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Home My WebLink AboutCAP031209Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingier Ward II Mike Quilty Ward YII Matthes:v Stephenson Ward IV Allen Broderick At Large Carol Fischer Kay Harrison Administration Phil Messina, City Administrator Community Developme-tt Department Tom Humphrey, Director Finance Department Bev Adams, Interim Director Parks and Recreation Department Matt Satnitare, Manager Police Depardnexxt Jon Zeliff, Chief Public Worka Department Bob fierce, Director CITY OF CENTRAL, FOINT City Council Meeting Agenda March ~.2, 2009 Next Res.1202 Next Ord. No.1925 I. REGULAR MEETING CALLED TO ORDER - 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES V. CONSENT AGENDA pg. 1 - 6 A. Approval of February 26, 2009, City Council Minutes 7 - 10 B. Approval of 2009 Local Committee Representatives 11 - 1 C C. Approval of Intergovernmental Agreement For Jurisdictional Transfer of Hamrick and West Vilas Roads VL ITEMS REMOVED FROM CONSENT AGENDA VII, SPECIAL PRESENTATION - RVCOG ANNUAL REPORT VIIL PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 17.20 A. Second Reading -Ordinance Na. , An Ordinance Amending Section 17.37.020 of the Central Point Municipal Cade (Samitore) 21 - 24 B. First Reading ~ An Ordinance Amending Central Point Municipal Code 1.08 Pertaining to Initiative and Referendum Procedures (Messina) IX.. $.USINESS 25 A. Planning Cammissian Report (Samitore} X. COUNCIL. BUSINESS XI. MAY'OR'S REPORT XII.. CI.T.Y AI?112INISTRATOR'S REPORT XIII. COUNCII..~ REPORTS XIV. DEPARTMENT.REPORTS XV. EXECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings I,aw, the proceedings of an executive session are not for publication or broadcast. XVI. ADJOURNMENT Cosssesst Agenda CITY 01= CENTRAL POINT Clty Council Meeting.Minutes February 2fi, 2fl09 !._ REGULAR MEETING CALLED. TO ORDER Mayor Williams called the meeting to order at x':00 p,m. II. PLED.GE.OF ALLEGIANCE III: ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingler, Carol Fischer, Kay Harrison, and Matthew Stephenson were present. Mike Quilty was excused. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Deputy Public Works Director Chris Clayton; Police Chief Jon. Zeliff; Interim Communi#y Development Director Matt Samitore; Interim Finance Director Bev Adams; and City Recorder Deanna Casey were also present. iV. PUBLIC APPEARANCES..-None V. CONSENT AGENDA A. Approval of February:12, 2009, City Council Minutes. Kay Harrison made a motion to approve the consent agenda as presen#ed. Bruce Dinger seconded. Roll call: Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer,. yes; Kay. Harrison, yes; and Matt Stephenson, yes. Motion approved. Vt. ITEMS REMOVED FROM CONSr=NT AGENDA -None VII. PUBLIC HEARINGS,. ORDINANCES AND RESOLUTIONS A. Public Hearing and First Reading, An Ordinance Amending Section 17.37.02fl of the C®ntral Paint Municipal Code Interim Community Development Director Matt Samitore explained that currently the C-2 (M) district has a restriction an the continued use of residential units located within the district. In the C-2 (M} district, residential uses are classified as ~; a ~ti~ City of Central Point Council Minutes February 25, 20D9 Page 2 nonconforming, but i1 residential. However, Properties located in medical facilities. converted to an office use, may later if des#royed, a residence cannot this district are single family homes, be reconverted to be reconstruc#ed. duplex units and The C-2 (M} district was initially created to complement Cascade Hospital which no longer exists. There is only one C-2 (M) district in the city, located along- Bush Street between South First Street and South Fourth Street, Staff is recommending changing the zoning to T4D Low Mix Residential (LMR). The LMR zone provides for single family and lower density multifamily housing types with a density of 6-12 units per acre which corresponds to the current development pattern in the C-2(M) zone. Mayor Williams opened the public hearing. No one came forward and the public hearing. was. closed:. . M2itt Stephenson made a motion to move to second reading An Ordinance Amending Section 17.37.020 of the Central Point Municipal Code, Kay Harrison seconded. Roll call: Allen Broderick, yes; Bruce Dingier, yes; Carol Fischer, yss; Kay, Harrison,. yes;- and Matt Stephenson, yes. Motion approved. B. Resolution- No. 1201, A Resolution Authorizing Signatures for `Banking Services on Behalf of the City of Central Point Interim Finance Director Bev Adams explained that for internal control purposes the City .requires that al! checks have two signatures. In order to insure that we have the necessary signer's available staff recommends adding Council Member Kay Harrison and City Recorder Deanna Casey to the Ilst of Authorized signa#ureS. Matt Stephenson made a motion to approve Resolution No. 720'l, A Resolution Authorizing Signatures for Banking Services on Behalf of the City of Central Pointr Bruce Dingier seconded. Roll call: Allen Broderick, yes; Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt Stephenson, yes. Motion approved. 1Clll. Bt1SlNl SS A. Don Jones Memorial Park Landscaping and irrigation Interim Community. Development Director Matt Samitore explained bid documents for the- construction of Don Jones Memorial Park landscape and irrigation were opened o~ January 2S, ZQOg. At the last Council meeting staff was direeted to investigate the financial ability of the lowest bidder, Krause Landscaping, He explained coni;erns staff has with Krause Landscaping. Staff also has investigated the second and third place base bid offers. Both contractors have valid bids and would be able to complete tho jab as specified. ~ ~..; . t City of Central Foint Cacencii Minutes February 26, 2pp9 Page 3 City Attorney Doug Engle .explained that Council has the authority to award the bid to a.responsible party, unless the bid process was not fair. Mayor Williams. opened to public comments. Keith Boyd, Attorney far Krause Landscaping Mr. Boyd stated that at the time of writing ,the bid proposal Krause Landscaping was .not aware the business license far a subcontractor had elapsed. He explained the QRS requirements for awarding bids and that the type of work the subcontractor will be doing is not required to have a business license, Since the February, 26, 2009, Council Meeting.the subcontractor has renewed his business license.. The Council can be assured that the bid process was fair and alt ORS requirements were followed. Mr. Engle explained that state law gives the Council the ability to award the bid to the second choice if they_have a legitimate reason for not awarding.to the lowest bid. There was discussion regarding work in the past by Mr. Artner who is the second tier contractor. The city has had to red tag projects in the past. Gary Krause, Krause Landscaping Mr. Krause stated that he is the law bidder and all legal requirements were followed when submitting the bid. He-has been a landscaper in the galley for over ~0 years. He stated that he has been: making recommendations to Mr. Samitore about. items to-help save money on maintenance in the future. This is his first bid award as the general contractor. He explained the background regarding.Ground Control and their license issues. Rene Pare, Mountain View Landscaping. Mr. Pare ,stated that he has been in business far 30 years. Mountain View Landscaping is the second lowest base bid. He would be Nappy ,to be awarded the bid for Don Jones Park. There was discussion about some of the gray areas and concerns of the low bid. Council should decide if the bid process was fair and if Krause Landscaping is responsible. enough to complete the jab. If the process was fair they should award to the low bid. If they do not fieel the process was fair they may award the bid.to the second lowest base bid. Matt Stephenson made a motion to approve the bid award for Dan Jones Memorial Park. Landscaping and Irrigation #o Overstreet. Carol Fischer seconded. Matt Stephenson rescinded his motion. There was discussion regarding Mr. Artner and issues he has had in Central Paint in the past. The fact that Mr. Krause was unaware of the laps in license could have been an administrative oversight. Ran Qverstreet, Overstreet Landscaping ~, .a . City of Central Painf C~unci~ Minutes February 26, 2009 Page 4 Mr. Qverstreet stated that his company has experience with Don .!ones Park. His company. has been prequalified with Central-Point fora long time. As the General Contractor he is responsible far all work done by subcontractors. It was Mr. Krauses responsibility to make sure his subcontractors were licensed. Overstreet Landscaping is prepared to accept the contract. Kay Harrison: made a motion to award the Don Jones Landscape bid to Gary Krause Landscaping. Bruce Dingier seconded. Roll -call: Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, no; Kay Harrison, yes; and Matt Stephenson, no: Motion fails. Mr. Samitore asked if the Council would like to put the project out for bid again. They are not sure the bids will be any different. The longer the bid award takes the less chance the park will be complete for this summer. ` Mr. Overstreet stated that he would have the project done in time if the bid was awarded to Overstreet Landscaping: Mr, Krause stated that he will have no problem completing the jab on time and at a lower price if he is awarded the bid. Kay Harrison made a motion to award the Don Jones Landscape ,Bid to Gary Krause Landscaping. Bruce Dingler seconded. Roll call: Allen Broderick, yes; Bruce .Dingler, yes; Carol Fischer, no; Kay Harrison, yes; aril Matt Stephenson,: yes. Motion approved. B. Appointment to the Citizen Advisory Committee Mayor Williams sta#ed that this item will be postponed until the City can receive more applications. C. Appointment to the Budget Commit#ee Mayor Williams recommended the re-appointment of Karen Huckins and appointment of a new committee member, Jason Lukaszewicz for terms to expire December 12, 2011. Bruce Dingier made a motion to appoint Karen Huckins and Jason Lukaszewfcz to the Budget Committee with terms expiring. Decs~mber 12, 201.'1. Carol Fischer seconded. call: 'Alien Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt Stephenson, yes. Motion approved. IX. COUNCIL BUSINESS -None 4 ~,~ .. ~F, ~ ~° City of Central Point Counci2.Minutes February 26, 2Q09 Page 5 X, MAYOR'S REPORT Mayor Williams reported that he: • attended the RVCOG meeting • attended an RPS meeting. He intends to push for immediate approval of the participant's agreement. XI. CITY ADfiAtNISTRATOR'S REPORT City Administrator Phil Messina reported that: • The Central Point Chamber is having their annual Auction Dinner on March 7t". Please let him know if you are interested in attending and he will reserve a table. • He attended an RPS meeting • He attended a Southern Oregon Historical Society meeting. XIL C.pUNCIL.REPORTS Kay Harrison reported that she attended the MPO PAC meeting, the Study Session, RVSS meeting and an RVTD meeting. XIII. DEPARTMENT REPORTS Deputy Public Works Director Chris Clayton reported tha#: • The Gebhard Road waterline bid will go out far bid this week. • The MPO stimulus money will be about $412,000 for Centro! Point. They intend to use the money for an overlay. of 10'" Street. • There will be a growth incentive package meeting in March. • They have been doing traffic counts around the Pilot Station. Those results will be presented to Council at the March Study. Session. Interim Community Development Director Matt Samitore reported: • He is working on area management plans with ODOT for the Central Point exit. Mr. Humphrey is expected to return in September. Interim Finance Director Bev Adams reported that she has been working on Budget. Public Works Director Bob Pierce reported that there was a report that the house at 712 Manzanita may have had some asbestos in it. The house was demolished on February 18t". Our Building Official did a walk through and determined the house met the requirements for an exemption to the normal asbestos inspection requirements. ft was reported to DEQ and OSHA that staff may-,have been subjected to asbestos. DEQ agrees that the City did. meet the requirements for an exemption regarding this property. OSHA is conducting an investigation. Staff ~~ ,, , 5 City Of Centro! Ppittt Council Minutes February 26, 2DD9 Page 6 has decided if we are required to demolish any other building we will require the full inspection far asbestos. XIV. EXECUTIVE SESSION -None XV. ADJOURNMENT Bruce pingler moved to adjourn, Matt Stephenson seconded, all said "ayen and the February 26, 2049 Council Meeting was adjourned at 8:47 p.m. The foregoing minutes of the l=ebruary 26, 2009, Council meeting were approved by the City Council at its meeting. of March 12, 2409. dated: ATTEST: City Recorder Mayor Hank Williams ~,: , ~.q .. Ci€ya . ._......._ _._ __.._---._.. _.._.. _..- __..._ . _.._.. CENTRAL.- -- . __..._..Admiinistratio~_Department S 1.[[~ R~pO rt PO~NT phii Messina, City Administrator Chi-~.~~,~~~ Deanna Casey, City Recorder TO: Honorable Mayor and City Council FROM: Deanna Casey,, City Recorder SUBJECT: Local Committee Representatives DATE: March 12,.2009 Attached is the list of local.committee representative assignments for the City Council. This list is not all inclusive of committees you .may, represent. If Council members wish to add.committees to this list please provide me with the information. RECOMMENDATION: Approve Local Committee. list with the Consent Agenda. on March 12, 2009. u ~~~ '~ City Council.. representatives to Local Committees {311.2149) 1. RVCOG Executive Committee, Hank Williams 4t'' Weds each mon#h, 11:00 a.m. at Avista Utilities Rm B Contact: Ros 664-6676 ex# 202 2. RVGOG Board of Directors Meetings, Hank Williams, 4t~' Weds each month, 11:45 a,m, at Avis#a Utilities Rm B Contact: Rvs.664-6676 ext. 202 3. Bear Greek Greenway Gommittee, Kay Harrison 4th Tuesday-each month, 12:00 p.m. Med#ord City Annex Rm 157. Contac#;_Karen Smith 774-6231 4. Gentral Point Citizens Advisory Committee, Bruco Dingier, Allen Broderick 6:00 a.m. Third Tuesday in January, April, July, Qctober Contact: Community Development 664-3321 ext 292 5, Central Point Ghamber of Commerce,. Phil Messina 2`"' Tuesday each month, 12:00 p.m. Central Point Chambers Contact: Chamber 664-5301 6. Jackson County Expo Board, Kay. Harrison 3'~ Tuesday each month, 6:OD p.m. Fair Board Room Contact: Chris Borovansky, 776-7270 7. Jackson County l=ire District No. 3 Board, 3rd Thursday each month, 7:30 p.m. White City Station Contact: 826-7100 8. Sa. Oregon Regional Econ. Dev, Inc._ (SOREDI), Matt. Stephenson 1gt Tuesday each month, 3:30 alternating between Medford and G.P Contact: Angie 773-8946 9. School District No. g Board Meeting, Allen Broderick 2"~ Tuesday each mon#h, 7:30 p.m. School District Administration Building Contact: Pat 664-6611 10. Regional Sewer Rate Committee, Kay Harrison Quarterly on the 2"d Monday of the Month, 12:00 p.m. Avista Utility Contact: Chuck Root, 779-4144 ~.% .~ ~ j , i ~ ~ ~. ` } a . i 11. City Park Commission, Allen Broderick Meet Quarterly, times vary, Council Chambers Contact: Matt Samitore 664-3321 ext 205 12. Rogue Vaiiey Sewer Systems, Kay Harrison 3'~ Wednesday each month, 7:00 a.m. Contact: Chuck Root, 779-4144 13. Medford Water Commission, Kay Harrison, Carol Fischer 1st and 3`~ Wednesday each month, 12:30 p.m. Lausman Annex. Contact:. Medford Water Commission 774-2430 14. Rogue Vaiiey Area Commission on Transportation, Hank Williams, Bruce Dingier 2"d Tuesday each month, 9:00 a.m. Loca#ion varies Coontac#: John Morrison, 664-6674 15. Transportation Advocacy Committee (TRADCOj, Mike Quilty 2"a Tuesday each month, 12:00 p.m. Jackson County Contact: Kim Parducci.774-210.0 16. Regional Probiem Soling Committee, Hank Williams, Phil Messina 1St Tuesday each month, 7:30 a.m. RVCOG meeting room Contact:.RVCOG B64-6674, ext. 202 17. Metropolitan Planning Organization (RVMPO), Mike Quilty, Bruce Dingier 4th Tuesday each month, 2:00 p.m. RVCOG meeting, room Contact: Sue Caravan 423-1360, Dan Moore 423-1365 18. Regionai Probiem Solving Technical Committee, Tom Humphrey Contact: RVCOG 664.6674 19, Medford-Ashland Air Quality Maintenance Area, Mike Quilty, Kay Harrison Meeting, dates and times vary 20. RVTD Board Meetings, Kay Harrison Last Wednesday of the Month 5:3Q p.m. a# Medford Court House 21. Mufti-Cultural Committee, Caro3 Fischer, Kay Harrisan Second Mondays of February, May, August, November at 6:00 p.m. Contact; Deanna Casey 423-102fi 22. Traffic Safety Committee, Bruce Dingier Fourth Tuesday of January, April, July, October at 6:00 p.m. Contact: Karen Roeber 4231028 ., ., ~ ~ t ,, 9 Public Works Department Cityof CENTRA! POINT C)r eggn MEMORANDUM TO: Chris Clayton, Deputy Public Works Director FROM: Stephanie Woolett, CFM~ DATE: March 3, 2009 Bob Pierce, Director Stephanie Wooleff, CFM lnferim Development Services Coordinator RE: Intergovernmental Agreement far Jurisdictional Transfer of Hamrick and West Vilas Roads The attached Intergovernmental Agreement for Road Jurisdictional Transfer provides the legal framework for the transfer of Hamrick and a portion of West Vilas Roads from Jackson County's jurisdiction to the City of Central Point. According to the agreement, the transfer includes the following roadways: • Hamrick Road, from the northerly right-of-way of East Pine Street to West Vilas Road. • West Vilas Road, from Hamrick Road to the Central Point city limits, located approximately 800 feet west of the westerly right-of-way of Table Rock Road. Mutual approval of the Intergovernmental Agreement lay the City and the County and the subsequent jurisdictional transfer is a condition of the ODOT Pedestrian and Bicycle Program grant funding awarded to the City in the amount of $340,000.00 for the Don Jones Park Pedestrian Safety Corridor and Crossing at Hamrick and New Haven Road. !n summary, this project aims to provide a safe pedestrian crossing that links residential neighborhoods with Dan Jones Park. The crossing will be located at the intersection of Hamrick and New Haven Road and consists of an enhanced cross walk, ADA compliant sidewalk ramps and flashing pedestrian signals installed 250-feet from the crosswalk on both travel lanes. Due to existing traffic conditions on Hamrick Road that prohibits safe pedestrian travel across Hamrick, the project was also designed to Include a traffic calming corridor. Timely transfer of the jurisdiction of Hamrick and West Vilas Roads, as defined above, will ensure that the City is able to begin design and construction of the Dan Jones Park Pedestrian Safety Corridor and Crossing Project by July 1, 2009. City of Central Point i4o South 3` Street, Central Point, Oregon 975oz 5~a.664.76az 1~ IGA for Jur~sd~ctiona~ Transfer of HamrYCk Road and 'west V~~as Road N w s Thh map fe dnignod for gralphk Naplpy prtd reference purposes only. MND 4 MARCH 3004 INTERGOVERNMENTAL AGREEMENT FOR ROAD JURISDICTIONAL TRANSFER HAMRICK AND WEST VILAS ROADS This Agreement is made between Jackson County, a political subdivision of the State of Oregon, hereinafter referred to as "County" and the City of Central Point, an Oregon municipal corporation, hereinafter referred to as "City". County and City are collectively referred to as "Parties". Recitals A. The County presently has jurisdiction over the Roads (as defined below) within the city Limits of the City. Because of the geographical location of the Roads, the costs of maintenance and improvements to the Roads have become unduly burdensome to the County. B. The City is involved in an ongoing street improvement program for roads and streets within the city limits.. The City. wishes to exercise. jurisdiction over the Roads #o ensure #hat the Roads are included within the City's street improvement program. C. ORS 373.270 permits the jurisdiction over county roads to be transferred to a city whenever the county governing board deems. it necessary,. expedient or for the best in#eres# of the county to surrender jurisdiction, and the governing body of the city deems it necessary or expedient and for the best interest of the city to acquire jurisdiction over the county roads to the same extent as it has over other public streets and alleys of the city. D. The Board of Commissioners of the County has, after satisfying the notice and public hearing requirements stated in ORS 373.270 (2), (3), and (4), adopted Board Order No. authorizing surrender of jurisdiction over the- Roads and execution of this Agreement on behalf of the County. E. The City Council of the City has adopted Resolution No. authorizing the acceptance of jurisdiction over the Roads and execution of this Agreement on behalf of the City. Agreement NOW THEREFORE, the parties agree as follows: The Recitals set forth above are true and correct and are incorporated in this Agreement by this reference. Page .1 of 2 6 4 .. .-t 2. Identification of Roads: This Agreement concerns portions of the following county roads within the City: a. Hamrick Road, from the northerly right-o# way of East Pine Street #o West Vilas Road. b. West Vilas Road, from Hamrick Road to the Central Point city limits, located approximately 800 feet wes# of the westerly right-of-way of Table Rock Road. The roads identified above are collectively referred to in this Agreement as the "Roads". The Roads are shown on Exhibit A attached hereto and incorporated into this Agreement by reference: 3. Transferof Jurisdic#ion: The County hereby #ransfers jurisdiction over the Roads to the City, and the City hereby assumes jurisdic#ion over the Roads from-thee County. The City is hereby solely responsible for aA construction, improvements, repair, maintenance, levying and collection of assessments and control of access over the Roads. The City shall have the same jurisdiction over the-Roads as by its charter and the laws of the State of Oregon are given or granted it over ahy of the public streets and alleys of the City. 4. Payments There will be no payment made by the County or the City related to the trans#er of the Roads. 5. Asse# Transfer Report: Within 30-days of the execution of this Agreement by both parties, the County shall provide to the City a report identifying "Asset Values". The report shaA be sufficient for Annual Asset Reporting (GASB34} requirements. IN WITNESS WHEREOF, the parties set their hands on the da#e indicated. JACKSON COUNTY: By: Danny Jordan County Administrator Dated: ~~ t ~:. CITY OF CENTRAL POINT: By: Title: Dated: Page 2 of 2 ~' ~. 4 .. Vol Pg BEFORE THE BOARD OF COUNTY COMMISSIONERS STATE OF OREGON, COUNTY OF JACKSON IN THE MATTER OF THE TRANSFER OF ) ORDER NO. JURISDICTION OF A PORTION OF HAMRICK ) ROAD AND A PORTION OF WEST VILAS ROAD ) TO THE CITY OF CENTRAL POINT ) WHEREAS, the county presently has jurisdiction over a portion of Hamrick Road and a portion of West Vilas Road in Central Point, as shown on attached Exhibits A and B; and WHEREAS, the city of Central Point has agreed to accept jurisdiction over a portion of the roads to ensure they are included in the city's street improvement program and ORS 373.270 permits the jurisdiction over county roads to be transferred to a city; and WHEREAS, the Jackson County Board of Commissioners desires to schedule a public hearing to receive comments concerning the jurisdictional transfer. Naw, therefore, The Board of County Commissioners of Jackson County ORDERS: 1. A public hearing is scheduled far Apri122, 2009, at 9:30 a.m. in the Courthouse Auditorium to hear comments and input on this jurisdictional transfer. 2. Notice of Public Hearing be given pursuant to ORS 373.270(2). DATED this 18th day of March, 2009, at Medford, Oregon. JACKSON COUNTY BOARD OF COMMISSIONERS Dave Gilmour, Chair Jack Walker, Commissioner Dennis C.W. Smith, Commissioner ORDER-1 w ,x :~- ~ ~ ..~ ~J Ordisaasace CpMC Amendment Section iZ.3Z.020 ,_ ~, Planning Department STAFF REPORT ~ ~ STAFF REPORT March 12, 2009 Tom Humphrey, AICP, Community Development Director/ Assistant City Administrator AGENDA ITEM: FILE NO. 0900x(3} Consideration and Second Reading of an Ordinance approving a text amendment to Section 17.37.020{D}, C-2{M} Commercial-Medical District of the Central Point Municipal Code. Applicant: City of Central Point STAFF SOURCE: Connie Clune, Community Planner BACKGROUND: On February 26, 2009 the City Council held a public hearing to consider an ordinance approving a text amendment to Section 17.37.020(D}, C-2(M} Commercial-Medical District of the Central Point Municipal Code (without changes) and approved by a unanimous vote to move the ordinance to a Second Reading. The proposed amendment allows residential-uses as permitted uses subject to the standards of the TOD- LMR district. ISSUES: There are no identified issues. CONDITIONS OF APPROVAL: There are no identified conditions of approval. ATTACHMENTS: Attachment "A - Ordinance No. ACTION: Consideration and Second Reading of an Ordinance approving a text amendment to Section 17.37.020{D), C-2(M) Commercial-Medical District of the Central Point Municipal Code. RECOMMENDATION: Approval of Ordinance No ATTACHMENT" "~" ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17.37.020 OF THE CENTRAL POINT MUNICIPAL CODE RECITALS: 1. The City of Central Point (City) is authorized under Oregon Revised Statute {ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. 2. Pursuant to authority granted by the City Charter and the Oregon Revised Statutes, the City has determined to amend Section 17.37.020 the Central Point Municipal Code, 3. Pursuant to the requirements set forth in CPMC Sections 17.05 and 17.10, the City has conducted the following duly advertised public hearings to consider the proposed amendments: (a) Planning Commission hearing on February 3, 2009. (b) City Council hearing on February 26, 2009. NOW THEREFORE, THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. At its public hearing on February 26, 2009, the City Council reviewed the City staff report, received the findings of the Central Point Planning Commission, and received public testimony from all interested persons. Based-upon all of the information received the City Council adopts the findings and conclusions set forth in the staff report dated February 26, 2009, and based upon the same, the City Council finds that there is sufficient public need. and justification for the proposed text amendments, and the proposed amendments are hereby adopted entirely. Section 2. Section 17.37.020 of the Central Point Municipal Code is hereby amended to read as follows: 17.37.020 Permitted uses. The following uses are permitted in the C-2(M) district:. A. Professional and financial, including: 1. Hospitals; 2. Health care facilities required to be licensed by the state of Oregon; 3. Professional medical offices; and ~1. Medical services, clinics and laboratories. B. Personal services when the primary use is in conjunction with related health care facilities in the zone, including: 1. Barber and beauty shops; 2. Counseling services; and 3. Day care centers. C. Retail outlets, when such uses are in conjunction with health care facilities located in the area, 1 -Ordinance No. 4 ~:~ ~ 1 ~ ~. .r. including: 1, Drugstore; 2. Health food; 3. Gifts, notions and variety; 4. SitMdown restaurant; 5. Delicatessen, pastry, confectionery, bakery; 6. Jewelry; and 7. Books and stationery. D. Residential purposes, when developed to the standards,~f the TOD-LMI2;,._L ow Mix Residential district as set forth in Chapter 17.65. 9 • , . , Section 3. The City Administrator is directed to conduct post acknowledgement procedures defined in ORS 197.610 et seq. upori adoption of the changes to the municipal code. PASSED by the City Council and signed by me in authentication of its passage this day of 2009. Mayor Hank Williams ATTEST: City Representative Approved by me this day of , 2009. Mayor Hank Williams 2 -Ordinance No. Ordinance Amestdiasg Chapter i .08 =azitiatives and Re~eresadums .~~. _~ Staff Report (:ityd, ~~~TRAL.._.-_- --. PoiNT (~1"C:~iOEl Administration Department Phil Messina, City Administrator Deanna Casey, City Recorder TO: Honorable Mayor and City Council FROM: Phil Messina, City Administra#or SUBJECT: Initiative and Referendum procedures DATE: March 12, 2009 Currently Chapter I,08 is vague when it explains procedures for initiative and referendum procedures. The only requirement the City currently has is that the chief petitioners are Central Point residents. The recommended ordinance will update the Central Paint Municipal Code by: • Requiring chief petitioners to be city electors. • Setting clear guidelines for submitting a prospective petition for initiative or referendums. • Clarifying the amount of signatures required, and requiring verification of signatures within 100 days of obtaining that signature. This keeps the signatures current and does not allow for prospective petitions #o be drawn out over time. • Requires a deposit of-$500 to be held by the City. If the measure passes the deposit will be returned to the chief petitioner. If the measure fails the deposit will. be used to help pay, for the cost of the election. This provision is made far the purpose of preventing the depletion of City funds by election on matters in which the public is not interested and which have no merit. • Elections will be held in May ar November. This helps with the cost of elections. These are the two most Gammon election dates in a year. If other jurisdictions hold an election the cost is divided between those that cause the election. The Council has the ability to call a special election at their discretion. • Any item not specifically covered by this ordinance is covered by the Secretary of State Election guidelines, This is art administrative ordinance and is not required by state to be a public hearing. RECOMMENDATION: Motion to pass to second reading An Ordinance Amending. Central Point Municipal Code 1.08 Pertaining to Initiative and Referendum Procedures. ~ , ~; a 2 ~. !' . , ORDINANCE N0. AN ORDINANCE AMENDING CENTRAL P01NT MUNICIPAL CODE 1..08 PERTAINING TO. INITIATIVE AND REFERENDUM PROCEDURES WHEREAS, the initiative and referendum powers are reserved to the people by the terms of Article IV, section 1 of the Oregon Constitution as to both state and municipal legislation; and WHEREAS, Article IV, subsection 1{5) provides that municipalities such as the City of Central Point may provide for the manner of exercising the initiative and referendum powers to municipal legislation; NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF TI,1E CITY OF CENTRAL POINT; OREGON, AS FOLLOWS: Section 1 Central Paint Municipal Code Section 1.08 pertaining to initiatives and referendums, is hereby amended to read as follows: Chapter 1.08 INITIATIVES AND REFERENDUMS Sections: 1.08.010 ~eee~e Sta#e and Municipal Law -Applicability 1.0$.020 Prospective Petition L08.030 Ballot Title; Appeal 1.08.040 Petition Requirements 1.0$.050 Signature Requirements 1.08A60 Deposit required 1.08.070 Voting on Measures 1.08.080 Notice of Election 1.08.010 State aad Municipal Law ~- Anulicabili A. In all matters relatipg to the procedure under the initiative or referendum not covered by this chapter, the City Charter and the laws of the State shall apply, except that the Issuance and printing of the voters pamphlet shall not be required on the part of the City. 1.0$.020_ Prospective Petxtgn A. Nn petition for initiative or referendum filed with the city shall be valid unless all chief petitipners are city electors of Central Poin# at the time of #lling aad remain city electors through the entire process, including the election. 1-- drdinance No. (031209 .w ~ k costs. If any balance remains after payment of such election ezpense, the balance shall be returned to the chief petitioner. In the even# any Bach initiative or referendum measure is enacted at the election held, the entire amount of such deposit shall be returned to the chief petitioner, and the expenses of such election shall be paid from the general fonds of the City. B. This provision is made for the purpose of preventing the depletion of City funds by elections an matters in which the public is not interested and which have nu merit. 1A8.070 Votin on Measures. A. Except as provided in subsection (B) or unless an earlier special election is approved by Council, the time for voting an a measure shall be the next May or November regular ar special election date more than 60 dais after the measure qualifies for-the ballot. A measure qualifies for the ballot when properly certified according to the laws of the Secretary of State, or when the city council has voted to submit an.initiative or referendum to electors. B. The council may call an emergency election for a measure and set the date for it as provided by QRS 221.230. 1.0$.0$0 Elec `on Noti a and exults, A. The city recorder shall give notice of all elections in accordance with the requirements of sta#e law. B. The city recorder must certify the election results to the council a# the first council meeting after the results are certified by the county clerk. C. A measure adopted by-the electors takes effect 30 days after the election unless the measure expressly provides a different effective date. Section 2 This ordinance shall be effective 30 days after its passage by the City Council and signatwre of the Mayor. PASSED by the City Council and signed by me in authentication of its passage this __~~_____ day of , 2009. Mayor Hank Williams ATTEST: City Representative Approved by me this .day of __ , 2009. Mayor Hank Williams 3 -Ordinance NQ. _ __(035249} ~ p ~_7 Piasasaisag Commission Report for 03/03/09 c~~yor Matt Samitore, lnferlm Director Planning Depa-'tmen# Don Burt, Manager _-_--.-- ----_-_-_. _.___._. -~ -_ __--___ _----- -- --- .CENTRAL._~-_.-------- -----------------------~---. ___.-__-__ _- ------ POI NT Ore:~or~ Staff Report PLANNING DEPARTMENT MEMORANDUM Date: March 5, 2009 To: Honorable Mayor & Central Point City Council From: Matt Sarnitore, interim Community Development Director Subject: Planning Commission Report A. File No. 0900411. A public hearing to consider Determination of Similar Use in accordance with Section 17.60.140 of the City of Central Point Municipal Code. A Determination of Similar Use occurs when the Planning Commission considers whether a proposed use that is not listed as a permitted use in the zoning ordinance is "similar" to a use that is listed in the zoning ordinance. The purpose of this hearing is to decide if Membership Warehouse Clubs are a similar use to those uses currently allowed within the M-1 Industrial Zoning District. City staff prepared findings of fact for approval of the similar use determination. Planning Manager Don Burt did an extensive presentation on the six criteria that had to be met in order to determine similarity. Several affected agencies commented including ODOT, Jackson County, City of Medford and DLCD. The Planning ,Commission agreed with staff s fmdings with the addition that section 17.05.900 of the municipal code be amended regarding traff c impact studies to be compliant with the Transportation Planning Rule and ODOT policies. The motion was approved by a 5 to 1 vote. B. Discussion Items. Staff gave updates to the Planning Commission on the Wilson Road RPS Planning and the Rogue Valley Corridor Plan. ODOT gave the Planning Commission an overview of the Exit 35 Interchange Access Management Plan and introduced the Exit 33 Access Plan.. C. Miscellaneous. There were no miscellaneous. items. -.... . - - 940 South Third Street ®Central Point, OR 97502 •547.664.3329 • Fax 54.664.6384 ~~J