HomeMy WebLinkAboutCAP012314CITY OF CENTRAL POINT
Central Point
City Council Meeting Agenda
City Hall
January 23, 2014
541- 664 -3321
City Council
Next Res. 1383
Mayor
Next Ord. 1981
Hank Williams
VII. ITEMS REMOVED FROM CONSENT AGENDA
Ward
I. REGULAR ME ETI NG CALLE D TO ORDER -7:00 P. M.
Bruce Dingler
Tom Humphrey,
II. PLEDGE OF ALLEGIANCE
Ward II
Kelly Geiger
15 -25 A. Ordinance No. Amending the Central Point
Finance
III. ROLL CALL
Ward III
17.60.030; 17.60.100; 17.65.050; and 17.77.070 to
Ellie George
IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment
Ward IV
on items that are not on the agenda.
Allen Broderick
27 -31 B. Resolution No. Increasing the Street and
Works
V. SPECIAL PRESENTATION
At Large
Replacement Base Fee (Samitore)
David Douglas
A. Multicultural Committee Scholarship Award
Rick Samuelson
32-46 C. Resolution No. Adopting the Telecommunications
Manager
B. Enterprise Zone Presentation
VI. CONSENTAGENDA
Administration
Page 2 - 6 A. Approval of January 9, 2014 Council Minutes
Chris Clayton, City
7-13 B. December Financial statement /Midyear Report
Manager
Deanna Casey, City
Recorder
VII. ITEMS REMOVED FROM CONSENT AGENDA
Community
Development
Tom Humphrey,
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
Director
15 -25 A. Ordinance No. Amending the Central Point
Finance
Municipal Code Zoning Sections 17.16.020; 17.57.020;
Bev Adams,Director
17.60.030; 17.60.100; 17.65.050; and 17.77.070 to
Human Resources
Correct errors and Inconsistencies (Humphrey)
Barb Robson, Director
Parks and Public
27 -31 B. Resolution No. Increasing the Street and
Works
Storm Drain Utility Fees and Water Repair and
Matt Samitore,
Replacement Base Fee (Samitore)
Director
Jennifer Boardman,
32-46 C. Resolution No. Adopting the Telecommunications
Manager
__,
Franchise Agreement between Central Point and Hunter
Police
Communications (Clayton)
Kris Allison Chief
1:1�:11LyINt.Ytl
48 -52 A. Discussion regarding Potential Driving Range, Jackson County Expo
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XI I. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
� a►� J� a a x. � n �►�� x. y x. x y t.� e l
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executive session are not for publication or broadcast.
XV. ADJOURNMENT
Wa-
City of Central POlnt Oregon `^ENTRX Multicultural Committee
140 5 3rd Street, Central Point. OR 97502
Fran Cardeiro-5eudl, CIWr 541.664.3321 Fx 541b4. 634 POINT
Christina Garrett Vice Chair
w o-ntmlpointormn,wy Jill Gran Amy Sweet Cherie Reer
Rutedg% Vi via Rangel . Member,
MEMORANDUM
January 9, 2014
To: Honorable Mayor and City Council Members
Deanna Casey, City Recorder
From: Fran Cordeiro- Settall, Chair
Re: Multicultural Awareness Youth Award (MAYA) Presentation
In 2010, the City of Central Point Multiculmml Committee created the annual
Multicultural Awareness Youth Award Scholarship of $500.00 to be awarded to a Crater
High School Senior student applicant whom best promotes the dreams and/or goals of Dr.
Martin Luther King Jr.
In December 2013, the committee received an application from Rebecca Lynn Pettey and
her application was reviewed in our January 6ra, 2014 meeting for the MAYA
Scholarship and unanimously decided that she is most deserving of this award.
Her long term dedication for being the Leader of Craters Gender Sexuality Alliance with
also holding a seat on the Lotus Rising Projects i3osrd for I -12 years shows tenacity and
the willingness to be a resource for other students. Her passion for the Safe Schools Act
is to be commended and is indeed what we're looking for to award as our Scholarship
winner.
On behalf of the committee, it is our pleasure to announce that Rebecca Lynn Pettey is
the recipient of the MAYA Scholarship and respectfully request the presentation of our
award to be presented to her by the Mayor at the next Council meeting.
- Return to Agenda
Consent Agenda
CITY OF CENTRAL POINT
City Council Meeting Minutes
January 9, 2014
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: Kelly Geiger, Rick Samuelson, David
Douglas, and Ellie George were present. Allen Broderick
and Bruce Dingier were excused.
City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Police Chief Kris Allison; Community Development Director
Tom Humphrey; Parks and Public Works Director Matt
Santora; and City Recorder Deanna Casey were also
present.
IV. PUBLIC APPEARANCES - None
V. SPECIAL PRESENTATION —Water Conservation Strategies
Ed Olson from RH2 presented a report regarding a regional strategy to help with
Conservation in the Rogue Valley. This study was conducted by representatives
from the City of Central Point, Talent, Phoenix, Jacksonville, Eagle Point and the
Medford Water Commission. The city group was assisted by a contracted water
conservation specialist. This was paid for from a grant that was received through
the State of Oregon.
There are three recommendations the cities can choose to implement depending
on the amount of work they wish to put into the program. The idea is to provide
incentives to conserve water in many different ways. Some options include
changing the plumbing codes and reimbursement funds.
This conservation study gave us some good information but will do nothing if we
don't start to implement it. There is good information in the final report for each
entity to use. Mr. Clayton explained that none of the cities were able to dedicate
an employee to help facilitate the program and organize things region wide. The
study group has approached RVCOG to see if they would be able to help
implement this program.
VI. CONSENTAGENDA
A. Approval of December 12, 2013 City Council Minutes
B. Approval of OLCC Change of Ownership for Central Market
Kelly Geiger made a motion to approve the Consent Agenda as presented. David
Douglas seconded. Roll call: Hank Williams, yes; Kelly Geiger, yes; David Douglas, yes;
Rick Samuelson, yes; and Ellie George, yes. Motion approved.
City of Central Point
City Council Minutes
January 9, 2014
Pagc 2
VII. ITEMS REMOVED FROM CONSENT AGENDA - None
VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing and First Reading — Ordinance Amending the Central
Point Municipal Code Zoning Sections 17.16.020; 17.57.020;
17.60.030; 17.65.050; and 17.77.070 to Correct Errors and
Inconsistencies
Community Development Director Tom Humphrey explained the proposed
changes clean up some verbiage and conflicts within Title 17 of the Central Point
Municipal Code. He explained the proposed changes will delete the minimum
unobstructed street frontage; changes the side yard setback requirements for
fences in special situations; corrects an error in regulations for maximum density
for multifamily and senior housing per unit; adds assessor dwelling units to the R-
L District. There was discussion regarding the reason for changes to the
minimum and maximum density for multifamily and senior housing, and allowing
ADU's to be used for Home Occupations.
Mayor Williams asked about hedge height in the twin creeks area. This ordinance
does not amend the allowable height of hedges in Twin Creeks but they should
currently be limited to 6 feet. He was asked to review this code for future
discussion with the Council.
Mayor Williams opened the Public Hearing. No one came forward and the Public
Hearing was closed.
Ellie George made a motion to move to second reading an Ordinance
Amending the Central Point Municipal Code Zoning Sections 17.16.020;
17.57.020; 17.60.030; 17.65.050; and 17.77.070 to Correct Errors and
Inconsistencies. David Douglas seconded. Roll call: Hank Williams, yes; Kelly
Geiger, yes; David Douglas, yes; Rick Samuelson, yes; and Ellie George, yes.
Motion approved.
IX. BUSINESS
A. Medical Marijuana Dispensaries Update
City Manager Chris Clayton explained that the city has been contacted by
several people interested in locating a Marijuana Dispensary in Central Point. He
presented a map showing the areas in commercial zones C2M, C4, and C5.
They would be considered a conditional use and will need to be reviewed by the
Planning Commission. Title 5 would be amended to define dispensaries and
specify the conditions under which the dispensaries would be allowed through
the business license process.
Mr. Humphrey explained that the State will restrict a dispensary from being
located 1000 feet from a school, and cannot be located in a residential area. The
City of Cenbai Point
City Counal Minutes
January 9, 2014
Page 3
City would like to amend the code to include a 500 ft. buffer of any residential
zone. This allows a limited area for the dispensaries to be located but it does not
ban them outright. The areas presented on the map would allow at three
dispensaries within the proposed zones. The state restricts them from locating
within 1000 feet of another dispensary.
City Attorney Sydnee Dreyer explained what is happening at the state level. The
State guidelines and the additional requirements the city would require will
provide the opportunity of opening a dispensary within the city.
Parks and Public Works Director Matt Samitore stated that we will need to have
discussions with Jackson County regarding the availability of areas that are
outside our city limits but within our Urban Reserve area. The County should
include the city in any permit process that would be issued for dispensaries if
they are within Urban Reserve areas.
Mayor Williams opened the discussion to the public.
Mr. Jeff Seal, Rogue River resident
Mr. Seal stated that he has presented the City with a business plan for The
Compassionate Care Center, Inc. Mr. Seal appreciates that the City is willing to
consider changes to the Municipal Code that will allow the location of a
dispensary. He explained the type of membership dispensary he would like to
open for the citizens who hold medical marijuana cards. It would be considered a
private pharmacy where people could get information on the best type of medical
marijuana for them. This would be a place for citizens who have the prescription
to purchase it in a safe environment without going to the local guy on the street.
No one else came forward. Mayor Williams closed the public comment section.
It was explained that the Ordinance will continue to be revised as it goes before
the Citizens Advisory Commission and the Planning Commission. After it has
been reviewed by the State, the Council should see it the first meeting in
February. We hope to have the requirements in place before March 1, 2014.
B. South Haskell Street Extension
Mr. Samitore explained that in 2002 the City adopted a plan for the old Central
Point Mill site and approved a master plan for Cascade Meadows Development.
This has all been master planned with the Twin Creeks development identifying
Haskell Street as a Collector Street.
There is approximately 1000 feet North of Beall Lane that needs to be
connected. There is a small portion at the north end of Haskell that will be
completed when FEMA issues with Twin Creeks are resolved.
Two of the three properties are owned by developer Bob Fellows, who is willing
to either donate the right -of -way for the street improvements and /or install them
as part of his future development and receive SDC credits.
Cihjofc'Wmi%o [
City cmun lMCnut"
Jam.ry 9, 2014
Pug, 4
The other property is owned by Robert and Linda Quillen. The property has not
been annexed into the city and the owners have not shown any interest in
developing. Mr. and Mrs Quillen were in the audience and stated that they would
like to think about the prospects of developing. Staff said that they would keep
them involved in conversations. Mr. Samitore stated that this project would be
several years away because of other obligations for city funds.
Council discussed the necessity of completing the collector and relieving some of
the congestion at Pine and Haskell. This project and the Twin Creeks Rail
Crossing are necessary to help with the congestion around Mae Richardson
school. Both projects will give citizens options to avoid the school area.
X. MAYOR'S REPORT
Mayor Williams reported that he
• Attended the Medford Water Commission meeting. He presented a memo
to the Council to be part of the record (Exhibit A). He expressed how
discouraged he is with the MWC regarding the rate study and the limited
input they are allowing the cities. The cities are paying about 25% of the
study cost without the ability to provide input or even ask questions about
how the study is being conducted. He is very concerned that the MWC
Manager is not providing all the information that the Commission needs in
order to conduct the study. The study was initiated by the MWC at the
request of the cities, but they are not allowing the cities to participate in
the study.
• Will be meeting with representatives from Rogue Community College
about turning the Asante facility into a teaching facility for RCC students.
He is encouraged that there will be a RCC campus in Central Point in the
near future.
XI. CITY MANAGER'S REPORT
Mr. Clayton reported that
• He too was very discouraged by the actions of the MWC this week.
• He will be meeting with Rogue Disposal in regards to their labor
negotiations.
• He has been working with the City Attorney on the Hunter Franchise
Agreement to bring to the council next month.
• There will be an awards breakfast on January 30t' at Twin Creeks, the
Council members are encouraged to attend.
• There will be an article in the next City newsletter updating the citizens on
the increase in building permits.
• The next Study Session is scheduled for February 10'.
XII. COUNCIL REPORTS
City of c rind Point
City CrurLil Minutes
January 9, 2074
Page 5
Council Member David Douglas reported that he met with Mrs. Steale to discuss
his role as a Council Liaison for the district. The 4" of July Committee is starting
to meet to discuss the Run 4 Freedom event.
XIII. DEPARTMENT REPORTS
Community Development Director Tom Humphrey reported that:
• Business owners will be meeting with Mr. Schallard who is coming to
town for a presentation on January 28, 2014.
• he will be attending an RVACT meeting next week.
Parks and Public Works Director Matt Samitore reported that:
• During the big freeze in December there were several waterline breaks in
the park bathrooms. Several are still closed because plumbers have been
so busy.
• During construction at the Walgreens site some of the power to the street
lights were damaged. The developer is working on that problem.
• Staff is working on an RFQ for the Jewett storm drain and flooding issues.
• Mrs. Holley is working on a Safe Routes Committee to find safe travel for
students by sidewalks or pathways to schools. We hope to create a plan
and apply for grants to help with the sidewalks.
Police Chief Kris Allison reported that:
• There was a lock down at Mae Richardson in December. It was because
of a suspicious person on the property. All went well and it only lasted for
a few minutes. They hope to work with the School District on risk
assessment of all the school properties.
• that they were up 1000 caseloads over the last year. She attributes it to
staff being more proactive in solving cases and being active in the
community.
XIV. EXECUTIVE SESSION - None
XV. ADJOURNMENT
Kelly Geiger moved to adjourn, Rick Samuelson seconded, all said "aye" and the
Council Meeting was adjourned at 8:53 p.m.
The foregoing minutes of the January 9, 2014, Council meeting were approved by the
City Council at its meeting of January 23, 2014.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
Exhibit A
MEMO TO CENTRAL POINT COUNCIL
Date: January 9, 2014
Re: Water Commission meeting of 1 -8 -14 discussion of Rate Study
Yesterday's meeting, which I attended, was very discouraging to me. During the public input comment
period Chris Peters who works for RH2 Engineering, the other cities representative to the Rate Study
Focus Group sought direction directly from the Commission because it appeared that her role on the
Focus Group was being changed at the direction of the Manager, Larry Rains. The Commission Chair
started responding by stating that Mrs. Peters had been communicating inappropriately with the rate
study consultant, as described to the Commission by the Manager at the December 4 meeting. Chris
Peters explained that she did not violate Larry Raines rules in her communications with the consultant.
Mr. Raines, probably in an attempt to control or eliminate input from the cities, established that all
correspondence to the consultant needed to go through him and copied to all members of the focus
group. The a -mails between Mrs. Peters and the consultant were shared at the December 18 meeting.
They showed that Ms. Peters complied with the rules laid out by Mr. Rains. When the consultant e-
mailed Mrs. Peters directly with a question she answered in a reply. That reply was addressed to Mr.
Raines and the consultant and was copied to all members of the focus group. Mr. Rains misled the
commission members in telling them that Mrs. Peters was trying to control the study and not following
his rules. The commission chair, Jason Anderson, took management's side as did commission member
John Dailey. Lee Fortier, a member of the commission and the Focus Group, indicated that Mrs. Peters
did NOT violate the rules and was only asking questions that were important. His comments were
ignored by the rest of the Commission. Upon hearing that the cities' representative on the rate study
focus group would not be allowed to ask addition questions or provide input to the process, Joe Strahl,
Regional Manager for RH2 Engineering, and Chris Peters left the meeting. Later in the day, Joe Strahl
provided an email suggesting that further involvement by a city representative to the Focus Group
would probably be a waste of money underthe new rules.
This whole matter seems to put the Commission in a tough spot in that their manager has misled them.
What are they going to do about it? What else might he be misleading them about? The chair, an
attorney familiar with the Oregon Open Meeting Law, said thatthis was not the time to discuss this, yet
he was certainly willing to discuss it and hear accusations aboutthe conduct of the Focus Group when
neither Chris Peters orthe Commission's own representative on the Focus Group, Lee Fortier, were not
present to defend themselves or provide truthful information.
I feel that we cannot letthem sweep this underthe rug. When it was pointed out that the cities
probably paid 25% of the cost of the study in rates since we use 25% of the waterthey disagreed and
said thatthis was a Commission study and the study will be directed bythe Commission. I would not
agree with the percentage either as my study of their financials will show that their distribution costs
divided by the number of customers it is about $20 per month to each customer, not counting the cost
of the water. So they are selling at cost or below. Here in Central Point we pay 2 to 3 times their cost of
producing our water. In essence it appears to me that the cities are paying more than 25% of the cost of
this study. Whateverthe actual percentage, we are certainly paying a significant portion of the study,
the study was initiated by the Medford W ate r Commission at the request of the cities, and forth ese
reasons we should be involved with itto make surethatthe consultant understands our concerns and
addresses them to our satisfaction. That cannot h a open under the new ru l as that the Water
Commission is imposing onus. Even the old rules were more restrictive than the cities thought
reasonable but we were able to work with them. The new rules seem to make this whole study a
complete waste of time and resources as far as the cities are concerned.
Later in the meeting the subject of establishing a public relations firm was brought up by Commissioner
John Dailey. It was pointed out that they do not want to be reactive, but they even got "hate mail' over
the Harrington Ponds issue. I think they will need one.
Hank Williams, Mayor
A�
CENTRAL Finance Department
Staff Report POINT Bev Adams, Finance Director
To: Mayor & Council
From: Bev Adams, Finance Director 61
Date: January 23, 2014
Subject: December financial statements /mid -year report
Background:
Attached are the City of Central Point's financial statements as of December 31, 2013. Pages 1— 5 are Revenue
and Expenditure statements which now include audited fund balances. Page 6 is a Budget Compliance report
highlighting by department and fund the expenditures in relation to the budget as of the end of December.
As of December 3"t we are halfway(So %) through the 2013/14 budget year. Referring to page 6- our "report
card at a glance" you will see that Total City Operations are at 50.52% for the year— well within the acceptable
range and target. The High Tech Crime Fund (HTCTF) is over budget (127.17 %) because of unanticipated federal
grant funds received that require a supplemental budget. Also, the unanticipated "overlap" of the Highway 99
project in this fiscal year is the primary reason forthe over- budget in the Street Fund SDC budget and the
increase in the Street operations budget- all which will be resolved by supplemental budget in May 2014.
Highlights:
• Audited "Beginning Fund Balances" are highlighted in bold. All fund carryovers met or exceeded budget
estimates with the exception of the Building Fund ($18,977), the Reserve Fund ($404), and the Internal
Services Fund ($81,485).
• Property tax turnover: Current property taxes received at end of December are $3,889,746 - 88.9% of
budget, and 84-36% of the total tax levy. This is an increase over December 2012 which was $3,755,309-
85.84% of budget, and 83.45^ of the tax levy.
• Interestingly, municipal court revenues (Fines and Forfeitures) at end of this December are only $9,114
less than this same time last year. This is actually a significant increase over last year's revenue
considering that we no longer have the expense of operating the court. Some of this revenue is
attributed to outstanding fines that we still collect in -house - which will reduce over time.
• Building permits at December 31" are $72,880; almost exactly the same as December 2012 which was
$72,488.
• Water Fund "charges for services " (s1, 662, 911) is up from last year's $1,502,524, an encouraging increase
of $160,397. Charges for service includes water sales, penalties charges, public works fees, SDC's
collected, system repair and replacement, water connect charges, etc. Water sales alone contribute
$36,531 of this increase over last year at this time. Through these gains and holding on capital
improvement and repairs, the water fund balance has stabilized although slightly less than it a year ago
by (f 26,046).
Recommended Action:
That Council review and accept by motion the City of Central Point December 31, 2013 financial statements.
City of Central Point
Council Financial Statements
For period ending December 31, 2013
Expenditures by Department
Administration
668,600
297,657
Fts-rrea.tod 50.00%
4452%
City Enhancement
199,000
Year to Date
112,500
43.47%
Technical Services
555,500
2013114
Revenues &
46.79%
Percentage
59,750
35,146
Budget
Expenditures
Difference
)ceived /DSi
General Fund -10
464,561
46.66%
Parks &Recreation - Parks
785,400
352,169
Revenues
44.84%
Parks & Recreation - Recreation
495,350
172,089
323,261
Taxes
$5,928,500
$4,768,970
$1,159,530
80.44%
43.08%
Licenses & Fees
52,670
47,625
5,045
90.42%
Interdepartmental
Intergovernmental
653,400
213,224
440,176
32.63%
98,500
Charges for Service
816,500
409,193
407,307
50.12%
0
Fines and Forfeitures
147,500
67,880
79,620
46.02%
4,605,325
Interest Income
30,000
15,251
14,750
50.84%
Miscellaneous
141,100
27,288
113,812
19.34%
Ending Fund Balance
Transfers In
0
0
0
0.00%
Total Revenues
7,769,670
5,549,432
2,220,238
71.42%
Percentage
Expenditures by Department
Administration
668,600
297,657
370,943
4452%
City Enhancement
199,000
86,500
112,500
43.47%
Technical Services
555,500
259,897
295,603
46.79%
Mayor &Council
59,750
35,146
24,604
56.82%
Finance
870,900
406,339
464,561
46.66%
Parks &Recreation - Parks
785,400
352,169
433,231
44.84%
Parks & Recreation - Recreation
495,350
172,089
323,261
34.74%
Planning
462,800
199,377
263,423
43.08%
Police
4,010,440
1,958,975
2,051465
48.85%
Interdepartmental
236,000
120,265
115,735
50.96%
Transfers Out
98,500
98,500
0
100.00%
Contingency
150,000
0
150,000
0.00%
Total Expenditures by Department
8,592,240
3,986,915
4,605,325
46.40%
Net Change in Fund Balance
1,562,516
Beginning Fund Balance
2,518,770
2,553,192
34,422
Ending Fund Balance
1,696,200
4,115,709
2,419,509
2013114
Revenues &
Percentage
Budget
Expenditures
Difference
melvedi
High Tech Crime Task Force Fund
Revenues
Intergovernmental Revenue
$50,000
$238,433
($188,433)
47687%
Charges for Services
0
2000 ,
(2000) ,
0.00%
Miscellaneous
0
2,000
(2,000)
0.00%
Interfund Transfers
20,000
20,000
0
100.00%
Total Revenues
70,000
262,433
(192,433)
374.90%
Expenditures
Operations
96,500
122,715
(26,215)
127.17%
Capital Outlay
0
0
0
0.00%
Contingency
0
0
0
0.00%
Total Expenditures
96,500
122,715
(26,215)
127.17%
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
139,718
35,200 62,800 27,600
8,700 202,518 193,818
Council Slmts 111712014
City of Central Point
Council Financial Statements
For period ending December 31, 2013
Fiscal rearm d 50.00
2013114
Revenues 8
Percentage
Budget
Expenditures
Difference
aceived /Use
Street Fund - 20
Revenues
Franchise Tax
$105,000
$56,399
$48,601
53.71%
Charges for Services
487,500
273,903
213,597
56.19%
Intergovernmental Revenue
1,413,000
931,623
481,377
65.93%
Interest Income
15,000
5,283
9,717
35.22%
Miscellaneous
3,000
3,216
(216)
107.21%
Transfers In
0
0
0
0.00%
Total Revenues
2,023,500
1,270,423
753,077
62.78%
Expenditures
Operations
2,030,800
$1,323,029
707,771
65.15%
SDC
247,700
316,008
(68,308)
127.58%
Contingency
100,000
0
100,000
0.00%
Total Expenditures
2,378,500
1,639,037
739,463
68.91%
Net Change in Fund Balance
(368,614)
Beginning Fund Balance
1,897,500
1,964,675
67,175
Ending Fund Balance
1,542,500
1,596,061
53,561
Housing Fund - 25
Revenues
Interest Income
$0
$0
$0
0.00%
Loan Principal Payments
10,000
0
10,000
0.00%
Total Revenues
10,000
0
10,000
0.00%
Expenditures
Materiels and Services
0
1,490
(1,490)
0.00%
Transfers Out
0
0
0
0.00%
Total Expenditures
0
1,490
(1,490)
0.00%
Net Change in Fund Balance
(1,490)
Beginning Fund Balance
0
0
0
Ending Fund Balance
10,000
(1 490)
(11.490)
Capital Improvement Fund -30
Revenues
Intergovernmental
$50,000
$0
$50,000
0.00%
Charges for Services
60,000
50,580
9,420
84.30%
Interest income
760
328
432
43.22%
Total Revenues
60,760
50,909
59,851
83.79%
Expenditures
Parks Projects
37,000
0
37,000
0.00%
Parks Projects - SDC
5,000
0
5DOD
0.00%
Transfers Out
35,000
5,000
30,000
0.00%
Total Expenditures
77,000
5,000
42,000
6.49%
Net Change in Fund Balance
45,909
Beginning Fund Balance
88,940
117,955
29,015
Ending Fund Balance
45,700
163,864
118,154
Council Stri
1/17/2014
City of Central Point
Council Financial Statements
For period ending December 31, 2013
Reserve Fund- 35
Revenues
Interest
Transfers In
Total Revenues
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Debt Service Fund- 40
Revenues
Charges for Service
Interest Income
Intergovernmental
Special Assessments
Transfers In
Total Revenues
Expenditures
Debt Service
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Building Fund- 50
Revenues
Charges for Service
Interest Income
Miscellaneous
Total Revenues
Expenditures
Personal Services
Materials and Services
Contingency
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Council Stmts
Fiscal Year to d 50.00%
Year to Date
2013114 Revenues & Percentage
Budget Expenditures Difference tceived /Us,
$4,000 $1,330 $2,670 33.26%
80,000 80,000 0 100.00%
84,000 81,330 0 96.82%
81,330
487,500 487,096 (404)
571,500 568,426 (3,074)
$591,500
$98,237
$493,263
1661%
250
43
207
17,10%
162,900
162,864
36
99.98%
60,050
42,257
17,793
70.37%
198,800
198,800
0
100.00%
1,013,500
502,200
511,300
49.55%
1,009,850
523,864
485,786
51.89%
1,009,650
523,864
485,786
51.89%
(21,663)
21,900 47,016 25,116
25,750 25,353 (397)
$119,000
$72,880
$46,120
61.24%
1,500
447
1,053
29.80%
0
65
(65)
000%
120,500
73,392
47,108
60.91%
157,000
94,267
62,733
60.04%
14,100
5,687
8,413
40.34%
2,500
0
2,500
0.00%
173,600
99,954
73,646
57.58%
(26 563)
156,800 137,823 (18977)
103,700 111,260 7,560
1117/2014
10
City of Central Point
Council Financial Statements
For period ending December 31, 2013
F$CBr Ywl 1.d 50.00%
Council Stmts 111712014
Year to Date
2013114
Revenues &
Percentage
Budget
Expenditures
Difference
!ceived)Us,
Water Fund - 55
Revenues
Charges for Services
$2,779,500
$1,662,911
$1,116,589
59.83%
Interest Income
10,000
2,978
7,022
29.78%
Miscellaneous
5,000
142,350
(137350)
2847.00%
Total Revenues
2,794,500
1,808,240
986,260
64.71%
Expenditures
Operations
2,657,500
1,437,627
1219,873
54.10%
SDC Improvements
5,000
0
5,000
0.00%
Contingency
145,000
0
145,000
0.00%
Total Expenditures
2,807,500
1,437,627
1,369,873
51.21%
Net Change in Fund Balance
370,613
Beginning Fund Balance
1,242,400
1.299427
57027
Ending Fund Balance
1,299,900
1,670,040
370,140
Stormwater Fund - 57
Revenues
Charges for Services
$838,000
$421,504
$416,496
5030%
Interest Income
5,000
1,738
3,262
34.76%
Miscellaneous
0
0
0
0.00%
Total Revenues
843,000
423,242
419,758
50.21%
Expenditures
Operations
686,750
328,045
358,705
47.77%
SDC
41,500
1,240
40,260
2.99%
Contingency
43,000
0
43,000
0.00%
Total Expenditures
771,250
329,285
441,965
42.69%
Net Change in Fund Balance
93,957
Beginning Fund Balance
606,300
662,025
55,725
Ending Fund Balance
576,050
755,982
179,932
Council Stmts 111712014
City of Central Point
Council Financial Statements
For period ending December 31, 2013
Council Stmts 1/17/2014
12
Flscal Year roe 50.00%
Year to Date
2013114
Revenues 8
Percentage
Budget
Expenditures
Difference
rceived /Usi
Internal Services Fund - 60
Revenues
Charges for Services
$1,157300
$581,879
$575,421
50.28%
Intergovernmental
0
0
0
0.00%
Interest Income
2,500
904
1,596
36.15%
Miscellaneous
5,000
12918
(7918)
258.36%
Total Revenues
1,164,800
595,701
569,099
51.14%
Expenditures
Facilities Maintenance
284,000
84,951
199,050
29.91
PW Administration
685,750
306,045
379,705
44.63%
PW Fleet Maintenance
294,800
92,591
202r209
31.41
Contingency
0
0
0
0.00%
Interfund Transfers
80,000
80,000
0
0.00%
Total Expenditures
1,344,550
563,587
780,963
41.92%
Net Change in Fund Balance
32,114
Beginning Fund Balance
314,800
233,315
(81,485)
Ending Fund Balance
135,050
265,429
130,379
Council Stmts 1/17/2014
12
City of Central Point
Budget Compliance Report
For period ending December 31, 2013
Housing
Materials and Services
0
Fiscal Year to date
50.09%
(1,490)
2013114
Year to Date
Percent
0
0.00%
Budget
Expenditures
Used
Difference
General Administration
$668,600
$297657
44.52%
$370,943
City Enhancement
199,000
86,500
43.47%
112,500
Technical Services
555,500
259,897
46.79%
295,503
Mayor and Council
59,750
35,146
58.02%
24,604
Finance
870,900
406339
46.66%
464,561
Parks B Recreation - Packs
785400
352,169
44.84%
433,231
Parks B Recreation - Recreation
495,350
172,089
3474%
323,261
Community Development
462,800
199,377
43.08%
263,423
Police
4,010,440
1,958,975
4885%
2,051,465
Interdepartmental
236,000
120,265
50.96%
115,735
Transfers
98,500
95,500
100.00%
0
Contingency
150,000
0
0.00%
150,000
1,437627
8,592 240
3 986,915
46.40%
4,605,326
HTCTF
0
0.00%
5,000
Materials and Services
96,500
122,715
127.17%
(26215)
96,600
122,715
127.17%
(26,216)
Street Operations
2,030,800
1,357,581
66.85%
673,219
SIC Improvements
247,700
316,008
127.58%
(68,308)
Contingency
100,000
0
0.00%
100,000
43,000
2,378,500
1,673,589
70.36%
704,911
Housing
Materials and Services
0
1,490
0.00%
(1,490)
Transfers
0
0
0.00%
0
0
1,490
0.00%
(1490)
Capital Projects
Park Projects
37,000
0
0.00%
37,000
Park Projects - SDC
15600
0
0.00%
15,000
Transfers
5,000
5,000
0.00%
0
57,000
5,000
0.77%
62,000
Debt Service
Debt Service
1,009,650
-623,86451.89%
485,786
Building
Personnel Services
157,000
94,267
60.04%
62,733
Materials and Services
14,100
5,687
40.34%
8413
Contingency
2,500
0
0.00%
2,500
173,600
99,954
57.581%
73,646
Water
Operations
2,657,500
1,437627
54.10%
1.219,873
SEC Improvements
5,000
0
0.00%
5,000
Contingency
145,000
0
0.00%
145,000
2,807 500
1,437,627
51.211.
1,359,873
Stormviater
Operations
686,750
328,045
47.77%
358,705
SDC Improvements
41,500
1,240
2.99%
40,260
Contingency
43,000
0
0.00%
43,000
771,250
329,285
42.699A
441,965
Internal Services
Facilities Maintenance
284,000
84,951
29.91%
199,050
PWAdministraticn
685,750
306045
44.63%
379,705
PW Fleet Maintenance
294,800
92,591
3141%
202,209
1,264,550
483,587
38.2494,
700,963
Total City Operations
$17.150,790
E3,664026
50 52%
$8,486.764
December 2013 Financial
Statement.xlsx
1116/gG14
6
ORDINANCE
AMENDING THE CENTRAL
POINT MUNICIPAL CODE
ZONING SECTIONS
17.16.020; 17.57.020;
17.60.100;
17.65.050 AND 17.77.070
TO CORRECT ERRORS AND
INCONSISTENCIES
14
Planning Department
STAFF REPORT CENTRAL Tom Hu mphreBAlCe
POINTCommunity Development Director/
STAFF REPORT
January 23, 2014
AGENDAITEM:
Second Reading of Municipal Code Amendments to Chapter 17.16 R -L Zoning; 17.57 Fences; 17.60
General Regulations; 17.65 TOD Districts and Corridors; and 17.77 Accessory Dwelling Units (ADO).
STAFF SOURCE:
Tom Humphrey, Community Development Director
BACKGROUND:
The above mentioned municipal code were discussed with the Council at their last meeting. The issue
raised by Councilwoman George regarding minimum and average lot areas for multifamily and senior
housing (Section 17.65) was further researched. Additional changes are recommended in Section 3 below
to make the TOD District Zoning Standards consistent throughout. The following sections coincide with
the sections listed in the attached ordinance (Attachment A).
Section 1, adds Accessory Dwelling Units to the R -L, Residential Low- Density District which has
historically allowed guesthouses already. Standards for ADUs are referenced to Chapter 17.77.
Section 2, changes the side yard setback requirements for fences which are not the same for buildings and
which should be allowed on the property line.
Section 3, deletes the minimum square footage building permit requirement for accessory building,
deferring instead to the building code.
Section 4, corrects an error to the zoning regulations for multifamily and senior housing so that the
maximum density is not limited by the land area per unit.
Section 5, deletes the minimum unobstructed street frontage of 25 feet in favor of a distance approved by
the fire district that the use of the standard was intended to satisfy.
ISSUES:
The Planning Commission reviewed these amendments without objection and unanimously recommended
approval. The proposed changes were also sent to the Department for Land Conservation and
Development (DLCD) who had no comment in favor of or opposing the code changes.
EXHIBITS /ATTACHMENTS:
Attachment "A" Ordinance No. , An Ordinance Amending the Central Point Municipal Code
Zoning Sections to Correct Hrrors and Inconsistencies
ACTION:
Consider proposed amendments and 1) adopt the ordinance, 2) make further revisions and postpone
action on the ordinance at this time or 3) deny the ordinance.
Discuss additional revisions in response to questions raised at the public hearing and adopt the ordinance.
Return to Agenda
Page I of 1 15
EXHIBIT_
Chapter 17.16
RESIDENTIAL LOW - DENSITY DISTRICT
17.16.020 Permitted uses.
_.... ............ ............... .......... .......................................
_ ............... ..
The following uses and their accessory uses are permitted in the R -L district:
A. Single - family dwelling,
B. Single- family manufactured home, as defined in Section 17.08.010, and subject to the following conditions:
1. The manufactured home shall be multi - sectional and enclose a space of not less than one
thousand square feet.
2. The manufactured home shall be placed on an excavated and back -filled foundation and
enclosed at the perimeter such that the manufactured home is located not more than twelve
inches above grade.
3. The manufactured home shall have a pitched roof, with a minimum slope of three feet in
height for each twelve feet in width.
4. The manufactured home shall have exterior siding and roofing which in color, material and
appearance is similar to the exterior siding and roofing material commonly used on residential
dwellings within Central Point or which is comparable to the predominant materials used on
surrounding dwellings as determined by the city.
5. The manufactured home shall be certified by the manufacturer to have an exterior thermal
envelope meeting performance standards which reduce levels equivalent to the performance
standards required of single - family dwellings constructed under the state building code as
defined in ORS 455.010.
6. The manufactured home shall have a garage or carport constructed of like material, The city
may require an attached or detached garage in lieu of a carport where such is consistent with
the predominant construction of dwellings in the immediately surrounding area.
7. In addition to the foregoing, a manufactured home and the lot upon which it is sited shall
comply with any and all development standards, architectural requirements and minimum size
16
EXHIBIT_
requirements with which conventional single - family residential dwellings on the same lot would
be required to comply.
C. Accessory uses are permitted as follows:
1. Guesthouse, /Accessory Dwelling Unit as
defined in Chapter 17.77;
2. Greenhouse for domestic noncommercial gardening;
3. Personal hobby or work shop,
4. Garage and other storage buildings for personal, noncommercial use
D. Residential homes.
E. Residential facilities, as that term is defined in Oregon Revised Statutes 197.660(1); provided, however, the
city may require an applicant proposing to site a residential facility to supply the city with a copy of the entire
application and supporting documentation for slate licensing of the facility, except for information which is
exempt from public disclosure under ORS 192.496 to 192.530. (Ord. 1684 §28, 1993; Ord. 1529 §1 (part),
1984; Ord. 1436 §2(part), 1981).
17
EXHIBIT
Chapter 17.57
FENCES
Sections:
17.57.010 Chapter application.
17.57.020 General regulations.
17.57.030 Fences in the stream setback area.
17.57.040 Prohibited fence types.
17.57.050 Violation--Penalty.
17.57.010 Chapter application.
This chapter will apply to all zone classifications within the city as listed in this title. All of the provisions
of Chapter 12_20 and Chapter 17_67 relating to the location, placement, and height of fences are also
applicable to fences affected by this chapter. (Ord. 1846 §2(part), 2003).
17.57.020 General regulations.
A. Fence Permits. A fence permit is required for all fences constructed within a public right -of -way, per
Section 12.20.020. Fences in the floodplain are regulated in accordance with the provisions established
in Section 8.24.260(A(.
B. Building Permits. A building permit for the following structures shall be accompanied by a permit fee
and a plan review fee in an amount based on valuation per the building department fee schedule as
adopted by the city:
1. Barriers around swimming pools, as required by the 2003 State of Oregon Dwelling Specialty Code,
Chapter 41 and Appendix G; and the 1998 Oregon Structural Specialty Code, Appendix Chapter 4;
2. Fences over six feet tall;
3. Masonry walls;
4. Retaining walls over four feet in height measured from the bottom of the footing to the top of the
wall; and
5. Retaining walls, any height, supporting a surcharge.
C. Setbacks and Design Criteria.
Fence Regulations
18
EXHIBIT_
a: A fence permit is required if fence is to be constructed in public right -of -way.
a -1: A building permit is required for fencing around swimming pools, fences over six feet in height,
masonry walls and retaining walls.
*b: Forty -two- inch -high maximum fences allowed within front setback area.
*c: No fencing will conflict with the sight distance requirements set by the public works department.
*d: Fence height will be measured from the finished grade on the side nearest the street.
e: See Section 8.24.26 A) for specific fence construction standards for fences located in or adjacent to a
recognized floodplain.
f: Requests for variances shall be made by application on such form as designated by the city manager
and will be reviewed in accordance with Chapter 17_05.
19
R -L
R -1
R -2
R -3
C -N
C-2(M)
C-4
C -5
M -1
M -2
Fence Permit Required
a,
a -1
a,
a -1
a,
a -1
a,
a -1
a,
a -1
a,
a -1
a,
a -1
a,
a -1
a,
a -1
a,
a -1
Front Yard Setback For 6' Fence
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
Side Yard Setback
Rear Yard Setback
-50'
S0'
S0'
S0'
50'
50'
-50'
-50'
50'
50'
0'
C'
0'
0'
0'
0'
0'
0'
0'
0'
Corner Lot
10'
c
10'
c
10'
c
10'
c
10'
c
10'
c
10'
c
10'
c
10'
c
10'
c
Masonry Walls, Retaining Walls,
Fences Over 6' in Height
Chain Link Fencing, Space- Board -Type
Fencing, etc.
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
Setbacks for Gates
20'
20'
20'
20'
20'
20'
20'
20'
20'
20'
Variances
f
f
f
f
f
f
f
f
f
f
a: A fence permit is required if fence is to be constructed in public right -of -way.
a -1: A building permit is required for fencing around swimming pools, fences over six feet in height,
masonry walls and retaining walls.
*b: Forty -two- inch -high maximum fences allowed within front setback area.
*c: No fencing will conflict with the sight distance requirements set by the public works department.
*d: Fence height will be measured from the finished grade on the side nearest the street.
e: See Section 8.24.26 A) for specific fence construction standards for fences located in or adjacent to a
recognized floodplain.
f: Requests for variances shall be made by application on such form as designated by the city manager
and will be reviewed in accordance with Chapter 17_05.
19
EXHIBIT_
Chapter 17.60
GENERAL REGULATIONS
17.60.03C Accessory buildings.
.... ..... ........ .. ............__ ____. _..........
Accessory buildings shall comply with all requirements for the principal use except where specifically modified
by this title and shall comply with the following limitations:
A. Regardless of the side and rear yard requirements of the district, in a residential (R) district a side or rear
yard not adjoining a street may be reduced to three feet, measured from the furthest protrusion or overhang, for
an accessory structure erected more than fifty -five feet from the street right -of -way line on which the lot fronts,
other than alleys, provided the structure is detached and separated from other buildings by ten feet or more.
B, Canvas - Covered Canopies and Other Temporary Structures. Temporary structures in residential (R) districts
shall not be permitted within a front setback and only within a side setback that does not abut a public right -cf-
way. Temporary structures within a side setback shall be at least three feet from the side lot line measured
from the furthest protrusion or overhang. Such structures are to be anchored to the ground in accordance with
building code requirements.
C. Structural Dimensions. All accessory buildings fetal;Aq GRG h ' ^''e- t.e.d «"^ ^'y'^"^' `^^' ^F ^..a:eWill require -a
be subject to the requirements of all building specialty codes adopted under the Central
Point Municipal Code.
1. Height. Accessory structures in residential (R) districts shall not exceed twenty -five feet if
detached from the main structure. Structures greater than fifteen feet but less than twenty -five
feet in height shall be set back a minimum of five feet from a side or rear lot line.
2. Width and Length. Garages and carports intended to satisfy the municipal code requirement
for two off- street covered parking spaces shall be a minimum interior dimension of twenty feet in
width by twenty feet in length. Standard garage doors shall be of adequate width to facilitate
safe passage and maneuvering of automobile traffic.
3. Alley Setback. Accessory structures in residential (R) districts which abut an alley, are used
as garages, and take their access from the alley shall have a setback of fifteen feet from the
rear property line. (Ord. 1818 §1(part), 2001; Ord. 1684 §53, 1993; Ord. 1436 §2(part), 1981).
20
EXHIBIT_
17.60.100 Proiections from
Bay windows, cornices, eaves, canopies, sunshades, gutters, chimneys, Flues, belt courses, leaders, sills,
pilasters, lintels, ornamental features and other similar architectural features may project not more than
eighteen inches into a required yard or into a required open space as established by coverage
standards. (Ord. 1436 §2(part), 1981).
EXHIBIT _
Chapter 17.65
TOD DISTRICTS AND CORRIDORS
17.6.5.9 50 Zoning regulations—TOR district.
A. Permitted Uses. Permitted uses in Table 1 are shown with a "P." These uses are allowed if they comply with
the applicable provisions of this title. They are subject to the same application and review process as other
permitted uses identified In this title.
B. Limited Uses. Limited uses in Table 1 are shown with an "L." These uses are allowed if they comply with the
specific limitations described in this chapter and the applicable provisions of this title. They are subject to the
same application and review process as other permitted uses identified in this title.
C. Conditional Uses. Conditional uses in Table 1 are shown with a "C." These uses are allowed if they comply
with the applicable provisions of this title. They are subject to the same application and review process as other
conditional uses identified in this title.
D, Density. The allowable residential density and employment building floor area are specified in Table 2.
E. Dimensional Standards. The dimensional standards for lot size, lot dimensions, building setbacks, and
building height are specified in Table 2.
F. Development Standards.
1. Housing Mix. The required housing mix for the TOD district is shown in Table 2.
2. Accessory Units. Accessory units are allowed as indicated in Table 1. Accessory units shall
meet the following standards:
a. A maximum of one accessory unit is permitted per lot,
b. The primary residence and/or the accessory unit on the lot must be owner - occupied;
c. An accessory unit shall have a maximum floor area of eight hundred square feet;
d. The applicable zoning standards in Table 2 shall be satisfied.
22
EXHIBIT_
Table 2
TOD District Zoning Standards
Standard
Zoning Districts
LMR
MMR
HMR
EC
GC
Density —Units Per Net Acre (f)
Maximum 12 32 NA NA NA
Minimum 6 14 30 NA NA
Dimensional Standards
Minimum Lot or Land Area /Unit
Large single - family 5,000 SF
Standard single - family 3,000 SF
NA
NA
NA NA
NA
NA
NA
NA
Zero lot line detached 2,700 SF
2,700 SF
NA
NA
NA
Attached row houses 2,000 SF
Multifamily and senior housing 2 ,000 -d6
Average Minimum Lot or Land Area /Unit
Large single - family 7,500 SF
1,500 SF
1,200 SF
NA
NA
4-19 1
7,000-56
1,000 SF
NA
NA
NA NA
NA
Standard single - family
4,500 SF
NA
NA
NA
-t
NA
Zero lot line detached
3,000 SIF 3,000 SF NA
NA NA
Attached row houses
2,500 SF 2,000 SIF 1,500 SF
NA NA
Multifamily and senior housing
2,699 6F
2,000S
1 500 SF
1500-SF
NA
Minimum Lot Width
Large single - family
50' NA NA NA
NA
Standard single - family
50' NA NA
NA
NA
Zero lot line detached
30' 30' NA
NA
NA
Attached row houses
24' 22' 18'
NA
NA
23
EXHIBIT_
Chapter 17.77
ACCESSORY DWELLING UNITS (ADU)
17 77.070 ADUs detached from single-family dwelling -- Special.
The following provisions shall be applicable to detached ADUs:
A. Water, sewer and solid waste collection may be by way of connections and service that is completely
separate, apart and independently metered from the single - family dwelling to which such ADU is accessory, or
by other means approved by the public works department.
B. All detached ADUs shall comply with all setback and separation requirements for detached accessory
buildings except that the minimum rear yard setback shall be ten feet.
C. Detached ADUs shall be designed in such a manner as to blend with or complement the architectural design
of the single - family dwelling to which such ADU is accessory; approval of such design shall be made by the
appeal board of adjustment.
D. Detached ADUs shall share the same hard - surfaced driveway as the single - family dwelling to which such
ADU is accessory, and shall have direct access to the street upon which the single - family dwelling fronts, or
take access from an alley. No new or additional curb cuts shall be permitted for the ADU, except on corner lots
where a new curb cut will be allowed on the street frontage having no existing curb cut.
E. Detached ADUs shall have an m,,.;m,nor,f' �� enty `v a feet G` unobstructed street frontage approved by the
with no intervening structures to ensure adequate visibility and access for emergency vehicles. (Ord.
1942 §3, 2010, Ord. 1884 (part), 2006).
24
ORDINANCE NO.
AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE ZONING SECTIONS TO
CORRECT ERRORS AND INCONSISTENCIES
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make revisions to its
municipal code which shall become part of the overall document and citation.
B. On November 5, 2013, by unanimous decision, the Central Point Planning Commission recommended
approcat of code amendments to Chapter 17.16 R -L Zoning; 17.57 Fences; 17.60 General
Regulations; 17.65 TOD Districts and Corridors; and 17.77 Accessory Dwelling Units (ADU).
C. On January 9, 2014, the City of Central Point City Council held a property advertised public hearing;
reviewed the Staff Report and findings; heard testimony and comments, and deliberated on approval of
the Municipal Code Amendments.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.76, (Exhibit "A ") adds Accessory Dwelling Units to the R -L, Residential Low -
Density District which has historically allowed guesthouses already. Standards for ADUs are referenced
to Chapter 17.77.
SECTION 2. Chapter 17.57, ( Exhibit "B ") changes the side yard setback requirements for fences
which are not the same for buildings and which should be allowed on the property line.
SECTION 3. Chapter 17.60, (Exhibit "C ") deletes the minimum square footage building permit
requirement for accessory building, deferring Instead to the building code.
SECTION 4. Chapter 17.65, (Exhibit "D ") corrects an error to the zoning regulations for multifamily
and senior housing so that the maximum density is not limited by the land area per unit.
SECTION S. Chapter 17.17, (Exhibit "E ") deletes the minimum unobstructed street frontage of 25
feet in favor of a distance approved by the fire district that the use of the standard was intended to
satisfy.
PASSED by the Council and signed by me in authentication of its passage this day of January 2014.
ATTEST:
City Recorder
25
Mayor I lank Williams
RESOLUTION
INCREASING THE
STREET AND STORM
DRAIN UTILITY FEES
AND THE WATER
REPAIR AND
REPLACEMENT BASE
FEE
26
w:bow
Parks & Public Work Department
CENTRAL
POINT
Oregon
STAFF REPORT
DATE: JANUARY 14, 2014
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAMITORE, DIRECTOR
Matt Samitore, Director
SUBJECT:
Increases to the street and storm utility fee
and the water repair and
replace (R &R)
base fee.
SUMMARY: In the fall of the 2013 City staff presented information to the City Council on the long
term health of each of the major funds. The report detailed with the information available at that
time that most of the funds were in good financial health and could deal with the majority of the long
term maintenance and Capital Improvements proposed over the next 20 years.
The only fund that was having issues was the street fund, which took a major hit in funding this year
in order to help the City's General Fund as well as the Water Fund (R &R). The changes to the fund
could be absorbed for one year, but could not be withstand the changes over the long term and still
meet the city's minimum maintenance for pavement preservation as well as matching for large
grants.
Since the time of the report the first year revenue from the development commission was released
which came in substantially smaller than originally thought. Also it was determined over the severe
cold weather that at least one of the 85 year old waterlines is having significant issues, as we had
two line breaks. The lines in question were supposed to be replaced as part of the development
commission, sometime between year 1 and year 12. Currently, with the revisions, it won't be until
after year 10 before any preliminary work can occur on those lines.
Staff is also proposing the elimination of the minimum and maximums to the street utility fee which
would help stabilize the street fund.
Staff is proposing two options for funding for the Council to review. The first, Option A, is more
aggressive as it increases the fund a total of $0.50, $0.42 and $0.10 each over the next three years.
The water R &R and street utility will each increase by $0.50 and the storm fund by $0.25.
Return to Agenda
140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
27
Option B, accomplishes the same except spreads out the increases by a maximum of $0.12 each
year over the next 10- years.
RECOMMENDATION: Staff recommends option A as it allows for funding for replacing the
waterlines in the downtown starting in the 2015 -2016 FY as well as starts to fix the major street
maintenance issues that exist on Highway 99.
Option A
Utility Funds
Current
2014
2015
2016
Streets
S
4.98
S
4.98
S
525 S
525
Storm Water
S
650
S
6.50
S
6.65 S
6.75
Water R&R
$
100
S
1.50
S
150 S
1.50
512.48
512.98
$13,40
513.50
Change
$0.50
$0,42
50.10
optlnn B
Utii!tr Finds
C,e ^t
2014
2015
2016 2017
2018 2010
2920
2C21
2022
2023
2024
Streets
S 456 S
5C2
S 5.06
S
5.10 515
5.19 523
°25
525
525
525
5.25
St,'A'ak,
S 650 S
654
S 6.58
5
6,62 6.65
6.69 677
587
59C
590
693
700
Water R&R
S 1 CC S
104
S ', G6
S
112 119
120 120
1 20
'. 29
t 41
t 50
150
512419
S126C
5272
S12,34 S1295
Ss3.08 S13.20
$13.32
5.344
S'3_E'
513.66
5375
Change
So '12
S012
5032 SC'2
50.12 SC 12
$0.'2
50.12
5012
4_012
SC C7
140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
28
RESOLUTION NO.
A RESOLUTION INCREASING THE STREET AND STORM DRAIN UTILITY FEES
AND THE WATER REPAIR AND REPLACMENT BASE FEE
Recitals:
A. The City of Central had staff repair a long term financial model to look at the health
of the various utility fees.
B. The Development Commission initial revenues were greatly less than originally
anticipated.
C. Waterlines in the downtown are starting to fail with regularity and will need to be
replaced.
The City of Central Point resolves as follows:
Section 1. Increase to the Water Repair and Replace, Street Utility and Storm Utility Fee
as described in Exhibit . The effective date of this revision is Much 1, 2014.
Passed by the Council and signed by me in authentication of its passage this _ _ day
of 2014.
Mayor Hank Williams
ATTEST:
City Recorder
29
Return to Agenda
EXHIBIT A
Exhibit A
Utility Funds
Current
20114
2015
2016
Streets
S 4.98
S
4.98
S
5.25
S
525
Storm Water
S 6.50
S.
6.50
S
6.65
S
6.75
Water R &R
S 1.00
S
1.50
S
150
S
1.50
SI2.48
S12.98
S13.40
$13.50
Change
$0.50
$0.42
$0.110
30
EXHIBIT B
EXHIM B
Utility Funds
Current
20$4
2021 2022
2015
2016
2017
2018
Streets
S 498
S- 502
S
5.06
S 5.10
5.15
5.19
Storm Water
S 6.50
S 654
S
658
S 6.62
6.65
6,69
Water R &R
S 1.00
S 104
S
1,08,
S 1 92
1.16
1.20
50.12
S12.48
512.60
5007
S12.72
$1284
S1296
S13.08
Change
$0.12
S0.12
$0.12
50.12
50.12
Utility Funds
20119
2020
2021 2022
2023
2024
Streets
5,23
525
525 5.25
525
525
Storm Water
6.77
6.87
6.90 6.90
693
7.00
Water R &R
1.29
1.20
1.29 14'
L50
1.50
S13.20
513.32
513.44 S13.56
51396
$13.75
Change
SO 1.2
50.12
50.12 50.12
5012
5007
31
RESOLUTION
RECOMMENDING ADOPTION
OF A TELECOMMUNICATIONS
FRANCHISE AGREEMENT
BETWEEN THE CITY OF
CENTRAL POINT AND HUNTER
COMMUNICATIONS, INC., dba
CORE DIGITAL SERVICES
32
STAFF REPORT
January 16, 2014
AGENDA ITEM: Telecommunications Franchise Agreement
Consideration of Resolution No. Recommending adoption of a
Telecommunications Franchise Agreement between the City of Central Point and Hunter
Communications, Inc., dba Core Digital Services.
STAFF SOURCE:
Chris Clayton, City Manager
Sydnee Dreyer, City Attorney
BACKGROUND:
Hunter Communications has requested the Central Point City Council consider a
franchise agreement that would permit Hunter Communications to continue offering
telecommunication services within the City's jurisdictional boundaries.
Hunter Communications initially entered into a franchise agreement with the City in
2008, which terminated in the fall of 2013, though the City and Hunter have been
continuing to operate under the terms of that original agreement until this new agreement
is executed. I Iunter Communications provides: High -Speed Fiber Optic Solutions; IT /IS
Support Services; Voice, Data & Video Cabling; Fiber Optics /O'FDR Construction &
Testing; Aerial Construction: Underground Construction; and Local & Wide Area
Networks connecting Southern Oregon's Educational Systems, City and County
Governments, Healthcare and Financial Institutions, and Businesses.
FISCAL IMPACTS
The proposed telecommunications franchise agreement with Hunter Communications
includes a fee equal to 7% of annual gross revenue. A review of the 2012 League of
Oregon Cities (LOC) franchise fee survey identified Hunter Communications had
existing franchise agreements with the following Oregon communities during the
2010/2011 fiscal cycle:
COMMUNITY FRANCHISE FEE/PRIVILEGE TAX FY 2010/11 REVENUE
Grants Pass 7% tax $1,785.00
Klamath Falls 7% fee $4,274.00
Any revenues generated during the term of this agreement will be allocated to the City's
general fund.
33
FINDINGS
1. Hunter Communications is a regulated public utility that is requesting permission to
offer telecommunications services to the citizens of Central Point.
2. The proposed franchise agreement meets the conditions established by both the 1996
Oregon Telecommunications Act and Chapter 12.40 (Telecommunications Infrastructure)
of the Central Point Municipal Code.
3. The proposed franchise agreement includes a term of five years with three automatic
renewal periods of five years each, unless terminated by either party.
4. Hunter Communications has requested a nonexclusive franchise to construct, install,
maintain, extend and operate a telecommunications utility in the City as designated in this
agreement.
5. The Ciq desires to set forth the terms and conditions by which Hunter
Communications may use the rights of way within the City.
6. The City of Central Point and Hunter Communications have agreed to terms as
designated in the proposed agreement.
ATTACHMENTS:
1. Telecommunications Franchise Resolution.
2. telecommunications utility Franchise Agreement between the City of Central Point
and Hunter Communications, Inc.
3. I lunter Communications Oregon Infrastructure Map
RECOMMENDATION:
Approve Resolution No. Adopting a Telecommunications Franchise Agreement
between the City of Central Point and Hunter Communications, Inc.
34
RESOLUTION NO.
A Resolution Approving a' Pelecommunicalions Franchise Agreement Between the City
of Central Point and Hunter Communications.
RECITALS:
A. Hunter Communications, Inc. dba Core Digital Services is requesting Council
Consideration of a proposed telecommunications franchise agreement.
B. The proposed franchise agreement between the City of Central Point and Hunter
Communications is for a period of 5 years.
C. The proposed franchise agreement meets the conditions established by the Oregon
Telecommunications Act of 1996 and Chapter 12.40 of the Central Point municipal code.
The City of Central Point resolves:
Section 1. The attached franchise agreement between the City of Central Point
and Hunter Communications, Inc. dba Core Digital Services is approved and the Mayor
is authorized to execute the agreement on behalf of the City.
Passed by the Council and signed by me in authentication of its passage
this day of January. 2014.
ATTEST:
Cite Recorder
Mayor Hank Williams
35
City of Central Point
Telecommunications Franchise Agreement
Hunter Communications, Inc.
Franchise agreement authorized pursuant to Central Point Municipal Code Chapter
12.40, Telecommunications Infrastructure, between the City of Central Point (City) and
Hunter Communications, Inc. (Grantee) and dated this day of , 20
Grant of franchise. Subject to the provisions and restrictions of this agreement
and the Charter and the Municipal Code of Central Point, City grants to Grantee
the non - exclusive privilege to use the public rights -of -way to construct and
maintain telecommunication facilities within the corporate limits of the City.
1.1 . For purposes of this agreement, and in addition to the definitions
contained in Chapter 12.40, Telecommunication Services means the
offering of telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the public,
regardless of the facilities used and Telecommunications is defined as
"the transmission, between or among points specified by the user, of
information of the user's choosing, without change in the form or content
of the information as sent and received."
1.2. Upon the annexation of any territory to the City, the rights of Grantee in
this agreement shall extend to the annexed territory to the extent the City
has such authority. All facilities owned, maintained, or operated by
Grantee located within any public rights of ways of the annexed territory
shall be subject to all of the terms of this agreement.
2. Term. The term of this franchise shall be five years from the date listed above
and shall renew automatically for 3 additional periods of 5 years each unless
written notice is given by either party 90 days before expiration of its intent to
terminate the franchise or unless terminated sooner as provided in this
agreement or as provided in Chapter 12.40. This franchise may be terminated by
the City at any time upon 30 days prior written notice to Grantee specifying
Grantee's failure to comply with the other provisions of this agreement or the
Municipal Code of Central Point, unless such default is remedied within the 30
day period. Said notice and termination shall not prejudice or limit any other
remedy of City. Upon termination or expiration of the franchise, Grantee shall
remove all of its facilities from the City's rights of way as provided in Chapter
12.40.
3. Fee.
3.1 Grantee shall pay as a franchise fee to the City, through the duration of
this franchise, an amount equal to seven percent of Grantee's gross
revenues. Payment of the franchise fee shall be made quarterly on or
before April 30, July 31, October 31 and January 31 for the calendar
Page 1 Hunter - Telecommunications Franchise Agr
36
Page 2
quarter immediately preceding each of these dates. Grantee shall pay a
pro rata fee for the last annual payment to the date of termination in
addition to any other sums due the City and shall make such payment
within 30 days of termination.
3.1.1. Gross revenue means revenue of Grantee or any affiliate of
Grantee in whatever form accrued from all sources in connection
with operation of the communication facilities throughout the entire
franchise area, and includes any amount even if separately
identified or accounted for by Grantee as franchise or other license
fees, including but not limited to, revenues from subscribers and
customers for internet access; installation fees, equipment fees,
and other fees related to the communications service; advertising
revenue; access and attachment charges paid to Grantee by other
communications services or carriers; and revenue from the sale or
lease of any wire, cable, facility, pole, duct, conduit or similar
transmission equipment. As used in this section, "internet access"
means access to content, information, electronic mail or other
services offered over the internet, including voice over internet
protocol (VOIP)." The fees and costs provided for in this franchise
are subject to applicable federal and state laws.
3.1.2. Should Grantee determine that any revenue from
Telecommunication Services or the use of Grantee's
telecommunication facilities within the City is excluded from gross
revenues, as defined above, because of federal or state laws,
Grantee shall in any case account for such revenue in each of its
payments. The accounting shall indicate the amount of revenue
that was not included in the calculation of the fee paid to the city
and the reason for the exclusion.
3.2. Franchise fee payments not received by the City on or before the due date
shall be assessed interest at the rate of one percent over the existing
prime rate as set by the bank with which the City contracts for its banking
services, compounded daily. Interest shall be due on the entire late
payment from the date on which the payment was due until the date on
which the City receives the payment.
Each payment shall be accompanied by a written report to the City,
verified by an officer or other authorized representative of Grantee,
containing an accurate statement in summarized form, as well as in detail,
of Grantee's gross revenues and the computation basis and method. Such
reports shall be in a form satisfactory to the City.
3.1 No acceptance of any payment by Grantee shall be construed as an
accord that the amount paid is, in fact, the correct amount, nor shall any
acceptance of payments be construed as a release of any claim the City
37
Hunter - Telecommunications Franchise Agr
Page 3
may have for further or additional sums payable. All amounts paid shall be
subject to confirmation and recomputation by the City, provided that such
audit and computation is completed within three years of the date any
audited and recomputed payment is due. If no such audit or financial
review is conducted within the three year period, then any claim that the
City might have had for additional compensation shall be forever waived
and relinquished. Grantee agrees to reimburse the City for:
3.3.1. The reasonable costs of such confirmation if the City's
recomputation discloses that Grantee has paid 95% or less of the
franchise fees owing for the period at issue upon receipt of an
invoice from the City showing such costs were actually incurred and
directly related to the audit; or
3.3.2. One -half of the reasonable costs of such confirmation if the City's
recomputation discloses that Grantee had paid more than 95% but
less than 98% of the franchise fees owing for the period at issue.
3.3.3. The City's costs which may be reimbursed under this section shall
not exceed $5,000.00 per audit or financial review.
3.3.4. If the City determines that Grantee made any underpayment, and
that the underpayment exceeded five percent of the amount due,
Grantee shall pay interest compounded at the rate of one percent
over the existing prime rate as set by the bank with which the City
contracts for its banking services, compounded monthly. Interest
shall be due on the entire underpayment from the date on which
payment was due until the date on which full payment is received.
3.3.5. If the City determines that Grantee has made any overpayment, it
shall immediately refund such overpayment to Grantee. If the
overpayment exceeded five percent of the amount due, City shall
pay interest compounded at the rate of one percent over the
existing prime rate as set by the bank with which the City contracts
for its banking services, compounded monthly. Interest shall be
due on the entire overpayment from the date on which the
overpayment was made until the date on which refund is made.
3.4. If Grantee disputes the City's determination of underpayment, Grantee
shall place the disputed amount in an escrow account until final resolution.
3.5. All Grantee's books, maps, and records directly concerning its gross
revenues under this franchise and its calculation of franchise fee
payments to the City shall be open for inspection by the proper officers or
agents of the City, upon no less than 48 hours prior written notice, during
normal business hours to determine the amount of compensation due the
38
Hunter- Telecommunications Franchise Agr
City under this franchise, and shall be kept so as to accurately show the
same.
3.6. Payment of the franchise fee shall not exempt Grantee from the payment
of any license fee, tax or charge on the business, occupation, property or
income of Grantee that may be lawfully imposed by the City or any other
taxing authority, except as may otherwise be provided in the ordinance or
laws imposing such other license fee, tax or charge.
3.7. Grantee shall make its telecommunications services available to the City
at its most favorable rate offered at the time of the request charged to a
similar user within Oregon for a similar volume of service, subject to any of
Grantee's tariffs or price lists on file with the Oregon Public Utilities
Commission. Grantee may deduct the applicable charges from franchise
fee payments. Other terms and conditions of such services may be
specified in a separate agreement between the City and Grantee.
4. Central Point Municipal Code Chapter 12, Charter and General Ordinances
to Apply.
4.1 Unless the context requires otherwise, words and phrases used in this
franchise shall have the same meaning as defined in Chapter 12.40,
Telecommunications Infrastructure. All of the provisions of Chapter 12.40
are incorporated by reference and made a part of this franchise. In the
event of any inconsistencies in the terms of this franchise and Chapter
12.40, the more restrictive provisions of Chapter 12.40 shall take
precedence over franchise terms unless Chapter 12.40 specifically
authorizes the franchise to provide otherwise.
4.2 The Charter of the City and general ordinance provisions of the City
affecting matters of general City concern and not merely existing
contractual rights of Grantee, now in effect or adopted in the future, are
incorporated by reference and made a part of this franchise. Nothing in
this franchise shall be deemed to waive the requirements of the various
codes and ordinances of the City regarding permits, fees to be paid, or the
manner of construction.
5. General Financial and Insurance Provisions.
5.1. Grantee shall secure and maintain the following liability insurance policies
insuring both Grantee and City, its elected and appointed officers, officials,
agents and employees as coinsured during the term of this agreement:
Bodily Injury/Death: $1,000,000
Property Damage: $1,000,000
Automobile Liability: $1,000,000
Workers' Compensation: $1,000,000
Page 4 Hunter - Telecommunications Franchise Agr
39
Explosion, Collapse, Product Hazard: $1,000,000
In lieu of the above, Grantee may provide evidence of self- insurance
subject to review and acceptance by City.
6. Covenant to Indemnify and Hold City Harmless.
6.1. Grantee shall defend, indemnify and hold the City and its officers,
employees, agents, elected officials, and representatives harmless from
and against any and all damages, losses and expenses, including
reasonable attorney's fees and costs of suit or defense, arising out of,
resulting from or alleged to arise out of or resulting from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct of the
Grantee or its affiliates, officers, employees, agents, contractors or
subcontractors in the construction, operation, maintenance, repair or
removal of its telecommunications facilities, and in providing or offering
telecommunications services over the facilities or network, whether such
acts or omissions are authorized, allowed or prohibited by Chapter
12.40 or by this agreement.
6.2. Grantee also shall indemnify the City for any damages, claims, additional
costs or expenses assessed against or payable by the City arising out of
or resulting, directly or indirectly, from Grantee's failure to remove, adjust
or relocate any of its facilities in the public rights -of -way in a timely manner
in accordance with a relocation schedule furnished to Grantee by the City
Engineer, unless Grantee's failure arises directly from the City's
negligence or willful misconduct.
6.3 Each party shall indemnify and hold the other harmless for any losses,
claims, damages, awards, penalties or injuries incurred by any third party,
including reasonable attorney's fees, which arise from any alleged breach
of such indemnifying party's representations and warranties made under
this Agreement, provided that the indemnifying party is promptly notified of
any such claims. The indemnifying party shall have the sole right to
defend such claims at its own expense. The other party shall provide, at
the indemnifying party's expense, such assistance in investigating and
defending such claims as the indemnifying party may reasonably request.
This indemnity shall survive the termination of this Agreement.
Construction and Relocation
7.1. Subject to applicable regulations of the City, Grantee may perform all
necessary construction to construct, operate and maintain its
telecommunications system. All construction and maintenance of any and
all telecommunications system facilities within public rights -of -way incident
to Grantee's provision of telecommunications services shall, regardless of
who performs installation or construction, be and remain the responsibility
Page 5 Hunter- Telecommunications Franchise Agr
40
of Grantee. Grantee shall apply for and obtain all permits (no -fee permits
are typically issued for franchise utilities) necessary for Installation or
construction of any such facilities, and for excavation and laying of any
telecommunications system facilities within City public rights -of -way
Grantee shall pay all applicable fees due for City construction permits.
7.2. Prior to beginning construction, Grantee shall provide the City with an
initial construction schedule for work in the public rights -of -way and the
estimated total cost of such work. The schedule shall be submitted at least
two weeks in advance of construction.
7.3. Grantee may make excavations in the City public rights -of -way for any
facility needed for the maintenance or extension of Grantee's
telecommunications system, subject to obtaining permits from the City.
Prior to doing such work, Grantee must apply for, and obtain, appropriate
permits from the City, and give appropriate notices to any other
franchisees, licensees or permittees of the City owning or maintaining
facilities which may be affected by the proposed excavation.
7 4, In the event that emergency repairs are necessary for Grantee's facilities
in the public rights -of -way, Grantee shall immediately notify the City of the
need for such repairs. Grantee may immediately initiate such emergency
repairs, and shall apply for appropriate permits the next business day
following discovery of the emergency. Grantee must comply with all
ordinance provisions relating to such excavations or construction.
7.5 Grantee is responsible for becoming familiar with, and understanding the
provisions of ORS Chapter 757, governing the location of underground
facilities (the "One -Call statutes "). Grantee shall comply with the terms
and conditions set forth in the One -Call statutes.
7.6. Grantee shall at its own expense temporarily or permanently remove,
relocate, change or alter the position of any of its facilities when directed
to do so by City in compliance with Chapter 12.40.
7.7. Grantee's telecommunications system shall be constructed and
maintained in such manner as not to interfere with City sewers, water
systems, electric systems or any other facilities of the City.
7.8. Where Grantee installs its telecommunications facilities under or adjacent
to any existing paved bicycle path, the path shall be overlaid with a new
asphalt surface after construction. Where Grantee installs its
telecommunication facilities along the route of a planned bicycle path, the
City may require Grantee to construct the bicycle path as a condition of
plan approval. All such bicycle path repair and construction shall be at
Grantee's expense.
Page 6 Hunter - Telecommunications Franchise Agr
Page 7
7.9. Upon completion of construction of any new facilities, Grantee shall
promptly furnish the City with two sets of "as built" plans showing the exact
location and construction details of all of Grantee's facilities. New plans
will be furnished promptly for any additions or modifications.
Upon request, Grantee shall provide the City with an accurate map or
maps certifying the location of all telecommunication facilities within the
public rights -of -way. Grantee will otherwise provide updated maps
annually.
7.10. Except in the case of an emergency, within ninety days following the
written notice by the city, Grantee shall, at no expense to City, temporarily
or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public rights -of -way whenever the
City shall have determined that such removal, relocation, change or
alteration is reasonably necessary for:
7.10.1. The construction, repair, maintenance or installation of any
city or other public improvement in or upon the public rights -
of -way;
7.10.2. The operations of the city or other governmental entity in or
upon the public rights -of -way;
7.10.3. The public interest.
7.11. Should it ever become necessary to temporarily rearrange or temporarily
remove Grantee's telecommunications facilities at the request of a private
person or business, Grantee shall perform such rearrangement or removal
as expeditiously as possible upon receipt or reasonable written notice
from the business or person desiring the temporary change of the
telecommunication facilities. The notice shall:
7.11.1. be approved by the City Manager;
7.11.2. detail the route of movement;
7.11.3. provide that the costs incurred by Grantee in making the
temporary change be borne by the person or business giving
said notice;
7.11.4. provide that the person or business giving the notice shall
indemnify and hold harmless Grantee of and from any and
all damages or claims of whatsoever kind or nature caused
directly or indirectly from such temporary change of
Grantee's telecommunications facilities, and (e) if required
by Grantee, be accompanied by a cash deposit or a good
42
Hunter - Telecommunications Franchise Agr
and sufficient bond to pay any and all of Grantee's estimated
costs as estimated by Grantee.
8. Reservation of City Public rights -of -way Rights; Requirements for
Undergrounding.
8.1. Nothing in this franchise shall be construed to prevent the City from
constructing sewers, water systems, electric systems, grading, paving,
repairing or altering any public rights -of -way or constructing or establishing
any other public work or improvement.
8.2. Grantee's telecommunication facilities shall be installed underground
unless Grantee contracts with another City of Central Point franchisee to
employ that franchisee's above - ground facilities in place at the time this
franchise is granted. It shall be lawful for Grantee to make all necessary
excavations in any public way for the purpose of constructing and
maintaining its telecommunication facilities. Provided, however, that
Grantee's use of the public way shall be subject to the City Manager's
authority to prescribe which public way will be used and the location within
the public way, which authority is hereby expressly reserved by the City
and delegated to the City Manager.
8.3. Whenever all new or existing electric utilities, telecommunications facilities
are located or relocated underground within a public right -of -way of the
city, a grantee with permission to occupy the same public right -of -way
must also locate its telecommunications facilities underground.
8.4. Whenever all new or existing electric utilities, telecommunications
facilities are located or relocated underground within a public right -of -way
of the city, a grantee that currently occupies the same public right -of -way
shall relocate its facilities underground concurrently with the other affected
utilities to minimize disruption of the public right -of -way, absent
extraordinary circumstances or undue hardship as determined by the city
and consistent with applicable state and federal law.
S. Repair. Grantee shall at all times maintain all of its telecommunication facilities
in a good state of repair. Motorized vehicles shall not be allowed on any public
bicycle paths and landscaped areas, except when necessary to install, remove or
repair Grantee's facilities. Except in an emergency, permission shall be obtained
from the City Public Works Department before using motorized vehicles on any
public bicycle paths and landscaped areas. Any damage to any public way or
landscaped areas caused by Grantee shall be repaired by Grantee at no cost to
the City. Grantee shall have a local representative available at all times through
the Rogue Basin Utilities Coordinating Council to locate Grantee's facilities for
persons who need to excavate in the public way.
Page 8 Hunter - Telecommunications Franchise Agr
43
10. City's Written Consent Required for Assignment, Transfer, Merger, Lease
or Mortgage. Ownership or control of a telecommunications system or franchise
may not, directly or indirectly, be transferred, assigned or disposed of by sale,
lease, merger, consolidation or other act of Grantee, by operation of law or
otherwise, without the prior written consent of the City, which consent shall not
be unreasonably withheld or delayed, and then only on such reasonable
conditions as may be prescribed in such consent.
10.1. Grantee and the proposed assignee or transferee of the grant or system
shall provide and certify the following information to the City not less than
120 days prior to the proposed date of transfer:
10.1.1. Complete information setting forth the nature, terms and
condition of the proposed transfer or assignment;
10.1.2. All information required of a telecommunications franchise
applicant pursuant this chapter with respect to the proposed
transferee or assignee;
10.1.3. Any other information reasonably required by the City.
10.2 No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial and other requisite qualifications to own, hold
and operate the telecommunications system pursuant to this title.
10.3 Grantee shall reimburse the City for all direct and indirect fees, costs, and
expenses reasonably incurred by the City in considering a request to
transfer or assign a telecommunications franchise.
10.4 Any transfer or assignment of a telecommunications grant, system or
integral part of a system without prior written approval of the City under
this section shall be void and is cause for revocation of the franchise.
10.5. Grantee may dedicate or lease its fiber optic system or any portion
thereof, or otherwise make its fiber optic system available in the ordinary
conduct of its business as a telecommunications company, so long as
Grantee remains solely responsible for locating, servicing, repairing,
relocating or removing its fiber optic system, and so long as the City's
bandwidth or access speed are not diminished.
11. Miscellaneous Provisions.
11.1. Both Grantee and the City shall comply with all applicable federal and
state laws. Grantee shall comply with all applicable City ordinances,
resolutions, rules and regulations adopted or established pursuant to the
City's lawful authority.
Page 9 Hunter - Telecommunications Franchise Agr
44
11.2. If any section, provision or clause of this franchise is held by a court of
competent jurisdiction to be invalid or unenforceable, or is preempted by
federal or slate laws or regulations, the remainder of this franchise shall
not be affected, unless the city council determines such section, provision,
or clause was material to the City's agreement to issue a franchise to
Grantee.
11.3. The City Manager is authorized to act for the City in all matters pertaining
to this agreement. Grantee may appeal any action of the City Manager to
the City Council by giving written notice thereof within 21 days after
Grantee was notified of such action. The City Council will hear the appeal
and render a final decision within 30 days after the notice of appeal is
given. Grantee shall not be relieved of its obligations to comply with any of
the provisions of this franchise by reason of any failure of the City to
enforce prompt compliance, nor does the City waive or limit any of its
rights under this franchise by reason of such failure or neglect.
11.4. Any litigation between the City and Grantee arising under or regarding this
franchise shall occur, if in the slate courts, in the Jackson County Circuit
Court, and if in the federal courts, in the United Stales District Court for the
District of Oregon.
11.5. Whenever any notice is given pursuant to this ordinance, it shall be
effective on the date it is sent in writing by registered or certified mail,
addressed as follows:
To the City: City Manager, City of Central Point, and 140 S. Third St., Central
Point, OR 97502
To Grantee: Richard W. Ryan, Hunter Communications, Inc.
Operations Department, Hunter Communications, Inc., 801
Enterprise Drive, Central Point, OR 97502
Notice of change of address may be given in the same manner as any other
notice.
11.6. In any situation in which the City is found legally liable to Grantee for
damage to Grantee's facilities, the City's liability shall be limited to the cost
of repair or replacement of damaged facilities, whichever is less. The City
shall not be liable to Grantee for lost revenue, lost profits, incidental or
consequential damages or claims of third parties arising from damage to
Grantee's facilities. Grantee covenants that it will not assert any claim
against the City for any liability, loss, or damage excluded under this
section.
Page 10 Hunter - Telecommunications Franchise Agr
45
12. Other Authority Superseded. Upon effectiveness of this franchise, any and all
authority to operate previously granted to Grantee by the City shall be
superseded by this franchise.
13. Cable Authority. This franchise does not authorize Grantee to operate a cable
system or provide video programming, as defined by 47 U.S.C.A §522 (Supp.
1997). In the event that Grantee wishes to add cable television services to the list
of services, as regulated by the Federal Communications Act of 1934, as
amended, Grantee agrees that it must negotiate an additional agreement with the
City setting forth the terms and conditions governing such service. Other than as
prescribed in Section 3.6, Grantee shall not be required to pay any additional fee,
compensation or consideration to the City for its use of the public way. However,
Grantee shall pay any charges and penalties imposed by the City for
noncompliance with Charter provisions, ordinances, resolutions or permit
conditions.
Grantee: City:
Hunter Communications, Inc. City of Central Point
By: By:
Title. Title:
Return to Agenda
Page 11 Hunter - Telecommunications Franchise Agr
46
BUSINESS
POTENTIAL DRIVING
RANGE, JACKSON
COUNTV EXPO
47
jkParks & Public Works Department Matt Samitore, Director
CENTRAL 140 South V Street I Central Point, OR 97502 1 541.664.7602 1 www.centralpointoregon.gov
POINT
January 15, 2014
TO: Honorable Mayor and City Council
FROM Matt Samitore, Parks & Public Works Director
RE: Potential Driving Range - Expo
SUBJECT:
Staff has contracted with Madera Design to prepare four alternatives for a potential driving range.
BACKGROUND:
City Staff has been exploring the ideas of running a far - profit driving range in association with the
Jackson county Expo /Family Fun Center. Staff has been exploring this option because of recent and
proposed closures of other driving ranges within the valley.
Staff has been informed by the expo that options 1 and 2 may not be viable as they are currently
marketing the property for commercial use.
Staff would like feedback from council on the proposed options and discussion on moving forward with
the project. Funds raised from the driving range would either go to the general fund or be used for
park equipment replacement.
RECOMMENDATION:
Staff would like to further investigate options 3 and 4 and prepare a business plan and cost estimates
for council to review at their goal setting session.
48
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