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HomeMy WebLinkAboutCAP121312Central Point City Hall 664 -3321 City Council Mayor Hank Williams Ward I Bruce Dingler Ward II Kelly Geiger Ward III Ellie George Ward IV Allen Broderick At Large Carol Fischer Kay Harrison Administration Chris Clayton, Interim City Manager Deanna Casey, City Recorder Community Development Department Tom Humphrey, Director Finance Department Bev Adams, Director Human Resources Barb Robson, Director Parks and Public Works Department Matt Samitore, Director Jennifer Boardman, Manager Police Department Kris Allison, Chief CITY OF CENTRAL POINT City Council Meeting Agenda December 13, 2012 Next Res. 1347 Next Ord. No. 1967 L REGULAR MEETING CALLED TO ORDER — 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment on items that are not on the agenda. Maximum of five minutes per item, please. V. SPECIAL PRESENTATION VI. CONSENT AGENDA Pg. 2 - 7 A. Approval of November 8, 2012 Council Minutes 8 -13 B. Approval of OLCC Change of Ownership for Purple Parrot 14 - 15 C. Approval of Committee Re- Appointments for 2013 VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 17-39 A. Public Hearing - Resolution No. , Requesting a Public Hearing Before the City of Central Point Municipal Court for the Purpose of Seeking Authority to Order the Demolition of a Derelict Stricture Owned by Clyde and Susan Olson Located at 332 N. Second Street, Central Point, Oregon (Nolte) 41 -43 B. Resolution No. , Canvassing the Votes Cast at the General Election Held November 6, 2012 (Clayton) 45-59 C. Resolution No. , Amending the Financial Management Policy for the City of Central Point (Adams) 61 -63 D. Resolution No. , Adopting GASB 54 Fund Balance Reporting for the City of Central Point (Adams) 65-68 E. Ordinance No. , An Ordinance Amending Chapter 11. 12.110 of the Central Point Municipal Code Adding Language Clarifying System Development Charge Credits (Samitore) IX. BUSINESS 70-72 A. Request from School District No. 6 for Storm Utility Rate Discount (Samitore) 74-75 B. Acceptance of Parks and Recreation Commission Report (Samitore) 77 C. Acceptance of Planning Commission Report (Humphrey) VIII. MAYOR'S REPORT IX. CITY MANAGER'S REPORT X. COUNCIL REPORTS XI. DEPARTMENT REPORTS XII. 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 Law, the proceedings of an executive session are not for publication or broadcast. XIII. ADJOURNMENT WA A CAP121312 Page 1 CITY OF CENTRAL POINT City Council Meeting Minutes November 8, 2012 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingler, Kelly Geiger, Carol Fischer, Kay Harrison, and Ellie George were present. Interim City Manager Chris Clayton; City Attorney Paul Nolte; Police Chief Kris Allison; Community Development Director Tom Humphrey; Finance Director Bev Adams; Human Resource Director Barb Robson; Parks and Public Works Director Matt Samitore; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES City Resident Doug Pfaff asked the Council if they would review a request to name the Amphitheater in Robert Pfaff Memorial Park after his grandmother Libby Pfaff. The park was renamed after the passing of his grandfather many years ago and the family is asking the City to officially name the amphitheater the Libby Pfaff Amphitheater. She has lived in the community all her live and participated in many events. Mayor Williams stated the council and Parks and Recreation Commission will take this under consideration. V. CONSENT AGENDA A. Approval of October 25 2012, City Council Minutes B. Approval to cancel Council meetings for November 22 and December 28, 2012. Kay Harrison made a motion to approve the consent agenda as presented. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA - None CAP121312 Page 2 City of Central Point City Council Minutes November 8, 2012 Page 2 VII. BUSINESS A. Audit Presentation Finance Director Bev Adams presented the Annual Audit Document. City Auditor Chris Dye had planned on being here to present the report but has not arrived yet. She stated that there were no issues to report in the audit. If the Council would like for the Auditor to return with a report at a future dated staff will arrange it. Kelly Geiger made a motion to accept the audit as presented. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. B. Community Christmas Presentation Parks and Public Works Director Matt Samitore stated that there are a few changes this year to the Annual Community Christmas. Instead of doing a treasure hunt the city is planning a light parade. The parade will begin at 6:00 pm on Saturday, December 8t" and end at City Hall where the tree lighting will be held at 7:00 pm. There will be crafts and refreshments at City Hall. The treasure hunt was costing the city too much due to lack of donations. There will be gift bags instead of presents for the children. Santa and Mrs. Clause will be available for photos and a raffle will be held at the end of the event. C. City Road Closure for Community Christmas Mr. Samitore stated that the Parks and Recreation Commission is having a meeting next week and they would be able to discuss the option of the amphitheater naming at that time and return in December with a recommendation. There are two choices for parade routes depending on the amount of participation and the willingness of the Council to close a portion of Pine Street. The parade would be on a Saturday evening after dark and could begin at Pfaff Park ending at City Hall. In order to do this route we would need to close a portion of Pine Street for a short time in the evening and route traffic around the area. As of tonight there are no applications for the parade. Many organizations have shown interest in the idea but no one has turned in applications. There was discussion that if we have a parade it needs to go down Pine Street so that the citizens can see it. There would need to be at least 10 to 15 floats in order to have a successful first time parade. The Council did not want all the floats to be city vehicles just to make the parade happen. If we do not have community support they would rather cancel the parade and just have the tree lighting and crafts. CAP121312 Page 3 City of Central Point City Council Minutes November 8, 2012 Page 3 Council agreed that the route should be Option 1 beginning at Pfaff Park and ending at City Hall. VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First Reading — An Ordinance Amending Chapter 11.12.110 of the Central Point Municipal Code Adding Language Clarifying System Development Charge Credits Mr. Samitore stated that the purpose of this amendment is to make all system development charge credits expire after ten years and add language clarifying the different types of credits. The amendments to the chapter would clarify that regardless of the type of credit they would all expire ten years from the date they were received. Cash Credit: The City has credits on the books for developers who have paid for permits but then choose not to build and never requested a refund. These credits were generally done in order to avoid permit fee increases. Change of Use Credits: A property owner had a building and elected to tear it down. The owner receives a credit for the previous use. We have several owners who are requesting credits for buildings they demolished in the 1980's and would like SDC credit from fees they paid at that time. One developer would currently be impacted by the Cash Credit change. The developer has been notified but has not responded to city notices. It is difficult tracking the credits because property is changing hands and the developers are not notifying the city. Currently there are no time limits on these types of credits. Council is concerned that the developer could be out money if this is approved as is. They would like to see the ten years start when the ordinance takes effect. The developers all have enough warning to take advantage of the credits they have on the books. Kay Harrison made a motion to move to second reading an Ordinance Amending Chapter 11.12.110 of the Central Point Municipal Code Adding Language Clarifying System Development Charge Credits with the understanding that credits currently on the books will expire ten years from adoption of this Ordinance. Bruce Dingler seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. B. Resolution No. 1345, A Resolution Adopting Amendments to Flexible Benefits Plan Human Resource Director Barb Robson explained that new laws have come into affect changing some of our employee benefits. New IRS codes state that there is a maximum amount that can be reimbursed by a Flexible Benefits Plan. This will only affect a few employees but a resolution must be adopted by the Council to satisfy requirements of the plan. CAP121312 Page 4 City of Central Point City Council Minutes November 8, 2012 Page 4 Bruce Dingier made a motion to approve Resolution No. 1345, A Resolution Adopting Amendments to Flexible Benefits Plan. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. C. Resolution No. 1346, A Resolution Declaring the City Council's Interest in Pursuing An Amendment to the Central Point Urban Growth Boundary (UGB), Comprehensive Plan (Map), and Central Point Municipal Code (Map) to add Land from the City's Urban Reserve Area (URA) for Industrial Development and Job Creation in the City of Central Point Community Development Director Tom Humphrey stated that Combined Transport has operated in the Rogue Valley for over 30 years and its owners are natives of Central Point. They are outgrowing their facility on Crater Lake Highway and would like to move to a location closer to Interstate 5 where they can expand. The Seven Oaks interchange provides better access to a state artery and the company would realize a cost savings in fuel at this location. The zoning on that property (EFU) prevents the company from developing their business, but expanding the Central Point UGB and City Zoning to the site, and annexation would enable them to proceed. CP -1 B was classified in the Regional Plan as a transportation employment center over which Central Point would ultimately have planning jurisdiction. Combined Transport would like to be in the city of Central Point and operating their new facility by October 2014. All things considered this is an aggressive schedule, but it is accessible and will require considerable staff time to complete. The proposed resolution gives authorization to proceed with expansion of the UGB and related Comprehensive Plan and Zoning amendments. The Tolo Interchange has been an area of mutual design and concern for the City of Central, Jackson County and ODOT. Combined Transport has been working with the State in regards to access to their property and the possible extension of Hwy 140. Kay Harrison made a motion to approve Resolution 1346, A Resolution Declaring the City Council's Interest in Pursuing An Amendment to the Central Point Urban Growth Boundary (UGB), Comprehensive Plan (Map), and Central Point Municipal Code (Map) to add Land from the City's Urban Reserve Area (URA) for Industrial Development and Job Creation in the City of Central Point. Kelly Geiger seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. IX. MAYOR'S REPORT CAP121312 Page 5 City of Central Point City Council Minutes November 8, 2012 Page 5 Mayor Williams reported that he attended a meeting with Senator Merkley. They toured several businesses in Central Point including the LNG Station at Pilot. He attended the Medford Water Commission. X. INTERIM CITY MANAGER'S REPORT Interim City Manager Chris Clayton reported that Council Member Geiger has expressed interest in being the Central Point Representative for SOREDI, staff is making recommendations regarding his appointment to that board. The City Attorney has created a Memorandum of Understanding in regards to the Central Point Cemetery. There are still outstanding issues in regards to the cemetery, but we are making progress. There will be a Thanksgiving Volunteer Recognition lunch in the Council Chambers on November 15th from 12 — 3. Council members are invited to participate. XI. COUNCIL REPORTS Council Member Carol Fischer reported that she attended the Harvest Festival. XII. DEPARTMENT REPORTS City Attorney Paul Nolty reported that he is working with staff on the derelict structure at 332 N. Second Street. They will be sending a certified letter within a few days stating that they must remove the structure or the City will remove it and they will be billed for the removal. Community Development Director Tom Humphrey reported that: • The Planning Commission meeting has been moved to the second Tuesday in November to accommodate a meeting for ODOT regarding Exit 33. There will be a public discussion on November 27th to discuss the East Side TOD plan. There has been progress with the plan amendments at the state level. This phase should be completed in November.. Human Resource Director Barb Robson reported that January 15th will be the Employee Recognition breakfast at Twin Creeks. The City Council is invited to attend. More information will be provided as we get closer to that date. Police Chief Allison reported that they have made administrative changes in the Police Department in regards to the vacant Captain position. She explained how they will be rotating Lieutenants through an Admin position to get them acquainted with the position. They will not be filling the second Captain position for approximately 18 months. Parks and Public Works Director Matt Samitore stated they have restructured some of the Public Works shifts to better fit the schedules of the city and CAP121312 Page 6 City of Central Point City Council Minutes November 8, 2012 Page 6 citizens. They will be doing some internal hiring and shifting over the next month. Staff is currently working on a rail crossing grant. Finance Director Bev Adams stated that they received a PERS Recap from the State and explained the details. The state has created a committee that will be reviewing the system. XIII. EXECUTIVE SESSION - None XIV. ADJOURNMENT Kelly Geiger moved to adjourn, Kay Harrison seconded, all said "aye" and the Council Meeting was adjourned at 8:28 p.m. The foregoing minutes of the November 8, 2012, Council meeting were approved by the City Council at its meeting of December 13, 2012. Dated: Mayor Hank Williams ATTEST: City Recorder Ket urn to Agenda CAP121312 Page 7 155 South Second Street - Central Point, OR 97502 Kristine Allison ® (541) 664-5 «8 -Fax: (541) 664-2705 -w « >y t ?<»w> gov Chief Date: 12-6-2012 From: Chief Kris Allison To: Honorable Mayor Williams Files of the Central Point Police Department contain no information pertinent to the request. CAP121312 'i9dw&d /'a fetm\eagdpxw/W 7a- &&Ilewce 0 OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION 90-DAY AUTHORITY [3 New Outlet [3 Greater Privilege : APPLYING AS: f3LImIted [3 Corporation E] Limited Liability C31ndividuals Partnership Company izmllllmmmill=i� El Granted El Denied Name: Im- Date: SO-day authority: El Yes Ef"II N N (date) 2. Trade Name (dba):PURPLE PARROT #5 3. Business Location:227 E. PINE STREET CENTRAL POINT, JACKSON, OR 97502 (number, street, rural route) (city) (county) (state) (ZIP code) S. Is the business at this location currently licensed by OLCC? Dyes [3No 7. If yes to whom:PURPLE PARROT OF OREGON LLC jype of License: LIMITED ON-PREMISM MT4111-77 Applicant(s) Signature(s) and Date: I DatejJL6 D (3 N Date 1-800-452-OLCC (6522) * www-oregon.gov/oicc CAP121312 Page 9 Am I= imimim Applicant Name:_SOYIRE�RtJ OPFCO'41 t=ELUAV71E2',6 . L-V, Phone :(fi� r 5— i° SAC Trade Name (dba): PURP&U— IQAP_P_cj-F -j+— S Business Location Address: Seasonal Variations: El Live Music El Recorded Music DJ Music Dancing Nude Entertainers ■ Yes M No If yes, explain: Check all that apply- Karaoke Coin-operated Games Video Lottery Machines Social Gaming Pool Tables Other: Outdoor: Other (explain): 0 Banquet: Total Seating: 9- Ab_ Sunday ij 0 to Monday to Tuesday to Wednesday to Thursday to Friday to Saturday to OLCC USE ONLY Investigator Verified Seating: (Y) (N) Investigator Initials: Date: IF I urAerstand if my answers are not true and complete, the OLCC may deny my license application. Applicant Signature: 1-800-14,5240"ICIC (6522) www.oreg on. gov1o1cc CAP121312 Page 10 Date: usiness Hours: O Outdoor Area Hours: T The outdoor area is used for: Sunday j4nj. to 4 4'i S Sunday j j to 1 13 Food service Hours: to Monday `."And ---------- to A Am M Monday t to E El Alcohol service Hours: to Tuesday I_4AL'1 to a a A[),) T Tuesday t to Wednesday qAna_ to , ,21 Am W Wednesday t to L Ll Enclosed, how Thursday 9-Ant to A A Afn T Thursday t to T The exterior area is adequately viewed and/or Friday AnI to ' ' All F Friday t to s supervised by Service Permittees. Saturday &M to — —.2 Ani S Saturday t to ( (lrivestigator's Initials) El Live Music El Recorded Music DJ Music Dancing Nude Entertainers ■ Yes M No If yes, explain: Check all that apply- Karaoke Coin-operated Games Video Lottery Machines Social Gaming Pool Tables Other: Outdoor: Other (explain): 0 Banquet: Total Seating: 9- Ab_ Sunday ij 0 to Monday to Tuesday to Wednesday to Thursday to Friday to Saturday to OLCC USE ONLY Investigator Verified Seating: (Y) (N) Investigator Initials: Date: IF I urAerstand if my answers are not true and complete, the OLCC may deny my license application. Applicant Signature: 1-800-14,5240"ICIC (6522) www.oreg on. gov1o1cc CAP121312 Page 10 Date: ■ Yes M No If yes, explain: Check all that apply- Karaoke Coin-operated Games Video Lottery Machines Social Gaming Pool Tables Other: Outdoor: Other (explain): 0 Banquet: Total Seating: 9- Ab_ Sunday ij 0 to Monday to Tuesday to Wednesday to Thursday to Friday to Saturday to OLCC USE ONLY Investigator Verified Seating: (Y) (N) Investigator Initials: Date: IF I urAerstand if my answers are not true and complete, the OLCC may deny my license application. Applicant Signature: 1-800-14,5240"ICIC (6522) www.oreg on. gov1o1cc CAP121312 Page 10 Date: Outdoor: Other (explain): 0 Banquet: Total Seating: 9- Ab_ Sunday ij 0 to Monday to Tuesday to Wednesday to Thursday to Friday to Saturday to OLCC USE ONLY Investigator Verified Seating: (Y) (N) Investigator Initials: Date: IF I urAerstand if my answers are not true and complete, the OLCC may deny my license application. Applicant Signature: 1-800-14,5240"ICIC (6522) www.oreg on. gov1o1cc CAP121312 Page 10 Date: OLCC USE ONLY Investigator Verified Seating: (Y) (N) Investigator Initials: Date: IF I urAerstand if my answers are not true and complete, the OLCC may deny my license application. Applicant Signature: 1-800-14,5240"ICIC (6522) www.oreg on. gov1o1cc CAP121312 Page 10 Date: OREGON LIQUOR CONTROL GOMMISS1014 FLOOR PLAN n rn �sb le ' �d -9 r I on Y Use a separate FE Plan Fogforeach lev=oor of the buildng, The floor plan(s) must show the spec1fic areas of your promises (e.g. dining area® bar, IOU v1dao WIM room. kitchen, restroorns, outside pabo and sidewalk cafe areas.) 0 Include all tables and chairs (see example on back of this fbrM), Indude dimensions for e Full On-Promises Sales license. I M W 4c�qK% 6 0 0 M kF-A-& (5 A' CAP121312 Page 11 table if you are applying for a on M I M J �!!21111 OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION 90-DAY AUTHORITY A Op 0 1 P I h- ew 6utlet [3Greater Privilege Ali" ,! APPLYING AS: 101-1mited E3 Corporation El Limited Liability 131ndividuals Partnership Company 104 Date: 90-day authority: 0 Yes RrN* 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] sQ x. ME= 1 71111 1 !111,111 1 111 ip Af 1,11 111 !1! F11 Applicant(s) Signature(s) and Date: DateiL, 6b11,--C3- H Date (D Date 1-800-452-OLCC (6522) * www.oregon.gov/olec CAP121312 Page 12 MMMERIM Applicant Nam e:_S0tMP'- PIJ 06060f4 0-MaeL.5-,LL4, Phone: (54()1 955-951961 Trade Name (dba): PaRPL.5 jOAkkoT-:67- / r; Business Location Address: City: 6�FJV—IPWL PCII�V7- Recorded Music ,-:p ZIP Code: /7�0-R DJ Music El Dancing El Nude Entertainers Coln ®operated Games Sundaya�♦- to Monday Business Hours: Tuesday Outdoor Area Hours: The outdoor area is used for: Sunday arn to a 41-D Sunday rj J` to D Food service Hours: 41 0 Monday Apn to, �Z 4m Monday to —(t — El Alcohol service Hours: to Tuesday -9-4—M to - 9, 6M Tuesday to Wednesday _TADOL_ to .2 A-in Wednesday to El Enclosed, how Thursday to qfy) Thursday to The exterior area is adequately viewed and/or Friday -S AM to PM Friday to supervised by Service Permittees. Saturday 19 AM to —eP AM Saturday to (Investigator's Initials) Seasonal Variations: ■ Yes M No If yes, explainz Restaurant.- Outdoor:,:: Lounge: Banquet: Emmozom Total Seating: / LJ1 OLCC USE ONLY Investigator Verified Seating'—,E(Y) _(N) Investigator Initials: Date: A q z— I understand if my answers are not true and complete, the OLCC may deny my license application, Applicant Signature: 1-800-452-OLCC (6522) wwwore gon. govloicc CAP121312 Page 13 RM MMMEM Live Music Recorded Music DJ Music El Dancing El Nude Entertainers Restaurant.- Outdoor:,:: Lounge: Banquet: Emmozom Total Seating: / LJ1 OLCC USE ONLY Investigator Verified Seating'—,E(Y) _(N) Investigator Initials: Date: A q z— I understand if my answers are not true and complete, the OLCC may deny my license application, Applicant Signature: 1-800-452-OLCC (6522) wwwore gon. govloicc CAP121312 Page 13 RM MMMEM Coln ®operated Games Sundaya�♦- to Monday to Video Lottery Machines Tuesday to Wednesday to Social Gaming Thursday to Friday to Pool Tables Saturday to Other: Restaurant.- Outdoor:,:: Lounge: Banquet: Emmozom Total Seating: / LJ1 OLCC USE ONLY Investigator Verified Seating'—,E(Y) _(N) Investigator Initials: Date: A q z— I understand if my answers are not true and complete, the OLCC may deny my license application, Applicant Signature: 1-800-452-OLCC (6522) wwwore gon. govloicc CAP121312 Page 13 RM MMMEM lra�m ■ir� �u TO: FROM: SUBJECT DATE: Honorable Mayor and City Council City Recorder Deanna Casey 2013 Committee Re- appointments 12/13/2012 It is time to reappoint members and a chairperson of various committees. This consent agenda item is only for re- appointments. New appointments will be discussed after the beginning of the new year. Planning Commission The terms of Tim Schmeusser, Richard Samuelson and Mike Oliver expire on December 31, 2012. Staff has received word from Tim Schmeusser and Mike Oliver that they would like to remain on the Commission for another term. The Election of Richard Samuelson to the City Council will leave a vacancy to be filled after the first of the year. Chuck Piland is currently the Commission Chair and has agreed to chair for another year. Current members are: Chuck Piland Tom Van Voorhees Mike Oliver Tim Schmeusser Craig Nelson -Rie -k Staff recommends appointing Chuck Piland as Planning Commission Chairperson and the reappointment of Tim Schmeusser and Mike Oliver. Citizens Advisory Committee There is no established term of office for those serving on the Citizens Advisory Committee. Herb Farber has stated that he would like to step down from the committee at this time. Current members are: Larry Martin 14efb Fafbef Jeff Pfeifer David Painter Sam Inkley Eric Snyder Wade Six Staff has no recommendation for a Chair at this time. Park and Recreation Commission There are currently six members on the Park and Recreation Commission. The election of David Douglas to the City Council will leave a vacancy to be filled after the first of the year. The terms for John Beck, Deven Howard and Patricia Alvarez end on December 31, 2012. Mark Ludwiczak is currently the Chair. CAP121312 Page 14 Current members are: Patricia Alvarez John Beck Deven Howard Mark Ludwiczak Neil Olsen Pal,-id r,,.,,gl Staff recommends reappointment John Beck, Deven Howard and Patricia Alvarez and reappoint Mark Ludwiczak as Chair. Multicultural Committee This is a seven member committee with three year terms. The position for Christina Garrett expires December 31, 2012. Staff is advertising for additional committee members. This committee appoints their own Chairperson and Fran Cordeiro - Settell is currently the chairperson. Current members are: Fran Cord eiro- S ettell Christina Garrett Jill Gregg Adam McCarthy Amy Sweet Staff recommends reappointment of Christina Garrett to the Multicultural Committee with a term expiring December 31, 2015. Budget Committee The positions held by Steven Weber and Scott Dippel expires on December 31, 2012. Steven Weber has agreed to serve another term on the Committee but Scott Dippel has decided to leave the committee at this time. There will be one vacancy to be filled after the first of the year. Current committee members are: Bill Stults Steven Weber Randy Sparacino SeettPippel Michael Quilty Jason Lukaszewicz Karen Huckins Staff recommends reappointment of Steven Weber with a term to expire December 31, 2015. Recommended Action: Approve Consent Agenda as presented. Ket urn to Agenda CAP121312 Page 15 Resolution Derelict Structure at 332 N. Second Street CAP121312 Page 16 PAUL NOLTE, LAWYER 3860 FISHER ROAD ROSEBURG, OREGON 97471 PHONE 541 -821 -2271 law(a�ashlandhome.net November 25, 2012 Memo: TO: City Council FROM: Paul Nolte, City Attorney AGENDA DATE: December 13, 2012 SUBJECT: Demolition of Derelict Structure owned by Clyde and Sharon Olson and located at 332 N. 2nd Street The structure located at 332 N. 2nd Street has been unoccupied for 20 years and has been in a state of disrepair for more than 9 years It is now overgrown with weeds and berry bushes (pictures and Code Enforcement Officer report attached). In 2010 the owners, who reside in Medford, were notified of the violations of the derelict structure ordinance. At that time, they responded by submitting a plan to clean up the property and sell it. They asked for time to do this but nothing was done. In October 2012 the owners were notified by me (letter attached) that the structure was in violation of the city's derelict structure ordinance, Central Point Municipal Code Chapter 8.03. The owners were requested to demolish the structure or the city would proceed to seek authority to have it demolished with the costs billed to them. The owners have not responded. The city has the power to order the demolition of the structure by utilizing the process set forth in Chapter 8.03 of the municipal code. The council must first adopt a resolution that the matter be heard before the municipal court to obtain authority to order its demolition. That resolution is presented to you for your consideration and adoption at the December 13, 2012, council meeting. The demolition ordinance provides that the owners are to be given the opportunity to appear and be heard before the council prior to the adoption of the resolution. The owners have been notified that they have this opportunity and they have been given a copy of the proposed resolution. If the council adopts the resolution, the municipal court conducts a public hearing where the city is required to show that the structure should be demolished. The owners, of course, have the right to appear and argue otherwise. The municipal court may authorize the city manager to order the structure be demolished by the owners. If the owners fail to do so, the city may do so and the cost is assessed as a lien against the property. CAP121312 Page 17 121003 Ron emlf re Olson derelict structure. From: Ron Barnett < Ron. Barnett @centralpointoregon.gov> To: "Law @ash land home. net" <Law @ash land home.net> Date: 10/03/2012 04:46 PM Subject: Derelict Structure Dear Paul, I'm sending you this information on a Derelict Structure (Central Point Municipal Code section 8.03.020) located at 332 N. Second Street, Central Point, Oregon 97502, map page 372W03DD, tax lot 1300. The City wants it demolished under section 8.03.070. 1 thought you would be able to write a letter for the owners, Clyde and Sharon Olson, 1508 Wilson Place, Medford, Oregon 97504. The following issues are proof of this being a derelict structure. 1) The structure has been continuously unoccupied over 20 years or more, Mrs. Olson verified that on 10/02/12 during a short conversation, at the location 332 N. 2nd St. 2) It has been in a state of disrepair for more than 9 years. Overgrown berry bush and weeds. The berry bush have grown through windows in the rear of the residence. 3) On September 14, 2010 the owners were given a letter stating the house was in violation of the Derelict Structure Ord. and made them submit a plan as to what there intensions were to either demolish the house or fix all the problems so it could be inhabited. They submitted plans to remove all the junk inside the house and sell it as is. They asked the City Council to give them time. The Olson's have not done the things they stated they would do in the plan and all the junk is still inside the residence. There is berry bush growing in the back of the house and the weeds are several feet high again. The inside of the house stinks with an overwhelming stale smell. It is filthy inside. 4) There have been thirteen calls for service to the residence since 2003. There have been numerous arrests for trespass, drugs, minors in possession, criminal mischief and burglary. Several neighbors have reported seeing cats and rats running in the yard. Officers patrol this area because of its close vicinity to Crater High School. CAP121312 Page 18 The following are cases since 2003: 1) Case # 03 -4458 , 08/23/2003 Criminal Mischief, Burglary. Two juvenile arrests 2) Case #04 -0405, 01 /22/2004 Trespass, Drugs 3) Case # 05 -0659, 02/01/2005 Drugs 4) Case # 07 -2032, 03/30/2007 Ordinance Violation 5) Case # 08 -6978, 12/01/2008 Suspicious Circumstances 6) Case # 09 -0229, 01/13/2009 Suspicious Circumstances 7) Case # 10 -0268, 01/12/2010 Unsecure Premises 8) Case # 10 -0979, 02/15/2010 Noise Violation 9) Case # 10 -5900, 09/14/2010 Ordinance Violation 10) Case # 10 -5920, 09/15/2010 Suspicious Circumstances 11) Case # 10 -6198, 09/26/2010 Unsecured Premises 12) Case # 11 -0173, 01/09/2011 Suspicious Circumstances 13) Case # 11 -2001, 03/25/2011 Criminal Mischief Let me know what you need me to do. Sincerely, CENTRAL POINT POLICE DEPARTMENT Ron Barnett, Community Services Officer CAP121312 Page 19 155 South Second Street Central Point, OR 97502 Desk: 541 - 664 -3321 (x251) Fax: 541 - 664 -2705 www.centralpointoregon.gov CAP121312 Page 20 1" 01, " 'C 155 South Second Street Central Point, OR 97502 ion 0. Zeliff F I Ph: (541) 664-5578 - Fax: (541) 664-2705 - www,cp-pd.com Chief N) September 14, 2010 7010 0290 0000 3996 0372 Ron Barnett Community Services Officer Enclosed: C.P.M.C. 8.03.010 through 8.03.080 CD CD N) N) —$ 69 0 BLIGHT HOUSE REGISTRATION FORM !9s' Case # 10-5900 Owner's time line for correcting the nuisance: Date: 416-e. -28,40/(o Date: ,qj1A11V 71;2 q// 0 Z '9 v N W A -_..61 I/) s v m N A http,: "/ "7, :] ,217.?{ i77 /"14 "]� /,DoudL lILO t zis',,O.aspx?IV1L1= 5 8&... 10/3/2012 Reference No No n • �IIOf • f t. ft If f° ;I M I f f i 4�1i�� /J9L� � y' ,i ;' r r ' • . f'� "uf ".� s uu, 1� �i� f f• f •. .� l f f 1 http,: "/ "7, :] ,217.?{ i77 /"14 "]� /,DoudL lILO t zis',,O.aspx?IV1L1= 5 8&... 10/3/2012 CAP121312 Page 25 CAP121312 Page 26 CAP121312 Page 27 CAP121312 Page 28 CAP121312 Page 29 CAP121312 Page 30 CAP121312 Page 31 CAP121312 Page 32 CAP121312 Page 33 CAP121312 Page 34 CAP121312 Page 35 CAP121312 Page 36 CAP121312 Page 37 PAUL NOLTE, LAWYER 3860 FISHER ROAD ROSEBURG, OREGON 97471 PHONE 541 -821 -2271 FAX 541- 672 -2134 law(a�ashlandhome.net October 15, 2012 Clyde Olson Susan Olson 1508 Wilson Place Medford, OR 97504 The City of Central Point has requested me to institute proceedings to demolish a structure owned by you located at 332 N. Second Street, Central Point. Under the city's municipal code the city is authorized to demolish a derelict structure and charge the demolition cost plus 20% for overhead. The property is then liened for this amount. If the lien is not paid the city could then seek foreclosure of the lien and have the property sold. As a courtesy to you, I am writing to you prior to instituting these proceedings so that you have the opportunity to arrange for the demolition thus saving the costs of appearing at the proceedings and avoiding the city's cost plus overhead for performing the demolition. Should you have any questions regarding your legal rights in this matter you should retain an attorney to represent you. The Central Point Municipal Code provisions allowing the city to proceed can be found in Chapter 8.03. would be happy to provide you or your attorney with a copy of pertinent sections of the code. Should you or your attorney have any questions about the process or the facts leading to the conclusion that the structure is derelict you may contact me or Ron Barnett, Code Enforcement Officer, 541 - 664 -3321 (ext. 251), Ron. Barnett @centralpointoregon.gov, 155 South Second Street, Central Point, OR 97502. If I do not hear from you or your attorney in the next 20 days I will institute the appropriate proceedings to get this matter resolved. You or your attorney may contact me at the address, phone or email as provided in the letterhead. Paul Nolte City Attorney, Central Point c. Ron Barnett, Code Enforcement Officer, Chris Clayton, Interim City Manager CAP121312 Page 38 RESOLUTION NO. A RESOLUTION REQUESTING A PUBLIC HEARING BEFORE THE CITY OF CENTRAL POINT MUNICIPAL COURT FOR THE PURPOSE OF SEEKING AUTHORITY TO ORDER THE DEMOLITION OF A DERELICT STRUCTURE OWNED BY CLYDE AND SUSAN OLSON LOCATED AT 332 N. SECOND STREET, CENTRAL POINT, OREGON. RECITALS: A. Chapter 8.03 of the Central Point Municipal Code (CPMC) authorizes the City of Central Point to require the demolition of structures determined to be derelict. B. Before a structure may be demolished, the council must first adopt a resolution requesting that the matter be heard before the municipal court. The owners of the structure are to be afforded an opportunity to be heard by the council before a resolution by the council is adopted. C. The municipal court, in determining whether the structure is so derelict that it should be demolished, considers such factors as dilapidation, disrepair, structural defects, defects increasing certain listed hazards, uncleanliness, sanitary facilities, public nuisance, and the history of unlawful activity. D. The burden is on the city to show that demolition of the structure is in the public interest. Based upon the above recitals and on information provided to the council regarding the history and condition of the structure located at 332 N. Second Street, Central Point, Oregon, owned by Clyde and Susan Olson, the City of Central Point resolves: Section 1. The Municipal Court of the City of Central Point is requested to conduct a public hearing regarding the structure located and owned as described immediately above to determine if the structure should be demolished pursuant to the provisions or CPMC Chapter 8.03. Section 2. The owner(s) and occupant(s) shall be provided notice by certified mail of the date and time set for hearing. Notice shall also be posted on or near the derelict structure and copies delivered to the affected neighborhood association. Passed by the Council and signed by me in authentication of its passage this day of 2012. ATTEST: City Recorder CAP121312 Page 39 Mayor Hank Williams Ket ur n t o Agenda Resolution Canvassing Votes Jackson County Elections office CAP121312 Page 40 TO: Mayor Williams and City Council FROM: Chris Clayton, Interim City Manager DATE: December 13, 2012 SUBJECT: Canvassing Votes for November 6, 2012 General Election The City Charter requires that the City Council canvass all election returns at the first regularly scheduled meeting following receipt from the County Clerk of the certification of election results. The City received the election report from the Jackson County Clerk on November 23, 2012. A copy of the report is attached for Council's review. The abstract of 590 write -in votes for ward IV can be found in the City Recorders office. The attached resolution canvasses the total number of votes cast at the election, the votes cast for each position, the name of each person elected to office and the office to which they have been elected. The resolution does not name a person for Ward IV. There will be a determination of that position at the Council meeting. It further directs the City Recorder to prepare, sign, and deliver a certificate of election to each person elected within thirty (30) days after the canvass. Attachments Abstract 2. Resolution Recommendation: Approve attached resolution declaring a write in candidate for Ward IV. CAP121312 Page 41 RESOLUTION NO. A RESOLUTION CANVASSING THE VOTES CAST AT THE GENERAL ELECTION HELD NOVEMBER 6, 2012 Recitals 1. A general city election was held on November 6, 2012, during which time legal voters of the City of Central Point considered the election of City officers; 2. Pursuant to state law, the Jackson County Clerk has certified the results of said election, said certification having been issued on the 23rd day of November, 2012; and 3. The City Charter requires that the City Council meet and canvass the returns of said election at the first regularly scheduled meeting following receipt of the Jackson County Clerk's certification of election results. THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS: Section 1. That the votes cast by electors of the City of Central Point for Mayor, two Councilmember At -Large positions and one Ward IV Council position, at the general election of November 6, 2012, are hereby found, determined and declared to be as follows: MAYOR Henry (Hank) Williams 5,204 Miscellaneous write -ins 193 COUNCILMEMBER AT -LARGE (VOTE FOR TWO) Rick Samuelson 2,233 Patrick Iler 1,341 David Douglas 2,206 Kay Harrison 2,044 Carol Fischer 1,505 Miscellaneous write -ins 55 COUNCILMEMBER WARD IV No Candidate filed 0 Miscellaneous write -ins 590 Section 2. There were no official candidates that filed for the Ward IV position. Jackson County Elections office tallied 590 the write -in votes and determined the following: COUNCILMEMBER WARD IV CAP121312 Page 42 Allen Broderick 39 Daniel Bunn 20 Paul Coombs 63 Pursuant to Central Point City Charter Section 27 (d) provided that the council is the final judge of the election and qualifications of its members. Section 3. Pursuant to the foregoing election results, certified to by the Jackson County Clerk and canvassed and ratified by the City Council by this resolution, it is hereby found, determined and declared that the following are the official results of the general election held on November 6, 2012. MAYOR Henry (Hank) Williams COUNCIL MEMBER AT -LARGE David Douglas COUNCIL MEMBER AT -LARGE Rich Samuelson COUNCIL MEMBER WARD IV Section 4. The City Recorder is hereby directed to issue certificates of election to the persons declared elected in Section 3 above within thirty (30) days after the effective date of this resolution. Passed by the Council and signed by me in authentication of its passage this 13th day of December, 2012. Mayor Hank Williams ATTEST: City Recorder, Deanna Casey Ket ur n t o Agenda CAP121312 Page 43 CAP121312 Page 44 11*01m, .1 1;-, FinanIce" CileDa.rtImen't Bev Adams, Finance Director With the exception of the fund balance changes (GASB 54) and the Housing Fund expenditure definition on page 7, there are no new policies or changes shown, only clarification of what operational practices are at this time. Please specifically review the following categories which have been added or changes made (all changes are highlighted in grey for ease of review): GASB 54 states that fund balances shall be defined as restricted, committed, assigned, unassigned, or non- spendable. On page 3 of this document are definitions of each those categories. To further clarify, funds are listed by type and fund balance categories discussed for each. I will review pertinent changes to this policy with you at the meeting and will be happy to answer any questions you may have. I M; For, 1!11111 1111 1111 1��111 �111 1 1111111 11 ili;ij CAP121312 Page 45 A. The Mayor and City Council are committed to high standards of financial management and therefore periodic updating of financial policies is necessary to assure consistent and rational financial management. B. The Mayor and Council have reviewed the attached Financial Management Policy and wish to elucidate financial procedures that govern the operations of the City of Central Point. oil 1111111111 111111111 UNAMN Ket ur n t o Agenda rl�j CAP121312 Page 46 To ensure the legal use of all City funds through efficient systems of financial security and internal control. To provide and maintain essential public programs, services, facilities, utilities, infrastructure, and capital equipment. To employ revenue policies that prevent undue or unbalanced reliance on any one source, distribute the cost of municipal services fairly, and provide adequate funds t-w operate desired programs. 0 CAP121312 Page 47 15=fi =-I All City funds shall be invested to provide safety • principal, a sufficient level of liquidity to meet cash flow needs, and to provide the maximum yield possible. Apart from petty cash and allowance for normal movement and transfer of cash as needed, one hundred percent of all idle cash will be invested. ME= The City will maintain a fund accounting and financial reporting system that conforms with Generally Accepted Accounting Principles (GAAP) and Oregon Local Budget Law, and will issue a Comprehensive Annual Financial Report (Audit report) each fiscal year. The Comprehensive Annual Financial Report will show fund expenditures and revenues on both a GAAP and budget basis for comparison purposes. IN" December 2012 CAP121312 Page 48 I I I I IF I I � 11 lI III F III � I "1 1111111 -1 1 1 MF i tt 1 CAP121312 Page 49 W, M. 1, 111111111rig I m » <» - 0 1 i7 n im i- i i i rau M-T TIMM , U i 1 1, MrOMM =0110ATTITTWIM" (GFOA). (Determination to participate will be based on the cost not outweighing the benefit.) A Buda et Committee will be The Budget Committee's chief purpose is to review the city's proposed budget and to approve a budget and maximum tax levy a<2 y Council consideration, The Budget Commime- «v< <«» ? > < and develop recommendations on other financial issu»<»<¥ 2 ±,w>¥ by the City Council. lecember 2012 CAP121312 Page 50 Oil it plar.] fA *I grg Wg2grAgg 03 1 L" g tx;a t"I The City budget will support City Council goals and priorities and the long-range needs oft e unity® The City may allocate direct and administrative costs to each fund based upon the cost ♦ providing these services; and will recalculate the cost of these services at least bi- annually to identify the impact of inflation and other cost increases. =1111111, W-1161,11111. Minimum Fund Balance CAP121312 Page 51 The City will budget a contingency appropriation to provide for unanticipated expenditures of a non-recurring nature or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 2 percent of annual revenues less budgeted prior year carryover. IN f ==t U services and miscellaneous sources. Expenditures are forthe maintenance, re7pair, surflacin and construction of city streets and associated infrastructure. The Street Fund will maintain MM of at least 25 percent of total annual revenues, not including grant • loan monies. This is the minimum determined to be needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. System development charges for transportation are included in the Street Fun 4 balance. This portion of the fund balance is restricted and shall not be used in determining the minimum fund balance. The City will budget a contingency appropriation to provide for unanticipated expenditures of a non-recurring nature or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 5 percent of annual revenues less budgeted prior year carryover. 110 CAP121312 Page 52 L74 101 N A I N 114 A 10141 MM V I A 14 t I I I IAWMARVIA 0 L41 0 A M I The purpose of the Housing Fund is to account for funds from a grant program. There is ♦ minimum fund balance. The City may budget a contingency appropriation to provide for unanticipated expenditures of a non-recurring nature or shortfalls in projected revenues. There is nit required minimum contingency for this fund. The Capital Improvement Fund was established to account for resources used for th�_- acquisition or construction of major capital projects. This fund uses the modified accrual method of accounting. This fund accounts for revenues from unboncled assessment payments, construction grants, parks system development fees, and other resources. Expenditures are for construction, Jj inj t 41 14 1 V4 r4 OV VA A A VJ 11101WIA M 941JUM9111 OrVOIGM 9 111011 OMINA LOS is VV4 ' , I I - A System Development Charges (SDCs) for parks are included in this fund balance. This portion of the fund balance is legally restricted and shall be accounted for separately from the unrestricted portion of the fund balance. The City may budget a contingency appropriation to provide for unanticipated expenditures of a non-recurring nature or shortfalls in projected revenues. There is no required minimum contingency forthis fund. M MI. CAP121312 Page 53 tfFe-Wefff-5—er—Vffce—F—Una accounts ror tne accumuWaTion 7=urces for Tne-p7TMTffTWjeneFM long-term debt principal and interest. Expenditures and revenues are accounted for on the modified accrual method of accounting. All of the monies within the Debt Service Fund are restricted for debt service until the specific debt is repaid in full. Oregon State Statutes prohibit cities from using this money for any other purpose. The Debt Service Fund will maintain a balance of annual revenue as required by the specific debt instrument. This is the minimum needed to maintain the City's credit worthiness and to adequately provide for economic uncertainties and cash flow needs. 11�Slll " 0 The Reserve Fund accounts for the accumulation of resources to pay for any service, project, property, or equipment that the City can legally perform or acquire. Specific projects or services must be specified and reserves can only be spent for those purposes and directly from, the fund. Money cannot be transferred out of the reserve fund into another fund. Expenditure3 and revenues are accounted for on the modified accrual method of accounting. The purpose of the Reserve Fund is to accumulate funds for future needs; therefore, there is no set minimum fund balance. CAP121312 Page 54 Mr. The Building Fund accounts for building safety operations. Revenues are from the issuances of building permits. Expenditures are for the operations of the building division. The city provides structural, plumbing, electrical and mechanical inspections. ♦ 111 01,1111111,11011 11101*111 "111111,00111M." The City will budget a contingency appropriation to provide for unanticipated expenditures of a non-recurring nature or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 2 percent of annual revenues less budgeted prior year carryover. .:: a a U e V-1 I LS Vi I IT 5 a It charges for services, and miscellaneous sources. Expenditures are for operations, capital construction, and retirement of debt. The Water Fund will maintain of at least 25 percent of total annual revenues, not including grant or loan monies. This is the minimum determined to be uncertainties and cash flow needs. System Development Charges are included in the Water fund balance. This portion of �A441* balance. The City will budget a contingency appropriation to provide for unanticipated expenditures of a non-recurring nature or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 5 percent of annual revenues less budgeted prior year carryover. annual revenues, not including grant or loan monies. This is the minimum determined to be needed to maintain the City's credit worthiness and to adequately provide for bm economic uncertainties and cash flow needs. CAP121312 Page 55 molaw WON-a-ma- OWN PU11-11011"I Of Ine PIT]* UdIdrice is reswc-cea dflU 3M FIR re 111bel III (PIRUMIM75 Lil minimum fund balance. The City will budget a contingency appropriation to provide for unanticipated expenditures of a non-recurring nature or shortfalls in projected revenues. The minimum contingency will be maintained at not less than 5 percent of annual revenues less budgeted prior year carryover. The fund is divided into Facilities Maintenance, Administration, and Fleet Maintenance divisions. Expenditures are for personnel, materials and services and capital outlay. These functions are supported by charges for services to other direct service departments and divisions throughout the city. -miiti-ttfoxit fut:4 balance. conservative. 1117MIMEAM-721 -7 'a 0, account for major changes in consumption and cost increases. 0 Vecerriber 2012 CAP121312 Page 56 * i •' is � * ♦ � i # i , #' . -' � _ _. ** i* � .� r rj To the extent practicable, development pay necessary fees to meet all identified costs associated with that development. The City will aggressively pursue collection of all delinquent accounts receivable. When necessary, collection procedures will include termination of service, submission to collection agencies, foreclosure, and other available legal remedies. i # s# it i I`# ! I i' # '# "' # ; «ii .Ir * .I' i •. #` Estimated wage increases and changes in employee benefits will be included in th(t proposed budget under Personnel Services. r* i! ir'..., ♦!* ',! #: i « #'#,! 'i # it rr . ♦ appropriation be included in the proposed budget; ad will increase or decrease relative to the overall +. ".. A "tourism promotion" be included in the proposed d i, #g ` appropriation or decrease relative to the overall a! WlU"ll�BIRI r i i i � .... i...... ,' r i i. rt •.. implement, The City will abide by approved purchasing policy. The policy shall clearly state approved • r limits for members; process and method by which purchases will be .a- provide for adequate of #, and capital assets by making available contributions for capital r t` to that i will be available to replace City vehicles and facilities. CAP121312 Page 57 MM The City will update its five-year capital improvements program bi-annually; identifyln�#' capital needs and potential capital funding sources. The capital improvements program will reflect the priorities of the City Council and the long-range needs of the community. The City will determine and use the most appropriate method for financing all new capital projects. 1L'4J,1'ZL'MK_*J I IVA mei =41 r-M I I I II AN gol IF WO M. Capital projects financed through bond proceeds will be financed for a period not to exceed the useful life • the project. �4NPI Ml &I Imm Im, -IMI 'A The City will seek to maintain and improve its bond rating to minimize borrowing costs and to ensure The City will keep the final maturity of general obligation bonds at or below 20 years, with the exception of water supply and land acquisition which will be limited to 3o years. The City will maintain good communications with bond rating agencies about its #.# I. aii-tclitiot. WMLE"in The City will provide an active risk management program that protects City assets through loss prevention as well as appropriate levels of insurance. revenue sources or by curtailment of expenses. CNI r_4 Wecember 2012 CAP121312 Page 58 Capital ExDenditure Capital Prollect useful life of the asset. In accordance with Oregon Local Budget Law, depreciation is not budgeted by the City. Expend ture An expenditure is a term for one spent by the City for the programs and projects included within the annual budget. Fund A fund is an accounting based division within the budget for independent fiscal and accounting requirements. Infrastructure Infrastructure refers to the lanyge-scale sVstem and services that are necessarAi for econorniv activity; such as the City's streets, water lines, storm drains, etc. Modified Accrual Agg2Mn1jqg Revenues are recorded within the accounting period in which they become available and incurred. Revenue System Development Charges I M F 14LZLO I&M A IR14 I Ket ur n t o rl11rienda �j CIO CAP121312 Page 59 0 CAP121312 Page 60 1: M. The Government Accounting Standards Board created several new categories of fund balances to replace what used to be reserved, designated or unreserved fund balances. ,�j I ItAdLOL-7d I I ILA &Ziftsj I LOI I ...... I -111,110111WIL# 1111C21111 IF 11 1!!11 11 111 CAP121312 Page 61 1121 .��l Tlifil all ii *011101 A. Prior to GASB 54, ending fund balances were specified as reserved, designated, or unreserved; and GASB 54, a statement by the Government Accounting and Standards requires fund balances to be reported in classifications that "comprise a hierarchy based primarily or the extent to which the government is bound to honor constraints on the specific purposes for which amounts in those funds can be spent;" and C. The ending balance for all funds must be designated per the following categories set forth by GASB 54: Restricted— Amounts subject to externally enforceable legal restrictions (imposet by grantors, contributors, governmental regulations, o Committed— Amounts whose use is constrained by limitations that a government imposes upon itself. Assigned— Intended use of resources established by the governing body itself, or by an official or officers to which authority is delegated by the governing body. E. The City Council wishes to clarify the spending as it relates to ending fund balance policy. CAP121312 Page 62 R 1 11 i 1 11 2121111 1: Illp mil 11 �illi I V r4 Mr-, 11MAO TOM# mt, a 4 a '".17M Ket ur n t o Agenda rl�j CAP121312 Page 63 [Mill I i - A C I 1 1 ��� i 11.12.110 CAP121312 Page 64 AkParks & Public Works Department Matt Samitore, Director CENTRAL 140 South 3 Id Street I Central Point, OR 97502 1 541.664.7602 1 www.centralpointoregon.gov POINT 12/6/2012 TO: Honorable Mayor and City Council FROM: Matt Samitore, Parks & Public Works Director SUJECT: Changes to Chapter 11.12 of the Central Point Municipal Code PURPOSE: The purpose of the ordinance amendment would be to make all System Development Charge (SDC) Credits expire after ten years. Also would add language clarifying the three different types of credits. SUMMARY: The state of Oregon, as well as our municipal code, clearly defines SDC credits that were obtained by a developer providing a qualified public improvement, i.e. a new collector or arterial road or upsizing a waterline. The City however has other credits that were obtained during the building boom. These types are typically referred to as cash credits as well as change of use credits. Cash Credits are those where a developer has paid cash for a permit and choose not to build or request a refund. These types of credits were typically the product of a developer trying to avoid permit fee increases.. We currently have two scenarios that meet this definition; one for the townhouse development in Central Point East called Beebe Woods, and the other for a commercial property in Mt. View Plaza. The other type of credit is called change of use and represents a property owner demolition an existing structure.. After demolition, the owner receives the credit for the previous use. We have had several property owners who are requesting credits for buildings they demolished in the 1980's. CAP121312 Page 65 This ordinance revision would clarify that regardless of the type of credit with all credits expiring 10 years from the date they were received. CHANGES BETWEEN FIRST AND SECOND READING: Upon review at the first hearing Council directed staff to clarify credits that are currently on the books for cash and change of use credits. Staff added the following, for existing cash and /or change of use credits they will expire upon 10 years of the revising of this ordinance. No other changes to the ordinance were made. RECOMMENDATION: Approve the second reading of an ordinance amending section 11.12 of the Central Point Municipal Code. CAP121312 Page 66 AN ORDINANCE AMENDING CHAPTER 11.12.110 OF THE CENTRAL POINT MUNICIPAL CODE ADDING LANGUAGE CLARIFYING SYSTEM DEVELOPMENT CHARGE CREDITS Recitals: A. There are multiple ways for developers and property owners to receive System Development Charge (SDC) Credits. B. Credits shall be applied evenly regardless of the way they have obtained. C. Words lined thF9ygI 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 11.12.110 of the Central Point Municipal Code is amended to read: 11.12.110 Credits. A. A systems development charge shall be imposed when a change of use of a parcel or structure occurs, but credit shall be given in an amount equal to the existing systems development charge as applied to the pre- existing use. The credit so computed shall not exceed the calculated systems development charge. No refund shall be made on account of such credit. Credits for change of use of a parcel shall be used within ten years from the date the credit is given or will be forfeited for all. For existing change of use credits they will expire upon 10 years of the revising of this ordinance. B. An improvement fee credit shall be given for the cost of a qualified public improvement associated with a development, subject to the following: 1. Such credit shall be only for the improvement fee charged for the type of improvement being constructed, and credit for qualified public improvements under Section 11.12.030(F)(2) may be granted only for the cost of that portion of such improvement that exceeds the city's minimum standard facility size or capacity needed to serve the particular development property or project. The applicant shall have the burden of demonstrating that a particular improvement qualifies as a Section 11.12.030(F)(2) qualified public improvement. 2. When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project, if any. Ordinance No. (121312) Pg. 1 CAP121312 Page 67 3. Credits shall be used within ten years from the date the credit is given. 4. Credit shall not be transferable from one development to another or from one type of capital improvement to another. (Ord. 1861 (part), 2005; Ord. 1703 §3, 1994; Ord. 1657 §1 (part), 1991). C. A credit may be established if a developer /builder pays for a permit then elects to not build on that site and does not take a refund. The cash credits may be used towards another building project. However, the cash credits shall be used within 10 years from the date the credit is given or be forfeited. For existing cash credits they will expire upon 10 years of the revising of this ordinance. Passed by the Council and signed by me in authentication of its passage this _ day of December, 2012. Mayor Hank Williams ATTEST: City Recorder Ket ur n t o Agenda Ordinance No. (121312) Pg. 2 CAP121312 Page 68 Business School District 6 Request for Storm Rate Discount CAP121312 Page 69 AkParks & Public Works Department Matt Samitore, Director CENTRAL 140 South 3 Id Street I Central Point, OR 97502 1 541.664.7602 1 www.centralpointoregon.gov POINT December 6, 2012 TO: Honorable Mayor and City Council FROM: Matt Samitore, Parks & Public Works Director RE: Request from School District No. 6 for language to be added for storm utility rate discount SUMMARY: In 2008 the City implemented a storm utility fee to stabilize storm drain maintenance and capital improvement needs associated with the seven streams that flow through the city as well as the relatively old storm drain and culvert system. The ordinance allows for discounts to property owners who have designed their buildings and parking lots where water is held during flood events and /or directed back into the ground before going into the city storm drain system. These types of structures are typically referred to as bio- filtration or self- contained storm drain systems. One of the early drafts of the storm utility fee had some provisions within it for discounts to the school district if they were unable to meet one of the design discounts. The wording was based upon curriculum taught at the school to inform their student body about clean water and water conservation. If taught from an elementary through high school level the schools would receive up to a 25% discount. The School District is requesting language be added so that the curriculum they teach is eligible for a discount. Unfortunately, even though several of the parking lots and buildings are relatively young they did not plan for any bio- filtration when they are designed so the only way for the district to receive a discount is by either the proposed language or by retrofitting their existing schools. Currently the school district pays the following per month: $341.90 Central Point ElementM $265005 Mae Richardson Elementary $712.40 Jewett Elementary ry $1,194.70 Crater High School $557.05 Scenic Middle .School $325.00 Upton Bail Fields $3,396,90 Mont ' $40,762480 Yearly The City has obtained language from two jurisdictions in the Puget Sound area who do have utility discounts for schools. If it were to be enacted staff prefers the language from Kitsap County. CAP121312 Page 70 RECOMMENDATION: If the School District can provide information on the amount of students taught about water quality, then City Staff will bring back wording amending section 11.16 that will allow for a storm utility discount. Ket ur n t o Agenda CAP121312 Page 71 From City of Mill Creek... 8. 12.070 Rate adjustments and appeals. A. Any person receiving a rate charge billing statement under this chapter may file a "request for rate charge adjustment" (hereinafter "adjustment request ") with the director within 30 days of the date of the billing statement. Submittal of an adjustment request shall be made on forms provided by the director and shall not extend the period of payment for the rate charge. B. Upon timely receipt of an adjustment request, the director may grant or approve a rate adjustment only in accordance with this chapter and only upon a finding that one or more of the following conditions exist: 5.The parcel is owned or leased by a public school district or private nonprofit school facility that provides activities that directly benefit the program ( "qualifying activities ") Qualifying activities may include, for example, curriculum specific to the issues and problems of surface and stormwater management, and constriction and/or maintenance of on -site stormwater mitigation facilities. from Kitsap County...... (4) Parcels owned or leased by a public school district which provides activities which directly benefit the surface and storm water management program. The activities may include: curriculum specific to the issues and problems of surface and storm water management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface and storm water management system. Pursuant to RCW 36.89.085, the amount of the service charge adjustment shall be determined by the director based upon the cost of the activities to the school district, but not to exceed the value of the activity to the surface and storm water management program. Determination of which activities qualify for the surface and storm water management service charge reduction will be made by the director. Reductions in surface and storm water management service charges will only be granted to school districts which provide programs that have been evaluated by the director. The service charge adjustment for the school district activity may be applied to any parcel in the service area which is owned or operated by the school district; CAP121312 Page 72 Business Parks and 7 1 -1 , A 0 wn - K-" I if Ml U-1-ni I i m ' itQ u-MIJ CAP121312 Page 73 STAFF REPORT DATE: 11/30/12 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JENNIFER BOARDMAN, MANAGER SUBJECT: Parks Commission update. BACKGROUND: Matt Samitore, Director Jennifer Boardman, Manager The Central Point Parks Commission met on November 15, 2012 and discussed the following topics: 1. Public appearance by James Shannon with a local company called The Trick Trainer. He pitched the idea of adding a new piece of equipment to the skate park. The cost of the product is fairly inexpensive, under $400, but parks commissions asked for more engineering data to ensure safe practices as this product is very new to the market. 2. The commissioners discussed the issue of naming sections of the parks after individuals. Specifically the amphitheater at Pfaff Park changed to Libby Pfaff amphitheater. Below is the wording of the current naming guidelines as stated in Resolution No. 113 8: Section 3. Naming Criteria: A. City of Central Point public lands and facilities may be named after a place or location, or after an event that has created an important legacy or achievement. A person's name is eligible for consideration after two years of their death, with special benefactors excepted. The following criteria may be used by the City Council in determining the appropriateness of the naming designation: 1. A noteworthy public figure or official 2. A person, place, or event of historical or cultural significance; 3. Special benefactors (s) (living or dead) 4. A person, group, place, or feature, particularly identified with the public land or facility... Upon review of the above listed resolution it was recommended by the Parks Commission to inform the Pfaff family of the restrictions stated rules. It was further suggested that the naming of individual pieces of equipment or features of parks can be a slippery slope that we may want to review and further define in the resolution to ensure that all who make requests understand the intent of the wording of benefactors, 140 S. Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384 CAP121312 Page 74 noteworthy, or particularly identified. Upon direction of the Council a revision of the resolution will be made at the January meeting to clarify any wording that may lend itself to confusion or tend toward ambiguity. Dr. Olsen, a council member, suggested that if individuals are benefactors for items that their gift should reflect the value of the item that would bare their name. This would be similar to current practice of placing benches in parks with memorial plaques, but doing so at the cost of the donor. (We have several park benches that were donated and recognition of their donations are placed on a plaque on the bench) Jennifer Boardman spoke with Don Pfaff on 11/21/12 to discuss the current resolution. He stated that the grandsons of Libby Pfaff were hoping to provide the naming as a surprise gift for their grandmother. Mr. Pfaff understands that as written in the current resolution the naming of the amphitheater could not take place at this time. 3. Other items discussed were upcoming special events which include: Cyclocross at Twin Creeks Park in January, Eggstravaganza in March at Twin Creeks Park and Arbor Day in April at the Skyrman Arboretum. The next meeting is scheduled for January 17, 2013 at 6:30 pm. The Parks Commission recommends: Staff provide clarification of the resolution in regards to the wording benefactors. This will be discussed at the January meeting and then present to Council in February. Park Maintenance: Not addressed at the meeting, but an important park maintenance issue is the removal of invasive blackberries. Parks staff has begun looking into the rental of goats for blackberry removal along the Greenway and in Boes Park. These areas have massive amounts of invasive Himalayan blackberries. The removal would help reduce criminal activity by elimination hiding places, help native species that are being choked out and make the Greenway a more attractive /safe location for recreational users. There are currently two individuals that rent goats for invasive species eradication. Medford Parks has utilized one individual and parks staff will be getting cost estimates in January for budgeting purposes. Staff reviewed the Central Point Ordinance on prohibited animals, Section 6.06, but as listed there is a provision for the temporary approval of animals in the working capacity as long as they are not a health hazard or nuisance. The work will begin in mid -April of 2013. Ket ur n t o Agenda 140 S. Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384 CAP121312 Page 75 Business t � i Commission Report CAP121312 Page 76 Cit of Central Point, Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpointoregon.gov PLANNING DEPARTMENT MEMORANDUM Date: December 7, 2012 To: Honorable Mayor & Central Point City Council From: Don Burt, Planning Manager Subject: Planning Commission Report The following item was presented by staff and discussed by the Planning Commission at its regularly scheduled meeting on December 4, 2012. The Planning Commission held their first public hearing to consider the East Side TOD. Staff presented an overview of the project and answered questions. Staff noted that the Neighborhood meeting held on November 27th was well attended. Based on some of the questions posed by the Neighborhood residents, staff requested that the public hearing be opened, testimony taken, and continued to the January 8, 2013 meeting to allow additional time to respond to their questions. The Planning Commission opened the public hearing, took testimony, and continued the hearing to January 8, 2013. Ket ur n t o Agenda CAP121312 Page 77