HomeMy WebLinkAboutCAP042612Central Point
City Hall
664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingier
Ward II
Belly Geiger
Ward III
Ellie George
Ward IV
1~llen Broderick
At Large
Carol Fischer
Isay Harrison
CITY OF CENTRAL POINT
City Council Meeting Agenda
Apri126, 2012
Next Res. 1331
Next Ord. No.1957
L REGULAR MEETING CALLED TO ORDER - 7:00 P.M.
IL PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC APPEARANCES
V. SPECIAL PRESENTATION
A. Fire District 3 Strategic Plan & Budget
Administration
Phil Messina, CitS~
Manager
Chris Clayton, 1~ssistant
CitS~ Manager
Deanna Casey, City
Recorder
Community
Development
Department
Tom Humphrey, Director
Finance Department
Bev madams, Director
Human Resources
Barb Robson, Director
Parks and Public Works
Department
Matt Samitore, Director
Jennifer Boardman,
Manager
Police Department
)on Zeliff, Chief
VI. CONSENT AGENDA
Pg 2 - 6 A. Approval of April 12, 2012 Council Minutes
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
8 - 10 A. Ordinance No. An Ordinance Amending
Subsections 9.68.170 and 9.68.220 and Adding
Subsections 9.68.230 and 9.68.240 of the Central Point
Municipal Code to Prohibit Nudity and Smoking in
Designated Park Areas (Boardman)
12 - 15 B. Ordinance No. An Ordinance Amending
Section 8.36 of the Central Point Municipal Code to
Provide for Clear and Concise Rules for the Skate Park
(Boardman)
17 - 22 C Resolution No. , A Resolution to Amiex 1.79 Acres Iuiown as
Skyrmaim Central Point Arboretum and park, Identified on the Jackson
Council Assessor's Map as 37 2W 03 BD, Tax Lots 700 and 800 (Humphrey)
LY. BUSINESS
24 - 25 A. Hopkins-Sandra Storm Drain Project (Boardman)
Y. CITY MANAGER'S REPORT
YI. COUNCIL REPORTS
YII. DEPARTMENT REPORTS
VIII. EYECUTIVE SESSION
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 proceediii~s of aii executive
session are not for publication or broadcast.
YIV. ADJOURNMENT
Consent Agenda
CAP042612 Page 1
CITY OF CENTRAL POINT
City Council Meeting Minutes
April 12, 2012
REGULAR MEETING CALLED TO ORDER
Council President Bruce Dingler called the meeting to order at 7:15 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Council members Allen Broderick, Bruce Dingler, Carol
Fischer, Kay Harrison and Ellie George were present.
Mayor Hank Williams and Council member Kelly Geiger
were excused.
City Manager Phil Messina; City Attorney, Paul Nolte;
Community Development Director Tom Humphrey; Police
Chief Jon Zeliff; Parks and Public Works Director Matt
Samitore; and Planning Secretary Didi Thomas were also
present.
IV. PUBLIC APPEARANCES
Mark Soderstrom came forward and advised that he was a candidate for Jackson
County Commissioner. Mr. Soderstrom stated that solar power and a Nurse
Practitioner clinic in Jackson County would be two major issues in his campaign.
He explained both of these proposals briefly, advising that the citizens of Central
Point would enjoy considerable savings on health care costs if a clinic was
opened in Jackson County. He then asked Council members to express their
support for these issues by contacting the County Commissioners.
V. CONSENT AGENDA
A. Approval of March 22, 2012 City Council Minutes
B. Approval of Bingo Applications
Allen Broderick made a motion to approve the Consent Agenda as
presented. Ellie George seconded. Roll call: Allen Broderick, yes; Bruce
Dingler, yes; Carol Fischer, yes; Ellie George, yes; and Kay Harrison, yes.
Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA -None
VII. PUBLIC HEARINGS, RESOLUTIONS AND ORDINANCES
A. Resolution No. 1330, A Resolution Approving a Telecommunications
Franchise Agreement Between the City of Central Point and
LightSpeed Networks
CAP042612 Page 2
City of Central Point
City Council Minutes
April 12, 2012
Page
City Attorney Paul Nolte made a presentation to City Council recommending
adoption of a Telecommunications Franchise Agreement with LightSpeed
Networks. The nonexclusive franchise would allow LightSpeed Networks to
construct, install, maintain, extend and operate a telecommunications utility in the
City of Central Point for a period of five (5) years at a fee equal to 7% of annual
gross revenue.
Mr. Nolte stated that this company has a good reputation. Ellie George asked if
there were any disadvantages to entering into this agreement. Parks and Public
Works Director Matt Samitore responded that some companies hire good
contractors and some don't. Mr. Nolte cautioned that Council needs to remain
competitively neutral.
Ellie George made a motion to approve Resolution No. 1330, a Resolution
to approve a telecommunications franchise agreement between the City of
Central Point and LightSpeed Networks, Inc. as presented. Kay Harrison
seconded the motion. Roll call: Bruce Dingler, yes; Carol Fischer, yes; Ellie
George, yes; Kay Harrison, yes; and Allen Broderick, yes. Motion approved.
B. First Reading of An Ordinance Amending Subsections 9.68.170 and
9.68.220 and Adding Subsections 9.68.230 and 9.68.240 of the
Central Point Municipal Code to Prohibit Nudity and Smoking in
Designated Park Areas
Matt Samitore, Parks and Public Works Director, advised Council members that
there needed to be language in the municipal code to allow for more effective
policing and management of city parks. People need to know that allowing their
dogs to run loose is not allowed, particularly in Don Jones park play areas, the
Veterans Memorial and the water park.
Mr. Samitore additionally stated that smoking in the play areas has become a fire
hazard as these locations contain wood chips and requested that Council prohibit
smoking in all areas where children play and in areas containing memorials.
Kay Harrison made a motion to move this Ordinance amending sections
9.68.170 and 9.68.220 and adding subsections 9.68.230 and 9.68.240 of the
Central Point Municipal Code to prohibit nudity and smoking in designated
park areas to a second reading. Carol Fischer seconded the motion. Roll call:
Carol Fischer, yes; Ellie George, yes; Kay Harrison, yes; Allen Broderick, yes;
and Bruce Dingler, yes. Motion approved.
C. First Reading of An Ordinance Amending Section 8.36 of the Central
Point Municipal Code to Provide for Clear and Concise Rules for the
Skate Park
Matt Samitore stated that the proposed changes to code would include removal
of the existing fence and allow for more than just skateboarders to use the skate
park. In addition, the revisions would provide the police department with
CAP042612 Page 3
City of Central Point
City Council Minutes
April 12, 2012
Page 3
additional tools that they require in order to enforce the rules within the skate
park.
Allen Broderick made a motion to move this Ordinance amending section
8.36 of the Central Point Municipal Code to provide for clear and concise
rules for the skate park to a second reading. Carol Fischer seconded the
motion. Roll call: Ellie George, yes; Kay Harrison, yes; Allen Broderick, yes;
Bruce Dingler, yes; and Carol Fischer, yes. Motion approved.
VIII. BUSINESS
A. Planning Commission Report
Tom Humphrey presented the Planning Commission report for the meeting that
was held on April 3, 2012. Mr. Humphrey advised that the Planning Commission
had granted a conditional use permit for construction of a liquefied natural gas
(LNG) facility at the Pilot Travel Center for long-haul trucks and other heavy-duty
vehicles. The fuel would be trucked into the site, stored and used by newer
model trucks. LNG is a superior source of fuel and cheaper than gasoline. This
would be the first facility of its kind in Oregon. The company planning the project
is Clean Energy; they are working with adjoining property owners to widen Good
Fortune Road.
The Planning Commission discussed their designation as the City's tree board
with Floodplain/Stormwater Coordinator Stephanie Holtey and determined that
they would like to continue in that capacity. The Commission intends to devote
part of their meeting once a quarter to the topic of trees.
Mr. Humphrey briefly reviewed the Comprehensive Plan and Code Changes that
will become necessary for compliance with the Land Conservation and
Development Commission's informal recommendations following their review of
the Regional Plan in March of 2012. Staff will begin preparation of a Regional
Plan Element, an Urban Reserve Management Agreement, an Updated
Population Element, and an Agricultural Buffering Ordinance for review by the
Planning Commission and City Council in the very near future.
Kay Harrison made a motion to approve the Planning Commission Report
as submitted. Allen Broderick seconded the motion. Roll call: Kay Harrison,
yes; Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; and Ellie
George, yes. Motion approved.
Responding to a question from the last meeting, Mr. Humphrey advised the City
Council that they have the option of calling up any decision made by the Planning
Commission. City Attorney Paul Nolte pointed out that there is a timing problem
as the Council needs to exercise its option to review a decision before it
becomes final. Staff will therefore prepare a draft of an order for Council to use
should it desire to review a Planning Commission decision, specifying the
CAP042612 Page 4
City of Central Point
City Council Minutes
April 12, 2012
Page 4
process to be used. In addition, Mr. Humphrey requested that staff be apprised
of any issues that Council is not comfortable with as they relate to Planning
matters. Allen Broderick specifically requested that Council be able to review
any requests for variances.
B. Appointment to Planning Commission
Tom Humphrey advised that there were vacancies on the Planning Commission
and having received two applications, the Mayor reviewed both applications and
is recommending Susan Szczesniak to fill the Planning Commission Position No.
4.
Allen Broderick made a motion to appoint Susan Szczesniak to Planning
Commission Position No. 4 with a term expiring December 31, 2013. Carol
Fischer seconded the motion. Roll call: Allen Broderick, yes; Bruce Dingier, yes;
Carol Fischer, yes; Ellie George, yes; and Kay Harrison, yes.
IX. MAYOR'S REPORT -None
City Manager Phil Messina reported that Mayor Hank Williams was currently
attending a board meeting for the Oregon Mayors Association in Salem, Oregon.
X. CITY MANAGER'S REPORT
City Manager Phil Messina apologized to the Development Commission for the
confusion this evening on the time set for the meeting. It is a new Development
Commission and Urban Renewal is new. Everyone is still muddling through. Mr.
Messina suggested that the Development Commission meet at 6:00 p.m. on
Thursday, April 26, 2012 to discuss the projects proposed for the first fiscal year.
XI. COUNCIL REPORTS
Council member Carol Fischer reported that she attended a Process Intervention
Training Forum on Mental Health & Drugs.
Council member Kay Harrison reported that she:
• Attended the Eagle Point's City Manager retirement party in Eagle Point.
• Attended the High Tech Crime Unit tour when Senator Greg Walden visited.
XII. DEPARTMENT REPORTS
Tom Humphrey, Community Development Director, stated that he met with Don
Skundrick and a group of people to discuss economic development and
infrastructure development. Mr. Humphrey added that destination boot camp
program was showcased. He invited Council members to attend the monthly
meetings on the first Thursday of each month at 7:00 a.m. Each member of the
boot camp has come away from the program with something new that they've
tried. Another group will be going to Colorado in October of 2012.
CAP042612 Page 5
City of Central Point
City Council Minutes
April 12, 2012
Page
Matt Samitore said that the Easter Egg Hunt was well attended.
Chief Zeliff stated that the department will soon be providing public education on
panhandling, providing information on available resources in the community. He
added that word was out and people are already moving to other locations.
Prohibited acts signs will be hung right below ODOT ordinances at the freeway
exits and information will be placed in the City newsletters as well.
XIII. EXECUTIVE SESSION -None
XIV. ADJOURNMENT
Carol Fischer moved to adjourn. Allen Broderick seconded. All said "aye" and
the Council Meeting was adjourned at 8:20 p.m.
The foregoing minutes of the April 12, 2012, Council meeting were approved by the City
Council at its meeting of April 26, 2012.
Dated:
Council President Bruce Dingier
ATTEST:
City Recorder
Ket urn t o Agenda
CAP042612 Page 6
Ordinance
Second Reading -
Park Amendments
Parks & Recrea~ian Department
Matt Samitore, Director
From: Jennifer Boardman, Central Point Parks and Recreation
Subject: New Park Ordinances -Commission Recommendation
Purpose: The purpose of the new park ordinances is to replace existing one in order to
provide a comprehensive set of ordinances allowing for more effective policing and
management of city parks.
Background: Central Point city park ordinances have been developed. in a piecemeal
fashion over the years leaving many gaps in coverage. The new ordinances replace existing
ordinances with a more comprehensive set of park rules. With increasing problems related.
to vandalism aiid other inappropriate behavior in our parks, there is a need for ordinances
that provide police with the tools they require to assist in limiting damage and maintaining
order.
Change #1: Public Nudity. 6.68.220 Pnblic Nudity-
It is unlawful for any person to expose his or her genitalia while in a public park. This
includes the water features in parks and is specifically implemented for the purposes of
ensuring a hygienic environment for all patrons.
Change #2: Smoking Prohibited: 9.68.230- Smoking
Smoking will be prohibited in designated areas within the parks. This prohibition will be
include all areas where children play, including playgrounds, play equipment, water
parks, tennis and basketball courts and will also include memorials.
Change #3: Prohibit Dogs from sections of the park: 9.68.170
No dogs will be allowed in memorials, playgrounds, or wateiparks.
Second Reading: City Attorney formatted. the ordinance document since the first reading.
No changes in the subject matter or substance of the ordinance changed.
Staff Recommendation: Staff recommends that the City Council approve the ordinance
amendments.
140 South Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP042612 Page 8
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 9.68.170 AND 9.68.220 AND ADDING
SECTIONS 9.68.230 AND 9.68.240
OF THE CENTRAL POINT MUNICIPAL CODE TO
PROHIBIT NUDITY AND SMOKING IN DESIGNATED PARK AREAS
Recitals:
A. The existing code does not prohibit dogs from areas extensively used for active
child and youth play.
B. The existing code does not distinguish where smoking is prohibited in the park
system.
C. In order to maintain healthy atmospheres for the youth of Central Point in the
parks, certain areas that are dominated by youth will be smoke free.
D. The citizens of Central Point want the park system to remain nudity free.
E. Words '~^°~' +"r^~ ~^" are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Section 9.68.170 of the Central Point Municipal Code is amended to read:
9.68.170 -Dogs in Parks
Dogs shall be allowed in parks on leash only (not to exceed six feet in length)
with the exception of designated dog parks. Any excrement created by an animal
shall be immediately removed by the owner. Some areas in parks may be
designated to prohibit dogs and will be posted accordingly. Dogs are prohibited
from memorials, playgrounds and spray parks. (Ord. 1 S99 §1 (part), 2007)
Section 2. Section 9.68.220 of the Central Point Municipal Code is amended to read:
9.68.220 ® Public Nudity
It is unlawful for any person regardless of age to expose his or her genitals
while in a public park. This includes the water features in parks and is
specifically implemented for the purposes of ensuring a hygienic
environment for all patrons.
Ordinance No. (042612) Pg 1
CAP042612 Page 9
Section 3. The following Section 9.68.230 is added to the Central Point Municipal Code:
9.68.230 Smoking
Smoking will be prohibited in designated areas within the parks. This
prohibition will include all areas where children play, including
playgrounds, play equipment, tennis and basketball courts and will include
memorials.
Section .The following Section 9.68.240 is added to the Central Point Municipal Code:
9.68.240 Penalty
Violation of this chapter shall be punishable under the general penalty
section 1.16.
Passed by the Council and signed by me in authentication of its passage this
day of , 2012.
~A~~inr I-I~r~L \A/illi~mc
Council President Bruce Dingier
ATTEST:
City Recorder
Ket urn t o Agenda
Ordinance No. (042612) Pg 2
CAP042612 Page 10
Ordinance
Second Reading -
Skate Park Rules
Amendments
CAP042612 Page 11
Parks & Recrea~ian Department
Matt Samitore, Director
From: Jennifer Boardman, Central Point Parks and Recreation
Subject: New Skate Park Ordinances -Commission Recommendation
Date: April 26, 2012
Purpose: The purpose of the new skate park ordinances is to replace existing one in
order to provide a comprehensive set of ordinances allowing for more effective policing
and management of the city skate park.
Background: Central Point city skate park ordinances were developed at the beginning
of the skate park use. Since that time there have been two revisions the wording to help
assist the police with enforcement. The new ordinances replace existing ordinances
with a more comprehensive set of skate park rules. The removal of the fence and.
acceptance of alternate modes of recreation vehicles including hikes and non motorized.
scooters have required a need. for ordinance revision that provides police with the tools
they require to assist in maintaining order within the skate park.
Second Reading. City Attorney made formatting changes to the ordinance document
since the first reading. No changes in the subject matter or substance of the ordinance
changed.
Staff Recommendation: Staff recommends that city council approve the ordinance
amending the skate park n~les.
140 South Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP042612 Page 12
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8.36 OF THE CENTRAL POINT MUNICIPAL
CODE TO PROVIDE FOR CLEAR AND CONCISE
RULES FOR THE SKATE PARK
Recitals:
A. The skate park was constructed in 2004.
B. The skate park was originally only intended for skaters and no other users were
allowed.
C. New users including bicycles and non-motorized scooters are currently using the
park in violation.
D. Words '~^°~' +"r^~ ~^" are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Chapter 8.36 of the Central Point Municipal Code is amended to read:
8.36.010 General guidelines and policies.
A. All users of the skate park are deemed to do so at their own risk. No
attendant will be on duty, and the city will not be responsible or liable for
injury or theft of property.
B. The city reserves the right to close the park in the event of vandalism,
graffiti, or aggressive behavior.
C. Horseplay, violence and profanity are prohibited, and violators will be
required to leave the park indefinitely.
D. Trash containers will be furnished and should be used. Excessive littering
will be cause for park closure.
E. Users should refrain from using the park when the concrete skating/riding
surfaces are either wet and slippery or damaged. Users observing
damage should promptly notify city parks department at 664-
3321 extension 24~ 265.
F. Inclement weather may be cause for park closure, at the city's discretion.
Ordinance No. (042612) Pg. 1
CAP042612 Page 13
G. The city reserves the right to exclude users at such times as the city
deems the park to be at full capacity.
H. The city reserves the right to subject the park to video surveillance at any
or all times.
All organized events or formal contests must receive prior written
approval from the city parks and recreation director or designee.
The city reserves the right to eject and bar from the park any person who
violates these guidelines and policies. (Ord. 1856A $I(part), 2005).
8.36.020 Prohibited acts.
A. A safety helmet must be worn at all times by any person that is on
the concrete skating/riding surface of the park. A "safety helmet" as
used in this chapter means a helmet carrying a sticker indicating that
the helmet meets the standards established by the United States
Consumer Product Safety Commission.
No person shall enter or be inside the concrete skating/riding surface of
the park, unless such person is wearing a safety helmet.
B. No person shall damage or deface any part of the park.
C. No person shall bring into the park or possess within the park any glass
containers.
D. No person shall use the Wig-concrete skating/riding surface area of
the park with °~fh-I~t#e~+h-~~.~~2h„~r,~ ^r ;,, ~;n° ~U^+°~ any type
of motorized vehicle or device. Skateboards, non-motorized scooters
(like razor scooters), BMX bikes, and inline skates are permissible as
long as the individual is wearing a safety helmet and abiding by the
rules of the park. "'"'z'~~~fe~ ^r °;m;'°r,~~;^°° °r° °"^,^,~
E. No person shall bring into or possess within the park any alcohol or
controlled substances.
F. No person shall modify or attempt to modify any element, surface or area
within the park.
G. No person shall enter or remain in the park except during hours posted by
the city.
Ordinance No. (042612) Pg. 2
CAP042612 Page 14
H hln cnon+~+nrc chill ho ~Iln~nior! ir~cirJo Oho for~nor! nnr4inr~ of Oho n~rL All
spectators must stand, sit or observe outside the concrete
skating/riding surface of the park.
I Tho ni4~i rocor~ioc Oho rinh4 fn lim i4 Oho r~i imhor of norcnr~c ~Iln~niorJ ir~cirJo
Oho for,nor! nnr4inr, of Oho n~rL ~+ ter,,, ni„or, +irvio Spectators and park
users are prohibited from standing, trampling or injuring in any way
the shrubs, trees and bedding plants that are around the park.
J. The city reserves the right to limit the number of persons allowed
inside the concrete skating/riding surface of the park at any given
time. (Ord. 1934, 2010; ord. 1856A §1 (part), (2005).
8.36.030 Penalties.
A. Any person who violates any of the provisions of this chapter shall be
subject to the city's general penalty.
B. Any person who violates any of the provisions of this chapter may be
excluded from the park from the time of such violation until such time as
re-entry is authorized by either the city police department or the park
and recreation deg department. (Ord. 1856A §1 (part), (2005).
Passed by the Council and signed by me in authentication of its passage this
day of , 2012.
~A~~inr I-I~r~L \A/illi~mc
Council President Bruce Dingier
ATTEST:
City Recorder
Ket urn t o Agenda
Ordinance No. (042612) Pg. 3
CAP042612 Page 15
Resolution
Annexation of
Skyrman Park
Property
CAP042612 Page 16
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CAP042612 Page 21
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CAP042612 age
Business
Hopkins -Sandra
Storm Drain Project
CAP042612 Page 23
Parks & Public Works Department ~r~r , . Matt samitore, Director
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STAFF REPORT
DATE: APRIL 11, 2012
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: Hopkins-Sandra-Hemlock Storm Drain Project
SUMMARY: Bids for the Hopkins-Sandra-Hemlock Storm Drain Project were opened on April 10,
2012 at 2:00 PM. There were seven (7) bids received. One bid was rejected because it was
received after 2:00 PM. The engineers estimate for the project was $100,000. The low bid was
from Pilot Rock Excavation at $89,105. Pilot Rock has done many projects within Central Point.
Currently they are doing the underground and piping work for the Vilas Water Reservoir.
The Hopkins-Sandra-Hemlock Storm Drain project is the second major capital improvement project
that will be fixing damaged lines while also moving storm drains that were installed in the 1960s in
the backyards of Central Point residents. The City has been systematically moving these lines to
public rights of way in order to preserve resident's back yards as well as allow for more effective
maintenance of the facilities.
RECOMMENDATION: Staff recommends City Council approve the bid to Pilot Rock Excavation,
Inc. for $89,105 for the Hopkins-Sandra-Hemlock Storm Drain project.
Ket urn t o Agenda
140 S. Third Street ~~ Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP042612 Page 24
140 S. Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP042612
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