HomeMy WebLinkAboutCAP051415Central Point
City Hall
541-664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingler
Ward II
Michael Quilty
Ward III
Brandon Thueson
Ward IV
Allen Broderick
At Large
Rick Samuelson
Taneea Browning
Administration
Chris Clayton, City
Manager
Deanna Casey, City
Recorder
Community
Development
Tom Humphrey,
Director
Finance
Bev Adams, Director
Human Resources
Barb Robson, Director
Parks and Public
Works
Matt Samitore,
Director
Jennifer Boardman,
Manager
Police
Kri s Allison Chief
CITY OF CENTRAL POINT
City Council Meeting Agenda
May 14, 2015
Next Res. 1421
Next Ord. 2006
I. REGULAR MEETING CALLED TO ORDER -7:00 P.M.
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III. ROLL CALL
IV. PUBLIC APPEARANCES—Comments will be limited to 3 minutes per
individual ors minutes if representing a group or organization.
V. CONSENTAGENDA
Page 2 - 8 A. Approval of April 9, 2015 Council Minutes
9-15 B. Acceptance of Third Quarter Financial Statement
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
17-24 A. Public Hearing, First Reading — An Ordinance Amending
the Central Point Municipal Code to Add Section 3.25
Park Utility Fee Regarding the Adoption of a Parks Utility
Fee for Maintenance of City Parks (Samitore)
26-32 B. Public Hearing, First Reading — An Ordinance Amending
the Central Point Municipal Code to Add Section 3.26
Public Safety Fee Regarding the Adoption of a Public
Safety Fee for Increased Funding of Public Safety
(Clayton)
34-36 C. Public Hearing, First Reading — An Ordinance Creating
Chapter 1.04.060 Uniform Appeal and Hearing
Procedure for Central Point Municipal Code (Clayton)
38-47 D. Public Hearing, First Reading - An Ordinance Amending Title 8 of
the Central Point Municipal Code, by Adding Chapter 8.45 Homegrown
and Medical Marijuana (Humphrey)
49-52 E. Ordinance No. , An Ordinance Amending the Central Point
Zoning Map at 3292 Grant Road from Residential Single Family (R-1-10) to
Residential Single Family (R-1-8)(Humphrey)
VIII. BUSINESS
54 A. Parks and Recreation Commission Report(Samitore)
56 B. Planning Commission Report (Humphrey)
W. MAYOR'S REPORT
X. CITY MANAGER'S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. EXECUTIVE SESSION - ORS 192.660(2)(h) Legal Counsel
The City Council will adjou rn to executive session underthe provisions of ORS
192.660(2)(h) legal counsel. Under the provisions of the Oregon Public Meetings
Law, the proceedings of an executive session are not for publication or broadcast.
XIV. ADJOURNMENT
Consent Agenda
CAP051415 Page NG.1
CITY OF CENTRAL POINT
City Council Meeting Minutes
April 9, 2015
Oath of Office — Mayor Williams presented the Oath of Office to Taneea
Browning for the vacant At -Large Council position. Mrs. Browning took a seat at
the Council table.
REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:02 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingler, Brandon
Thueson, Rick Samuelson, and Mike Quilty were present.
City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Police Chief Kris Allison; Community Planner II Stephanie
Holtey; Parks and Public Works Director Matt Samitore;
and City Recorder Deanna Casey were also present.
IV. PUBLIC APPEARANCES
Linda Reel, Citizens Advisory Committee (CAC) member
Mrs. Reel commented that she enjoys being on the CAC. She stated that she is
concerned about the future of the Central Point Cemetery and would like to see a
plan to continue the maintenance on the property.
Kay Harrison, Planning Commission Member
Mrs. Harrison stated that she is concerned about the Vietnam Memorial going in
Don Jones Memorial Park. She was on the City Council when the park was being
planned and is concerned that this additional memorial would take up too much
of the green space at the Park. It is a busy park and a draw for citizens all over
the valley. She does not want to see all the open space taken up by an additional
memorial structure. She appreciates that they would want to put the Vietnam
Memorial in Central Point but would like to see citizen involvement before the
plans are finalized.
V. CONSENT AGENDA
A. Approval of March 12, 2015 City Council Minutes
B. Approval of National Service Day Proclamation
C. Award of City Engineer and Contract Engineers
D. Approval of Surplus Property List
Mike Quilty moved to approve the Consent Agenda as presented. Brandon
Thueson seconded. Rall call: Hank Williams, yes; Bruce Dingler, yes; Brandon
CAP051415 Page NO.2
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Thueson, yes; Allen Broderick, yes; Taneea Browning, yes; Rick Samuelson,
yes; and Mike Quilty, yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Resolution No. 1420, A Resolution of the City of Central Point
Setting Miscellaneous Water Fees and Street Light Fees
Parks and Public Works Director Matt Samitore explained that the proposed
resolution authorizes two new fees. At previous meetings Council directed staff to
return with fees for the backflow prevention program and decorative lights. The
proposed fees will begin January 2016.
The Backflow prevention fee will be $1.00 a month for those residents that
currently have registered backflow devices registered with the city. This fee will
help keep the cost of the annual maintenance check low for all involved.
Residents that do not have a registered backflow device will pay $0.25 per
month. It was decided that all citizens benefit from the backflow testing.
Commercial, industrial and other high risk properties would not be part of this
program and would continue to be required to do an annual test on their own.
There are separate state rules for the larger devices. The State of Oregon has
given the city a warning regarding the backflow annual checks. We must do a
better job at requiring the devices to be checked annually.
The Council recommended waiving the fee associated with putting in a backflow
device when property owners have irrigation systems installed. It was discussed
that it can be a time consuming and expensive process when installing a
backflow. Staff agreed that there may be some promotional items that we can do
to encourage people to install the device and register with the city.
The Decorative Street light fee will only be charged to the properties in
subdivisions with decorative streetlights. These streetlights are the responsibility
of the City to replace when they are damaged. This fee will be $0.25 per month
for new subdivisions that are required to have decorative street lights. The
existing subdivisions will have a 5 year walk in program. The schedule will start
at $.05 the first year and increase by $.05 each year for 5 years.
There was discussion about the Pacific Power Franchise Fee. Mr. Samitore
explained that the fee collected for this franchise agreement pays only for the
power to light the street lights. It does not have enough funds to cover
replacement of the lights. The tall crane neck poles belong to Pacific Power, if
something happens to them it is the responsibility of Pacific Power to change the
bulbs or the structure. The city is responsible for decorative lights only. This fee
would allow the city to recover the costs associated with maintaining the lights.
The fee would not support staff time associated with servicing those lights.
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Bruce Dingier moved to approve Resolution No. 1420, A Resolution of the
City of Central Point Setting Miscellaneous Water Fees and Street Light
Fees. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce Dingler,
yes; Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick
Samuelson, yes; and Mike Quilty, yes. Motion approved.
B. Ordinance No. 2005, Amending CPMC Chapter 13.37, C -2(M);
Chapter 17.44, C-4 and Chapter 17.46, C-5, Allowing Medical
Marijuana Dispensaries as a Conditional Use and Declaring an
Emergency.
City Attorney Sydnee Dreyer explained that the City Council adopted changes to
Title 5 which specifies the conditions under which medical marijuana
dispensaries may be allowed in specific zoning districts. They also approved the
requirements that would allow this to be a conditional use in these zones.
The proposed ordinance reinforces the Councils action by adding language to
the zoning chapter's specific for this use. The zoning amendments were sent to
the Department of Land Conservation and Development for their review and
comment. The City received neither guidance nor objection. The Planning
Commission conducted a public hearing on March 4, 2014 and no one spoke
either in support of in opposition to the amendment.
Mayor Williams opened the Public Hearing.
Linda Reel, CAC member
Mrs. Reel stated that the CAC did discuss this issue and made a
recommendation. She is concerned that there is no plan for disposal or waste
management in place for these facilities. She is concerned that the state will not
consider this issue when they make their ruling on Measure 91. She has a
concern about trash and security of that trash.
City Manager Chris Clayton explained that the conditions for waste management
can be included in the Conditional Use permit process. The Planning
Commission would have authority to address this if the state has not.
Mrs. Dryer stated that staff will bring back an Ordinance regarding personal
grows and will be including regulation for the sale of recreational marijuana in the
near future.
Mayor Williams closed the public hearing.
Allen Broderick moved to approve Ordinance No. 2005, Amending CPMC
Chapter 13.37, C -2(M); Chapter 17.44, C-4 and Chapter 17.46, C-5, Allowing
Medical Marijuana Dispensaries as a Conditional Use and Declaring an
Emergency. Mike Quilty seconded. Roll call: Hank Williams, yes; Bruce Dingler,
yes; Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick
Samuelson, yes; and Mike Quilty, yes. Motion approved.
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C. Public Hearing, First Reading — An Ordinance Amending the Central
Point Zoning Map at 3292 Grant Road from Residential Single Family
(R-1.10) to Residential Single Family (R-1.8)
Community Planner II Stephanie Holtey explained that this zone change is at the
request of the property owner. The requested change would be consistent with
surrounding property. There are services available and this will not affect the
current utility structure. The Planning Commission recommended approval of the
zone change.
Mayor Williams opened the Public Hearing.
Christopher Boivin, Quail Court Resident
Mr. Boivin stated that they were not able to attend the public hearing during the
Planning Commission meeting. He is concerned about the amount of houses this
will allow on the property. When they purchased the home they knew the
property was in the County and are concerned with crowding too many houses in
the area. He would like to know what restrictions would be put on the property
and what is planned to be built there. It was explained that this is just a rezone
hearing. The site plans have not been submitted to the City. There should be
more opportunity for public input as the property owner decides what to put on
the property.
Mayor Williams closed the public hearing.
Mike Quilty moved to second reading An Ordinance Amending the Central
Point Zoning Map at 3292 Grant Road from Residential Single Family (R-1-
10) to Residential Single Family (R-1.8). Brandon Thueson seconded. Roll call:
Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon
Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes.
Motion approved.
VIII. BUSINESS
A. Discussion of Beebe Road Condemnation
Parks and Public Works Director Matt Samitore reported that he is working with
the property owner regarding the intersection at Beebe and Hamrick. The
owner's biggest concern was fence height along that corner and street light
placement. Staff explained the height of the fence will be on the street side so it
will be sufficient to allow for privacy and staff will work with him regarding the
street light placement. As of last week he is ok with the offer of cash for the
property, a block wall around the corner and free water for six years. Once the
agreement is signed the City can start working on water to his property.
B. Planning Commission Report
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Community Planner II Stephanie Holtey presented the Planning Commission
Report from April 7, 2015:
Approved a Resolution in favor of No -Rise request for portions of Twin
Creeks Crossing Phases 1 -III located within the regulatory floodway. The
developer submitted an application for a No -Rise Certification on thirty
lots within Twin Creeks Crossing. The objective of the No -Rise Analysis is
to demonstrate that development will not aggravate flooding, and will
allow the developer to accelerate construction of the affected lots, which
are currently within the flood hazard area.
Approved a Resolution determining similar use for veterinary clinics in C-
4 zoning. The city received a request to rezone property in a C-4 zone for
the purpose of constructing and operating a veterinary clinic. As an
alternative, the City initiated a similar use authorization for veterinary
clinics as a use compatible with other general professional uses within the
C-4 zoning district.
Discussed the Gebhard Road alignment analysis. The Planning
Commission was presented the same information previously presented to
the Development Commission regarding the progress of the Gebhard
Road alignment analysis.
C. Results of the Citizen Survey
Mrs. Holtey presented the results of the mailed Citizen Satisfaction Survey. She
showed the comparison to the statistically valid telephone survey that was done
in January. The city received 243 surveys out of the 6,000 that were sent in
February. The survey was also on the website, there were reminders in the
Newsletter and on the city Facebook page.
There are consistencies between the survey results, as well as a number of
differences. Telephone surveys tend to provide more reliable and accurate
responses because the population sample is selected randomly rather than self-
selected. The respondents to the mailed survey were predominantly
homeowners aged 45 and over. Respondents to the telephone survey, although
mostly home owners, were evenly distributed across age groups.
She explained the areas of high satisfaction and the importance of specific
services with the mailed survey results. The survey summary will be posted on
our website and will be available to citizens.
There was discussion regarding the level of support for the recommended Park
and Public Safety fees. They discussed the difference in the questions between
the mailed survey and the phone survey and possible changes to wording of
future surveys.
Ix. MAYOR'S REPORT
Mayor Williams reported that:
He attended two Medford Water Commission meetings.
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• He attended two Fair Board meetings. Today they talked about renaming
some of the buildings.
• He attended the Chamber mixer.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
• He had a meeting with RVSS regarding a franchise agreement. They do
plan to enter into an agreement with the City. They would like to wait to
set the fee until after the court ruling. The collection of the fee prior to a
ruling has caused problems with record keeping. Staff recommends
proceeding with the agreement but stipulate that the fee will not be
collected until the court has ruled on this issue. Staff has an agreement
ready to be processed.
• Budget meetings begin Monday April 13'" at 6:00 pm. The Mail Tribune
will be doing an article on our process.
XI. COUNCIL REPORTS
Council Member Mike Quilty reported that:
• Rogue Disposal received a CMAQ grant for a compression fueling
station. Jackson County Roads Department will be converting their
vehicles to take advantage of this station.
• He attended an Airport Advisory Committee meeting.
• He attended an OMPOCK meeting in Salem where he spoke with
legislators regarding infrastructure repair.
• He met with Representative Sal Esquivel and Senator Alan Bates
regarding a transportation funding bill.
Council Member Brandon Thueson reported that:
• He attended a Bear Creek Greenway Committee meeting. They talked
about funding and what benefit the organizations receive for those funds.
They also talked about the bridges that are in need of repair.
• He has been in contact with the owners of the cemetery, they are working
to finish the head stone repairs this summer.
Council Member Rick Samuelson reported that he attended:
• an RVCOG meeting.
• an RVSS meeting, they are planning to increase their rates by $2.50.
• the first of the neighborhood park meetings in Twin Creeks. There were
about 20 citizens who attended.
• a Chamber Mixer at BobbiO's.
Council Member Taneea Browning reported that she attended the Chamber
Greeters and Mixer and attended the Eggstravaganza event at Twin Creeks.
Council Members Bruce Dingler and Allen Broderick had no report.
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XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
• he wanted to thank everyone who participated and attended the
Eggstravaganza. It was well attended and organized better this year.
• He has been in contact with the representatives for the Vietnam War
Memorial site they have not submitted the drawings yet. We will continue
to hold public meetings regarding the memorial and placement in Don
Jones Memorial Park.
• We have finished with the water pipes along Freeman Road. There have
been issues with the subcontractor. If he can stop them from working on
Central Point projects in the future he will. There have been several
issues with this subcontractor.
• While trenching along Hwy 99 for the new streetlights they ran across
some abandoned lines in front of the Car Wash. They are still working on
removing these abandoned lines in order to put the decorative street
lights in.
Police Chief Kris Allison reported that the Police Department Facebook page is
going well. It seems to be a big success in the community. It is a great way to get
communication out to the citizens. DARE Graduations will be in May. Council
members are invited to attend.
Community Planner Stephanie Holtey updated the Council on a few planning
applications that are currently being reviewed.
XIII. EXECUTIVE SESSION -None
XIV. ADJOURNMENT
Rick Samuelson moved to adjourn, Brandon Thueson seconded, all said "aye' and the
Council Meeting was adjourned at 9:02 p.m.
The foregoing minutes of the April 9, 2015, Council meeting were approved by the City
Council at its meeting of May 14, 2015.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agentla
CAP051415 Page NO.8
CENTRAL— Finance Department
Staff Report POINT Bev Adams, Finance Director
To:
Mayor & Council
From:
Bev Adams, Finance Director
Date:
May 14, 2015
Subject:
Third Quarter Financial Statements
Background:
Attached are the City of Central Point's financial statements forthe period ending March 31, 2o15. As of this date
we are three-quarters (7S%) through the 2014/15 budget year. The next 5 pages are the Revenue and
Expenditure statements; and the last page is the Budget Compliance reportwhich recaps expenses by
department. In all funds, revenues and expenditures are on trackforthe time period.
General Fund total revenues received are 87% Of budget, with expenditures of 69%. Of the s5.6 million in total
taxes received, $4.5 million are property taxes. As of March 31st we have received 96.5% of the budgeted
property taxes, and 90.2% of the property tax levy. Typically we receive a large tax turnover in May, and with
that payment expect to reach loo%of the budgeted tax revenue.
Street Fund revenues are 83%of budget, with expenditures of 63%. An exceptionally high balance in
"Miscellaneous Revenue" is the result of an unbudgeted payment of slzS,000 forthe Twin Creeks rail crossing
project.
The Debt Service Fund has just two payments remaining forthe year—a total of $37,900 in interest due in June.
At this time the Building Fund shows an increase of $121,000 over the budgeted ending balance. Although part
of the increase is carryover, with revenues at 99.5% of budget and expenditures of 58% of budget in the third
quarter, a year end carryover of $200,000 or more is very possible.
Water Fund total revenues are 78% of budget, and expenditures at 67% of budget. Charges for Services (which
includes water sales) are also at 78% of budget and typical forthe period. Water sales in the next quarterwill
determine whether or notwe meet the projected ending fund balance. As we have experienced, weather
continues to be a "good news/bad news" story; the good news is that a dry spring and summer help rebuild the
waterfund reserves - and the bad news is that it isn't so good in other aspects forthe area.
Stormwater Fund & the Internal Services Fund are doing well; both have over 75% in revenue collections with less
than 67% of budgeted expenses.
We continue to closely monitor the financial situation of all funds, and will make adjustments whenever possible
to meet the carryover projections in the 2015/17 biennial budget.
Recommended Action:
That Council accept the March 31, 2o1S financial statements.
CAP051415 Page NG.9
City of Central Point
Council Financial Statements
For period ending March 31, 2015
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
Interlard Transfers
Total Revenues
Expenditures
Operations
Capital Outlay
Contingency
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Council Shirts
CAP051415
Fiscal Year to date 75.00%
Year to Date
2014/15 Revenues & Percentage
Budget Expenditures Difference ReceivedlUsed
$6,125,000
$5,602,054
$522,946
91.46%
59,500
61,680
(2,180)
103.66%
497,100
361,101
135,999
72.64%
994,500
755,194
239,306
75.94%
105,000
78,755
26,245
75.00%
32,500
16783
15,717
51.64%
137,000
49,554
87,446
3617%
0
0
0
0.00%
7,950,600
6,925,121
1,025,479
87.10%
701,100
520,855
180,245
74.29%
198,500
104.639
93,861
52.71%
548400
417,652
130,748
76.16%
61,250
40,112
21,138
65.49%
775,600
553,783
221,817
7140%
783,350
569,048
214,302
7264%
522,740
285,204
237,536
54.56%
403,850
251,990
151,860
62.40%
4,130,910
2,908,606
1,222,304
7041%
95,000
109,705
(14,705)
11548%
44,000
44,000
0
100.00%
160.000
0
160,000
0.00%
8,424,700
5,805,593
2,619,107
68.91%
1,119,528
2,098.460 2,635,169 536709
1,624,360 3,754,697 2,130,337
2014/15 Revenues & Percentage
Budget Expenditures Difference ReceivedlUsed
$40,000
$4,377
$35,623
10.94%
0
0
0
000%
0
0
0
0,00%
0
0
0
000%
40,000
4,377
35,623
10.94%
38,500
57,780
0
0.00%
0
0
0
0.00%
0
0
0
0.00%
38,500
57,780
0
0.00%
(53,403)
137.755 181,928 44,173
139.255 128,525 (10,730)
5/4/2015
Page No. 10
City of Central Point
Council Financial Statements
For period ending March 31, 2015
Street Fund - 20
Revenues
Franchise Tax
Charges for Services
Intergovernmental Revenue
Interest Income
Miscellaneous
Transfers In
Total Revenues
Expenditures
Operations
SDC
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
Council Slmts
CAP051415
Fiscal Year to date 75.00%
2014/15 Revenues & Percentage
Budget Expenditures Difference Received/Used
$240,000
$180,000
$60,000
75.00%
60.000
550,000
442,961
107,039
80.54%
429
990,000
740,578
249422
74.81%
(47,953)
11,000
6,039
4,961
54.90%
000%
5,000
129,740
(124,740)
2594.80%
100,000
0
0
0
0.00%
108,302
1,796,000
1,499,318
296,682
83.48%
1,772,200
$1,313,373
458,827
74.11%
253,000
29,039
223,961
11.48%
100,000
0
100,000
0.00%
2,125,200
1,342,412
782,788
63.17%
156,906
1.594730 1,737201 142,471
1.265,530 1,894,107 628,577
$0
$0
$0
0.00%
60.000
108,224
(48,224)
180.37%
700
429
271
61.22%
60,700
108,653
(47,953)
179.00%
0
0
0
000%
10,000
8,302
1,698
83.02%
100,000
100,000
0
0.00%
110,000
108,302
1,698
98.46%
351
68,625 139,392 70.767
19 325 139,743 120,418
5/4/2015
Page No. 11
City of Central Point
Council Financial Statements
For period ending March 31, 2015
Council Stmts 5/4/2015
CAP051415 Page No. 12
Fiscal Year to tlni,
75.00%
Year to Date
2014/15
Revenues &
Percentage
Budget
Exoendilures
Difference
ReceivedlUsed
Reserve Fund- 35
Revenues
Interest
$4,000
$2,139
$1,861
53.47%
Transfers In
0
0
0
100.00%
Total Revenues
4,000
2,139
0
53.47%
Expenditures
Facility Improvements
40,000
0
40,000
0.00%
Total Expenditures
40,000
0
40,000
0.00%
Net Change in Fund Balance
2,139
Beginning Fund Balance
569.800
569,969
169
Ending Fund Balance
533,800
572,108
38,308
Debt Service Fund- 40
Revenues
Charges for Service
$224,000
$174,007
$49,993
77.68%
Interest Income
100
619
(51 9)
619.17%
Intergovernmental
162,870
162,864
6
100.00%
Special Assessments
60,000
32,705
27,295
5451%
Miscellaneous Revenue
0
55,900
(55,900)
0.00%
Transfers In
199,000
199,000
0
100.00%
Total Revenues
645,970
625,094
20,876
96,77%
Expenditures
Debt Service
645,600
606 793
38,807
93.99%
Total Expenditures
645,600
606,793
38,807
93.99%
Net Change in Fund Balance
18,301
Beginning Fund Balance
45,800
41,943
(3.857)
Ending Fund Balance
46,170
60, 244
14,074
Building Fund- 50
Revenues
Charges for Service
$144,500
$144,326
$174
99.88%
Interest Income
1,500
980
520
65.32%
Miscellaneous
0
0
0
0.00%
Total Revenues
146,000
145,306
694
99.52%
Expenditures
Personal Services
156,300
91,557
64,743
58.58%
Materials and Services
16,300
10,566
5,734
64.83%
Contingency
3,000
0
3,000
0.00%
Total Expenditures
175,600
102,124
73,476
58.16%
Net Change in Fund Balance
43,182
Beginning Fund Balance
133,495
182,632
49.137
Ending Fund Balance
103,895
225,814
121,919
Council Stmts 5/4/2015
CAP051415 Page No. 12
City of Central Point
Council Financial Statements
For period ending March 31, 2015
Fh,car Year to dam 75.00%
Council Stmts 5/4/2015
CAP051415 Page No. 13
Year to Date
2014115
Revenues 8
Percentage
Budget
Expenditures
Difference
Received/used
Water Fund - 55
Revenues
Charges for Services
$2,885,500
$2,238,780
$646,720
77.59%
Interest Income
6,000
5,755
245
95.92%
Miscellaneous
10,000
7.853
2,147
78.53%
Total Revenues
2,901,500
2,252,387
649,113
77.63%
Expenditures
Operations
3.038,300
2,135,512
902,788
70.29%
SDC Improvements
16,000
0
16,000
0.00%
Contingency
145.000
0
145,000
0.00%
Total Expenditures
3,199,300
2,135,512
1,063,788
66.75%
Net Change in Fund Balance
116,875
Beginning Fund Balance
1,794.160
1,697,619
(96,541)
Ending Fund Balance
1,496,360
1,814.494
318,134
Stormwater Fund - 57
Revenues
Charges for Services
$841,150
$646,814
$194,336
7690%
Interest Income
4,000
3,183
817
79.57%
Miscellaneous
0
5,546
(5546)
0.00%
Total Revenues
845,150
655,543
189,607
77.57%
Expenditures
Operations
826,650
504,341
322,309
61.01 %
SDC
25,000
17,443
7,557
69.77%
Contingency
43,000
0
43,000
0.00%
Total Expenditures
894,650
521,784
372,866
58.32%
Net Change in Fund Balance
133,759
Beginning Fund Balance
731,390
850,205
118,815
Ending Fund Balance
681.890
983,964
302,074
Council Stmts 5/4/2015
CAP051415 Page No. 13
City of Central Point
Council Financial Statements
For period ending March 31, 2015
Council Stm(s 5/4/2015
CAP051415 Page No. 14
Fiscal Year to dare
75.00%
Year to Date
2014115
Revenues &
Percentage
Budget
Expenditures
Difference
Received/Used
Infernal Services Fund - 60
Revenues
Charges for Services
$1,115,800
$848,216
$267,584
76.02%
Interest Income
2,000
1,168
832
58.40%
Miscellaneous
10,000
712
9,288
7.12%
Total Revenues
1,127,800
850,096
277,704
75.38%
Expenditures
Facilities Maintenance
254,000
163,083
90,917
64.21%
PW Administration
674,200
470,536
203,664
69.79%
PW Fleet Maintenance
307,100
162,506
144,594
52.92%
Contingency
0
0
0
0.00%
Interfund Transfers
0
0
0
0.00%
Total Expenditures
1,235,300
796,124
439,176
64.45%
Net Change in Fund Balance
53,972
Beginning Fund Balance
139,000
239,394
100,394
Ending Fund Balance
31,500
293,366
261,866
Council Stm(s 5/4/2015
CAP051415 Page No. 14
City of Central Point
Budget Compliance Report
For period ending March 31, 2015
Flscai Yearto dam 75.00%
Return to Agentla
MarttAl&B§ts,F1itiancial Statement. xlsx Pa;&4qO1{%
2014115
Year to Data
Percent
Budget
Expenditures
Used
Difference
General
Administration
$701,100
$520,855
74.29%
$180,245
City Enhancement
198,500
104,639
52.71
%
93,861
Technical Services
548,400
417,652
76.16%
130,748
Mayor and Council
61,250
40,112
65.49%
21,138
Finance
775,600
553,783
71.40%
221,817
Parks & Recreation - Parks
703,350
569,048
72.64%
214,302
Parks&Recreation-Recreation
522,740
285,204
54.56%
237,536
Community Development
403,850
251,990
62.40%
151,860
Police
4,130,910
2,908,606
70.41%
1,222.304
Interdepartmental
95,000
109,705
115.48%
(14,705)
Transfers
44,000
44, DOD
100.00%
0
Contingency
160,000
0
0.00%
160,000
8,424,700
5,805,693
68.91%
2,619,107
HTCTF
Materials and Services
38,500
57,780
150.08%
(19,280)
38,500
57,780
160.08%
(19,280)
Street
Operations
1,772.200
1,313,373
74.11%
458,827
SDC Improvements
253,000
29,039
11.48%
223,961
Contingency
100,000
0
000%
100,000
2,125,200
1,342,412
63.17%
782,788
Capital Projects
Park Projects
0
0
0.00%
0
Park Projects - SOC
10,000
8,302
83.02%
1,698
Transfers
100,000
100,000
0.00%
0
110,000
108,302
98.46%
1,698
Debt Service
Debt Service
645,600
606,793
93.99%
38,807
Building
Personnel Services
156,300
91,557
58.58%
64,743
Materials and Services
16,300
10,566
64.83%
5,734
Contingency
3,000
0
0.00%
3,000
175,600
102,124
58.16%
73,476
Water
Operations
3,030,300
2,135,512
70.29%
902,788
SDC Improvements
16,000
0
0.00%
16,000
Contingency
145,000
0
0.00%
145,000
3,199,300
2,136,512
66.75%
1,063,788
Stormwater
Operations
714,650
504,341
70.57%
210,309
SDC Improvements
25,000
17,443
69.77%
7,557
Contingency
43,000
0
0.00%
43,000
782,650
521,784
66.67%
260,866
Internal Services
Facilities Maintenance
254,000
163,083
64.21%
90,917
PW Administration
674,200
470,536
69.79%
203,664
PW Fleet Maintenance
307.100
162.506
52.92%
144.594
Return to Agentla
MarttAl&B§ts,F1itiancial Statement. xlsx Pa;&4qO1{%
Ordinance
Park Maintenance
Fee
CAP051415 Page No. 16
CENTRAL
STAFF REPORT POINT
Parks and Recreation Department
Matt Samitore, Director
To:
City Council
From:
Matt Samitore, Director, Parks & Public Works
Subject:
First reading of an ordinance establishing a Parks Maintenance Fee.
Date:
May 14, 2015
AGENDA ITEM:
First reading of ordinance establishing a Parks Maintenance Fee
STAFF SOURCE:
Matt Samitore, Director
SUMMARY:
During the 2015 Budget meetings, discussion occurred on creation of a Parks Maintenance Fee.
The fee is being earmarked for repair and replacement of existing park facilities, paying for a
new Parks and Recreation Master Plan and potentially new park construction at atime when
the existing system maintenance is caught up.
The fee establishment is based upon a model that was put in place by the City of Medford
several years ago. The Fee is $1.00 per month per water meter for all users, except for multi-
family which is established on $0.50 per unit.
Financial I
Based on current customers the fee would generate the following revenue per user class, for a
total of $81,978 annually.
User Class Number of Units Monthly Annually
Commercial/Industrial
231
$231.00
$2,772.00
SFR
5945
$5,945.00
$71,340.00
Duplex
67
$134.00
$1,608.00
Multi -Family
757
$378.50
$4,542.00
Senior Housing
286
$143.00
$1,716.00
Total $81,978.00
140 South Third Street Central Point, OR 97502 • 541.664.3321 Fax 541.664.6384
CAP051415 Page No. 17
The City of Medford calculates its fee slightly differently. It charges a fee based upon the total
number of commercial businesses, not per meter. As an example, with Mountain View Plaza or
the downtown there are multiple businesses tied to one water meter. Additionally, Medford
does not give a discount for multi -family units.
Project List:
The following are the top five items slated for completion with the use of the funds generated.
Only the top two items have been analyzed for cost estimates.
1. Park & Recreation Master Plan - $100,000
2. Pfaff Park Playground Replacement -$80,000
3. Fall Material Replacement— Forest Glenn
4. Forest Glenn Playground
5. Don Jones Tennis Court Re -surfacing
PUBLIC HEARING REQUIRED:
Yes—a public hearing is required.
SUGGESTED MOTION:
I move to direct staff as follows......
1. Approve the first reading of an ordinance establishing the parks maintenance fee and
move to a second reading at the next council hearing.
2. Redirect Staff.
Returnto Agenda
140 South Third Street Central Point, OR 97502 • 541.664.3321 Fax 541.664.6384
CAP051415 Page No. 18
ORDINANCE NO.
AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE TO ADD
SECTION 3.25 PARK MAINTENANCE FEE REGARDING THE ADOPTION OF A
PARKS MAINTENANCE FEE FOR CITY PARKS
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to
time make revisions to its municipal code which shall become part of the
overall document and citation.
B. The City has adopted a budget authorizing the imposition and collection of
a utility fee for the continued maintenance of the City's parks.
C. Section 3.25 is necessary to impose said fee and set forth the standards
for collection of such fee and use of the funds generated thereby.
D. Words IRe^'m through are to be deleted and words in bold are added.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.25, Parks Maintenance Fee, is adopted herein to be
incorporated into the Central Point Municipal Code.
Chapter 3.25
PARKS MAINTENANCE FEE
Sections:
3.25.010
Creation of Parks Maintenance Fee, Purpose
3.25.020
Definitions
3.25.030
City to Maintain Parks and Related Facilities; Exception
3.25.040
Administrative Officer Designated
3.25.050
Establishment and Revision of Parks Maintenance Fee
3.25.060
Imposition of Parks Maintenance Fee
3.25.070
Rate Adjustment
3.25.080
Billing and Collection of Parks Maintenance Fee
3.25.090
Parks Maintenance Fee Discount for Extreme Hardship
3.25.100
Moneys to be Paid in Parks Maintenance Fee account
3.25.110
Appeal Procedure
3.25.010 Creation of Parks Maintenance Fee, Purpose
There is hereby created a Parks Maintenance Fee for the purpose of providing for
the operation and maintenance of parks and facilities within the City of Central
Ordinance No. (052815)
CAP051415 Page No. 19
Point. Fees collected shall be deposited into the City of Central Point general
fund park fee account to be used only for purposes identified within this
ordinance. The Council hereby finds, determines and declares the necessity of
providing operation and maintenance of the City's parks and facilities as a
comprehensive Park Maintenance Fee, with such operation and maintenance to
include such activities as are necessary in order that the parks and facilities may
be properly operated and maintained and that the health, safety and welfare of the
City and its inhabitants may be safeguarded.
3.25.020 Definitions
"Developed Property" means property on which improvements have been
constructed, as defined in the land use planning code.
"Residential Unit" means a residential structure accommodating one dwelling
unit, including manufactured structures and mobile homes. In the case of
attached dwelling units such as duplexes, town homes, condominiums, and
accessory or ancillary dwelling units which include permanent provisions for
sleeping, cooking and sanitation, each unit which is separately metered forwater
shall be considered a separate Residential Unit for purposes of collecting the fee.
"Multiple Family Unit" means a residential structure with three (3) or more
attached dwelling units in one or more structures in which the units are served by
common meters for water.
"Nonresidential Unit" means a use of developed property not for personal,
domestic accommodation, such as a business, commercial, or industrial
enterprise. A Nonresidential Unit which provides facilities for one or more
businesses shall be charged as a single unit for purposes of the Parks
Maintenance Fee.
"Undeveloped Property" means unimproved land and open space as defined by
the city of Central Point land use codes.
"Responsible Person" means the person owing the Parks Maintenance Fee.
3.25.030 City to Maintain Parks and Related Facilities; Exception
The City intends to maintain all accepted parks and facilities, and City easements
and may maintain other accepted areas within or adjacent to the City. Such areas
specifically exclude private areas and private areas not yet accepted by the City
for maintenance. The City Parks Director shall develop and implement a
maintenance plan for accepted City parks and facilities to be maintained and that
the City's investment therein shall be preserved, insofar as possible to do so with
funds available and in accordance with policies adopted by the Council.
Ordinance No. (052815)
CAP051415 Page No. 20
3.25.040 Administrative Officer Designated
In addition to such other duties and responsibilities as may be assigned to the
Director, the Parks and Recreation Director shall be responsible for developing
maintenance programs and standards forthe operation and maintenance of parks
and related facilities, and all other activities related to the purpose of the Parks
Utility Fee, subject to approval by the Budget Committee for any such fee.
3.25.050 Establishment and Revision of Parks Maintenance Fee
The City Council hereby establishes a Parks Maintenance Fee to be paid by the
Responsible Party for each developed property within the corporate limits of the
City. Such fee shall not be imposed in amounts greater than that which is
necessary, in the judgment of the City Council, to provide sufficient funds to
properly maintain parks and facilities. Collection of the fee for each property shall
be made by a monthly charge which shall commence on the first day of
, 2015. The City Council may, from time to time, by resolution,
change the fee based upon revised estimates of the cost of properly maintaining
parks and related facilities, or other factors identified in the ordinance.
3.25.060 Imposition of Parks Maintenance Fee
A. Residential Unit. There is hereby imposed upon developed Residential Units in
the City, an initial Parks Maintenance Fee of $1.00 for each dwelling unit existing
on that parcel.
B. Multiple Family Unit. There is hereby imposed upon the Responsible Party for
a Multiple Family Unit, an initial Parks Maintenance Fee equal to $.50 for each
separate dwelling unit within the Multiple Family Unit existing on that parcel. By
way of example, an apartment complex containing 30 units would be subject to a
monthly Parks Maintenance Fee of $15.00.
C. Nonresidential Unit. There is hereby imposed upon the Responsible Party for
a Nonresidential Unit, an initial Parks Maintenance Fee of $1.00 for each common
meter to serve the Nonresidential Unit existing on that parcel.
D. This fee is deemed reasonable and is necessary to pay for the operation and
maintenance of parks and facilities within the City. The effective starting date of
this fee will be 2015, and will appear on water bills delivered in
2015.
3.25.070 Rate Adjustment
An annual rate adjustment may be made based on the Consumer Price Index
(CPI -U) for the Portland, Oregon MSA and index period 1982-1984 = 100. The
adjustment shall be the percent change in the CPI for the calendar year ending
Ordinance No. (052815)
CAP051415 Page No. 21
December 31 of each year. The adjustment shall be made to the customer's water
bill beginning the following March. The first adjustment may be made in March
2016 upon resolution duly adopted and approved by the City Council.
3.25.080 Billing and Collection of Parks Maintenance Fee
A. Parks Maintenance Fees shall be collected monthly on the City water bill
per section
B. The person normally responsible for paying the City water charges is
responsible for paying the Parks Maintenance Fee, if the property is located
within the City limits.
C. In the event a developed property is not served by a domestic water meter,
or if water service is discontinued, the Parks Maintenance Fee shall be billed to
the persons having the right to occupy the property. If unpaid by the occupants
of the property the bill will be the responsibility of the property owner
ultimately.
D. A request for water or sewer service, a building permit, or the occupancy of an
un -serviced building will automatically initiate appropriate billing for Parks
Maintenance Fee.
E. There shall be no charge for an Undeveloped Property until such time as any
permit is issued forthat property.
F. A late charge shall be attached to any Parks Maintenance Fee not received
within 30 days of billing. The charge is established under administrative fees by
resolution.
G. Notwithstanding the above, if the Parks Maintenance Fee is not paid for a
period of three months, the fee, with any attendant late fees, shall be imposed on
the Responsible Party. Unpaid amounts will ultimately become a lien against the
property and the responsibility of the property owner. Water is subject to shut-off
by the City.
3.25.090 Parks Maintenance Fee Discount for Extreme Hardship
A. Any household in the city with a combined total income falling below the
federal poverty level shall be considered eligible to apply for a Parks Maintenance
Fee rate discount. Persons applying for a Parks Maintenance Fee rate discount
Ordinance No. (052815)
CAP051415 Page No. 22
must be the person who receives the monthly water bill and is the head of a
household.
B. Any person desiring to receive the Parks Maintenance Fee rate discount must
submit an application to the city on forms to be provided by the city. Subsequent
to initial qualifications for utility fee discount, any person must reapply on or
before June fifteenth of each year thereafter. The city manager shall determine
whether any applicant meets the qualifications and requirements for discount as
set forth in this chapter.
C. The amount of Parks Maintenance Fee rate discount for eligible persons,
provided underthis chapter, shall be equal to the percentage water rate discount
for extreme hardship, as established in Section 13.16.030.
D. It is unlawful for any person to make, assist in making or to derive the benefits
from any false application for discounts provided under this chapter. In addition
to other penalties provided by law, the city shall be entitled to recover from any
person or persons receiving the benefit of discounts as a result of any false
statement made in any application the amount therefor, including interest at the
rate of nine percent per year from the date such discounts were granted.
3.25.100 Moneys to be Paid in Parks Maintenance Fee account
All fees collected by the city shall be paid into the Parks Maintenance Fee
account. It shall not be necessary that the operations and maintenance
expenditures from the account specifically relate to any particular property from
which the fees for said purposes were collected. To the extent that the fees
collected are insufficient to properly operate and maintain parks and facilities, the
cost of the same may be paid from such other City funds as may be determined
by the City Council, but the City Council may order the reimbursement to such
funds if additional fees are thereafter collected. All amounts on hand in the Parks
Utility account shall be invested by the Chief Financial Officer in investments
proper for City funds. The fees paid and collected by virtue of this ordinance shall
not be used for general or other governmental or proprietary purposes of the
City, except to pay for the equitable share of the cost of accounting, management
and government which is attributable to the account, which shall not exceed 5%
of the gross revenues of the account during any fiscal year. Other than as
described above, the fees and charges shall be used solely to pay for the cost of
operation, administration, maintenance, repair, improvement, renewal,
replacement and reconstruction of the parks and facilities of the City and costs.
3.25.110 Appeal Procedure
A person aggrieved by a decision required or permitted to be made by the Parks
Director under this ordinance may appeal the decision or the expenditure to the
City Council as provided in Section 1.04.060.
Ordinance No. (052815)
CAP051415 Page No. 23
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word Ordinance may be changed to 'bode', "article', "section', 'chapter',
or other 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 3. 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 May 2015.
Mayor Hank Williams
ATTEST:
City Recorder
Ordinance No. (052815) 1 Return to Agend,
CAP051415 Page No. 24
Ordinance
Public Safety
Fee
CAP051415 Page No. 25
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3 r Street Central Point, OR 97502 (541) 664-7602 www.centralpointoregon.gov
STAFFREPORT
May 14", 2015
AGENDA ITEM: The first reading of an ordinance amending the Central Point Municipal
Code (CPMC) to add chapter 3.26 public safety fee regarding the adoption of a public safety
utility fee for increased funding for public safety.
STAFF SOURCE:
Chris Clayton, City Manager
BACKGROUND/SYNOPSIS:
The 2015-2017 budget proposal included a recommendation to establish a public safety utility fee.
After discussion and deliberation, the Central Point Budget Committee approved the creation of a
public safety utility fee with the intention of dedicating the new revenue to a second Central Point
School Resource Officer (SRO) position. During the 2015-2017 budget hearings, the public safety
utility fee was presented as $1.00 per utility account per month. However, this ordinance proposes
a 50% reduction of the fee for multi -family dwelling and senior housing units.
Unless directed otherwise by council, all future revenue generated by the public safety utility fee
will be dedicated to the city's School Resource Officer (SRO) positions.
FINANCIAL IMPACT:
Based on current customer data, the fee will generate the following revenue per account class for a
total of $81,978 annually.
Number of
User Class Units Monthly Annually
Commercial/Industrial
231
$231.00
$2,772.00
SFR
5945
$5,945.00
$71,340.00
Duplex
67
$134.00
$1,608.00
Multi -Family
757
$378.50
$4,542.00
Senior Housing
286
$143.00
$1,716.00
Although the proposed methodology does not capture $1.00 per month from every dwelling unit (as
proposed during the budget committee hearings, staff believes the reduced rate for higher density
housing and senior housing is more equitable. The actual amount of revenue generated will increase
proportional to residential and commercial building activity.
CAP051415 Page No. 26
CENTRAL POINT STRATEGIC PLAN
The following is listed as a core value in the 2007 City of Central Point Strategic Plan:
Public Safety: "We value a professional service oriented public safetypolicy that promotes a sense of
.safety and .security in our city."
ATTACHMENTS:
I. Ordinance amending the Central Point Municipal Code (CPMC) to add chapter 3.26
RECOMMENDATION:
1. Approval of a first reading of an ordinance amending the Central Point Municipal Code to
add chapter 3.26 public safety utility fee.
PUBLIC HEARING REQUIRED:
A public hearing is required on this item.
SUGGESTED MOTION:
I move to approve the first reading of ordinance ___ an ordinance amending the Central Point
Municipal Code to add chapter 3.26 public safety utility fee
Return to Agentla
CAP051415 Page No. 27
ORDINANCE NO.
AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE TO ADD
SECTION 3.26 PUBLIC SAFETY FEE REGARDING THE ADOPTION OF A PUBLIC
SAFETY FEE FOR INCREASED FUNDING OF PUBLIC SAFETY
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. The City has adopted a budget authorizing the imposition and collection of a
monthly fee for the increased funding of public safety within the City.
C. Section 3.26 is necessary to impose said fee and set forth the standards for
collection of such fee and use of the funds generated thereby.
D. Words linedthroughare to be deleted and words in bold are added
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 3.26, Public Safety Fee, is adopted herein to be incorporated into the
Central Point Municipal Code.
Chapter 3.26
PUBLIC SAFETY FEE
Sections
3.26.010
Creation of Public Safety Fee, Purpose
3.26.020
Definitions
3.26.030
Administrative Officer Designated
3.26.040
Establishment and Revision of Public Safety Fee
3.26.050
Imposition of Utility Fee
3.26.060
Rate Adjustment
3.26.070
Billing and Collection of Public Safety Fee
3.26.080
Public Safety Fee Discount for Extreme Hardship
3.26.090
Use of Moneys
3.26.100
Appeal Procedure
3.26.010 Creation of Public Safety Fee, Purpose
There is hereby created a Public Safety Fee for the purpose of providing funding for public
safety. Fees collected shall be deposited into the City of Central Point general public safety
fee account to be used only for purposes identified within this ordinance. The Council
hereby finds, determines and declares the necessity of providing funding for both the police
Ordinance No. (052815)
CAP051415 Page No. 28
and fire department for the health, safety and welfare of the City and its inhabitants
3.26.020 Definitions
"Developed Property" means property on which improvements have been constructed, as
defined in the land use planning code.
"Residential Unit" means a residential structure accommodating one dwelling unit,
including manufactured structures and mobile homes. In the case of attached dwelling
units such as duplexes, town homes, condominiums, and accessory or ancillary dwelling
units which include permanent provisions for sleeping, cooking and sanitation, each unit
which is separately metered for water shall be considered a separate Residential Unit for
purposes of collecting the fee.
"Multiple Family Unit" means a residential structure with three (3) or more attached
dwelling units in one or more structures in which the units are served by common meters
for water.
"Nonresidential Unit" means a use of developed property not for personal, domestic
accommodation, such as a business, commercial, or industrial enterprise. A Nonresidential
Unit which provides facilities for one or more businesses shall be charged as a single unit
for purposes of the Public Safety Fee.
"Undeveloped Property" means unimproved land and open space as defined by the city of
Central Point land use codes.
"Responsible Person" means the person owing the Public Safety Fee.
3.26.030 Administrative Officer Designated
The City Manager shall be responsible for the administration of this Fee. The City
Manager shall be responsible for developing administrative procedures for the Fee, and all
other activities related to the purpose of the Public Safety Account.
3.26.040 Establishment and Revision of Public Safety Fee
The City Council hereby establishes a Public Safety Fee to be paid by the Responsible
Party for each developed property within the corporate limits of the City. Such fee shall not
be imposed in amounts greater than that which is necessary, in the judgment of the City
Council, to provide sufficient funds for public safety. Collection of the fee for each property
shall be made by a monthly charge which shall commence on the first day of
2015. The City Council may, from time to time, by resolution, change the fee based upon
revised estimates of the costs, or other factors identified in the ordinance.
3.26.050 Imposition of Public Safety Fee
A. Residential Unit. There is hereby imposed upon developed Residential Units in the
Ordinance No. (052815)
CAP051415 Page No. 29
City, an initial Public Safety Fee of $1.00 for each dwelling unit existing on that parcel
B. Multiple Familv Unit. There is hereby imposed upon the Responsible Party for a
Multiple Family Unit, an initial Public Safety Fee equal to $.50 for each separate dwelling
unit within the Multiple Family Unit existing on that parcel. By way of example, an
apartment complex containing 30 units would be subject to a monthly Public Safety Fee of
$15.00.
C. Nonresidential Unit. There is hereby imposed upon the Responsible Party for a
Nonresidential Unit, an initial Public Safety Fee of $1.00 for each common meter to serve
the Nonresidential Unit existing on that parcel.
D. This fee is deemed reasonable and is necessary to fund public safety. The effective
starting date of this fee will be 2015, and will appear on water bills delivered
in 2015.
3.26.060 Rate Adjustment
An annual rate adjustment may be made based on the Consumer Price Index (CPI -U) for
the Portland, Oregon MSA and index period 1982-1984 = 100. The adjustment shall be the
percent change in the CPI for the calendar year ending December 31 of each year. The
adjustment shall be made to the customer's water bill beginning the following March. The
first adjustment may be made in March 2016 upon resolution duly adopted and approved
by the City Council.
3.26.070 Billing and Collection of Public Safety Fee
A. Public Safety Fees shall be collected monthly on the City water bill per section
B. Unless another person responsible has agreed in writing to pay and a copy of that
writing is fled with the City, the person normally responsible for paying the City water
charges is responsible for paying the Public Safety Fee, if the property is located within the
City limits.
C. In the event a developed property is not served by a domestic water meter, or if
water service is discontinued, the Public Safety Fee shall be billed to the persons having
the right to occupy the property. If unpaid by the occupants of the property the bill will
be the responsibility of the property owner ultimately.
D. A request for water or sewer service, a building permit, or the occupancy of an un -
serviced building will automatically initiate appropriate billing for Public Safety Fee.
Ordinance No. (052815)
CAP051415 Page No. 30
E. There shall be no charge for an Undeveloped Property until such time as any permit
is issued for that property.
F. A late charge shall be attached to any Public Safety Fee not received within 30 days
of billing. The charge is established under administrative fees by resolution.
G. Notwithstanding the above, if the Public Safety Fee is not paid for a period of three
months, the fee, with any attendant late fees, shall be imposed on the Responsible Party.
Unpaid amounts will ultimately become a lien against the property and the responsibility of
the property owner. Water is subject to shut-off by the City.
3.26.080 Public Safety Fee Discount for Extreme Hardship
A. Any household in the city with a combined total income falling below the federal poverty
level shall be considered eligible to apply for a Public Safety Fee rate discount. Persons
applying for a Public Safety Fee rate discount must be the person who receives the monthly
water bill and is the head of a household.
B. Any person desiring to receive the Public Safety Fee rate discount must submit an
application to the city on forms to be provided by the city. Subsequent to initial
qualifications for Public Safety Fee discount, any person must reapply on or before June
fifteenth of each year thereafter. The city manager shall determine whether any applicant
meets the qualifications and requirements for discount as set forth in this chapter.
C. The amount of Public Safety Fee rate discount for eligible persons, provided under this
chapter, shall be equal to the percentage water rate discount for extreme hardship, as
established in Section 13.16.030.
D. It is unlawful for any person to make, assist in making or to derive the benefits from any
false application for discounts provided under this chapter. In addition to other penalties
provided by law, the city shall be entitled to recover from any person or persons receiving
the benefit of discounts as a result of any false statement made in any application the
amount therefor, including interest at the rate of nine percent per year from the date such
discounts were granted.
3.26.090 Use of Moneys
Fees collected shall be deposited into the City of Central Point general public safety fee
account to be used only for purposes identified within this ordinance. It shall not be
necessary that the operations and maintenance expenditures from the account specifically
relate to any particular property from which the fees for said purposes were collected. To
the extent that the fees collected are insufficient to properly fund public safety, the cost of
the same may be paid from such other City funds as may be determined by the City
Council, but the City Council may order the reimbursement to such fund if additional fees
are thereafter collected. All amounts on hand in the general public safety account shall be
Ordinance No. (052815)
CAP051415 Page No. 31
invested by the Chief Financial Officer in investments proper for City funds. The fees paid
and collected by virtue of this ordinance shall not be used for general or other
governmental or proprietary purposes of the City, except to pay for the equitable share of
the cost of accounting, management and government which is attributable to the account,
which shall not exceed 5% of the gross revenues of the account during any fiscal year.
Other than as described above, the fees and charges shall be used solely to pay for the cost
of operation, administration, maintenance, repair, improvement, renewal, replacement and
reconstruction of public safety areas of the City and costs incidental thereto.
3.26.100 Appeal Procedure
A person aggrieved by a decision required or permitted to be made by the City Manager
under this ordinance may appeal the decision or the expenditure to the City Council as
provided in Section 1.04.060.
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 other
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 May
2015.
Mayor Hank Williams
ATTEST:
City Recorder
Returnto Agenda
Ordinance No. (052815)
CAP051415 Page No. 32
Ordinance
Uniform Appeal
Ordinance
CAP051415 Page No. 33
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3 r Street Central Point, OR 97502 (541) 664-7602 www.centralpointoregon.gov
STAFFREPORT
May 14", 2015
AGENDA ITEM: An ordinance creating section 1.04.060 uniform appeal and hearing
procedure of the Central Point Municipal Code (CPMC).
STAFF SOURCE:
Chris Clayton, City Manager
BACKGROUND/SYNOPSIS:
Prior to 2006, the Central Point Municipal Code (CPMC) contained a procedure for reviewing
decisions related to planning, zoning and general land use. However, a series of complex land use
decisions during the same time period led to the repeal of CPMC chapter 1.24 and land use
decision appeals were integrated into chapter 17 (zoning) of the CPMC Recently approved, and
future, ordinances related to the regulation of marijuana, nuisance activity and chronic nuisance
abatement reference a general/uniform appeals procedure. But currently, the city has no alternate
"uniform appeal" procedure available for administrative decisions now that land use decision
appeals are relegated to the city's zoning ordinances. Understandably, the city now finds itself in
need of a general/uniform appeals ordinance.
In summary, the proposed uniform appeals procedure would create a needed venue for the review
of administrative decision making as provided for in the Central Point Municipal Code.
ATTACHMENTS:
I. Ordinance amending the Central Point Municipal Code (CPMC) to add section 1.04.060 to
chapter 1.04
RECOMMENDATION:
1. Approval of a first reading of an ordinance amending the Central Point Municipal Code to
add section 1.04.060 uniform appeal and hearing procedure.
PUBLIC HEARING REQUIRED:
A public hearing is required on this item.
SUGGESTED MOTION:
I move to approve the first reading of ordinance _ an ordinance amending the Central Point
Municipal Code to add section 1.04.060 uniform appeal and hearing procedure.
CAP051415 Page No. 34
ORDINANCE NO.
AN ORDINANCE CREATING SECTION 1.04.060 UNIFORM APPEAL AND HEARING
PROCEDURE OF THE CENTRAL POINT MUNICIPAL CODE
RECITALS:
A. Prior to 2006 the Central Point Municipal Code contained an appeal ordinance
specific to planning, zoning and land use decisions.
B. Land use related appeals are now provided for by the City's zoning
ordinances.
C. Recent legislation has manufactured a need for a uniform appeals procedure
for review of administrative decisions as provided by the Central Point Municipal Code.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Section 1.04.060 of the Central Point Municipal Code is adopted herein to
be incorporated in the Central Point Municipal Code.
Chapter 1.04
General Provisions
Sections:
1.04.060 Uniform Appeal and Hearing Procedure
1.04.060 Uniform Appeal and Hearing Procedure
In this section the word "appellant" means a person appealing from an
administrative decision. Except as otherwise provided in this code, a person who
is authorized to appeal from an administrative decision under this code shall
follow the procedure stated in this section.
A) The appellant shall file with the recorder a written notice of appeal together
with a written statement listing the reason for requesting the revocation or
modification of the decision within 10 days after the day on which appellant is
notified of the administrative decision from which appeal is requested.
CAP051415 Page No. 35
B) The council or authorized appellate board shall hear the appeal within 30 days
after the recorder receives the notice and statement of appeal, unless the
appellant consents to an extension of time.
C) The recorder shall notify the appellant of the time and place of the hearing,
along with other persons who have an interest in the subject matter of the
hearing.
D) At the hearing the appellant or other parties interested may present witnesses
and offer evidence in support of their case and, in the discretion of the council or
appellate board, evidence may be heard to sustain the administrative decision.
E) The council or appellate board shall make written findings, recommendations,
or orders on any matter heard by it and the recorder shall send a copy thereof to
the appellant.
SECTION 2. 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 other 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 3. 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
Pg.2 Ordinance No. (05/14/2015)
CAP051415 Page No. 36
Ordinance
Home Grown and
Medical Marijuana
Ordinance
CAP051415 Page No. 37
OWN—
APlanning Department
STAFF REPORT CENTRAL lam Humpnrey.AlcV,
POINTCommunity fJevelopment f]irector/
STAFF REPORT
May 14, 2015
AGENDAITEM:
Consideration of an Amendment to the Municipal Code to Add Chapter 8.45, Restricting Homegrown
and Medicinal Marijuana grows in the City Limits to Coincide with the Effective Date of State Law.
STAFF SOURCE:
Tom Humphrey, Community Development Director
BACKGROUND:
This is the first reading of an ordinance the City Attorney prepared to restrict Homegrown and
Medicinal Marijuana grows in the Central Point City limits. The code amendments were vetted by the
Police and the Community Development Departments and at the direction of the City Manager.
This item has been noticed for a public hearing.
The Council has had numerous conversations about the unwanted effects of growing marijuana
within the City limits. The odors emanating from these grows, the unsightly appearance of
property where grows occur and the invitation for criminal activity are all undesirable.
DISCUSSION:
The City's approach to mitigating the unwanted effects resulting from the Oregon Medical
Marijuana Act (OMMA) and passage of Measure 91 is to add Chapter 8.45 which restricts but
does not eliminate homegrown and medicinal marijuana grows. As a home -rule municipal
corporation and under the Central Point Charter, the Council has determined a limitations to be
the best course of action. Council members have received input from their constituents which has
lead them to direct City staff to prepare the attached ordinance (Attachment A). Once again,
amendments to Chapter 8 would limit but not prohibit marijuana grows in Central Point.
ISSUES:
As discussed, the primary issue is how to minimize or eliminate the unwanted consequences of
homegrown marijuana whether recreational or medicinal. The Intent and Purpose of the proposed
amendment is as follows:
The City Council of the City of Central Point recognizes that citizens of the state of Oregon may engage
in both recreational and medicinal use of marijuana in accordance with state law. However, the City
Council also recognizes that cultivating, drying, production, processing, keeping or storage of marijuana,
without appropriate safeguards in place, can have a detrimental effect upon public safety and neighboring
citizens. The City Council finds and declares that the health, safety and welfare of its citizens are
promoted by requiring marijuana cultivators engaged in recreational or medicinal cultivation, drying,
production, processing, keeping or storage of marijuana to ensure that said marijuana is not accessible,
visible or odor causing to other persons or property, or otherwise illegal under Oregon state law.
Page I of 2
CAP051415 Page No. 38
ATTACHMENTS:
Attachment "A" — Ordinance No. An Ordinance Amending Title 8 of the Central Point
Municipal Code, by Adding a Chapter 8.45 Homegrown and Medical Marijuana.
ACTION:
Open public hearing and consider the proposed amendment to the municipal code, close public hearing
and 1) move ordinance and amendments to a second reading; 2) move to a second reading with revisions;
or 3) deny the proposal.
RECOMMENDATION:
Direct Staff to schedule the second reading for the next City Council meeting (May 28, 2015) to
approve the amendment to the municipal code.
Return to Agentla
Page 2 of 2
CAP051415 Page No. 39
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 8 OF THE CENTRAL POINT MUNICIPAL
CODE, BY ADDING CHAPTER 8.45 HOMEGROWN
AND MEDICAL MARIJUANA
RECITALS:
A. In November 1998, Oregon voters approved the Oregon Medical Marijuana
Act (OMMA) which allowed medical use and possession of marijuana, and
in 2013 the Oregon legislature approved House Bill 3460 amending the
OMMA to allow medical marijuana dispensaries (collectively "OMMA").
B. In November 2014, Oregon voters approved Measure 91 (M. 91) legalizing
personal possession, growth, processing, delivery and sale of nonmedical
marijuana.
C. OMMA and M. 91 fail to address local regulation and impact of the growing
of medical and homegrown marijuana in city limits, which the City Council
has found to be a substantial and important issue implicating health, welfare
and safety concerns within the City of Central Point.
D. Marijuana plants, whether grown indoors or outdoors, especially as they
mature prior to harvest, may produce a distinctive odor that may be
detectable far beyond property boundaries.
E. The strong smell of marijuana may create an attractive nuisance, alerting
persons to the location of the valuable plants, and creating a risk of burglary,
robbery and armed robbery; and
F. The City of Central Point is a home -rule Municipal corporation; and
G. Section 4 of the Central Point Charter provides: "The City shall have all
powers which the constitutions, statutes and common law of the United
States and of this state expressly or impliedly grant or allow municipalities,
as fully as though this charter specifically enumerated each of those
powers.
H. Words lined through are to be deleted and words in bold are added.
Ordinance No. (05/19/2015)
CAP051415 Page No. 40
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Title 8 HEALTH AND SAFETY of the Central Point Municipal Code
hereby adds a new Chapter 8.45, restricting homegrown and medicinal marijuana grows
in city limits, as follows:
CHAPTER 8.45
HOMEGROWN AND MEDICAL MARIJUANA
Sections:
8.45.010 Intent and Purpose
8.45.020
Definitions
8.45.030
Homegrown and Medical Marijuana Subject to Regulation
8.45.040
Public Nuisance Remedy
8.45.050
Violation
8.45.060
Conflict of Laws
8.45.070
Severability
8.45.010 Intent and Purpose
The City Council of the City of Central Point recognizes that citizens of the state of
Oregon may engage in both recreational and medicinal use of marijuana in
accordance with state law. However, the City Council also recognizes that
cultivating, drying, production, processing, keeping or storage of marijuana,
without appropriate safeguards in place, can have a detrimental effect upon public
safety and neighboring citizens. The City Council finds and declares that the
health, safety and welfare of its citizens are promoted by requiring marijuana
cultivators engaged in recreational or medicinal cultivation, drying, production,
processing, keeping or storage of marijuana to ensure that said marijuana is not
accessible, visible or odor causing to other persons or property, or otherwise
illegal under Oregon state law.
8.45.020 Definitions
"Homegrown Marijuana" means any marijuana cultivated, dried, produced,
processed, kept or stored for personal recreational use by a person 21 years of age
or older in accordance with state law.
Ordinance No. (05/19/2015)
CAP051415 Page No. 41
"Household" means a housing unit, and includes any indoor structure or
accessory dwelling unit in or around the housing unit at which the occupants of
the housing unit are cultivating, drying, producing, processing, keeping, or storing
homegrown marijuana.
"Housing unit" means a house; a mobile home; a manufactured home; and/ora
group of rooms, or a single room that is occupied as separate living quarters, in
which the occupants live and eat separately from any other persons in the building
and which have direct access from the outside of the building or through a
common hall including an individual residential unit in an apartment, duplex,
townhome, condominium, or senior living facility.
"Indoors/Indoor Structure" means within a fully enclosed and secure structure that
complies with the Oregon Residential Specialty Code (ORSC) or Oregon Structural
Specialty Code (OSSC), as adopted by the City of Central Point, which has a
complete roof enclosure supported by connecting walls extending from the
foundation/slab to the roof. The structure must be secure against unauthorized
entry, accessible only through one or more lockable doors, and constructed of
solid materials that cannot easily be broken through, such as 2" x 4" or larger
wood studs covered with 3/8" or thicker weather -resistant siding or equivalent
materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy
this requirement.
"Marijuana" means all parts of the plant Cannabis family Moraceae, including, but
not limited to, its dried leaves and flowers, any marijuana products derived
therefrom. The term includes any and all homegrown marijuana, medical marijuana
and marijuana products as defined in this section.
"Marijuana cultivator" means a medical marijuana grower, recreational marijuana
homegrower, patient, and any landlord or property owner allowing marijuana to be
cultivated, dried, produced, processed, kept or stored at a premises.
"Marijuana products" means products that contain marijuana or marijuana extracts
and are intended for human consumption.
"Medical Marijuana" means the marijuana cultivated, dried, produced, processed,
kept or stored for medicinal use in accordance with the OMMA.
Ordinance No. (05/14/2015)
CAP051415 Page No. 42
"Medical Marijuana Grower" means any person engaged in the cultivation, drying,
production, processing, keeping or storage of medical marijuana in accordance
with state law, and includes, but is not limited to the meaning set out at OAR 333-
008-0010(11)8(21).
"Medical Marijuana Grow Site" means a location registered pursuant to ORS
475.304 where medical marijuana is produced for use by a patient.
"Recreational Marijuana Homegrower" means a person 21 years of age and older
engaged in the cultivation, drying, production, processing, keeping or storage of
homegrown marijuana in accordance with state law.
"Homegrown Marijuana Grow Site" means a location in which a person 21 years of
age and older cultivates, dries, produces, processes, keeps or stores homegrown
recreational marijuana in accordance with state law.
"Patient" means a person who has been diagnosed by an attending physician with
a debilitating medical condition and for whom the use of medical marijuana may
mitigate the symptoms or effects of the person's debilitating medical condition,
and who has been issued a registry identification card by the Oregon Health
Authority.
"Premises" means a household, medical marijuana grow site, homegrown
marijuana grow site, and/or primary residence of a patient.
"Property" means any home, business or public right-of-way.
8.45.030 Homegrown and Medical Marijuana Subject to Regulation
A. Marijuana Cultivators shall be allowed to cultivate, produce, process and/or
possess homegrown marijuana and medical marijuana subject to the following
conditions:
1. such cultivation, production, processing, or possession of marijuana
must be in full compliance with all applicable provisions of OMMA and M.
91;
2. such cultivation, production, processing or possession of marijuana
must be conducted indoors;
Ordinance No. (C5/14/2C15)
CAP051415 Page No. 43
3. the cultivation, production, processing, or possession of such marijuana
must not be perceptible from the exterior of the household, housing unit
and/or indoor structure including but not limited to:
signage;
a. common visual observation, which would prohibit any form of
b. unusual odors, smells, fragrances, or other olfactory stimulus;
c. light pollution, glare, or brightness that disturbs the repose of another;
d. undue vehicular or foot traffic, including excess parking within the
residential zone; and
e. excessive noise that disturbs the repose of another in violation of
CPMC 8.04.
4. such cultivation, production, processing, or possession of marijuana
plants shall be within a secure, defined area;
5. such cultivation, production, processing or possession of marijuana shall
meet the requirements of all adopted city building and life/safety codes;
6. such cultivation, production, processing or possession of marijuana shall
meet the requirements of all adopted water and sewer regulations
promulgated by the City or any special district having jurisdiction;
7. disposal of any excess or unused marijuana, marijuana products, or other
byproducts thereof, shall meet any and all local and state requirements
for disposal, and shall be disposed of in a secure fashion so as to avoid
access by children, visitors, casual passersby, vandals or anyone not
licensed or authorized to possess medical or homegrown marijuana;
B. such cultivation, production, processing or possession of marijuana in a
commercial or industrial structure located in a commercial or industrial
zone shall meet the following requirements:
a. the use must be conducted indoors;
Ordinance No. (55/14/2515)
CAP051415 Page No. 44
b. the premises must not be vacant and there shall be an actual daily
presence, use and occupancy of the premises by an owner, tenant,
employee or agent thereof;
9. such cultivation, production, processing or possession of marijuana in
residential zones or in a housing unit shall meet the following requirements:
a. such cultivation, production, processing, or possession of marijuana
shall only be conducted within the primary residence of the marijuana
cultivator;
b. such marijuana plants shall not be cultivated, processed, produced or
possessed in the common areas of a multi -family or attached
residential development such as townhomes and condominiums;
c. for purposes of this ordinance, "primary residence" means the place
that a person, by custom and practice, makes his or her principle
domicile and address and to which the person intends to return,
following any temporary absence, such as vacation. Residence is
evidenced by actual daily physical presence, use, and occupancy of
the primary residence and the use of the residential address for
domestic purposes, such as, but not limited to, slumber, preparation
of and partaking of meals, regular mail delivery, vehicle and voter
registration, or credit, water, and utility billing. A person shall have
only one primary residence, which may include an indoor structure or
accessory dwelling unit, provided that the indoor structure or
accessory dwelling unit is located on the same tax lot as the primary
residence.
10. For purposes of this ordinance, "a secure" area means an area within the
primary residence or indoor structure accessible only to the patient or
primary caregiver, or marijuana cultivator. Secure premises shall be locked
or partitioned off to prevent access by children, visitors, casual passersby,
vandals, or anyone not licensed and authorized to possess medical or
homegrown marijuana.
B. Licensed commercial grows, as defined in M. 91, are strictly prohibited in all
residential zones.
8.45.040 Public Nuisance Remedy
Ordinance No. (C5/14/2C15)
CAP051415 Page No. 45
A. Any household, housing unit, premises, property, building, structure or
place of any kind where medical or homegrown marijuana is grown, processed,
manufactured, bartered, distributed or given away in violation of state law or this
chapter, or any place where medical or homegrown marijuana is kept or possessed
for sale, barter, distribution or gift in violation of state law or this chapter, is a
public nuisance per Chapter 8.04.
B. In addition to the foregoing, two or more violations in a 30 -day period may be
deemed a Chronic Nuisance Property subject to the provisions of Chapter 8.02.
C. In addition to any remedies provided in Chapters 8.02 and 8.04, the city may
institute an action in municipal or circuit court in the name of the city to abate, and
to temporarily and permanently enjoin, such nuisance. The court has the right to
make temporary and final orders as in other injunction proceedings. The city shall
not be required to give bond in such an action.
8.45.050 Violation
In addition to treatment as a nuisance, all violations of this title are subject to
punishment under the general penalty provisions in Chapter 1.16. Each day in
which a violation continues shall constitute a separate violation.
8.45.060 Conflict of Laws
In the event of any conflict between the provisions of this Ordinance and the
provisions of any other applicable state or local law, the more restrictive provision
shall control.
8.45.070 Severability
The sections, subsections, paragraphs and clauses of this Ordinance are
severable. The invalidity of one section, subsection, paragraph or clause shall not
affect the validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 2. 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
other 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.
Ordinance No. (C5/14/2C15)
CAP051415 Page No. 46
SECTION 3. 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 dates 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 May 2015.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agentla
Ordinance No. (05/14/2015)
CAP051415 Page No. 47
Ordinance
Amending the Zoning
Map for 3292 Grant
Road
CAP051415 Page No. 48
City of Central Point, Oregon CENTRAL Community Development
140 S 3rd Street, Central Point, OR 97502 Tom Humphrey, AICP
541.664.3321 Fax 541.664.6384 POINT Community Development Director
www.centralpointoregon.gov
REVISED STAFF REPORT
May 14, 2015
AGENDA ITEM: File No. 15002
Second Reading to consider a Zone (snap) Change application from Residential Single Farmly (R-1-10) to
Residential Single Fancily (R-1-8) for a 0.67 acre parcel located at 3292 Grant Road. The Project Site is
identified on the Jackson County Assessor's map as 37S 2W IOC Tax Lot 1900. Applicant: Chris
Lewellyn.
STAFFSOURCE:
Tom Humphrey, Community Development Director
BACKGROUND:
The applicant has requested a minor zone map amendment frmn R-1-10 to R-1-8 with the intent of
partitioning the subject property into three (3) parcels. As shown in Table 1, the proposed zone
change is needed to achieve the anticipated future density on this site.
Table 1. Proposed Zone Change
Zoning District
Minimum
Maximum
Density Units
Density Units
Current (R-1-10)
2 1.3
4 2.7
Proposed (R-1-8)
3 2.0
5 3.4
ISSUES & NOTES:
There are 4 issues/Notes relative to this application as follows:
Zoning Map and Zoning Code Text Amendments, CPMC Chapter 17.10. This municipal
code section provides standards and procedures for major and minor amendments to the
Central Point zoning map. In this case the application was initiated by the applicant and sole
owner of the subject property. The action is considered a `minor' amendment and is being
processed using Type III procedures. The amendment should be based on the following
criteria: 1) its consistency with the City's Comprehensive Plan, 2) findings demonstrating
that adequate public services and transportation networks will serve the property and 3)
compliance with the State's Transportation Planning Rule.
2. Comprehensive Plan Compliance. Approval of the proposed zone change must be found
consistent with the City's Comprehensive Plan Land Use Plan Map. The subject property has
a Comprehensive Plan designation of Low Density Residential, which is consistent with both
the existing R -I-10 and proposed R -I-8 zoning designations.
3. Compatibility with Surrounding Land Uses and Zoning. The subject property is
contiguous to lands zoned Residential Single Family (R -I-8) to the north, and Residential
Single Family (R-1-10) to the east and south. It should be noted that adjoining properties to
the east and south are within the Urban Growth Boundary under the County's jurisdiction.
CAP051415 Page No. 49
Lands west of Grant Road are outside of the UGB and are within the County's Rural
Residential (RR -2.5) zoning district. Although the proposed zone change provides for an
increase in residential density, the overall character will remain consistent with the
surrounding residential single family uses per CPMC 17.20.
4. Transportation Planning Rule (TPR) Compliance, OAR 660-012-0060. Criteria for TPR
compliance is addressed in the findings (Attachment B) demonstrating adequate public
services and transportation networks.
CONDITIONS OF APPROVAL:
Although a decision to approve a minor amendment may include conditions, staff has not identified
the need to impose any conditions at this time. This item was reviewed and discussed by the City
Planning Commission on March 5, 2015 and their unanimous recommendation of approval is
attached in Resolution No. 816 with findings (Attachment `B").
ATTACHMENTS:
Attachment `A"— Ordinance No. An Ordinance Amending the Central Point Zoning Map from
Residential Single Family (R-1-10) to Residential Single Family (R-1-8) on a 0.67
acre parcel located at 3292 Grant Road.
ACTION:
Consider the proposed amendment to the zoning map, and 1) approve the ordinance; 2) approve
the ordinance with revisions; 3) deny the proposal.
RECOMMENDATION:
Approve Ordinance No. An Ordinance Amending the Central Point Zoning Map from
Residential Single Family (R-1-10) to Residential Single Family (R-1-8) on a 0.67 acre parcel located
at 3292 Grant Road.
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CAP051415 Page No. 50
ORDINANCE NO.
AN ORDINANCE AMENDING THE CENTRAL POINT ZONING MAP AT 3292 GRANT
ROAD (0.67 ACRES) FROM RESIDENTIAL SINGLE FAMILY (R-1-10) TO
RESIDENTIAL SINGLE FAMILY (R-1-8).
(37S 2W 10C, TL 1900)
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 may
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 Code Text 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 March 5, 2015
b) City Council hearings on April 9, 2015 and May 14, 2015.
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.
CAP051415 Page No. 51
Section 3. The City Manager is directed to conduct post acknowledgement
procedures defined in ORS 197.610 et 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 2015.
Mayor Hank Williams
ATTEST:
City Recorder
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CAP051415 Page No. 52
Business
Park Commission
Report
CAP051415 Page No. 53
AParks & Recreation Department
STAFF REPORT CENTRAL
POINT
To: City Council Members
From: Jennifer Boardman, Central Point Parks and Recreation
Subject: Park Commission Review Meeting4/21/15
Date: 4/24/15
Items Discussed: Two topics on the agenda brought forward recommendations for city
council approval: Removal of the play structure in Cascade Meadows and setting
Community Christmas event day/time.
Cascade Meadows: Afterjust nine years of use and many issues with vandalism and
repair the play structure at Cascade Meadows Park has been broken beyond repair. The
high incidence of vandalism along with no longer being able to purchase replacement
parts as well as safety concerns led to the need to replace or remove this structure.
The Parks Commission after discussion determined that removal of the broken
equipment at Cascade Meadows Park would be the best course of action at this time.
They suggested that a small piece of equipment like a swing be put in place. This would
reduce the chances of vandalism due to the type of material used in swings and still
provide a play apparatus for neighborhood kids.
The Parks Department would remove the structure in July and then replace with a
smaller more vandal proof piece of equipment.
Community Christmas and Lights Parade: The Parks Commission would like to set
the date for Community Christmas and the Lights Parade for the first Saturday in
December. They felt that moving the date Tater in the month would put it too close to
Christmas and keeping it on Friday raises too many traffic concerns. They also felt that
it was pushing families to have the event on Friday. There had been talk about moving
the event to the EXPO and the Parks Commission would like to keep with tradition and
have the event in downtown Central Point with the tree lighting at City Hall.
Parks Commission Recommendation: Park Commission recommended removal of
the equipment at Cascade Meadows and moving Community Christmas to the first
Saturday of December.
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140 South Third Street Central Point, OR 97502 • 541.664.3321 Fax 541.664.6384
CAP051415 Page No. 54
Business
Planning Commission
Report
CAP051415 Page No. 55
7
City of Central Point, Oregon AL
TRR
140 S 3rd Street, Central Point, OR 975uz CENTRAL
541.664.3321 Fax 541.664.6384 POINT
www.centralpointoregon.gov
PLANNING DEPARTMENT MEMORANDUM
Date: May 14, 2015
To: Honorable Mayor & Central Point City Council
From: Tom Humphrey AICP, Community Development Director
Subject: Planning Commission Report
Community Development
Tom Humphrey, AICP
Community Development Director
The following item was presented by staff and discussed by both the Central Point Planning
Commission and the Jackson County Planning Commission at a special joint meeting on May
7. 2015.
A. Public Hearing to Consider a Resolution forwarding a favorable recommendation
to the City Council to Amend the Comprehensive Plan Map (Minor) to add
approximately 47 acres to the City of Central Point Urban Growth Boundary
(UGB) north of Interstate 5; east and west of Blackwell Road in the vicinity of the
Seven Oaks Interchange (Exit 35) including portions of Dean Creek Road. File No.
14009. The Community Development Department co -presented a private application
made by Combined Transport Logistics Group to the City and County Planning
Commissions. The proposal expands Central Point's UGB into Urban Reserve Area
CP -IB. Both Commissions supported the proposal as did various agencies and property
owners who were either asked or chose to comment.
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CAP051415 Page No. 56