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Home My WebLink AboutCAP111413CITY OF CENTRAL POINT Central Point City Council Meeting Agenda City Hall November 14, 2013 541 - 664 -3321 Toner City Council Next Res. 1383 Mayor Next Ord. 1981 Hank Williams VI. ITEMS REMOVED FROM CONSENT AGENDA Ward I. REGULAR ME ETI NG CALLE D TO ORDER -7:00 P. M. Bruce Dingler Ward 11 II. PLEDGE OF ALLEGIANCE Kelly Geiger VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS Ward III 14-18 A. Public Hearing, Resolution No. Requesting a Ellie George III. ROLL CALL Ward IV Municipal Court for the Purpose of Seeking Authority to Allen Broderick Order the Demolition of a Derelict Structure Owned by Parks and Public IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment At Large on items that are not on the agenda. David Douglas Rick Samuelson 20 -22 B. Resolution No. Amending the Planning Jennifer Boardman, V. CONSENTAGENDA Page 2 - 8 A. Approval of October 24, 2013 Council Minutes Administration 9 -12 B. Approval to Declare Surplus and Donation Request of Chris Clayton, City Manager Toner Deanna Casey, City Recorder VI. ITEMS REMOVED FROM CONSENT AGENDA Community Development Tom Humphrey, Director VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS Finance 14-18 A. Public Hearing, Resolution No. Requesting a Bev Adams, Director Public Hearing Before the City of Central Point Human Resources Municipal Court for the Purpose of Seeking Authority to Barb Robson, Director Order the Demolition of a Derelict Structure Owned by Parks and Public General Property Group, LLC., Located at 332 N. Second Works Street, Central Point, Oregon (Dreyer) Matt Samitore, Director 20 -22 B. Resolution No. Amending the Planning Jennifer Boardman, Department Fee Schedule, Adding a Sidewalk Cafe Manager Review Fee in the City of Central Point (Humphrey) Police Kris Allison Chief vJn�: lid 1Naxy 24 A. 2013 Comprehensive Financial Report (Adams) 26 -29 B. Downtown Beautification Project List (Samitore) 31 C. Planning Commission Report (Humphrey) W. MAYOR'S REPORT X. CITY MANAGER'S REPORT XI. COUNCIL REPORTS XII. DEPARTMENT REPORTS XIII. EXECUTIVE SESSION — ORS 192 -660 (2)(i) Employee Evaluations The City Council will adjourn to executive session under the provisions of ORS 192.660 (2) (i) Employee Evaluations. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XIV. ADJOURNMENT Consent Agenda CAP 111413 Page CITY OF CENTRAL POINT City Council Meeting Minutes October 24, 2013 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, Rick Samuelson, and Ellie George were present. David Douglas was absent. City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Chief Kris Allison; Parks and Public Works Director Matt Samitore; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES - None V. SPECIAL PRESENATION — Fire District No. 3 Chief Peterson presented the quarterly report for the district. He explained that because of their great response times they have been able to help lower some insurance rates. They saw over 6000 calls for service over the last year. They are conducting a study of services to see if they could work with Medford Fire to reduce duplication of services and save tax payer money. They may combine forces in order to help all citizens in the valley. If that were to happen there would be no change of service to the citizens of Central Point. VI. CONSENT AGENDA A. Approval of October 10, 2013 City Council Minutes B. Approval of Meeting Cancelations Bruce Dingier made a motion to approve the Consent Agenda as presented. Kelly Geiger seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; Kelly Geiger, yes; Ellie George, yes; and Rick Samuelson, yes. Motion approved. VII. ITEMS REMOVED FROM CONSENT AGENDA - None VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Resolution No. 1381, Approving a Jackson County Board Order to Initiate Formation of a Jackson County Library Special District and CAP 111413 Paget Consenting to the Inclusion of Central Point City Territory within the Boundaries of the District City Manager Chris Clayton explained the proposed resolution will allow the citizens of Central Point to vote on a proposed library district. If the district is approved by voters at the May 2013 election, the City of Central Point will be included in the district. If the Council decides not to approve the resolution the Central Point library will be scheduled to close in 2014 and if the Central Point Citizens wish to use the libraries that are open they would be required to pay a userfee. If approved the district would be funded by a permanent tax rate of up to $0.60 per $1,000 of assessed value to provide operating support for the libraries currently established in Jackson County. This rate would result in a yearly tax assessment of approximately $95.28, based on a value of $158,800. Mr. Clayton explained that the Council has approved similar resolutions in the last few months allowing the citizens to vote on measures. He also explained the current compression gap of $1.17 the proposed library service district would consume $0.60 of that amount, leaving only $0.57 of potential tax increases. It is not clear what other taxes might be needed, or approved, in the future that would erode the compression gap. The library district tax rate proposal is a permanent increase. If the Agriculture District is approved that will add an additional $.05 to decreasing the gap. Mayor Williams opened the discussion to the public. County Commissioner John Rachor Commissioner Rachor explained the library bond that was approved several years ago to build new libraries. At the time the County was able to support the system. He explained the loss in timber revenue and the results it has had on the County budget. They are looking for alternative methods to provide the services that residents have become accustom too. He explained the proposal for the South Valley District and that the Commission decided to put the recommendation out county wide to allow all the voters to have the ability to keep their libraries open. This measure would create a separate board to run the library district and the citizens would be electing a board at the same time as approving the district. That board would be responsible for the hours and services that the district could provide. County Commissioner Doug Breidenthal Commissioner Breidenthal discussed the current funding level in regards to the Central Point Compression issue. The Commissioners have agreed to work with the new district board and help them get started. The Central Point Library is scheduled to close in eight months unless another funding option is approved. The proposed district board could choose not to implement the entire $0.60 but they would have the authority to levy up to that amount. Laurel Roark, citizen CAP 111413 Page Mrs. Roark stated that she would like to speak on behalf of the Hispanic Community. The library is a main resource for them in every community. She explained the programs that the Hispanic community uses on a daily basis. If the libraries close it will have a huge impact on their way of life. Dorothy Throne, Citizen Mrs. Throne spoke on behalf of the seniors in the community. They use the library system as a social meeting place and are allowed to use the computers for training, the books for reading, and the classes for a socializing. They are also able to reserve the meeting rooms for clubs and events. Paula Bright, Citizen Mrs. Bright stated that she works for Noah's Arc and the Learning Center. They have been in business for 29 year and use the Central Point library for educating the kindergarten and preschool children. They provide summer programs that use the library for enrichment and alternative learning. The teachers use the library to help with their teaching. They encourage family reading night at the library. Closing any of the libraries would be a negative thing for any community. Amris Allemand, Citizen Ms. Allemand stated that she grew up going to the Central Point Library and is now an employee there. She cannot imagine how her life would have turned out without the library to help her through ruff times. The library has always been a positive place throughout her life by providing a place of refuge and learning. Kay Harrison, Citizen Mrs. Harrison was on the committee when the libraries were closed a few years back. They had were able to find someone other than the county to manage the branches but they were not able to find another funding source. There are still reasons to have libraries even if people are going electronic. She explained the importance of touching a book and being able to read print. Robert Michaels, White City Mr. Michaels presented a letter from Michael Moore in favor of keeping the libraries open. He explained the community center aspect of the libraries. He explained how story time and all the programs available at the libraries are important to the community. Librarians do not work at the library for a paycheck, they are there because of the value of the system and their love for the books. Carol Levy, Central Point Friends of the Library Mrs. Levy explained some of the programs and classes that the library offers for kids and adults. Children love to come to the library for story time where someone actually sits and reads a book to them. The loss of the library system will cause a huge loss in the community. Council Member George thanked the audience for reminding her how important the library system is. She spoke about the times that she took her family to the library and the memories they have because it was possible. CAP 111413 Page Ellie George made a motion to Approve Resolution No. 1381, approving a Jackson County Board Order to Initiate Formation of a Jackson County Library Special District and Consenting to the Inclusion of Central Point City Territory within the Boundaries of the District. Bruce Dingler seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; Kelly Geiger, yes; Ellie George, yes; and Rick Samuelson, yes. Motion approved. B. Resolution No. 1382, Adopting the Central Point Stormwater Master Plan Parks and Public Works Director Matt Samitore explained that the Council reviewed the Central Point Stormwater Master Plan at the October Study Session in preparation of approval of the proposed resolution. He outlined the executive summary and the priority ranking for future projects in regards to flood control. Flood plain /Stormwater Coordinator Stephanie Holtey will be holding neighborhood meetings to discuss the ranking of these projects and where they are in the larger scope of things. Bruce Dingier made a motion to approve Resolution No. 1382 Adopting the Central Point Stormwater Master Plan. Ellie George seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; Kelly Geiger, yes; Ellie George, yes; and Rick Samuelson, yes. Motion approved. C. Ordinance No. 1980, Amending Sections of 12.36 Trees of the Central Point Municipal Code Mr. Samitore explained there were no recommended changes at the first reading. The proposed tree regulations apply to individual significant or historic trees; all trees planted in or upon any public area or right -of -way; all trees planted in, or upon, any private property which directly affect public infrastructure including but not limited to sewers, water mains, sidewalks, streets, public property, or clear vision distances at street intersections; and all trees on developable land and subject to or undergoing development review such as site plan review, tentative subdivision review, or partition review. The Tree Guide will be returned to the Planning Commission for review and return to the Council after the recommended trees are removed from the disallowed list. Rick Samuelson made a motion to approve Ordinance No. 1980, Amending Sections of 12.36 Trees of the Central Point Municipal Code. Kelly Geiger seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; Kelly Geiger, yes; Ellie George, yes; and Rick Samuelson, yes. Motion approved. IX. BUSINESS A. Rogue Disposal & Recycling Annual Rate Adjustment CAP 111413 Page Mr. Clayton explained that this is an annual rate increase provided by the current franchise agreement with Rogue Disposal. If the Council does not agree with the recommended adjustment the City is required to respond to the franchise holder within a certain amount of time explaining their reasons for disagreement. Wendell Smith, Rogue Disposal Manager Mr. Smith updated the Council on the CnG fuel which is very clean and doesn't pollute the air. It is also very quiet for use in neighborhoods in the early morning hours. They have been a good improvement and they continue to convert more trucks and vehicles. They are currently working on a new software program to allow customers to go paperless. The leaf program starts in November. Mr. Wendell stated that Rogue Disposal provides a very comprehensive service for one of the lowest rates in the state. There was discussion regarding the increase and the justification for it. The Council would like to be informed of what the increase in fees would be used for each year. They don't want to see an increase just because it can be done. There was discussion regarding the cost of recycling. B. Discussion Regarding HB 3460 and possible revisions to the Central Point Municipal Code. Mr. Clayton presented HB 3460 which will provide regulation for setting up medical marijuana distribution facilities within the state of Oregon. The bill does not become effective until March 2014. A state committee is charged with providing rules for allowing such a facility to be established. The city of Medford has passed a rule that does not allow them to issue a business license to any business that is in violation of Loral, State or Federal laws. In doing so they revoked a current business license because it was against a federal law. City Attorney Sydnee Dreyer explained that the bill does not preempt the local cities from regulating the bill with their own ordinances. She thinks there could be issue if the local authority is blatant in disregard to state law. Currently if the state considers the dispensaries as a pharmacy there are two zones that they could locate in Central Point. The state has already put in place that they cannot be located within 1000 feet of any school. With these two regulations there are very few places a dispensary could be located within the city. The Council could decide to make the distance from a school wider, or add other areas such as open space, city parks or pathways. Currently we do not have any businesses within the city that have been issued a business license so we would not be revoking any current licenses in Central Point. The Police Chief would like to change the business license ordinance but does not want to open the city to court action. Mr. Clayton stated that the League of Oregon Cities was in support of the Bill with the understanding that cities would be able to regulate where they could be located. There has been talk about court action against cities like Medford who have changed their business licenses or codes to strictly outlaw them within their CAP 111413 Page boundaries. Mr. Rachor stated that the County is going to wait to make any changes until the state committee finishes with their rule making. There is a possibility this could be fought all the way to federal courts with some cities. Council was in agreement that we should review changes to the zoning codes and possible business license changes as a backup. Mr. Clayton will watch the state committee and report when any decisions are made. X. MAYOR'S REPORT Mayor Williams reported that he • Attended the study session this week. • Attended a meeting sponsored by Providence Hospital. • Presented the state of the city address to the Central Point Kiwanis Club. • Attended a MWC meeting where he presented a letter in regards to the way they handled their SDC increase methodology. XI. CITY MANAGER'S REPORT Mr. Clayton reported that • He will provide a letter to the Synards stating that the city is not interested in preparing a counter offer for their property. Council feels that the money should be spent on other items. • The Expo will be furloughing their employees for the month of December. They are cutting back on finances and trying to meet their budget challenge. • He has purchased a membership with the Jackson County Medford Chamber. We will be able to participate in their events. • The Medford Water Commission has requested SDC fees for the city acquiring the water system in the Hidden Grove Subdivision. Staff has prepared a strong letter explaining why there would be no SDC fees paid for the action of taking over the water system within this subdivision. • He will provide recreation program participation numbers in his weekly update. XII. COUNCIL REPORTS Council Member Allen Broderick reported that he attended the Study Session and the Parks and Recreation Foundation meeting. They were not able to hold the Foundation meeting because one member did not show up. They have been trying to get a meeting to appoint a new member to the foundation but there are never enough members to make a quorum. Council Members Kelly Geiger, Bruce Dingler and Ellie George all reported that they attended the Study Session. Council Member Rick Samuelson reported that he attended the Study Session and an RVCOG meeting. CAP 111413 Page] XIII. DEPARTMENT REPORTS City Attorney Sydnee Dreyer reported that she attended an event at the Crater Rock Museum. She had never been there before and was impressed with the facility. Police Chief Allison reported that they have graduated 14 new volunteers for the Police Department. They are still working on Dan and Joyce Tires property. They are still not in compliance and continue to have fines every day. Parks and Public Works Director Matt Samitore stated that • There will be a short tour of the Arboretum for the Park Commission. If the Council is interested in attending please contact Jennifer Boardman. • he would like a motion from Council for a street closure of south bound lane on Hwy 99 in front of the Rogue Creamery for the Ribbon Cutting ceremony on November 6". Kelly Geiger made a motion to approve the street closure of the south bound lane on Front Street in front of the Rogue Creamery for the official ribbon cutting ceremony on November 6'". Bruce Dinger seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Bruce Dingier, yes; Kelly Geiger, yes; Ellie George, yes; and Rick Samuelson, yes. Motion approved. XIV. EXECUTIVE SESSION - None XV. ADJOURNMENT Bruce Dingier moved to adjourn, Rick Samuelson seconded, all said "aye" and the Council Meeting was adjourned at 9:01 p.m. The foregoing minutes of the October 24, 2013 Council meeting were approved by the City Council at its meeting of November 14, 2013. Dated: Mayor Hank Williams ATTEST: City Recorder CAP 111413 Page City of Central Point, Orepn 140 5 Third $treek Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpo'ntoreeon fov Members of the Board, .A CENTRAL -_ ___ -_... Finance Department POINT -- October 24, 2013 On Monday October 21" I did an inventory in our supply room and discovered the following toners and ink cartridges had expired or the city no longer has the equipment: • (8) 122A HP Laserj et Print Cartridge for models 2550, 2820, 2840 • (2) 05A HP Lasejet Print Cartridge for models P2035, P2055 • (1) 61x HP Laserjet Print Cartridge for models 4100, 4101 (2) Q3964A HP Color Laserjet Imaging Drum for models 2550, 2820, 2840 (11) HP Ink Cartridge for Models 74, 75 • (3) HP Ink Cartridges for Model 920XL (4) HP Ink Cartridge Model 56 • (10) Miscellaneous Ink Cartridges for Canon Models • (2) HP Ink Cartridge for Model 58 • (2) HP Ink Cartridge for Model 98, 95 (2) HP Ink Cartridge for Model 57 (I) HP Ink Cartridge Model 60XL I contacted Staples and we are unable to return the cartridges due to the length of time that has transpired since our purchase and to the fact that they are expired. I spoke with our IT department and they informed me that our recycling program doesn't accept the cartridges but I have found a school in our community, Central Point Elementary, which is able to come and get them and recycle them for cash. The program is called Cash for Kids and attached you will find a list of the monetary value that they will receive through our donation. We would love to be able to help out our local youth as this money goes to after school programs, computers and other upgrades. Thank you for your time with this matter. cP�e- Elizabeth Riddle Purchasing Agent Finance Department CAP 111413 Page Fundraising for schools and organizations, Fund Raiser, Fund Raising, school fundraiser,... Page 1 of 2 IN KJ ET CARTRIDGES EFFECTIVE 09.23.11 PLEASE NOTE: Prices are subject to change. *price changes are highlighted Print this page INKJ6'f GARTRIDGC 1_151' .Ai•ill¢, CAri'L:, SiFbl -. HASLeP Hey% LL f PAGA'ARD, L$A.MARri, tiro.' -ti'I, >4:(f 4D6aCR GLi, SHARV APPLP,O M4609G /A (BC -05) $1.00 M8041G /C (BC -02) $1.00 GANONO BC -02 $1.50 CL -211 XL $1.25 PG -210 $0.75 BX -3 $1.00 CL -41 $1.75 PG -210 XL $1.25 CL -211 $0.75 CL -51 $2.00 PG -40 $0.10 CL -52 $0.25 PG -50 $1.00 DCLLo TO 529 (TRIAL) $0.50 TO 530 (A920C) $0.15 Series 7 Black $0.10 TO 530 (TRIAL) $0.15 7Y743 $0.15 Series 7 Color $0.10 TO 529 (A920B) $0.75 7Y745 $0.15 Series 11 Black $0.25 3F333 /Series 6 $0.25 Series 11 Color $0.25 HASLER3 Postal Meter Inkjets $2.00 HEWLETT PACKARDa 51626A $0.50 C6578A $1.25 CC640W ( #60 Black) $0.75 51626D $0.50 C6578D $1.25 CC641WN ( #60 XL $1.50 Black) 51626G $0.50 C6614A $0.25 CC643W ( #60 Color) $1.25 51633M $0.10 C6614D $0.25 CC644WN ( #60 XL $1.50 Color) 51640A $0.25 C6615A $0.25 CC653 ( #901 Black) $1.25 51645A $0.25 C6615D $0.25 CC654 ( #901 XL Black) $1.25 516456 $0.25 C6625A $0.75 CC656 ( #901 Color) $1.25 C1823D $0.75 C6656A $0.35 CD971AN (920) $0.35 C4902AN (940) $0.35 C6656AN $0.35 CD975AN (920) $0.35 C4903AN (940) $0.35 C6657A $1.00 CH561WN ( #61 Black) $1.25 C4904AN (940) $0.35 C8727A $0.50 CH562WN ( #61 Color) $1.25 C4905AN (940) $0.35 C8728A $2.00 CH563WN ( #61 XL $1.50 Black) C4906AN (940X1_) $0.35 C9351 ( #21) Standard $0.25 CH564WN ( #61 XL $1.50 Color) C4907AN (940XL) $0.35 C9352( #22) $1.25 CH634AN (920) $0.35 C490BAN (940XL) $0.35 CB316WN (564) $0.35 CH635AN (920) $0.35 C4909AN (940XL) $0.35 CB317WN (564) $0.35 CH636AN (920) $0.35 CB318WN (564) $0.35 CB319WN (564) $0.35 CB32OWN (564) $0.35 CB336W ( #74 XL) $0.15 CB338W ( #75 XL) $0.25 CAP111413 Page 11 httD // www. cartrideesforkids .com/inkieteartridee.html 10/74 /7017 Fundraising for schools and organizations, Fund Raiser, Fund Raising, school fundraiser, ... Page 2 of 2 L F.'X0 AR K�u ( #1) $0.10 1ONO227 ( #27) $0.15 18C0034 ( #34) $1.25 ( #2) $1.00 12A1970 $0.75 18C0035 ( #35) $1.25 ( #3) $1.00 12A1975 $0.75 18L0032 ( #82) $0.15 ( #4) $1.50 13400HC $0.25 18L0042 ( #83) $0.15 ( #5) $1.50 1341400 $0.25 18L0000 ( #88) $1.00 1ON0016 ( #16) $1.00 16G0055 $0.75 1ON0026 ( #26) $0.15 1700050 $0.75 10N0217(#17) $0.75 NEOPOSY(, Postal Meter Inkje[s $0.50 MICROBOAlD PRF19ML $0.50 PRF38ML $0.50 SHARP n) UXC703 $0.25 UXC70C $1.00 Click Here for shipping guidelines CAP 111413 Page 12 httu: / /www.cartridQ esforkids .corr /inkieteartridee.htnil 1i z Resolution Public Hearing regarding Derelict Structure at 332 N. 2nd CAP 111413 Page 13 MEMORANDUM TO: City Council City of Central Point FROM: Sydnee Dreyer RE: Demolition of Derelict Structure located at 332 N. Second Street and owned by General Property Group, LLC DATE: November 4, 2013 The structure located at 332 N. Second Street has been unoccupied for 20 years and has been in a state of disrepair for more than 9 years. It has become overgrown with weeds and berry bushes and the structure has fallen into disrepair. In 2010 the former 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 former City Attorney, Paul Nolte 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. On or about June 2013, the Council was advised that the subject property was being sold to General Property Group, LLC. The new owner's agent testified before Council that it was aware that the subject property was deemed a derelict structure by the City and that it intended to repair and restore the structure and surrounding property. On August 8, 2013, the new owner again testified before Council that it was taking steps to make the repairs and requesting additional time to repair the structure. The Council agreed to extend the time for repairing the structure until November 14, 2013. In the event the structure was not substantially repaired by that date, the Council would seek authority in Municipal Court to demolish the structure. Shortly after the August meeting, the new owners pulled a building permit to commence repairs, but since that time it appears no work has been conducted to the interior or exterior of the property. Nor has the new owner maintained any contact with the City. CAP 111413 Page 14 On August 26, 2013, I sent a letter to the owners (letter attached) that the structure was in violation of the derelict structure ordinance and that if it was not repaired by November 14, 2013, the City would seek authority to have it demolished and charge the costs to the owner. 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 November 14, 2013, 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 Gen against the property. CAP 111413 Page 15 ATTORNEYS AT LAW November 5, 2013 Writer's Direct E-mail: sbdQ.dfordlaw.uet Writer's Msismut Laurie Miller ■ Via Certified Mail and First Class Mail MEDFORD OFFICE General Property Group, LLC 823 Alder Creels Drive Ci0 Kevin Curtin Medford, OR 97504 541 -772 -1977 15800 SW Boones Ferry Road, Suite A -3 Fax 541 -772 -3443 Lake Oswego, OR 97035 ASHLAND OFFICE RE: Derelict Structure 125 N. 2nd street 332 N. Second Street, Central Point Ashland, OR 97520 541- 482 -8491 To whom it may concern: Pax: 541 4 82-917 3 The City of Central Point requested me to institute proceedings to demolish a of ,a@medfordlaw.net structure owned by you located at 332 N. Second Street, Central Point. Under the ..cdfordlaw.net 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 liened for this amount. If the Gen is not paid the City could then seek foreclosure of the lien and have the property sold. Patrick G. Hoyeke On August 8, 2013, your agent testified before the City Council that the owner Dat,al IF O'Connor' intended to repair the property and requested an extension of three months to Da,.1 R. Tarvis complete such repairs. The Council agreed. On August 26, 2013, 1 sent a letter to Sydnee B. Dreyer you via first class and certified mail, as a courtesy to you, advising you that the Joseph R. Davie Council was giving you until November 14, 2013, to repair and restore the Erik J. clan, property or proceedings would be instituted to demolish the structure. Enclosed is a copy of the Resolution that is being presented to the City Council at its meeting on November 14, 2013, to initiate proceedings in Municipal Court to demolish the structure at 332 N. Second Street. You will have an opportunity to appear before the City Council on November 14 to address the draft resolution, as well as an opportunity to testify at the hearing in Municipal Court. 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. 'Ale, admlttrAh: Washf» yNn CAP111413 Page 16 General Property Group, LLC c/o Kevin Curtin November 5, 2013 Page 2 of 2 You or your attorney may contact me at the address, phone or email as provided in the letterhead. Yours truly, HUYCKE, O'CONNOR, JARVIS, DREYER, DAVIS & GLATTE LLP SYDNEE .D YER SBD:Iam Enclosure c via email: Clods Clayton, City Manager Central Point City Council Derek Zwagennan, City Building Manager Deanna Casey, City Recorder CAP 111413 Page 17 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 GENERAL PROPERTY GROUP, LLC. 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 General Property Group, LLC., 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 of 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 2013. Mayor Hank Williams ATTEST: City Recorder CAP 111413 Page 18 Resolution Adding Sidewalk Cafe to Fee Schedule CAP 111413 Page 19 STAFF REPORT CENTRAL POINT STAFF REPORT November 14, 2013 Planning Department Tom Humphrey,AICP, Community Development Director/ AGENDAITEN: Consideration of a Resolution to the Planning Department Fee Schedule to Add a Permit Fee for Sidewalk Cafes STAFF SOURCE: Tom Humphrey, Community Development Director BACKGROUND: The City Council recently adopted a new ordinance which will permit Sidewalk Cafes giving qualifying businesses both opportunity and safeguards for outdoor dining and drinking. In order to implement the new ordinance, the Community Development Department will charge a small fee intended to commit interested businesses to the planning review process and which should also cover the cost of that brief review. ISSUES: There don't appear to be significant issues with this process. The provisions for Sidewalk Cafes have been used successfully in Ashland for years without any negative consequences EXHIBITS/ATTACHMENTS: Attachment "A " — Resolution No.____, A Resolution Amending City of Central Point, Planning Department Fee Schedule, Adding a Sidewalk Cafe Review Fee. ACTION: Consider proposed fee schedule amendment and approve as is or with revisions. RECOMMENDATION: Adopt Resolution No. , A Resolution Amending City of Central Point, Planning Department Fee Schedule, Adding a Sidewalk Cafe Review Fee. CAP 111413 Page 20 EXHIBIT A RESOLUTION NO. A RESOLUTION AMENDING THE PLANNING DEPARTMENT FEE SCHEDULE, ADDING A SIDEWALK CAFE REVIEW FEE IN THE CITY OF CENTRAL POINT RECITALS: A. The Central Point City Council (the "Council ") originally approved Resolution No. 1123 adopting planning and public works fees in September 2006 based on work conducted by a consultant to determine reasonable hourly billing rates and cost recovery; and B. The City has not altered or amended the Planning Department billing rates since 2006; and C. The Council's action to adopt an ordinance to allow Sidewalk Cafes necessitates the creation of a planning review fee which was not previously included in the fee schedule; therefore The City of Central Point resolves as follows: Section 1: The City Council of the City of Central Point, Oregon amendsthe Planning Department Fee Schedule, Exhibit A, Adding a Sidewalk Cafe Review Fee. Passed by the Council and signed by me in authentication of its passage this __ day of 2011 Mayor Hank Williams ATTEST: City Recorder CAP 111413 Page 21 City of Central Point Planning Department Fee Schedule- 2013 Tvne ofAction CPMCSection Review Procedure Adopted Fee Annexation 01.20.040 Type IV 53,875 Right of Way Vacation 12.28.020 Type IV 53,764 Tentative Subdivision Plan 16.10.010 Type III 54,736 Minor Land Partition 16.10.010 Type II 53,128 Final Plat Application 16.12.020 Type II 51,211 Non - Conforming Zone Reclassification Application 17.56.040 Type II 52,303 Home Occupation 17.60.190 Type I S 146 PUD Application 17.68.030 Type III 57,942 Site Plan Review (staff level) 17.72.021 Type II 52,921 Conditional Use Permit 17.76.011 Type III 53,108 Comp Plan Amendment 17.96.010 Type III/IV 59,287 Site Plan Review (PIC) 17.72.010 Type II 52,555 Lot Line Adjustment Type l 51,236 Temporary Use S 225 Address Change Request Type I S 112 /unit Business Licenses S 50 Sidewalk Cafe 5.10.010 1ypeI S 50 Code Interpretation S 562 Variance (staff level) 17.13.300 Type II 51,573 Variance (P /C) 17.13.400 Type III 52,993 Amendment /Zone/Text 17.88.030 Type III/IV 52,770 Appeals to Planning Commission or Council Type IUIII S1,011 Ballot Measure 37 Claim 17.98.070 Type II (Uncategorized) S 550 Amendments to 17.72.060 Approved Plans 51,124 minor /52,247 major Planning Review of Residential Building Permit S 31 Planning Review of Commercial Building Permit S 63 Pre - Application Conference S 250 Hourly Billing Rate S 127 GIS Map (Large) S 15 each GIS Map (Medium) S 10 each GIS Map (Small) S 5 each CAP 111413 Page 22 Business Audit Report CAP 111413 Page 23 Pry CENTRAL Staff Report POINT To: Mayor &Council From: Bev Adams, Finance Director Date: November 14, 2013 Subject: June 30, 2013 Comprehensive Annual Financial Report Background: Finance Department Be, Adams, Finanw Director The City of Central Point's June 30, 2013 Comprehensive Annual Financial Report (CAFR) has been completed and copies will be handed out this evening. City auditor, Chris Dye, CPA, will give a brief overview of the audited statements. Mr. Dye is a partner in the firm of Johannsen, Dye & Purkeypile, CPA's located in Medford, Oregon. We have also completed the Government Finance Officers Association (GFOA) requirements to qualify the City for the national award of excellence in financial reporting. If the financial report is approved, it will be our sixth sequential year to receive the award. Feel free to ask Mr. Dye any questions or address concerns that you may have during this presentation Recommended Action: That Mayor and Council accept the June 30, 2013 Comprehensive Annual Financial Report. CAP 111413 Page 24 Business Downtown Beautification Project List Update CAP 111413 Page 25 Parks & Public Works Department Matt Samitore, Director CENTRAL 140 South 3` Street I Central Point, OR 97502 1 541.664.7602 1 www.centraIpointomgon.gov POINT November 4, 2013TO: Honorable Mayor and City Council FROM Matt Samitore, Parks & Public Works Director SUJECT: Downtown Beautification Project List PURPOSE: Update on Beautification Committee SUMMARY: The Downtown Beautification Group met in October to finalize their list of projects. With the appropriated amount two projects need council approval.. 1. Installing and banner on the easterly side of the Central Point Cleaners with a picture of historic Central Point. Cost approximately $4,000. Picture is attached. 2. Installation of new street banners. The banners are from local artist Jennifer Vranes. The banners would alternate on each pole. Public Works will pay for the banners to extend onto N. Front. Cost is estimated at $3,000. The total cost of all projects is $7,000. The Downtown Beautification Budget has approximately $5,000 left in unallocated funds. Before ordering any of the items listed, the City Council needs to approve the list of projects. The group forwarded two design concepts. One for the Cowley Building the second for a'living alley' concept for the block from 2 "d to 3rd as a detailed design. Public Works will pay for conceptual designs for the remainder of the alleys to 7`h Street. There has been some discussion on the fagade money that is currently un- allocated. Projects being proposed are painting the Cowley Building or lights for 'The Pointe' or Rostell Building along N. Third Street. The City could give a grant to install decorative lights that are installed on the building or we could buy 6 solar power lights (see pictures below) that could be used when a lighting plan for downtown is completed. Estimates for both lighting proposals are around $10,000. There is currently no estimate for the painting of the Cowley Building. RECOMMENDATION: Approve the mural and new banners. Discussion and recommendation on painting Cowley versus lighting of Rostell Building. CAP 111413 Page 26 Central Point Cleaners CAP 111413 Page 27 �T h ,F �y�� "L. SY� . �; �v. ,. �. a 1 - �.y _, � r ��' � ., -.p -.� '-�. •1 ! r�`�y; ',y 1�;r 1� X1'1' :Yji Business Planning Commission Report CAP 111413 Page 30 PLANNING DEPARTMENT MEMORANDUM Date: November 14, 2013 To: Honorable Mayor & Central Point City Council From: Tom Humphrey A1CP, Community Development Director Subject: Planning Commission Report The following items were presented by staff and discussed by the Planning Commission at a regularly scheduled meeting on November 5, 2013. A. Consideration of City Council request to make changes to a proposed Street Tree Guide presented by the Public Works and Parks Department. The Guide offers choices for trees that will promote species diversity, minimize damage to public infrastructure and be compatible with existing plantings. The Council asked that the Planning Commission consider removing three trees from the guide; the Flowering Plum, Sargent Cherry and the Japanese Flowering Cherry. The Commission concurred with the City Council request and approved the use of the Street Tree Guide excluding the three trees in the public right of way but giving property owners the right to use them on private property. B. Consideration of Municipal Code Amendments to Chapter 17.16 R -L Zoning; Chapter 17.57 Fences; Chapter 17.60 General Regulations; Chapter 17.65 TOD Districts and Corridors and Chapter 17.77 Accessory Dwelling Units. The Community Development Department proposed changes to code sections where it has noticed miscalculations, errors and inconsistencies. The Planning Commission entertained the changes, asked questions and concluded that it would be wise to clean up these sections of the zoning code. They noted that the City received no comment from the state and no one from the general public commented regarding the amendments. Consequently they recommended unanimous approval. Under general discussion, the Planning Commission was given a status report about revisions that the Community Development Department is making to the Sign Code. The Director is proceeding more cautiously and will enlist the support of other department heads and the City Attorney before bringing the changes to the Commission for a recommendation. CAP 111413 Page 31