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HomeMy WebLinkAboutCAP032714CITY OF CENTRAL POINT Central Point City Council Meeting Agenda City Hall March 27, 2014 541 - 664 -3321 11 C. Approval to cancel the April 24, 2014 Regular City Deanna Casey, City AMENDED City Council 12 -13 D. Approval of March 2014 Surplus List Mayor Hank Williams Next Res. 1393 Tom Humphrey, Next Ord. 1984 Ward I Bruce Dingler VII. BUSINESS Ward 11 I. REGULAR MEETING CALLED TO ORDER -7:00 P.M. Kelly Geiger 29-33 A. Senate Bill 1531 Discussion (Clayton) Ward 111 II. PLEDGE OF ALLEGIANCE Ellie George III. ROLL CALL Ward IV Allen Broderick IV. PUBLIC APPEARANCES- This time is reservedfor citizens to comment At Large on items that are not on the agenda. David Douglas Rick Samuelson V. SPECIAL PRESENTATION — SOREDI VI. CONSENTAGENDA Administration Page 1- 6 A. Approval of March 13, 2014 Council Minutes Chris Clayton, City 7 -10 B. Approval of OLCC Application for5chmizza Pub & Grill Manager 11 C. Approval to cancel the April 24, 2014 Regular City Deanna Casey, City Council Meeting. Recorder 12 -13 D. Approval of March 2014 Surplus List Community Development Tom Humphrey, VII. ITEMS REMOVED FROM CONSENT AGENDA Director Finance VII. BUSINESS Bev Adams Dire ctor 29-33 A. Senate Bill 1531 Discussion (Clayton) Human Resources Barb Robson, Director IX. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS Parks and Public Works 15 -18 A. Second Reading, Ordinance No. An Ordinance Matt Samitore, ___, Amending CPMC Chapter 17.37, C -2(M); Chapter 17.44, Director Jennifer Boardman, C -4; and Chapter 17.46, C -5 Allowing Medical Marijuana Manager Dispensaries as a Conditional Use (Humphrey) Police Kris Allison Chief 20-21 B. Resolution No. , Allocating PacifiCorp Electric Franchise Fees to the Street Fund for Street Light Expense (Adams) 23 -27 C. First Reading — Ordinance Amending CPMC Chapter 10.04.100 Parking Prohibitions and 10.04.112 Mobile Home, Motor Home, Camper, Van, Car or Truck Parking Prohibitions (Allison) X. MAYOR'S REPORT XI. CITY MANAGER'S REPORT XII. COUNCIL REPORTS I: /IIl�r779e19i�917�Yi9�SU8f.7 XIV. EXECUTIVE SESSION 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 Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. 139�a19b1119�1�917�YY CITY OF CENTRAL POINT Central Point City Council Meeting Agenda City Hall March 27, 2014 541 - 664 -3321 11 C. Approval to cancel the April 24, 2014 Regular City City Council Council Meeting. Mayor Next Res. 1393 Hank Williams Next Ord. 1984 Ward I Bruce Dingler VII. ITEMS REMOVED FROM CONSENT AGENDA Director I. REGULAR MEETING CALLED TO ORDER -7:00 P.M. Ward 11 VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS Kelly Geiger Bev Adams Director II. PLEDGE OF ALLEGIANCE Ward III 15-18 A. Second Reading, Ordinance No. An Ordinance Ellie George III. ROLL CALL Ward IV C -4; and Chapter 17.46, C -5 Allowing Medical Marijuana Allen Broderick IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment At Large on items that are not on the agenda. David Douglas 20 -21 B. Resolution No. Allocating PacifiCorp Rick Samuelson V. SPECIAL PRESENTATION — SOREDI VI. CONSENTAGENDA Page 1- 6 A. Approval of March 13, 2014 Council Minutes Administration Chris Clayton, City 7 -10 B. Approval of OLCC Application for Schmizza Pub & Grill Manager 11 C. Approval to cancel the April 24, 2014 Regular City Deanna Casey, City Council Meeting. Recorder 12 -13 D. Approval of March 2014 Surplus List Community Development Tom Humphrey, VII. ITEMS REMOVED FROM CONSENT AGENDA Director VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS Finance Bev Adams Director 15-18 A. Second Reading, Ordinance No. An Ordinance Human Resources ___, Amending CPMC Chapter 17.37, C -2(M); Chapter 17.44, Barb Robson, Director C -4; and Chapter 17.46, C -5 Allowing Medical Marijuana Parks and Public Dispensaries as a Conditional Use (Humphrey) Works Matt Samitore, 20 -21 B. Resolution No. Allocating PacifiCorp Director Electric Franchise Fees to the Street Fund for Street Jennifer Boardman, Light Expense (Adams) Manager Police Kris Allison Chief 23 - 27 C. First Reading — Ordinance Amending CPMC Chapter 10.04.100 Parking Prohibitions and 10.04.112 Mobile Home, Motor Home, Camper, Van, Car or Truck Parking Prohibitions (Allison) W. BUSINESS A. Mae Richardson Traffic /Parking Discussion (Samitore) 29-33 B. Senate Bill 1531 Discussion (Clayton) X. MAYOR'S REPORT XI. CITY MANAGER'S REPORT XI I. COUNCIL REPORTS XIII. DEPARTMENT REPORTS XIV. EXECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XV. ADJOURNMENT Consent Agenda CAP032714 Page CITY OF CENTRAL POINT City Council Meeting Minutes March 13, 2014 I. REGULAR MEETING CALLED TO ORDER Council President Bruce Dingler called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams was excused. Council Members: Allen Broderick, Bruce Dingler, Kelly Geiger, Rick Samuelson, and David Douglas, were present. Ellie George was absent. City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Chief Kris Allison; Community Development Director Tom Humphrey; Parks and Public Works Director Matt Samitore; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES - None V. CONSENT AGENDA A. Approval of February 27, 2014 City Council Minutes B. Approval of Arbor Week Proclamation C. Approval of OLCC Application for Schmizza Pub and Grill D. Approval of Cheese Festival Traffic Control Plan City Manager Chris Clayton asked that the OLCC Application for Schmizza Pub and Grill be removed from the Consent Agenda. Allen Broderick moved to approve the Consent Agenda with the OLCC Application for Schmizza Pub and Grill being removed. Kelly Geiger seconded. Roll call: Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; David Douglas, yes; and Rick Samuelson, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA Mr. Clayton explained that there have been a few issues getting the applicant to respond to request by the Building Official to get permits and licensed contractors. Staff feels it is important to hold the OLCC authorization until these issues with the building can be solved. Once Mr. McIntire responds and there is some improvement in communication we will return with the application for approval. VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CAP032714 Paget City "f c,0, d PC, n t City cc?"C"I MinOc. Ma?,h 13, 2014 Pngc 2 A. Second Reading — Ordinance No. 1984, Amending Subsection 12.36.100 of the Municipal Code Amending the Height Requirements of Trees Over Public Streets Mr. Samitore explained that this was the second reading of an ordinance raising the height of tree branches allowed over public right of ways. There was one recommended change at the first reading regarding newly planted trees. Allen Broderick made a motion to approve Ordinance No. 1984, Amending Subsection 12.36.100 of the Municipal Code Amending the Height Requirements of Trees Over Public Streets Roll call: Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; David Douglas, yes; and Rick Samuelson, yes. Motion approved. B. First Reading /Public Hearing, An Ordinance Amending CPMC Chapter 17.37, C -2(M); Chapter 17.44, C -4; and Chapter 17.46, C -5 Allowing Medical Marijuana Dispensaries as a Conditional Use Mr. Humphrey explained that this is the second amendment to the Central Point Municipal Code in order to regulate Medical Marijuana Dispensaries. These proposed code amendments will reinforce the Council's actions in the zoning chapter. The Department of Land Conservation and Development (DLCD) have reviewed the recommendation and did not have any comments on the action. The Planning Commission held a hearing on March 4, 2014 and no one spoke for or against the amendments. The Commission recommended 4 to 2 in favor of the approval. They wanted to go on the record stating that they would rather see the dispensaries banned. The proposed Ordinance will add Medical Marijuana Dispensaries to the C -2(M), C -4, and C -5 Commercial zones as a conditional use. Any dispensary will be required to go through the provisions of a Conditional Use Permit as outlined in CPMC 17.76. This type of approval will be reviewed annually for both the business license and the conditional use. The City Council acknowledged the concern of the Planning Commission regarding the Medical Marijuana Dispensaries Kelly Geiger made a motion to move to second reading An Ordinance Amending CPMC Chapter 17.37, C -2(M); Chapter 17.44, C4; and Chapter 17.46, C -5 Allowing Medical Marijuana Dispensaries as a Conditional Use. David Douglas seconded. Roll call: Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; David Douglas, yes; and Rick Samuelson, yes. Motion approved. C. Resolution No. 1392, Declaring the City Council's Interest and Request to be Included in the Jackson County Enterprise Zone Which Includes an Electronic Commerce Zone Overlay Mr. Humphrey explained that at the direction of the Council, City Staff met with Jackson County staff to obtain more information about the County Enterprise CAP032714 Page City "f c,0, d PC, n t City cc?"C"I MinOc. Ma?,h 13, 2014 Pngc 3 Zone. The County is the agency who actually orchestrates the creation of and amendments to the rural Jackson County Enterprise Zone. The City of Central Point could be included in the Jackson County Enterprise Zones if the Council chooses to approve the recommended Resolution and Map of inclusion. There would also be an electronic Commerce Overlay with this enterprise zone. There was discussion regarding a proposed time line and the next steps. Staff will create a list of all the tax lots to be included in the zone. The County and SOREDI would like to have Gold Hill, Talent and Phoenix involved in the amendment sent to the State. The City of Central Point cannot create an Enterprise Zone of their own because of the limitations by the State. Kelly Geiger moved to approve Resolution No. 1392, Declaring the City Council's Interest and Request to be Included in the Jackson County Enterprise Zone Which Includes an Electronic Commerce Zone Overlay. Allen Broderick seconded. Roll call: Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; David Douglas, yes; and Rick Samuelson, yes. Motion approved. D. Resolution No. 1393, Updating the Public Works Standards and Specifications Parks and Public Works Director Matt Samitore introduced Public Works Engineer Tech II and Field Engineer Greg Graves. Mr. Graves is the person in charge of keeping the standards updated and enforced. Mr. Graves explained the major changes that are updated in the 2014 Standards and Specifications. Some of the items to be updated are cluster mail boxes, the use of municipex instead of copper, and the encouragement of low impact development. Several changes were a result of legislation from the state level that changes the way we do things. Most of those changes had already been incorporated butwere notwritten in the Standards. David Douglas made a motion to approve Resolution No. 1393, Updating the Public Works Standards and Specifications. Allen Broderick seconded. Roll call: Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; David Douglas, yes; and Rick Samuelson, yes. Motion approved. VIII. BUSINESS A. Planning Commission Report Community Development Director Tom Humphrey reported on the Planning Commission meeting from March 4, 2014: • The Commission considered Municipal Code Amendments for Chapter 17.37; 17.44; and 17.46 in order to include Medical Marijuana Dispensaries as a Conditional Use Permit in specific business zones. The CAP032714 Page City o /C',Ct' d Point City cc?" C"I Min"tc. March 13, 2014 Pagc 4 State has not agreed that cities have the right to permanently ban the dispensaries; this is the second step in designating specific business zones they will be allowed in. The Planning Commission wants it to be on the record that they would like to permanently ban the dispensaries if the State gives Local Government that ability. The Commission also heard recommendations to clarify the process of Urban Growth Boundary amendments in Chapter 17. There are internal inconsistencies in the code language that Jackson County has raised questions about. They are currently processing two Urban Growth Boundary applications for the City. Staff hopes to bring this before the City Council in April for a first reading. IX. MAYOR'S REPORT — No Mayors Report X. CITY MANAGER'S REPORT City Manager Chris Clayton reported that: • County Administrator Danny Jordan did a good presentation to the County Commissioners on the GMO issues. He will forward the video to the Council in his Friday report. There is a lot more involved in the GMO issues than most people realize. • The city of Medford has invited the Central Point City Council to a joint Emergency Management Training scheduled for Monday, May 19". This is a regularly scheduled Study Session night for Central Point. • City staff is working on the budget for next year. Things should be status quo for another year. We will be reviewing the option of going to a bi- annual budget in the near future. • Department Directors are working on their goals for the 2014/15 year. These will be presented to the Council at the Study Session. XI. COUNCIL REPORTS Council Member David Douglas reported on the School Board meeting. There was some contention at the board meeting over staff evaluations and contracts. Council Member Allen Broderick reported that the Parks Foundation will be going on a tour of City Parks and Facilities. Council members should attend this tour, it is very interesting. XII. DEPARTMENT REPORTS Parks and Public Works Director Matt Samitore stated that staff has been working on the traffic issues at Mae Richardson. There has been a Mae Richardson fix for the lights at Pine for several years. No one realized that it was written inside the box. An ODOT representative reconfigured the signal accordingly and the traffic issue has improved. The City will continue working with the school district for improved drop off areas. CAP032714 Page City "f c,0, d PC, n t City Cmmci!Min Oc, March 13, 2014 PagC r Police Chief Chris Allison reported that: • The department had increased patrol at Mae Richardson and that has also helped with traffic slowing down allowing children to cross safely. • She will be working on updates to the public drunkenness code. This is another item that is outdated and has not been changed to keep up with the state laws. • The department helped cover calls in the north part of Medford during their officer involved shooting last week. Working together assured safety for Central Point citizens and Medford citizens. • She should be bringing parking ordinance amendments to the Council at the first meeting in April. • They are half way through the D.A.R.E. curriculum for this year. D.A.R.E. days are set for May 23rtl. Council members are invited to attend. Community Development Director Tom Humphrey reported that: • Rich Carraro will be here to visit with the Boot Camp Alumni on March 23rtl — 25 ". If all works as planned we hope to create a poster for Central Point Tourism. • The Rogue Creamery will be having their annual Cheese Festival on Saturday. This is their 10" annual event and it brings a lot of visitors to Central Point. XIII. EXECUTIVE SESSION — ORS 192.660(2)(e) Real Property Transactions Allen Broderick made a motion to adjourn into Executive session under ORS 192.660(2)(e). Kelly Geiger seconded. All said "aye' and the meeting was adjourned into executive session at 8:20 p.m. The Council returned to Regular Session at 8:53 p.m. No action was taken. XIV. ADJOURNMENT Kelly Geiger moved to adjourn, Allen Broderick seconded, all said "aye' and the Council Meeting was adjourned at p.m. The foregoing minutes of the , 2014, Council meeting were approved by the City Council at its meeting of , 2014. Dated: Mayor Hank Williams ATTEST: Return to Agenda City Recorder CAP032714 Page DATE: March 27, 2014 City of Central Point, Oregon CENTRAL Community Development 140 S 3rd Street, Central Point, OR 97502 POINT Tom Humphrey, AICP 541.664.3321 Fax 541.664.6384 Community Development Director www.centralpointoregon.gov PLANNING DEPARTMENT MEMORANDUM DATE: March 27, 2014 TO Honorable Mayor & City Council FROM Tom Humphrey AICP, Community Development Director SUBJECT: Schmizza Pub & Grill OLCC Permit Backeround The Schmizza Pub & Grill has obtained a new business license and is applying for an OLCC permit to open their business and serve alcohol in Suite D at 1350 Plaza Blvd on April 1, 2014. The owner has been remodeling for the past several weeks and there has been sporadic building permit compliance. At the request of the Building Official (see Attachment A) the City Council pulled liquor license approval from their last consent agenda. The Community Development Department has followed -up with Mr. McIntire and his contractors to help him meet his proposed opening. An electrical permit was taken and that inspection will be complete by the Council meeting. A fire suppression system modification permit has not been taken at this writing but it is hoped that the permit and work will be done and inspected by next Thursday. An oral update will be given at the Council meeting which will enable the Council to make a decision on the OLCC permit application. Action Approve Schmizza Pub & Grill OLCC Liquor License application pending satisfactory completion of the Building Official's fire and life safety issues Attachments A. Email Message from Building Official dated March 13, 2014 CAP032714 Pagel Tom Humphrey From: Derek Zwagerman Sent: Thursday, March 13, 2014 8:14 AM To: Chris Clayton; Tom Humphrey Subject: Schmizza Pub & Grill This is an update on the remodel status of Schmizza Pub & Grill at 1350 Plaza Blvd., Ste. D & E Background: I spoke with the tenant, Ryan McIntire, when I reviewed his business license application and asked about remodeling. He said that he wasn't doing any remodeling. I periodically stopped by the location and noticed that an opening in a wall was being enlarged and light fixtures were in boxes on site. Electrical receptacles have also been added and removed. I again spoke with Mr. McIntire and told him he needed a permit for alterations to the structure. He applied for a permit, the permit fee was $23.01. Mr. McIntire was also told that he, his employees, laborers, or subcontractors could not do plumbing or electrical work without appropriate licenses. He was also told that a licensed electrical contractor is required to pull a permit for the electrical work being completed. As of today no electrical permit has been pulled for the work. I also spoke with Greg Armstrong, Construction Contractors Board — licensing enforcement, and Mike Weaver, electrical licensing enforcement. Both of these individuals have stopped by the job. Mr. Armstrong spoke with Mr. McIntire and has had past involvement with him. I visited the site with Mr. Weaver on Monday (3/10/14) and noticed that a cooler had been installed in the kitchen. This installation does not require a permit, but is indicative of the continued construction that is happening without notification from Mr. McIntire. The cooler installation also requires that the fire sprinkler system be modified to extend a sprinkler head into the cooler. As of Monday, none of the kitchen cooking equipment had been installed. The following items need to be completed: 1. Obtain electrical permit and inspections. 2. Obtain permit for kitchen hood fire suppression system modifications, and completed inspections. 3. Obtain a permit for fire sprinkler system modification (this has not been mentioned to Mr. McIntire). spoke with Mr. McIntire on Monday (3/10/14) and asked him when he was looking at opening. He stated that he would like to open during the first week of April. I would like to request that the OLCC license approval or recommendation for approval be withheld until Mr. McIntire completes the required building permit inspections prior to allowing the business to operate. The permits and inspections will insure that the building safety and safety of the public are at appropriate levels. Derek Zwagerman, P.E. Building Official City of Central Point 140 South Third Street Central Point, OR 97502 Desk: 541- 664 -6325 (x228) Fax: 541- 664 -1611 www.centralpointaregon.gov CAP032714 Page8 155 South Second Street • Central Point, OR 97502 Kristine Allison e. Ph: (541) 664 -5578 • Fax: (541) 664 -2705 • w .centralpointoregon.gov Chief Date: 02/27/2014 From: Captain Brian Day To Honorable Mayor Williams Subject: Request for OLCC License RE. Schmrzza Pub & Grill/Persons associated therewith Files of the Central Point Police Department contain no information pertinent to the request. Respectfully, Captain Brian Day Central Point Police Department CAP032714 'Pe.7/CW /0 E/`WC ®peQR7ACM'l ielf !a Leelle"ree RECEWED OREGON LIQUOR CONTROL COMMISSION FEB 0 7 2l LIQUOR LICENSE APPLICATION LICENSE TYPES 0 Full On- Premises Sales ($402.60*) 19COmmercial Establishment 0 Crasher 0 Passenger Carrier 0 Othef Public Location 0 Private Club 0 Limited On- Premises Sales (S202.80lyr) ❑ Off - Premises Sales ($1001yr) Owfth Fuel Pumps 0 Smeary Public House ($252.60) OWtnery (Si O Other, 90 -0AY AUTHORITY CITY AND COUNTY USil gONLY ACTIONS Date application mosived:g7n 0 Change Ownemhip in New Outlet The Clry Council or Pty, Commission0 Greater Privilege C 11 O : Y O Additional Privilege (nom ofr4 cecoaray) 0 Omer reeomotends that this license be: ❑ Granted ❑ Denied By (darn re) (date) Name: � .l 1 th Check hero if you are applying for a u change re app ownership at a business OLCC USE NL that has a cunent liquor license, or if you are applying for an OF- Premises Application Reed by Sales license and are requesting a 90.Day Temporary Authority APPLYING AS: Date -- Z/1411+ OLimited ®Corparal ❑ Limited Liability DlMividuals Partnership Company 1190-dayauthorl ❑ Vas [IN, 1. Entity or Individuals applying forthe license: [See SECTION 1 of the Guide] ® McIntire Inc 2. Trade Name (dbe).Schmi> ;a Pub2Gmb 3. Business Location -IM6 plaza Blvd Ste. D Carol Point Jackson OR (number, street, rural mi (col InwaM lnwn 4. Business Mailing Addrass:958 Pumpkin Ridge Eagle Point OR - 97524 (PO box, number, asset, rural route) (dry) (state) ---vol, toys) S. Business Numbers 541-879-3000 541 -879 -3001 (Pliena) (fax) S. Is the business at this location currently licensed by OLCC? Ayes Qdo 7. If yes to whom: Ws Type of 8. Former Business Name: Relax Sports Bar 9. Will you have a manager? +DYes [31 Name:Samh Stone (menaper nwe an out an IrMivku& Hlstary Ioim) 10. What is the local governing body where your business is located?Central Paint (name is qty or wuny) 11. Contact person for this application :Ryan McIntire 541 -941 -0795 (name) (pame nueric )) 958 Pumpkin Ridge 541- 879 -3001 pzalvr�aol cbm (eaaress) (fas number) (email atltlmas) I untterstan am a of true and complete, the OLCC may deny my license application. App (s) natures) an Date: / _ 4 I Date1 /t® Date ® Date O Date 1- 8001 (6522) r wwwgregon.govlolac CAP032714 Page 10 (rw.01 A CENTRAL POINT ADMINISTRATION DEPARTMENT 140 South 3rtl Street Central Point, OR 97502 (541) 664 -7602 www centralpointoregon. gov STAFF REPORT March 27, 2014 CONSENT AGENDA ITEM: Cancellation of April 24, 2014 Regular City Council Meeting STAFF SOURCE: Chris Clayton, City Manager BACKGROUND: Due to two Budget Meetings at the end of April Staff is recommending the cancellation of the April 24, 2014 Council Meeting. There are no pending items that cannot wait until the May 81h Council meeting. If there are business items that require immediate action the Mayor has authority to notice a meeting to take care any items that cannot wait till the next scheduled meeting. FISCAL IMPACTS: None RECOMMENDATION: Staff recommends cancellation of the April 24, 2014 City Council meeting. There will be no Study Sessions in April. CAP032714 Page 11 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 STAFF REPORT March 21, 2014 AGENDA ITEM: The City would like to surplus the following items STAFF SOURCE: SUMMARY: Current list of surplus from new purchases and consolidations across all departments from January through March 1, 2014. RECOMMENDATION: Staff Recommends approving the surplus list. RECOMMENDATION Approve the surplus property list. Return to Agenda CAP032714 Page 12 Item# Qty Make /Made) Description Notes Disposition 3027 1 Husgvara Riding lawnmower See GTH2548- Replaced Auction 1 Hand Pipe Bender Indudesalldies Itemreplaced Auction 1 Air Mate Air Compressor Itemreplaced Auction 1 Blue Point Transmission Jack (Air over Hydraulics) No longer used Auction 1 Norco Transmission floomack No longer used Auction 3108 1 Clemm Sandblaster No longer used Auction 3033 1 Chicago Gen sister Se rp25]84] DI d- Has been re place d Auction 2069 1 Kellogg American Ai r Compre ssor an d hose Dld -no longer used Auction 3055 1 B lack &De Ike r El ecto I lac k Hamme r Dld -no longer used Auction 3037 1 ADD Ai r Compre ssor Se,492070070330 Dld -no longer used Auction 1 DI I He ater No longer used Restore or Goodwill 12 Misc tires No longer used Auction 1 Dryer Dld -no longerured Recycle 4 Bundlesoffence slats Notneeded Auction 2020 1 Billy Goatw /2bags No longerured Auction 2024 1 Husgvara Push mower No longer used Auction 1 Generac Pressure Washerw /wand No longerured Auction 1 Eureka Vacuum No longer used Goodwill 3 Deskchairs(includes old dreftingchair) No longerused(Re placed) 35 Buckets of galy In Iced fittings Can'tuse -con tai n Is ad 3 Pall ecs for poi n t m ach,n e Item replaced 1 Weed ve,der Notneeded 1 Popcorn popper Item replaced Auction 1 3 drawer file cabinet -brown Notneeded Res tore o r G.d will 3202 1 Cushman Truck Did- nelengerused Auction 3120 1 In to mationa15400J Dump Truckri Itemrepleced Auction 1 Snap On Mean (Module, It gnedi c Information S,gem) No longer used Auction 3195 1 Ingersol Rand Compressor(towable( Item replaced Auction 1 Truck tool box (From PWVK 3019( Item replaced Auction 1 Hot a, r lance No longer used Auction 41 PR Leather Gloves Kino, No longer used Auction 106PR Leathergleves- yellow No longer used Auction 1PR Rubberboot, No longer used Restore or Goodwill 1 Microwave Item replaced Recycle 1 Off, ce desk- brown /grey 2 or Fee and d rawer, No longer used 1 Office desk Grey No longer used 1 Propane heater No longer used Auction 2 Floodlights No longer used Auction 1 Hu,gvama Hedge Mmmer No longer used Auction 1 Office desk - wood- fightbrown No longer used 1 Drafting table (Old style( No longer used Auction 3 Hyd rant bases No longer used 2 4drawerfilecabinets -tan No longer used 6 PD Lockers No longer used Auction or Re,mre CAP032714 Page 13 PD [able, Autt,on or ReROre 1 Phil i p, VHS /DV D player And, on o r Gm,mal 11 2 Wi n dews from BIDS booths Item replaced Restore 1 Proleao rscreen and stand No longer used Restore PDholster, No longer used Restore PD radios No longer used(Analogh DayWireleW (Wipe & destroy) 2110 1 Cyders 12' Mower No longer used Donate to School District IX6 2116 1 LerdPri de 8'Rake No longer used Donate to School District IX6 2114 1 Brillion Seeder No longer used Donate to School District IX6 3055 1 SMndaiwa Powerbroom No longer used 3056 1 SMndaiwa Powerbroom No longer used 1BOx Miss off iWI terns If To Into r, backrest, talc I No longer used Goodwill 1 Lg White board (with grid) No longer used Restore 1 Child 4 plastic play kitchen No longer used Goodwill 1 Oak desk shell (No d rowers) Replaced 1 Fi le cab) net (2 d rawer) No longer used Goodwill or Restore CAP032714 Page 13 Ordinance Amending Chapter 17 Allowing Dispensaries as Conditional Use CAP032714 Page 14 STAFF REPORT om- CENTRAL POINT STAFF REPORT March 27, 2014 Planning Department lam Humphrey.AICP, Community fJevelopment f]irector/ AGENDA ITEM: File No. 13020 Second Reading of Municipal Code Amendments to revise Chapter 17.37, C -2(M); Chapter 17.44, C -4; and Chapter 17.46, C-5 to allow Medical Marijuana Dispensaries as Conditional Uses. Applicant: City of Central Point. STAFF SOURCE: Tom Humphrey, Community Development Director BACKGROUND: At its last meeting the City Council conducted a public hearing to consider amendments to Chapter 17 Zoning which would reinforce changes to Title 5 (Chapter 5.40) which manages Medical Marijuana Dispensaries in Central Point until such time as the Council chooses to prohibit such dispensaries. The zoning amendments were sent to the Department of Land Conservation and Development (DLCD) for their review and comment and the City has received nothing from them to date. The Planning Commission conducted a public hearing on March 4, 2014 and no one spoke either in support or in opposition to this amendment. The Commission recommended 4 to 2 in favor of approval. The dissenting members preferred that the Council prohibit dispensaries outright. DISCUSSION: The City's approach to the new state law has been to add CPMC Chapter 5.40 which defines medical marijuana dispensaries and specifies the conditions under which they would be allowed. The Attached Ordinance is being proposed to amend Chapter 17 in order to reinforce language in Chapter 5.40 allowing dispensaries in three commercial zones (C -2M. C-4 and C -5) as a conditional use. The Council believes that prohibiting dispensaries outright would simply invite expensive and unnecessary litigation. The State Legislature recently adopted HB 1531 which makes clear that reasonable time, place and manner (TPM) restrictions are permitted by jurisdictions which is what Central Point amendments accomplish. A moratorium allowed by HB 153 t, if adopted, would be effective only for one year until May t, 2015. In our case there does not appear to be much benefit to adopting a moratorium. The only reason to adopt a moratorium would be that in the event the law is further clarified in the next year to allow cities to ban dispensaries, Central Point would not mn the risk of allowing such a business to open, and then later prohibiting the use, which would create an enforcement issue between the business license and the legal nonconforming use. The Council has appeared to be in favor of the changes staff is advocating until the State makes an outright prohibition more clear. Page I oft CAP032714 Page 15 The following section changes are summarized as follows: I. Section 17.37 C -2(M) Commercial - Medical District. This section has been revised to add Medical Marijuana Dispensaries, as defined in Chapter 5.40 as Conditional uses noted in Attachment "A ". Given that the C -2(M) zoning district is surrounded by residential uses and that there is a 500 foot buffer from those uses, there are no properties in the existing C -2(M) zone where a dispensary can be established. 2. Section 17.44 C -4 Tourist and Office-Professional District. This section has been revised to add Medical Marijuana Dispensaries, as defined in Chapter 5.40 as Conditional uses also noted in Attachment "A ". This is the principle zoning district where the City could see some applications. 3. Section 17.46 Thoroughfare Commercial District. This section has been revised to add Medical Marijuana Dispensaries, as defined in Chapter 5.40 as Conditional uses also noted in Attachment "A". ISSUES: As discussed, the primary issue has been 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. After having adopted Chapter 5.40 regulating dispensaries in general, the zoning districts referred to should be consistent with the rest of the CPMC. Adoption of these zoning amendments would reinforce the Council's earlier action. It should also be noted again that state law allows dispensaries in both commercial and industrial zones. However, Central Point does not typically allow arty 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. ATTACHMENTS: Attachment "A "— Ordinance No. An Ordinance amending CPMC Chapter 17.37, C -2(M); Chapter 17.44, C -4, Chapter 17.46, C -5 to allow Medical Marijuana Dispensaries as a Conditional Use. ACTION: Discuss proposed ordinance amendments and 1) adopt the ordinance as is; 2) adopt the ordinance with changes; or 3) deny the ordinance. RECOMMENDATION: Approve Ordinance No. , An Ordinance amending CPMC Chapter 17.37, C -2(M); Chapter 17.44, C -4, Chapter 17.46, C -5 to allow Medical Marijuana Dispensaries as a Conditional Use. Page 2 of 2 CAP032714 Page 16 ORDINANCE NO. AN ORDINANCE AMENDING CPMC CHAPTER 17.37, C -2(M); CHAPTER 17.44, C -4 AND CHAPTER 17.46, C -5 ALLOWING MEDICAL MARIJUANA DISPENSARIES AS A CONDITIONAL USE 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 March 4, 2014, the Central Point Planning Commission recommended approval of a code amendment to CPMC Chapter 17.37; Chapter 17.44 and Chapter 17.46 (zoning) allowing Medical Marijuana Dispensaries as a conditional use in these zones. C. On March 13, 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 Amendment. THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION I. Amendments to Chapter 17.37; Chapter 17.44 and Chapter 17.46 adds language to the zoningcode to allow Medical Marijuana Dispensaries as a conditional use in these zones in response to the passage of House Bill 3460 which became effective on March 3, 2014. Chapter 17.37 C -2(M), COMMERCIAL - MEDICAL DISTRICT 17.37.030 Conditional uses. The following uses are permitted in the C -2(M) district when authorized in accordance with Chapter 17.76: A. Insurance company offices; B. Legal services; C. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities, may be permitted as conditional uses when not included within the primary building or structure; and D. Permitted uses that are referred to the planning commission by city staff because they were found to exhibit potentially adverse or hazardous characteristics not normally found in uses of a similar type and size. Ordinance No _ (032414) CAP032714 Page 17 E. Medical Marijuana Dispensaries, as defined in Chapter 5.40 Chapter 17.44 C -4, TOURIST AND OFFICE- PROFESSIONAL DISTRICT 17.44.030 Conditional uses. A. The following uses are permitted in the C-4 district when authorized in accordance with Chapter 17.76, Conditional Use Permits: 1. Campgrounds and recreational vehicle overnight facilities; 19. Permitted uses that are referred to the planning commission by city staff because they were found to exhibit potentially adverse or hazardous characteristics not normally found in uses of a similar type and size. 20. Medical Marijuana Dispensaries, as defined in Chapter 5.40 Chapter 17.46 C -5, THOROUGHFARE COMMERCIAL DIS'PRICT 17.46.030 Conditional uses. The following uses are permitted in the C -5 district when authorized in accordance with Chapter 17.76: 22. Adult businesses, as defined in Chapter 5.24; ... 28. Regional shopping centers. 29. Medical Marijuana Dispensaries, as defined in Chapter 5.40 PASSED by the Council and signed by me in authentication of its passage this _ day of March 2014. Mayor Hank Williams ATTEST: City Recorder Ordinance No ___ (032414) Return to Agenda CAP032714 Page 18 Resolution Allocating Pacificorp Electric Franchise Fees CAP032714 Page 19 Pry CENTRAL Staff Report POINT To: Mayor &Council From: Bev Adams, Finance Director Date: March 27, 2014 Subject: Electric franchise distribution Background: Finance Department Be, Adams, Finance Director In December 2011 the Council passed Resolution 131g approving a new io year electric utility franchise agreement with PacifCorp. In the agreement, the Council also increased the franchise fee from 5% to 6 %, and by motion designated the i% increase to be distributed to the Street Fund to "offset current street light electrical generation costs of $145,00o annually ". Unfortunately, the i% allocation is not covering the street light expenses as initially hoped for. The total bill for street lights last fiscal year was $172,495, and the i% of revenue from PacifCorp amounted to 51o8,941- a shortage of $63,554 For purposes of freeing up Street Fund money for needed street projects and to fully cover street light expenses, we are requesting Council consideration to revise the December 2011 motion (by resolution) from the current designated i% allocation to the provision for "allocation of electrical franchise revenues to cover the cost of street lighting expense up to and not to exceed $175,000 per fiscal year ". Recommended Action: That Council approve the attached resolution revising PacificCorp electrical franchise revenue distribution amount to the Street Fund. CAP032714 Page 20 RESOLUTION NO. A RESOLUTION ALLOCATING PACIFCORP ELECTRIC FRANCHISE FEES TOTHE STREET FUND FOR STREET LIGHT EXPENSE RECITALS: A. In December 2011 City Council passed Resolution 131q approving a io year electric utility franchise agreementwith PacifCorp and increased the franchise fee from 5% to 6 %. B. Council by motion designated the additional i% of electric franchise revenue to the Street Fund to "offset current street light electrical generation costs of $145,000 annually ". C. Street Fund expenses forstreet light utilities are considerably more than the i% currently allocated. D. To fully offset the street light expense and therefore relieve funds needed forstreet repairs and projects, the allocation of electrical franchise revenues shall be revised as stated in Section i below. THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS: Section 1: The General Fund electric franchise revenue allocation to the Street Fund shall be to cover the cost of street light expense up to and not to exceed $175,000 per fiscal year. Section z. This new allocation will become effective on July 1, 2014. Passed by the Council and signed by me in authentication of its passage this day of ATTEST: Deanna Casey, City Recorder CAP032714 Page 21 Hank Williams, Mayor Return to Agenda Ordinance Amending Chapter 10.04 Parking Prohibitions CAP032714 Page 22 STAFF REPORT To: The Honorable Mayor and City Council From: Kris Allison, Chief of Police SUBJECT: Amendment to 10.04.112 Mobile home, motor home, camper, van, car, truck parking -- Prohibitions Date: March 27. 2014 Executive Summary: Over the last 12 months the City of Central Point Police Department has seen an increase of complaints regarding vehicles (motor homes) that are parked on city streets in excess of the 72 hours that is defined in our city ordinance. After investigation it appears that the problem that continues to arise with a select few vehicle owners is their ability to park their vehicle on city streets for 71 hours, moving it several feet back or forward, and resetting the timeline for another 71 hours without consequences. I believe this a small section on our population that engage in this behavior, but it has caused an increase of complaints from our citizens who have asked a remedy be considered. I asked our city attorney to look into what I would describe as a loop hole in our ordinance and language that would assist the code enforcement officer regarding these ongoing issues. After reviewing the documents provided by our city attorney and conferring with our code ordinance officer I would recommend that this amended ordinance would rectify the ongoing issues of parking in our city. CAP032714 Page 23 ORDINANCE NO. AN ORDINANCE AMENDING CPMC CHAPTER 10.04.100 PARKING PROHIBITIONS AND 10.04.112 MOBILE HOME, MOTOR HOME, CAMPER, VAN, CAR OR TRUCK PARKNG PROHIBITIONS RECITALS A. Words lined -through are to be deleted and words in bold are added. B. Amending Central Point Municipal Code 10.04.100 deleting subsection (I) regarding the loading and unloading of passengers or anything within any part of the street or intersection. C. Amending Central Point Municipal Code 10.04.112 subsection (A) Motor Vehicle, Motor Home, Trailer and Commercial Vehicle prohibitions. Adding Section (C) as it is not an affirmative defense to subsections (A)(1) or (A)(2) to be moved from one place to another, so long as it is left on a street, alley, or other municipal property for more than a cumulative seventy-two consecutive hours. Adding subsection (D) definitions. THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION L Amendments to Chapter 10.04.100 and Chapter 10.04.112 are amended as presented below: Chapter 10.04 "TRAFFIC IZEGULA "LIONS Sections: 10.04.100 Parking Prohibitions 10.04.112 Parking Moleil hoi P�iow.. hoioai�pei:. t....a 63F t....,.11 an. Motor Vehicle, Motor Home, Trailer and Commercial Vehicle parking — Prohibitions. 10.04.100 Parking Prohibitions. In addition to provisions of the Motor Vehicle Laws of Oregon prohibiting parking, no person shall stop or park a vehicle: A. Upon a bridge, viaduct or other elevated structure used as a street, unless otherwise indicated by lawfully installed signs; Ordinance No. (032714) CAP032714 Page 24 B. In an alley or across an entrance to an alley or private driveway except to load or unload persons or materials and in no event for a longer period of time than necessary for said purpose; C. Upon a street for the principal purpose of: I. Displaying the vehicle for sale, 2. Displaying advertising from the vehicle, 3. Selling merchandise from the vehicle except in an established market place or when so authorized or licensed under the ordinances of the city; D. Within ten feet of any fire hydrant or within thirty feet of any fire station; E. Between the curb or traveled portion of the street or alleyway where there is no curb and the private property line, except where such parking is within a driveway and does not obstruct a sidewalk or other established use of the city's right-of-way or clear vision areas for vehicular or pedestrian traffic. F. For a period of time in excess of any duly posted parking time limit; G. On the roadway side of a vehicle already parked; H. With the front or rear of such vehicle, as the case may be, within less than twenty -five feet from the intersection of the property lines at an intersection; intersection, crosswalk or pedestrian lane; J, 1. Upon a street where the portion of the street is so designated by a no parking sign, or yellow - painted curb, or both. Presence of a no parking sign or a yellow - painted curb shall be prima facie evidence that the sign or paint has been lawfully placed pursuant to Section 10.04.020 of this chapter. 10.04.1 12 nI,. b ., .,. r., a,. «,....,. .. . -. ., .. « «.. ., Motor Vehicle, Motor Home, Trailer and Commercial Vehicle parkin° Prohibitions. A. No person shall park any Motor Vehicle, Motor Home, Trailer and Commercial Vehicle: mobile home, motor home, i an, car, camper, trader, beat or other recreational i Phi,l Ordinance No. (032714) CAP032714 Page 25 I. In one location on any portion of any public street or alley for any period longer than seventy -two consecutive hours, except that short-term out of town visitors may park such recreational vehicles for a period not to exceed two weeks in any one calendar year; or 2. In one location on any portion of any public street or alley or in the front setback area of any residential property, when parking in such setback area impairs clear vision for traffic safety. B. No person shall reside in any Motor Vehicle, Motor Home, Trailer or Commercial Vehicle except that persons may temporarily reside in a motor home, � camper, m Motor Home, including specifically a camper, tent trailer, car, truck, tent, or any other type of nondwelling living structure, in any front, side or rear yard area of any residential property for a period not to exceed more than two weeks in any one calendar year. C. It is no defense to subsections (A)(1) or (A)(2) that the Motor Vehicle, Motor Home, Trailer or Commercial Vehicle described therein has been moved from one place to another, so long as it is left on a street, alley or other municipal property for more than a cumulative seventy -two consecutive hours. This act is defined as intentionally moving a Motor Vehicle, Motor Home or Trailer or Commercial Vehicle a limited distance and re- parking the subject vehicle or trailer to appear as though it is being used in violation of this section. D. Definitions: 1. Motor Vehicle means any self - propelled vehicle and any such vehicle in combination with any trailing units, used or physically capable of being used upon any public highway in this state in the transportation of persons or property, except vehicles operating wholly on fixed rails or tracks and electric trolley buses, including but not limited to motor homes, vans, cars, campers, trailers, boats, recreational vehicles and commercial vehicles. "Motor vehicle" includes over - dimension vehicles or vehicles permitted excessive weights pursuant to a special authorization issued by a city, county or the Department of Transportation. 2. Motor Home means a vehicle that has been designed, reconstructed, or permanently altered to provide facilities for human habitation, i.e., permanent sleeping and cooking facilities. This includes permanently mounted campers on pickup trucks or other truck frames. 3. Trailer shall include: boat trailer, camping trailer including what is commonly known as a "fifth wheeler," horse trailer, utility trailer or any other Ordinance No. (032714) CAP032714 Page 26 vehicle or conveyance designed to be connected to and drawn by a motor vehicle or recreational vehicle. 4 Commercial Vehicle means a vehicle that will be operating at a gross vehicle weight rating or combination weight over 26,000 pounds and includes vehicles designed to transport 16 or more persons and vehicles designed to transport hazardous materials regardless of weight. PASSED by the Council and signed by me in authentication of its passage this day of March 2014. Mayor Hank Williams ATTEST: City Recorder Ordinance No. (032714) 1 Return to Agenda CAP032714 Page 27 Business Senate Bill 1531 Discussion CAP032714 Page 28 CENTRAL Administration Department POINT Chris Clayton, City Manager INTEROFFICE MEMO Deanna Casey, City Recorder Barb Robson, Human Resources Director TO City Council FROM Chris Clayton SUBJECT: Senate Bill 1531 Discussion Item DATE: 3 -27 -2014 Council Members The 77" Oregon Legislative session recently concluded with the adoption of Senate Bill 1531. Several provisions included in Senate Bill 1531 clarify Oregon Cities & Counties legal authority /options on regulating medical marijuana dispensaries (House Bill 3460). City staff and legal counsel would like a council discussion regarding future direction on this issue. Attached: I. Senate Bill 1531 CAP032714 Page 29 77th OREGON LEGISLATIVE ASSEMBLY 2014 Regular Session Enrolled Senate Bill 1531 Sponsored by Senators HANSELL, MONROE, STARR; Senators BAERTSCHIGER JR, BOQUIST, CLOSE, FERRIOLI, GIROD, JOHNSON, KNOPF, KRUSE, MONNES ANDERSON, OLSEN, THOMSEN, WHITSETT, WINTERS, Representatives ESQUIVEL, JENSON, THATCHER, THOMPSON, WHISNANT, WITT (at the request of Association of Oregon Counties and League of Oregon Cities) (Presession filed.) CHAPTER AN ACT Relating to marijuana facilities; creating new provisions; amending ORS 475.314; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2 of this 2014 Act is added to and made a part of ORS 475.300 to 475.346. SECTION 2. Notwithstanding ORS 633.738, the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of medical marijuana facilities registered, or applying for registration, under ORS 475.314 that are located in the area subject to the jurisdiction of the city or county. For purposes of this section, "reason. able regulations" includes reasonable limitations on the hours during which a medical marijuana facility may be operated, reasonable limitations on where a medical marijuana facility may be located within a zone described in ORS 475.314 (3)(a) and reasonable condi. tions on the manner in which a medical marijuana facility may dispense medical marijuana. SECTION 3. (1) Notwithstanding ORS 475.314 and section 2 of this 2014 Act, the governing body of a city or county may adopt an ordinance enacting a moratorium on the operation of registered medical marijuana facilities until May 1, 2015, in the area subject to the juris. diction of the city or county if the moratorium is enacted no later than May 1, 2014. (2) Notwithstanding ORS 475.309 (1)(b), a person who is responsible for or employed by a registered medical marijuana facility located in an area subject to the jurisdiction of a city or county that enacts a moratorium under this section is not excepted from the criminal laws of this state for possession or delivery of marijuana, aiding and abetting another in the possession or delivery of marijuana or any other criminal offense in which possession or delivery of marijuana is an element. (3) The governing body of a city or county that enacts a moratorium under this section must notify the Oregon Health Authority, in a manner prescribed by the authority, of the moratorium. (4) A registered medical marijuana facility that is located in an area subject to the ju. risdiction of a city or county that enacts a moratorium under this section may choose to surrender the medical marijuana facility's registration. To surrender registration under this subsection, the medical marijuana facility must notify the authority, in a manner prescribed Enrolled 9caatc Bill 1531 (SB 1531 C) Pa, 1 CAP032714 Page 30 by the authority, of the surrender. If a medical marijuana facility surrenders registration under this subsection, the authority may refund any fee imposed by the authority pursuant to ORS 475.314 (12). SECTION 4. Section 3 of this 2014 Act is repealed on January 2, 2016. SECTION 5. ORS 475.314 is amended to read: 475.314. (1) The Oregon Health Authority shall establish by rule a medical marijuana facility registration system to authorize the transfer of usable marijuana and immature marijuana plants from (a) A registry identification cardholder, the designated primary caregiver of a registry identifi- cation cardholder, or a person responsible for a marijuana grow site to the medical marijuana Is cility; or (b) A medical marijuana facility to a registry identification cardholder or the designated primary caregiver of a registry identification cardholder. (2) The registration system established under subsection (1) of this section must require a med- ical marijuana facility to submit en application to the authority that includes: (a) The name of the person responsible for the medical marijuana facility; (b) The address of the medical marijuana facility; (c) Proof that the person responsible for the medical marijuana facility is a resident of Oregon; (d) Documentation, as required by the authority by rule, that demonstrates the medical marijuana facility meets the qualifications for a medical marijuana facility as described in sub- section (3) of this section; and (e) Any other information that the authority considers necessary. (3) To qualify for registration under this section, a medical marijuana facility: (a) Must be located in an area that is zoned for commercial, industrial or mixed use or as ag- ricultural land; [and may not he located at the same address as marijuana grew site;] (b) May not be located at the same address as a marijuana grow site; [(h)] (c) Must be registered as a business or have filed a pending application to register as a business with the Office of the Secretary of State; [(c)] (d) Must not be located within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors; [(d)] (e) Must not be located within 1,000 feet of another medical marijuana facility; and [(J] (f) Must comport with rules adopted by the authority related to (A) Installing a minimum security system, including a video surveillance system, alarm system and safe; and (B) Testing for pesticides, mold and mildew and the processes by which usable marijuana and immature marijuana plants that test positive for pesticides, mold or mildew must be returned to the registry identification cardholder, the cardholders designated primary caregiver or the cardholders registered grower. (4)(a) The authority shall conduct a criminal records check under ORS 181.534 of a person whose name is submitted as the person responsible for a medical marijuana facility under subsection (2) of this section. (b) A person convicted for the manufacture or delivery of a controlled substance in Schedule I or Schedule II may not be the person responsible for a medical marijuana facility for five years from the date the person is convicted. (c) A person convicted more than once for the manufacture or delivery of a controlled substance in Schedule I or Schedule It may not be the person responsible for a medical marijuana facility. (5) If a person submits the application required under subsection (2) of this section, the medical marijuana facility identified in the application meets the qualifications for a medical marijuana to elite described in subsection (3) of this section and the person responsible for the medical marijuana facility passes the criminal records check required under subsection (4) of this section, the authority shall register the medical marijuana facility and issue the person responsible for the medical marijuana facility proof of registration. The person responsible for the medical marijuana facility Enrolled Senate Bill 1531 (SB 1531 C) Page 2 CAP032714 Page 31 shall display the proof of registration on the premises of the medical marijuana facility at all times when usable marijuana or immature marijuana plants are being transferred as described in sub- section (1) of this section. (6)(a) A registered medical marijuana facility may receive usable marijuana or immature marijuana plants only from a registry identification cardholder, designated primary caregiver or person responsible for a marijuana grow site if the registered medical marijuana facility obtains authorization, on a form prescribed by the authority by rule and signed by a registry identification cardholder, to receive the usable marijuana or immature mar. noun plants. (b) A registered medical marijuana facility shall maintain: (A) A copy of each authorization form described in paragraph (a) of this subsection; and (B) Documentation of each transfer of usable marijuana or immature marijuana plants. (7) A medical marijuana facility registered under this section may possess usable marijuana and immature marijuana plants in excess of the limits imposed on registry identification cardholders and designated primary caregivers under ORS 475.320. (8)(.) A registered medical marijuana facility may not transfer any tetrahydrocannabinol- infused product that is meant to be swallowed or inhaled, unless the product is packaged in child - resistant safety packaging that meets standards established by the authority by rule. (b) A registered medical marijuana facility may not transfer any tetrahydrocannabinol. infused product that is manufactured or packaged in a manner that is attractive to minors, as determined by the authority by rule. [(8)] (9) The authority may inspect: (a) The premises of an applicant for a medical marijuana facility or a registered medical marijuana facility to ensure compliance with the qualifications for a medical marijuana facility de- scribed in subsection (3) of this section; and (b) The records of a registered medical marijuana facility to ensure compliance with subsection (6)(b) of this section. [(9)(0)] (1000.) A registry identification cardholder or the designated primary caregiver of a registry identification cardholder may reimburse a medical marijuana facility registered under this section for the normal and customary costs of doing business, including costs related to transferring, handling, securing, insuring, testing, packaging and processing usable marijuana and immature marijuana plants and the cost of supplies, utilities and rent or mortgage. (b) A medical marijuana facility may reimburse a person responsible for a marijuana grow site under this section for the normal and customary costs of doing business, including costs related to transferring, handling, securing, insuring, testing, packaging and processing usable marijuana and immature marijuana plants and the cost of supplies, utilities and rent or mortgage. [(10)] (11) The authority may revoke the registration of a medical marijuana facility registered under this section for failure to comply with ORS 475.300 to 475.346, [or] rules adopted under ORS 475.300 to 475.346 or ordinances adopted pursuant to section 2 of this 2014 Act The authority may release to the public a final order revoking a medical marijuana facility registration. [(11)] (12) The authority shall adopt rules to implement this section, including rules that (a) Require a medical marijuana facility registered under this section to annually renew that registration; and (b) Establish fees for registering and renewing registration for a medical marijuana facility un- der this section. SECTION 6. This 2014 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2014 Act takes effect March 1, 2014. Enrolled Senate 6111 1531 (S6 1531 C) Page 3 CAP032714 Page 32 Passed by Senate February 18, 2014 Repassed by Senate March R, 2014 Robot t T,loq Sect etary of Senate Peter Courteeg President of Senate Passed by House March 5, 2014 Tina Kotek, Speaker of House Fmolled Senate MI 1531 (SR 1531 -C Received by Covernoe ........................ M., ......................................................... 1 2014 Approved: 2014 Sohn Kitzhabn, G -oi,,a Filed in Office of Secretary of State: CAP032714 Page 33 2014 Kate Brown, Smetan of Slate Return to Agenda