HomeMy WebLinkAboutCAP041014Central Point
City Hall
541- 664 -3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingler
Ward 11
Kelly Geiger
Ward III
Ellie George
Ward IV
Allen Broderick
At Large
David Douglas
Rick Samuelson
Administration
Chris Clayton, City
Manager
Deanna Casey, City
Recorder
Community
Development
Tom Humphrey,
Director
Finance
Bev Adams Director
Human Resources
Barb Robson, Director
Parks and Public
Works
Matt Samitore,
Director
Jennifer Boardman,
Manager
Police
Kris Allison Chief
CITY OF CENTRAL POINT
City Council Meeting Agenda
April 10, 2014
Next Res. 1394
Next Ord. 1984
I. REGULAR MEETING CALLED TO ORDER -7:00 P.M.
II�]174HYULIU:1000N;
III. ROLL CALL
IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment
on items that are not on the agenda.
V. CONSENTAGENDA
Page 2 - 8 A. Approval of March 27, 2014 Council Minutes
9-10 B. Approval of OLCC Application for-Schmizza Pub and Grill
VI. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
12-14 A. Ordinance No. Amending CPMC Chapter
5.40.040 Medical Marijuana Dispensaries License
Registration Required and Declaring an Emergency
(D re ye r)
16 -19 B. Ordinance No. _ _ An Ordinance of the City of
Central Point Declaring a Moratorium on Medical
Marijuana Facilities, and Declaring an Emergency
(Dreyer)
21 -25 C. Ordinance No. , Amending CPMC Chapter
10.04.100 Parking Prohibitions and 10.04.112 Mobile
Home, Motor Home, Camper, Van, Car or Truck Parking
Prohibitions (Allison)
27 -29 D. First Reading — An Ordinance Deleting Section 9.54.020 Drunkenness of
the Central Point Municipal Code (Allison)
W. BUSINESS
31 A. Discussion regarding Comprehensive Plan Amendments (Humphrey)
33 B. Planning Commission Report (Humphrey)
X. MAYOR'S REPORT
XI.
CITY MANAGER'S REPORT
XI I.
COUNCIL REPORTS
XIII.
DEPARTMENT REPORTS
XIV. EXECUTIVE SESSION — ORS 192.660(2)(h) Legal Counsel
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executive session are not for publication or broadcast.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
CAP041014 Page
CITY OF CENTRAL POINT
City Council Meeting Minutes
March 27. 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: Allen Broderick, Bruce Dingler, Kelly
Geiger, and Rick Samuelson were present. David Douglas
was excused. Ellie George was absent.
City Manager Chris Clayton; City Attorney Sydnee Dreyer;
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
V. SPECIAL PRESENTATION — SOREDI
SOREDI representatives Ron Fox and Colleen Johnston presented the Help Business
Prosper program and the new Southern Oregon Edge program. Their strategies are to
help existing businesses prosper; attract new businesses; and promote new business
startups. They updated the Council on the Southern Oregon Angel concept that helps
new businesses get a start by promotion and financial support. They encourage
businesses to take advantage of the Enterprise Zones and E- commerce zones.
They up dated the Council on the daily activity of SOREDI explaining the amount of
outreach calls that they do on a monthly basis. They hope to launch a new website in a
few months to help get the word out about SOREDI and the opportunities in Southern
Oregon. They plan to work with local governments to help promote options available to
new and existing businesses.
Council Member Broderick would like to see more opportunity to keep young adults here
in the valley. He feels that there are not enough jobs or education to keep our youth in
the valley. Council Member Geiger stated that he was able to start his business with the
help of SOREDI and feels that the local governments should help support their efforts.
SOREDI is asking local governments to help raise $45,000 to roll out the new Southern
Oregon Edge Program. Mr. Clayton stated that the Budget Committee will discussion
options for a donation at the budget meetings in April.
VI. CONSENT AGENDA
A. Approval of March 13, 2014 City Council Minutes
CAP041014 Page 2
City o /C',Ct' d Point
City cc?"C"I Min utc.
March 2], 2014
Pagc 2
B. Approval of OLCC Application for Schmizza Pub & Grill
C. Approval to cancel the April 24, 2014 Regular City Council Meeting.
D. Approval of March 2014 Surplus List
Allen Broderick made a motion to approve the Consent agenda except for
item B, OLCC Application for Schmizza Pub and Grill. Kelly Geiger
seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes;
Allen Broderick, yes; and Rick Samuelson, yes. Motion approved.
VII. ITEMS REMOVED FROM CONSENT AGENDA
City Manager Chris Clayton explained that City Staff recommends not approving
the OLCC Application for Schmizza Pub and Grill to the April 10, meeting. He
presented a list of permits and inspections that are still required before they can
be allowed to open to the public.
VIII. BUSINESS
A. Senate Bill 1531 Discussion
City Manager Chris Clayton explained Senate Bill 1531 that was recently passed.
Staff stands behind the actions that the council has taken in regards to the
medical marijuana dispensaries. However, we are uncertain of what the State
has in mind for this particular issue for the future.
If the city council is satisfied with the actions that are in place then Senate Bill
1531 is of no concern. However, if the council would like to institute a moratorium
ban on Medical Marijuana Dispensaries we must bring an ordinance to the
council at the first meeting in April.
City Attorney Dreyer explained there are two types of moratoriums that are
available to the City. A moratorium to land use issues is more involved and will
take time. If the Council wishes to enact the moratorium staff recommends
tabling, the second reading of the ordinance amending Chapter 17. We will return
to the April 10 meeting with an Emergency Ordinance enacting a moratorium on
the operation of registered medical marijuana facilities. This allows us the option
of making changes to the Chapter 5 Code in regards to Dispensaries if there are
other options provided by the State. The state will allow a moratorium to be in
effect until May 1, 2015. There may be additional options for the city after the
next legislative session.
Allen Broderick made a motion to prepare and bring back an Ordinance
enacting a moratorium on the operation of registered medical marijuana
dispensaries. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce
Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes.
Motion approved.
IX. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
CAP041014 Page
City o /C',Ct' d Point
City cc?"C"I Min utc.
March 2], 20]4
Pagc 3
A. Second Reading, 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
Community Development Director Tom Humphrey explained that staff
recommends tabling this item until after the moratorium has been approved.
Allen Broderick made a motion to table the second reading of 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
until May 2015. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce
Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes.
Motion approved.
B. Resolution No. 1393, Allocating PacifiCorp Electric Franchise Fees
to the Street Fund for Street Light Expense
Finance Director Bev Adams said in 2011 the City Council passed a resolution
approving a new 10 year electric utility franchise agreement with PacifiCorp. The
agreement increased the franchise fee to 6 %, and by motion they designated the
1% increase to be distributed to the Street Fund to off -set current street light
electrical generation costs of $145,000 annually.
That 1 % is no longer covering the street light expenses in the city. The total bill
for street lights last fiscal year was $172,495. The 1% of revenue from the
Franchise Agreement was $108,941. This creates a shortage of $63,554.
For purposes of freeing up Street Fund money to use for street projects and to
fully cover street light expenses, staff recommends designating the proposed
resolution which will allocate electrical franchise revenues to cover the cost of
street lighting expenses up to $175,000 per fiscal year.
The Council felt that the $175,000 cap may not cover lights in the future and they
would like the franchise fee to cover that expense. Staff will be returning with
options for the subdivisions that have the decorative lights that cost the city more
money.
Allen Broderick made a motion to approve Resolution No. 1393, Allocating
PacifiCorp Electric Franchise Fees to the Street Fund for Street Light
Expense setting the cap at $200,000. Kelly Geiger seconded. Roll call: Hank
Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and
Rick Samuelson, yes. Motion approved.
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
Police Chief Kris Allison explained that over the last 12 months the City has seen
an increase of complaints regarding vehicles (motor homes) that are parked on
CAP041014 Page 4
City "f c,0, d PC, n t
City cc?"C"I MinOc.
March 2], 20]4
Pagc 4
city streets in excess of the 72 hours that is defined in our city ordinance. After
investigation it appears that the problem continues with select vehicle owners.
They park vehicles on the street and move them 5 feet at the 71 hour mark, thus
avoiding a citation, 71 hours later they will move it another 5 feet. Even if the
Community Service Officer was to issue a citation, there would be no penalty
because of the wording in our current ordinance.
City Attorney Dreyer has drafted an ordinance closing the loop hole and adding
language that would assist the code enforcement officer regarding these ongoing
issues. Citizens will no longer be able to store their vehicles in the public right of
way and move them a short distance to reset the clock. The new verbiage will not
allowthem to move the vehicle within the vicinity that it has been parked.
Chief Allison stated that as a rule these issues are complaint driven. The CSO
does not drive around town keeping track of vehicles that could be in violation of
this ordinance. Councilman Broderick stated that his concerns are regarding the
large vehicles parked on the street that could become a danger. They are hard to
see around and at times stick out too far for two cars to pass on the road.
Rick Samuelson moved to second reading an Ordinance Amending CPMC
Chapter 10.04.100 Parking Prohibitions and 10.04.112 Mobile Home, Motor
Home, Camper, Van, Car or Truck Parking Prohibitions. Allen Broderick
seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes;
Allen Broderick, yes; and Rick Samuelson, yes. Motion approved.
X. MAYOR'S REPORT
Mayor Williams reported that
• He attended the March 5, 2014 Medford Water Commission meeting.
Prior to this meeting the commission members had received copies of the
comments (proposed service agreement) from the cities that purchase
water from the MWC, but there was zero group discussion of these
comments during the board meeting. However, while the minutes of this
meeting did not reflect the following, Water Commission chairman Jason
Anderson stated during his commissioner remarks that "Eagle Point's
comments were unacceptable because they basically state that Eagle
Point has an existing contract and they would not be interested in
discussing a new service agreement until their current agreement expires.
My personal opinion is that we in Central Point have a contract, and if we
could negotiate a new contract that was advantageous to the Citizens of
Central Point, we would be open to replacing our current contract. If the
new service agreement is not in the best interest of Central Point, why
would the City be inclined to prematurely end the existing agreement?
Unfortunately, Mr. Anderson also stated if the "other cities' were unwilling
to accept the proposed service agreements (including some negotiated
language) then the Water Commission would be in the position to ask
CAP041014 Pages
City "f c,0, d PC, n t
City cc?" C"I MinOc.
March 2], 20]4
PagC
these cities to seek their water services elsewhere. To my knowledge,
Mr. Anderson's comments were not reflected in the minutes of this
meeting.
• Also at this meeting Commissioner Dailey asked that the Rate Survey
consultant, currently in process, be expanded to include a "Spot Price' for
water and a reserve rate component for future litigation.
• On March 19, 2014 Medford Water Commission held an Executive
Session at the end of the meeting to discuss how they would handle the
new wholesale contract comments /negotiations. After the Executive
Session, Chairman Anderson asked attorney Huttl, to look at the
comments from the cities group as well as any comments from the
commission and staff and prepare a new draft of the agreement, have
another Executive Session, and move toward acceptance of a wholesale
water agreement.
• Pursuant to ORS 192.660(2)(h), it is my request that City Manager
Clayton schedule an Executive Session at the April 10`" meeting to
discuss proposed water service agreement/situation with legal counsel.
• He attended the March 24, 2014 Study Session.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
• He will schedule an executive session for the next City Council Meeting.
• He had a meeting with representatives from RCC regarding locating a
campus in Central Point. There are a couple options that could work for
their needs. More discussion will be coming in the next few months.
• City Departments start meeting regarding the budget tomorrow. The
Budget Meetings are scheduled for April 21" and 28`".
• There is a Parks Tour next week; Council members are invited to attend.
• The Secretary of State will be a guest speaker at the Medford Jackson
County Chamber Lunch forum on April 14`". If Council members would
like to attend please let the City Recorder know in advance.
XI. COUNCIL REPORTS
Council Member Bruce Dingler reported that he attended the Study Session on
Monday.
Council Member Rick Samuelson reported that:
• He attended the Study Session on Monday night.
• He attended the Rich Carrara discussion for Destination Businesses and
marketing.
• He attended the RVCOG meeting where they discussed funding for 911.
Their funding is dwindling because of the decline in land lines.
• Jackson County has declared a drought for this year.
CAP041014 Page 6
City "f c,0, d PC, n t
City cc?" C"I MinOc.
March 2], 20]4
Pagc ti
• Ashland will be doing a moratorium on Medical Marijuana Dispensaries
until they have zones designated for them. They are also discussing open
carry issues with weapons in town.
Council Member Kelly Geiger recommends that we make sure there is money
budgeted next year for possible litigation issues with the MWC. He attended the
Study Session.
Council Member Allen Broderick attended the Study Session. He would like to
see some outreach for Park Foundation Volunteers. The membership is having a
hard time getting a quorum for meetings.
XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
• The Pfaff Park restroom renovation should begin within the week.
• He had a productive meeting with Dan O'Conner regarding the Twin
Creeks CLOMAR issues. He is optimistic that Twin Creeks LLC, will be
proceeding with the Rail Agreement soon.
• There is no update on the traffic issues at Mae Richardson or the round -
a -bout at this time. The engineer that will be studying that area is on
vacation this week.
Chief Kris Allison reported that
• There are code enforcement issues starting again at 75 Bush Street. The
CSO is on top of the situation and they will be sited again. This new
citation may reverse Judge Brown's earlier decision.
• They are working on filling assignments and filling a reserve officer list
• They received a letter from the Medford School District thanking them for
the assistance during the strike.
• The call volume is up because it is spring break.
• The fatal car accident on 1 -5 last night was an ESCO phone operator. She
was killed in the crash. It looks like criminal charges will be issued against
the driver going the wrong way on the Interstate.
Finance Director Bev Adams reported that:
• She and her staff are working on the budget for April.
• The next financial report will be available in May because there is not a
second meeting in April.
Community Development Director Tom Humphrey reported that:
• He has been busy with the Rich Camero Seminar. He thanked the Council
for all their support for this endeavor to help the local businesses with
marketing our city and their business.
• He and Mr. Burt are working on the UGB amendments with the County.
There are a few items that are inconsistent according to the County
Planning Department.
• He has met with the ODOT Consultant for the Exit 33 design.
CAPaamia Page 7
City "f c,0, d PC, n t
City Cmmci!Min Oc,
March 2], 20]4
Pagc
XIII. EXECUTIVE SESSION -None
XIV. ADJOURNMENT
Allen Broderick moved to adjourn, Rick Samuelson seconded, all said "aye' and the
Council Meeting was adjourned at 9:08 p.m.
The foregoing minutes of the March 27, 2014, Council meeting were approved by the
City Council at its meeting of April 10, 2014.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP041014 Page 8
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
CAP041014 '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)
❑ Oaf- Premises Sales ($1001yr)
Owfth Fuel Pumps
0 Smeary Public House ($252.60)
OWtnery (Si
O Other,
90-DAY AUTHORITY
CITY AND COUNTY USil gONLY
ACTIONS Date application mosived:�n'
0 Change Ownemhip
in New Outlet The Clry Council or
Pty, Commission0 Greater Privilege C n1 O :
Y
O Additional Privilege (nom ofr4 cecoaray)
0 Omer reeomotends that this license be:
❑ Granted ❑ Denied
By
(syrra 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 Pub&Gmb
3. Business Location -IM6 plaza Blvd Ste. D Carol Point Jackson OR
(number, street, rural mi (d1yl (cauaM lnwn
4. Business Mailing Addrass:958'Pump4n 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 ai out an IrMivku& Hlstary /oim)
10. What is the local governing body where your business is located?Central Paint
(name is city or wuny)
11. Contact person for this application :Ryan McIntire 541 -941 -0795
(name) (pame rweric ))
958 Pumpkin Ridge 541- 879 -3001 pzalvr�aol cbm
(eaaress) (� 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 w oregon.g
CAP041014 Page m ovlolac
(— .aarson)
Ordinance
Amendments to
Chapter 5.40
Declaring an
Emergency
CAP041014 Page 11
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (541) 664 -7602 www centralpointoregon. gov
STAFF REPORT
April 1, 2014
AGENDA ITEM: An Ordinance Amending CPMC Chapter 5.40.040 Medical Marijuana
Dispensaries License Registration Required and Initiating an Emergency Clause.
Recommending: 1) Amendment to license registration requirements to provide that the City
shall not issue a business license for a medical marijuana dispensary ('Dispensary ") while a
moratorium is in place prohibiting the operation of such a business; 2) declaring an
emergency to enable the amendment to become effective immediately.
STAFF SOURCE:
Sydnee Dreyer, City Attorney
BACKGROUND:
On February 27, 2014 the City Council adopted Ordinance No. 1982, adding Section 5.40 to the CPMC
providing for the issuance of business licenses to owners of Dispensaries, subject to the provisions
therein. Subsequently, the Oregon Legislature enacted Senate Bill 1531 (2014) which permits cities to
adopt moratorium upon the operations of medical marijuana dispensaries in order to allow the cities
additional time to determine the best way to manage such facilities. While a moratorium is in place it
removes immunity from state prosecution for 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 prohibiting the operation of a medical marijuana facility.
FISCAL IMPACTS:
Potential loss of revenue from issuance of business licenses for Dispensaries, but such impact
is minimal.
DISCUSSION:
The City Council is considering adoption of a moratorium on the operations of Dispensaries until May
1, 2015, to allow the City time to determine the best way to handle such facilities. The moratorium, if
adopted, would prohibit the operation of such facilities as permitted under SB 1531. To prevent a
potential conflict between an application for a business license for a Dispensary, and a moratorium
prohibiting the operations of such business until May 1, 2015, this amendment will prohibit issuance
of business licenses for Dispensaries while a moratorium is in place.
In order to preserve the public peace, health and safety, the ordinance contains an emergency clause
such that this revision would become effective immediately to prevent a lapse of time between the
adoption of a moratorium and the adoption of this ordinance.
ATTACHMENTS:
Attachment "A" — Ordinance No. _An Ordinance Amending CPMC Chapter 5.40.040 Medical
Marijuana Dispensaries License Registration Required and Initiating an Emergency Clause.
RECOMMENDATION:
Approve Ordinance No. An Ordinance Amending CPMC Chapter 5.40.040 Medical
Marijuana Dispensaries License Registration Required and Initiating an Emergency Clause.
CAP041014 Page 12
ORDINANCE NO.
AN ORDINANCE AMENDING CPMC CHAPTER 5.40.040 MEDICAL
MARIJUANA DISPENSARIES LICENSE REGISTRATION REQUIRED AND
DECLARING AN EMERGENCY
RECITALS:
A. Words lined -through are to be deleted and words in bold are added.
B. Whereas on February 27, 2014 the City adopted Ordinance No. 1982 adding
Section 5.40 to the municipal code providing for the issuance of business licenses for medical
marijuana dispensaries; and
C. Whereas, the issue of whether a local government believes a certain type of business
should operate within its jurisdictional limits is a local government decision, the enforcement of which
is subject to the general and police powers of that jurisdiction;
D. Whereas, the Oregon Legislature enacted Senate Bill 1531 (2014) which removes
immunity from state prosecution for a person who is responsible for or employed by a registered
medical marijuana facility located in an area subject to thejurisdiction of a city or county that enacts a
moratorium prohibiting the operation of a medical marijuana facility; and
E. Whereas, Senate Bill 1531 permits cities to adopt a moratorium upon the operations of
medical marijuana dispensaries in order to allow the cities additional time to determine the best way to
manage such facilities;
F. Whereas, the City Council believes it is in the best interests of the health, safety and
welfare of the citizens of Central Point to enact such a moratorium prohibiting the operation of medical
marijuana facilities within the jurisdictional boundaries of the City of Central Point;
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION L Amendments to Chapter 5.40.040 is amended as presented below:
Chapter 5.40
MEDICAL MARIJUANA DISPENSARIES
5.40.040 License Registration Required.
Ordinance No. (041014)
CAP041014 Page 13
5.40.040 License -- Registration-- Reouired.
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. The City shall not issue a business license to any medical
marijuana dispensary business while a moratorium is in effect prohibiting the operation of such
business.
SECTION 2. Declaration of Emergency:
EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
PASSED by the Council and signed by me in authentication of its passage this day
of April 2014.
Mayor Hank Williams
ATTEST:
City Recorder
Ordinance No. (041014)
CAP041014 Page 14
Return to Agenda
Ordinance
Declaring a
Moratorium on
Medical Marijuana
Dispensaries
CAP041014 Page 15
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 S.,ah 3'd Succt Ccntral Poin[, OR 97502 (541) 66¢7602 w",ccntralpoinmrcgon.gov
STAFF REPORT
April 1, 2014
AGENDA ITEM: An Ordinance of the City of Central Point Declaring a Moratorium on
Medical Marijuana Facilities, and Declaring an Emergency.
Recommending; 1) Declaration of Moratorium prohibiting the operation of medical marijuana
dispensaries ( "Dispensaries ") until May 1, 2015; and 2) declaring an emergency to enable the
moratorium to become effective immediately.
STAFF SOURCE:
Sydnee Dreyer, City Attorney
BACKGROUND:
On February 27, 2014 the City Council adopted Ordinance No. 1982, adding Section 5.40 to
the CPMC providing for the issuance of business licenses to owners of Dispensaries, subject to
the provisions therein. Subsequently, the Oregon Legislature enacted Senate Bill 1531 (2014)
permitting local governments to adopt moratorium upon the operations of medical
marijuana dispensaries in order to allow cities additional time to determine the best way to
manage such facilities. To be effective, such moratorium must be enacted no later than May 1,
2014. Adoption of a moratorium under SB 1531 also removes immunity from state
prosecution for 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 prohibiting the operation of a medical marijuana facility.
FISCAL IMPACTS:
None.
DISCUSSION:
Regulation of Dispensaries, and the rights of local government to regulate or ban such
facilities, has been an issue that has been in flux. Adopting a moratorium until May 1, 2015,
would allow the City time to determine the best way to regulate such facilities, and to
determine whether the legislature will provide further clarification or laws with regard to the
City's right to ban such facilities. The moratorium, if adopted, would temporarily prohibit the
operation of such facilities and would also remove immunity from state prosecution for
persons operating a Dispensary while such moratorium is in place.
In order to be effective under SB 1531, a moratorium must be enacted by May 1, 2014. As
such, the ordinance contains an emergency clause providing that this moratorium would be
enacted, and become effective, immediately in order to meet the May 1 deadline.
CAP041014 Page 16
ATTACHMENTS:
Attachment "A " — Ordinance No. An Ordinance of the City of Central Point Declaring a
Moratorium on Medical Marijuana Facilities, and Declaring an Emergency.
RECOMMENDATION:
Approve Ordinance No. An Ordinance of the City of Central Point Declaring a Moratorium
on Medical Marijuana Facilities, and Declaring an Emergency.
Return to Agenda
CAP041014 Page 17
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CENTRAL POINT
DECLARING A MORATORIUM ON MEDICAL MARIJUANA FACILITIES,
AND DECLARING AN EMERGENCY
RECITALS:
A. A the Oregon Legislature enacted House Bill 3460 (2013) which requires the
Oregon Health Authority to develop and implement a process to register
medical marijuana facilities;
B. House Bill 3460 (2013) directed that persons who operate or are employed
by a registered medical marijuana facility would enjoy immunity from state
prosecution;
C. The issue of whether a local government believes a certain type of business
should operate within its jurisdictional limits is a local government decision,
the enforcement of which is subject to the general and police powers of that
jurisdiction;
D. The Oregon Legislature enacted Senate Bill 1531 (2014) which removes
immunity from state prosecution for 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
prohibiting the operation of a medical marijuana facility; and
E. The City Council believes it is in the best interests of the health, safety and
welfare of the citizens of Central Point to enact such a moratorium
prohibiting the operation of medical marijuana facilities within the
jurisdictional boundaries of the City of Central Point.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. MORATORIUM DECLARED. The City of Central Point hereby prohibits
the operation of any medical marijuana facility in any area subject to the jurisdiction
of City of Central Point. As used in this section, "medical marijuana facility" includes
any facility that dispenses marijuana pursuant to ORS 475.314 or any other
provision of Oregon law.
Section 2. DURATION OF MORATORIUM. The moratorium imposed by this
ordinance shall be effective until May 1, 2015, unless rescinded sooner.
Section 3. ENFORCEMENT. The Chief of Police is charged with enforcement of
the moratorium.
CAP041014 Page 18
Section 4. REMEDIES NOT EXCLUSIVE. The remedies available under Senate Bill
1531 (2014) for a violation of the moratorium imposed by this ordinance are not
exclusive of any other remedies available under any applicable federal, state or local
law. It is within the discretion of the City of Central Point to seek cumulative
remedies for a violation of the moratorium imposed by this ordinance.
Section S. SEVERABILITY. If any provision of this Ordinance or its application to
any person or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this Ordinance that can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are
severable.
Section 6. EMERGENCY. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to
exist, and this Ordinance takes effect on its passage.
PASSED by the Council and signed by me in authentication of its passage this
day of April 2014.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP041014 Page 19
Ordinance
Amendments to
Chapter 10 regarding
Parking
CAP041014 Page 20
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: MarGhh 27, 201',' ^14 April 10, 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.
Return to Agenda
CAP041014 Page 21
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 i°° "share to be deleted and words in bold are added.
B. Amending Central Point Municipal Code 10.04.100 deleting subsection (1)
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 1. Amendments to Chapter 10.04.100 and Chapter 10.04.112 are amended as
presented below:
Chapter 10.04
'TRAFFIC REGULATIONS
Sections:
10.04.100 Parking Prohibitions
10.04.112 Parking Mobile hei. e P�e;e_ hei. e ,....�pe_ _.an ,..._ ....ae_ „_ ..,.i,
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. (041014)
CAP041014 Page 22
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;
1. 126_ 44e ...._Pere 4leadiRg OF URIGadiR....asseRge_s OF .,... 4r iRg ... :4r 4:..........._4 444e
s1rco!s, intersection, ure!;!Walk 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.
10.04.112 Mobile h o e ler or truck Motor Vehicle, Motor
Home, Trailer and Commercial Vehicle parking — Prohibitions.
-- --------------------------------------------------------------------------------------------
A. No person shall park any Motor Vehicle, Motor Home, Trailer and Commercial Vehicle:
mobile home, motor home, Van, ear, eamper, trailer, beat or other reereAtionAl vphM
Ordinance No. (041014)
CAP041014 Page 23
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 Pae!e_ hePa° , ^ ^Fail°- Motor
Home, including specifically a camper, tent trader, oaF, .,o•° k, 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 -seep - ht'' ^an 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.
Ordinance No. (041014)
CAP041014 Page 24
3. Trailer shall include: boat trailer, camping trailer including what is
commonly known as a "fifth wheeler," horse trailer, utility trailer or any other
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 April,
2014.
Mayor Hank Williams
ATTEST:
City Recorder
Ordinance No. (041014)
CAP041014 Page 25
Return to Agenda
Ordinance
Amendments to
Chapter 9.54
Public Drunkenness
CAP041014 Page 26
STAFF REPORT
To:
The Honorable Mayor and City Council
From:
Kris Allison, Chief of Police
SUBJECT:
Amendment to Delete Section 9.54.020 Drunkenness from the CPMC
Date:
April 10, 2014
Executive Summary:
During a recent municipal court appearance regarding a citation for public drunkenness,
Honorable Judge Joe Charter dismissed a citation issued by one of our officers and stated that
the defendant had correctly pointed out that ORS 430.402(1) provides "a political subdivision in
this state shall not adopt or enforce any local law or regulation that makes any of the following
an offense, a violation or the subject of criminal penalties or sanctions of any kind: (a) public
intoxication."
Judge Charter's decision stated that CPMC 9.54.020 was in violation of ORS 430.402(1) which
provides that any person who is intoxicated or under the influence of controlled substances in
a public place may be taken or sent home or to a treatment facility by the police.
This decision /opinion was sent to our city attorney and she agreed with Judge Charter's
decision and that the City would need to remove 9.54.020 Drunkenness as to not violate the
above mentioned statue.
It is my recommendation that we delete CPMC 9.54.020 form the Central Point Municipal Code
to be consistent with Oregon Revised Statues.
With the deletion of this section, this does not limit the officer's ability to be effective with the
issues of intoxicated individuals in our city. The officers have a wide variety of options that
they can utilize at their discretion such as referenced in ORS 430.402 (1).
Return to Agenda
CAP041014 Page 27
ORDINANCE NO.
AN ORDINANCE DELETING SECTION
9.54.020 DRUNKENNESS OF
THE CENTRAL POINT MUNICIPAL CODE
Recitals:
A. Words 1 Red through are to be deleted and words in bold are added.
B. Deleting Central Point Municipal Code 9.54.020 to remove section
Drunkenness from the Central Point Municipal Code due to this section
violating existing state statute.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS
FOLLOWS:
Section 1. Section 9.54.020 of the Central Point Municipal Code is deleted and
amended to read:
Chapter 9.54
INTOXICATION
Sections:
9.54.010 Drinking in public places.
Q
rn Q:2Q DrupkARRAR
9.54.030 Dealings with intoxicated persons.
9.54.010 Drinking in public places.
It is unlawful for any person to drink any intoxicating liquor upon any street or in
any public place; provided, however, that nothing contained in this section
applies to the drinking of any intoxicating liquor in any establishment or its
associated sidewalk cafe wherein the same may be sold for premises
consumption under the laws of the state.
Ordinance No. (041014)
CAP041014 Page 28
It is unlawful for any pawnbroker, junk dealer, chattel -loan broker or any person
to purchase property from any person who is in an intoxicated condition or under
the influence of any narcotic drug, or to advance or to loan money to such person
or to have any dealings with any such person respecting the title of property.
Passed by the Council and signed by me in authentication of its passage
this day of 20
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
Pg.2 Ordinance No.
CAP041014 Page 29
Business
Discussion regarding
Comp Plan
Amendments
CAP041014 Page 30
STAFF REPORT
AGENDA ITEM: File No. 14002
CENTRAL
POINT
STAFF REPORT
April 10, 2014
Planning Department
lour Humphrey, AICP,
Community Development Director
Discussion of a Preliminary Proposal to Approve Amendments to Chapters 17.05 Applications and Types of Review
Procedure, 17.08 Definitions, 17.10 Zoning Map and Text Amendments, and 17.96 Amendments to the Comprehensive
Plan of the Zoning Code; Applicant: City of Central Point.
STAFF SOURCE:
Tom Humphrey, Community Development Director
BACKGROUND:
The Community Development Department has introduced the Municipal Code Amendments (listed below) to clarify and
update code language relative to changes in the state land use law. Inconsistencies with the City's code were brought to
our attention upon the submission of an Urban Growth Boundary (UGB) Amendment to Jackson County. Changes should
be made in order for our two processes to coincide and to minimize the possibility for appeal. At their April 1, 2014
meeting the Planning Commission conducted a public hearing and reviewed the proposed amendments. Some revisions
were made at the meeting and they wanted to see the changes again before making a recommendation of approval to the
City Council.
The chapters affected are
17.05 Applications and Types of Review Procedure;
17.08 Definitions;
17.10 Zoning Map and Text Amendments; and
17.96 Amendments to the Comprehensive Plan of the Zoning Code.
ISSUES:
A public hearing was noticed for the Planning Commission and for the April 10"' meeting of the City Council. Due to the
fact the Planning Commission wanted an additional month to review this item, the Council hearing will be postponed to
May 10 "'. This announcement may need to be made for anyone attending the meeting who expects a public hearing.
EXHIBITS /ATTACHMENTS:
ACTION:
Information Only. Announcement may be made regarding the May meeting of the City Council.
RECOMMENDATION:
Inform audience of the change in hearing schedule.
Return to Agenda
Page I of I
CAP041014 Page 31
Business
Planning Commission
Report
CAP041014 Page 32
City of Central Point, Oregon AL
TRR
140 S 3rd Street, Central Point, OR 975uz CENTRAL
541.664.3321 Fax 541.664.6384 POINT
www.centralpointoregon.gov
PLANNING DEPARTMENT MEMORANDUM
Date: April 10, 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 April I, 2014.
A. Public Hearing to Consider a Resolution forwarding a favorable recommendation
to the City Council to approve Municipal Code Amendments to Chapters 17.05
Applications and Types of Review Procedure, Chapter 17.08 Definitions, Chapter
17.10 Zoning Map and Text Amendments and Chapter 17.96 Amendments to the
Comprehensive Plan and the Zoning Code. The Community Development
Department introduced new code language to the Commission which are amendments
intended to resolve some internal inconsistencies that are holding up a UGB application
the City submitted to Jackson County. The Commission conducted a public hearing and
then discussed minor revisions to the text that they want to review further at their May
meeting before they recommend approval to the City Council.
Under general discussion, the Planning Commission was given an update about the Council's
decision to impose a moratorium on Medical Marijuana Dispensaries and to postpone action on
amendments to Chapter 17 adding dispensaries as conditional uses in the C -2M. C -4 and C -5
zoning districts.
The Police Chief made a presentation to the Commission about her department's position on
regulating medical marijuana grow sites in the city limits. The Commission raised a question
about this at a previous meeting and wondered what authority, if any, the City had to do this.
Finally, the Commission was informed about the expiration of two phases in the North Village
Subdivision in Twin Creeks. It is expected that CLOMR approval and revisions to the Twin
Creeks Master Plan later this year will result in a new subdivision configuration althogether.
Return to Agenda
CAP041014 Page 33