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HomeMy WebLinkAboutCAP100809Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingier Ward II Mike Quiliy Ward III Matthew Stephenson Ward N Allen Broderick At Large Carol Fischer Kay Harrison Administration Phil Messina, City Admuustsator Community Development Department Tom Humphrey, Director Finance Department Bev Adams, Director Parks and Recreation Department Matt Samitore, Manager Police Department Jon Zeliff, Chief Public Wotks Department Bob Pieree, Director C~'Y F CENT' P T City C®nci eetin agenda cto er i3, 2009 Next Res. 1226 Next Ord. No. 1931 I. GI.TL E'I'ING CALLED ~'® EIS - 7:00 P.M. II. PLEDGE OI+` ALLEGIANCE III. ROLL CALL IV. SPECIAL P SEN'TA'TION A. American Society of Crime Laboratory Directors /Laboratory Accreditation Board official accreditation certification. V. P LIC APPE CES CONSENT AGE A A. Approval of September 24, 2009, City Council Minutes I1'ElVIS MOVED ItOl~ CONSENT AGE A VIII. P LIC G, O ANCES, SOLBJTIONS Page 1 - 8 A. Resolution No. , A Resolution Accepting. Donation of Skyrlnan Property to the City of Central Point for Park Purposes (Samitore) 9 - 18 B. First Reading, An Ordinance Adding Chapter 5.42 to the Central. Point Municipal Code for the Purpose of Requiring Permits for Special Events (Samitore) IX. ~ITSIAlESS --- A. Planning Commission Report (Humphrey) C®ITI\1CII, SUS SS Y®Ia'S T XII. CITY IST T®I~'S PI2T XIII. C®iTl~1CII, PITS XIV. I)EP T 1~1T P®ItTS XV. EXECiJTIVE SESSI®~T 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 the proceedings of an executive session are not for publication or broadcast. XVI. J®U leTT i %_~~ -- _ z _ j_ ~ --,~, ;. ~~ ~~ i a , ~~ ~ ~ ~ <i CI F CF TRAL PINT City Council eating inutes September 24, 2009 I. EGIJLAR .FETING CALLE T® R Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE F ALLEGIA CE III. RLL 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; Community Development Director Tom Humphrey; Police Chief Jon Zeliff; Parks and Recreation Manager Matt Samitore; and Planning Secretary Didi Thomas were also present. IV. P!1 LIC APPEA A CES - one V. C® SE T AGE A A. Approval of September 10, 2009, City Council Minutes ike uilty made a motion to approve the Consent Agenda as presented. Allen Broderick seconded. Roll call: Allen Broderick, yes; Bruce Dingier, yes; Carol Fischer,. yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. VI. ITE S RE VF FR C SE T ADENA -None VII. SPECIAL PI2ESENTATI - ATTLE THE ®NES -Final Report Matt Samitore, Parks ~ Recreation Manager, presented a recap of the Battle of the Bones Barbecue, Mcrobrew and Music Festival that was held in Twin Creeks, September 12 - 13, 2009. Mr. Samitore stated that there were many small issues that were resolved since last year's event and a lot was learned this year. Mr. Samitore expressed staff's desire to continue the event annually as a non-sanctioned function with free entry, an enhanced kid zone, more signage and other minor changes to ensure continued success.. Commissioners all agreed that. the event was very successful and offered a few suggestions for next year with regard to the sale of BOB bucks, orientation. of vendors, longer tastings, additional volunteers, amore comprehensive coverage of judging and the inclusion of forks for tasting. Matt Samitore added that he would be meeting with the Jackson Oaks Homeowners Association to enlist their support for future events in the park at City of Central Point City Council Minutes September 24, 2009 Page 2 Twin Creeks and to iron out any issues which might have come up with regard to the event. Parks ~ Recreation Manager Matt Samitore presented a staff report to Council on the proposed addition to the City's municipal code of an ordinance to cover special events and a proposed permitting process. With the addition of several new parks in City limits, the volume of special events (birthdays, weddings, family get-togethers, etc.) has increased to a point where it is necessary to set some limits and establish a permit process to avoid conflicts and' provide some cost recovery to the City. Mr. Samitore advised that staff was working on a handbook and a fee schedule to be presented. to Council at a later date. Commissioners provided comments on the proposed ordinance to incfude adding minimums to the number of persons that constitute a "block party", establishing priorities with permits for events in parks to avoid conflicts with scheduled City sponsored. events, be more specific about the provision of alcohol in City parks, and amplification issues with. block parties. Chief Zeliff stated that with an ordinance in place, the police department would know about the events prior to their taking place and. would be able to meet with the principals who are doing the organizing and settle any foreseeable issues ahead of time. Matt Samitore offered that staff would make revisions to the proposed ordinance and bring it back for a first. reading.. IX. IJSI ESS ® ®ne X. C!! CIL IJSI ESS Carol Fischer asked if there was anything in current code that allowed for hardship cases, particularly the matter of people living in motor homes on someone else's property. Community Development Director Tom Humphrey advised that there is a provision in code for this type of situation when caring for an infirm family member. Kay Harrison thanked the Public Works Department for adding additional striping at Don. Jones park. City of Central Point City Council Minutes September 24, 2009 Page 3 XI. l(R'S ERT Mayor Williams reported. that he: ® Attended the Dare Cruise ® Attended an invitational University of Oregon football game in Eugene ® Attended. Battle of the Bones ® Attended an FFA cruise in Twin Creeks XI1. CITY 1 ISTRYR°S REP®RT City Administrator Phil Messina reported that. he had attended a meeting of the Public Safety Coordinating Council, toured the transitional facility in Talent, and received: an update on the H11V1 virus. Mr. Messina also attended Battle of the Bones and announced that next week he would be attending the League of Oregon Cities conference. XII1. C®llNCIL REPORTS Council member Bruce Dingier reported that he: ® Attended Battle of the Bones Council member Carol Fischer reported that she: ® Attended the RVTD ride event Council member Allen Broderick reported. that he: ® Attended Battle of the Bones Council. member Kay Harrison reported: that she: ® Went to Peru on vacation ® Attended a Fair Board. meeting ® Attended an RVSS meeting ® Attended the RVTD ride event and a subsequent Board meeting. RVTD is proposing to reinstate Route 4 as part of their service to Central Point ® Attended a Bear Creek Greenway meeting and reported that volunteers from Cascade Christian. and. the LDS church had been clearing brush Council. member Mike Quilty reported: ® Rogue Valley Transportation District was looking for a stable source of funds to get Route 4 going again ® Attended an STIP meeting in Salem ® Attended an OFAC Advisory Committee meeting XIV. E T EN°f RER°fS Community Development Director Tom Humphrey advised that he attended an Oregon Planning Institute conference in Eugene and attended a seminar which explained ODOT's hierarchy of planning projects and toured the new Wildish City of Central Point City Council Minutes September 24, 2009 Page 4 Theater in Springfield. Mr. Humphrey explained that Springfield is establishing a separate identify from Eugene and is redeveloping their downtown. Mr. Humphrey added that there is a lot of pride in their community. Tom Humphrey made a presentation at the conference on the nuts and bolts of implementing a transit oriented development district in a community.. Mr. Humphrey and Don Burt, Planning Manager, met with ODOT and representatives of David Evans ~ Associates to discuss IAMP 35 and informed. Council. m$mbers that the second phase of the interchange will incorporate projected land uses of the RPS in the redevelopment of the interchange. They will make a presentation to the Citizens Advisory Committee later this Fall on proposed eastside development plans and the City of Central Point wil'I revisit its Transportation System Plan following that meeting. Mr. Humphrey added that plans continue for a pedestrian crossing at the intersection of Vilas and' Hamrick Roads and that he and Chris Clayton. are continuing to work on the railroad connection.. Chief Jon Zeliff distributed samples of gang graffiti to Council members and advised that the graffiti represented communication between gangs and provides the police department with insights to potential concerns with gang activity in the area. Parks ~ Recreation Manager Matt Samitore advised that the water park in Don Jones Park would be turned off on Tuesday, September 29. XV. EXECUTIVE SESSIN -None I. JU ENT Mike Guilty moved to adjourn. Allen Broderick seconded. All said "aye" and the Council' Meeting was adjourned at 8:10 p.m. The foregoing minutes of the September 24, 2009, Council meeting were approved. by the City Council at its meeting of , 2009. Dated: Mayor Hank Williams ATTEST: City Representative ~. ~ _ ~ ~ ~ ~ ~ , ,, r~ f ~ ~ ~ _ ~ ~ r` ~~ Matt Samitore, Manager STAFF REPORT ®ATE: SEPTEM$ER 29, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL FR® MATT SAMITORE, MANAGER SUBJECT: Agreement for alife-deed with Mr. Wally Skyrman for dedication of his property for a public park. SUMMARY: Gity Parks & Recreation staff has been meeting with Mr. Skyrman for over two years discussing the possibility of having a public park on this property, located at 4588 North Pacific Highway, Central Point, OR 97502. The property is located to the North of the Oregon State Police substation on Highway 99w. The Property has been in his family's ownership for over 85 years and is home to two homes and several outbuildings. The uniqueness of the property is that one of the two buildings was made with all local lumber, tongue and groove and would be great for a meeting room. Secondly, the property has an abundance of large trees. At one point the 1.45 acre site had almost every variety of native Oregon tree's on it. Today, many remain. One of the pine trees is a heritage tree, meaning it's the largest of its kind in the state. Mr. Skyrman would like the property to be developed in the future for educational purposes including the installation of a new arboretum, community gardens and community classes focusing on trees and environmental education. Mr. Skyrman's brother is a retired landscape architect with the National Parks Service and has volunteered to prepare preliminary drawings on the park. A first-draft is attached to the packet. Development of the park will come in future years through a combination of fund-raising, system development charges and in-house park staff. RECOMMENDED MOTION: Make a motion approving the resolution for the life-deed and allowing the Mayor and a Public Notary to visit Mr. Skyrman at his property to sign and notarize the deed. 140 S. Third Street ~ Central Point, OR 97502 ®541.664.3321 « Fax 541.664.6384 RESOLUTION NO. A RESOLUTION ACCEPTING DONATION OF SKYRMAN PROPERTY TO THE CITY OF CENTRAL POINT FOR PARK PURPOSES Recitals 1. Wally Skyrman of 4588 North Pacific Highway, Central Point, Oregon, wishes to donate his property and associated... buildings to the City of Central Point, on certain conditions., for the establishment of a public park for recreational and education purposes. The property consists of approximately 1.45 acres located on the north side of the Oregon State Police building on Highway 99; 2. Mr. Skyrman and the City have agreed to execute a Warranty Deed, a copy of which is attached hereto, marked Exhibit "A", conveying the property to the City under certain terms .and .conditions;_and 3. The City wishes toacceptthedonation under the agreed-upon conditions. NOW, THEREFORE, BE IT RESOLVED that the Mayor, on behalf of the City, is hereby authorized to sign the Warranty Deed With. Reservations of Life Estate and Conditions, accepting donation. of the Skyrmanproperty on the...terms and. conditions contained therein. Passed by the 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 J _ F~ UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL. BE SENT TO THE FOLLOWING ADDRESS: City of Central Point 140 S. Third Street Central Point, OR 97502 AFTER RECORDING RETURN T0: City of Central Point 140 S. Third Street Central Point, OR 97502 ~T TY DEED ~JITH RESERVATION OF LIFE ESTATE AND CONDITIONS Wallace Martin Skyrman, Trustee of the Wallace Martin Skyrman Revocable Living Trust Dated October 20, 2008, GRANTOR, conveys and warrants to the City of Central Point, Oregon, a municipal corporation; GRANTEE, the real property described on Exhibit "A" and "B" attached hereto and by this reference incorporated herein, free of encumbrances except as specifically set forth herein. Reserving to GRANTOR the exclusive right to possess and control the property so long as GRANTOR shall live.. This conveyance is conditioned upon and. is subject to the following: 1. GRANTEE will allow a period of twelve months from GRANTOR'S death before taking possession of the property, so as 1 - W TY DEED T~ITH RESERVATION OF LIFE ESTATE AND CONDITIONS ~ ~~ to allow for removal. of personal items and sheds from the property. 2. The property may only be used by GRANTEE as a botanical garden or arboretum, with emphasis on plant identification, propagation, trial plots and general horticultural studies. 3. GRANTEE will make diligent effort to obtain adjacent properties for the purpose of parking and arboretum expansion. If that is not possible, GRANTEE will pursue a use agreement for weekend arboretum parking at either the adjacent Oregon State Police or nearby Teamsters Hall. 4. The Skyrman family house at 4588 N. Pacific Highway, Central Point, shall be retained for use as an office, conference area, storage, etc. If this is found to be impractical, GRANTEE shall allow relocation of the house to individuals listed by GRANTOR. 5. GRANTEE shall consider forming an arboretum advisory group to aid in the development, operation and maintenance of the property, with the hope that county, state and federal agencies may take a participatory role in the use of the arboretum. 6. GRANTEE agrees to comply with the above conditions. If any of the above conditions are ever violated, GRANTEE shall 2 - WARRANTY DEED WITH. RESER~7ATION OF LIFE ESTATE AND CONDITIONS _, _, ... ,(a. relinquish ownership of the property and transfer the property and all fixtures thereon to Oregon Community Fund, Skyrman Techno Fund. The consideration for this conveyance in actual money is $0. GRANTOR is conveying the property based on GRANTEE's promise to use it for park purposes in perpetuity. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301, AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 and 195.305 to 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. GRANTOR GRANTEE CITY OF CENTRAL. POINT, OREGON By Wallace Martin Skyrman Mayor Hank Williams Trustee of the Wallace Martin Skyrman Revocable Living Trust Dated October 20, 2008 3 -WARRANTY DEED WITH RESERVATION OF LIFE ESTATE AND CONDITIONS / J ~. STATE OF OREGON ) ss. County of Jackson } On this day of 2009, personally appeared before me Wallace Martin Skyrman, Trustee of the Wallace Martin Skyrman Revocable Living Trust Dated October 20, 2008, and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ss. County of Jackson ) On this day of 2009, personally appeared before me Hank Williams, Mayor of the City of Central Point, Oregon, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point, Oregon. Notary Public for Oregon My Commission Expires: 4 -WARRANTY DEED WITH RESERVATION OF LIFE ESTATE AND CONDITIONS ., S R N LIFE E~1'ATE ~E~~IPI'I~N SHEET All that real property being located in the Northwest One-quarter of Section 3, Township 37 South, Range 2 West: of the Willamette Meridian, Gity of .Medford,. Jackson County, Oregon:, as .depicted on Survey Number 20332, filed in the office of the Jackson County Surveyor, more particularly described as follows: Commencing at the North One-Quarter corner of said Section 3; thence along the North-South centerline of said Section 3, South 00°16'50" East, 2.025.84 feet to the northeast c©rner of Parcel No. 2 of Partition Plat No. P-95-1993 of the Records of Partition Plats, Jackson County,. Oregon, .and filed as Survey :Number 13716 in the Office of the Jackson County Surveyor; thence along the northerly boundary of said partition plat, West, 273..02 feet o a 578 inch iron pin; thence along the boundary of Parcel No. 1 of said partition plat, South. 01°11'03" West; 2.:86. feet to a 578 inch: iron pin, being the beginning. oi: the boundary agreement line described in I strument No. 98-037025, Official Records of Jackson County, Oregon; (hence: continue along said boundary agreement line, South 55°07'34" We t, 0.69 feet to a 518. inch :iron pin. and the True P~iint of Beginning; thence continue along said boundary agreement line. South 55°Q7'34" West, 474..25 feet to a 578 inch iron pin, being a point on fhe northeasterly .right of way line of tJ.S. Highway No. 99; thence :along. said right of way, North 35°08'30" West, 169.41 feet to a 578 inch iron pin, being a point on the boundary agreement Tine described in Instrument No. 99-025600, said official records; thence leaving said right of way along last: said boundary agreement line, North 54°40'18".East, 128.47 feet to a 518. inch. pin; thence continue-along las# said boundary agreement line, North 35°43'23" West, 70.61 feet to a 5/8 inch pin,. being a point on the boundary agreement line described in instrument i~o. 99-025597, said official records;. thence along fast said boundary agreement line.., South 89°54'17" East, 135..:12 feet to a 518 inch pin; thence continue along [ast said boundary agreement Jne North 89°45'06" East, 287.89 feet. to the True Point of Beginning. The resulting tract contains 1.45 acres, more or Less.. Basis ;of Bearing for this description is Survey Number 20332 as filed In the Office- of the Jackson County Surveyor. Prepared By: Neathamer Surveying, (nc. 3126 State Street, Suite 1.00 PO Box 1584 Medford, Oregon 97501 Phone: (541) 732-2$69 FAX: (541) 732-1.382. Projecf Number 09002-D Date: October 1, 2009 REGISTERED P~aF~S~it~f~1~.L LA~fC} ~Uf~V~YC~ `. 5KYI~AIAN LIFE ESTATE Located In the Northwest One-quarter of 5ectlon 3, Township 37 South, Range 2 west of the Willamette Meridian, Jackson Govnty, Oregon. PREPARED F®Ft: CfAy of Central Point , ~ - . - - i~o s ~b~a st ~' DETAIL ~ ` Central Point, OR 87502 i ~ ~ NOftTH 1/4 CORNER ~ ~ NOT TO SCALE ~ OF SECTION 3 / ~ / VAST \\ ~ POINT OF ~ _ ~ ! BEGINNING --5D0'11'03"E t ! 2.8b' I I I 584°45'Ob"W ~ j O I 555°0"1'34"W 1 I °~ O.b9' t. o \~\ ~°C~~ ~ I !h ~~ /~ ~I ~ ~ ~ ~ ~ ~ ~ BOUNDARY AGREEMENT LINE PER. INST. N0. 99-025597..,:. wesT 2~3.oa' yea°54'n">= 135.1a' N~°45'ob">= aei.ea' ~- °43'a3" ~o.bl' ~,~ BOUNDARY AGREEMENT LINE ~10~5 \~~\,~• PER INST. N0. 99-025600 0 9~~0 PAR p j95-0993 N0, ~° ~ S/N 20332 ~.~k~ ~r1~~ ~ PARCEL N0, 1 ~~~ ~~~ '~~, ~O I l li C.j e~ Q~~ 37 2VJ 038D ~°~^'~ ~~ ~~F' Tax Lot. 800 PG~~~~ ' o~~oP~~t LEGEND ~~ e Indicates a 5/8 Inch Iron pin. per 5/N 20332. 5/N Indicates a survey filed number in the office of the Jackson c9~ J~C~lL~'" ='®®' -a --~ ~--~ --~ '' _~,-` - ~ ~ -~ ~ ~~ _ ~~ ~ i 1 1 ~~~ ,~~~~ ~~~ `l_~,i -~ ~ - ~-~. i~ ,~ ~ -~,, _-_i -~ ~-- `I~ ,~ ~ ~~ 1 .. _ Matt Samitore, Manager ST,~FF REP®RT ®TE: OCTOBER 1, 2009 T®: HONORABLE MAYOR AND CITY COUNCIL FR® MATT SAMITORE, MANAGER ~ACI~G12®IT1~I~ Expansion of the City of Central Point's. park system, has increased the number of special events monitored, created, and participated. in by City Staff. Historically, special events have been a difficult process to facilitate without a documented ordinance and outlined permitting process. The increased number of special events coupled with the unique size and type of events often proposed, has made it necessary to provide a written defuution of both special events and the requirements for obtaining a special events permit. PIS®I'®SAL: In an effort to develop a special events permit process, Staff researched the special events policies and procedures of multiple jurisdictions throughout ®regon. After examining. these programs,. representatives from various City departments were able to provide input for the development of a special. events ordinance specific to the needs of Central Point. At the September 26, 2009 City C-ouncil meeting the ordinance was brought forward to the Council. for review. There was discussion on clarifying section sections regarding neighborhood block parties, park system reservation, City of Central Point sponsored events, priority of the reservation system and council review. Staff has made all the changes discussed at the last meeting into the revised ordinance. If the Council approves the first reading. of the proposed ordinance; Staff will prepare a City of Central. Point Special Event Handbook. and Fee Schedule to be considered at the second reading. 140 S. Third Street Central Point, OR 97502. ~ .549.664.3321 Fax 541.664.6384 i C®1~1V1[EI~DATION: 1. Approve the first reading of the proposed special events ordinance. 2. Direct Staff to develop a Central. Point Special Events Hand Book (second reading). 3. Direct Staff to develop a formal special events fee schedule resolution (second reading). 140 S. Third Street Central Point, OR 97502 a 541.664.3321 Fax 541.664.6384 ;, .~ `~: Chapter 5.42 SPECIAL EVENT PERMITS Sections. 5.42.010 Definitions 5.42.020 License Required 5.42.030 License Application and Fee 5.42.040 Review, Cost Analysis, Insurance and Issuance of License 5.42.050 Standards for Denial of License 5.42.060 Save Harmless Agreement 5.42.070 .Limitation of Liability 5.42.080 Public Announcements Required 5.42.090 Security, Sanitation and Clean-up 5.42.100 Revocation of Special Event License 5.42..110 Appeal Procedure 5.42.120 Community Events/ Extraordinary Charges Waivers 5.42.010 ®efiniti®ns. "Administrator" means the. City Administrator or the Administrator's designee. "Neighborhood Block Party" means a special event involving the closure of no more than one block of a public local street and a gathering of at Feast 20 people, with a maximum of 150 people. If more than 150 people are anticipated to attend a special event permit shall be obtained. A block party permit shall be required which shall be issued in accordance with Section 5.42.130. "Special Event" means any activity that occurs upon private or public property and that will affect the ordinary use of public property, public streets, rights-of- way or sidewalks, or will require the City to incur extraordinary costs for personnel, materials, and service. An activity will be considered to affect the ordinary use of public property, public streets,. rights-of-way or sidewalks if it will generate impacts greater than the impacts generated. from the normal and customary use of such property, parks, streets, rights-of-way or sidewalks.. 'Impacts may include such things as an increased volume of vehicular or pedestrian traffic, trash, noise :and refuse and as a result may generate the need for traffic control, security, trash disposal, sanitation, sewage disposal, fire Page 1 Qrdinance No. (10/08/2009) -., ~... ~. protection or other services. A special event. includes, but is not limited to, fairs, art shows, hobby shows, flea markets, and educational or cultural events, festivals, and block parties. Demonstrations .and .other Lawful assemblies, including but not limited to private social. gatherings, birthday parties or any other lawful gathering of people, that will make no use of City streets or rights-of-way other than. for lawful parking, are not included .and shall. not be required to obtain a permit. 5.42.020 License Required. A. Flo person shall establish, maintain or operate a special event within the City unless a license for the event is obtained from the City. Every place or building where a special event is held, whether for hire or not, shall be deemed a special event subject to the provisions of this chapter. Each licensee shall meet the standards set forth in this chapter and Code Section 5.04.095. B. If the special event is to include a parade, then a parade permit shall also be obtained in accordance wi h Code Section 10.04.220. C. The City may require other licenses or permits if the special event will include other activities requiring permits or licenses under the .applicable sections of the Code. The sponsoring organization shall be responsible for compliance with any federal, state, or local laws or regulations including, without limitation, those .that pertain to public health. and safety. D. The granting of a special event license shall not relieve any person of the responsibility to satisfy all code requirements regarding the manner. in which the special event is conducted. E. Existing special events and events organized or sponsored by the City of Central. Point, shall have the first. choice of .public facilities and. for scheduling of the days. of the event. F. If more than one application has been made for a special event at .the same location at the same time, the. applicant who has.: submitted their application first shall have the first right. to use the facility. 5.42.030 License Application .and Fee. A. An application for a special event license shall be submitted to the Administrator, or his/her designee, on a form supplied by the City. The application shall be submitted not less than 30 days prior to the proposed .event. The City may accept .applications less than 30 days of the event (at the sole discretion of the. City) upon good cause shown. If the City accepts an application less than 30 days before the scheduled event, the applicant waives ali time periods and appeal rights referenced in this chapter. Applicants may file an application as early as eighteen months in advance of the date Page 2 Ordinance No. (10/08/2009) desired by the applicant. B. Each application submitted shall be evaluated on its own merits, and there shall be no presumption: that special even#s occurring annually or otherwise periodically will qualify for a subsequent special event .license, except as may otherwise be authorized by Section 5.42.030.H. C. The application shall be completed in its entirety by the applicant prior to any review of it. Additional information .may be required by the City. D. If the sponsoring organization is a tax exempt organization under Section 501 of the In ernal Revenue Code, no special event license fee shall be required unless one or more temporary booths,. stalls or vendors participating in the special event is a business as defined in Section 5.04.010 of the Code. A sponsoring organization under this subsection D shall be responsible for any extraordinary personnel materials and service charges determined in accordance with Section 5.42.040. E. The sponsoring organization may request as part of its application that it be granted an exclusive right o designate vendors or concessionaires who .may operate within the defined venue of the special event. f. The license fee shall be determined by resolution. G. Any facilities or structures to be constructed or erected in conjunction. with the special event. shall comply with. all applicable federal., state or Local laws, regulations,. codes and ordinances. H. Nothing contained. in this section. shall limit the authority of the Council to enter into multi-year contract with. tax exempt organizations to conduct a special event, subject to the terms and conditions of .any such contract. 5.42..035 Extra®rd'onary I'ers®nnel, aterials and Services Charge. The sponsoring organizations shall be .responsible to the City of the sum total of the costs related to the management by the City of the special event that is in excess of the ordinary management costs,of the City for the ordinary and .usual use of :public property, parks, public streets, rights-of-way and sidewalks. The extraordinary personnel, materials and services charge does not include the nonrefundable application fee. 'The extraordinary personnel, materials and services charge shall be calculated pursuant to the procedures described in Section 5.42.040. 5.42.040 I~evievv, C®st Analysis, Insurance and Issuance ®f License. A. Upon receipt of an application; the Administrator shall route :copies of the completed application to the following departments for review, comment and any proposed conditions: Administration, Finance, Community Development, Parks and. Recreation, Police and Public Works, Page 3 Ordinance No. (10/08/2009) ,~- ~~ B. The Administrator shall review the application for evidence of sufficient insurance, if needed ..for the event, .and shall require additional .insurance for the proposed special event as the Administrator determines is :.reasonable and necessary. Any such insurance shall name the City as an .additional:.-insured. The insurance requirement shall be set by the Administrator during the application review process. C. If alcoholic beverages will be available at other than regularly licensed and permanently located establishments, the applicant shall be required to obtain required federal, state, or local permits or licenses and additional insurance to that otherwise required, and in an amount to be determined and set by the Administrator during the application review process. D. Each: department shall determine .the departmental activity, if any, required for the special event and shall itemize the projected extraordinary expenses that the City will incur for the departmental activity that is in addition to the expenses incurred for the management of the ordinary and usual uses of public property, public streets, rights-of- way or sidewalks. The itemized extraordinary expenses shall include but not be limited to the expenses incurred. in connection ..with providing traffic control, security service, signage, on-call first aid,. street cleaning, litter. pick up, .adequate .sanitation maintenance or personnel services. Costs shall only reflect those activities related to management of extraordinary use of the public property, public streets, rights-of-way or sidewalks, The extraordinary personnel, materials and services charge shall be tha sum of each. department's costs. E. The review and cost analysis estimate shall be completed within 30 days of the receipt of a completed. application by the Administrator. A written notice of this estimate shall be provided to the applicant. F. Unless additional conditions. need to be satisfied or the application is denied, the written notice to the applicant shall. include a notice of the estimated amount of the calculated extraordinary personnel, materials and services charge.-This amount shall be deposited. with the City prior to the issuance of a special events license. G. Within 1 O days of the conclusion of the event, the City .shall mail the: actual personnel, materials -and sen/ices charge by certified mail to the applicant. All extraordinary personnel, materials and services shall be paid by the applicant within 30 days following the event. To the extent that the amount deposited by the applicant exceeds the actual charges, any excess shall be refunded to the applicant within 30 days following. the event. H. All special event permits shall be temporary and do not vest any permanent rights. Each special' event permit shall indicate the period of time :for which the permit is valid. 5.42.050 Standards f®r ®enoal ®f License. Page 4 Ordinance No. (10/08/2009) -:; ~..:y A. Reasons for denial of a special event permit include: 1. The event alone or as a result of any other special event(s) scheduled on the same date or time will disrupt traffic within the City beyond practical solution; 2. The even alone or as a result of any other special event(s) scheduled on the same date or time will interfere with access to fire stations or fire hydrants; 3. The event alone or as a result of any other special event(s) scheduled on the same date or time wilt cause undue hardship to .adjacent .businesses, public buildings or residences, 4. The event alone or as a result of any other special event(s) scheduled on the same date or time will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the City; 5. The application contains incomplete or false information; 6. The applicant fails to comply with all terms of this chapter including but not limited to failure to satisfy additional conditions established during the departmental review process, failure to remit all fees, or failure to provide proof of insurance, and a save harmless agreement to the City, failure to obtain and .provide. to the City copies. of required federal, state or county permits; or 7. The applicant fails to pay the extraordinary personnel, materials .and services charge for a prior special event. B. If a license is denied, the Administrator shall notify the applicant of the denial. by certified mail that contains a summary of the appeal procedures found in this chapter. C. The City shall approve or deny a license within 60 days of receipt by the City of a completed application. Failure to approve or deny a license within 60 days shalt be deemed to be approval of the application. 5.42.060 Save Harrraless Agreement. Every applicant shall be required to provide a save and. hold harmless agreement on a form supplied by the City in which the applicant agrees to defend., pay, save anal hold harmless the City, its officers and employees, from any and. all claims or lawsuits for personal injury or property damage arising from or in any way connected to the special event,. except any claims arising solely out. of the negligent. acts of the City, its officers and employees. 5.42.070 Limitation of Liability. This chapter shall not be construed as imposing upon the City or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the u e for which the permit has been issued. The. City and its officials and employees shall not be deemed to have assumed any liability responsibility by reasons of inspections performed the issuance of .any permit, ar the approval. of any use of the right-of-vvay. 5.42.080 Public Announcemen s Required. The Administrator may require the applicant to specifically notify and inform private property and business owners who might be inconvenienced or affected. by the special event. The Administrator: may also Page 5 Ordinance No. (10/08/2009) .; require the applicant to publish announcements of the special event prior to the event. All costs associated with informing and announcing the special. event shall be paid by the applicant_ 5.42.090 Secaarity, Sanitation and Clean.-up. A special event license may be issued only after the applicant has demonstrated that adequate security, first aid, sanitation and waste disposal. facilities have been identified and obtained by the applicant. The applicant shall clean the righ#-of-way of rubbish and debris, returning it to its previous pre-event condition, within 24 hours of the conclusion of the event. If the applicant fails to clean up the refuse, the clean up shall be arranged by the City and the costs charged to the applican . The costs shall be in addition to the amount of the extraordinary personnel, materials and services charge. 5.42.1.00 Revocation of Special Event License. A. The Administrator may revoke a special event license at any time after the special. event license has been issued. Reasons for revocation of a special event license include, but are not limited to, the following: the special event will or may create an undue hazard or public safety hazard; the application contained incomplete or false information; the applicant does not comply with all terms and conditions of the license; the applicant fails to arrange for or adequately remit aft. fees, extraordinary personnel, materials and services charge, deposits, insurance or bonds to the City; or a disaster, public calamity, riot or other emergency exists. B. There shall be no appeal of any revocation made during the special event. 5..42.110 Appeal Procedaare. Any applicant whose special. event. license application has been denied or revoked prior to the special event may appeal the decision to the Council by filing a written notice of appeal. The Council shall set a hearing date within 21 days of receiving the appeal request. At the hearing, the applicant may be heard. and present evidence in his or her behalf. The Council shalt determine whether the denial or revocation. of the permit shall be upheld. 5.42.120 Cornmaanity Events/ Extraordinary Charges givers.. A. Any applicant who believes that the special event is a community event that will significantly contribute to and benefit the Central Point 'community or are indigent applicants or applicants from nonprofit entities that qualify for tax exemption under Section. 501 of the Internal Revenue Code may appeal to the Council for a partial' or total waiver of the extraordinary personnel, materials and services charge. The applicant shall appeal to the Council,. in writing, within 10 business days of being notified pursuant to Section 5.42.040 of the determination of the calculated extraordinary personnel, materials and services charge. If the Council determines that the occurrence of the special event will .significantly and substantially benefit the Central' Point community, the Council. may waive all or part of the extraordinary personnel, materials and services charge. Page 6 Ordinance No. (10/08/2009) B. The Council shall apply the following considerations in making the determination to waive the charge: 1. Will the special event significantly and substantially benefit the Central Point community? 2. Has the applicant signed an oath of indigence? 3. Has the applicant signed an oath that the applicant qualifies for tax exemption under Section 501 of the Internal Revenue Code? C. The decision of the Council is final and binding on the applicant. The failure of the Council to grant or deny an appeal under this section within 21 days following the date on which an applicant submits its written appeal.. shall be deemed to be a denial of the waiver request. There shelf be no right to appeal the decision; provided, however, nothing in this section shall preclude a license from being denied or revoked despite a decision to reduce or waive the extraordinary personnel, materials and services charge. 5.42..130 Neighborhood Bock Parties. A. Permit Required. Persons interested in hosting a Neighborhood Block Party must submit. an application for a permit either in the form of a petition or application. The application must be submitted to the Administrator at least 30 days prior to the proposed date of the block party. There shall be no fee for the block party application or permit. B. The application shall contain th$ following information.: 1. Identify the name and address of all applicants; 2. State the purpose of the event; 3. Identify the number of participants expected. to attend.; 4. Describe what rest room facilities will' be provided; 5. Identify the portion of the local street which is proposed to be closed. A map showing the location of barricades, any stage, or any other objects or structures to be planed' in the street shall be provided;. 6. Identify the date and. hours during which the block party will be conducted; 7. Provide written consents to the block party from at least 75 percent of all residents living along. the portion of the street to be closed; 8. Indicate whether any sound amplification .will be utilized, and if so, indicate the means by which applicants will control volumes to minimize interference and disturbance of nearby residents. C. Rules Applicable to Neighborhood Block Parties. 1. No block party shall commence prior to 10:00 a.m. or continue past 1.1:00 p.m. on any day. 2. No sound amplification shall be permitted after 10:00 p.m.; 3. No block party may be held within 500 feet of any school, church, hospital, nursing home or similar operation unless endorsed by the management of such institution; Page 7 Ordinance No. (10/08/2009) .~ ~~~~_ 4. Public. rights-of-way will be cleaned and left free of litter and debris; 5. Residents consenting to the occurrence of the block party shall by their consent agree to indemnify and hold harmless the City, its officers, and employees from any and all liability or obligation, claims, Lawsuits of any kind or nature whatsoever, for personal injury or property damage related to or arising in any way from the block party or related activities;. 6. The issuance of a block party permit shall not be construed to permit or condone the consumption of alcoholic beverages on public property; 7. Public rights-of-way must remain accessible to emergency vehicles; 8. Ali Code provisions shall apply to .the block party, including, without limitation, those that .pertain to noise; The .failure to comply with any of these rules shall constitute adequate grounds upon which future applications for a permit. may be denied.. D. Permit Approval/Denial. The Administrator shall. approve or deny the block party request no later than 7 days prior to the date of the block party as set forth in the application. Any denial shall state the reasons therefore. The decision of the Administrator shall be final with no appeal available. Section 2: Thies ordinance shall be effective 30 days after its passage by the City Council and. signature of the fVlayor. PASSED by the City Council and signed. by me in authentication of its passage this day of , 2009. IVlayor Hank Williams ATTEST: City Representative Approved by me this day of , 2009.. Mayor Hank Williams Page 8 Ordinance No. (10/08/2009)