creeks Crossing: Mr. Samitore reported that Twin Creeks Crossing is expected. to
be heard by Jackson County during the second meeting ;in June. Central Oregon Pacific...
Railroad is asking the developer to replace: approximately 7,000 feet of track which will
add approximately X500,000 to the project. ODOT Rail is ready to sign off.
c. Flood ~laie~ issues: Mr. Samitore informed the Commissioners that Central Point had
started flood plain updates in 2001 and five of the seven creeks located in Central Point
have now been studied and new maps will soon be adopted.. FEMA will be conducting
open houses starting at some time during the month of June of.2009 to provide more.
.information on this issue.
G... JiJ