HomeMy WebLinkAboutCAP102314CITY OF CENTRAL POINT
Central Point
City Council Meeting Agenda
City ball
October 23, 2014
541-664-3321
12-13 C. Approval of Street Closure for Community Christmas
City Council
Next Res. 1413
Mayor
Next Ord. 1997
Hank Williams
Ward
I. REGULAR ME ETI NG CALLE D TO ORDER -7:00 P. M.
Bruce Dingler
Director
II. PLEDGE OF ALLEGIANCE
Ward II
Kelly Geiger
22-30 A. Ordinance No. J Amending Portions of
III. ROLL CALL
Ward III
Regards to Structures over City Easements (Samitore)
Ellie George
IV. PUBLIC APPEARANCES —Comments will be limited to 3 minutes per
Ward IV
individual ors minutes if representing a group or organization.
Allen Broderick
the Central Point Zoning Map on Lot 33 of Twin Creeks
Matt Samitore,
V. SPECIAL PRESENTATION - Fire District No. 3 Quarterly Report
At Large
Residential to TOD-LMR, Low Mix Residential Zoning
David Douglas
(Humphrey)
Rick Samuelson
VI. CONSENTAGENDA
Page 2-8 A. Approval of October 23, 2014 Council Minutes
Administration
9-11 B. Appointment of Candace Clements tothe Multicultural
Chris Clayton, City
Committee
Manager
12-13 C. Approval of Street Closure for Community Christmas
Deanna Casey, City
Light Parade
Recorder
14-20 D. Acceptance of the l" Quarter Financial Statements
Community
Development
VII. ITEMS REMOVED FROM CONSENT AGENDA
Tom Humphrey,
Director
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
Finance
Bev Adams, Director
22-30 A. Ordinance No. J Amending Portions of
Central Point Municipal Code Chapter 16 Subdivisions in
Human Resources
Regards to Structures over City Easements (Samitore)
Barb Robson, Director
Parks and Public
32-47 B. Public Hearing — First Reading An Ordinance Amending
Works
the Central Point Zoning Map on Lot 33 of Twin Creeks
Matt Samitore,
Crossing, Phase 1 (1.81 Acres) From TOD-HMR, High Mix
Director
Jennifer Boardman,
Residential to TOD-LMR, Low Mix Residential Zoning
Manager
(Humphrey)
Police
Kris Allison Chief
IX. BUSINESS
49-70 A. Discussion of the Possible Creation and Implementation of a Franchise
Agreement between the City of Central Point and Rogue Valley Sewer
Services (RVSS) (Clayton/Dreyer)
72 -96 B. Discussion of Issues Surrounding the Calvary Temple Churches Operation of a
Warming Shelter (Clayton)
98-99 C. Discussion of Streets and Storm Drain Ownership within the Hidden
Grove/Green Valley Area (Samitore)
101-104 D. Discussion of Restriping South 99 from Pine to Bush Street to Include Bicycle
Lanes (Samitore)
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. 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
CAP102314 Page
CITY OF CENTRAL POINT
City Council Meeting Minutes
October 9, 2014
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Bruce Dingler, Rick Samuelson, David
Douglas, were present. Kelly Geiger arrived at 7:10. Allen
Broderick and Ellie George were absent.
City Manager Chris Clayton; City Attorney Dan O'Conner;
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. SPECIAL PRESENTATION
Police Chief Kris Allison introduced the Volunteers in Police Service. She
explained the amount of hours the volunteers put in and how important their work
is to the City. She introduced Nikki Peterson and explained her roll in
coordinating the volunteers.
VI. CONSENT AGENDA
A. Approval of September 11, 2014 City Council Minutes
Rick Samuelson moved to approve the Consent Agenda as presented.
Bruce Dingler seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; David
Douglas, yes; and Rick Samuelson, yes. Motion approved.
VII. ITEMS REMOVED FROM CONSENT AGENDA- NONE
VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Ordinance No. 1996, Amending Central Point Municipal Code
Chapter 3.24 Transient Room Tax
City Manager Chris Clayton explained this is the second reading of an Ordinance
to update the definitions and process for a cleaner method to collect transient
room tax. A public hearing was held at the first reading and no changes were
recommended at that time. The current rate of 9% is consistent with other
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jurisdictions in Jackson County and state wide and does not warrant an
adjustment.
Rick Samuelson moved to approve Ordinance No. 1996, Amending Central
Point Municipal Code Chapter 3.24 Transient Room Tax. David Douglas
seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes;
David Douglas, yes; and Rick Samuelson, yes. Motion approved.
B. Public Hearing — First Reading An Ordinance Amending Portions of
Central Point Municipal Code Chapter 16 Subdivisions in Regards to
Structures over City Easements
Parks and Public Works Director Matt Samitore explained several issues over the
past year where the city had to enforce the removal of structures that were built
over city easements. This was not a pleasant process for the city staff or the
property owners who had built the structures not realizing there were water or
storm lines under their structure.
There are rare occasions when it is necessary to run infrastructure under private
property in order to service part of a subdivision. The public utility easement is
listed on the property title so property owners are aware when they purchase the
property, but in several cases they forget, or are not aware they cannot build
structures over the easements. When a structure is built over the water and
storm drain lines the weight can eventually crush the lines.
The revised Ordinance addresses the difference between a city easement and
public utility easement as well as defines what is allowed to be constructed over
a city easement. Amendments to the current code will give the city the tools to
enforce compliance. Staff has done a preliminary search of other city easements
and currently there are no issues. With the recommended changes staff will
remind the current property owners that there are easements and they are not
allowed to build structures on them. Staff hopes that these changes will
encourage property owners to come into city hall and discuss any concerns they
have regarding the easements.
Mayor Williams opened the public hearing, no one came forward and the public
hearing was closed.
There was concern regarding property owners not being allowed to put structures
on their properties because of a city easement. Mr. Samitore assured the Council
that this does not happen very often but there are times when there is not a
public right of way accessible to certain areas. City easements are put in prior to
developments and the construction of homes. Property owners are supposed to
be aware of all easements when they purchase property. They are listed on the
title papers.
Bruce Dingier moved to second reading an Ordinance Amending Portions
of Central Point Municipal Code Chapter 16 Subdivisions in Regards to
Structures over City Easements. Kelly Geiger seconded. Roll call: Hank
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Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; David Douglas, yes; and
Rick Samuelson, yes. Motion approved.
IX. BUSINESS
A. Review of Rogue Disposal & Recycling's Annual Consumer Price
Index Based Rate Adjustment
Mr. Clayton explained that the Franchise Agreement between Central Point and
Rogue Disposal allows for an annual consumer price index rate adjustment. The
adjustment must be reviewed by the city to ensure accuracy and that all the
provisions of the franchise agreement are met. He reviewed the proposed 1.7%
rate increase, and the requirements of the current franchise agreement and
found that calculations to be accurate and appropriate.
Garry Penning from Rogue Disposal explained a CPI annual increase is easier
on the customers than waiting for three years and then implementing a larger
increase. They have found that customers prefer the small increases each year
rather than a large increase all at once. This year they have approached the City
early in order to alert the citizens in their next billing cycle instead of sending out
a special notice.
Kelly Geiger moved to approve the Rogue Disposal and Recycling's 2015
proposed rate adjustment of 1.7%. Bruce Dingier seconded. Roll call: Hank
Williams, yes; Bruce Dingier, yes; Kelly Geiger, yes; David Douglas, yes; and
Rick Samuelson, yes. Motion approved.
B. Enterprise Zone Adoption Update
Community Development Director Tom Humphrey explained that the Jackson
County Board of Commissioners met on October 8, 2014 to consider the County
Enterprise Zone Boundary Change and a Rural Renewable Energy Development
Zone Designation to include Central Point. The County Board of Commissioners
considered the zones at a public hearing and approved each of the new
designations for Central Point. The Enterprise Zone offers tax incentives to
specific businesses that develop or expand within the zone. Central Point and the
Jackson County Expo have now been added to the County's zone. The land with
in the City's CP -1B Urban Reserve Area (Toto) was already part of the zone.
Mr. Humphrey explained that all commercial and industrial lands within Central
Point have been added to the Enterprise Zone. The incentive is only for specific
types of businesses and will not be available to everyone. With this designation
all of Central Point can be an incentive for new or expanding businesses.
In a separate action the Board of Commissioners designated all land outside of
Medford and the Medford UGB as part of a RRED zone. This designation offers
tax incentives to businesses that produce renewable energy through various
means (hydro, wind, solar, etc.). Jackson County becomes the thirteenth county
in Oregon that has a renewable energy zone.
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C. Planning Commission Report
Mr. Humphrey presented the Planning Commission report for October 7, 2014:
The Commission considered and approved amendments of a major
modification application to the Twin Creeks Transit Oriented Development
(TOD) District Master Plan Exhibit 18, land use plan, adjusting the land
use designation on one tax lot from HMR to LMR. Related minor
modifications to Exhibits 31, 35, 36, and 37 were also included to validate
other amendments to the Master Plan. The expiration date for the Master
Plan was also considered for amendment. The applicant, Twin Creeks
Development in cooperation with Twin Creeks Retirement, sought the
amendments. The Commission needed to amend the master plan before
they could consider any zone changes. They were able to find that
amendments to the plan were justified and the intent to of the plan would
not be compromised if amendments were made. The resulting housing
density changes, the removal of some traffic calming and the re-
designation of some of the mixed uses do not detract from the overall
goals of the Twin Creek TOD. The Commission approved the
amendments and extended the expiration date of the Master Plan to
October 7, 2024. The Commission voted unanimously in favor of this
resolution.
The Commission approved Resolution No. 808 forwarding a favorable
recommendation to the City Council for a zone change application to Twin
Creeks TOD to change the zoning on Lot 33 of Twin Creeks Crossing
Phase I from HMR to LMR to facilitate the expansion of Twin Creeks
Retirement. Due to the success of Twin Creeks Retirement, the
applicants have requested a zone change to construct attached row
houses (multiplexes) and offer independent living as part of the retirement
model. The area being considered for LMR would also include an active
recreation area and pool. After having approved changes to the master
plan, the Commission affirmed their findings of compatibility and
unanimously approved the resolution.
X. MAYOR'S REPORT
Mayor Williams reported that he attended:
• Two Medford Water Commission meetings where they discussed water
service agreements.
• A meeting with Rogue Community College.
• The League of Oregon Cities Conference and enjoyed the topic of Home
Rule where Marijuana was the topic of discussion. The City received a
Gold Safety Award from CIS. He enjoyed the debate between the
candidates for Governor; this was the first time all candidates had been
together. He encouraged more Council members to attend the LOC. It is
a great opportunity to network with other city elected officials from around
the state. The Rogue Valley Hospitality Suite was well attended and our
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City Recorder and the Medford City Recorder Glenda Wilson did a great
job of representing the Valley.
XI. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
• The Home Rule discussion at the LOC Conference was very educational.
It was a very good conference this year.
• David Rabiner will at RVCOG in November giving a seminar on Local
Government Leadership for the Next Decade. He was a speaker at LOC.
City Managers will be attending and Council members are invited.
• The Medford Water Service Agreement is almost complete. They have
rewritten it several times and it is very close to want we need to serve our
citizens.
• There will be a Development Commission meeting on October 23, 2014
to discuss the higher than expected tax revenue collected. The
Commission will have a couple of options on what they would like to do
with the extra amount.
• He met with Jackson County to discuss the new municipal court building
on Hamerick Road. They will be including a Central Point Police
Substation in the new construction project. They will be annexing the
property into the city prior to construction.
• Council will be discussing the issue of the warming center on Pine Street
before the weather turns cold. Several businesses downtown are
concerned about the center opening again this winter. The church where
the shelter has been in the past is not zoned for this type of use and the
Council should discuss how they would like to address the issue.
• Hidden Grove Subdivision is requesting that the city take over the
remaining infrastructure within the subdivision. This will be brought to the
Council for discussion at a future meeting.
XII. COUNCIL REPORTS
Council Member Kelly Geiger reported that he:
• has been working with the new Chamber CEO and they are making great
progress of getting the Chamber back in working order and able to
support the businesses in Central Point.
• Went on a Police ride along last night, he was very impressed with our
officers and the way they handle situations. He was with Officer Vargas
during the late shift. If you have not had the opportunity to do this each
Council member should participate in this program.
Council Member Rick Samuelson reported that he attended the Study Session
and the Police Department Open House which was well attended by the
Community.
Council Member Bruce Dingler reported that he attended the Study Session.
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Council Member David Douglas reported that he has been busy with football
season and apologized for missing meetings. The Central Point Pop Warner
Football raised a lot of money at their event last weekend.
XIII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
• Mr. Clayton will provide some background in his weekly report regarding
the infrastructure for Hidden Grove.
• It is time to restripe South Front Street. He would like to discuss the
option of a bike lane and narrow lanes to match North Front Street with
the Council. We are mandated by the state to have bike lane options
throughout town. By adding a bike lane it would narrow the lanes and
possibly slow traffic. If Council would like to see this option staff would like
to start a stake holders group to discuss it.
Police Chief Kris Allison reported that:
• The Police Department Open House had approximately 300 citizens
attend. Each year the event grows.
• The department participated in what they hope is the first annual Battle of
the Badges baseball tournament with Fire District No. 3. Unfortunately the
Fire District won the trophy this year.
• She has been working on the aggressive dog ordinance and should bring
it before the council soon.
Community Development Director Tom Humphrey reported that:
• FEDEX has contacted the department about expanding their facility.
• Verizon is looking to put a stealth cell tower on the Grange Tower. Our
code requires that any cell tower be stealth and not noticeable as a cell
tower. Any plans would need to be approved by the department.
• He is working on the conceptual plans for CP -4 that will expand the City
limits out to the Talo area. CP -4 will need to be incorporated into the City
before we can expand to the Talo area. He is scheduling joint meetings
with the Jackson County Planning Commission for the UGB expansion.
XIV. EXECUTIVE SESSION — ORS 192.660 (2)(e) Real Property Transactions and
192.660 (2)(h) Legal Counsel.
Bruce Dingier moved to adjourn to Executive Session under ORS 192.660
(2)(e) Real Property Transactions and 192.660 (2)(h) Legal Counsel. Rick
Samuelson seconded. Rall call: Hank Williams, yes; Bruce Dingler, yes; Kelly
Geiger, yes; David Douglas, yes; and Rick Samuelson, yes. Motion approved.
XV. ADJOURNMENT
Kelly Geiger moved to adjourn, Rick Samuelson seconded, all said "aye" and the
Council Meeting was adjourned at 8:56 p.m.
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The foregoing minutes of the October 9, 2014, Council meeting were approved by the
City Council at its meeting of 23, 2014.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP102314 Page
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
October 23, 2014
AGENDA ITEM: Appointment of Candace Clements to the Central Point Multicultural
Committee
STAFFSOURCE:
Deanna Casey, City Recorder
BACKGROUND/SYNOPSIS:
The City has received an application from Candace Clements to become a member of the Central
Point Multicultural Committee. Currently the committee has three members Amy Sweet, Chair;
Christina Garrett; and Cherie Reeves -Rutledge.
The Tenn for Mrs. Clements will end December 31, 2017. The terns for this committee are for
three years. There is one meeting left in 2014.
FISCAL IMPACT:
There is no financial impact to the City.
ATTACHMENTS:
Committee Application from Candice Clements
RECOMMENDATION:
Approval of Consent Agenda.
PUBLIC HEARING REQUIRED:
No
SUGGESTED MOTION:
I move to approve the Consent Agenda as presented.
CAP102314 Page
J.,, 14 14 10:21a Richard Clements 5418587585 P.1
CIVof Central Point, OregonCENT�— – __Administration Department
140 5 3rd 6[reeq Central Point, OR 97502 �'IYN IT/�1LPhil Messina, City Administrator
541 .664.3321 Fax 54 1.664.6384 1 Deanna Casey, City Recorder
�wy�,centraltIDin[o oa EOv
APPLICATION FOR APPOINTMENT TO
CITY OF CENTRAL POINT COMMITTEE
Name:Date: l= I I l l
1
Address: %_h
Home Phone: ) "t 1 - L.�r - 1 c "21 Business Phone: Cell Phone:. '-A (' C
Pax: E-mail: –,LL- � �✓t", . S
Are you a registered Voter with the State of Oregon? Yes ��, No
i
Are you a city resident? Yes No
Which Committee(s) would you like to be appointed to: L.e
(Dates of meetings are listed at the end of this application. Please make sure those dares work with your
schedule before you apply. Council and Planning Commission members are required to file
Ethics reports to the State of Oregon.)
Employment, professional, and volunteer background: L
�. .S 'r.%, n� v. rL` �- (is,n-r_,�✓ --o / ✓, , f _ r. y- , -I l �; l •• .• t
.-
{—! ! V"v� s, :.. vl ��. �-!.i In c: ✓t �l :� L i �� i ! p �S �A _,5 J %s
Community affiliations and activities: r ` ✓ �' L
G AL'Y.vt,.l�>�vtwti✓ �T
Previous City appointments, offices, or activities:
CAP102314 Page 10
Jun 14 14 18:21a Richard Clements 5418587585 p.2
Central Point Committee Application
Page 2
As additional background for the Mayor and City Council, please answer the following questions.
1. Please explain why you we interested in the appointment and what you would offer to the community.
1.
L
-t V1 Y W\ 1n � ., L.^ l t �1 ✓,1 I L: u ; '�,'� vi 'L. !/ v' i _� Jln%. ✓1 ✓i : 'i�.
11.b^r 5 e71-
2
1 2, Please describe what you believe are the major concerns of the City residents and businesses that this
committee should be concerned about. ��_ __,fir✓ h
Z -t -'k pt.'I-Y
:'./A�l/1 f��'f (�• c-� ,� f✓i ,"'y.. . �"� � .A l i�.'V`� vV V1.:� '�avY1-J-,✓ni
s i
3. Please provide any additional information or comments which you believe w211 assist the Cityouncncilil ."
considering your application.
✓v i h S � L //t � � . > �L '/1/i �M LT
.:�. �. ✓. :'n �, .i C J 1. �C �� [jV '. 1�^ '✓'� %\ L� U ind
�� 1, � : ✓l� �j �. 'vA ✓t A� �..%.S -i�" a vs :/I -Ts,; ��„ � : /�-('� n �.�.
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how would you
handle them?
l�
Meeting Dates (AII meeting dates are subject to change or additions, times vary for each committ
Arts Commission: Meeting dates vary m
Citizens Advisory Committee: 2nd Tuesday of every quarter. c
Council Meetings: 2nd and 4m Thursday of each month rn
Council Study Sessions: P Monday of each month (subject to change) Q
Multicultural Committee: 2n° Monday Quarterly .�.
Planning Commission: 1" Tuesday of each month
Parks and Recreation Committee/Foundation: Meeting dates vary d
K
My signature affirms that the information in this application is true to the best of my knowledge. I
understand that misrepresentation and/or omission of facts are cause for removal from any council,
advisory committee, board or commission I may be appointed to. All information/documentation
related to service for this position is subject to public record disclosure.
Date: ;��] `� Signature:
l i
CAP102314 Page 11
AParks & Recreation Department
STAFF REPORT CENTRAL
POINT
To: Honorable Mayor and City Council Members
From: Jennifer Boardman, Central Point Parks and Recreation
Subject: Street Closure for Community Christmas
Date: 11/13/14
SUBJECT: Proposed street and lane closure for Community Christmas. Closure times
at Pfaff Park and on Pine Street will be from 3:30-7:00 pin on Friday, 12/5/14. Street
Closure will include the 4 immediate streets around City Hall, in addition to Oak Street
(between 41' and 2" Streets) will be from 3:30-8:30 pm.
SUMMARY: The Central Point Parks and Recreation Department in conjunction with
local business groups will present the Community Christmas Lights Parade event on
December 5, 2014. The staging area at Pfaff Park and the parade route will be closed
from 3:30-7:00 pm and street closure around City Hall will continue to be closed for hay
rides and event activities until 8:30 pin. The total time for street/lane closures will be for
five hours from 3:30-8:30 pin.
Staging of floats around Pfaff Park will begin at 3:30 pin. Parade entries and floats will
travel south on 7th street to Pine. They will travel west on Pine street to 2nd. On 2nd
Street the floats will travel south to finish around City Hall. Oak Street from 3rd to 4th
will also be closed to allow easier access to Bobbins Pizza and additional activities with
local business groups on this street as well. The streets around City Hall and Oak Street
will remain closed for hay rides and event activities until 8:30 pin.
The lane closures are done in an effort to reduce the possibility of injury to participants
and also ensure that local business groups have access and minimize disruption of their
services. Please see attached maps to better understand the traffic movement.
RECOMMENDED MOTION: City Council approve the street closure for the
Community Christmas event as described in the attached maps based on the
information provided.
140 South Third Street Central Point, OR 97502 • 541.664.3321 Fax 541.664.6384
CAP102314 Page 12
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CAP102314
Page 13
Staff Report
.A
CENTRAL
POINT
To: Mayor&Council
From: Bev Adams, Finance Director
Date: October 23, 2014
Subject: i� Quarter Financial Statements
Background:
Finance Department
Bev Adams, Finance Director
Attached are the City's financial statements for the period ending September 30, 2014. This report
reflects the first three months of the 2014115 fiscal year. Revenues are coming in as expected for the
time period. Generally speaking, charges for services are slightly above average due to summer
activity. In the general fund, licenses and fee collection appears high ( 95%) due to business licenses
which are billed out the first of July and collected primarily in the first quarter. General fund tax revenue
remains low until November when the tax collection period begins.
Beginning fund balances are unaudited at this time. The annual audit is still in process, and we expect
to have audited balances as early as the end of this month (October). However, up to this date there
have been very few audit adjustments, so we expect the beginning fund balances to remain consistent
with what is reported here. Most every projected fund carryover was met or exceeded at year end, with
the exception of the Debt Service fund which was under the projected carryover by ($3,857).
Department expenses are in line with budget appropriations for this time period. The High Tech Crime
Unit budget is in the process of being closed out, so final expenses are being paid causing the budget to
be expended early in the year. The closing of the HTCU fund will require a supplemental budget as soon
as final distribution of the remaining money is determined.
The recent refinance of debt is now completed and final payments on the old series will be made by
December i." of this year. It appears that the new Series 2014 payments (in addition to the final
payments on the refinanced debt) may still fall within the appropriated debt service payments for this
year. If not, then this will be an item requiring a supplemental budget.
Recommended Action:
That Council review and accept the first quarter financial statements and report.
CAP102314 Page 14
City of Central Point
Council Financial Statements
For period ending September 30, 2014
General Fund - 10
Revenues
Taxes
Licenses & Fees
Intergovernmental
Charges for Service
Fines and Forfeitures
Interest Income
Miscellaneous
Transfers In
Total Revenues
Expenditures by Department
Administration
City Enhancement
Technical Services
Mayor & Council
Finance
Parks & Recreation - Parks
Parks & Recreation-Recreatior
Planning
Police
Interdepartmental
Transfers Out
Contingency
Total Expenditures by Department
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
High Tech Crime Task Force Fund
Revenues
Intergovernmental Revenue
Charges for Services
Miscellaneous
Interfund Transfers
Total Revenues
Expenditures
Operations
Capital Outlay
Contingency
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Fis[l Year to dam 25.00%
Year to Date
2014115 Revenues & Percentage
Budget Expenditures Difference Received/Used
$6,125,000
$436,755
$5,688,245
7.13%
0
59,500
56,590
2,910
95.11%
a
497,100
82,428
414,672
16.58%
0
994,500
251,575
742,925
25.30%
3.02%
105,000
26,431
78,569
25.17%
0
32,500
3,267
29,233
10.05%
0
137,000
33,887
103,113
24.74%
0
0
0
0
0.00%
7,950,600
890,934
7,059,666
11.21%
701,100
165,846
535,254
23.66%
198,500
66,972
131,528
33.74%
548,400
162,078
386,322
29.55%
61.250
24,321
36,929
39.71%
775,600
174,995
600,605
22.56%
783,350
202,832
580,518
25.89%
522,740
83,303
439,437
15,94%
403,850
87,180
316,670
21.59%
4,130,910
1,073,262
3,057,648
25.98%
95,000
100,296
(5,296)
10557%
44,000
44,000
0
100.00%
160,000
0
160,000
0.00%
8,424,700
2,185,085
6,239,615
25.94%
(1,294,151)
2,098460 2,495,673 397213
1,624,360 1 201 522 (422 638)
2014/15 Revenues & Percentage
Budget Expenditures Difference Received/Used
$40,000
$1,209
$38,791
3.02%
0
0
0
0.00%
0
a
a
0.00%
0
0
0
000%
40,000
1,209
38,791
3.02%
38,500
42,524
0
0.00%
0
0
0
000%
0
0
0
0.00%
38,500
42,524
0
0.00%
(41,315)
137,755 186,625 48,870
139,255 145,310 6,055
Council Stmts 10/16/2014
CAP102314 Page 15
City of Central Point
Council Financial Statements
Forperiod ending September30, 2014
Street Fund - 20
Revenues
Franchise Tax
Charges for Services
Intergovernmental Revenue
Interest Income
Miscellaneous
Transfers In
Total Revenues
Expenditures
Operations
soC
Contingency
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Capital Improvement Fund - 30
Revenues
Intergovernmental
Charges for Services
Interest Income
Total Revenues
Expenditures
Parks Projects
Parks Projects - SDC
Transfers Out
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
fiscal Year to date 25.00%
2014115 Revenues & Percentage
Budget Expenditures Difference Received/Used
$240,000
$31,347
$208,653
13.06%
60,000
550,000
149,584
400,416
27.20%
185
990,000
238,105
751,695
24.05%
(813)
11,000
1,866
9,134
16.96%
0.00%
5,000
890
4,110
17.80%
100,000
0
0
a
0.00%
108,302
1,796,000
421,792
1,374,208
23.49%
1,772,200
$379,724
1,392,476
21.43%
253,000
27,355
225,645
10.81%
100,000
0
100,000
0.00%
2,125,200
407,079
1,718,121
19.15%
14,713
1,594,730 1,732,572 137,842
1,265,530 1747285 481755
$0
$33,000
($33,000)
0.00%
60,000
28,328
31,672
47.21%
700
185
515
26.41%
60,700
61,513
(813)
101.34%
0
0
0
0.00%
10,000
8,302
1,698
83.02%
100,000
100,000
0
0.00%
110,000
108,302
1,698
98.46%
(46,789)
68,625 95,767 27,142
19,325 48,978 29,653
Council Stmts 10116/2014
CAP102314 Page 16
City of Central Point
Council Financial Statements
For period ending September 30, 2014
Council Stmts 10/16/2014
CAP102314 Page 17
Fiscal Year to bare
25.00%
Year to Date
2014115
Revenues 8
Percentage
Budget
Expenditures
Difference
Received/Used
Reserve Fund- 35
Revenues
Interest
$4,000
$742
$3,258
18.56%
Transfersln
0
0
0
100.00%
Total Revenues
4,000
742
0
18.56%
Expenditures
Facility Improvements
40,000
0
40,000
0.00%
Total Expenditures
40,000
0
40,000
0.00%
Net Change in Fund Balance
742
Beginning Fund Balance
569,800
569,969
169
Ending Fund Balance
533,800
570,711
36,911
Debt Service Fund- 40
Revenues
Charges for Service
$224,000
$48,075
$175,925
21.46%
Interest Income
100
619
(519)
619.17%
Intergovernmental
162,870
0
162,870
0.00%
Special Assessments
60,000
10,128
49,872
16,88%
Transfers In
199,000
199,000
0
100.00%
Total Revenues
645,970
257,822
388,148
39.91%
Expenditures
Debt Service
645,600
122,400
523,200
18.96%
Total Expenditures
645,600
122,400
523,200
18.96%
Net Change in Fund Balance
135,422
Beginning Fund Balance
45,800
41,943
(3,857)
Ending Fund Balance
46,170
177,365
131,195
Building Fund- 50
Revenues
Charges for Service
$144,500
$48,709
$95,791
33.71%
Interest Income
1,500
322
1,178
21.50%
Miscellaneous
0
0
0
0.00%
Total Revenues
146,000
49,032
96,968
33.58%
Expenditures
Personal Services
156,300
30,229
126,071
1934%
Materials and Services
16,300
3,774
12,526
23.15%
Contingency
3,000
0
3,000
0.00%
Total Expenditures
175,600
34,003
141,597
19.36%
Net Change in Fund Balance
15,029
Beginning Fund Balance
133,495
184,271
50,776
Ending Fund Balance
103,895
199300
95.405
Council Stmts 10/16/2014
CAP102314 Page 17
City of Central Point
Council Financial Statements
For period ending September 30, 2014
Council Stmts 10/16/2014
CAP102314 Page 18
rlacar Yearfo Bare
25.00%
Year to Date
2014/15
Revenues 8
Percentage
Budget
Expenditures
Difference
Received/Used
Water Fund - 55
Revenues
Charges for Services
$2,885,500
$1,168,169
$1,717,331
40.48%
Interest Income
6,000
1,967
4,033
32.78%
Miscellaneous
_ 10,000
1,365
8,635
1365%
Total Revenues
2,901,500
1,171,500
1,730,000
40.38%
Expenditures
Operations
3,038,300
635,946
2,402,354
20.93%
SOC Improvements
16,000
0
16,000
0.00%
Contingency
145,000
0
145,000
0.00%
Total Expenditures
3,199,300
635,946
2,563,354
19.88%
Net Change in Fund Balance
535,554
Beginning Fund Balance
1,794,160
1,895,796
101,636
Ending Fund Balance
____L496,360
2,431 350
934,990
Stormwater Fund - 57
Revenues
Charges for Services
$841,150
$214,209
$626,941
25.47%
Interest Income
4,000
1,050
2,950
26.25%
Miscellaneous
0
2475
(2475)
0.00%
Total Revenues
845,150
217,734
627,416
25.76%
Expenditures
Operations
825,650
189,978
636,672
22.98%
SDC
25,000
1,636
23,364
6.54%
Contingency
43,000
0
43.000
0.00%
Total Expenditures
894,650
191,614
703,036
21.42%
Net Change in Fund Balance
26,120
Beginning Fund Balance
731,390
834.999
103.609
Ending Fund Balance
681,890
861,118
179229
Council Stmts 10/16/2014
CAP102314 Page 18
City of Central Point
Council Financial Statements
For period ending September 30, 2014
Council Stmts 10/1612014
CAP102314 Page 19
Frscar rear m dam
25.00%
Year to Date
2014115
Revenues &
Percentage
_ Budget
Expenditures
Difference
Received/Used
Internal Services Fund - 60
Revenues
Charges for Services
$1,115,800
$283,875
$831,925
25.44%
Interest Income
2,000
470
1,530
23.50%
Miscellaneous
10,000
0
10,000
0.00%
Total Revenues
1,127,600
284,345
843,455
25.21%
Expenditures
Facilities Maintenance
254,000
53,871
200,129
21.21%
PW Administration
674,200
155,796
518,404
23.11%
PW Fleet Maintenance
307,100
57,635
249,465
18.77%
Contingency
0
0
0
0.00%
Interfund Transfers
0
0
0
0.00%
Total Expenditures
1,235,300
267,302
967,998
21.64%
Net Change in Fund Balance
17,043
Beginning Fund Balance
139,000
255,454
116,454
Ending Fund Balance
31,500
272,497
240,997
Council Stmts 10/1612014
CAP102314 Page 19
City of Central Point
Budget Compliance Report
Forperlod ending September 30, 2014
SepteWrrM%nancial Statement.xlfix 10jiv2A
Flxeal Years. ease
25.00%
2014115
Year to Date
Percent
Budget
Expenditures
Used
Difference
General
Administration
$701,100
$165,846
23.66%
$535,254
City Enhancement
198,500
66.972
3n.74%
131,528
Technical Services
540,400
162,078
29.55%
386,322
Mayor and Council
61,250
24,321
39.71%
38,929
Finance
775,600
174,995
22.56%
600,605
Parks&Recreation - Parks
783,350
202,832
25.89%
560,518
Parks&Recreation - Recreation
522,740
83,303
15.94%
439,437
Community Development
403,850
87,180
21.59%
316,670
Police
4,130,910
1,073262
25.98%
3,057,648
Interdepartmental
95,000
100,296
105.57%
(5,296)
Transfers
44,000
44,000
100.00%
0
Contingency
160,000
0
0.00%
160,000
8,424,700
2,185,085
25.94%
6,239,616
HTCTF
Materials and Services
38,500
42,524
110.45%
(4,024)
38,500
42,524
110.46%
(4,024)
Street
Operations
1,772200
379,724
21.43%
1,392,476
SDC Improvements
253,000
27,355
10.81%
225,645
Contingency
100,000
0
0.00%
100,000
2,125,200
407,079
19.15%
1,718,121
Capital Projects
Park Projects
0
0
0.00%
0
Park Projects - SDC
52,000
8,302
15.97%
43,698
Transfers _
65,000
100,000
0.00%
(35000)
117,000
108,302
92.67%
8,698
Debt Service
Debt Service
645,600
122,400
18.96%
623,200
Building
Personnel Services
156,300
30,229
19.34%
126,071
Materials and Services
16,300
3,774
23.15%
12,526
Contingency
3,000
0
0.00%
3,000
175,600
34,003
19.36%
141,597
Water
Operations
3,038,300
635,946
20.93%
2,402,354
SDC Improvements
16,000
0
000%
16,000
Contingency
145,000
0
0.00%
145,000
3,199,300
636,946
19.88%
2,563,354
Stormwater
Operations
714,650
189,978
26.58%
524,672
SDC Improvements
25,000
1,636
6.54%
23,364
Contingency
43,000
0
0.00%
43,000
782,650
191,614
24.48%
591,036
Internal Services
Facilities Maintenance
254,000
53,871
2121%
200,129
PW Administration
674,200
155,796
23.11%
518,404
PW Fleet Maintenance
307,100
57,635
18.77%
249465
rg
1,235300
267302
21.84%
967,998
V
Total City Operations
$16 743 850
$3 994 255
23.86 %
$12,749,596
d
O)
Q
O
C
J
d
SepteWrrM%nancial Statement.xlfix 10jiv2A
Ordinance
Amending Chapter 16
of the CPMC
CAP102314 Page 21
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97 SO2 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
October 14, 2014
AGENDA ITEM: Second reading of an ordinance amending chapter 16 Subdivisions in
regards to structures over city easements.
Consideration of an ordinance amending portions of Chapter 16 Structures in regards to structures
over city easements.
STAFF SOURCE:
Matt Samitore, Parks & Public Works Director
BACKGROUND/SYNOPSIS:
This past summer the City had to enforce several structures that were illegally constructed over
City utility easements. In trying to enforce the removal of the structures it became clear that the
current municipal code does not clearly define that structures are prohibited to be constructed over
the city easements.
The revised ordinance addresses the difference between a city easement and public utility easement
as well as defines what is allowed to be constructed over a city easement.
There were no changes between first and second reading.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Ordinance revisions to the definitions section and the easements section are attached.
RECOMMENDATION:
City Staff: City staff recommends approving the first reading.
PUBLIC HEARING REQUIRED:
SUGGESTED MOTION:
I move to approve ordinance amending Chapter 16 of the Central Point Municipal Code to
define what structures can be constructed over city utility easements.
Return to Agenda
CAP102314 Page 22
ORDINANCE NO.
AN ORDINANCE AMENDING PORTIONS OF
CENTRAL POIN 1' MUNICIPAL CODE CHAPTER 16 SUBDIVISIONS
IN REGARDS TO STRUCTURES OVER CUI'Y EASEMENTS
Recitals:
A. Words hired through are to be deleted and words in bold are added.
B. Chapter 16.08 Definitions is to be amended to include "City Utility Easement'
and "Structure".
C. Chapter 16.24.030 Blocks Easements will be amended to further clarify what is
allowed in a city utility easement.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLO\b'S:
SECTION I. Chapter 16.08 Definitions is hereby amended to read as follows:
Sections:
16.08.010 Definitions.
Chapter 16.08
DEFINI"LIONS
16.08.010 Definitions.
As used in this title the masculine gender includes the feminine and neuter gender and the
singular includes the plural. The following words and phrases, unless the context otherwise
requires, shall have the meanings assigned to them.
L "Alley' means a narrow street through a block primarily for vehicular service access to the
back or side of properties otherwise abutting on another street.
2. "Applicant' means the owner or contract purchaser of the property sought to be subdivided,
partitioned or developed, or the person duly authorized in writing by such person or persons to
act as agent to seek subdivision, partition or development, and in connection therewith, to bind
the property to any conditions thereof.
Ordinance No. , (100914)
CAP102314 Page 23
3. `Building line" means a line on a plat indicating the limit beyond which buildings or
structures may not be erected.
4. "City" means any representative of the city of Central Point authorized to make the decision in
question, including but not limited to the public works director, the city manager, the planning
commission or the city council.
5. "City Utility Easement' is an easement that is dedicated or granted for City water, sewer
or storm drain.
63. "Cul -de -sad' (dead-end street) means a short street having one end open to traffic and being
terminated by a vehicle turn -around.
7.6. "Development plan' means any plan as defined in Central Point Municipal Code
Section 15.16.010.
A. 7. "Easement' means a grant of the right to use a strip of land for specific purposes
9. 4. "Final plat' means the final map and other writing containing all the descriptions, locations,
specifications, provisions and information concerning a subdivision, and where applicable,
includes a partition plat prepared by a registered professional land surveyor.
10. S. "Flag lot' means a lot or parcel surrounded by other parcels on all sides and connected to
the public right-of-way by a privately owned driveway or easement for ingress and egress.
11.-48. "Half street' means a portion of the width of a street, usually along the edge of a
subdivision where the remaining portion of the street has been or could later be provided in
another subdivision.
12. 44 "Lot' means a parcel of land intended as a unit for transfer of ownership or for
development.
13. 4.2 "Major partition' means a partition which includes the creation of a road or street.
14. 44 "Minor partition' means a partition which does not include the creation of a road or street.
15. 4-4. 'Partition' means either an act of partitioning land or an area or tract of land partitioned
as defined by this chapter.
Ordinance No. , (100914)
CAP102314 Page 24
16 4-3. "Partition plat' means the final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a major or minor land partition.
1746 "Partitioned land" means to divide an area or tract of land into two or three parcels within
a calendar year when such area or tract of land exists as a unit or contiguous units of land under
single ownership at the beginning of such year. "Partitioned land" does not include divisions of
land resulting from lien foreclosures; divisions of land resulting from the creation of cemetery
lots; and divisions of land made pursuant to a court order, including but not limited to court
orders in proceedings involving the state or intestate succession; and "partitioned land" does not
include any adjustment of a lot line by the relocation of a common boundary where an additional
parcel is not created and where the existing parcel reduced in size by the adjustment is not
reduced below the minimum lot size established by any applicable zoning ordinance.
184-7 "Pedestrian way" means a right-of-way for pedestrian traffic.
19 U "Person' means an individual, firm, partnership, corporation, company, association,
syndicate or any legal entity, and including any trustee, receiver, assignee or other similar
representative thereof.
201-9. "Planning commission' means the planning commission of the city.
21 2A. "Reversed corner lot' means a corner lot, the side street line of which is substantially a
continuation of the front lot line of the first lot to its rear.
22. 24 "Right-of-way" means all areas conveyed or dedicated to the public or city, or in actual
use by the public or city, for vehicular, pedestrian or utility use.
23 2_2. "Road' or "street' means a public or private way that is created to provide ingress or
egress for persons to one or more lots, parcels, areas or tracts of land.
24 23. "Roadway" means the portion or portions of street rights-of-way developed for vehicular
traffic.
252-4 "Sidewalk" means a pedestrian walkway with permanent surfacing.
26 24. 'Street' means the entire width between the boundary lines of every way which provides
for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities
and includes the terms road, highway, avenue, alley or other similar designations.
Ordinance No. ,(100914)
CAP102314 Page 25
27. "Structure" means anything built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner. This includes, but is not limited to, carports, swimming pools, hot tubs, permanent
signs, above ground gas or liquid storage tanks, fences, railings, sheds, manufactured
homes, antennae, satellite dishes, well pump houses, mechanical equipment, and portable
buildings. It also includes tents, awnings, stands, carts, and tables, except those used
temporarily for an itinerant use. It does not include portable items solely for sale or
temporary storage on the premises, including manufactured homes, portable buildings,
and vehicles.
28 2-7. 'Subdivide land" means to divide a parcel of land into four or more parcels within a year.
29 29. 'Subdivision' means either an act of subdividing land or a tract of land subdivided as
defined in this chapter.
30 2_9. "Through lot' means a lot having frontage on two parallel or approximately parallel
streets other than alleys.
31 30. "Tentative plan' means the diagram and text containing all of the descriptions, locations,
specifications, provisions and information concerning a proposed subdivision or partition.
32 34. "Underground utilities" include all public and private services including but not limited to
electrical power, television cable, gas, telephone, sewer, water and storm sewer.
SECTION 2. Chapter 16.24 Blocks and Lots Design Standards is hereby amended to read as
follows:
Sections:
Chapter 1624
BLOCKS AND LO"I S --DESIGN S ANDARDS
16.24.010
Blocks—Length, width and shape.
16.24.020
Blocks—Sizes.
16.24.030
Blocks—Easements.
16.24.040
Lots—Uses.
16.24.050
Lots—Size and determination.
16.24.060
Through lots.
16.24.070
Lot side lines.
Ordinance No. , (100914)
CAP102314 Page 26
16.24.080 Large lot subdivision.
16.24.0 10 Blocks—Length width and shape.
The lengths, widths and shapes of blocks shall be designed with due regard to providing
adequate building sites suitable to the special needs of the type and use contemplated, needs for
convenient access, circulation, control and safety of street traffic and limitations and
opportunities of topography.
16.24.020 Blocks—Sizes.
Blocks shall not exceed twelve hundred feet in length except blocks adjacent to arterial streets or
unless the previous adjacent layout or topographical conditions justify a variation. The
recommended minimum distance between intersections on arterial streets is three hundred feet.
16.24.030 Blocks—Easements.
A. Utility Lines. Easements for electric lines or other non -city owned public utilities may be
required, and shall be a minimum of ten feet in width located on the exterior portion of a single
property. Easements for city utilities (i.e., water, storm drain and sanitary sewer mains) shall be a
minimum of fifteen feet in width located on the exterior portion of a single property. Tie -back
easements six feet wide by twenty feet long shall be provided for utility poles along lot lines at
change of direction points of easements.
1. Structures Located Within a City Utility Easement.
a. Except for public utilities and for signs when developed in accordance
with Chapter 15.24 (Sign Code) of this Code, no person shall locate,
construct, or continue to locate a Structure (as defined in chapter 16.08 of
the Central Point Municipal Code) within a City Utility Easement (as
defined in chapter 10.08 of the Central Point Municipal Code), except as
provided in subsections 1(b) and 2 below.
b. Notwithstanding the foregoing, the City may approve fencing, concrete
block walls/fencing, retaining walls, and similar fencing/wall structures
that are otherwise in compliance with the Building Code, and with the
clearance provisions noted herein, over an easement subject to the
following requirements:
i. Said fencing or wall structures that interfere with the installation,
maintenance, access, or operation of a public utility or City utility
Ordinance No. , (100914)
CAP102314 Page 27
may be removed by the utility provider or the City at the sole cost of
owner.
ii. Any replacement or relocation of the fencing or wall structures
shall be at the sole cost of the property owner or occupant.
iii. Owners and occupants of property shall not be entitled to
compensation for damages related to removal of the fencing or wall
structures.
2. Grass, Asphalt, and Concrete Installed Within a City Utility Easement
a. Subject to the limitations of the Building Code, lawful owners and
occupants of property may install grass, asphalt and concrete within a
City Utility Easement.
b. In the course of installing, accessing, maintaining, or operating its
facilities in a City Utility Easement, a public utility or the City as the
case may be, may move or remove any asphalt, concrete, or vegetation
located within said easement. After the same are moved or removed
and after completion of the necessary work, the grass, asphalt or
concrete shall be repaired and replaced in a reasonable manner at the
sole cost of the public utility or City.
C. Owners and occupants of property shall not be entitled to
compensation related to damages to grass, asphalt, or concrete so long
as the repairs and replacement are done in a reasonable manner and
in a reasonable time frame.
B. Watercourses. Where a subdivision is traversed by a watercourse, drainage way, channel or
stream, there may be required a stormwater easement or drainage right-of-way conforming
substantially with the lines of such watercourse, and such further width as will be adequate for
the purpose. Streets, parkways or access roads parallel to major watercourses may be required.
C. Pedestrian Ways. In any block over seven hundred fifty feet in length a pedestrian way may
be required. The minimum width of the pedestrian right-of-way must be at least six feet in width
which shall be hard surfaced through the block and curb to curb in order to provide easy access
to schools, parks, shopping centers, mass transportation stops or other community services. If
conditions require blocks longer than twelve hundred feet, two pedestrian ways may be required
for combination pedestrian way and utility easement. When essential for public convenience,
Ordinance No. ,(100914)
CAP102314 Page 28
such ways may be required to connect to cul-de-sacs. Long blocks parallel to arterial streets may
be approved without pedestrian ways if desirable in the interests of traffic safety
A. The city may, in its discretion, deny approval for the creation of any lot by any manner if the
effect of such creation of lot would be to facilitate perpetuation of a nonconforming use.
B. No lot shall be created unless it is in compliance with all applicable provisions of this code.
16.24.050 Lots—Size and determination.
Lot sizes shall conform with the zoning ordinance and shall be appropriate for the location of the
subdivision and for the type of development and use contemplated. In the case of irregular lots,
the width shall be measured along the front building line. In no case shall the average depth be
more than two and one-half times the width. Corner lots for residential use shall have sufficient
width to permit appropriate building setback from and orientation to both streets
A. In areas that cannot be connected to sewer lines, minimum lot sizes shall be sufficient to
permit sewage disposal by an engineered system in accordance with Department of
Environmental Quality, Jackson County environmental quality section, and public works
standards. Such lot sizes shall conform to the requirements of the Jackson County environmental
quality section.
B. Where property is zoned and planned for business or industrial use, other widths and areas
may be required, at the discretion of the city. Depth and width of properties reserved or laid out
for commercial and industrial purposes shall be adequate to provide for the off-street service and
parking facilities required by the type of use and development contemplated.
16.24.060 1hrou¢h lots.
Through lots shall be avoided except where essential to reduce access to primary or secondary
arterial streets or streets of equivalent traffic volume, reduce access to adjacent nonresidential
activities, or to overcome specific disadvantages of topography and orientation. A planting
screen easement of at least ten feet may be required along the line of lots abutting such adjacent
street. There shall be no right of access across such planting screen easements.
16.24.070 Lot side lines.
Ordinance No. , (100914)
CAP102314 Page 29
The side lines of lots shall run at right angles to the street upon which the lots face, as far as
practicable, or on curbed streets they shall be radial to the curve.
16.24.080 Large lot subdivision.
In subdividing tracts into large lots which at some future time are likely to be resubdivided, the
location of lot lines and other details of the layout shall be such that the resubdivision may
readily take place without violating the requirements of these regulations and without interfering
with the orderly development of streets or other utilities. Restrictions of building locations in
relationship to future rights-of-way shall be made a matter of record if the city considers it
necessary.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word Ordinance may be changed to "code", "article", "section', "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however
that any Whereas clauses and boilerplate provisions need not be codified and the City Recorder
is authorized to correct any cross-references and any typographical errors.
SECTION 4. Effective date. The Central Point City Charter states that an ordinance enacted by
the council shall take effect on the thirtieth day after its enactment. The effective date of this
ordinance will be the thirtieth day after the second reading.
Passed by the Council and signed by me in authentication of its passage this
day of , 2014.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
Ordinance No. , (100914)
CAP102314 Page 30
Public Hearing
Twin Creeks Zone
Change Ordinance
CAP102314 Page 31
City of Central Point, Oregon CENTRAL
140 S 3rd Street, Central Point, OR 97502 POINT
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
STAFF REPORT
October 23, 2014
AGENDA ITEM: File No. 14017
Community Development
Tom Humphrey, AICP
Community Development Director
Consideration of a Zone Change application from HMR, High Mix Residential to LMR, Low Mix
residential fora 1.81 acre site located within the Twin Creeks Transit Oriented Development (TOD). The
Project Site is identified on the Jackson County Assessor's map as 37 S 2W 03CA, Tax Lot 1200.
Applicant: Twin Creeks Retirement, LLC Agent: Herb Farber, Farber Surveying.
STAFFSOURCE:
Tom Hmnphrey AICP, Community Development Director
BACKGROUND:
Twin Creeks Retirement Center ("Retirement Center"), an assisted living facility, was developed on
lands designated HMR in 2009. At this time there are plans to expand the Retirement Center by
adding 19 attached row houses ("Addition") on an adjacent 1.81 acre lot that is currently planned and
zoned HMR (Lot 33, Twin Creeks Crossing, Phase t ). As a pre -requisite to the zone change it is
necessary that the Twin Creeks TOD Master Plan be amended re -designating Lot 33 from HMR to
LMR.
On October 7, 2014 an amendment (File No. 14013) to the Twin Creeks Master Plan was considered
and approved by the Planning Commission, including a change in land use for Lot 33 from HMR to
LMR. Given the action taken by the Commission, the proposed zone change would be consistent with
the amended Master Plan. The Planning Commission also recommended that the City Council
approve the zone change in question based on the findings of fact and conclusions of law presented to
them in the staff report dated October 7, 2014.
ISSUES & NOTES:
There are 4 issues/Notes relative to this application as follows:
I. Comprehensive Plan Compliance. Approval of the proposed zone change must be found
consistent with the City's Comprehensive Plan Land Use Plan Map. The Comprehensive
Plan designates Lot 33 as Transit Oriented Development(TOD). The proposal does not
change the TOD land use designation, and therefor remains consistent with the
Comprehensive Plan.
2. Twin Creeks Master Plan Compliance. The proposed zone change must be found to be
consistent with the Twin Creeks Master Plan. A Major Modification application (File No.
140 13) was submitted to mnend the Twin Creeks Master Plan, including adjusting the land
use designation on Lot 33 from HMR to LMR. Given the approval of the Major Modification
application, the proposed zone change will be consistent with the approved Twin Creeks
Master Plan.
3. Senior Housing. The immediate question before the City Council is limited to the rezoning
of Lot 33 from HMR to LMR, with the understanding that the ultimate use and development
CAP102314 Page 32
of Lot 33 must comply with all applicable sections of CPMC 17.65 and 17.67. These sections
have to do with criteria for TOD Districts and Corridors and with Design Standards for such.
For purposes of disclosure, it needs to be noted that the intended use of Lot 33 is for senior
housing within 19 single -story multiplex units. The LMR district does not allow senior
housing as a housing type, but multiplexes and all other housing types are permitted. The
term "senor housing" is not defined in CPMC 17.08.410. Consequently, given the LMR
development standards imposed by CPMC 17.65 and 17.69 and the general design standards
included in the Master Plan it is determined that as a housing type the multiplex development
of Lot 33 has adequate architectural controls to assure neighborhood compatibility, and is
permitted in the LMR district. The subsequent residential use of those 19 multiplex units is
consistent with the intent and purpose of the LMR district.
4. Flood Impacts. Lot 33 is currently located in the SFHA and subject to CPMC 8.24. The
proposed change of zone does not aggravate Lot 33's development within the SFHA. The
developer of Twin Creeks TOD has prepared a SPHA mitigation plan removing the lot from
the SPHA (File No. PP 14001). The mitigation plan has been conditionally approved by the
Federal Emergency Management Agency (FEMA). The developer of Twin Creeks TOD is
completing construction of the SFHA mitigation plan and will apply for a Letter of Map
Revision to remove Lot 33 from the SFHA.
CONDITIONS OF APPROVAL:
The Twin Creeks TOD Master Plan amendment (File No. 14013), Exhibit 18 changing the
land use on Lot 33 from HMR to LMR must be approved. If Exhibit 18 is not modified to re-
designate Lot 33 from HMR to LMR then this zone change (File No. 14017) then the
approval of the zone change from HMR to LMR is denied.
ATTACHMENTS:
Attachment "A" — Site Plan
Attachment "B" - Planning Commission Resolution No. 808 and Findings of Fact
Attachment "C" — Ordinance No. AN ORDINANCE AMENDING THE CENTRAL POINT
ZONING MAP ON LOT 33 OF TWIN CREEKS CROSSING, PHASE I (1.81 ACRES) FROM
TOD-HMR, HIGH MIX RESIDENTIAL TO TOD-LMR, LOW MIX RESIDENTIAL ZONING.
(37S2W03CA, TL 1200)
ACTION:
Consideration of zone change on Lot 33 of Twin Creeks Crossing, Phase I from HMR, High
Mix Residential to LMR, Low Mix Residential (First Reading).
RECOMMENDATION:
Discuss Zone Change Application from HMR to LMR and move ordinance to a second
reading.
Return to Agenda
CAP102314 Page 33
Site Plan Attachment A PLOT PLA"
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CAP102314 Page 37
AoWd Pepe No. x
Attachment B
PLANNING COMMISSION RESOLUTION NO. 808
A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION TO THE
CITY COUNCIL TO APPROVE THE REZONING OF LOT 33, TWIN CREEKS
CROSSING, PHASE I FROM HIGH MIX RESIDENTIAL (HMR) TO LOW MIX
RESIDENTIAL (LMR)
FILE NO. 14017
Applicant: Twin Creeks Retirement, LLC;
WHEREAS, the Twin Creeks Master Plan designates Lot 33, Twin Creeks Crossing, Phase I
as Low Mixed Residential; and
WHEREAS, the Twin Creeks Master Plan, as amended on October 7, 2014 has be
determined to comply with the City's Comprehensive Plan; and
WHEREAS, the proposed change of zone from HMR to LMR has been determined to be
consistent with the Twin Creeks Master Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning
Commission, by this Resolution No. 808, does recommend that the City Council approve the
change of zone on Lot 33, Twin Creeks Crossing, Phase I from HMR to LMR. This decision
is based on the Staff Report dated October 7, 2014 attached hereto by reference and
incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this
7'" day of October, 2014.
Planning Commission Chair
ATTEST:
City Representative
Approved by me this 71' day of October, 2014.
Return to Agenda
Planning Commission Resolution No. 808 (10/07/2014)
CAP102314 Page 38
FINDINGS OF FACT
AND CONCLUSIONS OF LAW
File No.: 14017
Before the City of Central Point Planning Commission
Consideration of a Zone Change Application on a 1.81 acre site in the Twin Creeks Transit
Oriented Development Master Plan Area
Applicant: ) Findings of Fact
Twin Creeks Retirement, LLC ) and
888 Twin Creeks Crossing ) Conclusion of Law
Central Point, OR 97502 )
PART 1
INTRODUCTION
It is requested that Lot 33, Twin Creeks Crossing Phase I ("Lot 33") be rezoned from High Mix
Residential (HMR) to Low Mix Residential (LMR). At this time Lot 33 is designated in the Twin Creeks
TOD Master Plan ("Master Plan") as HMR. Prior to approval of the zone change it is necessary the
Master Plan be amended to re -designate Lot 33 as LMR. A concurrent proposal (File No. 14013) has
been submitted to amend the Master Plan, including the designation of Lot 33 as LMR. These findings
have been prepared with the understanding that the Master Plan amendment re -designating Lot 33 from
HMR to LMR will be approved prior to action on the zone change.
The zone change request is a quasi-judicial map amendment, which is processed using Type III
application procedures. Type III procedures set forth in Section 17.05.400 provide the basis for
decisions upon standards and criteria in the development code and the comprehensive plan, when
appropriate.
Applicable development code criteria for this Application include:
L Statewide Planning Goals
2. Comprehensive Plan
3. Twin Creeks Master Plan
4. State Transportation Rule
5. CPMC 17.10
Findings will be presented in four (4) parts addressing the requirements of Section 17.05.300 as follows:
I . Introduction
2. Statewide Planning Goals
3. Comprehensive Plan
4. Twin Creeks Master Plan
5. Summary Conclusion
CAP102314 Page 39
PART 2
STATEWIDE PLANNING GOALS
At the time the Master Plan was initially adopted in 2001 it was found that the Master Plan was
consistent with the acknowledged Comprehensive Plan, previously determined to be consistent with the
Statewide Planning Goals. The General Land Use Plan in the Comprehensive Plan designates the Master
Plan area as Transit Oriented Development (TOD). Development within a TOD is regulated by
individual master plans and compliance with the standards and criteria set forth in CPMC 17.65 through
17.67. The proposed zone change does not alter the TOD designation, but is subject to compliance with
the Twin Creeks Master Plan (See Part 3 for further discussion).
Finding: The proposed zone change does not alter the current TOD designation on the City's
Comprehensive Plan Land Use Plan, which has previously been determined to be consistent with
the Statewide Planning Goals.
Conclusion: Consistent with Statewide Planning Goals.
PART 3
COMPREHENSIVE PLAN
The Comprehensive Plan Land Use Map designates the Twin Creeks Master Plan area as Transit
Oriented Development ("TOD"). The TOD land use designation allows for mixed-use transit oriented
development. Development within this land use classification is subject to the approved Twin Creeks
Master Plan.
Finding: The project site is located on Lot 33 of Twin Creeks Crossing Phase I within the Twin
Creeks Master Plan area, a 230 acre master planned development approved by Ordinance No.
1817 in January 2001. The zone change from HMR to LMR on the project site does not change
the Project Site's TOD land use designation on the City's Comprehensive Plan.
Conclusion: Consistent.
PART 4
STATEWIDE TRANSPORTATION RULE
Section 660-012-0060(1) Where an amendment to a f mcnonal plan, an acknowledged comprehensive
plan, or a land use regulation would .significantly affect an existing or planned transportation facili(v,
the local government. shall put in place measures as provided in .section (2) of this role to assure that
allowed land uses are consistent with the identified function, capaci(v, and performance .standards (e.g.
level of.service, volume to capaci(v ratio, etc.) of the facili(v. A plan or land use regulation amendment
.significantly affects a transportation facili(v ifit would:
a) Change the functional classification of an existing or planned transportation facili(vf
h) Change .standards implementing functional classification system; or
c) As measured at the end of the planning period identified in the adopted transportation .system
plan:
CAP102314 Page 40
(A) Allow (vpes or levels of land uses that would result in levels of travel or access that are
inconsistent with the Junctional classification of an existing or planned transportation
facility:
(B) Reduce the performance of an existing or planned transportation facility below the
minimum acceptable performance .standard identified in the TSP or comprehensive plan, or
(C) Worsen the performance of an existing or planned transportation facility that is
otherwise projected to perform below the minimum acceptable performance .standard
identified in the TSP or comprehensive plan.
Finding 660-012-0060(1)(a): The proposed zone change does not modify any existing land use
regulations. The proposed zone change serves to decrease the density standard of the property,
as shown in Table I, within the mixed residential designated area and is consistent with the
Master Plan' and Comprehensive Plan Map. The proposed zone change will not cause any
changes to the functional classification of any existing or planned transportation facilities.
Table 1.
Proposed Zone Change Impact to Average Daily Trips
Zoning
Site Acreage
Min Density
Min Units
Min ADT
Max Densitv
Min Units
Max ADT
HMR
1.81
30
54.3
361.10
40
72.4
481.46
LMR
1.81
6
10.86
37.36
12
21.72
74.72
Conclusion 660-012-0060(1)(a): No significant affect
Finding 660-012-0060(1)(b): The proposed zone change serves to significantly reduce the
Project Site's maximum density (Table 1), consistent with the Master Plan and CPMC
17.65.050, Table 2. The proposed zone change will not cause a change to standards
implementing the City's transportation system.
Conclusion 660-012-0060(1)(b): No significant affect.
Finding 660-012-0060(1)(e)(A): The proposed zone change will not cause an increase in land
uses that would result in levels of travel or access that would be inconsistent with the City's
functional street classification system for existing and planned transportation facilities. As
shown in Table I, the proposed zone change will decrease the intensity of daily travel.
Conclusion 660-012-0060(1)(e)(A): No significant affect.
Finding 660-012-0060(1)(e)(B): The proposed zone change will result in significant density
reduction and subsequently fewer average daily trips as demonstrated in Table 1. The proposed
zone change will not reduce the performance of any existing or planned transportation facilities
below the minimum acceptable performance standard identified in the Master Plan, or in the
City's Transportation System Plan.
Conclusion 660-012-0060(1)(e)(B): No significant affect.
Finding 660-012-0060(1)(e)(C): The proposed zone change decreases the travel intensity
serving the project site as shown in Table I and will not cause the worsening of an existing or
Twin Creeks Transit -Oriented Development, Part III, Commanity Design Features
CAP102314 Page 41
planned transportation facility that is otherwise projected to perform below the minimum
acceptable performance standard identified in the Master Plan or Comprehensive Plan.
Conclusion 660-012-0060(1)(c)(C): No significant affect.
PART 5
ZONING ORDINANCE
17.10.300 Quasi-judicial amendments.
A. Applicability ofQnasi-Judicial Amendments. Quasi judicial amendments are those that involve
the application of adopted policy to a .specific development application or code revision, and not the
adoption ofnew policy (i.e., through legislative decisions). Quasi judicial zoning map amendmenis
.shall follow the Type III procedure, as governed by Section 17.05.400, using .standards of approval in
.snb.section B of this .section. The approval anthori(v .shall be a.s follows:
1. The planning commission .shall review and recommend land use district map changes that do
not involve comprehensive plan map amendments,:
2. The planning commission .shall make a recommendation to the ci(v council on an application
for a comprehensive plan map amendment. The ci(v council shall decide .such applications, and
3. The planning commission .shall make a recommendation to the ci(v council on a land n.se
district change application that also involves a comprehensive plan map amendment
application. The ci(v council.shall decide both applications.
Finding 17.10.300(A): A zone change application has been submitted to rezone a 1.81 acre site
from HMR, High Mix Residential to LMR, Low Mix Residential. The proposed zone change
does not require an amendment to the Comprehensive Plan, but must demonstrate compliance
with the Master Plan.
Conclusion 17.10.300(A): Consistent.
B. Criteria for Quasi -Judicial Amendments. A recommendation or a decision to approve, approve
with conditions or to deny an application for a quasi judicial amendment .shall be based on all ol'the
following criteria.
1. Approvat ol'the request is consistent with the applicable .statewide planning goals,
Finding 17.10.300(6)(1): See Part 2, Statewide Planning Goals findings and conclusions.
Conclusion 17.10.300(6)(1): Consistent
2. Approvat ol'the request is consistent with the Central Point comprehensive plan,
Finding 17.10.300(6)(2): See Part 3, Comprehensive Plan findings and conditions.
Conclusion 17.10.300(6)(2): Consistent.
CAP102314 Page 42
3. The property and affected area is presently provided with adequate public facilities, .services and
transportation networks to .support the use, or .such facilities, .services and transportation
networks are planned to be provided in the planning period, and
Finding 17.10.300(6)(3): Public facilities, services and transportation networks have been
established pursuant to the Twin Creeks Master Plan and are sufficient to serve the proposed use.
The proposed zone change reduces maximum densities from 50+ units per acre to 12 units per
acre significantly reducing the use of public facilities.
Conclusion 17.10.300(6)(3): Consistent.
4. The change is in the public interest with regard to neighborhood or community conditions, or
corrects a mistake or inconsistency in the comprehensive plan or land use district map regarding
the property which is the .subject of the application.
Finding 17.10.300(6)(4): The proposed zone change is consistent with the Twin Creeks Master
Plan as amended (File No. 14013), which determined that the LMR designation is consistent
with objectives of the Master Plan.
Conclusion 17.10.300(6)(4): Consistent.
17.10.600 Transportation planning rule compliance.
Section 660-012-0060(1) GVhere an amendment to a functional plan, an acknowledged comprehensive
plan, or a land use regulation would .significantly affect an existing or planned transportation facility,
the local government .shall put in place measures asprovided in .section (2) of this rule to assure that
allowed land uses are consistent with the identified function, capacity, and performance .standards (e.g
level of.service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment
.significantly affects a transportation facility ifit would:
a) Change the functional classification ratan existing or planned transportation facility;
b) Change .standards implementinga functional classification system; or
e) As measured at the end of the planning period identified in the adopted transportation .system
plan:
(A) Allow (vpes or levels of land uses that would result in levels of travel or access that are
inconsistent with the functional classification of an existing or planned transportation
facility:
(B) Reduce the performance ratan existing or planned transportation facility below the
minimum acceptable performance .standard identified in the TSP or comprehensive plan, or
(C) Worsen the performance ratan existing or planned transportation facility that is
otherwise projected to perform below the minimum acceptable performance .standard
identified in the TSP or comprehensive plan.
Finding 17.10.600(1): See Part 4, Statewide Transportation Planning Rule findings and
conclusions.
CAP102314 Page 43
Conclusion: Consistent.
Summary Conclusion: As evidenced in findimp; and conclusions, the proposed zone change is
consistent with applicable standards and criteria in the Central Point Municipal Code, including the
Statewide Planning Goals, Comprehensive Plan, the Twin Creeks TOD Master Plan and Statewide
Transportation Planning Rule.
Return to Agenda
CAP102314 Page 44
Attachment C
ORDINANCE NO.
AN ORDINANCE AMENDING THE CENTRAL POINT ZONING MAP ON LOT 33 OF
TWIN CREEKS CROSSING, PHASE 1(1.81 ACRES) FROM TOD-HMR, HIGH MIX
RESIDENTIAL TO TOD-LMR, LOW MIX RESIDENTIAL ZONING.
(37S2W03CA, TL 1200)
Recitals:
A. The City of Central Point (City) is authorized under Oregon Revised Statute
(ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and
implementing ordinances consistent with the Statewide Land Use Planning
Goals.
B. The City has coordinated its planning efforts with the State in accordance with
ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals
and compatibility with City Comprehensive Plans.
C. Pursuant to authority granted by the City Charter and the ORS, the City has
determined to amend the Central Point Zoning Map which was originally
adopted on August 29, 1980 and has been amended at various times since.
D. Pursuant to the requirements set forth in CPMC Chapter 17.10.100 Zoning
Map and Zoning CodeText Amendments — Purpose and Chapter 17.05.010,
APPLICATIONS AND DEVELOPMENT PERMIT REVIEW PROCEDURES,
the City has accepted an application and conducted the following duly
advertised public hearings to consider the proposed amendment:
a) Planning Commission hearing on October 7, 2014
b) City Council hearings on October 23 and November 13, 2014.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Based upon all the information received, the City Council adopts the
findings of fact and conclusions of law set forth in the City staff report; determines that
changing community conditions, needs and desires justify the amendments and hereby
adopts the changes entirely.
Section 2. The City zoning map is hereby amended as set forth in Exhibit 1 which
is attached hereto and by this reference incorporated herein.
Ordinance No. (111314)
CAP102314 Page 45
Section 3. The City Manager is directed to conduct post acknowledgement
procedures defined in ORS 197.610 at seq. upon adoption of the changes to the zoning
and Comprehensive Plan maps.
Section 4. Effective date. The Central Point City Charter states that an ordinance
enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
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
Ordinance No. (111314)
CAP102314 Page 46
EXHIBIT 1
LMR
LOT 33 OF TWIN CREEKS CROSSING, PHASE 1 (1.81 ACRES) 37S2W03CA, TAX LOT 1200
CAP102314 Page 47
Business
Franchise Agreement
With Rogue Valley
Sewer Serivices
CAP102314 Page 48
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (S41) 664-7602 www.centra l go into regon.gov
STAFF REPORT
October 23d, 2014
AGENDA ITEM: Discussion of the possible creation and implementation of a franchise
agreement between the City of Central Point and Rogue Valley Sewer Services (RVSS).
STAFF SOURCE:
Matt Samitore, Public Works
Director Chris Clayton, City Manager
Sydnee Dreyer, City Attorney
BACKGROUND/SYNOPSIS:
The City of Central Point currently maintains franchise agreements with the following franchisees:
Pacific Power & Light (Pacific Corp.); Avista Utilities; Charter Communications; Hunter
Communications (Core Digital); L.S. Networks; Qwest Communications; Rogue Disposal and
Recycling and the City of Central Point (5% franchise on the City's water system).. Each of these
franchised utilities currently pays a franchise fee for use of the City of Central Point's public right-
of-way. Current franchise rates vary from 5%-6% of gross revenues (within Central Point
boundaries), largely due to length of existing agreements. Recently expired agreements have been
renegotiated at 6%, while agreements with future expirations have remained at their previously
negotiated rate of 5%.
In 2012, the City of Phoenix became the first city to pass a franchise ordinance which places
operating requirements, and a franchise fee, on Rogue Valley Sewer Services (RVSS). RVSS has
opposed the implementation of such a franchise fee and, ultimately, challenged the City of
Phoenix's authority in court. The adjudication of this issue has resulted in both the Circuit Court
and Oregon Court of Appeals reaffirming the City of Phoenix's `home -rule' authority to impose a
franchise fee on RVSS, even though they are designated a special sewer district under Oregon
Revised Statute Chapter 450. This issue will receive final consideration from the Oregon Supreme
Court in January of 2015.
Although still pending an Oregon Supreme Court decision, Central Point Staff found two segments
of the Oregon Appellate Court's opinion to be particularly reassuring:
L `Recognizing the independent basis of legislative authority granted to cities in this state by
municipal charters, the Legislative Assembly intends by ORS 221.415, 221.420, 221.450
and 261.305 to reaffirm the authority of cities to regulate use of municipally owned rights of
way and to impose charges upon publicly owned suppliers of electrical energy, as well as
privately owned suppliers for the use of such rights of way:'
CAP102314 Page 49
2. "A local ordinance is not incompatible with state law simply because it imposes greater
requirements than does the state, nor because the ordinance and the state law deal with
different aspects of the same subject. Rather, we generally assume that the legislature did
not mean to displace local regulation of a local condition unless its intent to do so is
apparent."
While the City of Central Point fully supports the concept of `home -rule' authority and local
government's ability to franchise any utility generating revenue from the use of publicly owned
right-of-way, additional concerns remain. More specifically, Central Point has concerns regarding
equity among franchised utilities, the cost of maintaining the publicly owned right-of-way, and the
City's ability to control the construction methods and practices used by franchised utilities
performing maintenance/construction inside Central Point's jurisdiction. For this reason, like the
Phoenix ordinance, Central Point would propose including operating requirements and restrictions
in a franchise fee agreement/ordinance covering RVSS and any other special district utility
provider. To that end, staff has included provisions mandating compliance with Chapter 14 of the
Central Point Municipal Code, the Public Works Standard Specifications and Uniform Standard
Details, the Storm Drain Trench Details, and OSHA Safety and Health Regulations. As part of this
review, the Public Works Department will be reviewing Chapter 14 and may be proposing
amendments in the near future as those standards were last updated in 1989.
FISCAL IMPACT:
The purpose of the franchise fee is to reimburse the City for its costs and the impacts to its rights of
way in connection with RV SS's operation of its sewage system within the City right of way. The
2014/2015 budget estimates total all collected franchise fees at $1.029,000. In 2014/15, the
majority of this revenue stream is allocated to priorities originating from the City's general fund.
However, prior to the recession beginning in 2007, the majority of this revenue stream was
allocated to street fund capital projects and maintenance. Impacts of the recession began to
destabilize the general fund as early as 2008. Stagnating revenues, increasing costs and declining
fees for service (planning & building) all contributed to destabilization and warranted a careful
examination of service levels, personnel reductions and potential efficiency increases. The results
of this examination produced a strategy of using a combination of reduced staffing levels, increased
efficiencies and augmentation of general fund priorities through the reallocation of franchise
revenue. Furthermore, an appointed `ad-hoc' committee recommended the creation of a street
utility fee to prevent the deferral of both general maintenance/repairs and capital construction
traditionally augmented via franchise fees in the street fund. The City Council accepted this
recommendation and implemented a street utility fee in 2008. The 2014/2015 budget estimates
street utility fee revenue at $485,000. The street utility fee has not been increased since its
inception.
Potential RVSS Franchise Revenue: Depending on the percentage adopted (5%, 6% or 7%) in a
potential franchise agreement between the City of Central Point and Rogue Valley Sewer Services,
potential annual revenue varies from $75,000 to $95,000. The 2014/2015 budget includes a utility
fee increase of similar magnitude. Assuming that a newly enacted RVSS franchise fee would be
`ear -marked' specifically to mitigate necessary right-of-way maintenance, the City of Central Point
CAP102314 Page 50
could delay future street and storm water utility fee increases for the upcoming 2 -year budget cycle.
Depending on the rate, the average RVSS customer will be paying an additional $0.75 to $1.00
more per month for the sanitary sewer utility rate.
Ultimately, the cost of maintaining the public right-of-way will be addressed either by a City street
and storm water utility fee increase, or a franchise agreement that requires RVSS to accept
responsibility for its use of the publicly owned right-of-way.
Citv Expenditures: The 2014/2015 street fund has $250,000 scheduled for the City's
transportation infrastructure maintenance program. Any newly created revenue would increase
capital maintenance and construction during future budget cycles. If implemented immediately, or
in the near future, RVSS would likely begin collecting the franchise fee accordingly; however, the
funds would not be dispersed until the Oregon Supreme Court concludes with their opinion in
January of 2015.
ATTACHMENTS:
L Draft Franchise Agreement between the City of Central Point and Rogue Valley Sewer
Services.
2. Chapter 14.07 (Violations) of the Central Point Municipal Code (CMPC)
RECOMMENDATION:
I . Provide direction to staff to finalize franchise agreement between the City of Central Point
and Rogue Valley Sewer Services; schedule a public hearing for adoption of franchise
agreement via resolution, begin negotiations for implementation with RVSS.
2. Provide direction for staff to delay consideration of agreement finalization until the Oregon
Supreme Court has issued an opinion on RVSS's pending challenge.
3. Provide direction for staff to develop a general franchise ordinance that controls any utility
or service district such as a water authority or sanitary authority operating in the public
right-of-way unless otherwise regulated through a utility -specific franchise agreement.
4. Provide direction for staff to no longer pursue the development of a franchise agreement
between the City and RVSS.
PUBLIC HEARING REQUIRED:
No Public Comment can be accepted on this discussion item, but no public hearing is required.
SUGGESTED MOTION:
I move to direct staff per recommendation # as described above.
Return to Agenda
CAP102314 Page 51
City of Central Point
Sanitary Sewer Franchise Agreement
Rogue Valley Sanitary Sewer
Franchise agreement authorized pursuant to Central Point Municipal Code
between the City of Central Point ("City") and Rogue Valley Sanitary Sewer
("Grantee") and dated this day of 2014.
1. Grant of franchise. Subject to the provisions and restrictions of
this agreement and the Charter and the Municipal Code of Central Point, in
consideration for the payment and obligations set forth in this franchise
agreement, City grants to Grantee the non-exclusive privilege to use the public
rights of way to install, maintain, and operate sanitary sewer facilities within the
corporate limits of the City.
1.1 All facilities in possession of Grantee currently located within
right of way are covered by this agreement and are deemed lawfully placed in
their current locations. The City may require relocation as further specified in this
agreement.
1.2. Upon the annexation of any territory to the City, the rights of
Grantee in this agreement shall extend to the annexed territory to the extent the
City has such authority. All facilities owned, maintained, or operated by Grantee
located within any public rights of ways of the annexed territory shall be subject
to all of the terms of this agreement.
2. Term. The term of this franchise shall be five years from the date
listed above and shall renew automatically for three additional periods of five
years each unless notice is given by either party 90 days before expiration of its
intent to terminate the franchise or unless terminated sooner as provided in this
agreement.
3. Fee.
3.1 In consideration for the use of its right of way, Grantee shall
pay as a franchise fee to the City, through the duration of this franchise, an
amount equal to ( ) percent of Grantee's gross revenues. Payment of the
franchise fee shall be made quarterly on or before April 30, July 31, October 31
and January 31 for the calendar quarter immediately preceding each of these
dates. Grantee shall pay a pro rata fee for the last annual payment to the date of
termination in addition to any other sums due the City and shall make such
payment within 30 days of termination.
3.1.1 Should Grantee determine that any revenue from
sanitary sewer services or the use of Grantee's sewer facilities within the City is
1- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 52
excluded from gross revenues, as defined above, because of federal or state
laws, Grantee shall in any case account for such revenue in each of its
payments. The accounting shall indicate the amount of revenue that was not
included in the calculation of the fee paid to the city and the reason for the
exclusion.
3.2 Franchise fee payments not received by the City on or
before the due date shall be assessed interest at the rate of one percent over the
existing prime rate as set by the bank with which the City contracts for its banking
services, compounded daily. Interest shall be due on the entire late payment
from the date on which the payment was due until the date on which the City
receives the payment. Each payment shall be accompanied by a written report
to the City, verified by an officer or other authorized representative of Grantee,
containing an accurate statement in summarized form, as well as in detail, of
Grantee's gross revenues and the computation basis and method. Such reports
shall be in a form satisfactory to the City.
3.3 No acceptance of any payment by Grantee shall be
construed as an accord that the amount paid is, in fact, the correct amount, nor
shall any acceptance of payments be construed as a release of any claim the
City may have for further or additional sums payable. All amounts paid shall be
subject to confirmation and recomputation by the City, provided that such audit
and computation is completed within three years of the date any audited and
recomputed payment is due. If no such audit or financial review is conducted
within the three year period, then any claim that the City might have had for
additional compensation shall be forever waived and relinquished. Grantee
agrees to reimburse the City for:
3.3.1 The reasonable costs of such confirmation if the City's
recomputation discloses that Grantee has paid 95% or less of the franchise fees
owing for the period at issue upon receipt of an invoice from the City showing
such costs were actually incurred and directly related to the audit; or
3.3.2 One-half of the reasonable costs of such confirmation
if the City's recomputation discloses that Grantee had paid more than 95% but
less than 98% of the franchise fees owing for the period at issue.
3.3.3 The City's costs which may be reimbursed under this
section shall not exceed $5,000.00 per audit or financial review.
3.3.4 If the City determines that Grantee made any
underpayment, and that the underpayment exceeded five percent of the amount
due, Grantee shall pay interest compounded at the rate of one percent over the
existing prime rate as set by the bank with which the City contracts for its banking
services, compounded monthly. Interest shall be due on the entire
2- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 53
underpayment from the date on which payment was due until the date on which
full payment is received.
3.3.5 If the City determines that Grantee has made any
overpayment, it shall immediately refund such overpayment to Grantee. If the
overpayment exceeded five percent of the amount due, Grantee shall pay
interest compounded at the rate of one percent over the existing prime rate as
set by the bank with which the City contracts for its banking services,
compounded monthly. Interest shall be due on the entire overpayment from the
date on which the overpayment was made until the date on which refund is
made.
3.4 If Grantee disputes the City's determination of
underpayment, Grantee shall place the disputed amount in an escrow account
until final resolution.
3.5 All Grantee's books, maps, and records directly concerning
its gross revenues under this franchise and its calculation of franchise fee
payments to the City shall be open for inspection by the proper officers or agents
of the City, upon no less than 48 hours prior written notice, during normal
business hours to determine the amount of compensation due the City under this
franchise, and shall be kept so as to accurately show the same.
3.6 Payment of the franchise fee shall not exempt Grantee from
the payment of any license fee, tax or charge on the business, occupation,
property or income of Grantee that may be lawfully imposed by the City or any
other taxing authority, except as may otherwise be provided in the ordinance or
laws imposing such other license fee, tax or charge.
4. Central Point Municipal Code Chapter 14, Charter and General
Ordinances to Apply/Construction Standards
4.1 Unless the context requires otherwise, words and phrases
used in this franchise shall have the same meaning as defined in Chapter 14.01,
Sanitary Sewers. All of the provisions of Chapter 14 are incorporated by
reference and made a part of this franchise. In the event of any inconsistencies
in the terms of this franchise and Chapter 14, the more restrictive provisions of
Chapter 14 shall take precedence over franchise terms.
4.2 The Charter of the City and general ordinance provisions of
the City affecting matters of general City concern and not merely existing
contractual rights of Grantee, now in effect or adopted in the future, are
incorporated by reference and made a part of this franchise. Nothing in this
franchise shall be deemed to waive the requirements of the various codes and
ordinances of the City regarding permits, fees to be paid, or the manner of
construction.
3- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 54
4.3 Grantee shall comply with all construction/safety standards
it Chapter 14 as well as the Certral Point Public Works Standard Specifications
and Uniform Standard Details, including Storm Drain Trench Details, row it
effect, and as hereafter amended or updated. Grantee shall further comply with
OSHA Safety and Health Regulations for Construction row it existence or as
hereafter amended. Grantee shall be subject to the civil penalties provided it
Chapter 14.07.050 for violation of the foregoing standards.
5. General Financial and Insurance Provisions.
5.1 Grantee shall secure and maintain the following liability
insurance policies insuring both Grantee and City, its elected and appointed
officers, officials, agents and employees as coinsured during the term of this
agreement:
Bodily Injury/Death: $1,000,000
Property Damage: $1,000,000
Automobile Liability: $1,000,000
Workers' Compensation: $1,000,000
Explosion, Collapse, Product Hazard: $1,000,000
In lieu of the above, Grantee may provide evidence of self-insurance subject to
review and acceptance by City.
6. Construction and Relocation.
6.1 Non -emergencies. Except in the case of an emergency,
Grantee shall file with the City Engineer maps or plans showing the location of
any facilities to be placed in the right of way prior to the placement of those
facilities. Grantee shall also file with the City Engineer maps or plans showing
the location of any construction work to be performed in the right of way, even if
no new facilities are placed. No non -emergency work involving excavation, new
facilities or relocated facilities may be performed until the City Engineer has
approved the location for the work and facilities. No facilities shall be attached to
a bridge without approval by the City Engineer of the design of facilities and
method of attachment. In issuing the approval for non -emergency work, the City
Engineer may restrict the times or dates when the work may be performed in
order to minimize disruption of rights of way and may require work by Grantee to
be coordinated with work of the City or of others using the rights of way.
6.2 Emergencies. Grantee may conduct emergency work at any
time and must provide the City Engineer with oral notice of the emergency work
as soon as reasonably possible and no later than one business day after the
emergency work has commenced. Grantee shall provide the City Engineer a
map of any excavations and repavings conducted on an emergency basis within
30 days of completion of the work. Grantee shall also provide the City Engineer
4- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 55
a map of any new facilities constructed on an emergency basis within 30 days of
completion of the work.
6.3 Reasonable care. All work by Grantee within the rights of
way shall be conducted with reasonable care and with the goal of eliminating or
minimizing the risk to those using city rights of way and to eliminate or minimize
the risk of damage to public or private property. All work shall be performed in
accordance with all applicable laws and regulations. Grantee shall not move,
cut, modify or otherwise affect any facility of any other entity in the right of way
without the consent of the other entity and notification to the City.
7. Maps. Grantee shall maintain maps and operations data pertaining
to its operations in the City on file at an office in Oregon. Within 24 hours prior
notice, the City may inspect the maps at any time during business hours. Upon
request of the City and without charge, and subject to the provisions of this
section, Grantee shall furnish current maps to the City, either in a printed form,
or, if the City maintains compatible data base capability, then by electronic data
in read-only format, showing the location of its facilities, but not other proprietary
information, used in operating Grantee's facilities within the City's Urban Growth
Boundary area served by Grantee. Grantee and the City may determine that the
location of certain sanitary sewer facilities should be confidential as the public
interest may require. In such a case, the City shall treat any public record
disclosing the location of these facilities as confidential, subject to the provision
of state law and the Oregon Public Records Law. The City shall limit access to
any such confidential record to trustworthy employees of the City with a need to
know the information set out in the record. The City will not sell or transmit
Grantee maps or data to third parties unless permitted by Grantee. The City will
make available to Grantee any City -prepared maps or data.
8. Excavation. Subject to Sections 6 and 9 of this agreement,
Grantee may make all necessary excavations within any right of way for the
purpose of installing, repairing or maintaining any facility.
9. Restoration after Excavation. Except as otherwise provided in
this section, Grantee shall restore the surface of any right of way disturbed by
any excavation by Grantee to the same condition it was in prior to its excavation.
In the event that Grantee's work is coordinated with other construction work in
the right of way, the City Engineer may excuse Grantee from restoring the
surface of the right of way, providing that as part of the coordinated work, the
right of way surface is restored at least to the condition it was in prior to
excavation. All restoration of right of way surface shall be subject to the approval
of the City Engineer, who may issue an order requiring correction of the
restoration work. If the correction order is not complied with within 30 days or
such other time as may be specified in the order, the City may restore the
surface of the right of way, in which case Grantee shall pay the City for the cost
5- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 56
of resurfacing, including all administrative costs of resurfacing and of issuing the
correction order.
10. Relocation.
10.1 Permanent Relocation — General. The City may by written
order require Grantee to move any facility in the right of way. If the relocation is
the result of a public project, Grantee shall be responsible for the costs of
relocation. If the relocation is required to accommodate an individual
development, Grantee shall have the right to seek reimbursement from the
developer. In no event shall the City be responsible for the costs of relocation of
any of Grantee's facilities.
10.2 Notice. The notice required by Subjection 10.1 of this
Section shall be in writing and shall be provided at least 90 days before the date
that Grantee is required to move its facilities. The City will endeavor to provide
as much notice as possible. The notice shall specify that date by which the
existing facilities must be removed. Nothing in this provision shall prevent the
City and Grantee from agreeing, either before or after notice is provided, to a
schedule for relocation. In the event that Grantee fails to comply with a notice to
relocate and the City and Grantee have not reached agreement on a schedule
for relocation, the City may remove Grantee's facilities that were the subject of
the relocation notice at Grantee's expense. All personnel or contractors
employed by the City to relocate Grantee's facilities shall be qualified to perform
the work.
10.3 Location for Relocated Facilities. The City shall provide
Grantee with a suitable location in existing right of way for all facilities required to
be relocated.
11. City Public Works and Improvements. Nothing in this agreement
shall be construed in any way to prevent the City from excavating, grading,
paving, planking, repairing, widening, altering, or doing any work that may be
needed or convenient in any right of way. The City shall coordinate any such
work with Grantee to avoid, to the extent reasonably foreseeable, any
obstruction, injury or restrictions on the use of any of Grantee's facilities.
12. Notice. Any notice under or relating to this agreement shall be
sent by first class mail or delivered by hand to the following addresses:
IF TO CITY:
Finance Director
City of Central Point
140S.3 rd Street
Central Point, Oregon 97502
6- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 57
IF TO GRANTEE:
Rogue Valley Sanitary Sewer
13. Repair. Grantee shall at all times maintain all of its sanitary sewer
facilities in a good state of repair. Motorized vehicles shall not be allowed on any
public bicycle paths and landscaped areas, except when necessary to install,
remove or repair Grantee's facilities. Except in an emergency, permission shall
be obtained from the City Public Works Department before using motorized
vehicles on any public bicycle paths and landscaped areas. Any damage to any
public way or landscaped areas caused by Grantee shall be repaired by Grantee
at no cost to the City. Grantee shall have a local representative available at all
times through the Rogue Basin Utilities Coordinating Council to locate Grantee's
facilities for persons who need to excavate in the public way.
14. Vacation of Right of Way. Whenever the City vacates any right of
way for the convenience or benefit of any person or government agency or
instrumentally, Grantee's rights under this agreement shall be preserved as to
any of its facilities then existing in the right of way if reasonably practicable. To
the extent Grantee's rights in the right of way cannot be preserved, City shall
attempt to provide an acceptable alternative right of way for the location of
Grantee's facilities. If the City is unable to provide an acceptable alternative
location, Grantee may be responsible for purchasing an easement for its use
outside existing City right of way. If Grantee's facilities must be relocated from a
vacated right of way, the petitioners of such vacation, unless in support of a
public project, shall bear the costs of relocating the facilities. Upon receipt of a
notice of a petition for vacation, Grantee shall as soon as practicable investigate
and advise the City and petitioners in writing whether the facilities must be
relocated, the estimated costs of relocation and the time needed for this
relocation.
15. City's Right to Use Grantee's Facilities. Grantee shall permit
City, without charge, to run wires or place equipment in Grantee's trenches for
municipal purposes. The City shall indemnify and hold Grantee harmless from
loss or damage resulting from the City's wires and equipment.
16. Scope of Right Granted. This agreement grants Grantee the right
to place sanitary sewer facilities and related facilities in the right of way and to
operate those facilities. It does not give Grantee the right to place other
resources or facilities in the right of way.
17. City's Written Consent Required for Assignment, Transfer,
Merger, Lease or Mortgage. Grantee shall not sell or assign this franchise to
7- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 58
an entity that is not authorized by ORS Ch. 450 to provide service as a sanitary
sewer district.
17.1 Grantee and the proposed assignee or transferee of the
grant or system shall provide and certify the following information to the City not
less than 120 days prior to the proposed date of transfer:
17.1.1 Complete information setting forth the nature, terms
and condition of the proposed transfer or assignment;
17.1.2 That the transferee is authorized to provide such
service under ORS Ch. 450; and
17.1.3 Any other information reasonably required by the
City
17.2 No transfer shall be approved unless the assignee or
transferee has the legal, technical, financial and other requisite qualifications to
own, hold and operate the sanitary sewer system pursuant to ORS Ch. 450.
17.3 Grantee shall reimburse the City for all direct and indirect
fees, costs, and expenses reasonably incurred by the City in considering a
request to transfer or assign a franchise.
17.4 Any transfer or assignment of their system without prior
approval of the City under this section shall be void and is cause for revocation of
the franchise.
18. Termination.
18.1 By City. The City may terminate this agreement upon one
year's written notice to Grantee in the event that the City decides to provide
sanitary sewer service to customers throughout the City.
18.2 By City for Nonpayment. This franchise may be terminated
by the City at any time upon 30 days written notice for failure to comply with the
other provisions of this agreement or the Municipal Code of Central Point, unless
such failure is remedied within the 30 -day period.
19. Removal of Facilities. If this agreement is terminated or expires
on its own terms and is not replaced by a new franchise agreement or similar
authorization, Grantee shall remove the facilities pursuant to ORS 221.470,
provided, however, that Grantee and City may agree in writing to some other
disposition of the facilities.
20. Hold Harmless. Grantee shall indemnify and hold harmless the
City, its public officials and employees against any and all claims, damages,
8- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 59
costs and expenses to which they may be subjected as a result of any action by
Grantee under this agreement or otherwise arising from the rights and privileges
granted by this agreement. This indemnity does not extend to claims that arise
primarily from the City's own negligence or fault.
21. Miscellaneous Provisions.
21.1 Both Grantee and the City shall comply with all applicable
federal and state laws. Grantee shall comply with all applicable City ordinances,
resolutions, rules and regulations adopted or established pursuant to the City's
lawful authority.
21.2 If any section, provision or clause of this franchise is held by
a court of competent jurisdiction to be invalid or unenforceable, or is preempted
by federal or state laws or regulations, the remainder of this franchise shall not
be affected, unless the city council determines such section, provision, or clause
was material to the City's agreement to issue a franchise to Grantee.
21.3 The City Manager is authorized to act for the City in all
matters pertaining to this agreement. Grantee may appeal any action of the City
Manager to the City Council by giving written notice thereof within 21 days after
Grantee was notified of such action. The City Council will hear the appeal and
render a final decision within 30 days after the notice of appeal is given. Grantee
shall not be relieved of its obligations to comply with any of the provisions of this
franchise by reason of any failure of the City to enforce prompt compliance, nor
does the City waive or limit any of its rights under this franchise by reason of
such failure or neglect.
21.4 Any litigation between the City and Grantee arising under or
regarding this franchise shall occur, if in the state courts, in the Jackson County
Circuit Court, and if in the federal courts, in the United States District Court for
the District of Oregon.
21.5 Whenever any notice is given pursuant to this ordinance, it
shall be effective on the date it is sent in writing by registered or certified mail,
addressed as follows:
To the City:
City Manager
City of Central Point
140 S. Third St.,
Central Point, OR 97502
To the Grantee:
Rogue Valley Sanitary Sewer
Notice of change of address may be given in the same manner as any other
notice.
9- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 60
21.6 In any situation in which the City is found legally liable to
Grantee for damage to Grantee's facilities, the City's liability shall be limited to
the cost of repair or replacement of damaged facilities, whichever is less. The
City shall not be liable to Grantee for lost revenue, lost profits, incidental or
consequential damages or claims of third parties arising from damage to
Grantee's facilities. Grantee covenants that it will not assert any claim against
the City for any liability, loss, or damage excluded under this section.
22. Other Authority Superseded. Upon effectiveness of this
franchise, any and all authority to operate previously granted to Grantee by the
City shall be superseded by this franchise.
23. Third -Party Beneficiaries. Nothing in this agreement shall be
constructed or applied to create rights in or grant remedies to any third party as a
beneficiary of this agreement or any duty or obligation established in this
agreement.
24. Representations and Warranties. Each of the parties to this
agreement represents and warrants that it has the full right, power, legal
capacity, and authority to enter into and perform the parties' respective
obligations hereunder and that such obligations shall be binding upon such party
without the requirement of the approval or consent of any other person or entity
in connection herewith.
25. Definitions.
25.1 "Facility" includes any equipment, and other property
necessary or convenient to the supply of sanitary sewer owned or operated by
Grantee within the City.
25.2 "Right of Way" means any right of way or public utility
easement within the City and under City ownership, control or administration.
"Right of Way" does not include any state highway or county road.
25.3 "Install" means to erect, construct, build or place.
25.4 "Gross revenue" includes any and all revenue earned by
Grantee within the City from the sale of sanitary sewer services after adjustment
for the net write-off of uncollectible accounts. Gross revenue shall also include
revenue from the use, rental or lease of Grantee's operating facilities. Gross
revenues shall not include proceeds from the sale of bonds, mortgages, or other
evidence of indebtedness, securities, or stocks, sales at wholesale to a sanitary
sewer districted when the district purchasing the service is not the ultimate
consumer, or revenue paid directly by the United States of America or any of its
agencies.
10 - CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 61
CITY OF CENTRAL POINT
By:
Its:
ROGUE VALLEY SANITARY SEWER
By:
Its:
Return to Agenda
11- CITY OF CENTRAL POINT SANITARY SEWER FRANCHISE AGREEMENT
WITH ROGUE VALLEY SANITARY SEWER
CAP102314 Page 62
Sections:
Chapter 14.07
VIOLATIONS
Acts constituting violations.
Notice of violation.
Failure to correct violation.
Injunctive relief.
Civil penalties.
Criminal prosecution.
Restoration of service.
Change of ownership or occupancy.
Cost recovery.
Appeals.
Conflict.
Severability.
14.07.010 Acts constituting violations.
A violation shall be considered to have occurred when any requirement of this title has not been met; when a
written request of the manager/plant superintendent, made under the authority of this title, is not met within the
specified time; when a condition of a permit or contract issued under the authority of this title is not met within
the specified time; when effluent limitations are exceeded, regardless of intent or accident; or when false
information has been provided by the discharger. (Ord. 1676(part), 1992).
14.07.020 Notice of violation.
Upon determination by the plant superintendent that a violation has occurred or is occurring, the manager/plant
superintendent may issue a notice of violation to the discharger which outlines the violation and the potential
liability as well as any proposed enforcement actions. The notice may further require correction of the violation
within a specified period of time, and may require written confirmation of the correction and a description of the
efforts made to correct the violation. The notice shall be personally delivered to the user's premises or be sent
by certified mail. In an emergency, notice may be given orally, but shall be confirmed in writing at the earliest
practical time. Notice by mail is presumed to be received by the addressee on the third day after mailing. (Ord.
1676(part), 1992).
CAP102314 Page 63
14.07.030 Failure to correct violation.
A. Whenever an industrial user continues to violate the provisions of the title, permits or orders issued
hereunder, or any other pretreatment requirement, the manager/plant superintendent may initiate monetary
penalties, grant extensions for correction of the violation, halt or prevent the discharge of the pollutants, or
terminate the discharge. Such other action as may be appropriate for legal and/or equitable relief may also be
sought by the manager/plant superintendent including, but not limited to, civil or criminal actions.
B. In the event a user shall fail to correct any violation within the time specified by the manager/plant
superintendent, the manager/plant superintendent may initiate monetary penalties. The penalties may be
initiated with or without the initiation of judicial proceedings.
C. When in the opinion of the manager/plant superintendent, it is necessary to initiate monetary penalties, the
following shall apply:
1. For the first, second, third, and fourth calendar months a violation continues beyond the time limit
provided for correction thereof, the user shall be assessed the graduated penalties listed below. Any
violation occurrence within the calendar month is considered a continuing violation.
a. First calendar month beyond the time limit for correction, a total of the following applicable
amounts:
i. Volume, one dollar per one thousand gallons in excess of the established permit limitations,
plus
ii. BOD and/or SS, ten cents per pound of BOD and/or suspended solids in excess of the
established permit limitations, plus
iii. pH, ten dollars per occurrence per increment less than a pH of 5.5 or greater than a pH of
10.0 for any excursion that exceeds ten minutes' duration in any sixty -minute period, plus
iv. Late reports, twenty-five dollars, plus
v. Constituents, standard penalty, three hundred dollars per constituent per day that exceeds
the daily maximum permit discharge limitation.
b. Second calendar month beyond the time limit for correction, a total of the following applicable
amounts:
CAP102314 Page 64
i. Volume, two dollars per one thousand gallons in excess of the established permit
limitations, plus
ii. BOD and/or SS, twenty cents per pound of BOD and/or suspended solids in excess of the
established permit limitation, plus
iii. pH, twenty dollars per occurrence per increment less than a pH of 5.5 or greater than a pH
of 10.0 for any excursion that exceeds ten minutes' duration in any sixty -minute period, plus
iv. Late reports, fifty dollars, plus,
v. Constituents, standard penalty, six hundred dollars per constituent per day that exceeds
the daily maximum permit discharge limitation.
c. Third calendar month beyond the time limit for correction, a total of the following applicable
amounts:
i. Volume, four dollars per one thousand gallons in excess of the established permit
limitations, plus
ii. BOD and/or SS, forty cents per pound of BOD and/or suspended solids in excess of the
established permit limitation, plus
iii, pH, forty dollars per occurrence per increment less than a pH of 5.5 or greater than a pH
of 10.0 for any excursion that exceeds ten minutes, duration in any sixty -minute period, plus
iv. Late Reports, one hundred dollars, plus
v. Constituents, standard penalty, one thousand two hundred dollars per constituent per day
that exceeds the daily maximum permit discharge limitation.
d. Fourth calendar month beyond the time limit for correction, two thousand four hundred dollars
per day for any violation condition;
2. Penalties for pH shall be assessed in accordance with the following increments:
a. First increment, 4.5 to 5.5 or 11.0 to 10.0,
b. Second increment, 3.5 to 4.5 or 12.0 to 11.0,
CAP102314 Page 65
c. Third increment, less than 3.5 or greater than 12.0;
3. For situations where permit limitations have not been established for BOD or SS, the penalty may he
assessed per pound of BOD and/or suspended solids in excess of sixty pounds in any one day;
4. For situations where permit limitations have not been established for constituents, the penalty may he
assessed for values that exceed requirements established in this title;
5. For situations where constituent violations are excessive, the following shall apply:
a. Penalties for constituents may he assessed at two times the standard penalty per constituent
per day that exceeded the daily maximum permit discharge limitation by two times the daily
maximum value but less than three times the daily maximum value.
h. Penalties for constituents may he assessed at three times the standard penalty per constituent
per day that exceeded the daily maximum permit discharge limitation by three times or more the
daily maximum limitation value;
6. The continuation of a violation beyond the time limit provided for correction thereof shall he deemed a
separate offense for each day in which any such violation shall occur;
7. Fines and penalties resulting from failure to correct violations within the time specified by the
manager/plant superintendent are due and payable by the user within fourteen days after receipt of
billing. Fines collected shall go into the trust fund for operation and maintenance of the treatment plant.
D. If in the opinion of the plant superintendent conditions warrant and the violation situations are not
determined to he emergencies, an extension may he granted to allow additional time to correct the violation.
Violation extensions are granted at the discretion of the plant superintendent and may he revoked if any of the
violation extension conditions are not met. The following requirements shall he met for any violation extension:
1. Immediate reduction of pollutant parameters to reasonable levels (levels determined by the plant
superintendent);
2. No later than thirty days after notification of extension, the user shall furnish a schedule developed by
a qualified professional engineer of process control and/or equipment modifications that will achieve
consistent compliance with established requirements. Provide a thorough evaluation performed by a
qualified professional engineer showing wastewater treatment capabilities relative to current and
CAP102314 Page 66
anticipated future loads, include schematic flow diagrams for each major wastewater generating activity,
and a complete description of corrective measures planned to achieve consistent compliance with
established requirements. The schedule and evaluation shall be submitted to the plant superintendent
for review and approval prior to implementation;
3. No later than forty-five days after notification of extension, the user shall begin implementation of
approved engineer's recommendations;
4. No later than ninety days after notification of extension, the user shall complete all corrective
measures.
E. With or without the initiation of judicial proceedings, the manager/plant superintendent may halt or prevent
any discharge of pollutants into the sewer system and may physically terminate a discharge into the sewer
system when:
1. The user has failed to correct any violation within the time specified by the plant superintendent in the
notice of violation or the notification of extension;
2. The user has failed to pay costs or penalties within the time specified which he has been required to
pay in accordance with the requirements of this title;
3. A violation creates an emergency situation; an 'emergency situation' is defined as a situation in
which, in the opinion of the plant superintendent, action must be taken as rapidly as possible in order to
prevent or reduce a present or potential danger or hazard to the environment, the sewer system, or any
person or property. Includes any situation that reasonably appears to present an imminent
endangerment to the health or welfare of persons.
F. A notice of termination shall be provided to the discharger prior to physically terminating the discharge:
1. In situations that are determined by the plant superintendent not to be emergencies, the notice of
termination shall be in writing and shall contain the reasons for the termination, the effective date, and
notice of the opportunity for an informal hearing before the plant superintendent at least ten days before
the effective termination date. The notice shall be personally delivered or sent by certified mail to the
business address of the user at least thirty days prior to the effective termination date;
2. In situations that are determined by the plant superintendent to be emergencies, the initial notice of
termination may be oral or written and the termination of the discharge may be immediate:
CAP102314 Page 67
a. If oral notice is given, it shall be given to the authorized representative of the user personally or
by telephone and shall be followed within two working days by written notice that is mailed or
delivered to the business address of the user. If the authorized representative cannot be reached,
oral notice may be given to a person who is apparently in charge of the user's office or facility. The
effective date of the termination in emergency situations may be immediately after oral or written
notice has been given as required in this paragraph;
b. The emergency notice of termination shall inform the user of the opportunity for an informal
hearing before the plant superintendent at the earliest practical date. (Ord. 1676 (part), 1992),
14.07.040 Injunctive relief.
Whenever an industrial user has violated or continues to violate the provisions of this title, permits or orders
issued hereunder, or any other pretreatment requirements, the manager/plant superintendent may petition a
court of competent jurisdiction for the issuance of a temporary or permanent injunction, as may be appropriate,
which restrains or compels the specific performance of the wastewater permit, order, or other requirement
imposed by this title on activities of the industrial user. Such other action as may be appropriate for legal and/or
equitable relief may also be sought by the manager/plant superintendent. The court shall grant an injunction
without requiring a showing of a lack of an adequate remedy at law. (Ord. 1676(part), 1992).
14.07.050 Civil
Any industrial user which has violated or continues to violate this title, any order or permit hereunder, or any
other pretreatment requirement shall be liable to the manager/plant superintendent for a maximum civil penalty
of one thousand dollars per violation per day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each business day during the period of this violation, the following shall also
apply:
A. The manager/plant superintendent may recover reasonable attorney's fees, court costs, and other expenses
associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any
actual damages incurred;
B. In determining the amount of civil liability, the court shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any
economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the
compliance history of the user, and any other factors as justice requires;
CAP102314 Page 68
C. Where appropriate, the manager/plant superintendent may accept mitigation projects in lieu of the payment
of civil penalties where the project provides a valuable service and the industrial user's expense in undertaking
the project is at least one hundred and fifty percent of the civil penalty. (Ord. 1676(part), 1992).
14.07.060 Criminal prosecution.
A. Any industrial user who willfully or negligently violates any provisions of this title, any orders or permits
issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of not more than one thousand dollars per violation per day or imprisonment for not more
than one year or both.
B. Any industrial user who knowingly makes any false statement, representations, or certifications in any
application, record, report, plan or other documentation filed or required to be maintained pursuant to this title,
or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or
method required under this title shall, upon conviction, be punished by a fine of not more than one thousand
dollars per violation per day or imprisonment for not more than one year or both. (Ord. 1676(part), 1992).
14.07.070 Restoration of service.
Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration
shall have been paid or mutually agreed upon terms concluded and the cause for discontinuance of service
corrected. (Ord. 1676(part), 1992).
14.07.080 Change of ownership or occupancy.
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating
assessed penalties. (Ord. 1676(part), 1992)
14.07.090 Cost recovery_
......................... .
A. The manager/plant superintendent may recover all verifiable costs resulting from a discharge not in
compliance with this title, including, but not limited to, the repairing of damages to the sewer system, additional
treatment costs, additional maintenance costs, and the paying of fines and penalties assessed the treatment
plant by regulatory agencies. The costs may be in addition to any fines and penalties assessed the user in
other sections.
B. Notice of intent to recover shall be by letter to the discharger, sent by certified mail, which states the specific
violation, the penalties and damages sustained by the sewer system, the costs of those damages and
penalfies, and the costs determined as attributable to the discharge and, therefore, billed to the user.
CAP102314 Page 69
C. The recovery costs are due and payable by the user within thirty days after the notice is sent. (Ord.
1676(part), 1992).
14.07.100 Appeals.
A final decision by the plant superintendent to adopt a rule establishing or modifying technically based local
limits may be appealed by anyjurisdicfional participant or any industrial waste discharger. A final decision by
the plant superintendent concerning the issuance, denial or modification of an industrial waste discharge
permit, concerning an alleged violation of this title or penalty therefor, or concerning a service charge for
industrial waste may be appealed by the waste discharger affected by such action. Such decisions may be
appealed to the regional committee by mailing a written notice of appeal to the plant superintendent not later
than twenty-one days after the effective date of the decision or twenty-one days after the notice was mailed or
otherwise given to the person, whichever is later. All appeals shall be first considered by the technical advisory
group which shall make a recommendation to the regional committee. The matter shall be decided by the
regional committee within sixty days after receipt of the notice of appeal. The decision of the regional
committee on the appeal shall be final and binding. (Ord. 1676(part), 1992).
14.07.110 Conflict.
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this title are
hereby repealed to the extent of such inconsistency or conflict. (Ord. 1676(part), 1992).
14.07.120 Severability.
If any provisions of this title are invalidated by any court of competent jurisdiction, the remaining provisions
shall not be affected and shall confinue in full force and effect. (Ord. 1676(part), 1992).
Return to Agenda
CAP102314 Page 70
Discussion
Calvary Temple
CAP102314 Page 71
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3" Street Central Point, OR 97502 (S41) 664-7602 www.centra l gointoregon.gov
STAFF REPORT
October 23rtl, 2014
AGENDA ITEM: Discussion of issues surrounding the Calvary Temple Church's operation
of an annual warming shelter/facility located at 513 E. Pine Street.
STAFF SOURCE:
Chris Clayton, City Manager
Tom Humphrey, Community Development Director
BACKGROUND/SYNOPSIS:
For the past few winters, the Calvary Temple Church has operated a warming facility when
overnight temperatures consistently fell below thirty-two degrees (generally December, January
and February). Initially, the church requested (see attached correspondence from Phil Messina) that
the warming station be offered for periods of no more than 4 hours while making transportation to a
regional shelter facility available upon request. Unfortunately, this four hour warming assistance
has progressed into a full-service shelter facility. While the City of Central Point understands and
supports the concept of assisting those in need of such services, concerns have been raised by city
staff and local business owners operating in the downtown business core who have felt the negative
impacts associated with this facility. Council consideration, and direction, is being sought prior to
the warming shelter opening for the 2014/2015 winter season.
In previous years, city staff has sent written correspondence and met with the church administration
to discuss issues surrounding the warming center. These conversations/correspondence have been
directed at making the facility compliant with fire, life and safety regulations, minimizing impacts
associated with the warming shelter for adjacent business owners, and offering guidance from the
Central Point Police Department on dealing with disorderly behavior/attendees. While the church
administrators have been adamant in their desire to offer warming shelter services, and they have
made consistent efforts to make the facility a safe and regulated environment, it is the opinion of
city staff that enforcing the policies and procedures necessary to offer such an environment takes
considerable resources and professional staff with extensive training.
Concerns about the warming station have been communicated to church leadership in the past (see
attached correspondence), but many of the issues remain unresolved.
In addition to the concerns listed above, the City has been reluctant to allow this operation to
continue because of direct conflicts with the land -use zoning associated with 513 E. Pine Street.
ZONING INFORMATION
The Calvary Temple Church is located in the TOD Employment Commercial (EC) zone. The EC
zone does not permit the development of any structures or facilities dedicated to religious assembly.
CAP102314 Page 72
However, because the church existed prior to the creation of this zoning criteria, the Calvary
Temple Church currently operates as a pre-existing legal non -conforming use.
Some legal non -conforming uses are permitted to expand, remodel, or otherwise be physically or
structurally improved, provided such improvements are in accordance with all applicable codes in
effect at the time ol'the improvements. The Church has exercised this privilege over the years to
keep its building safe and facilities up to date. However, expansion of `uses' other than those for
religious assembly are not permitted as part of the church's legal non -conforming status.
PUBLIC SAFETY CONCERNS
During the 2013/2014 winter season the Central Point Police Department was contacted fifteen
times for issues directly associated with the warning shelter. Additional calls were received for
disturbances related to persons traveling to and from the warning shelter facility. The majority of
these calls involved acts of disorderly conduct. These included, but were not limited to: public
urination, public defecation, public drunkenness and disturbing the peace.
As a matter of policy, the Central Point Police Department will transport anyone needing medical
or shelter assistance to a regionally designated facility. In the opinion of City Administration, the
warning shelter has become a destination for those seeking a less regulated environment. Other
regional facilities have strict guidelines regarding behavior and inebriation. Without adequately
trained staff, the Calvary Temple Church has difficulty in enforcing regulations of this nature. The
product of less stringent regulations has allowed warming shelter attendees to become a disruption
to the downtown business district.
ATTACHMENTS:
I. Correspondence received from local business owner regarding the Calvary Temple Church
warming shelter.
2. Past correspondence between the City of Central Point and Calvary Temple Church.
3. Employment Commercial (EC) zoning code.
RECOMMENDATION:
I. Direct the City Manager & City Attorney to draft a letter to the Calvary Temple Church
outlining the need to discontinue further operation of the warming shelter.
2. Direct the City Manager to allow the Calvary Temple to continue operation of the warming
shelter.
PUBLIC HEARING REQUIRED:
No Public Comment can be accepted on this discussion item, but no public hearing is required.
SUGGESTED MOTION:
I move to direct staff per recommendation # as described above.
Return to Agenda
CAP102314 Page 73
Mr. Chris Clayton, City Manager
140 South 3erd Street
Central Point, Or. 97502
Dear Mr. Clayton,
When the warming station opened up at Calvary Temple Church I had
several problems with it. I wrote a letter and spoke to the City
manager Phil Messina who told me the shelter was on a temporary
permit and the church was not zoned or set up for these types of
services. I was told for the warming station to continue they would
have to request to be rezoned. To my knowledge this has not
happened. It is my understanding that other complaints besides mine
have been lodged with the police department regarding the tenants of
the warming station. I was told to call the police when I had a problem.
I have called numerous times and nothing seems to happen... No tickets
were issued just a "warning". I was also told the warming station was
for Central Point residents who were in distress. However, clients don't
appear to be Central Point residents.
January 1" 2014. 1 pulled into my driveway and I saw a man sitting,
leaning against a building facing the street wearing black covered from
head to toe. He had a hoody over his head and the only thing exposed
was his hand and his penis. I sat in my car as he finished peeing into
the street and on himself and I called the police. When I walked to my
studio that man stared me down. When the police arrived and talked
with this man he man was yelling belligerently at me "she's the one
who called the police!" The officer stated "no, it was someone driving
CAP102314 Page 74
by" No ticket was issued and he was told to move on. When the officer
called he told me that this man was rude and combative and never to
approach him, he has an extensive record.
I asked about another man that I see often. The officer told me not to
approach him, "his brain is fried from drugs and he also has a record
including armed robbery' they have had several bad encounters with
him as well. Both men frequent the warming shelter, neither are
Central Point residents.
January 10th... I locked myself out of the back gate and had to walked
between my property and the bank. The man that was caught peeing in
the street saw me walking and stared me down .... He was leaving the
warming station at 9am. He stood and watched me from the back all
the way to the front.... others walked around him while he stood not
moving and staring. I glanced up 4 times to see him watching me...
Since that time other dynamics have changed. Men or "dumpster
divers" would intentionally walk by when they see me outside... Now
they look at me, ignore me and go straight to the dumpster. I don't call
the city because nothing happens and these men know it.
My sister in law told me that when she left the buisness one evening
there was a man screaming at the front of the property "I'm going to
kill you" screaming over and over again, she called her husband to
assist her to her car...
Overturned trash, fights, pan handling at residences and businesses,
urination in public, stealing at outside outlets are a few of the things we
witness.
CAP102314 Page 75
Is this what Central Point wants to host? I have no sympathy for any of
these actions. None. Nor do I want these types of people in my town or
next to my home, my business or my family.
If Central Point truly wants to have a space for OUR citizens who are in
distress then I support that in a place zoned and set up for it. I don't
support a church that opens with loose rules and enables people who
don't care about our town or the other citizens.
The issued that I have recalled include improper zoning, ineffective
monitoring, abuse of privilege and the threat to the neighborhood and
individual safety.
I am asking this warming station not to be open this year. I am asking
for tickets to be issued for whoever is breaking the laws.
Please contact me and let me know what is decided.
Sincerely,
Shannon Payne 541-210-2993
CAP102314 Page 76
Calvary Temple 'Worship Center
TO Box3876 �_ q
Centra(Point, OP,97502
541-664-3226 (Church)
541-664-3306 (Office
CQIva?' %nnpfe ` arship Cf""'
Greetings!
It is the time of year when winter weather sets in and once ngain, CTWC will be opening our doors to
those who are in need of a warm place to come out of the elements.
With the research that we were provided by the American Red Cross and with talking to various program
directors within our community, we devised a warming station that could be used by the community
regardless of race, color, gender, church affiliation, indigents, etc. and since our church doors were open
for various outreach programs inviting a few more into our evening programs was unanimously accepted
by our congregation.
Calvary Outreach Warming Station would be open to
general public between the months of December - March on Sunday - Thursday from 9pm-Sam.
Using a guideline when temperatures generaly reach the 32 -degree mark the Warming Station WILL BE
ADVERTISED AS OPEN during the above months. We will ALERT the public with signage out in front
of Calvary Temple that the Warming Station is OPEN. The sign will read
"Warming Station" with an "Open" sign. We will also monitor the weather with updated weather
reports. If there is rain, snow, sleet or cold winds in the weather report, the Warming Station, as our
general church outreach, will have the doors open but it will not be an advertised day.
Attached is our Mission Statement, along with the rules, regulations and senices provided. It is and has
always been our desire to be a partner in serving our community and we are more than willing to work
together through any diff-iculties that may occur.
We are not a shelter but we are a people that are equipped to provide those who are in need a warm, safe
atmosphere, a meal and we are pleased to say that this year a hot shower.
AB are welcome here at Calvary Temple and we have seen many positive results from our past through
the Warming Sts don. It is our desire and goal to once again be of service to others.
Sincerelv,
Rev. Marilynn Tucker
Sr. Pastor
CAP102314 Page 77
CALVARY OUTREACH WARMING STATION
MISSION STATEMENT
OUR VISION:
To provide a warm, safe location during the cold winter months for people
of all ages, gender, homeless, stranded travelers and/or residents of Jackson
County who may find themselves displaced or without a source of heat.
OUR MISSION:
To help ANYONE who walks through the doors of Calvary Outreach
Warming Station with gifts of clothing, toiletries, sleeping bags, tents, first-
aid supplies, dog/cat food, informational services and a hot meal, all in a
warm, safe atmosphere which will provide fellowship, support,
encouragement and if requested, prayer.
OUR GOAL:
To partner with local churches and agencies to maximize services to those
in need and to draw attention and awareness to these needs within our
community.
WARMING STATION SERVICES PROVIDED
d' A warm & safe environment where one can come in out of the winter
elements
ai Dinner, coffee, hot chocolate, snacks
C Pet food and supplies (collars, leaches, etc., when available)
t, Blankets, sleeping bags, tents, pillows
t Clothing, toiletries, coats
C Restrooms
Movies and games
Prayer, if requested
I Compassion, understanding and meaning to each person who enters
the doors
WARMING STATION DAY/HOUR Or SERVICE
SUNDAY -THURSDAY 9PM -8AM
The Warming Station will open during the winter months of October -March,
the coldest and wettest months in Southern Oregon, which has proved to
exhibit dangerous temperatures and wet elements that could and have caused
harm to ones health, including death.
CAP102314 Page 78
WARMING STATION RULES AND REGULATIONS
Note: The Warming Station is not a refuge for drunks and drug abusers. Our mission
is to HELP those in need that want and deserve help from their community. ALL
guests who request the help of our Warming Station -DUST follow the rules and
regulations of the facility or they will be asked to leave and not return. ANY guest who
acts as if they are under the influence (alcohol or drugs) will not be allowed into the
Warming Station.
RULES:
V No drugs, alcohol or weapons are allowed in or on the property
All guest MUST comply. Any violations of this rule will result in the guest being
banned from the facilities.
It All guests must sign in upon entry and read/sign the rules and
regulations set forth by Calvary Outreach Warming Station
® No violence, fighting, swearing or verbal confrontations of any kind are
allowed at or on the site of the Warming Station. If a fight breaks out or
verbal confrontation takes place, the Central Point Police will be called
to intervene.
Anyone under the age of 18 is not permitted without the permission of a
parent or guardian. The Central Point Police will be notified as
mandated by law.
•€. No loitering is permitted on properties of Calvary Temple or properties
surrounding the Warming Station. Guests are recommended to NOT
loiter in the downtown business district to avoidpotential problems with
the City.
* No smoking in. the Warming Station. A designated smoking areais set-up
and all guest are required to place cigarette butts inside the cons
provided. Failure to comply will result in removal from facilities.
* All guests must be polite and courteous to one another; must ciean up
after themselves; help when and where needed and comply with all rules
and regulations set forth by Calvary Outreach Warming Station
CAP102314 Page 79
City of Central Point, Oregon
140 So. Third St., Central Point, Or 97502
541.664.3321 Fax 541.664.6384
www.ci.central-pointo r.0 s
November 23, 2010
Pastor Marilyn Tucker
Calvary Temple
513 E Pine Street
Central Point OR
97502
Re: Warming Shelter
Dear Pastor Tucker:
.A
CENTRAL
POINT
Administrator's Office
Phil Messina, City Administrator
Deanna Gregory, City Recorder
Thank you for your timely phone call yesterday. I appreciate you reaching out to discuss the Church's
plans for a warming shelter. We understand your mission to assist the homeless and needy in and around
our community and we applaud your efforts. As we discussed we hope that there will not be a repeat of
the problems the neighborhood and the downtown experienced last year.
Per our conversation, the Church will give visitors four hours to warm up and avail themselves of some
other activities which you will offer. You asked if you could call on the Police if there were any
problems with the visitors. Absolutely, and in addition the Police will transport anyone requesting a ride
to one of the certified overnight shelters in Medford. We encourage you to develop a network with the
overnight shelters and to make your visitors aware of the difference between your program and theirs.
You also asked about medical calls. Do not hesitate to call 911 and request EMS service if you feel it is
needed.
1 hope the Church's warming shelter is a success and I hope we can continue to work together towards
that end.
Sincerely,
Phil Messina
City Administrator
CAP102314 Page 80
Pastor
Calvary Tcmple
513 E Pine Street
Central Point, Oregon 97502
Dear Pastor
Calvary Temple graciously volunteered to provide a Community Warming Station at its church
location at 513 E Pine Street here in Central Point. City Hall has followed the development of
this `mission' with great interest since December when it opened. We commend the church for
its hospitality and its honorable intentions. Regretfully, the City has started receiving letters of
complaint from residents in the immediate vicinity of the church. These complaints are being
raised with the City Council, the Police Department and the Planning Department.
Letters state that there have been occasions where the homeless people you're serving have
wandered into resident's homes unannounced, gone through garbage and vandalized property.
There has also been a noticeable increase in the number of people loitering in the Downtown
(sleeping on benches, hanging out at building entrances, etc) which creates an adverse affect on
our local businesses whether this is actual or perceived.
This increase in activity leads the City to believe that the Warming Station is turning into more
than it was either intended or advertised to be. Hours appear to have been extended beyond
periods when temperatures dip to 32 degrees or below. A sign posted outside the church states
that the "Calvary Outreach Warming Station" operates from Sunday - Thursday night from 8 PM
on, regardless of the weather.
Up until now the City has chosen not to insist that local zoning laws be adhered to in the spirit of
your outreach to the homeless community during extreme weather conditions. However, when
weather conditions are not extreme and people who live in our community and run businesses
here begin to feel intimidated, it is time to reevaluate the outreach and start enforcing some rules.
Unless Calvary Temple limits its activity to that of an emergency warming center as defined by
the American Red Cross, the city will have no other alternative but to prohibit the use of your
building to those activities associated with a church as defined in our municipal code.
As an alternative, may we suggest that Calvary Temple consider organizing a shuttle service to
transport homeless people, looking for more traditional shelters, to one of the five locations that
are listed in an enclosure. Any one of the five centers listed is set up to meet the needs of people
beyond what would be considered an emergency.
You are welcome to contact me at City Hall should you need further assistance or clarification.
m
Sincerely,
c
m
m
Phil Messina, City Administrator Q
0
c
m
K
CAP102314 Page 81
Chapter 17.65 TOD DISTRICTS AND CORRIDORS
Chapter 17.65
TOD DISTRICTS AND CORRIDORS
Sections:
1765.010
Purpose.
17.65.020
Area of application.
17.65.025
Special conditions.
17.65.030
Conflict with other regulations.
17.65.040
Land use--TOD district.
17.65.050
Zoning regulations--TOD district.
17.65.060
Land use—TOD corridor.
17.65.070
Zoning regulations--TOD corridor.
17.65.010 Purpose.
Page I of 16
The purpose of the Central Point transit oriented development (TOD) district is to promote efficient
and sustainable land development and the increased use of transit as required by the Oregon
Transportation Planning Rule. (Ord. 1971 §4 (Exh. C) (part), 2013; Ord. 1815 §1 (part), Exh. Sloan),
2000).
17.65.020 Area of application.
These regulations apply to the Central Point TOD districts and corridors. The boundaries of TOD
districts and corridors are shown on the official city comprehensive plan and zoning maps.
A. A development application within a TOD district shall comply with the requirements of this chapter.
B. At the discretion of the applicant, a development application within a TOD corridor shall be subject
to:
1. The normal base zone requirements as identified on the official zoning map and contained in
this code; or
2. The TOD corridor requirements contained in this chapter. (Ord. 1971 §4 (Exh. C) (part), 2013,
Ord. 1815 §1 (part), Exh. B(part), 2000).
17.65.025 Special conditions.
On occasion it may be necessary to impose interim development restrictions on certain TOD districts
or corridors. Special conditions will be identified in this section for each TOD district or corridor.
A. Eastside Transit Oriented Development District (ETOD) Trip Caps. Development within the ETOD
shall be subject to the following schedule:
1. Development within the ETOD shall not cause the aggregated daily trips to exceed six
thousand one hundred ADT for the entire ETOD area. This trip cap shall be removed at such
time as the city amends the TSP to incorporate ODOT's IAMP 33 projects, including a financial
plan for interchange projects necessary to support the ETOD district; and
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 2 of 16
2. The planning director, or designee, shall maintain an accounting of all ADT for all proposed
development applications within the ETOD. Projects that will exceed the trip cap shall not be
approved.
B. Eastside Transit Oriented Development District (ETOD) Agricultural Mitigation. All development
shall acknowledge the presence of active farm uses within the ETOD area by recording a right -to -
farm disclosure statement as a condition of final plat, transfer of property, or site plan and
architectural review approval. The ETOD agricultural mitigation shall be removed at such time as the
urban growth boundary is incorporated and completely builds out.
C. Eastside Transit Oriented Development District (ETOD) Shallow Wells. Prior to development within
the ETOD, a water table analysis shall be conducted to determine the local water table depth. Any
development impacting the water table will require further analysis to determine the effect on
neighboring wells and the development shall be expected to mitigate that impact.
The ETOD agricultural and shallow wells mitigation shall be removed at such time as the urban
growth boundary is incorporated and completely builds out. (Ord. 1971 §4 (Exh. C) (part), 2013).
17.65.030 Conflict with other regulations.
When there is a conflict between the provisions of this chapter and other requirements of this title, the
provisions of this chapter shall govern. (Ord. 1971 §4 (Exh. C) (part), 2013; Ord. 1815 §1(part), Exh.
B(part), 2000).
17.65.040 Land use--TOD district
Four special zone district categories are applied in the Central Point TOD districts. The characteristics
of these zoning districts are summarized in subsections A through D of this section.
A. Residential (TOD).
1. LMR --Low Mix Residential. This is the lowest density residential zone in the district. Single-
family detached residences are intended to be the primary housing type; however, attached
single-family and lower density multifamily housing types are also allowed and encouraged.
2. MMR --Medium Mix Residential. This medium density residential zone focuses on higher
density forms of residential living. The range of housing types includes higher density single-
family and a variety of multifamily residences. Low impact commercial activities may also be
allowed.
3. HMR --High Mix Residential/Commercial. This is the highest density residential zone intended
to be near the center of the TOD district. High density forms of multifamily housing are
encouraged along with complementary ground floor commercial uses. Low impact commercial
activities may also be allowed. Low density residential uses are not permitted.
B. Employment (TOD).
1. EC—Employment Commercial. Retail, service, and office uses are primarily intended for this
district. Activities which are oriented and complementary to pedestrian travel and transit are
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 3 of 16
encouraged. Development is expected to support pedestrian access and transit use. Automobile
oriented activities are generally not included in the list of permitted uses, Residential uses above
ground floor commercial uses are also consistent with the purpose of this zone.
2. GC—General Commercial- Commercial and industrial uses are primarily intended for this
district. Activities which are oriented and complementary to pedestrian travel and transit are
encouraged. Residential uses above ground floor commercial uses are also consistent with the
purpose of this zone.
C. C --Civic (TOD). Civic uses such as government offices, schools, and community centers are the
primary uses intended in this district. These uses can play an important role in the vitality of the TOD
district.
D. OS --Open Space (TOD). Because the density of development will generally be higher than other
areas in the region, providing open space and recreation opportunities for the residents and
employees in the TOD district becomes very important. This zone is intended to provide a variety of
outdoor and recreation amenities. (Ord 1971 §4 (Exh. C) (part), 2013; Ord. 1867 §4(part), 2006; Ord.
1815 §1(pari Exh. B(part), 2000).
17.65.050 Zoning regulations--TOD district.
A. Permitted Uses. Permitted uses in Table 1 are shown with a "P." These uses are allowed if they
comply with the applicable provisions of this title. They are subject to the same application and review
process as other permitted uses identified in this title.
B. Limited Uses. Limited uses in Table 1 are shown with an "L." These uses are allowed if they
comply with the specific limitations described in this chapter and the applicable provisions of this title.
They are subject to the same application and review process as other permitted uses identified in this
title.
C. Conditional Uses. Conditional uses in Table 1 are shown with a "C.' These uses are allowed if they
comply with the applicable provisions of this title. They are subject to the same application and review
process as other conditional uses identified in this title.
D. Density. The allowable residential density and employment building floor area are specified in
Table 2.
E. Dimensional Standards. The dimensional standards for lot size, lot dimensions, building setbacks,
and building height are specified in Table 2.
F. Development Standards.
1. Housing Mix. The required housing mix for the TOD district is shown in Table 2.
2. Accessory Units. Accessory units are allowed as indicated in Table 1. Accessory units shall
meet the following standards.
a. A maximum of one accessory unit is permitted per lot;
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 4 of 16
b. The primary residence and/or the accessory unit on the lot must be owner -occupied;
c. An accessory unit shall have a maximum floor area of eight hundred square feet,
d. The applicable zoning standards in Table 2 shall be satisfied.
Table t
TOD District Land Uses
Use Categories Zoning Districts
LMR
MMR
HMR
EC
GC
C OS
Residential
Dwelling, Single -Family
Large and standard lot
Zero lot line, detached
P
P
L5
P
N
N
N
N
N
N
N
N
N
N
Attached now, houses
P
P
P
C
N
N
N
Dwelling, Multifamily
Multiplex, apartment
P
P
P
Li
L1
N
N
Accessory Units
P1
Pt
P1
C
N
N
N
Boarding/Rooming House
N
C
C
N
N
N
N
Family Care
Family day care
Day care group home
P
C
P
C
P
P
N
N
N
N
N
N
N
N
Adult day care
C
C
C
N
N
N
N
Home Occupation
P
P
P
P
N
N
N
Residential Facility
P
P
P
N
N
N
N
Residential Home
P
P
P
N
N
N
N
Senior Housing
N
P
P
L1
N
C
N
Commercial
Entertainment
N
N
C
P
P
N
N
Professional Office
C
L3
L3, L4
P
P
P
N
Retail Sales and Service
Sales-0riented
Personal service-oriented
Repair -oriented
Drive-through facilities
C
C
N
N
L3
C
N
N
L3
C
N
N
P
P
P
P
P
P
P
P
N
N
N
N
N
N
N
N
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS
Table 1
TOD District Land Uses
Page 5 of 16
Use Categories
Zoning Districts
Quick vehicle service
LMR
N
MMR
N
HMR
N
EC
P
GC
P
C
N
OS
N
Vehicle sales, rental and repair
N
N
N
P
P
N
N
Tourist Accommodations
N
N
N
N
P
C
N
N
N
N
Nholesale Sales
N
Motel/hotel
Bed and breakfast inn
N
C
N
C
C
P
P
P
P
P
N
N
N
N
Industrial
Manufacturing
N
N
N
N
P
N
N
Industrial Service
Light
Heavy
C
N
N
P
C
N
N
N
N
N
N
N
N
P
C
N
N
N
N
Nholesale Sales
N
N
N
N
P
N
N
Civic
Community Services
C
C
C
N
N
P
C
Hospital
C
C
C
C
N
C
N
Public facilities
C
C
C
C
C
C
N
Religious assembly
C
C
C
C
N
P
N
Schools
C
C
C
N
N
P
L2
Utilities
C
C
C
C
C
C
C
Open Space
Parks and Open Space
p
p
p
p
P
P
P
N --Not permitted.
P --Permitted use.
P7—Permitted use, one unit per lot.
C—Conditional use.
1 -1 --Only permitted as residential units above ground floor commercial uses.
1 -2 --School athletic and play fields only. School building and parking lots are not permitted.
L3 --Ground Floor business within a multifamily building. Maximum floor area of ten thousand square feet per
tenant.
L4 --Second story offices may be permitted in areas adjacent to EC zones as a conditional use.
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 6 of 16
L5—Only permitted as a transition between lower density zones and/or when adjacent to an environmentally
sensitive area.
3. Parking Standards. The off-street parking and loading requirements in Chapter 17_64 shall
apply to the TOD district and TOD corridor, except as modified by the standards in Table 3 of
this section.
a. Fifty percent of all residential off-street parking areas shall be covered. Accessory unit
parking spaces are not required to be covered.
b. Parking standards may be reduced when transit service is provided in the TOD district
and TOD corridor and meets the following conditions:
i. Parking standards may be reduced up to twenty-five percent when transit service is
provided in the TOD district and TOD corridor.
J. Parking standards may be reduced up to fifty percent when transit service is provided
in the TOD district and TOO corridor and when bus service includes fifteen -minute
headways during the hours of seven to nine a.m. and four to six p.m.
c. Bicycle parking standards in Chapter 17.64 shall not be reduced at any time.
d. Shared parking easements or agreements with adjacent property owners are encouraged
to satisfy a portion of the parking requirements for a particular use where compatibility is
shown. Parking requirements may be reduced by the city when reciprocal agreements of
shared parking are recorded by adjacent users.
Table 2
TOD District Zoning Standards
Standard
Zoning Districts
LMR
MMR HMR
E
Density—Units Per Net Acre (f)
Maximum
12
32 NA
N
Minimum
6
14 30
N
Dimensional Standards
Minimum Lot or Land Area/Unit
Large single-family
5,000 SF
NA
NA
N
Standard single-family
3,000 SF
NA
NA
N
Zero lot line detached
2,700 SF
2,700 SF
NA
N
Attached row houses
2,000 SF
1,500 SF
1,200 SF
N
Multifamily and senior housing
NA
NA
NA
9
CAP102314 Page 87
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 7 of 16
Table 2
TOD District Zoning Standards
Standard Zoning Districts
LMR MMR HMR E
Average Minimum Lot or Land Area/Unit
Large single-family
Standard single-family
Zero lot line detached
Attached row houses
Multifamily and senior housing
Minimum Lot Width
Large single-family
Standard single-family
Zero lot line detached
Attached row houses
Multifamily and senior housing
Minimum Lot Depth
Building Setbacks
Front (min./max.)
Side (between bldgs.) (detached/attached)
7,500 SF
NA
NA
N
4,500 SF
NA
NA
N
3,000 SF
3,000 SF
NA
N
2,500 SF
2,000 SF
1,500 SF
N
NA
NA
NA
N
50'
NA
NA
N
50'
NA
NA
N
30'
30'
NA
N
24'
22'
18'
N
NA
NA
NA
N
50'
50'
50'
N
101/15'
101/15'
0715'
5' detached
5' detached
5' detached
[
Corner(min./max.)
u
attacl�/e,Ra c
0'
attac4lPla c
0'
attaNg a
10'
5/
Rear
15'
15'
10'
10'
Garage Entrance
(d)
(d)
(d)
(r
Maximum Building Height
35'
45'
60'
61
Maximum Lot Coverage (g)
80%
80%
85%
101
Minimum Landscaped Area (i)
2 X, of sile area
20%o of site area
15% of site area
0% o
G)
area
Housing Mix
Required housing types as listed under
< 16 units in developmentt. 1 housing type.
N
Residential in Table 1.
16--40 units in development: 2 housing types.
> 40 units in development. 3 or mare housing types (plus
approved master plan)
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 8 of 16
Notes:
NA --Not applicable.
(a) The five-foot minimum also applies to the perimeter of the attached unit development.
(b) Setback required when adjacent to a residential zone.
(c) Setback required is ten feet minimum between units when using zero lot line configurations.
(d) Ten feet behind front building facade facing street,
(e) Garage entrance shall not protrude beyond the face of the building.
(f) Net acre equals the area remaining after deducting environmental lands, exclusive employment areas,
exclusive civic areas and right-of-way.
(g) Lot coverage refers to all impervious surfaces including buildings and paved surfacing.
(h) Parking lot landscaping and screening requirements still apply.
(i) Landscaped area shall include living ground cover, shrubs, trees, and decorative landscaping material
such as bark, mulch or gravel. No pavement or other impervious surfaces are permitted except for
pedestrian pathways and seating areas.
(j) Rooftop gardens can be used to help meet this requirement.
Table 3
TOD District and Corridor Parking Standards
Use Categories Minimum Required Parking
Residential
Dwelling, Single -Family
2 spaces per unit.
Large and standard lot
Zero lot line, detached
Attached row houses
Dwelling, Multifamily
1.5 spaces per unit.
Flexes
Apartments and condominiums
Dwelling, Accessory Unit
1 space per unit.
Boarding/Rooming House
1 space per accommodation, plus 1 space for every
employees.
Family Care
1 space for every 5 children or clients (minimum 1
Family day care
space); plus 1 space for every 2 employees.
Day care group home
Adult day care
CAP102314 Page 89
Chapter 17.65 TOD DISTRICTS AND CORRIDORS
Table 3
TOD District and Corridor Parking Standards
Page 9 of 16
es
m Required Parking
tion
et the parking requirement for the residence
cility
*Housing
per unit.
Fl�pall
me
per unit.
gg5
per unit.
hntertainment 1 space per 250 square feet of floor area, except for
theaters which shall provide 1 space per 4 seats.
Professional Office
1 space per 400 square feet of floor area.
Retail Sales and Service
Sales -oriented
1 space per 500 square feet of floor area.
Personal service-oriented
1 space per 500 square feet of floor area.
Repair -oriented
1 space per 500 square feet of floor area.
Drive-through facilities
Parking as required by the primary use.
Quick vehicle service
1 space per 750 square feet of floor area.
Vehicle sales, rental and repair
1 space per 1,000 square feet of floor area.
Tourist Accommodations
1 space per guest unit, plus 1 space for every 2
Motel/hotel
employees.
Bed and breakfast inn
Industrial
Manufacturing I1 space per employee of the largest shift.
Industrial Service
1 space per employee of the largest shift.
Light
Heavy
Wholesale Sales
1 space per employee of the largest shift.
Civic
Community Services
Number to be determined as pan of site plan or
conditional use review.
Hospital
1 space per 500 square feet of floor area.
Public Facilities
Number to be determined as pan of site plan or
conditional use review_
Religious Assembly
1 space per 100 square feet of floor area for the mail
assembly area.
Schools
2 spaces per classroom.
CAP102314 Page 90
Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 10 of 16
(Ord. 1981 §4 (Exh. D), 2014; Ord. 1971 §4 (Exh. C) (part), 2013; Ord 1867 §4(part), 2005; Ord. 1815 §1
(part), Exh. B(parl), 200D).
17.65.060 Land use--TOD corridor.
............ ............. .......... ..... ... .I...,..... .....
Four special zone district categories are applied in the Central Point TOD corridor. The characteristics
of these zoning districts are summarized in subsections A through D of this section.
A. Residential (TOD).
1. LMR --Low Mix Residential. This is the lowest density residential zone in the district. Single-
family detached residences are intended to be the primary housing type, however attached
single-family, and lower density multifamily housing types are also allowed and encouraged. The
housing types within this zone are intended to support pedestrian -friendly access beyond five
hundred feet of the primary transit route.
2. MMR --Medium Mix Residential. This medium density residential zone focuses on higher
density forms of residential living. The range of housing types includes higher density single-
family and a variety of multifamily residences and is intended to support pedestrian -friendly
access within five hundred feet of the primary transit route. Low impact commercial activities
may also be allowed.
B. Employment (TOD).
1. EC --Employment Commercial. Retail, service, and office uses are primarily intended for this
district. Activities which are oriented and complementary to pedestrian travel and transit are
encouraged. Development is expected to support pedestrian access and transit use.
Automobile -oriented activities are generally not included in the list of permitted uses. Residential
uses above ground floor commercial uses are also consistent with the purpose of this zone.
2. GC --General Commercial. Commercial and industrial uses are primarily intended for this
district. Activities which are oriented and complementary to pedestrian travel and transit are
encouraged. Residential uses above ground floor commercial uses are also consistent with the
purpose of this zone. (Ord. 1867 §5(part), 2006; Ord. 1 B15 §1 (part), Exh. B(part), 2000).
17.65.070 Zoning regulations--TOD corridor.
CAP102314 Page 91
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Table 3
TOD District and Corridor Parking Standards
Use Categories
Minimum Required Parking
Utilities
Number to be determined as part of site plan or
conditional use review.
Open Space
Parks and Open Space
Number to be determined as part of site plan or
conditional use review.
(Ord. 1981 §4 (Exh. D), 2014; Ord. 1971 §4 (Exh. C) (part), 2013; Ord 1867 §4(part), 2005; Ord. 1815 §1
(part), Exh. B(parl), 200D).
17.65.060 Land use--TOD corridor.
............ ............. .......... ..... ... .I...,..... .....
Four special zone district categories are applied in the Central Point TOD corridor. The characteristics
of these zoning districts are summarized in subsections A through D of this section.
A. Residential (TOD).
1. LMR --Low Mix Residential. This is the lowest density residential zone in the district. Single-
family detached residences are intended to be the primary housing type, however attached
single-family, and lower density multifamily housing types are also allowed and encouraged. The
housing types within this zone are intended to support pedestrian -friendly access beyond five
hundred feet of the primary transit route.
2. MMR --Medium Mix Residential. This medium density residential zone focuses on higher
density forms of residential living. The range of housing types includes higher density single-
family and a variety of multifamily residences and is intended to support pedestrian -friendly
access within five hundred feet of the primary transit route. Low impact commercial activities
may also be allowed.
B. Employment (TOD).
1. EC --Employment Commercial. Retail, service, and office uses are primarily intended for this
district. Activities which are oriented and complementary to pedestrian travel and transit are
encouraged. Development is expected to support pedestrian access and transit use.
Automobile -oriented activities are generally not included in the list of permitted uses. Residential
uses above ground floor commercial uses are also consistent with the purpose of this zone.
2. GC --General Commercial. Commercial and industrial uses are primarily intended for this
district. Activities which are oriented and complementary to pedestrian travel and transit are
encouraged. Residential uses above ground floor commercial uses are also consistent with the
purpose of this zone. (Ord. 1867 §5(part), 2006; Ord. 1 B15 §1 (part), Exh. B(part), 2000).
17.65.070 Zoning regulations--TOD corridor.
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 11 of 16
A. Permitted Uses. Permitted uses in Table 4 are shown with a "P." These uses are allowed if they
comply with the applicable provisions of this title. They are subject to the same application and review
process as other permitted uses identified in this title.
B. Limited Uses. Limited uses in Table 4 are shown with an "L" These uses are allowed if they
comply with the specific limitations described in this chapter and the applicable provisions of this title.
They are subject to the same application and review process as other permitted uses identified in this
title.
C. Conditional Uses. Conditional uses in Table 4 are shown with a "C." These uses are allowed if they
comply with the applicable provisions of this title. They are subject to the same application and review
process as other conditional uses identified in this title.
D. Density. The allowable residential density and employment building floor area are specified in
Table 5.
E. Dimensional Standards. The dimensional standards for lot size, lot dimensions, building setbacks,
and building height are specified in Table 5.
F. Development Standards.
1. Housing Mix. The required housing mix for the TOD zoning districts is shown in Table 5.
2. Accessory Units. Accessory units are allowed as indicated in Table 4. Accessory units shall
meet the following standards:
a. A maximum of one accessory unit is permitted per lot.
b. The primary residence and/or the accessory unit on the lot must be owner -occupied.
c. An accessory unit shall have a maximum floor area of eight hundred square feet.
d. The applicable zoning standards in Table 5 shall be satisfied.
CAP102314 Page 92
Table 4
TOD Corridor Land Uses
Use Categories
Zoning Districts
LMR
MMR EC
GC
Residential
Dwelling, Single -Family
Large and standard lot
Zero lot line, detached
P
P
L4
P
N
N
N
N
Attached row houses
P
P
N
N
Dwelling, Multifamily
Multiplex, apartment
P
P
L7
Lt
CAP102314 Page 92
Chapter 17.65 TOD DISTRICTS AND CORRIDORS
Table 4
TOD Corridor Land Uses
Page 12 of 16
Use Categories
Zoning Districts
N
LMR
MMR
EC
GC
Accessory Units
P1
P1
C
N
Boarding/Rooming House
N
C
N
N
Family Care
Family day care
Day care group home
P
C
P
C
N
N
N
N
Adult day care
C
C
N
N
Home Occupation
P
P
P
N
Residential Facility
P
P
N
N
Residential Home
P
P
N
N
Senior Housing
N
P
L1
N
Entertainment
N
N
P
P
Professional Office
C
L3
P
P
Retail Sales and Service
N
N
N
C
Sales -oriented
C
L3
P
P
Personal service-oriented
C
C
P
P
Repair -oriented
N
N
P
P
Drive-through facilities
N
N
P
P
Quick vehicle service
N
N
P
P
Vehicle sales, rental and repair
N
N
N
P
Tourist Accommodations
Motel/hotel
N
N
P
P
Bed and breakfast inn
C
C
P
P
(Manufacturing
N
N
N
P
Industrial Service
Light
N
N
N
P
Heavy
N
N
N
C
Wholesale Sales
N
N
N
P
Civic
CAP102314 Page 93
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 13 of 16
Table 4
TOD Corridor Land Uses
Use Categories
Zoning Districts
Zone Districts
LMR
MMR
EC
GC
Community Services
C
C
N
N
Hospital
C
C
C
N
Public Facilities
Religious Assembly
Schools
C
C
C
C
C
C
C
C
N
C
N
N
Utilities
C
C
C
C
Open Space
Parks and Open Space P
P P
P
N --Nat permitted.
P --Permitted use.
Pi --Permitted use, one unit per lot.
C—Conditional use.
1-1—Only permitted as residential units above ground floor commercial uses.
1 -2 --School athletic and play fields only. School building and parking lots are not permitted.
1 -3 --Ground floor business within a multifamily building. Maximum floor area of ten thousand square feet per
tenant
L4—Only permitted as a transition between adjacent lower density zones and/or when adjacent to an
environmentally sensitive area.
CAP102314 Page 94
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Table 5
TOD Corridor Zoning Standards
Standard
Zone Districts
LMR MMR
EC GC
Density --Units Per Net Acre (�
Maximum
Minimum
12 32
6 14
NA NA
NA NA
Dimensional Standards
Minimum Lot Area or Land
Area/Unit
CAP102314 Page 94
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Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 14 of 16
Table 5
TOD Corridor Zoning Standards
Standard
Zone Districts
LMR
MMR
EC
GC
Large single-family
5,000 SF
NA
NA
NA
Standard single-family
3,000 SF
NA
NA
NA
Zero lot line detached
2,700 SF
2,700 SF
NA
NA
Attached row houses
2,000 SF
1,500 SF
NA
NA
Multifamily and senior housing
2,000 SF
2, DOD SF
1,000 SF
NA
Average Minimum Lot or Land
Area/Unit
Large single-family
7,500 SF
NA
NA
NA
Standard single-family
4,500 SF
NA
NA
NA
Zero lot line detached
3,000 SF
3,000 SF
NA
NA
Attached row houses
2,500 SF
2,000 SF
NA
NA
Multifamily and senior housing
2,000 SF
2,000 SF -
1,000 SF
NA
Minimum Lot Width
Large single-family
50'
NA
NA
NA
Standard single-family
50'
NA
NA
NA
Zero lot line detached
30'
30'
NA
NA
Attached row houses
24'
22'
NA
NA
Multifamily and senior housing
NA
NA
NA
NA
Minimum Lot Depth
50'
50'
NA
NA
Building Setbacks
Front (min./max.)
101/15'
10715'
0'
15'
Side (between bldgs.)
5' detached
5' detached
0'
0'
(detached/attached)
0' attached (a) (c)
O' attached (a) (c)
10' (b)
15' (b)
Corner (min./max.)
5/10'
51/10'
51/10'
15730'
Rear
15'
15'
0'
0'
10'(b)
15'(b)
Garage Entrance
(d)
(d)
(e)
(e)
Maximum Building Height
35'
45'
60'
60'
Maximum Lot Coverage (g)
80%
80%
100%
85%
Minimum Landscaped Area (i)
20% of site area
20% of site area
0% of site
15% of si
area
area
CAP102314 Page 95
Chapter 17.65 TOD DISTRICTS AND CORRIDORS Page 15 of 16
Table 5
TOD Corridor Zoning Standards
Standard
Zone Districts
Ordinance 1995, passed September 71, 2014.
LMR
MMR
EC
GC
Housing Mix
Required housing types as listed
< 16 units in development: 1 housing type
NA
NA
under Residential in Table 3.
16-40 units in development: 2 housing types
> 40 units in development: 3 ar more housing types
(plus approved master plan).
NA --Not applicable
Notes:
(a) The five-foot minimum also applies to the perimeter of the attached unit development.
(b) Setback required when adjacent to a residential Zone.
(c) Setback required is ten feet minimum between units when using zero lot line configurations.
(d) Ten feet behind building facade facing street.
(e) Garage entrance shall not protrude beyond the face of the building.
(f) Net acre equals the area remaining after deducting environmental lands, exclusive employment areas,
exclusive civic areas and right-of-way.
(g) Lot coverage refers to all impervious surfaces, including buildings and paved surfacing.
(h) Parking lot landscaping and screening requirements still apply.
if Landscaped area shall include living ground cover, shrubs, trees, and decorative landscaping material
such as bark, mulch or gravel. No pavement or other impervious surfaces are permitted except for
pedestrian pathways and seating areas.
3. Parking Standards. Parking standards shall be as specified in Section 17.65.050(F)(3). (Ord.
1971 §4 (Exh. C) (part), 2013, Ord. 1867 §5(part), 2006: Ord. 1815 §t(part), Exh. R(part), 2000).
.... _ Ll r__r_...r, �-tib- • -
m
The Central Point Municipal Code is current through
c
N
rn
Ordinance 1995, passed September 71, 2014.
Q
Disclaimer: The City Recorder's Office has the official version of
r
the Central Point Municipal Code. Users should contact the City
Recorders Office for ordinances passed subsequent to the
3
N
ordinance cited above.
K
CAP102314 Page 96 li
.... _ Ll r__r_...r, �-tib- • -
Discussion
Street and Storm
Drain ownership
CAP102314 Page 97
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (S41) 664-7602 www.centra l pointoregon.gov
STAFF REPORT
October 14, 2014
AGENDA ITEM: Discussion of streets and storm drain ownership within the Hidden
Grove/Green Valley area.
STAFFSOURCE:
Matt Samitore, Parks & Public Works Director
BACKGROUND/SYNOPSIS:
The Hidden Grove/Green Valley (HGGV) Homeowners Association (HOA) has requested the City
take over the streets and storm drain ownership and maintenance within the HOA boundaries.
IMPACT:
The Hidden Grove/Green Valley (HGGV) Homeowners Association has requested the City of Central Point
to analyze and evaluate whether the subdivision's current private street and storm drain infrastructure
could become publically owned.
Storm Drain System
Currently the city already owns the main trunk lines that exist in the subdivisions. Only the smaller 8"
laterals are not publically owned. The City has analyzed and cleaned the entire storm drain system and the
pipe is in very good condition. The city is willing to accept the storm drain system. The HGGV HOA will
need to hire a professional to change the subdivisions documents to reflect such a change.
Street System
The Street System is not as easy to address as the water or storm drain systems. The streets were not
originally constructed to city standards and there are many deficiencies when compared with a standard
city street. The issues range from ownership of the streets, traffic signage, traffic striping/delineation and
initially employed construction methods. Below is an overview of the respective issues.
Signage - All the stop signs and street signs would need to be changed to standard city signs. The estimate
for this work is $5,000 in materials.
Street Width -The Street itself is 28', which is an acceptable street size for one sided parking. The streets
will need to be repainted as part of the existing street painting program. Additionally, there will be a cost
associated with the enforcement of the no parking as there are some inconsistencies with parking within
the subdivision.
Street Construction - One of the largest items is the construction of the streets and the width of the
sidewalks. The streets within the subdivisions were built as private streets which are similar, but slightly
different, from standardized city streets. City streets have what is called an 8/6/3 combination of base
CAP102314 Page 98
rock, fine rock, and asphalt. The private streetswithin the subdivisions only have 2" of asphalt. Whatthis
means long-term is that additional paving will be needed sooner in order to maintain the quality of the
street. The city estimates that a 1" overlay with grinding at the gutters will need to be done in the next 10
years. Based upon current year dollars this would cost $250,000. In order to pay for the paving an
additional $5.50 a month would need to be added to the street utility bills of the HGGV HOA to pay for the
cost in 2024 dollars.
Street Ownership— Currently all of the streets are private tax lots. They would all need to be converted to
city right of way at the cost of the applicant.
Sidewalks - Lastly, and probably the biggest issue from the City's point of view, is the sidewalk width. The
American with Disabilities Act (ADA) requires all sidewalks to be a minimum of 42" side. Standard City
sidewalks are 54" wide. With the existing sidewalks being 36" wide, staff is unsure if we can accept the
sidewalks as currently constructed without being in non-compliance with the law.
Alternative
The alternative to ownership is that the City maintains the streets. This could be accomplished if an agreed
upon maintenance amount is determined. Using the methodology established earlier the minimum would
be $10.50 a month for the street utility fee.
ATTACHMENTS:
No Attachments
RECOMMENDATION:
Just discussion at this point.
PUBLIC HEARING REQUIRED:
No, however the HGGV manager and board members may want to comment.
Return to Agenda
CAP102314 Page 99
Discussion
Front Street
Restriping
Recommendation
CAP102314 Page 100
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
October 14, 2014
AGENDA ITEM: Discussion of restriping South 99 from Pine to Bush Street to include
bicycle lanes
STAFFSOURCE:
Matt Samitore, Parks & Public Works Director
BACKGROUND/SYNOPSIS:
A review of the survey completed to re -stripe South Front (Hwy 99) from E. Pine to Bush Streets to
include bicycle lanes.
SURVEY RESULTS:
City staff contacted all of the of the business owners along South Front (Hwy 99) from E. Pine
Street to Bush Streets. All of the business owners agreed to the change upon seeing the plans and
talking to staff except for the Grange Co-op. The grange representative stated they had
apprehension about adding the lanes on the west side of the street because of the large truck
movement in and out of the storage area and fertilizer plant.
ATTACHMENTS:
South Front Re -striping plan prepared by RH2 Engineering.
RECOMMENDATION:
Staff recommends re -striping the area in question.
PUBLIC HEARING REQUIRED:
No.
RECOMMENDED MOTION:
I recommend approving the re -striping of South Front from E. Pine Street to Bush Street to include narrowed
travel lanes and on -street bicycle lanes.
Return to Agenda
CAP102314 Page 101
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