HomeMy WebLinkAboutCAP021314CITY OF CENTRAL POINT
Central Point
City Council Meeting Agenda
City Hall
February 13, 2014
541 - 664 -3321
2013 Safety Committee Report
City Council
Next Res. 1390
Mayor
Next Ord. 1982
Hank Williams
Ward
I. REGULAR ME ETI NG CALLE D TO ORDER -7:00 P. M.
Bruce Dingler
VII. ITEMS REMOVED FROM CONSENT AGENDA
Deanna Casey, City
II. PLEDGE OF ALLEGIANCE
Ward II
Kelly Geiger
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
Community
III. ROLL CALL
Ward III
First Reading and Public Hearing — An Ordinance
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
V. SPECIAL PRESENTATION
At Large
Fire District No. 3 Quarterly Report
David Douglas
11.20.050 Transportation Utility Fees (Samitore)
Rick Samuelson
16-29
B.
VI. CONSENTAGENDA
Page 2 -6
A.
Approval of la nua ry 23, 2014 Council Mi notes
7 - 8
B.
2013 Safety Committee Report
Administration
Chris Clayton, City
Manager
VII. ITEMS REMOVED FROM CONSENT AGENDA
Deanna Casey, City
Recorder
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
Community
10 -14
A.
First Reading and Public Hearing — An Ordinance
Development
Tom Humphrey,
Amending the Central Point Municipal Code Section
Director
11.20.050 Transportation Utility Fees (Samitore)
Finance
16-29
B.
First Reading and Public Hearing —An Ordinance Adding
Bev Adams, Director
Section 5.40 Medical Marijuana Dispensaries to the
Human Resources
Central Point Municipal Code (Humphrey)
Barb Robson, Director
Parks and Public
IX. BUSINESS
Works
Matt Samitore,
31
A.
332 N. 2ntl Street Update (Samitore)
Director
Jennifer Boardman,
33-37
B.
75 Bush Street Update (Clayton)
Manager
Police
39
C.
Planning Commission Report (Humphrey)
Kris Allison Chief
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
I: /1�I�ylYfliyil�lY.'1Y.Y.'1 W � I
The City Council may adjourn to executive session underthe 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executive session are not for publication or broadcast.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
Consent Agenda
CAP021314 Page
CITY OF CENTRAL POINT
City Council Meeting Minutes
January 23, 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: Bruce Dingler, Kelly Geiger, Rick
Samuelson, David Douglas, and Ellie George were
present. Allen Broderick was excused.
City Manager Chris Clayton; City Attorney Dan O'Connor;
Police Chief Kris Allison; Community Development Director
Tom Humphrey; Finance Director Bev Adams; Parks and
Public Works Director Matt Samitore; and City Recorder
Deanna Casey were also present.
IV. PUBLIC APPEARANCES - None
V. SPECIAL PRESENTATION
A. Multicultural Committee Scholarship Award
Multicultural Committee Chair Fran Cord ei ro- Settell introduced the 2014 MAYA
Scholarship Award winner Rebecca Lynn Petty and explained the projects she
worked on through her high school career to promote the teachings of Martin
Luther King, Jr. It is always a pleasure to meet our youth that promote diversity
within their community.
B. Enterprise Zone Presentation
SOREDI representative Ron Fox presented an overview of Enterprise Zones in
Oregon. SOREDI is very interested in getting Central Point involved in the
Enterprise Zone to help promote businesses build and expand in Central Point.
Jackson County is the most successful Enterprise Zone in the State of Oregon.
He stated that he would act as the zone manager and help businesses with the
paperwork when they are ready. Enterprise zones can provide new or expanding
businesses with tax exemption for three to five years as long as they continue to
follow the zone guidelines.
Council members were in favor of moving forward with this project. Mr. Clayton
stated that we will revisit this item in the near future.
CONSENT AGENDA
A. Approval of January 9, 2014 City Council Minutes
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B. December Financial Statement /Midyear Report
Kelly Geiger made a motion to approve the Consent Agenda as presented.
Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes;
Kelly Geiger, yes; David Douglas, yes; Rick Samuelson, yes; and Ellie George,
yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Ordinance No. 1981, Amending the Central Point Municipal Code
Zoning Sections 17.16.020; 17.57.020; 17.60.030; 17.60.100;
17.65.050; and 17.77.070 to Correct errors and Inconsistencies
Community Development Director Tom Humphrey explained the recommended
changes from the first reading have been incorporated into the exhibits. Council
discussed the minimum and average lot areas for multifamily and senior housing.
Changes were made making the TOD District Zoning Standards consistent
throughout.
Ellie George moved to approve Ordinance No. 1981, Amending the Central
Point Municipal Code Zoning Sections 17.16.020; 17.57.020; 17.60.030;
17.60.100; 17.65.050; and 17.77.070 to Correct errors and Inconsistencies.
Kelly Geiger seconded. Roll call: Hank Williams, yes; Bruce Dingler, abstain;
Kelly Geiger, yes; David Douglas, yes; Rick Samuelson, yes; and Ellie George,
yes. Motion approved.
B. A Resolution Increasing the Street and Storm Drain Utility Fees and
Water Repair and Replacement Base Fee (Tabled)
Parks and Public Works Director Matt Samitore presented a resolution increasing
the Street Fund, Storm Water Fund and Water Repair and Replace Fund. These
have been dwindling and will not be able to sustain the loss for much longer.
There was hope that the Urban Renewal District funds could help cover the cost
of some of the downtown water line issues but that does not look like it will
happen for several years. The increase is not to the water rates, but to the base
fees billed monthly. The attached resolution has two options.
Option A: A more aggressive increase for three years to help get these
funds back in a solvent position. This option will enable the city to
add the downtown failing waterlines to the CIP. The continued
practice of patching the waterlines downtown is not a financially
sound choice.
Option B: This option accomplishes the same thing but is spread out over 10
years. This option recommends a $0.12 cent increase. This option
Council discussed in September.
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Staff recommends option A because it allows for funding the replacement of
waterlines in the downtown areas starting in the 2015116 budget year. At this
time he would not be comfortable approving any new construction projects that
would put more stress on these very old water lines. He did state that one of the
options should be implemented because the Street Fund cannot withstand
another year at the current rate. It also allows the city to start major street
maintenance issues that exist on Highway 99.
Council would like to review the Public Works Capital Improvement Plan and
review the UR project list before deciding on an increase. Mr. Samitore and Mr.
Clayton expressed the need to increase the Street Utility fee this year. They
stated that the city can continue to patch broken water lines but that is not a
fiscally responsible thing to do for the long term. Staff will need to return to
Council before the budget process begins to discuss increases.
Rick Samuelson made a motion to table this Resolution Increasing the
Street and Storm Drain Utility Fees and Water Repair and Replacement
Base Fee until more review is conducted. David Douglas seconded. Roll call:
Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; David Douglas, yes;
Rick Samuelson, yes; and Ellie George, yes. Motion approved.
C. Resolution No. 1383, Adopting the Telecommunications Franchise
Agreement between Central Point and Hunter Communications.
Mr. Clayton explained that Hunter Communications requested the City to
consider a franchise agreement that would permit them to continue offering
telecommunication services within the City. The proposed agreement includes a
7% Franchise fee, will be for a period of five years, with three five year options.
There was discussion regarding other cities and the amount of fees that are
charged in other areas. Most cities are at the 7% fee rate. The Utilities that are
charged franchise fees prefer to have a level playing field across the board; this
is in line with what the City of Grants Pass and the City of Klamath Falls are
charging. Revenue that is generated by the terms of this agreement will be
allocated to the general fund.
Kelly Geiger made a motion to approve Resolution No. 1383, Adopting the
Telecommunications Franchise Agreement between Central Point and
Hunter Communications. David Douglas seconded. Roll call: Hank Williams,
yes; Bruce Dingler, yes; Kelly Geiger, yes; David Douglas, yes; Rick Samuelson,
yes; and Ellie George, yes. Motion approved.
VIII. BUSINESS
A. Discussion regarding Potential Driving Range, Jackson County
Expo.
Mr. Samitore explained that staff has been researching the idea of running a for -
profit driving range in association with the Jackson County Expo and the Family
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Fun Center. Staff has been informed by the expo that they are currently
marketing the property for commercial use so the options may be limited. He
presented four different layout options. Staff is looking for feedback to see if they
should continue the discussions with the Expo.
Several driving ranges around the valley are closing so there may be nets and
equipment available at discounted rates. Any revenue generated from a driving
range would go into the general fund or be used for park equipment replacement.
Council directed staff to work on a business plan and cost estimates for review at
their goal setting session.
IX. MAYOR'S REPORT
Mayor Williams reported that he attended:
• the Cities Water Coalition meeting yesterday. They have been reviewing
the recommended agreement from the Medford Water Commission.
• the cities are going to submit a letter to the MW C informing them that we
will no longer be involved in the rate study.
• He attended a TRADCO meeting.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
• Walgreens has completed their environmental issues and have submitted
their building permits.
• He and the Mayor are still working with RCC and Asante to bring a new
campus to Central Point.
• He has received a call from the Lars Larson show. They are available if
anyone would like to be on their show.
• Staff has started working on the budget.
• There will be a professional photographer in City Hall on Tuesday. Council
members are welcome to attend and get their photo updated for the website
and newsletter.
XI. COUNCIL REPORTS
Council Member Rick Samuelson reported that he attended an RVCOG Board
meeting. They are going over their goals and objectives which is to help cities
with regional problems. They have been asked to work with the cities and the
MWC.
Council Member David Douglas reported that he
• Attended the Medford Chamber Forum where the speaker talked about the
economy.
• Attended a Greenway meeting. They are working on their budget and revising
how the cities will be participating.
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• Will be meeting with Samantha Steele next week to discussion partnerships.
He has also been asked to participate on the committee to review security at
the schools.
XII. DEPARTMENT REPORTS
Police Chief Kris Allison updated the Council on the armed robbery at the Holiday
Inn Express. She will also be talking with Samantha Steele regarding the security
for the schools.
Community Development Director Tom Humphrey stated that John Schallert will
be in town next week. He will be meeting with business owners and have a
session on Tuesday at Twin Creeks.
XIII. EXECUTIVE SESSION -None
XIV. ADJOURNMENT
Kelly Geiger moved to adjourn, Rick Samuelson seconded, all said "aye' and the
Council Meeting was adjourned at 8:47 p.m.
The foregoing minutes of the January 23, 2014, Council meeting were approved by the
City Council at its meeting of February 13, 2014.
Dated:
Mayor Hank Williams
ATTEST:
Recorder
Return to Agenda
CAP021314 Page
Ak
CENTRAL
POINT
CITY OF CENTRAL POINT
SAFETY COMMITTEE
CAP021314 Page]
REPORT FOR 2013 TO ADMINISTRATION
Chairperson
Rick Bartlett
The Safety Committee is pleased to report to the City's Administration that this
Committee achieved several meaningful accomplishments during 2013.
Co -Chair
The following is a summary of the activities in which your Safety Committee was
Bobbie Pomeroy
engaged during 2013:
Recorder
• An observation by a Public Works employee in 2012 and subsequent
Debbie Dunlap
recommendation bythat employee, the Safety Committee made recommendation
to the Police Department that an AED unit be installed inside their facility.
• On that recommendation, the Police Department acquired an AED unit and the AED
Safety Committee
was wall mounted in the spring of 2013.
Bev Adams
• Investigated seven employee accidents, one citizen's accident.
• Planned and oversaw the Evacuation drill in January of 2013. The drill went quite
Mark Brindle
well, as observed and critiqued by a FD3 official.
Debbie Dunlap
• Oversaw and confirmed that the bookcase /credenza anchoring wascompleted.
Brian Munoz
• Mapped out all Fire Extinguishers and First Aid Kits in facilities, for the committee
members to better locate during quarterly inspections.
Matt Sam itore
. An internal recommendation was made to list the "recommended contents' lists for
Troy T ibbets
small, medium, large First Aid kits for reference during inspections. The lists were
completed and inserted in First Aid Kits.
• Recommendation to Admin concerning the ability of PD's front counters personnel
to hear the alarm. Recommendation was accepted and an audible alarm and an
additional pull station were installed due to the recommendation.
• Added another facility for quarterly inspections)Vilas Water facility).
• The SC conducted a total of 36 facility Quarterly Safety Inspections.
• The Safety Committee members attended 10 meetings in 2013.
• With the assistance of the City's GIS Department, updated mapping of emergency
evacuation routes and posting was completed in 2013.
• All new SC members were obliged to complete the two required training courses,
Hazard Identification and Mitigation and Accident Investigation.
CAP021314 Page]
P-1-
CENTRAL
POINT
Your Safety Committee reviewed all accident reports during the regular meetings. The Safety Committee continues to
make every effort to help reduce the number of accidents and near misses by recommendations, through quarterly
inspections, interviews with employees and by observation throughout the workplace.
Those efforts also include looking at the overall safety program, individual training topics, inspecting workplaces, and
analyzing characteristics of employee's activities to further reduce the frequency of accidents and near misses.
It is quite evident that there is now a robust Safety Culture which has made a difference in the mind set of many of the
employees who are keeping their personal safety at the forefront of their work days.
As a personal observation; having been employed for nearly 4 decades here at the city, it is a night and day comparison
to how safety is viewed by the employee. I can also say that the number of lost time accidents was much greater and
more severe in those days when safety sometimes took a back seat to the job and the bottom line.
This serves as a yardstick and demonstration on how safety dedicated employees can make a huge difference in how on
the job safety is viewed. These employees are not only the Safety Committee, but throughout the workplace.
However, I believe that serving on the Safety Committee adds fuel to the cause of safety on the job and turns many who
might view safety as an "over -rated bother', into safety minded employees far beyond their time of serving on the
Safety Committee.
On behalf of the entire Safety Committee, I wish to thank the city's Administration for demonstrating its full support and
its mutual attitude toward safety in the workplace.
Sincerely,
Rick Bartlett
Safety Committee Chairperson
Safety Trainer /Emergency Planning Coordinator
CP CERT Program Manager
Return to Agenda
CAP021314 Page
Ordinance
Transportation Fee
Amendment
CAP021314 Page
CENTRAL
POINT
STAFF REPORT
DATE: JANUARY 14, 2014
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAM ITORE, DIRECTOR
SUBJECT: First Reading of an ordinance to eliminate the minimum and maximum from the street
utility fee; put the rates for the utility fee in resolution format; and eliminate the sunset for the utility
fee.
SUMMARY: In 2007 the City adopted a street utility fee that bills residential and commercial
customers for the number of trips associated with their use. The fee had a clause added to it to
have a minimum charge of $10.00 and a Maximum for $100.00 for commercial and industrial users.
By eliminating the min /max the fee would generate approximately $22,000 a year annually to the
street fund. Residential customers currently pay $.52 cents per trip and commercial customers pay
$.22 cents. A comparison table is attached to show the affected users who would pay more from
the maximum charge being eliminated. A second table also shows what the same user would be
paying in the other Rogue Valley cities.
Additionally, the prior ordinance put the fee schedule within the ordinance. Typically rates are set
via resolution so council can adjust them without going through the three month ordinance revision
process. This ordinance revision eliminates the fees from the ordinance and will have an
accompanying resolution setting the rates.
Lastly, the fee had a sunset clause added to it. The clause was added with the hope that two things
would occur. First the state would adjust the DMV and Fuel Tax rates and, second, that the
economy would start to generate revenue for the street department again. Since that time the state
did make a modest increase in their fees which has helped stabilize the fund, however the increase
was less than what was needed to make up the difference in the fee. Unfortunately, the city is only
generating around $15,000 in fees for development currently. The sunset clause was extended
once in 2010 and will sunset this year without a further extension or elimination of the clause.
RECOMMENDATION: Staff recommends moving the ordinance revisions to a second reading
140 S. Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP021314 Page 10
Table A
Business Monthly Annually Difference No
Cap
Texaco /Bi -Mor
$
160.95
$1,931.43
$
731.43
Rays Foodplace
$
253.73
$1044.76
$
1,844.76
76 station
$
201.19
$2,414.25
$
1,214.28
dollar tree shopping
$
121.61
$1,459.36
$
259.36
Crater H.S.
$
325.67
$3,905.01
$
2,708.01
Scenic M.S.
$
176.78
$1121.37
$
921.37
Post Office
$
159.61
$1,915.36
$
715.36
Pilot Gas
$
321.90
$1862.85
$
2,662.85
Pilot Fast Food
$
145.34
$1,744.10
$
544.10
Chevron
$
160.95
$1,931.43
$
731.43
Building behind Dutch
$
105.64
$1,267.67
$
67.67
Bros on 99
Reddaway
$
115.22
$1382.60
$
182.60
Albertsons
$
224.15
$2,689.79
$
1,489.79
Grange
$
111.04
$1,332.53
$
132.53
Asante Clinic
$
177.00
$2,124.05
$
924.05
Furniture Row
$
199.93
$2399.15
$
1,199.15
Superb
$
137.04
$1,644.44
$
444.44
Sonic
$
126.62
$1,519.46
$
319.46
Holidaylnn
$
151.46
$1,817.54
$
617.54
providence
$
253.57
$1042.84
$
1,842.84
Shell Station
$
160.95
$1,931.43
$
731.43
Burger King
$
116.27
$1395.28
$
195.28
Fair City market
$
114.98
$1,379.82
$
179.82
Crossing Building
$
253.63
$1043.59
$
1,843.59
Fedex
$
128.40
$1,540.84
$
340.84
Fairfield Inn
$
122.61
$1,471.35
$
271.35
Mcdonalds
$
128.40
$1,540.74
$
340.74
$4,654.67 $ 23,456.07
140 S. Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP021314 Page 11
Table B - Rogue Valley City Comparisons
Business
Current
Central Point
- No Cap
Medford
Talent
Phoenix
Eagle Point
Ashland
Ts.a,r i-Mor
$
108.08
5
168.95
$403.29
$ 277.13
$167.73
$335.47
$297.08
Rd,, FLod lace
$
100.00
3
253.73
$635 76
$ 436.87
$264
42
$528.84
$344.10
76 station
$
100.00
3
201.19
$504.11
$ 346.41
$209.67
$419.34
$154.44
dollartree shopping
$
100.00
3
12161
$30472
$ 209.39
$126.74
$253.48
$22977
Crater IT S.
$
100.00
3
325.67
$816.01
$ 560.73
$339.39
$678.78
$584.00
Scenic A S.
$
100.00
5
176.78
$44295
$ 304.38
$18423
$368.46
$438.00
Poet Once
$
100.00
5
159.61
.$399.94
$ 274.82
$166.34
$33268
$116.80
Pilot Gae
$
100.00
$
321.90
$80658
$ 554.25
$33547
$670.94
$54149
Pilot Fort Food
$
100.00
$
145.34
$364.18
$ 250.25
$15147
$30293
$146
00
Chevron
$
100.00
5
160.95
$403.29
$ 277.13
$167.73
$335.47
$156.42
Building behind Dutch Bros on 99
$
100.00
3
105.64
$264.70
$ 181.89
$110.09
$220.18
$79.92
Reddawa
$
100.00
$
115.22
$288.69
$ 198.33
$120.07
$240.14
$524.70
Albatlsans
$
100.00
$
224.15
$561.64
$ 385.94
$233.59
$467.19
$666.00
Gran e
$
100.00
$
11104
$278.24
$ 191.19
$115.72
$231.45
$241.98
As.nte Cllnlc
$
100.00
$
177.00
$443.51
$ 304.77
$18446
$368.93
$219.78
Fumiturs Row
$
100.00
$
199.93
$500.96
$ 344.24
$208.35
$416.71
$596.07
Suns, 8
$
100.00
$
137.04
$343.37
$ 235.95
$142.81
$285.62
$221.92
Sonlc
$
100.00
5
126.62
$31727
$ 218.02
$131.96
$263.92
$125.56
Holiday Inn
$
100.00
3
151.46
$379.51
$ 260.79
$157.84
.$315.69
$245.28
providence
$
100.00
3
253.57
$635.36
$ 436.59
$26425
$528.51
$356.40
Shell Station
$
100.00
3
160.95
$403.29
$ 277.13
$167.73
.$335.47
$135.63
Burger Kin
$
100.00
3
116.27
$291.34
$ 200.20
$121.17
$24235
$116.80
Fair City market
$
100.00
5
114.98
$288.11
$ 197.98
$119.83
$239.66
$277.50
Crossing Building
$
100.00
5
253.63
$635.52
$ 436]0
$264.32
$52884
$231.25
Fed e,
$
100.00
$
128.40
.$321214
1 221.08
$133.81
$267.63
$218.30
Fairfield Inn
$
100.00
$
122.
E1
$307.22
$ 211.11
$127.78
$255.fi6
$198.56
Mcdonalds
1 $
100.00
1 5
128.40
1 $321.71
$ 221.07
$133.81
$267.61
$128.48
$2,700.00
1 5
4,654.67
1 5 11,667.04
$8,014.39
I $4,850.81
1 59,701.67
$7,592.15
Return to Agenda
140 S. Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP021314 Page 12
ORDINANCE NO.
AMENDING CENTRAL POINT MUNICIPAL CODE SECTION 11.20.050
TRANSPORTATION UTILITY FEES
Recitals:
A. Ordinance 1910 established the Street Utility Fee section of our ordinance with a rate
structure built into the ordinance.
B. It is the only fee left in the current municipal code that is not established by resolution.
C. The ordinance also included a sunset clause that has been extended once and needs
removal in order to provide stable long Tenn transportation funding.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Section 11.20.050 of the Central Point Municipal Code is amended to read:
11.20.050 Unit rate established.
Rates shall be established by resolution of the City Council in accordance to the
provisions set forth in 11.20.040.
hereby e,t.6',6ed
$$02200 ..
daily trip.
other and at adjusted
T,k)ma: id.... f 't be ton
average
do . 'th
mt.. rate ePe.........th shall a minimum of
al m
hundred doI I . Unit y be Fe. ' .ed by Fe iion
a maximum of
!h .it .,. ...' ficona tim
one s rates m o of
W lir ,
Example Rate for a Single Family 140me:
lUnit - Rate�enag Dail Tom... /ADTV— Monthly Charge
cn 5201C0 5201 . 57 S4.98 — —
Example R to for 3,000 Square c.a Office Building:
Unit Rate 3 enag Dail T.:... (A DT) p 4 nnn —
Month!) Charge
nA x
507702., 11.0 1 x3 -5270
Ordinance No. (021314)
CAP021314 Page 13
Section 2. This Ordinance removes the Sunset Clause as outlined in Ordinance 1910 Section 6,
and provided as afoot note in the Central Point Municipal Code Chapter 11.20.
a.c ,. ,... 6 Sunset C The
identified in this .anc
a rate!; and charge!;
resolution [ordi ]
become eFF,.:, e April 1 2008
eff ,.:, e 8.r..Period fibsee
shall on and
years (until February 28�, 2011). Any extension
!;hall remain o
of flte rate!; and charge!; must be granted
Passed by the Council and signed by me in authentication of its passage this day of
20L4.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
Ordinance No. (021314)
CAP021314 Page 14
Public Hearing /First
Reading
Ordinance Creating
Section 5.40
CAP021314 Page 15
STAFF REPORT
om-
CENTRAL
POINT
STAFF REPORT
February 13, 2014
Planning Department
lom Humphrey.AICP,
Community fJevelopment f]irector/
AGENDAITEM:
Consideration of an Amendment to the Municipal Code to Add Chapter 5.40, Regulations for Medical
Marijuana Dispensaries in Central Point
STAFF SOURCE:
Tom Humphrey, Community Development Director
BACKGROUND:
The Community Development Department has prepared municipal code amendments to regulate
the establishment of medical marijuana dispensaries in Central Point (Attachments A & B). The
code amendments were considered by the Planning Commission on February 4, 2014 and they
have provided a recommendation to the City Council (Attachment Q. The Citizens Advisory
Committee (CAC) was also asked to provide their input to this municipal code amendment and a
summary of their discussion follows.
The state has been involved in rulemaking that is aimed at implementing House Bill 3460 which
establishes a registration system for medical marijuana facilities. The locational standards called
out in FIB 3460: I) limit dispensaries to areas zoned for commercial or industrial use or as
agricultural lands; 2) limit dispensaries to within 1000 feet of public, private elementary,
secondary or career schools attended primarily by minors; 3) limit dispensaries to within 1000
feet of another medical marijuana facility; 4) permit service to persons with medical marijuana
cards and their registered caregivers; and 5) require conduct with stringent security and safety
rules. The Bill does not preempt cities from adopting further restrictions on Medical Marijuana
dispensaries and there may be follow -on legislation that reinforces this position.
DISCUSSION:
The City's approach to HB 3460, which is endorsed by the City Manager and the City Attorney,
is to add Chapter 5.40 (Attachment A) which would define medical marijuana dispensaries and
specify the conditions under which they would be allowed as a conditional use. Amendments to
Chapter 5 would be limiting but not prohibit dispensaries in Central Point. The City has elected
to add additional buffers which limit dispensaries to within 500 feet of the nearest residential (R)
zoning district. The attached maps (Attachment B) illustrate where the dispensaries would be
allowed in commercial zones with all of the buffers in place. Sites would be limited to Pine
Street in the vicinity of the I -5 Interchange. The City believes that prohibiting dispensaries
outright would simply invite expensive and unnecessary litigation.
Page I of 2
CAP021314 Page 16
The CAC raised the following issues which the Department has investigated further. They were
concerned that both growers and suppliers be qualified, which rules found in the Oregon Medical
Marijuana Act will require. Other questions revolved around product delivery, disposal and air
quality. The Oregon Health Authority will be regulating these aspects of the dispensaries.
The following section changes being advocated are summarized as follows:
I. Section 5.40 Medical Marijuana Dispensaries. This section is completely new and is intended
to follow criteria in the state law and to add additional local requirements. Some of the material
was borrowed from code language that is used successfully in Kingman, Arizona. The changes to
this section are presented in Attachment "A ".
ISSUES:
As discussed, the primary issue is whether to have an outright prohibition on dispensaries or to allow
them under limited circumstances. The current belief is that allowing them under limited circumstances
minimizes city liability. Another issue that has come up involves a dispensary's compatibility with other
uses in a zoning district, specifically child care. In order to avoid this conflict the `first in' business will
take precedence. It is unlikely that a child care facility would choose to locate next to a dispensary once
one is established particularly when a child care facility has many more options than does a dispensary.
As has been mentioned, state law allows dispensaries in both commercial and industrial zones. However,
Central Point does not typically allow am, retail businesses in industrial zones unless they are incidental
to the industrial use. Therefore, the City is not advocating any changes to industrial zoning districts at this
time. Changes to the C -2(M), C4 and C -5 zoning districts will be brought to the City Council next month
as a land use amendment which is subject to different noticing requirements than those being made to
Chapter 5.
ATTACHMENTS:
Attachment "A " —CPMC Chapter 5.40 Medical Marijuana Dispensaries
Attachment "B"— Maps of Buffer Areas/Usable Commercial Areas for Dispensari es
Attachment "C " — Planning Commission Resolution No. 798
Attachment "D" — Ordinance No. An Ordinance Adding Section 5.40 Medical Marijuana
Dispensaries to the Central Point Municipal Code
ACTION:
Take public comment, discuss proposed ordinance amendments and move ordinance to a second reading
to I ) adopt the ordinance as is; 2) adopt the ordinance with changes; or 3) deny the ordinance.
RECOMMENDATION:
Move Ordinance No. , to a second reading on February 27, 2014.
Return to Agenda
Page 2 of 2
CAP021314 Page 17
Attachment A
Title 5
BUSINESS LICENSES AND REGULATIONS!
Chapters:
5.04 Business Licenses
5.06 Yard Sales
5.08 Public Dances
5.10 Sidewalk Cafes
5.12 Electrical Contractors
5.16 Plumbing
5.20 Solicitors, Canvassers and Peddlers
5.24 Adult Businesses
5.32 Mobile Home Parks
5.33 Merchant Police and Private Detectives
5.34 Pawnbrokers and Secondhand Dealers
5.38 Drug Paraphernalia
5.40 Medical Marijuana Dispensaries
5.42 Special Event Permits
CAP021314 Page 18
Sections:
Chapter 5.40
MEDICAL MARIJUANA DISPENSARIES
540 010 Purpose.
540 020 Definitions.
540 030 Regulations for Dispensaries.
540 040 License -- Required.
540 050 License -- Period.
540 060 License - -Fees.
5.40.010 Purpose
It is recognized that the presence of "marijuana dispensaries" within the community of Central Point may result
in adverse social and economic impacts.. increased crime incidents.. and physical deterioration in the general
areas of such businesses. It is evident that regulations applicable to such dispensaries are necessary to protect
minors and to preserve the character.. safety and stability of residential areas that are in proximity to such
commercial businesses. The purpose of this section is to establish regulations applicable to marijuana
dispensaries.. as defined in the Oregon Revised Statutes and in Section 5.40.020 of this chapter.
5.40.020 Definitions.
For purposes of this chapter, the following terms and business types are defined in this section:
A. Medical Marijuana'.. Means of all parts of the genus cannabis whether growing or not, and the seed of
such plants that may be administered to treat or alleviate a qualifying patients debilitating medical
condition or symptoms associated with the patients debilitating medical condition.
B. Cultivation: Means a location where marijuana is produced or cultivated for use by a Medical Marijuana
Qualifying Patient including within a building, structure or premises used for the cultivation or storage
of medical marijuana that is physically separate and off -site from a medical marijuana dispensary .
C. Medical Marijuana Dispensary '. A medical marijuana facility registered by the Oregon Health Authority
under ORS 475.300 to 475.346 and that sells, distributes, transmits, gives, dispenses or otherwise
provides medical marijuana to qualifying patients.
D. Infusion: Afacility or business that incorporates medical marijuana (cannabis) by means of cooking,
blending, or incorporation into consumable /edible goods.
E Medical Marijuana Qualifying Patient: A registry identification cardholder (person who has been
diagnosed by physician as having a debilitating medical condition) as further defined by ORS
475.302(3) or the designated primary caregiver of the cardholder as defined by ORS 475.302(5).
CAP021314 Page 19
5.40.030 Regulations for Medical Marijuana Dispensary.
A. Medical Marijuana Dispensary businesses may be granted a conditional use permit by the planning
commission in accordance with the requirements of the zoning district in which the business is proposed, and
in accordance with the following regulations'.
1. Evidence that the business is currently registered under the state of Oregon's medical
marijuana facility registration system under ORS 475.300 -ORS 475.346.
2. The proposed use complies with all requirements setforth for the issuance of a condifional
use permit(CPMC 17.76)',
3. The lot on which the business is proposed to be located is classified commercial and includes
the following designations', C -2(M) Commercial Medical Distinct, C -4 Tourist and Office
Commercial District, and C -5 Thoroughfare Commercial District,
4. The business shall be located in a permanent building and may not locate in a trailer, cargo
container or motor vehicle',
5. The subject lot is not within five hundred feet of the nearest residenfial (R) zoning district:
6. The lot is not within one thousand feet of any lot upon which there is located a church,
educational insfitufion primarily attended by minors, a public park or recreafional facility, a day
nursery or child care center, or any other public facility which is customan ly utilized by minors;
7. The lot is not within one thousand feet of any lot upon which there is located another
marijuana dispensary business;
I The exterior appearance of the structure shall be consistent with the appearance of exisfing
commercial structures on abutting lots or within the immediate neighborhood, so as not to cause
blight deterioration, or avoidable depreciation in property values within the general vicinity:
9. The business shall be permitted an idenfificafion sign but shall not exhibit advertisements,
displays, or any other promotional or advertising materials that may be visible to the public
outside the structure'..
10, All doorways, windows and other openings shall be located, covered or screened in such a
manner to prevent a view into the interior from any exterior public or semipublic area
CAP021314 Page 20
11. No marijuana dispensary business, as defined in this chapter, shall have operating hours
earlier than 8'.00 a.m. or later than 6'.00 p.m. of the same day and only Monday through
Saturday, except as specifmaI ly permitted by the terms of the conditional use permit.
12. Cultivation or infusion of medical marijuana at the site of the dispensary is prohibited.
13. The business shall provide for secure disposal of marijuana remnants or by- products', such
remnants or by- products shall not be placed within the facility's exterior refuse containers.
14. Drive - through services are prohibited.
B. The planning commission may, at its discretion, conduct a poll or survey of residents and property owners in
the vicinity of a proposed medical marijuana dispensary business if such poll or survey is determined to be
necessary to adequately assess the social, economic or other impacts of the proposed business.
C. Applicants for licenses under this chapter mustfile with the city recorder a sworn application in writing for the
license which shall give the following information'.
1. The name of the applicant;
2. Permanent home address and full local address of the applicant;
3. A brief description of the nature of the business and goods to be sold, if any;
4. Length of time for which the right to do business is desired;
5. The location of the proposed medical marijuana dispensary business.
D. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a
fine as defined by Section 1.16.010,
5.40.040 License - Registration- Required.
No person, or his employee or agent, shall engage in or conduct within the city any medical marijuana
dispensary business unless the license fee has been paid and a license issued as provided herein. No person,
his employee or agent shall engage in or conduct within the city any medical marijuana dispensary business
unless the person possesses a current registration under the state's medical marijuana facility registration
system.
5.40.050 License -- Period.
CAP021314 Page 21
License for dispensaries shall be for annual periods commencing on July ist of each year. License renewals
shall be consistent with criteria established in CPMC Section 5.04.092.
5.40.060 License - -Fees.
The license fee to be charged by the city designee for a medical marijuana dispensary business license shall
be as setform in the City of Central Point Business License Fee Schedule as set in 5.04.120.
Return to Agenda
CAP021314 Page 22
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PLANNING COMMISSION RESOLUTION NO. 798
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO THE
CENTRAL POINT MUNICIPAL CODE CHAPTER 5.40 REGULATING MEDICAL
MARLRJANA DISPENSARIES
WHEREAS, the State of Oregon has passed legislation (HB 3460) establishing a registration
system for medical marijuana facilities and has provided general guidance with regard to the
location of said facilities; and
WHEREAS, FIB 3460 does not preempt cities from adopting further restrictions on medical
marijuana dispensaries; and
WHEREAS, the Community Development Department in concert with the City Manager and the
City Attorney prepared amendments to the Central Point Municipal Code by adding a Chapter
5.40 to regulate medical marijuana facilities within the City of Central Point; and
WHEREAS, on February 4, 2014 the City of Central Point Planning Commission reviewed and
discussed code amendments to Chapter 5 and their implementation with the new state law;
NOW, THEREFORE, BE IT RESOLVED, the City of Central Point Planning Commission by
Resolution No. 798 does hereby forward to the City of Central Point City Council a favorable
recommendation to approve amendments to the municipal code found in Exhibit "A'; and
BE IT FURTHER RESOLVED, that the Central Point Planning Commission directs staff to
schedule a public hearing for amendments to Chapters 17.37, 17.44, and 17.46 to add medical
marijuana dispensaries as a conditional use in the C -2, C -4, and C -5 zoning districts.
PASSED by the Planning Commission and signed by me in authentication of its passage this}✓"
day of February, 2014.
Ls—
Planning Commission Chair
ATTEST:
Exhibits are available in the
I (e i hz l Community Development Department
Cd Representative
Approved by me this (a day of February, 2014.
Planning Commission Chair
Planning Commission Resolution No. 798 (02/04/2014)
ORDINANCE
AN ORDINANCE ADDING SECTION 5.40 MEDICAL MARIHUANA DISPENSARIES
TO THE CENTRAL POINT MUNICIPAL CODE
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 February 4, 2014, the Central Point Planning Commission recommended approval of a code
amendment to Title 5 Business Licenses and Regulations; Chapter 5.40 Medical Marijuana
Dispensaries.
C. On February 13, 2014, the City of Central Point City Council held a property advertised public healing;
reviewed the Staff Report and findings; heard testimony and comments, and deliberated on approval of
the Municipal Code Amendment.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.40, adds regulations for Medical Marijuana Dispensaries to Title 5 Business
Licenses and Regulations in the Central Point Municipal Code in response to the passage of House Bill
3460 which become effective on March 3, 2014.
Chapter 5.40
MEDICAL MARIJUANA DISPENSARIES
Sections:
5.40. 010 Purpose.
5.40.020 Definitions.
5.40.030 Regulations for Dispensaries.
5.40.040 License -- Required.
5.40.050 License -- Period.
5.40.060 License - -Fees.
5.40.010 Purpose.
It is recognized that the presence of "marijuana dispensaries" within the community of Central Point may
result in adverse social and economic impacts, increased crime incidents, and physical deterioration in the
general areas of such businesses. It is evident that regulations applicable to such dispensaries are necessary
to protect minors and to preserve the character, safely and stability of residential areas that are in proximity
Ordinance No. (022714) pg. 1
CAP021314 Page 26
to such commercial businesses. The purpose of this section is to establish regulations applicable to
marijuana dispensaries, as defined in the Oregon Revised Statutes and in Section 5.40.020 of this chapter.
5.40.020 Definitions.
For purposes of this chapter, the following terms and business types are defined in this section:
A. Medical Marijuana; Means of all parts of the genus cannabis whether growing or not, and the seed of
such plants that may be administered to treat or alleviate a qualifying patient's debilitating medical
condition or symptoms associated with the patient's debilitating medical condition.
B. Cultivation: Means a location where marijuana is produced or cultivated for use by a Medical
Marijuana Qualifying Patient including within a building, structure or premises used for the
cultivation or storage of medical marijuana that is physically separate and off -site from a medical
marijuana dispensary.
C. Medical Marijuana Dispensary: A medical marijuana facility registered by the Oregon Health Authority
under ORS 475.300 to 475.346 and that sells, distributes, transmits, gives, dispenses or otherwise
provides medical marijuana to qualifying patients.
D. Infusion: A facility or business that incorporates medical marijuana (cannabis) by means of cooking,
blending, or incorporation into consumableledible goods.
E. Medical Marijuana Qualifying Patient: A registry identification cardholder (person who has been
diagnosed by a physician as having a debilitating medical condition) as further defined by ORS
475.302(3) or the designated primary caregiver of the cardholder as defined by ORS 475.302(5).
5.40.030 Regulations for Medical Marijuana Dispensary.
A. Medical Marijuana Dispensary businesses may be granted a conditional use permit by the planning
commission in accordance with the requirements of the zoning district in which the business is proposed,
and in accordance with the following regulations:
1. Evidence that the business is currently registered under the state of Oregon's medical marijuana
facility registration system under ORS 475.300 -ORS 475.346.
2. The proposed use complies with all requirements set forth for the issuance of a conditional use
permit (CPMC 17.76);
3. The lot on which the business is proposed to be located is classified commercial and includes the
following designations; C -2(M) Commercial Medical District, C -4 Tourist and Office Commercial
District, and C -5 Thoroughfare Commercial District;
Ordinance No. (022714) pg. 2
CAP021314 Page 27
4. The business shall be located in a permanent building and may not locate in a trailer, cargo
container or motor vehicle;
5. The subject lot is not within five hundred feet of the nearest residential (R) zoning district;
6. The lot is not within one thousand feet of any lot upon which there is located a church, educational
institution primarily attended by minors, a public park or recreational facility, a day nursery or child
care center, or any other public facility which is customarily utilized by minors;
7. The lot is not within one thousand feet of any lot upon which there is located another marijuana
dispensary business;
8. The exterior appearance of the structure shall be consistent with the appearance of existing
commercial structures on abutting lots or within the immediate neighborhood, so as not to cause
blight, deterioration, or avoidable depreciation in property values within the general vicinity;
9. The business shall be permitted an identification sign but shall not exhibit advertisements,
displays, or any other promotional or advertising materials that may be visible to the public outside
the structure;
10. All doorways, windows and other openings shall be located, covered or screened in such a
manner to prevent a view into the interior from any exterior public or semipublic area;
11. No marijuana dispensary business, as defined in this chapter, shall have operating hours earlier
than 8:00 a.m. or later than 6:00 p.m. of the same day and only Monday through Saturday, except as
specifically permitted by the terms of the conditional use permit.
12. Cultivation or infusion of medical marijuana at the site of the dispensary is prohibited.
13. The business shall provide for secure disposal of marijuana remnants or by- products; such
remnants or by- products shall not be placed within the facility's exterior refuse containers.
14. Drive - through services are prohibited.
B. The planning commission may, at its discretion, conduct a poll or survey of residents and property owners
in the vicinity of a proposed medical marijuana dispensary business N such poll or survey is determined to
be necessary to adequately assess the social, economic or other impacts of the proposed business.
C. Applicants for licenses under this chapter must file with the city recorder a sworn application in writing for
the license which shall give the following information:
Ordinance No. (022714) pg. 3
CAP021314 Page 28
1. The name of the applicant;
2. Permanent home address and full local address of the applicant;
3. A brief description of the nature of the business and goods to be sold, if any;
4. Length of time for which the right to do business is desired;
5. The location of the proposed medical marijuana dispensary business.
D. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a
fine as defined by Section 1.16.010.
5.40.040 License - Registration- Required.
No person, or his employee or agent, shall engage in or conduct within the city any medical marijuana
dispensary business unless the license fee has been paid and a license issued as provided herein. No
person, his employee or agent shall engage in or conduct within the city any medical marijuana dispensary
business unless the person possesses a current registration under the state's medical marijuana facility
registration system.
5.40.050 License -- Period.
License for dispensaries shall be for annual periods commencing on July 1st of each year. License renewals
shall be consistent with criteria established in CPMC Section 5.04.092.
5.40.060 License - -Fees.
The license fee to be charged by the city designee for a medical marijuana dispensary business license shall
be as set forth in the City of Central Point Business License Fee Schedule as set in 5.04.120.
PASSED by the Council and sired by me in authentication of its passage this day of February 2014.
Mayor Hank Williams
ATTEST:
City Recorder
Ordinance No. (022714) pg. 4 1 Return to Agenda
CAP021314 Page 29
Business
Update on
332 N. 2nd Street
CAP021314 Page 30
AParks & Public Works Department Matt Samitore, Director
CENTRAL 40 South 3` Street I Central Point, OR 97502 1 541.664.7602 1 www.centmipointomgon.gov
POINT
February 4, 2014
TO Honorable Mayor and City Council
FROM Matt Samitore, Parks & Public Works Director
RE: 332 North Second
SUMMARY:
Since the October City Council meeting the owners have installed a new back door and appear to be
renovating the inside of the building. No building permits have been requested at this time. The
mechanical, electrical and plumbing issues associated with habitation of the structure have still not
been dealt with. Prior to occupancy these will need an associated permit and inspection.
The exterior of the house is being maintained.
RECOMMENDATION:
Staff recommends removing this from the derelict structure process as the outside appearance of the
building have been consistently dealt with. Prior to occupancy the mechanical, electrical and plumbing
issues will be required to be dealt with per Oregon building code.
Return to Agenda
CAP021314 Page 31
Business
75 Bush Street
Update
CAP021314 Page 32
Memo
To:
The Honorable Mayor and City Council
From:
Kris Allison, Police Chief
SUBJECT:
75 Bush Street, Central Point
Date:
February 10, 2014
On January 29, 2014 Justice Court issued the attached disposition regarding the citations that
were issued for unlawful accumulation of junk for the period of July 1, 2013 to October 16,
2014 regarding the City of Central Point. In the disposition you can see that he found Mr.
Clark guilty of the violations and imposed a suspended fine.
This disposition will allow us to explore the option of the chronic nuisance ordinance regarding
this residence if this becomes an issue in the future.
Please see attachment from Judge Joe Charter
CAP021314 Page 33
JACKSON COUNTY JUSTICE COURT
JACKSON505 OAK STREET CENTRAL POINT, OREGON 97502
COUNTY Phone:(541) 774 -1286
Fax: (541) 774 -1288
0 1- f K 0 n Jackson County Justice of the Peace Joe Charter
January 29, 2014
Mr. Bud Taylor
466 S. 1" Street
Central Point, OR 97502
Re: Various Citations for Untawfid Accumulation of Junk
Dear Mr. Taylor:
This matter came fer trial on October 16,'2013. Central Point Municipal Code (CPMC)
section 8.04035 provides that "No person shall cause or allow an unsightly or malodorous
accumulation ofjunk, garbage, animal feces, scrap metal, scrap lumber, used tires, discarded
building material, discarded vehicles or parts thereof, appliances or fixtures, or dismantled
ntachinery on public or private property unless the property is in lawful use for junk storage or
recycling in compliance with applicable state and federal laws and this code." (Emphasis
added). Section 1.16.010 of the Municipal Code provides that each violation of the Code "shall
be punished by a fine of not more than two hundred fifty dollars." "Each such person is guilty
of a separate offense for each and every day during any portion of which any violation of any
provision of the ordinances of Central Point is committed, continued or permitted by any such
person." Id., see also section 8.04.150: "Each day of such violation constitutes a new offense"
The ordinance does not define what might comprise an "unsightly or malodorous accumulation."
However, the rest of the ordinance, which lists specific actions which are at issue here, is not
impermissibly vague.
Citations were written on the following dates: 7 /1/13, 8/7/13, 812/13, 8/3/13, 8/4/13,
8/5113, 8/6/13, 8/7/13, 8/8/13, 8/9/118/12/13 (three separate citations), 8/13/13, 8/14/13,
8/15/13, 8116/13, 8 119 /13(three separate citations), 8/20/13, 8122/13 (two separate citations),
8 /26 113(four separate citations), 9/3113, (seven separate citations), 9/4/13, 915/13, 9/10113 (four
separate citations), 9/16/13, 9/23113, 9/24/13 (five separate citations), 9/27/13 (three separate
citations), 10/4/13 (five separate citations), 10/28/13, 10/31/13 (three separate citations). Trial
was held on October 16, 2013. The last four of the citations were not at issue at the trial. Mr.
Taylor has not entered a plea on these four citations. Mr. Taylor agreed at trial that all prior
citations were at issue as of the 10/16/13 date of trial. Therefore, the maximum fine amount for
all these citations under the CPMC is $14,500.00 (58 x $250.00). The sequential order of the
citations indicate that CSO Moore was writing citations for few others than Mr. Taylor during
the referenced period of time When there were multiple citations written on a single day, the
alleged offense dates included preceding days (except for CP 09778 & 09779, which both allege
CAP021314 Page 34
Mr. Bud Taylor
January 29, 2014
Page Two
a violation on 8121/13).
In the 1990s, the property was used as Central Point Radiator Service. See attached
diagram from Jackson County property records. On First Street, properties are residential.
However, across Bush Street there is a shopping plaza, and next to the former Radiator Service
on Bush is a partially vacant lot. At one point, the shop was operated as "Dan & Joyce's
(Carrell) Tires," and the sign still remains. Mr. Taylor is listed on the property records, along
with Ms. Carrell. The Carrells acquired the property in 1992. According to the County Property
Online records, the zoning for the parcel is General Commercial ("GC "). An internet search
indicates that the City's issues with the property stretch over the past several years. See
littl)://www.tirebusiness.coiii/ailicle/201 I 10 IOITSSUF,/310109979/0/SEARCH&temT)Iate=l)rintar
t; http: / /www mailtribune cum /apps/ acs. dll /article'?AID— _120171016/NEWS /11016_0325 &cid =
sitesearch. (Cost to City of removing scrap tires "around $3,000.00"). Part of the City's safety
concern in the past has been the potential fire hazard for nearby residences due to the
accumulation of tires. Both the articles and Mr. Taylor's testimony at trial allude to Mr. Taylor's
son as a source of the junk accumulation. Both the Tire Business article and Mr. Taylor's
testimony at trial noted a prior lien on the property related to the City's removal costs. Mr.
Taylor testified at trial that amount owed to the City is some $4,870. He testified that his income
is $1028 per month, from which he pays $586 per month on the lien. Mr. Taylor's driver's
license is suspended for unpaid fines to the City of Central Point. Central Point records show the
balance due has been sent to collections.
The evidence at trial included photographs. The 8/7/13 photos show tires stacked against
the fence and shop; wheel rims, appliances, shopping carts, etc. The 8/30/13 photos show the
same, plus various other debris. The 10/15,13 photos show an accumulation of tires, a
television, ATV, riding lawn mower, chairs, a covered trailer, two pick -up trucks, one on the
property and filled with garbage bags, and one on the street and filled with more tires. The
10/16/13 (date of trial) photos show that the riding lawn mower was gone, but an additional box
of hub caps was outside the shop. The Court asked CSO Moore to provide additional
photographs showing the condition of the property on 10/18/13. Those photos show the pick -up
truck with the tires was gone, but the one with garbage bags remained. However, the 10123/13
photos show an additional trailer with more tires, and that the pick -up truck with garbage bags
remained.
I find the violations proven by a preponderance of the evidence. The remaining issue is
the appropriate remedy to the City. Although it is apparent that Mr. Taylor does not have much
ability to pay, so also is it apparently that the City has gone to considerable lengths to enforce its
ordinance. The City has the ability to assess a lien for the cost of abatement under the Code,
which is not at issue here. See CPMC section 8.04.130. The City has apparently done so in the
past. I assess a fine amount of $5,000, but suspend the imposition of $4,000 of that amount on
the following conditions: that Mr. Taylor pay $50.00 per month, beginning on or before March
1, 2014, and pay $50.00 each month thereafter for a period of 20 months, to and until October 1,
CAP021314 Page 35
Mr. Bud Taylor
January 29, 2014
Page Three
2015: and upon the further condition that Mr. Taylor is not cited for any further violations under
this Code section during that period. Should Mr. Taylor fail to fulfill these conditions, the entire
$5,000 shall be immediately due and payable. Mr. Taylor shall further enter his plea on the
10/28/13 and 10/31/13 (CP 10118— t0121) citations by March 1, 2014.
Jose CharteP
Ja son County Justice of the Peace
cc: CSO Moore
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CAP021314 Page 36
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Business
Planning Commission
Report
CAP021314 Page 38
City of Central Point, Oregon AL
TRR
140 S 3rd Street, Central Point, OR 97502 CENTRAL
541.664.3321 Fax 541.664.6384 POINT
www.centralpointoregon.gov
PLANNING DEPARTMENT MEMORANDUM
Date: February 4, 2014
To: Honorable Mayor & Central Point City Council
From: Tom Humphrey AICP, Community Development Director
Subject: Planning Commission Report
Community Development
Tom Humphrey, AICP
Community Development Director
The following items were presented by staff and discussed by the Planning Commission at a
regularly scheduled meeting on February 4, 2014.
A. Consideration of Municipal Code Amendments to Chapter 5.40, Regulations for
Medical Marijuana Dispensaries. The Community Development Department
introduced new code language that amends CPMC Chapter 5, Business Licenses and
Regulations to address Medical Marijuana Dispensaries (Section 5.40) in response to
the passage of HB 3460. The Planning Commission elected to consider and make a
recommendation on Chapter 5 in February and to entertain changes in the zoning code
in March once land use notifications have been made. They discussed the pros and
cons of the new regulations and also gave audience members an opportunity to
comment. A prospective dispensary owner expressed concern that the City's
regulations were too restrictive. The Commission discussed minor revisions to the text
and then recommended the Council approve the new code language.
In a separate motion the Commission suggested the City Council consider regulating medical
marijuana grow sites in the city limits because of the disruption they are causing in some
residential neighborhoods. A joint study session was discussed and will be proposed to the City
Manager.
Under general discussion, the Planning Commission was informed that the Department is
making changes to Sections 17.05, Applications and Types of Review Procedures and
Section 17.96, Amendment to Comprehensive Land -Use Plan because internal
inconsistencies in the code language have raised questions with Jackson County who is
currently processing two Urban Growth Boundary (UGB) applications. Amendments will be
introduced to the Commission within the next two months.
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