HomeMy WebLinkAboutCAP082715Central 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
August 27, 2015
Next Res. 1433
Next Ord. 2014
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 - 9 A. Approval of August 13, 2015 Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. BUSINESS
11-26 A. Rogue Disposal Rate Adjustment for Green Waste
(Clayton/Penning)
28-29 B. Fourth of July Fun Run Accounting Donation (Clayton)
31-34 C. Sixth Street Pedestrian Crossing (Samitore)
36-42 D. End of Year Financial Statement (Adams)
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
44-49 A. First Reading— An Ordinance Amending Title 6 Animals
to allow Beekeeping within the City Limits
(Humphrey\Holtey)
50-51 B. First Reading — An Ordinance Amending Section
8.04.090 to Allow Beekeeping within the City Limits
(Humphrey/Holtey)
53-56 C. Resolution No. , A Resolution to Request Jurisdictional
Exchange of Portions of East Pine Street and Beebe Road (Samitore)
58-87 D. Ordinance No. , An Ordinance Amending Central Point
Municipal Code Chapter 17 Zoning Sections to Correct Errors and
Inconsistencies (Humphrey)
W. MAYOR'S REPORT
X. CITY MANAGER'S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. EXECUTIVE SESSION
The City Council may adjourn to executive session under the provisions of ORS 192.660.
Under the provisions of the Oregon Public Meetings Law, the proceedings of an
executive session are not for publication or broadcast.
XIV. ADJOURNMENT
Consent Agenda
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City of Cenbal Point
City Council Minutes
August 13, 2015
Page 1
CITY OF CENTRAL POINT
CITY Council Meeting Minutes
August 13, 2015
I. REGULAR MEETING CALLED TO ORDER
Mayor Hank Williams called the meeting to order at 7:00 p.m.
If. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Bruce Dingler, Brandon Theuson, Taneea
Browning, Rick Samuelson and Mike Quilty were present. Allen
Broderick, excused.
City Manager Chris Clayton; Police Captain Dave Croft; Attorney Dan O'Connor,
Fire Chief Dan Peterson; Community Development Director Tom Humphrey;
Parks and Public Works Director Matt Samitore and Planning Secretary Karin
Skelton were also present.
IV. PUBLIC APPEARANCES
Kay Harrison, resident of Central Point
Ms. Harrison commented that the Community garden at Don Jones park has been a
great success, not only in growing produce, but in bringing the community together.
Dan Peterson, Fire Chief for Jackson County Fire District 3 provided the Council
with copies of the Mid -Year Performance Report. He explained that their target response
time is seven to ten minutes. They will be putting in a temporary facility on Table Rock
Road to serve the east side of Central Point.
V. CONSENT AGENDA
A. Approval July 16, 2015 Council Meeting.
Mike Quilty moved to approve the Consent Agenda as presented. Brandon
Theuson seconded. Roll Call: Mayor Williams, yes; Bruce Dingler, yes; Rick
Samuelson, yes; Brandon, Theuson, yes; Mike Quilty, yes; Taneea Browning, yes.
Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA— None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Resolution No. 1431, A resolution Approving a Franchise Agreement
Between the City of Central Point and rogue Valley Sewer Services.
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City Council Minutes
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Page 2
City Manager Chris Clayton explained that this began at the beginning of the year, and
at that time there were legal issues pending as to whether Cities had authority to
implement sanitary sewer special district or not. While the courts were contemplating
that the City pass a general license ordinance which basically licensed utilities that were
not operating in the city on a franchise agreement. It contained a provision for a utility to
negotiate a franchise with the city. We have been through a number of versions of the
franchise agreement with RVSS while waiting for the Oregon Supreme Court to Rule on
this. They affirmed both lower court's decisions that cities can implement a franchise
agreement on a sanitary sewer district. We have now have a final agreement. The start
date has been moved to September 1, 2015 so that RVSS 's board can meet and review
the final agreement next week.
Bruce Dingier made a motion to approve Resolution No. 1433, a Resolution
Approving a Franchise Agreement between the City of Central Point and Rogue
Valley Sewer Services. Taneea Browning seconded. Roll call: Mayor Williams, yes;
Bruce Dingler, yes; Rick Samuelson, yes; Brandon Theuson, yes; Mike Quilty, yes;
Taneea Browning, yes. Motion passed.
B. Resolution No. 1432 A Resolution Declaring the City Council's Intent to
Initiate an Amendment to the Central Point Urban Growth boundary (UGB)
and the Comprehensive Plan (MAP) to Add Land From the City's Urban
Reserve Area (URA) CP -3 For Job Creation and Open Space Preservation In
The city of Central Point.
Community Development Director Tom Humphrey stated that URA CP -3 is located
south of the Family Fun Center and includes land on both sides of Bear Creek and was
identified in the Regional Plan mostly for open space and employment based land uses.
He stated we have received a request to pursue a UGB amendment. Mr. Humphrey
said that a private party cannot initiate an amendment but they can approach the City
who can initiate the process by resolution. Should the council approve the Resolution
they would direct staff to begin the Comprehensive Plan amendment process. He
informed the council that the Planning Department is currently Developing a Conceptual
Plan for this area. 48 acres would be involved. It would include 58% open space and
42% would be employment based.
Mayor Williams stated he thought it was a reasonable proposal. He added that he had
received information from the head of the DLCD that the process for expanding a City's
UGB for residential land use would be streamlined in January 2016 and that it would be
worthwhile to wait to expand for residential uses until after those changes took place.
Brandon Theuson moved to approve Resolution 1432 A Resolution Declaring the
City Council's Intent to Initiate an Amendment to the Central Point Urban Growth
boundary (UGB) and the Comprehensive Plan (MAP) to Add Land From the City's
Urban Reserve Area (URA) CP -3 For Job Creation and Open Space Preservation In
The city of Central Point. Mike Quilty seconded. Roll call: Mayor Williams, yes; Bruce
Dingler, yes; Rick Samuelson, yes; Brandon Thueson, yes; Mike Quilty, yes; Taneea
Browning, yes. Motion passed.
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City Council Minutes
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C. First Reading - An Ordinance Amending Central Point Municipal Code
Chapter 17 Zoning Sections to Correct Errors and Inconsistencies.
Community Development Director Tom Humphrey stated that as development in the City
occurs, inconsistencies in the Code are noted. He said that periodically those
inconsistencies are assembled and brought to the Planning Commission and the City
Council for change. There are 11 amendments presented for Chapter 17. All of the
amendments are administrative and necessary for the clear, concise, and consistent use
of the Zoning Ordinance. The amendments do not result in policy changes.
Mr. Humphrey added that there was an additional change that he noticed this afternoon
regarding the cost for a Conditional Use Permit. The Code section refers people to an
adopted fee schedule, however there was language left in the code referencing fee of
$100. This reference should be removed from the code and will be added for the second
reading.
Public hearing opened, no one came forward and the Public Hearing was closed.
Mike Quilty made a motion to move to second reading an Ordinance Amending
Central Point Municipal Code Chapter 17 Zoning Sections to Correct Errors and
Inconsistencies including new section 12. Rick Samuelson seconded. Rall call:
Mayor Williams, yes; Bruce Dingler, yes; Rick Samuelsson, yes; Brandon Thueson, yes;
Mike Quilty, yes; Taneea Browning, yes. Motion passed.
VIII. BUSINESS
A. Discussion Regarding Beekeeping in the City Limits
Community Development Director Tom Humphrey introduced an ordinance regarding
Beekeeping in the City Limits. He stated that there have been inquiries from citizens
about keeping bees inside the city limits. Stephanie Holtey prepared a provisional
ordinance for discussion. She researched ordinance examples from Ashland and
Medford and HB 2653 that the governor is considering which establishes processes for
beekeeping in residential areas. The sample ordinance identifies the number of hives
permitted, location of hives on property, equipment requirements, maintenance and
registration with the City.
Mayor Williams asked for any comments from the public.
John Bickel resident of Central Point
Mr. Bickel is in favor of changing that code to allow for beekeeping. He would love to be
able to keep bees on his property.
Jesse Botens resident of Central Point.
Mr. Botens stated he has been keeping bees on and off for 20 years. He stated bees are
well suited to an urban environment. He provided some statistics about stinging insects
in general to support the fact that bees are not dangerous. He also said that is was fairly
expensive to set up beekeeping on properly so people who were not serious about it
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City of Cenbal Point
City Council Minutes
August 13, 2015
Page 4
would not be likely to start. He said that bees are an asset to the community for
pollination of gardens.
Ellen Wright a resident of Ashland
Ms. Wright stated that she is member of Southern Oregon Beekeepers. Bees are an
asset to a community and an urban environment is a good place for bee hives. She
wanted to support what the other citizens said about bees being good for local gardens
and agricultural areas. She assured the Council that bees were not dangerous and
though people can be allergic to their stings, only 3% of the population is actually allergic
to the point where it would be dangerous.
Mr. Humphrey asked about the "screening" mentioned in the provisional ordinance. Ms.
Wright explained that if the hives are directly in line with a fence or a hedge, they will fly
up high to go over it and they will stay high and be less likely to bother neighbors.
John Jacob Rogue River resident
Mr. Jacob wanted to reiterate that bees are an asset to the community and good for the
economy and having skilled beekeepers available for any emergency situations is an
asset. He stated that it would be beneficial for Central Point to also look at the bee
ordinances of Albany, Salem, Molalla, McMinnville and Kaiser. These cities all deal with
beekeeping issues through their nuisance provision in their Code. He knows of no
complaints about bees to date.
Chelsea Faris Central Point Resident
Ms. Faris spoke on behalf of Rogue Creamery. They would support beekeeping in
Central Point. Currently Rogue Creamery supports 50 hives on about 100 acres in
Grants Pass. She stated she had been actively involved in the care of the bees and
found it has been a very interesting experience.
Mike Quilty made a motion to direct staff to research the beekeeping ordinances
of other cities and prepare an updated ordinance for Council's consideration.
Taneea Browning Seconded. Roll call: Mayor Williams, yes; Bruce Dingier, yes; Rick
Samuelson, yes; Brandon Thueson, yes; Mike Quilty, yes; Taneea Browning, yes.
Motion passed.
B. 2015 Street Inlay/Preservation Project Bid
Parks and Public Works Director Matt Samitore stated that the only bid received was
from Knife River Inc. the estimate was $255,000 and their bid was $253,525. A question
was asked why there was only one bid. Mr. Samitore answered that when the recession
happened the other three paving contractors in the valley went under and there is really
no other company around here that can pave large jobs.
Brandon Thueson made a motion to approve the bid of Knife River, Inc. in the
amount of $253,525. Rick Samuelson seconded: Roll call:. Roll call: Mayor Williams,
yes; Bruce Dingler, yes; Rick Samuelson, yes; Brandon Thueson, yes; Mike Quilty, yes;
Taneea Browning, yes. Motion passed.
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City Council Minutes
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C. Baffle of the Bones Financial Report
Matt Samitore informed the Council that the total profit from Battle of the Bones (BOB)
was $3,860.90. He stated that they were able to track attendance through the payment
schedule and found that when the temperature was in the low 90's or below, attendance
was normal. As soon as the temperature hi 95 or so, attendance dropped dramatically.
He said there were 25 competitors in the Battle of the Bones competition. All the
vendors gave positive feedback. The Council brought up the subject of providing water
at the event. Mr. Samitore said that they were not able to obtain a water station this year
but they would make sure to reserve that station for next year.
Mayor Williams made a motion to donate $3,860.90 to the Parks Foundation.
Taneea Browning seconded. Roll call: Mayor Williams, yes; Bruce Dingier, yes; Rick
Samuelson, yes; Brandon Thueson, yes; Mike Quilty, yes; Taneea Browning, yes.
Motion passed.
D. Discussion of the Impacts of HB3400 on City's Current Ordinances and
Marijuana Tax
City Attorney Dan O'Connor introduced a discussion of the impacts of HB 3400 on the
City's current ordinances and marijuana tax. He stated SB 460 was signed by the
Governor on July 28, 2015 allowing dispensaries to sell recreational marijuana
temporarily beginning October 1, 2015. Under SB 460 if we did have any dispensaries in
the City we could adopt an ordinance prohibiting the selling of recreational marijuana.
HB 3400 makes it clear that the legislature controls the taxation and regulation of
marijuana. In Central Point if the Council wants to adopt an ordinance prohibiting the
sale of recreational marijuana it would have to be referred to the voters at the next
general election. Also it allows the Cities to impose a tax not to exceed 3% and that
would also have to be referred to the voters.
City Manager Chris Clayton Informed the Council that at this time Central Point has
adopted a tax treating medical and recreational marijuana the same. It put a cap on the
tax of up to 25% and the actual rate would be set by Council Resolution. He said that he
and the City Attorney had discussed it and at this time even though there are not
dispensaries in the City they would recommend having the Council set the rate at 3% by
resolution and forward that for voter approval. The council was clear when that was
adopted the original ordinance that the tax was to offset public safety issues. Should
Central Point have any dispensaries in the future there would be something in place.
Mr. O'Connor stated that the City's ordinance regulating personal grows in consistent
with HB 3400 in that it allows grows in all zones and does not limit the amount of
marijuana grown or possessed. It simply requires indoor grows, which should continue
to be a reasonable time place manner restriction.
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City Council Minutes
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Page 6
He stated that HB 3400 sets out new plant caps for medical marijuana, the new limit for
residential zones is a maximum of 12 plants, regardless the number of cards, unless
they were growing more than 12 plants on prior to December 31, 2014. They can
continue to grow that number of plants.
Chris Clayton mentioned the statewide tax revenue sharing. He said that for the first two
years of the program the tax proceeds would be shared statewide based on population.
After that 2 year period, it would be shared only with cities that have dispensaries. He
added that we have dispensary restrictions in place that we worked very hard on and it
doesn't appear that HB3400 is going to require us to make any changes to what we
have in place. Although the idea of the tax sharing ending after 2 years for any cities not
housing marijuana dispensaries seems not right, as those cities will still be affected by
people using marijuana and it will have an impact on the public safety.
Tom Humphrey stated that although there have been inquiries, at this time there are no
applications for dispensaries in the City.
IX. MAYOR'S REPORT
Mayor Williams reported he had attended a Water Commission Meeting regarding rate
study. A consultant they hired found numerous errors in the study.
• He attended the Oregon Mayor's Conference where he was awarded 2015 Large City
Leadership Award.
• He said there was a lot of discussion regarding marijuana.
• He said the Jackson County Fair did quite well this year. He attended their pre fair
dinner
• He attended the ground breaking at Jackson County Justice Court Building.
• He attended Quality Fence's 501h celebration.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
• Workshop with Medford Water Commission was productive. He was very impressed
with the consultants.
• His weekly briefing will be going out tomorrow.
• SOREDI has a site consultant tour coming up at the end of the month
• We had the Destination Boot Camp workshop on Tuesday
• Chambers greeters is here 8/18 in the morning
• Article tomorrow in the Mail Tribune about Costco considering a site in Central Point.
XI. COUNCIL REPORTS
Council Member Mike Quilty reported that:
Attended an MPO meeting last month. There is concern over Medford UGB that they
are proposing to bring in and the lack of transportation detail.
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City of Cenbal Point
City Council Minutes
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RVCOG has an opportunity to apply for a grant looking at Brownfield sites. There is no
up front cost to the City or a required match.
Council Member Brandon Thueson reported that:
• He attended the study session
• There was a meeting scheduled for the Joint Parks Commission which was continued to
next month. They are seeking volunteers to walk the greenway to remove puncture
vine.
Council Member Rick Samuelson reported that:
• He thought the fair did well this year
• Attended neighborhood meet and greet session
• Attended the Destination Boot Camp meeting. Thought it was very well done. Good for
the business owners coming together and brainstorming.
Council Member Bruce Dingier reported that he attended the study session.
Council Member Taneea Browning reported that she attended:
• the sneak preview for the fair.
• the dirt booth at the fair for 5 days
• the Chamber Mixer
• the Quality Fence 50"
• the Destination Boot Camp seminar
• the groundbreaking for the Justice Court
• the Executive Director position at the Chamber
XII. DEPARTMENT REPORTS
Community Development Director Tom Humphrey reported that:
• Environmental Assessment.
• Destination Boot Camp went well. It was probably the best group yet. Another
conference call with Mr. Shallert will be in September for anyone who would like to
participate.
• We do have a pre application meeting with people from Costco regarding interest in a
site in Central Point.
Captain Dave Croft reported that:
• Approximately $4,900 was raised at the Dare Cruise August 1, 2015.
• January 30" Citizens event went well. Prior to that even Chief Allison and he took
several citizens on a ride along and identified areas of concern. Fallow -up has been
done, with Dereck More talking to property owners, and increased patrols in those areas.
• Detective Abbott was selected for the Detective process
• Cameron Cunningham our new community service officer will be starting Monday
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City of Cenbal Point
City Council Minutes
August 13, 2015
Page 8
• The recent homicide was a great group effort. Officer Munoz and Officer Jones were
able to have a suspect in custody very quickly.
• The 4" Annual Central Point Open House with Fire District 3 will be on September 12".
Parks and Public Works Director Matt Samitore reported that:
• A few Friday night events had to be cancelled because of the smoke
• Freeman Road will be graveling and doing curbs. They will be paving at the end of
September.
XIII. EXECUTIVE SESSION - None
XIV. ADJOURNMENT
Brandon Thueson made a motion to adjourn. Mike Quilty seconded. All members said "aye".
Meeting adjourned at 9:00.
The foregoing minutes of the August 13, 2015 council meeting were approved by the city
Council at its meeting of August 27, 2015
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
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CAPaazn s Page 9
Business
Rogue Disposal
Green Waste
Discussion
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A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street- Central Point, OR 97502-(541)664-7602- www.centraIpointoregon.gov
STAFF REPORT
August 27", 2015
AGENDA ITEM: Review of Rogue Disposal & Recycling's Green Waste Program Rates.
STAFF SOURCE:
Chris Clayton, City Manager
BACKGROUND/SYNOPSIS:
The Franchise Agreement between the City of Central Point and Rogue Disposal allows for special
rate review under section 7.3. Any proposed rate adjustment under section 7.3 must be reviewed by
the City to ensure accuracy and that all the provisions of the franchise agreement are met.
Additionally, the City Council must authorize any rate adjustment considered under section 7.3 of
the solid waste franchise agreement.
FISCAL IMPACT:
green waste program rate increase would impact rates as
Current green waste program rates:
• $4.50/per month (with garbage service) - $5.77 (without garbage service).
Proposed green waste program rates:
• $6.50/per month (with garbage service) - $8.33 (without garbage service).
This rate adjustment reflects an increase of approximately 45%.
Note: Rogue Disposal & Recycling's green waste program is optional and is currently used by
2,869 customers in the City of Central Point. As reference, the City's current number of utility
account customers is approximately 6,500.
ATTACHMENTS:
I. Rogue Disposal & Recycling notification letter.
2. Rogue Disposal & Recycling franchise agreement (section 7).
3. 2007 Rogue Disposal & Recycling franchise agreement renewal ordinance.
RECOMMENDATION:
I. Provide additional comments to Rogue Disposal and Recycling on their proposed Green
Waste Program and Rates.
2. Approve Rogue Disposal and Recycling's green waste rate adjustment.
CAP082715 Page 11
PUBLIC HEARING
No
SUGGESTED MOTION:
I move to approve (or reject) Rogue Disposal and Recycling's 2015 proposed green waste program
rate adjustment.
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CAP082715 Page 12
August 13, 2015
Mr. Christopher Clayton, City Administrator
City of Central Point
140 South Third Street
Central Point, OR 97502
Re: Rogue Disposal & Recycling, Inc.
Special Rate Review Request
Dear Mr. Clayton:
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PC Bax 3187
Central Point OR 97502
541 7791161
Fax 541 779 4366
Please accept this letter as our request for a Special Rate Review under section 7.3 of the Solid
Waste Collection Franchise Agreement effective January 1, 1996, between the City of Central Point and
Rogue Disposal and Recycling, Inc. ("F ). We are requesting an increase on our optional subscription
green waste program, effective January 1, 2016.
The green waste program was established in 1999 initially as a pilot program in order to increase
RDR's landfill waste diversion efforts. The initial rate for this pilot program was $35O per month, and
that rate has never been adjusted to reflect changes in the cost of providing the service, It has only had
CPI adjustments applied, beginning in 2007. The City of Central Point has approximately 2,869
subscribers.
The cost of service analysis ('COSA") done by our independent CPA shows that green waste rates
are significantly below what they need to be for providing this service. However, as with the initial
program, charging customers the full cost of service for green waste could cause customers to abandon
the service, reduce diversion rates, and increase green waste going to the landfill; all negative
consequences. To avoid these negative consequences, RDR is asking for a green waste rate increase for
an amount that we believe will meet with market acceptance without causing significant loss in
customer participation, thus allowing the program to return to financial sustainability while preserving
our waste diversion policy objectives. The proposed rate is also consistent with the rates charged by
other haulers in our region, and around the state.
The green waste rate is currently $4.50 per month for customers who are on garbage service,
and $5.77 without garbage service. The requested increase would result in the following new rates;
$6.50 per month for customers who are on garbage service, and $8.33 without garbage service.
In conclusion, we respectfully request that the City authorize Rogue Disposal & Recycling, Inc. to
increase its subscription green waste program rates, effective January 1, 2016.
Thank you for the privilege of serving the City of Central Point.
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Sincerely,
Wendel Smith \
General Manager
Rogue Disposal and Recycling, Inc.
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CAP082715 Page 14
Notwithstanding any other provision of this Agreement or the Approved Service Rate Schedule as
in effect from time to time hereunder, the Contractor shall be entitled to charge its Customers for the
Collection of Special Waste such fees and charges as shall be negotiated between and agreed upon
by the Contractor and the Customer generating such Special Waste.
ARTICLE 7
SERVICE RATES AND REVIEW
This Article provides the basis for the Contractor's rates under this Agreement and outlines the rate
review process and the associated performance audit. The initial rates are set forth in the Approved
Service Rate Schedule included as Exhibit C, which initial rates are those established by City
Council Resolution No. 7112. The Approved Service Rate Schedule will be revised from time to
time as follows:
(1) At the written request of the Contractor made no later than January I, 1997, the City and
the Contractor shall conduct the Initial Rate Review in accordance with Section 7.2 hereof.
Following such rate review, the Approved Service Rate Schedule will be adjusted if
approved by resolution of the City Council.
(2) As provided in Section 7.5 hereof, an annual adjustment to the Approved Service Rate
Schedule will be done in accordance with the Annual Rate Adjustment Formula set forth in
Section 7.5.
(3) The Approved Service Rate Schedule will also be adjusted if approved by resolution of
the City Council following a Requested Rate Review conducted at the request of either party
in accordance with Section 7.2 hereof.
(4) Unless the City and the Contractor otherwise agree in writing, the Approved Service
Rate Schedule will be adjusted on each Fifth Anniversary if approved by resolution of the
City Council following of a Fifth Anniversary Rate Review conducted in accordance with
Section 7.2 hereof, which Fifth Anniversary Rate Review shall be accompanied by a
Performance Audit conducted in accordance with Section 7.4 hereof.
(5) The Approved Service Rate Schedule will be adjusted if approved by resolution of the
City Council following a Special Rate Review conducted in accordance with Section 7.3
hereof.
In connection with the annual adjustment as described in (2) above and in connection with
a rate review undertaken as described in (1), (3), (4) or (5) above, the Contractor will be responsible
for submitting various operational and cost data to the City as specified in this Article. In connection
with any adjustment to the Approved Service Rate Schedule as provided in this Article, the parties
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0 0
and prepare and sign a revised Exhibit C incorporating such adjusted Approved Rate Schedule, and
such revised Exhibit C shall thereafter supersede and replace the Exhibit C theretofore in effect.
7.1.1 Rules for Adjustments to Approved Service Rate Schedule.
A. Basic Rule. The Approved Service Rate Schedule shall be adjusted from time to time
in accordance with the procedures set forth in this Agreement so that, based upon the information
available at the time of adjustment and reasonable assumptions about the future costs of providing
the services required hereunder, Contractor shall derive from its operations within the Franchise
Area, Gross Revenues in an amount sufficient to: (1) cover all Allowable Expenses and Pass -
Through Expenses; plus (2) produce an additional amount equal to the Operating Margin.
B. Special Provisions Regarding Tip Fee In Connection With Rate Reviews.
Notwithstanding the provisions of Section 7.I.I.A or anything else expressed or implied herein to
the contrary, for the purpose of adjusting the Approved Service Rate Schedule in connection with
the Initial Rate Review, each Fifth Anniversary Rate Review and any Requested Rate Review or
Special Rate Review (if such Special Rate Review involves review of Disposal Costs), Allowable
Expenses shall be calculated using the Base Tip Fee and Pass -Through Expenses shall include the
Excess Tip Fee.
7.1.2 Rate Categories.
In connection with each adjustment in accordance with the procedures set forth in this Agreement,
the Approved Service Rate Schedule shall establish rates for each Rate Category in accordance with
the provisions of this Section 7.1.2.
A. Basic Allocation of Gross Revenue Requirement Among Rate Categories. For
purposes of determining the Approved Service Rate Schedule resulting from any adjustment
pursuant to the terms of this Agreement, the total amount of the Gross Revenues required shall be
allocated among the Rate Categories as proposed by the Contractor and approved by the City.
Notwithstanding any other provision of this Agreement, the Approved Service Rate Schedule shall
be established, modified and adjusted from time to time in a manner such that, based on the
Contractor's estimate of its Customer base and the amount of service that will be requested under
each Rate Category, the amounts collected under all Rate Categories shall be sufficient to generate
Gross Revenues as required under Section 7.1.1.
B. Allocation of Rate Adjustments due to Changes in Allowable Expenses or Pass -
Through Expenses. Any adjustment to the Approved Service Rate Schedule that results from an
adjustment to Allowable Expenses or Pass -Through Expenses shall, to the extent practicable or
appropriate, be made on an equal pro -rata basis across all Rate Categories; provided that.
(i) any increase in rates due to a Pass -Through Expense shall be limited to the Rate
Categories for services or for Customers, as applicable, with respect to which the Pass -
Through Expenses are imposed on, or to be collected by, the Contractor; and
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(ii) where possible, rate adjustments due to an Allowable Expense increase shall be
limited to the Rate Categories for services to which the Allowable Expense is attributable.
Notwithstanding the foregoing, the Contractor will cooperate with the City to make any other
allocation of rate adjustments across the various Rate Categories as may be reasonably requested
by the City so long as, based on the Contractor's estimate of its Customer base and the amount of
service that will be requested under each Rate Category, the rates collected under all Rate Categories
pursuant to the resulting Approved Service Rate Schedule will be sufficient to generate Gross
Revenues as required under Section 7.1.1.
7.2 Periodic Rate Reviews
A. Initial, Fifth Anniversary and Requested Reviews. The Approved Service Rate
Schedule provided in Exhibit C as in effect on the Effective Date of this Agreement shall continue
in effect until subsequently adjusted either as a result of the annual adjustment in accordance with
the Annual Rate Adjustment Formula set forth in Section 7.5 as provided for in Section 7.4 hereof
or as a result of City Council approval of such adjustment following a rate review pursuant to
Section 7.2 or Section 7.3 hereof.
Not later than January 1, 1997, Contractor shall provide to the City a written request to
commence the Initial Rate Review (the date of such written request being herein called the "Initial
Request Date"). Immediately following the Initial Request Date, the City and the Contractor shall
conduct the initial rate review (herein called the "Initial Rate Review") in accordance with this
Section 7.2. On the Initial Request Date, the Contractor shall provide to the City the information
needed for the Initial Rate Review. Within 45 days of the date upon which the Contractor provides
the City with the information needed for the Initial Rate Review, the City shall notify the Contractor
in writing as to whether the City accepts such information as complete or specifying any respect in
which the City deems such information incomplete or deficient. Failure of the City to so notify the
Contractor within such 45 day period that the information is incomplete or deficient shall constitute
acceptance by the City of such information as complete, which deemed acceptance shall be effective
as of such 45th day. The City staff shall review such information and complete all its deliberations
in connection therewith within 45 days from the date of acceptance or deemed acceptance by the
City of the information provided by the Contractor. Not later than the next regularly scheduled City
Council meeting following the end of such 45 day period, the City staff shall place on the City
Council meeting agenda a presentation of its recommendations for consideration by City Council,
and the City Council shall thereafter act without undue delay to approve or disapprove any proposed
adjustment to the Approved Service Rate Schedute. Upon the request of the City or the Contractor,
the foregoing time periods may be extended for such additional period of time as the parties shall
mutually agree.
Unless otherwise agreed to in writing by the City and the Contractor, a rate review (herein
called a "Fifth Anniversary Rate Review") shall be conducted by the City and Contractor so as to
make any necessary adjustment to the Approved Service Rate Schedule effective as of each Fifth
Anniversary. 'Phe Contractor shall provide to the City the information needed for a Fifth
Page 17
Anniversary Rate Review not less than 135 days prior to the related Fifth Anniversary. Within 45
days of the date upon which the Contractor provides the City with the information needed for the
Fifth Anniversary Rate Review, the City shall notify the Contractor in writing as to whether the City
accepts such information as complete or specifying any respect in which the City deems such
information incomplete or deficient. Failure of the City to so notify the Contractor within such 45
day period that the information is incomplete or deficient shall constitute acceptance by the City of
such information as complete, which deemed acceptance shall be effective as of such 45th day. The
City staff shall review such information and complete all its deliberations in connection therewith
within 45 days from the date of acceptance or deemed acceptance by the City of the information
provided by the Contractor. Not later than the next regularly scheduled City Council meeting
following the end of such 45 day period, the City staff shall place on the City Council meeting
agenda a presentation of its recommendations for consideration by City Council, and the City
Council shall thereafter act without undue delay to approve or disapprove any proposed adjustment
to the Approved Service Rate Schedule. Upon the request of the City or the Contractor, the foregoing
time periods may be extended for such additional period of time as the parties shall mutually agree.
A rate review (herein called a "Requested Rate Review") shall be conducted by the City and
the Contractor at any time at the written request of either party (the date of any such written request
being herein called the 'Request Date"). The Contractor shall provide to the City the information
needed for a Requested Rate Review within 90 days following the Request Date. Within 45 days
of the date upon which the Contractor provides the City with the information needed for the
Requested Rate Review, the City shall notify the Contractor in writing as to whether the City accepts
such information as complete or specifying any respect in which the City deems such information
incomplete or deficient. Failure of the City to so notify the Contractor within such 45 day period
that the information is incomplete or deficient shall constitute acceptance by the City of such
information as complete, which deemed acceptance shall be effective as of such 45th day. The City
staff shall review such information and complete ail its deliberations in connection therewith within
45 days from the date of acceptance or deemed acceptance by the City of the information provided
by the Contractor. Not later than the next regularly scheduled City Council meeting following the
end of such 45 day period, the City staff shall place on the City Council meeting agenda a
presentation of its recommendations for consideration by City Council, and the City Council shall
thereafter act without undue delay to approve or disapprove any proposed adjustment to the
Approved Service Rate Schedule. Upon the request of the City or the Contractor, the foregoing time
periods may be extended for such additional period of time as the parties shall mutually agree.
B. Information Required for Rate Reviews. In connection with the Initial Rate
Review, each Fifth Anniversary Rate Review and each Requested Rate Review, each of the
following items shall be provided by Contractor to the City at no expense to the City, and in the
to= prescribed by this Agreement:
(i) To the extent not previously provided to the City, audited financial statements for the
three years immediately preceding the year in which the rate review is conducted,
which financial statements shall show the Gross Revenue derived by Contractor from
27
CAP082715 Page 18
the service provided by it in the Franchise Area pursuant to this Agreement separate
from the revenues derived by Contractor from any and all other Contractor
operations.
(ii) Gross Revenues and Franchise Expenses for the prior three fiscal years by program,
Gross Revenues and Franchise Expenses to date for the current fiscal yew by
program, and projected Gross Revenues and Franchise Expenses for the remainder
of the current year and ensuing three (3) years by program.
(iii) Number of customers and bad debts in each Rate Category.
(iv) Total costs and allocation methods for Franchise Expenses shared with non -franchise
services, operations or activities.
(v) To the extent not already provided above or disclosed in the Contractor's audited
financial statements previously presented to the City, related party transactions
between the Contractor and its affiliates as determined in accordance with generally
accepted accounting principles.
(vi) Organization chart reflecting current staffing, job description and salary schedules.
(vii) Contractors depreciation and equipment replacement schedules.
(viii) Schedule of rates charged at each Disposal Site used by the Contractor along with
tonnages disposed at each Disposal Site .
(ix) A survey of collection rates of and services provided by certain other collection and
disposal companies to be agreed upon by City and Contractor.
(x) Operational data for the services to be provided by Contractor under this Agreement.
(xi) A proposed service fee (rate schedule) for each Rate Category, together with a
rationale for how these rates were determined based an the Contractor's calculated
Franchise Expenses and Operating Margin and the number and type of services
within each Rate Category.
(xii) Such other information as the City or the Contractor may deem necessary.
C. Rate Review Process. In connection with each rate review under this Section 7.2,
any proposed adjustments to the Approved Service Rate Schedule shall be considered by the City
Administrator, who shall thereafter make a recommendation to the City Council regarding the
proposed adjustment, which recommendation shall propose an adjustment in accordance with the
terms, provisions and requirements set forth in this Agreement. The City Administrator shall do the
following in reviewing a proposed adjustment to the Approved Service Rate Schedule:
3-
CAP082715 Page 19
0 0
(i) Take into consideration the Franchise Expenses, any performance incentives and
sanctions, rate comparability, and the reasonableness of costs and other information
as the City Administrator determines to be appropriate. As used in this subsection,
performance incentives and sanctions refer to aroungements that the City and the
Contractor may enter into in the future such as: an incentive to the provider of a
Recycling service to allow the service provider to keep an increasing percentage of
revenues as larger amounts (or a wider range) of materials are Recycled; or a
sanction consisting of liquidated damages, as specified in a written agreement, that
are assessed against the service provider for failure to meet specified diversion goals.
(ii) When determining the amount of Gross Revenues required to be produced by the
Approved Service Rate Schedule, use the following equation:
Gross Revenues = (Franchise Expenses) + (Operating Margin)
D. City Council Approval. Upon receipt of the City Administrator's recommendation,
the City Council of City shall determine whether to approve by resolution any change in the
Approved Service Rate Schedule.
7.3 Special Rate Review
A. Application by Contractor. Contractor may apply to City for consideration of a
special rate review (herein called a "Special Rate Review") should any of the following occur:
1. Increased Franchise Expenses caused by Force Majeure events.
2. Changes to operations are mandated by the City as permitted under Section 5.1 of
this Agreement or an increase in the Franchise Fee initiated by the City pursuant to
Section 4.3.A. hereof.
3. Disposal Costs change by more than 110% of the Consumers Price Index Change for
any period of 12 consecutive months.
4. A substantial increase in the number of Waste Generators within the Franchise Area,
whether caused by Customer growth and/or annexation, to the extent such increase
causes the Contractor to incur increased or additional capital expenditures.
5. Any fluctuation in the markets or market price for Recyclable Materials, unforeseen
increases in the cost of Collection, handling, processing, staring, transporting,
marketing, or sale or other disposition of Recyclable Materials, or the need for
increased promotional or educational activities pertaining to recycling or any changes
to the definition of ''Recyclable Materials" set forth in ORS 459.005 (19).
29
CAP082715 Page 20
The Contractor desires to provide additional new services or the City requests the
Contractor to provide any additional new services, or the Contractor desires or the
City requests the Contractor to change the method of providing, or the technology
used to provide, existing services under this Agreement.
Changes in Disposal methods or sites mandated by any political body which may
now or in the future have legal jurisdiction, but only if such changes in Disposal
methods or sites result in increased Franchise Expenses other than Disposal Costs.
8. The occurrence of anv other event or the development of any other circumstances
that the City and the Contractor mutually agree should be the subject of a Special
Rate Review.
Upon receipt by the City of a request from the Contractor for a Special Rate Review, the City may,
in its discretion, initiate a Requested Rate Review pursuant to Section 7.2.A. hereof, in which event
the parties shall proceed with such Requested Rate Review in lieu of the Special Rate Review
requested by the Contractor.
B. Scope of Special Rate Review. Should Contractor request a Special Rate Review,
the City and the Contractor will only review and consider: (i) those items of Franchise Expenses
related to the ch cumstance(s) which warrant consideration of a Special Rate Review, as specified
above, and (ii) those Additional Items of Franchise Expenses (as defined in Section 7.3.C. below),
if any, that the City or the Contractor, in accordance with Section 7.3.C. below, may request be part
of such Special Rate Review.
C. Procedures for Special Rate Review. A Special Rate Review shall be conducted
by the City and the Contractor at any time at the written request of the Contractor (the date of any
such written request being herein called the "Special Rate Review Request Date"). In connection
with making a written request for a Special Rate Review, the Contractor shall provide to the City the
information relevant to consideration of such Special Rate Review. Within 45 days of the Special
Rate Review Request Date, the City shall notify the Contractor in writing as to whether the City: (i)
accepts such information as complete or specifying any respect in which the City deems such
information incomplete or deficient; and (ii) requests that any Additional Item of Franchise Expenses
(as defined below) be reviewed and considered as pan of such Special Rate Review. If the City
requests that any Additional Items of Franchise Expense be so considered and reviewed, the
Contractor, at its option, may also add Additional Items of Franchise Expense to be reviewed and
considered as part of such Special Rate Review. Failure of the City to so notify the Contractor
within such 45 day period that the information is incomplete or deficient or request that any such
additional items be reviewed and considered as part of such Special Rate Review, shall constitute
acceptance by the City of such information as complete and/or to waive any right to request that any
such additional items be reviewed and considered as part of such Special Rate Review, which
deemed acceptance and/or waiver shall be effective as of such 45th day. The City staff shall review
such information and complete all its deliberations in connection therewith within 45 days from the
30
CAP082715 Page 21
date of acceptance or deemed acceptance by the City of the information provided by the Contractor.
Not later than the next regularly scheduled City Council meeting following the end of such 45 day
period, the City staff shall place on the City Council meeting agenda a presentation of its
recommendations for consideration by City Council, and the City Council shall thereafter act without
undue delay to approve or disapprove any proposed adjustment to the Approved Service Rate
Schedule. Upon the request of the City or the Contractor, the foregoing time periods may be
extended for such additional period of time as the parties shall mutually agree.
As used herein, the phrase "Additional Items of Franchise Expense" means any item of Franchise
Expense, other than those items of Franchise Expenses related to the circumstance(s) specified
in Section 7.3.A. which warrant the Special Rate Review.
7,4 Performance Audit
In connection with the Initial Rate Review, the Contractor shall provide to the City baseline data
concerning the performance by the Contractor of collection services within the Franchise Area,
which data shall be taken into consideration in evaluating the Contractor's performance hereunder
in connection with the first Perfomtance Audit described below.
In connection with each Fifth Anniversary Rate Review conducted during the Term of this
Agreement pursuant to Section 7.2, a Performance Audit of the Contractor shall be conducted as
set forth below. Each Performance Review shall be commenced and complete during the same
period of time that the related Fifth Anniversary Review is commenced and completed.
A. Nature and Scope. The Performance Audit shall.
(i) Be performed by a qualified certified public accounting or other nationally
recognized solid waste industry consulting firm to be selected by the City and agreed
to by the Contractor.
(ii) Be paid for by the Contractor (with the cost thereof constituting an Allowable
Expense for purposes of this Agreement).
(iii) Address all appropriate areas, including those areas requested or identified by the
City as well as those listed below, and shall provide specific recommendations, as
appropriate, for improvement in each area:
(a) Compliance with the terms of this agreement and applicable codes, laws, and
reeulations.
(b) Overall organizational structure and management systems and procedures.
(c) Efficiency of Collection operations, including an analysis of routes, schedules
and the impact of franchise requirements.
31
CAP082715 Page 22
(d) Staffing practices, including the deployment of management and supervisory
personnel.
(e) Financial management practices, including the Contractor's billing and
Collection system and its policies with regard to uncollected accounts.
(f) Personnel management practices, including compensation policies and the
resolution of employee grievances.
(g) Employee job and safety training with respect to the management of
Hazardous Waste to the extent necessary to enable Contractor's employees
to make initial identifications of Hazardous Waste and to ensure that
Hazardous Waste inadvertently collected by Contractor within the Franchise
Area is properly handled and disposed.
(h) Procedures for receiving and resolving customer complaints and concerns,
including damage to customer -owned containers and disappearance of
container covers.
(i) Procedures for the acquisition, maintenance and replacement of equipment;
types of equipment; rationale for recent capital investments; and financing
options.
Q) Utilization and management of facilities.
(k) Comparison with practices of solid waste collection companies in Oregon
conducting operations and providing services similar to those of Contractor
under this .Agreement and operating in communities similar to the City and
comparison with accepted industry standards in the State of Oregon.
(1) An analysis of the financial and rate impact of any recommendations made
by the consultant conducting the Performance Audit.
Contractor is expected to cooperate fully with the Performance Audit, and provide all operational,
financial and other information deemed reasonable and necessary by the City for purposes of
conducting the Performance Audit, Contractor's failure to cooperate or track or provide all
information necessary to conduct the Performance Audit shall be considered an event of default. The
results of the Performance Audit shall be compiled in a report prepared by the consulting firm
selected to conduct the Performance Audit, which report shall he delivered in writing simultaneously
to both the City and the Contractor.
32
CAP082715 Page 23
7.5 Annual Adjustment of Approved Service Rate Schedule
On each Anniversary Date (other than an Anniversary Date that is immediately preceded by a Fifth
Anniversary Rate Review), commencing with the Anniversary Date that falls on January 1, 1998,
there shall be an annual adjustment of the Approved Service Rate Schedule pursuant to and in
accordance with this Section 7.5. If the City and the Contractor agree, the annual adjustment
pursuant to this Section 7.5 may be waived for any year.
Unless such annual adjustment for a given year is waived by the Contractor and the City, the
Contractor shall be required to deliver to the City, not less than 90 days prior to such Anniversary
Date, a detailed calculation of the adjustment to each Rate Category Rate in the Approved Service
Rate Schedule then in effect calculated in accordance with the Annual Rate Adjustment Formula set
forth in this Section 7.5, together with all supporting information. The City Administrator shall
review such information and not less than 60 days prior to the related Anniversary Date, the City
shall inform the Contractor as to whether or not it agrees with the Contractor's calculation of such
adjustment. The City shall specify to the Contractor in writing the particulars of any disagreement
with the Contractor's calculation of such adjustment, and the City and Contractor shall meet in order
to resolve any such differences. Effective as of each Anniversary Date for which an annual
adjustment is made pursuant to this Section 7.5, each Rate Category Rate in the Approved Service
Rate Schedule shall be adjusted in accordance with the Annual Rate Adjustment Formula set forth
in this Section 7.5.
For purposes of this Section 7.5, the Annual Rate .Adjustment Formula for each Rate Category Rate
shall he as follows:
ARCR = (RCR multiplied by CPIC) plus RCR
RCR = the service rate for a particular Rate Category as set forth in the Approved
Service Rate Schedule in effect immediately prior to the Anniversary Date .
CPIC = the percentage change (increase or decrease) between the Consumer Price
Index published in August of the current year and and the Consumer Price
Index published in August of the immediately preceding year; provided that
if the Approved Service Rate Schedule has been adjusted pursuant to a
Requested Rate Review or a Special Rate Review since the last annual
adjustment of the Approved Service Rate Schedule pursuant to this Section
75, then "CPIC" shall mean the percentage change (increase or decrease)
between the Consumer Price Index published in August of the current year
and and the Consumer Price Index published immediately prior to the date
upon which the Approved Service Rate Schedule was been adjusted
pursuant to such Requested Rate Review or Special Rate Review.
ARCR = the RCR as adjusted pursuant to the Annual Rate Adjustment Formula.
33
CAP082715 Page 24
7.6 Publication of Rates
Contractor shall provide a minimum of 30 days written notice to customers of rate changes. The
notice shall cite the enabling legislation and may be provided with, or as part of the regular billing.
In the case of interim rate changes pursuant to enabling legislation, Contractor shall file an intended
notice of change to City Recorder or other official of City not less than seven (7) days prior to the
effective date of the rate change.
ARTICLE 8
REPORTS AND RECORDS;
INDEMNITY AND INSURANCE BOND
8.1 Annual Audited Financial Statements and Annual Report
A. Audited Financial Statements. Contractor shall submit to the City the Contractor's
annual audited financial statements. All such financial statements shall be submitted not later than
four (4) months following the end of Contractor's fiscal year. Such annual audited financial
statements shall show the Gross Revenue derived by Contractor from the service provided by it in
the Franchise Area pursuant to this Agreement separate from the revenues derived by Contractor
from any and all other Contractor operations.
Annual financial statements submitted by Contractor pursuant to Section 8.1 shall be audited
and certified to by an independent certified public accounting firm selected by the Contractor and
approved by the City Administrator; provided that Contractor's current public accounting firm, Moss
Adams LLP, shall be deemed approved unless and until the City, for good cause, notifies Contractor
that such approval is revoked. Contractor will bear the expense of said audit.
In conjunction with the annual audit of Contractor's financial statements, the independent
certified public accountant shall conduct an annual audit of billings by the Contractor to Waste
Generators within the Franchise Area. The intent of this audit is to verify that Waste Generators
served by the Contractor are receiving the service for which they are billed. The results of the
audit shall be provided to the City with the Contractor's audited financial statements and reports.
In addition, the Contractor's audited financial statements shall be accompanied by the annual
Franchise Fee repon required by Section 4.3.B. hereof.
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CAP082715 Page 25
ORDINANCE NO. I G D j
AN ORDINANCE AUTHORIZING A TEN-YEAR EXTENSION OF THE EXISTING
SOLID WASTE AGREEMENT WITH ROGUE DISPOSAL INC. TO DECEMBER 31,
2016 AND INCREASING THE FRANCI IISE FEE FROM FIVE PERCENT (5%) TO
SIX PERCENT (6%) NO LATER THAN JANUARY 1, 2008.
THE PEOPLE OF THF. CITY OF CENTRAL, POINT, OREGON DO ORDAIN AS
FOLLOWS:
Section 1. A ten-year extension of the existing Solid Waste Collection Franchise
agreement with Rogue Disposal and Recycling, Inc. to December 31, 2016, is hereby
authorized.
Section 2. A increase in the franchise fee from five percent (5%) to six percent
(6%) no later than January 1, 2008 is hereby authorized.
Passed by the City Council and signed by mein authentication of its passage this
day of JA" ti .2007.
Mayor Hank Williams
ATTEST:
City Recorder
Approved by me this day of 7Y & ,A , 2007.
Mayor Hank Williams
Return to Agentla
CAP082715 Page 26
Business
Fun Run Donation
CAP082715 Page 27
P5W__
Parks & Public Works Department AOW%k
CENTRAL
POINT
STAFF REPORT
DATE: AUG 19, 2015
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JENNIFER BOARDMAN, MANAGER
SUBJECT: RUN 4 FREEDOM REPORT
Matt Samitore, Director
The Central Point Parks and Recreation Department in conjunction with Anytime Fitness held the
5th annual Run 4 Freedom and Kids Fun Run on July 4, 2015. Below are the details regarding
event including true costs.
First, the run was very successful in spite of the high temperatures and lower numbers. We had
many positive comments which always makes this worthwhile. While we didn't have as large of
turn out, we did have very enthusiastic runners and everyone seemed to have a great time.
The kids run had a total of 116. The adult run 139 entries. We again offered pre -race bag pick
up which was helpful to cut down on staff costs on the day of the race. The pre -race pickup also
helps to make the race day much smoother.
In addition to the bag pick up we were again able to cut down on costs this year by using all of
Pine Street as part of the run route which saves money on traffic cones.
Even with the cost saving measures in place the run did not make as much as anticipated. The
Funds left after the adult run was $746.00 and $362.19 for the kids run. The total donation to
the Comet Club will be $1108.19.
Recommendation: Add more volunteers and use fewer staff to cut costs. Provide shirts for the
adult run as an option and not for each racer. Change race route to include more of the parade
route to further cut down on number of cones and staff needed on the route. These measures
could potentially provide a race that nets closer to $2000 for donation each year.
Return to Agentla
140 S. Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP082715 Page 28
Adult Run Budget 2014 Adult Run Budget 2015
Revenue Revenue Runners 2015
online Revenue
$
1,957.50
Cash Pre Reg
$
710.00
Cash Day of
Race
$
740.00
Total Revenue
$
3,407.50
Total Revenue
$
2,706.00
Expenses
$
2,000.00
Cone Rental
$
240.00
Fire District
$
232.50
Toilet
$
132.00
Bibs/bags
$
157.00
Stutters
$
200.00
Shirts
$
715.00
Prizes
$
26.18
Employee PW
$
464.64
Employee Parks
$
720.00
Expenses
$
2,167.32
Prizes
$
92.35
Parks Donation
$
(157.00)
Total expenses
$
2,010.32
$
864.00
Net revenue
$
1,397.18
online Revenue
$
1,720.00
Ribbons
Cash Pre Reg
$
136.00
116
Cash Day of
Race
$
850.00
1,370.00
Total Revenue
$
2,706.00
Donation
Grange
$
2,000.00
Expenses
Net Revenue
$
630.00
Cone Rental
$
240.00
Stuffers/water
$
320.00
Toilet
$
40.00
Bibs/bags
$
57.00
Stutters
$
150.00
Shirts
$
1,293.00
Prizes
$
92.35
Employee PW
$
432.00
Employee Parks
$
864.00
Expenses
$
2,259.35
Parks Donation
$
(299.35)
Total expenses
$
1,960.00
Net revenue
$
746.00
Kids Run Kids Run
Kids Shirts
$
1,300.00
Ribbons
$
70.00
Kids Run
116
Expenses
$
1,370.00
Donation
Grange
$
2,000.00
Net Revenue
$
630.00
Total Donation- $1,108.19
Kids Shirts
$
580.00
Ribbons
$
57.81
Kids Run
116
Expenses
$
637.81
Donation
Grange
$
1,000.00
Net Revenue
$
365.19
1 Mile
14
5 K
125
SK Track Kids -No
Pay
13
Kids Run
116
Total Runners 268
Runners 2014
1 Mile
0
5 K
180
5K Track Kids -No
Pay
2
Kids Run
199
Total Runners 381
Difference -113
140 S. Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP082715 Page 29
Business
Discussion of
Pedestrian Crossing
at 6t" Street
CAP082715 Page 30
A
CENTRAL
POINT
PARKS & PUBLIC WORKS DEPARTMENT Matt Somitore, Director
140 South 3rtl Street Central Point, OR 97 SO2 (S41) 664-7602 www.centra l pointoregon.gov
STAFF REPORT
August 19, 2015
AGENDA ITEM: Discussion of 6'" Street pedestrian crossing.
STAFF SOURCE:
Matt Samitore, Director
BACKGROUND/SYNOPSIS:
The city council asked to potential move up the construction of the pedestrian crossing at the
intersection of 6" and E. Pine Street between the Malot Building and the US Post office.
Design: The Design was completed by RH2 Engineering and Southern Oregon Transportation.
The design uses what was conceptually planned for in the East Pine Street Refinement plan
revised four lane configurations. Additionally, it was determined that the best fit for this section of
street based on the revised four lane layout and speed was a flashing beacon similar to what was
installed on Highway 99 at the Creamery and on Haskell/W. Vilas at Don Jones Memorial Park.
The design entails installation of new bulb outs and flashing beacons on both sides of the street.
The bulb outs are necessary to facilitate a shorter movement for pedestrians.
East Pine Street Design: The Central Point Development Commission is currently planning on
having the design for East Pine Street Completed during the winter of 2016, if revenues meet
estimated values. It is anticipated that if revenues for the Urban Renewal district continue to rise
to potentially have the refine plan construction completed in 2017 or 2018.
FISCAL IMPACT:
Construction could commence on this project this fall or wait to coincide with the full
improvements of E. Pine/Downtown in the 2017/2018 Urban Renewal project.
COST:
The current estimate for the project is between $65,000-$85,000.
RECOMMENDATION:
No recommendation at thi,
Return to Agentla
CAP082715 Page 31
i
slow
1
•
4 41 •
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•
CAP082715 Page 33
Business
End of Year
Financial Statement
CAP082715 Page 35
Pry
CENTRAL
Staff Report POINT
To: Mayor&Council
From: Bev Adams, Finance Director
Date: August 27, 2015
Subject: June 30, 2015 financial statement presentation
Finance Department
Be, Adams, Finance Director
Background:
Attached are the final 2014/15 fiscal year (unaudited) financial statements for your review.
Now that the expense and revenue accruals are complete, the year-end financial picture is fairly established with little
or no significant change between these and the audited statements.
All funds considered we ended the year very well, with revenues coming in strong and expenses within budgeted
appropriations.
Isler CPA's have scheduled this week to begin the annual audit review work and will be onsite for most of the week. If
all goes according to schedule we will present the completed audit at the November 12th council meeting.
Recommended Action:
That the Mayor and Council accept the unaudited 2014/15 financial statements.
Return to Agentla
CAP082715 Page 36
City of Central Point
Council Financial Statements
For period ending June 30, 2015
Expenditures by Department
Administration
701
100
677.503
Fiscal Year m dare
100.00%
96.63%
City Enhancement
383.100
Year to Date
159.307
223.793
41.58%
2014115
548.400
Revenues &
508.615
Percentage
Budget
Mayor & Council
Expenditures
Difference
Received/Used
General Fund - 10
16.502
73.06%
Finance
775.600
726.430
Revenues
49.170
93.66%
Parks & Recreation - Parks
801.350
787.956
Taxes
$6,125.000
$6,098.085
$26,915
522.740
99.56%
462.346
Licenses & Fees
59.500
63.355
(3,855)
403.850
106.48%
357.188
Intergovernmental
49].100
492.382
4.718
4.130.910
99.05%
3.870.632
Charges for Service
994.500
1.019.538
(25.038)
125.000
102.52%
123.774
Fines and Forfeitures
105.000
99.301
5.699
44.000
94.57%
44.000
Interest Income
32.500
0
20.850
11.650
160.000
64.15%
Miscellaneous
137,000
178,936
(41.936)
8,657,300
130.61%
7,762,498
Transfers In
894,802
0
0
Net Change in Fund Balance
0
0.00%
209.949
Total Revenues
7,950,600
7,972,447
(21,847)
2.346.060
100.27%
Expenditures by Department
Administration
701
100
677.503
23.597
96.63%
City Enhancement
383.100
159.307
223.793
41.58%
Technical Services
548.400
508.615
39.785
92.75%
Mayor & Council
61
250
44.748
16.502
73.06%
Finance
775.600
726.430
49.170
93.66%
Parks & Recreation - Parks
801.350
787.956
13.394
98.33%
Parks & Recreation - Recreation
522.740
462.346
60.394
88.45%
Planning
403.850
357.188
46.662
88.45%
Police
4.130.910
3.870.632
260.278
93.70%
Interdepartmental
125.000
123.774
1,226
99.02%
Transfers Out
44.000
44.000
0
100.00%
Contingency
160.000
0
160.000
0.00%
Total Expenditures by Department
8,657,300
7,762,498
894,802
89.66%
Net Change in Fund Balance
209.949
Beginning Fund Balance
2.346.060
2,635,169
289.109
Ending Fund Balance
1.639.360
2.845.118
1.205.758
2014115
Revenues
&
Percentage
Budget
Expenditures
Difference
Received/Used
High Tech Crime Task Force Fund
Revenues
Intergovernmental Revenue
$40,000
$4,377
$35,623
10.94%
Charges for Services
0
0
0
0.00%
Miscellaneous
0
0
0
0.00%
Interfund Transfers
0
0
0
0.00%
Total Revenues
40,000
4,377
35,623
10.94%
Expenditures
Operations
78,500
58,040
0
0.00%
Capital Outlay
0
0
0
0.00%
Contingency
0
0
0
0.00%
Total Expenditures
78,500
58,040
0
0.00%
Net Change in Fund Balance
(53,663)
Beginning Fund Balance
177,755
181,928
4,173
Ending Fund Balance
139,255
128,265
(10,990)
1I0I10BB082715 Page 37 End of Year Final to Deanna
City of Central Point
Council Financial Statements
For period ending June 30, 2015
Fiscal Year to dare 100.00%
1I0I199U082715 Page 38 End of year Final to Deanna
2014115
Revenues
&
Percentage
Budget
Expenditures
Difference
Received/Used
Street Fund - 20
Revenues
Franchise Tax
$240,000
$240,000
$0
100.00%
Charges for Services
550,000
666,382
(116,382)
121.16%
Intergovernmental Revenue
990,000
1,002,001
(12,001)
101.21%
Interest Income
11,000
8,268
2,732
75.17%
Miscellaneous
5,000
148,540
(143,540)
2970.81%
Transfers In
0
0
0
0.00%
Total Revenues
1,796,000
2,065,192
(269,192)
114.99%
Expenditures
Operations
1,772,200
$1,697,585
74,615
95.79%
SDC
253,000
30,519
222,481
12.06%
Contingency
100,000
0
100,000
0.00%
Total Expenditures
2,125,200
1,726,104
397,096
61.31%
Net Change in Fund Balance
337,088
Beginning Fund Balance
1,594,730
1,737,201
142,471
Ending Fund Balance
1,265,530
2,074,289
808,759
Capital Improvement Fund - 30
Revenues
Intergovernmental
$0
$0
$0
0.00%
Charges for Services
60,000
185,382
(125,382)
308.97%
Interest Income
700
672
28
96.02%
Total Revenues
60,700
166,054
(125,354)
306.51%
Expenditures
Parks Projects
0
0
0
0.00%
Parks ProjectsSDC10,000
8,302
1,698
83.02%
Transfers Out
100,000
100,000
0
0.00%
Total Expenditures
110,000
106,302
1,696
96.46%
Net Change in Fund Balance
77,752
Beginning Fund Balance
68,625
139,392
70,767
Ending Fund Balance
19,325
217,144
197,819
1I0I199U082715 Page 38 End of year Final to Deanna
City of Central Point
Council Financial Statements
For period ending June 30, 2015
1I0I1L99B082715 Page 39 End of Year Final to Deanna
Fiscal Year to dare
100.00%
Year to Date
2014115
Revenues
&
Percentage
Budget
Expenditures
Difference
Received/Used
Reserve Fund- 35
Revenues
Interest
$4,000
$2,847
$1,153
71.18%
Transfers In
0
0
0
100.00%
Total Revenues
4,000
2,847
0
71.18%
Expenditures
Facility Improvements
40,000
0
40,000
0.00%
Total Expenditures
40,000
0
40,000
0.00%
Net Change in Fund Balance
2,847
Beginning Fund Balance
569,800
569,969
169
Ending Fund Balance
533,800
572,816
39,016
Debt Service Fund- 40
Revenues
Charges for Service
$224,000
$222,007
$1,993
99.11%
Interest Income
100
619
(519(
619.17%
Intergovernmental
162,870
162,864
6
100.00%
Special Assessments
60,000
34,540
25,460
57.57%
Miscellaneous Revenue
0
55,900
(55,900(
0.00%
Transfers In
199,000
199,000
0
100.00%
Total Revenues
645,970
674,930
(28,960)
104.48%
Expenditures
Debt Service
645,600
643,383
2,217
99.66%
Total Expenditures
645,600
643,383
2,217
99.66%
Net Change in Fund Balance
31,547
Beginning Fund Balance
45,800
41,943
(3,857(
Ending Fund Balance
46,170
73,490
27,320
Building Fund- 50
Revenues
Charges for Service
$144,500
$228,860
($84,360(
158.38%
Interest Income
1,500
1,486
14
99.10%
Miscellaneous
0
1,183
(1,183(
0.00%
Total Revenues
146,000
231,530
(85,530)
158.58%
Expenditures
Personal Services
156,300
125,819
30,481
80.50%
Materials and Services
16,300
14,243
2,057
87.38%
Contingency
3,000
0
3,000
0.00%
Total Expenditures
175,600
140,062
35,538
79.76%
Net Change in Fund Balance
91,469
Beginning Fund Balance
133,495
182,632
49,137
Ending Fund Balance
103,895
274,101
170,206
1I0I1L99B082715 Page 39 End of Year Final to Deanna
City of Central Point
Council Financial Statements
For period ending June 30, 2015
110110B0082715 Page 40 End of Year Final to Deanna
Fiscal Year to dare
100.00%
Year to Date
2014115
Revenues &
Percentage
Budget
Expenditures
Difference
Received/Used
Water Fund - 55
Revenues
Charges for Services
$2,665,566
$3,661.663
($176.363(
166.11%
Interest Income
6.666
7.670
(1,670(
127.83%
Miscellaneous
10.000
27.566
(17
566)
275.66%
Total Revenues
2,901,500
3,097,098
(195,598)
106.74%
Expenditures
Operations
3.038.300
2,884,576
153.724
94.94%
SDC Improvements
16.000
0
16.000
0.00%
Contingency
145.000
0
145.000
0.00%
Total Expenditures
3,199,300
2,884,576
314,724
90.16%
Net Change in Fund Balance
212.523
Beginning Fund Balance
1.794.160
1,697,619
(96.541(
Ending Fund Balance
1.496.360
1.910.142
413.782
Stormwater Fund - 57
Revenues
Charges for Services
$841.150
$876.371
($35221(
104.19%
Interest Income
4.000
4.384
(384(
109.60%
Miscellaneous
184.600
5.673
178.927
3.07%
Total Revenues
1,029,750
886,428
143,322
86.08%
Expenditures
Operations
1.011.250
726.272
284.978
71.82%
SDC
25.000
24.136
864
96.54%
Contingency
43.000
0
43.000
0.00%
Total Expenditures
1,079,250
750,407
328,843
69.53%
Net Change in Fund Balance
136.021
Beginning Fund Balance
731.390
85,205
118.815
Ending Fund Balance
681.890
986.226
304.336
110110B0082715 Page 40 End of Year Final to Deanna
Internal Services Fund - 60
Revenues
Charges for Services
Interest Income
Miscellaneous
Total Revenues
Expenditures
Facilities Maintenance
PW Administration
PW Fleet Maintenance
Contingency
Inlerfund Transfers
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
City of Central Point
Council Financial Statements
For period ending June 30, 2015
Year to Date
2014115 Revenues &
Fiscal Year to sate
100.00%
($25,473)
Percentage
Difference
Received/Used
$1,115,800
$1,141.273
($25,473)
102.28%
2000.
1.562
438
78.08%
10.000
12.097
(2097),
120.97%
1,127,800
1,154,932
(27,132)
102.41%
254.000
248.208
5.792
97.72%
674.200
652.971
21.229
96.85%
307.100
293.221
13.879
95.48%
0
0
0
0.00%
0
0
0
0.00%
1,235,300
1,194,400
40,900
96.69%
(39,467)
139,000 239,394 100,394
31,500 199,927 168,427
110110BB082715 Page 41 End of Year Final to Deanna
City of Central Point
Budget Compliance Report
For period ending June 30, 2015
Capital Projects Park Projects
Park Projects - SDC
Transfers
Debt Service Debt Service
Building Personnel Services
Materials and Services
Contingency
Water
Operations
0.00%
SDC Improvements
10,000
Fiscal Year to
earn
100.00%
100,000
SDC Improvements
0.00%
2014115
Internal Services
Year to Date
Percent
PW Administration
PW Fleet Maintenance
Budget
726,272
Expenditures
Used
645,600
Difference
General
Administration
$701,100
$677,503
96.63%
156,300
$23,597
80.50%
30,481
City Enhancement
383,100
87.38%
159,307
41.58%
223,793
Technical Services
548,400
508,615
92.75%
39,785
Mayor and Council
61,250
44,748
73.06%
16,502
Finance
775,600
726,430
93.66%
49,170
Parks & Recreation - Parks
801,350
787,956
98.33%
13,394
Parks & Recreation - Recreation
522,740
462,346
88.45%
60,394
Community Development
403,850
357,188
88.45%
46,662
Police
4,130,910
3,870,632
93.70%
260,278
Interdepartmental
125,000
123,774
99.02%
1,226
Transfers
44,000
44,000
100.00%
0
Contingency
160,000
0
0.00%
160,000
8,657,300
7,762,498
89.66%
894,802
HTCU
Materials and Services
78,500
58,040
73.94%
20,460
78,500
58,040
73.94%
20,460
Street
Operations
1,772,200
1,697,585
95.79%
74,615
SDC Improvements
253,000
30,519
12.06%
222,481
Contingency
100,000
0
0.00%
100,000
2.125.200
1.728.104
81.31%
397.096
Capital Projects Park Projects
Park Projects - SDC
Transfers
Debt Service Debt Service
Building Personnel Services
Materials and Services
Contingency
Water
Operations
0.00%
SDC Improvements
10,000
Contingency
Stormwater
Operations
100,000
SDC Improvements
0.00%
Contingency
Internal Services
Facilities Maintenance
98.46%
PW Administration
PW Fleet Maintenance
0
0
0.00%
0
10,000
8,302
83,02%
1,698
100,000
100,000
0.00%
0
110,000
108,302
98.46%
1,698
1,011,250
726,272
71.82%
284,978
645,600
643,383
99.66%
2,217
156,300
125,819
80.50%
30,481
16,300
14,243
87.38%
2,057
79.76%
3,038,300
2,884,576
94.94%
153,724
16,000
0
0.00%
16,000
145,000
0
0.00%
145,000
3,199,300
2,884,576
90.16%
314,724
1,011,250
726,272
71.82%
284,978
25,000
24,136
96.54%
864
1.079.250 750.407 69.53% 328.843
254,000 248,208 97.72% 5,792
674,200 652,971 96.85% 21,229
307.100 293.221 95.48% 13.879
Return to Agentla
1191090082715 Page 42 End of Year Final to Deanna
Ordinance
Adopting BeeKeeping
Ordinance
CAP082715 Page 43
STAFF REPORT
mm -
CENTRAL
POINT
STAFF REPORT
August 27, 2015
Planning Department
Tom Humphrey.AICP,
Community Development Director/
Assistant City AdminStrator
AGENDA ITEM: IV -
Consideration of various amendments to the Central Point Municipal Code (Chapter 6.05, Section
6.06.020, and Section 8.04.090) to allow beekeeping within the city limits.
STAFF SOURCE:
Stephanie Holtey, Community Planner II
BACKGROUND:
On August 13, 2015 the City Council discussed potential amendments to the Central Point Municipal
Code to allow beekeeping in the city limits. Example code language served the basis of the discussion.
Several members of the community attended the meeting and spoke in favor of pursing amendments to
allow beekeeping in the city. At that time, the City Council directed staff to initiate the code
amendments.
At this time, staff recommending amendments to Tittle 6 Animals and Title 8 Health and Safety as
follows:
Amendment 7, Chapter 6.05 Beekeeping
This amendment would add Chapter 6.05 establishing regulatory provisions for beekeeping. The
proposed amendments establish requirements relative to hive registration, the number of hives
permitted, and equipment and maintenance provisions. Language developed is consistent with similar
programs in the cities of Medford and Ashland.
Amendment 2, Section 6.06.020 Exemptions
Section 6.06.020 establishes exemptions from restrictions or prohibitions for the keeping of animals per
Title 6. The proposed amendment would provide an exemption for beekeeping activities established and
operated in accordance with the provisions of Chapter 6.05.
Amendment 3, Section 8.06.090 Keeping Bees
Section 8.04.090 declares beekeeping as a public nuisance. Proposed amendments to this section would
eliminate the public nuisance declaration when permitted in accordance with the bee keeping
requirements in Section 6.05.020.
ISSUES:
None.
ATTACHMENTS/EXHIBITS:
Page I of 2
CAP082715 Page 44
Attachment "A" Ordinance No. Amending Title 6 to Allow Beekeeping within the City
Limits
Attachment "B" - Ordinance No. Amending Section 8.04.090 to Allow Beekeeping within the
City Limits
ACTION:
Consider proposed amendments and 1) forward the ordinances to a second reading; 2) make revisions
and forward the ordinances to a second reading; or, 3) deny the ordinances.
RECOMMENDATION:
Discuss the ordinance proposals and forward each ordinance and any amendments to a second reading.
Page 2 of 2
CAP082715
Page 45
Return to Agentla
ATTAC H M E NT "A"
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 6 ANIMALS TO ALLOW
BEEKEEPING WITHIN THE CITY LIMITS
RECITALS:
A. The City Wide Strategic Plan recognizes the importance of agriculture to the
City's economy both past and future. Maintaining opportunities for small
scale agriculture is identified as a strategy for protecting agricultural land and
managing Growth.
B. Small scale urban agriculture, including beekeeping, provides opportunities
for residents to continue the tradition of producing locally grown food products
while supporting the presence and health of local honeybee populations.
C. It is the purpose and intent of this ordinance to provide for the safe and
orderly keeping of bees in the City of Central Point by establishing certain
minimum standards for the keeping of bees to protect the public health, safety
and welfare of the residents of the City of Central Point.
D. Words "Red through in the following ordinance are to be deleted and words in
bold are added.
The people of the City of Central Point do ordain as follows:
Section 1. A new Chapter 6.05 Bee Keeping is hereby added to read as follows:
Chapter 6.05
BEE KEEPING
6.05.010 Definitions
6.05.020 Bee Keeping
6.05.010 Definitions
"Apiary" and "apiary property" includes bees, honey, beeswax, bee comb, hives,
frames and other equipment, appliances and material used in connection with an
apiary.
"Bees" means honey -producing insects of the genus Apis and includes the
adults, eggs, larvae, pupae or other immature stages thereof, together with such
materials as are deposited into hives by their adults, except honey and beeswax
in rendered form.
CAP082715 Page 46
"Beekeeper" includes any individual, partnership, association or corporation, but
does not include any common carrier when engaged in the business of
transporting bees, hives, appliances, bee cages or other commodities which are
the subject of this chapter, in the regular course of business.
"Colony" or "colonies of bees" refers to any hive occupied by bees.
"Disease" means pests, diseases or any condition affecting bees or their brood
"Hive" means any receptacle or container made or prepared for use of bees, or
box or similar container taken possession of by bees.
"Honeycomb" means a mass of hexagonal wax cells built by bees to contain their
brood and stores of honey.
6.05.020 Bee Keeping
The keeping or maintaining of bees, colonies of bees, hives, honeycombs, or
containers of any kind of character wherein bees are hived is subject to the
following:
A. Registration with the city is required prior to establishing any hive or other
beekeeping activity on any lot or parcel within the city limits and the
Director of Community Development shall provide a beekeeping
application and registration process.
B. Number of Hives Permitted
1. A maximum of three (3) bee hives shall be kept or maintained on a lot or
parcel less than one acre in size.
2. A maximum of six (6) hives shall be kept or maintained on a lot or parcel
greater than one acre in size.
3. A beekeeper who owns five or more hives is required by the state to
register them with the Oregon Department of Agriculture.
C. Hives shall consist of removable frames, which shall be kept in sound and
usable condition.
D. Hives shall not be placed within a required front, side or rear yard setback
area.
CAP082715 Page 47
E. In each instance where a hive is kept less than twenty five (25) feet from a
property line, a flyway barrier at least six (6) feet in height shall be
maintained parallel to the property line for a minimum of ten (10) feet in
either direction from the hive The flyway barrier may consist of a wall,
fence, dense vegetation or a combination there of, such that bees will fly
over rather than through the material to reach the colony.
F. A constant supply of fresh water shall be provided for the colonies on site
within fifteen (15) feet of each hive.
G. Each beekeeper shall ensure that no wax comb or other material that might
encourage robbing by other bees are left upon the grounds of the property.
Such materials once removed from the site shall be handled and stored in
sealed containers or placed within a building or other insect proof
container.
H. The sale of surplus honey or bee's wax produced on site shall be permitted
on the property where the keeping of bees is permitted per applicable
business license and/or home occupation regulations. However, outdoor
sales are prohibited.
I. Only docile common honey bees shall be permitted. African bees or any
hybrid thereof are prohibited.
J. A beekeeper shall immediately replace the queen in a hive that exhibits
aggressive characteristics, including stinging or attempting to sting
without provocation.
Section 2. Central Point Municipal Code Section 6.06.020 regarding exemptions is
hereby amended to read as follows regarding bee keeping:
Title 6
ANIMALS
6.06.020 Exemptions
6.06.020 Exemptions.
A. Notwithstanding any restrictions or prohibitions of this chapter, animals of any
kind and any number may be kept by a school, museum or zoo for educational
purposes; or the exhibition for amusement purposes, temporarily, by a circus,
carnival, or other exhibition licensed in accordance with the applicable city
CAP082715 Page 48
ordinance. All rules as to sanitation and humane treatment contained in this title
shall govern the keeping of the animals and maintenance of the premises or
buildings where such animals are kept.
B. Police service dogs, while in the exercise of their law enforcement duties, are
exempt from any restrictions or prohibitions of this title.
C. Bee keeping established and operated in accordance with the provisions of
Chapter 6.05 are exempt from the prohibitions of this title.
D. S Any prohibited animal in the possession of an owner or custodian at the time
the owner or custodian's real property is annexed into the city limits of Central
Point may be kept as a nonconforming use provided the owner or custodian
registers the animal(s) with the code enforcement officer. The animal(s) may be
kept until such time as the owner chooses to remove them from the property. No
animal so described may then be replaced by another animal.
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 '12015.
Mayor Hank Williams
ATTEST:
City Recorder
CAP082715 Page 49
Return to Agentla
ATTACHMENT "B"
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 8.04.090 TO ALLOW
BEEKEEPING WITHIN THE CITY LIMITS
RECITALS:
A. The City Wide Strategic Plan recognizes the importance of agriculture to the
City's economy both past and future. Maintaining opportunities for small
scale agriculture is identified as a strategy for protecting agricultural land and
managing growth.
B. Small scale urban agriculture, including beekeeping, provides opportunities
for residents to continue the tradition of producing locally grown food products
while supporting the presence and health of local honeybee populations.
C. It is the purpose and intent of this ordinance to provide for the safe and
orderly keeping of bees in the City of Central Point by establishing certain
minimum standards for the keeping of bees to protect the public health, safety
and welfare of the residents of the City of Central Point.
D. Words "Red through in the following ordinance are to be deleted and words in
bold are added.
The people of the City of Central Point do ordain as follows:
Section 1. Central Point Municipal Code Section 8.04.090 Keeping bee's shall be
amended as follows:
8.04.090 Keeping bees.
A. No person shall have, keep or maintain or permit to be kept or maintained upon
land under his control, any hives, swarms or colonies of bees, except as
permitted in accordance with the Bee Keeping requirements in Section
6.05.020.
B. A violation of Section 6.05.020 is declared to be a public nuisance, and may
be abated as provided for in this Chapter. The k^^^'^^ OF '^'^'^'^^ Of @R"
be abated as provided i^ thig Gh@pI^ (Ord 817 §6 1966)
CAP082715 Page 50
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 2015.
Mayor Hank Williams
ATTEST:
City Recorder
CAP082715 Page 51
Return to Agentla
Resolution
Jurisdictional
Exchange for Section
of Beebe and Pine
CAP082715 Page 52
A
CENTRAL
POINT
PARKS & PUBLIC WORKS DEPARTMENT Matt Samitore, Director
140 South 3rtl Street Central Point, OR 97 SO2 (S41) 664-7602 www.centra l pointoregon.gov
STAFF REPORT
August 18, 2015
AGENDA ITEM: A resolution for jurisdictional exchange of a portion of E. Pine Street and
Beebe Road.
STAFFSOURCE:
Matt Samitore, Director
BACKGROUND/SYNOPSIS:
The City has immediate plans for installation of a right turn lane on the west side of Beebe Road.
The Road is currently owned by Jackson County. In order to construct the project the City needs to
assmnejurisdiction. It also came to our attention that one block of E. Pine Street between 101h
Street and the I-5 on and off ramps is not owned by the City. The City has been maintaining that
area and also has future improvements plans for this block.
FISCAL IMPACT:
Beebe Road tum lane is budgeted on the 2015/17 budget. Beebe has recently been chip sealed by
Jackson County. The one block of East Pine street is currently paved and in good condition. Some
additional striping will be needed in the next few years.
RECOMMENDATION:
Staff recommends approving the resolution.
PUBLIC HEARING
No
SUGGESTED MOTION:
I move to approve the resolution requesting jurisdictional exchange for a portion of East Pine Street from
10'" Street to the ODOT jurisdiction and 200 feet of Beebe Road west of Hamrick Road.
Return to Agentla
CAP082715 Page 53
RESOLUTION NO.
A RESOLUTION TO REQUEST JURISDICTIONAL EXCHANGE OF PORTIONS OF
EAST PINE STREET AND BEEBE ROAD
Recitals:
A. The City owns all the right of way of E. Pine Street except for the block between 101'
Street and Interstate 5 on -ramps and has future plans for improvements within this
block.
B. The City currently owns all of Hamrick Road right of way and has plans within its
Transportation System Plan for improvements at the intersection of Beebe and
Hamrick Roads
C. The City is requesting jurisdictional exchange for the block of E. Pine Street between
101' Street and the Oregon Department of Transportation on and off -ramps and a 200
feet of Beebe Road West of Hamrick Road right of way.
The City of Central Point resolves as follows:
Section 1.
The City of Central Point Council requests jurisdictional exchange of E. Pine Street
between 101' Street and the Oregon Department of Transportation on and off -ramps. The
right of way width varies between 1000-135 feet. The length of the exchange is 625 feet
(Exhibit A);
Section 2.
The City of Central Point Council requests jurisdictional exchange of 200 feet of Beebe
Road West of Hamrick Road right of way. The width of Beebe Road is 60'. The width
of the exchange is 200 feet (Exhibit B).
Passed by the Council and signed by me in authentication of its passage this day
of 2015.
Mayor Hank Williams
ATTEST:
City Recorder
CAP082715 Page 5
Return to Agentla
Street Section Being Taken Over By the City
zi
OA
EXHIBIT A
Legend
Street Ownership
0-- OWNER
CITY
CITY (ALLEY)
I- -COUNTY
PRIVATE
-STATE
Street Section Being Taken Over By the City
628 q EXHIBIT B
4615
456 — —
446
444
-BEEBEMDI
507
495
Legend
Street Owners
OWNER
CITY
CITY (ALLEY
COUNTY
PRIVATE
—STATE
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i \/ 783 7��
Z
711 Q
r — —'`O�
Q 773
705 Z F 708 —
765
G 698
697
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690
691 — — — 1
679 673 667 661 655
2403 1 2411 2519 2527 2535 2543
T T BEEBE
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4511 1 1 W 522 2524 2532
4520 > 514_
443 — — — — — 1% 25211 I I 1
4497 — — Q 1 2545 2553 2569
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253 I
— — — 2444 71 — 25611
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4461 13821 384 388 390 392
4460
372 — —. —
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383 —
— —
368 369
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CAP082715
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Ordinance
Amending CPMC
Chapter 17 Zoning
CAP082715 Page 57
STAFF REPORT
om—
CENTRAL
POINT
STAFF REPORT
August 27, 2015
Planning Department
lam Humphrey.AICP
Community fJevelopment f]irector/
AGENDA ITEM: IV -A
Second Reading to consider miscellaneous amendments to the Central Point Municipal Code, Zoning
Ordinance (Sections 17.08 Definitions: 17.24 R-2 District 17.28 R-3 District 17.32 C -N District 17.37
C -2(M) District 17.44 C-4 District 17.46 C-5 District: 17.57 Fences: 17.60 General Regulations: 17.65
TOD District Zoning Regulations: 17.75 Off-Sti Parking) and 17.76 Conditional Use Permits.
STAFF SOURCE:
Don Burt, Planning Manager
Tom Humphrey, Community Development Director
BACKGROUND:
During the first reading and public hearing City staff introduced various sections of the Zoning Code in
which it was necessary to make some minor adjustments to improve clarity and code administration. Staff
is proposing twelve (12) minor amendments as follows:
Amendment 1, Section 17.08010 Definitions, specific and 17.08410 TOD District and Corridor
Definitions and Uses
Added the following definitions:
• "NAICS - North American Industrial Classification System". This term is being
used in Amendment 9.
• "Senior Housing" previously not defined in either 17.08.0 10 or 17.08.410, but
used in the Zoning Ordinance.
• "Independent Living" defined as a type of Senior Housing
• "Assisted Living" defined as a type of Senior Housing
• "Personal Care" defined as a type of Senior Housing
• "Nursing Facility" currently not defined, but used in the Zoning Ordinance.
The definitions related to Senior Housing have been added to address the different types of senior
housing being provided in today's market. The proposed change does not alter current policy.
Amendment 2, Section 17.24 R-2 Distract
17.24.020 Permitted Uses amended to clarify that all permitted residential uses must comply with
the R-2 districts minimum and maximum density standards, lot coverage and setbacks.
17.24.020(A) amended to read "Single-family detached" eliminating the language "One single-
family dwelling". This was done to clarify that single -funny detached dwellings are permitted
but subject to compliance with density standards. This is necessary to assure that the City meets
its density objectives as set forth in the Regional Plan Element.
17.24.020(C) amended to remove reference to "One two-family dwelling" and replace with
"Duplex and single-family attached dwellings" as used in the R-3 district.
Page I of 4
CAP082715 Page 58
Amendment 3, Section 17.28 R-3 District
Section 17.28.020(A) and (B) Permitted Uses amended to elimtinate as permitted uses single-
family detached dwellings and manufactured hones. These two uses cannot meet the density
requirements of the R-3 district and are therefore not a use consideration.
Amendment 4, Section 17.32 GN District
17.32.020(A) Permitted Uses amended to remove "other than those related to health care" for
professional and office uses. There was no rational reasoning for this restriction.
17.32.020(H) Permitted Uses amended to add statement regarding `Other uses not specified..."
used in other zoning districts.
Amendment 5, Section 17.37 C-2(11) District
17.37.020(A) Permitted Uses amended to delete "including" to be replaced with "such as" to
convey similarity in intended use.
17.37.020(8) Permitted Uses amended to add statement regarding "Other uses not specified..."
used in other zoning districts.
Amendment 6, Section 17.44 C-4 District
17.44.020(A) Permitted Uses amended to add veterinary clinics as a permitted use as previously
approved by the Planning Commission (File No. 15007).
17.44.020(B) Permitted Uses amended to include the following language to the general
description of permitted uses "but not limited to". This clarifies the intent of the language to
provide examples of uses permitted.
Amendment 7, Section 17.46 C-5 Distract
17.46.020(A)(B)(C)(D) amended to include the "but not limited to language"
17.46.020(F) amended to remove the word "including" and replace with "such as" which is
broader in application, but retains the descriptive intent in permitted light industrial use types.
Amendment 8, Section 17.57 Fences
17.57.020(C) General Regulations, Table `Fence Regulations" amended to add a maximum
height limitation of six (6) feet.
17.57.020(C) General Regulations, Table `Fence Regulations" amended to delete language
"Chain Link Fencing, Apace -Board -Type Fencing, etc." to be replaced with "Fences in
Floodplain or Drainage Casements". The intent is to regulate fencing in a floodplain or drainage
easement, not the type of fencing.
17.57.020(C) General Regulations, Table `Fence Regulations" amended to add a maximum
height limitation of six (6) feet. The six (6) foot maximum height limitation has been standard
practice.
17.57.020(C) General Regulations, Table `Fence Regulations" explanation (a-1) amended to
remove reference to "6' fence" and replaced with `7' fence" per prior modifications.
17.57.020(C) General Regulations, Table `Fence Regulations" explanations (b, c, & d) to remove
the asterisks. The asterisks have no known meaning or reference.
17.57.020(C) General Regulations, Table `Fence Regulations" explanation (c) added language
referencing sight distance code section.
Page 2 of 4
CAP082715 Page 59
17.57.020(0 General Regulations, Table `Fence Regulations" explanation (e) added language
regarding impeding or diverting water through drainage easements.
17.57.020(C) General Regulations, Table `Fence Regulations" explanation (f) modified language
regarding variances.
Amendment 9, Section 17.60 General Regulations
I7.60.140(A)(1) Authorization for Similar Use amended to add reference to the NAICS. This
legitimizes the City's prior use of the NAICS as a source for determining use similarity.
17.60.140(A)(2) Authorization for Similar Use amended removing the "not anticipated ..."
criteria. This particular criterion is not of value in determining use similarity. It is impracticable
for a land use code to consider and track all uses.
Amendment 10, 17.65.050 Zoning Regulations — TOD District and 17.65.060 Laud Use — TOD
Corridors
17.65.050, Table 1 amended to allow personal service oriented uses in the MMR and HMR
district subject to being located on the ground floor of a multiple -family building or as second
story offices when located adjacent to an EC district. This applies the same criteria as used for
professional offices in the MMR and HMR district.
17.65.060, Table 4 amended to allow personal service oriented uses in the MMR district subject
to being located on the ground floor of a multiple -family building. This applies the same criteria
as used for professional offices in the MMR TOD Corridor.
17.65.050, Table 1 and 17.65.060, Table 4 amended explanation L3 to read `Permitted in existing
commercial building or new construction and clarified area limitation of 10,000 sq. f. as a
maximum. The intent of this amendment is for clarification, particularly as pertains to existing
commercial buildings.
Amendment 11, Section 17.75.039 Off -Street Parking Design and Development Standards
17.75.039 Off -Street Parking Design and Development Standards amended to add minimum
compact parking spaces. The Zoning Ordinance currently refers to and allows compact parking,
but does not identify the minimum dimensions for compact parking.
Amendment 12, Section 17.76.020 Conditional Use Permits
17.75.020 Information required is amended to delete a reference to a specific fee that is not longer
applicable and which has been addressed in Section 17.76.011.
ISSUES:
All of the above amendments are administrative amendments necessary for the clear, concise, and
consistent use of the Zoning Ordinance. The amendments do not result in policy changes.
EXHIBITS/ATTACHMENTS:
Attachment "A"—Ordinance No. , An Ordinance Amending Central Point Municipal Code Chapter
17 Zoning Sections to Correct Errors and Inconsistencies.
ACTION:
Consider the proposed amendments to the zoning code, and 1) approve the ordinance; 2) approve
the ordinance with revisions; 3) deny the proposal.
Page 3 of 4
CAP082715 Page 60
RECOMMENDATION:
Approve Ordinance No. An Ordinance Amending Central Point Municipal Code Chapter 17 Zoning
Sections to Correct Errors and Inconsistencies
Return to Agentla
Page 4 of 4
CAP082715 Page 61
ORDINANCE NO.
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE CHAPTER 17
ZONING SECTIONS TO CORRECT ERRORS AND INCONSISTENCIES.
I
RECITALS:
A. Words "Red through are to be deleted and words in bold are added.
B. 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.
C. On July 7, 2015, the Central Point Planning Commission recommended approval
of code amendments to CPMC Chapters 17.08; Chapter 17.24; Chapter 17.28;
Chapter 17.32; Chapter 17.37; Chapter 17.44; Chapter 17.46; Chapter 17.57;
Chapter 17.60; Chapter 17.65 and Chapter 17.75. (zoning) .
D. On August 13, 2015, the City of Central Point City Council held a property
advertised public hearing; reviewed the Staff Report and findings; heard
testimony and comments, and deliberated on approval of the Municipal Code
Amendment.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Amendments to Sections 17.08 Definitions adds language to the zoning
code that is currently being used but not listed.
TITLE 17 ZONING
Chapter 17.08 DEFINITIONS
17.08.010 Definitions, specific
17.08.410 TOD District and corridor Definitions and Uses
17.08.010 Definitions, specific.
"NAICS" means the North American Industry Classification System
(NAICS), the standard used by Federal statistical agencies in classifying
business establishments for the purpose of collecting, analyzing, and
publishing statistical data related to the U.S. business economy.
Ordinance No. (081315)
CAP082715 Page 62
"Senior Housing" means housing designed and constructed to
accommodate the needs of seniors and includes the following as defined
herein: independent living facility, personal care facility, and assisted living
facility. Senior housing does not include nursing facilities.
"Independent Living" means a multi -unit senior housing development, also
known as congregate housing that provides supportive services such as
meals (common dinning), housekeeping, social activities, and
transportation.
"Assisted Living" means a state -licensed program offered at senior
residential facilities with services that include meals, laundry,
housekeeping, medication reminders, and assistance with Activities of
Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs).
"Personal Care Facility" means a state licensed facility that specializes in
caring for the memory impaired resident.
"Nursing Facility" means a facility licensed by the state that provides 24-
hour nursing care, room and board, and activities for convalescent
residents and those with chronic and/or long-term illnesses. The
availability of regular medical supervision and rehabilitation therapy is
required. This alternative may be referred to as a Nursing or Convalescent
Home.
17.08.410 TOD district and corridor Definitions and uses.
"Senior Housing" means housing designed and constructed to
accommodate the needs of seniors and includes the following as defined in
Section 187.08 Definitions; independent living, senior apartments, and
assisted living facilities. Senior housing does not include nursing facilities.
SECTION 2. Amendments to Title 17.24.020 R-2 District clarifies language to the
zoning code regarding permitted.
CHAPTER 17.24
R-2. RESIDENTIAL TWO-FAMILY DISTRICT
17.24.020 Permitted uses.
Ordinance No. (081315)
CAP082715 Page 63
17.24.020 Permitted Uses
The following uses and their accessory uses are permitted in the R-2 district:
Residential. The following residential uses are permitted subject to compliance
with all the code requirements such as lot coverage, setbacks, etc.the density
standards in Section 17.24.055:
A. QnPg0 .e Single-family detached dwellings;
Single-family manufactured home, as defined in Section 17.08.010, and
subject to the following conditions:
1. The manufactured home shall be multi -sectional and enclose a space of
not less than one thousand square feet,
2. The manufactured home shall be placed on an excavated and back-filled
foundation and enclosed at the perimeter such that the manufactured
home is located not more than twelve inches above grade,
3. -The manufactured home shall have a pitched roof, with a minimum slope
of three feet in height for each twelve feet in width,
4. The manufactured home shall have exterior siding and roofing which in
color, material and appearance is similar to the exterior siding and roofing
material commonly used on residential dwellings within Central Point or
which is comparable to the predominant materials used on surrounding
dwellings as determined by the city,
5. The manufactured home shall be certified by the manufacturer to have an
exterior thermal envelope meeting performance standards which reduce
levels equivalent to the performance standards required of single-family
dwellings constructed under the state building code as defined in
ORS 455.010,
6. The manufactured home shall have a garage or carport constructed of like
material. The city may require an attached or detached garage in lieu of a
carport where such is consistent with the predominant construction of
dwellings in the immediately surrounding area,
In addition to the foregoing, a manufactured home and the lot upon
which it is sited shall comply with any and all development standards,
Ordinance No. (081315)
CAP082715 Page 64
architectural requirements and minimum size requirements with which
conventional single-family residential dwellings on the same lot would be
required to comply.
family attached dwellings^^e two family dwelling;
SECTION 3. Amendments to Title 17.28.020 R-3 District clarifies language to the
zoning code regarding permitted.
CHAPTER 17.28
R-3, RESIDENTIAL MULTIPLE -FAMILY DISTRICT
17.28.020 Permitted uses.
17.28.020 Permitted Uses. The following uses and their accessory uses are permitted in
the R-3 district:
n�w:rnnrer..rr�rmnlmrra
B. C'nglefarn ly m fell red home,
the follow 'n r.rl'1'e
s def npd 'n Cesl'en 17 nA 010, and s
bjesl to
1 The manufactured home
thane one thousand square
7 The manufactured home
shall be m II'_ee.d'.. al and ersleee a space
feel
shall be ..lased on an gxga,-,atpd and l.ssL_fllerl
of not lees
foundation and er.slesed at
located not more than twelve
the perimeter sch that the manufactured home's
'rhes above ..rade
1 The manufactured home
shall have a pitched reef, with a minimum slope
of
three feel'.. height fere each
h..el..e feet'.. width
d The manufactured home
material andsppearangg iq
commonly used on residential
-shall have evlei a siding and reef.. which
similar M the e.her'.. siding and roofing
dwellings .;thin Central De'N a .whish.'
in eler,
material
comparable to the predominant
determined by the .-'t„
...ate: aIs seri on surrounding dwellings
Ordinance No. (081315)
CAP082715 Page 65
Ordinance No. (081315)
CAP082715 Page 66
7 h add 't OR to the forego R a .. fa Gt red home and the Lt upon .A.,h Gh 't 's
s ted shall comply th a and all development standards, rGh teGt el
nts and ... MUM SZ8 F8CU rte A, th . h Gh G Rt G el a ,Je_
fare l , r s d8 t'el dwell RR the same Lt would be requ red to comply;
G A. Duplex and single -family attached dwellings;
D B. Multiple -family dwellings and dwelling groups;
€ C. Boardinghouses and rooming houses;
€ D. Public schools, parochial schools, kindergartens, but not including business,
dance, music, art, trade, technical or similar schools;
* E. Public parks and recreational facilities;
* F. Churches and similar religious institutions;
1 G. Developer's project office and sales office including mobile homes and trailers
adapted to that purpose during construction of the project only;
J H. Residential facilities, as that term is defined in Oregon Revised Statutes
197.660(1); provided that the city may require an applicant proposing to site a
residential facility to supply the city with a copy of the entire application and supporting
documentation for state licensing of the facility, except for information which is exempt
from public disclosure under ORS 192.496 to 192.530;
K I. Residential homes; and
6 K. Other uses not specified in this or any other district, if the planning commission
finds them to be similar to those listed above and compatible with other permitted uses
and with the intent of the R-2 district as provided in Section 17.60.140.
Ordinance No. (081315)
CAP082715 Page 67
SECTION 4. Amendments to Title 17.32.020 C -N District clarifies language to the
zoning code regarding permitted.
CHAPTER 17.28
R-3, RESIDENTIAL MULTIPLE -FAMILY DISTRICT
17.28.020 Permitted uses.
17.32.020 Permitted uses.
The following uses and their accessory uses are permitted outright, subject to
compliance with all applicable municipal, state and federal environmental, health, and
safety regulations as well as the requirements for site plans in Chapter 17.72:
A. Professional and financial offices and personal service establishments nthw than
thQRQ FQI@tQgl tQ hQ@lth garQ other than these related to health G;arel
B. Retail stores, shops and offices supplying commodities or performing services other
than vehicle and fuel sales;
C. Eating and drinking establishments that do not possess a liquor license;
D. Desktop publishing, xerography, copy centers;
E. Temporary tree sales, from November 1 st to January 1 st;
F. Public and quasi -public utility and service buildings, structures and uses;
G. Neighborhood shopping centers, which may include any of the permitted uses in this
section. (Ord. 1881 (part), 2006; Ord. 1709 §1(part), 1994).
H. Other uses not specified in this or any other district, if the planning
commission finds them to be similar to the uses listed above and compatible with
other permitted uses and with the intent of the C-4 district as provided in
Section 17.60.140, Authorization for similar uses.
Ordinance No. (081315)
CAP082715 Page 68
SECTION 5. Amendments to Title 17.37.020 C -2(M), Commercial —Medical District
clarifies language to the zoning code regarding permitted.
CHAPTER 17.37
C-2 (M), COMMERCIAL -MEDICAL DISTRICT
17.37.020 Permitted uses.
17.37.020 Permitted uses.
The following uses are permitted in the C -2(M) district:
A. Professional and financial when such uses are in conjunction with health care
facilities located in the area, such as, 'nGlud ng, ;^o: d Rg:
1. Hospitals;
2. Health care facilities required to be licensed by the state of Oregon;
3. Professional medical offices; and
4. Medical services, clinics and laboratories.
B. Personal services when the primary use is in conjunction with related health care
facilities in the zone, insludingsuch as inGluding:
1. Barber and beauty shops;
2. Counseling services; and
3. Day care centers.
C. Retail outlets, when such uses are in conjunction with health care facilities located in
the area, lnsludingsuch as inGluding:
1. Drugstore;
2. Health food;
3. Gifts, notions and variety;
4. Sit-down restaurant;
5. Delicatessen, pastry, confectionery, bakery;
Ordinance No. (081315)
CAP082715 Page 69
6. Jewelry; and
7. Books and stationery.
D. Residential purposes, when developed to the standards of the TOD-LMR, low mix
residential district as set forth in Chapter 17.65.
E. Other uses not specified in this or any other district, if the planning
commission finds them to be similar to the uses listed above and compatible with
other permitted uses and with the intent of the C-4 district as provided in
Section 17.60.140, Authorization for similar uses.
SECTION 6. Amendments to Title 17.44.020 C-4 Tourist and Office -Professional
District clarifies language to the zoning code regarding permitted.
CHAPTER 17.44
C-4 TOURIST AND OFFICE -PROFESSIONAL DISTRICT
17.44.020 Permitted uses.
17.44.020 Permitted uses.
The following uses are permitted in the C-4 district:
A. General professional and financial offices, including, but not limited to:
1. Banks and similar financial institutions;
2. Accounting and bookkeeping offices;
3. Real estate offices;
4. Insurance company offices;
5. Legal services;
6. Architectural and engineering services;
7. Professional photo or art studios;
8. Counseling services;
9. Corporate or government offices;
Ordinance No. (081315)
CAP082715 Page 70
10. Medical/dental offices;
11. Veterinary Clinics
B. Tourist and entertainment -related facilities, including but not limited to:
1. Convenience market, meat, poultry, fish and seafood sales; fruit and beverage
stands;
2. Drugstores;
3. Automobile service station, automobile and recreational vehicle parts sales and
repairs, and truck rentals;
4. Motel and hotel;
5. Walk-in movie theater;
6. Bowling alley;
7. Photo and art galleries;
8. Photo processing pickup station;
9. Travel agencies;
10. Barber and beauty shops;
11. Sit-down restaurants or dinner houses (including alcohol);
12. Cocktail lounges and clubs serving alcoholic beverages;
13. Tavern with beer only;
14. Commercial parking lot;
15. Community shopping centers which may include any of the permitted uses in this
section and may also including but not limited toe the fellow R^
a. Supermarkets;
b. Department stores;
c. Sporting goods;
d. Books and stationery;
e. Gifts, notions and variety;
Ordinance No. (081315)
CAP082715 Page 71
f. Florists;
g. Leather goods and luggage;
h. Pet sales and related supplies;
i. Photographic supplies;
j. Health food;
k. Self-service laundry;
I. Antique shop;
m. Delicatessen;
n. Pastry and confectionery;
o. General apparel;
p. Shoes and boots;
q. Specialty apparel;
r. Jewelry;
s. Clocks and watches, sales and service;
t. Bakery, retail only;
u. Bicycle shop;
v. Audio, video, electronic sales and service;
w. Printing, lithography and publishing;
16. Mobile food vendors;
17. State -regulated package liquor stores;
18. Other uses not specified in this or any other district, if the planning commission finds
them to be similar to the uses listed above and compatible with other permitted uses
and with the intent of the C-4 district as provided in Section 17.60.140, Authorization for
similar uses;
19. Large retail establishments
Ordinance No. (081315)
CAP082715 Page 72
SECTION 7. Amendments to Title 17.46.020 C-5, Thoroughfare Commercial District
clarifies language to the zoning code regarding permitted.
CHAPTER 17.46
C-5, THOROUGHFARE COMMERCIAL DISTRICT
17.46.020 Permitted uses.
17.46.020 Permitted uses.
The following
uses are permitted in the C-5 district:
A. Professional
and financial, including but not limited to:
1.
Banks and similar financial institutions,
2.
Real estate, insurance, and similar offices,
3.
Contractor's offices,
4.
Medical services, clinics and laboratories;
B. Personal services, including but not limited to:
1.
Self-service laundry and laundry pickup stations,
2.
Photo processing pickup stations,
3.
Photo processing laboratories,
4.
Small appliance service,
5.
Printing, lithography and publishing,
6.
Locksmith,
7.
Taxicab dispatch office,
8.
Ambulance/emergency services,
9.
Art and music schools,
10.
Business/vocational schools,
11.
Physical fitness/conditioning center, martial arts schools,
12.
Carwash,
Ordinance No. (081315)
CAP082715 Page 73
13. Automobile and truck service stations and repair shops,
14. Auto and furniture upholstery shops,
15. Veterinary clinics (within enclosed structure),
16. Barber shops,
17. Beauty salons,
18. Manicure salons;
C. Retail outlets, including but not limited to:
1. Auto and truck sales (new and used),
2. Tire sales and service,
3. Glass and mirror sales and service,
4. Wallcovering, floorcovering, curtains, etc.,
5. Major appliances sales and service,
6. Hardware sales,
7. Monument sales,
8. Supermarket,
9. Convenience market,
10. Drugstore,
11. Feed, seed and fuel (within enclosed structure),
12. Electrical and plumbing supplies,
13. Heating and air-conditioning equipment,
14. Stone, tile and masonry supplies,
15. Nursery and gardening materials and supplies,
16. Antique shop,
17. Art and engineering supplies,
18. Pawnshop,
Ordinance No. (081315)
CAP082715 Page 74
19. Sit-down restaurants, including service of beer, wine and liquor,
20. Drive-in fast food establishments,
21. Tavern, beer sales only,
22. Public/quasi-public utilities and services,
23. Florist sales,
24. Pet sales,
25. General apparel,
26. Furniture sales, including used furniture,
27. Sporting goods sales, including firearms,
28. State -regulated package liquor stores,
29. Community shopping centers, which may include any of the permitted
uses in this section and the C-4 district,
30. Large retail establishment eighty thousand square feet or less as
defined in Section 17.08.010, Retail establishment, large;
D. Tourist/recreational-oriented uses, including but not limited to:
1. Hotel and motel,
2. Walk-in theater (fully enclosed),
3. Bowling alley,
4. Ice and roller skating rinks,
5. Dancehalls (nonalcoholic),
6. Billiard/pool hall,
7. Miniature golf,
8. Club and organizational meeting facilities;
E. Commercial parking lots:
1. Recreational vehicle storage lots;
F. Light fabrication, iasludiag-iasludingsuch as:
Ordinance No. (081315)
CAP082715 Page 75
1. Light fabrication, assembly, packaging, mail-order sales and wholesale
sales of consumer goods, and
2. Light fabrication and repair shops such as blacksmith, cabinet, electric
motor, heating, machine, sheetmetal, signs, stone monuments, upholstery
and welding;
G. Other uses not specified in this or any other district, if the planning commission finds
them to be similar to the uses listed above and compatible with other permitted uses
and within the intent of the C-5 district.
SECTION 8. Amendments to Title 17.57.020 General regulations clarifies language to
the zoning code regarding fences.
CHAPTER 17.57
FENCES
17.57.020 General regulations.
17.57.020 General regulations.
A. Fence Permits. A fence permit is required for all fences constructed within a public
right-of-way, per Section 12.20.020. Fences in the floodplain are regulated in
accordance with the provisions established in Section 8.24.260(A).
B. Building Permits. A building permit for the following structures shall be accompanied
by a permit fee and a plan review fee in an amount based on valuation per the building
department fee schedule as adopted by the city:
1. Barriers around swimming pools, as required by the 2003 State of
Oregon Dwelling Specialty Code, Chapter 41 and Appendix G; and the
1998 Oregon Structural Specialty Code, Appendix Chapter 4;
2 34. Retaining walls over four feet in height measured from the bottom of
the footing to the top of the wall; and
3 45. Retaining walls, any height, supporting a surcharge
Ordinance No. (081315)
CAP082715 Page 76
C. Setbacks and Design Criteria.
Table 17.57.01
Fence Regulations
a: An encroachment f8RG8 fence permit is required if -for if fences isge-be is-te-be
constructed in the public right-of-way.
a-1: A building permit is required for fencing around swimming pools, fe^^R-A Aver s x
feet he ght f^^^^g ever q X f^^`'^ height, masonry walls and retaining walls.
Ordinance No. (081315)
CAP082715 Page 77
R-
R-
R-
R-
C-
C-
C-
C-
M-
M-
L
1
2
3
N
2(M)
4
5
1
2
Maximum Fence Height
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
Fence Permit Required
a,
a,
a,
a,
a,
a,
a,
a,
a,
a,
a-1
a-1
a-1
a-1
a-1
a-1
a-1
a-1
a-1
a-1
Front Yard Setback For 6' Fence
20'
20'
20'
20'
20'
20'
20'
20'
20'
20'
b
b
b
b
b
b
b
b
b
b
Side Yard Setback
0'
0'
0'
0'
0'
0'
0'
0'
0'
0'
Rear Yard Setback
0'
0'
0'
0'
0'
0'
0'
0'
0'
0'
Corner Lot
10'
10'
10'
10'
10'
10'
10'
10'
10'
10'
c
c
c
c
c
c
c
c
c
c
Masonry Walls, Retaining Walls, Fences Over
e
e
e
e
e
e
e
e
e
e
6' in Height
!`ha R I 'Rk FeRG Rig, Space Board Type
e
e
e
e
e
e
e
e
e
e
FeRG Ri etc Chain Link Cee. a Space_
Board Type Fenn ng e.^ Fences in
Floodplain or drainage easements
Setbacks for Gates
20'
20'
20'
20'
20'
20'
20'
20'
20'
20'
Variances
f
f
f
f
f
f
f
f
f
f
a: An encroachment f8RG8 fence permit is required if -for if fences isge-be is-te-be
constructed in the public right-of-way.
a-1: A building permit is required for fencing around swimming pools, fe^^R-A Aver s x
feet he ght f^^^^g ever q X f^^`'^ height, masonry walls and retaining walls.
Ordinance No. (081315)
CAP082715 Page 77
--b: Forty -two -inch -high maximum fencess height allowed within front yard setback
area.
*c: No fencing will conflict with the sight distance requirements set by Section
17.60.110 and 17.60 the pub! G works departrneRtthe pub! G works departm8m
*1: Fence height will be measured from the finished grade on the side nearest the
street.
e: See Section 8.24.260(A) for specific fence construction standards for fences located
in or adjacent to a recognized floodplain. No fence shall impede or divert the flow of
water through any drainage easement unless it can be determined that the fence
will not adversely impact any property owner and will not adversely impact the
overall drainage system.
f: Requests for variances vaTexceptions to the standards in Table
17.57.01shall be made by application on such form as des fined by the G ty manager
and r.; II Ing rRv, awed' on such form as .Vee'.. Merl by the G ty manager and w 11 be
rye' ''n accordance with Chapter 47,05 474517.13.
SECTION 9. Amendments to Title 17.60.140 General Regulations for similar uses is
clarified the zoning code.
CHAPTER 17.60
GENERAL REGULATIONS
17.60.140 Authorization for similar uses.
17.60.140 Authorization for similar uses.
The planning commission may rule that a use, not specifically named in the examples of
allowed uses of a district shall be included among the allowed uses, if the use is of the
same general type and is similar to the permitted uses.
A. The planning commission in ruling upon similar uses shall find as follows:
1. That the use is closely related to listed uses in the NAICS and can be
shown to exist compatibly with those uses;
Ordinance No. (081315)
CAP082715 Page 78
--------
—
JfST:f1TT-T:
-
32 3. That the use is treated under local, state or national codes or rules in
the same manner as permitted uses. Except that these codes or rules shall
not include land use or zoning regulations; and,
43 4. That the use is consistent with the purpose of the district and the
comprehensive plan map and policies.
B. The planning commission may rule upon similar uses for one or more districts either
when a similar use is proposed or at the time of amendments to the zoning text or
zoning map. The city shall maintain a record of rulings on similar uses.
SECTION 10. Amendments to Title 17.65 TOD Districts Amends Tables in the TOD
District zoning code.
CHAPTER 17.65
TOD DISTRICTS AND CORRIDORS
17.65.050 Zoning regulation s — TOD Districts.
17.65.060 — TOD Corridor, Table 4
17.65.050 Zoning Regulations —TOD Districts
Ordinance No. (081315)
CAP082715 Page 79
Table 1
TOD District Land Uses
Use Categories
Zoning Districts
N
N
LMR
MMR
HMR
EC
GC
C
OS
Residential
Dwelling, Single -Family
N
I N
I N
Family Care
P
P
P
Large and standard lot
Zero lot line, detached
P
P
L5
P
N
N
N
N
N
N
N
N
N
N
Attached row houses
P
P
P
C
N
I N
I N
Multiplex, P P P L1 L1 N N
apartment Congregate
(Congregate -(sSenior)) L6 P P L1 L1 N N
housing
Accessory Units
P1
P1
P1
C
N
N
N
Boarding/Rooming House
N
C
C
N
N
N
N
Family Care
P
P
P
N
N
N
N
Family day care P P P N N N N
Day care group home C C P N N N N
Adult day care
C
C
C
N
N
N
N
Home Occupation
P
P
P
P
N
N
N
Residential Facility
P
P
P
N
N
N
N
Residential Home
P
P
P
N
N
N
N
Commercial
Entertainment
N
N
C
P
P
N
N
Professional Office
C
L3
L3, L4
P
P
P
N
Retail Sales and Service
Ordinance No. (081315)
CAP082715 Page 80
Table 1
TOD District Land Uses
Use Categories
Zoning Districts
L3
LMR
MMR
HMR
EC
GC
C
OS
Sales -oriented
C
L3
L3
P
P
N
N
Personal service-oriented
C
G
C
P
P
N
N
Industrial
Manufacturing
GL3
GL3,L4
N
N
P
N
Repair -oriented
N
N
N
P
P
N
N
Drive-through facilities
N
N
N
P
P
N
N
Quick vehicle service
N
N
N
P
P
N
N
Vehicle sales, rental and repair
N
N
N
P
P
N
N
Tourist Accommodations
Motel/hotel
Bed and breakfast inn
N
C
N
C
C
P
P
P
P
P
N
N
N
N
Industrial
Manufacturing
N
N
N
N
P
N
N
Industrial Service
Light
Heavy
N
N
N
N
N
N
N
N
P
C
N
N
N
N
Wholesale Sales
N
N
N
N
P
N
N
Civic
Community Services
C
C
C
N
N
P
C
Hospital
C
C
C
C
N
C
N
Public facilities
C
C
C
C
C
C
N
Religious assembly
C
C
C
C
N
P
N
Schools
C
C
C
N
N
P
L2
Utilities I C C C C C C I C
Ordinance No. (081315)
CAP082715 Page 81
Table 1
TOD District Land Uses
Use Categories
Zoning Districts
LMR
MMR
HMR
EC
GC
C
OS
Open Space
Parks and Open Space
P
P
P
P
P
P
P
N --Not permitted.
P --Permitted use.
P1 --Permitted use, one unit per lot.
C --Conditional use.
L1 --Only permitted as residential units above ground floor commercial uses.
L2 --School athletic and play fields only. School building and parking lots are not
permitted.
1-3—Permitted in existing commercial buildings or new construction with
gGround floor businesses with n �••''..,tlih'^ with multifamily dwellings building
buildingabove ground floor. Maximum floor area of ef-for commercial use not to
exceed ten thousand square feet per tenant.
L4 --Second story offices may be permitted in areas adjacent to EC zones as a
conditional use.
LS --Only permitted as a transition between lower density zones and/or when adjacent to
an environmentally sensitive area.
L6 --Permitted only when part of an existing or proposed congregate ng
sengregate housing -senior housing project on abutting property under the same
ownership within the MMR or HMR district.
17.65.060 – TOD Corridor, Table 4
Ordinance No. (081315)
CAP082715 Page 82
Table 4
TOD Corridor Land Uses
Use Categories
Zoning Districts
C
LMR
MMR
EC
GC
Residential
Dwelling, Single -Family
Large and standard lot P L4 N N
Zero lot line, detached P P N N
Attached row houses P P N N
Dwelling, Multifamily
Multiplex, apartment P P L1 L1
Congregate (senior) housing L5 P L1 N
Accessory Units
P1
P1
C
N
Boarding/Rooming House
N
C
N
N
Family Care
Family day care P P N N
Day care group home C C N N
Adult day care
C
C
N
N
Home Occupation
P
P
P
N
Residential Facility
P
P
N
N
Residential Home
P
P
N
N
Commercial
Entertainment
N
N
P
P
Professional Office
C
L3
P
P
Retail Sales and Service
Sales -oriented
Personal service-oriented
Ordinance No. (081315)
CAP082715 Page 83
C L3 P P
C C CL3 P P
Table 4
TOD Corridor Land Uses
Use Categories
Zoning Districts
P
LMR
MMR
EC
GC
Repair -oriented
N
N
P
P
Drive-through facilities
N
N
P
P
Quick vehicle service
N
N
P
P
Vehicle sales, rental and repair N N N P
Tourist Accommodations
Motel/hotel N N P P
Bed and breakfast inn C C P P
Industrial
Manufacturing N N N P
Industrial Service
Light N N N P
Heavy
N
N
N
C
Wholesale Sales
N
N
N
P
Civic
Community Services
C C N N
Hospital C C C N
Public Facilities
C
C
C
C
Religious Assembly
C
C
C
N
Schools
C
C
N
N
Utilities C C C C
Open Space
Parks and Open Space P P P P
N --Not permitted.
Ordinance No. (081315)
CAP082715 Page 84
P --Permitted use.
P1 --Permitted use, one unit per lot.
C --Conditional use.
L1 --Only permitted as residential units above ground floor commercial uses.
L2 --School athletic and play fields only. School building and parking lots are not
permitted.
1 -3 --Permitted in existing commercial buildings or new construction with gGround
floor business with in -a R a -multifamily dwellings above ground floor buiIdingbuiIding
Maximum floor area for commercial uses not to exceed of ef-ten thousand square
feet per tenant.
L4 --Only permitted as a transition between adjacent lower density zones and/or when
adjacent to an environmentally sensitive area.
L5 --Permitted only when part of an existing or proposed senioreongregate congregate
housing project on abutting property under the same ownership within the MMR or HMR
district.
SECTION 11. Amendments to Title 17.75 Design and Development Standards in the
TOD District zoning code is amended as follows.
CHAPTER 17.75
DESIGN AND DEVELOPMENT STANDARDS
17.75.039 Off-street parking design and development standards.
17.75.039 Off-street parking design and development standards.
All off-street vehicular parking spaces shall be improved to the following standards:
A. Connectivity. Parking lots for new development shall be designed to provide
vehicular and pedestrian connections to adjacent sites unless as a result of any of the
following such connections are not possible:
Ordinance No. (081315)
CAP082715 Page 85
1. Topographic constraints;
2. Existing development patterns on abutting property which preclude a logical
connection;
3. Traffic safety concerns; or
4. Protection of significant natural resources.
B. Parking Stall Minimum Dimensions. Standard parking spaces shall conform to the
following standards and the dimensions in Figure 17.75.03 and Table 17.75.02. -
provided that compact parking spaces permitted in accordance with Section
17.64.040(G), shall have the following minimum dimensions:
1. Width — Shall be as provided in Column "B" in Table 17.75.02;
Length - Shall reduce column "C" in the table 17.75.02 by no more than three (3)
feet.
SECTION 12. Amendments to Title 17.76 Conditional Use Permits is amended to
remove the required fee which is set by resolution:
CHAPTER 17.76
CONDITIONAL USE PERMITS
17.76.020 Information required
17.76.020 Information required
An Application for a conditional use permit shall include the following information:
A. Name and address of the applicant;
B. Statement that the applicant is the owner of the property or is the authorized
agent of the owner;
C. Address and legal description or the assessor's parcel number of the property;
D. An accurate scale drawing of the site and improvements proposed. The drawing
must be adequate to enable the planning commission to determine the compliance of
the proposal with the requirements of this title;
E. A statement indicating the precise manner of compliance with each of the
applicable provisions of this title together with any other data pertinent to the findings
prerequisite to the granting of a use permit.
Ordinance No. (081315)
CAP082715 Page 86
SECTION 13. 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 14. 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
Return to Agentla
Ordinance No. (081315)
CAP082715 Page 87