HomeMy WebLinkAboutCAP032510Central Point
City Hall
664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingler
Ward II
Mike Quilty
Ward III
Matthew Stephenson
Ward IV
Allen Broderick
At Large
Carol Fischer
Kay Harrison
Administration
Phil Messina,
City Administrator
Community
Development
Department
Tom Humphrey, Director
Finance Department
Bev Adams, Director
Parks and Public Works
Department
Matt Samitore,
Interim Director
Police Department
Jon Zeliff, Chief
CITY F CENT' P NT
Cif C®alc~l eeti~ Agenda
arc 25, 2010
Next Res. 1254
Next Ord. No. 1935
I. GULAl~ E'T G CALLE 'I'® E1Z - 7:00 P.M.
IL PLEDGE F LEGIANCE
III. R®LL C L
IV. SPECIAL P SENT'ATIN
A. RVCOG Annual Report
V. PUBLIC APPS CES
C®NSEN'I' AGENDA
A. Approval of March 11, 2010, City Council Minutes
VII. I'I'EIi~IS Ni®VEI) FIB CNSENT AGE A
I. P LIC NG, ANCES, ANI) SLU'I'INS
Pg 1 - 2 A. Resolution IVo. ,Assessing Costs for
Drainage Channel Obstruction on 372W10AD Tax Lot
2800 - 501 Glenn Way, Central Point, Oregon (Clayton)
3 - 17 B. Public Hearing -First Reading, An Ordinance Vacating a
Portion of Oak Street Between Amy Street and South
Haskell Street (Humphrey)
18 - 32 C. Public Hearing -First Reading, An Ordinance Vacating a
Portion of Alley Right-Of--Way Located in a Subdivision
Known as the Oak Park Addition (Humphrey)
IX. SITS SS
33 A. Planning Commission Report (Humphrey)
X. YIN'S P®I2T
XI. CITY 1dIII+lIST T®I~9S P®I~T
I. C®i11~CIL, I'®I~TS
XIII. DEP T NT P®I~TS
XIV. E CIT'I'I~ SESSII~T
The City Council may adjourn to executive session under the provisions of ORS 192.660.
Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive
session are not for publication or broadcast.
XV. J® N~'
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CITY OF CENTRAL POINT
City Council Meeting Minutes
March 11, 2010
I. REGULAR MEETING CALLE® TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE.
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingier, Carol
Fischer, Kay Harrison, Mike Guilty, and Matthew
Stephenson were present.
City Administrator Phil hessina; City Attorney Doug Engle;
Police Chief Jon Zeliff; Community Development Director
Tom Humphrey; Interim Parks and Public Works Director
Matt Samitore; Assistant City Administrator Chris Clayton;
and City Recorder Deanna Casey were also present.
IV. SPECIAL PRESENTATION
A. Swearing in of Officers Griffin and illias
Chief Zeliff presented officers Chadd Griffin and Marc Williams to the Council. He
explained their back grounds and then swore each officer into the Central Point
Police Department.
13. I-6 Corridor Report
ODOT representative Mike Baker presented a list of projects that are being
considered for around the Rogue Valley and Central Point. He presented:
® Concepts that are being discussed to handle the traffic along I-5 to
accommodate the increase in traffic to the year 2050.
® Documentation. of existing volumes, level of service, and trip distribution
for interchanges along I-5.
® Options for safety, capacity enhancement, and transportation demand
management.
Ideas for a possible HOV lane.
® Options for a rapid transit.
Most of the congestion will be caused by local residents using 1-5 to get around
the valley.
V. PUBLIC APPEARANCES -None
VI. CONSENT AGENDA
City of Central Point
City Council Minutes
March 11, 2010
Page 2
A. Approval of February 25, 2010,. City Council Minutes
Interim Parks and Public Works Director Matt Samitore stated that at the January
City Council meeting the Council adopted a special events packet for various
events in the City limits. The Council excluded the fireworks portion to better
clarify the city's role in legal versus illegal fireworks.
The special event permit is intended to clarify events that include fireworks
beyond what is sold at retail outlets in Oregon. A special event is not necessary
for the common citizen to use legal fireworks as designated by State of Oregon.
Mike guilty made a motion to approve Resolution N®. 1252, A Res®lution to
Establish a Special Events Permit for Fireworks ®isplays. Bruce Dingler
seconded. Roll call Alien Broderick,. yes, Bruce Dingler, yes; Carol Fischer, yes;
Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved.
B. Resolution No. 1253, A Resolution Adopting the 2010 Rules of the
City Council and Code of Ethics
City Recorder Deanna Casey stated that the Council discussed changes to the
Rules of the City Council in February. The recommended resolution approves the
updates to the rules and Code of Ethics. New books will be provided to the
Council once a resolution is approved. There may be changes to the Council
Rules after the first of the year if amendments to the City Charter are approved
by the voters in November.
14ay Harrison made a motion to approve Resolution No. 1253, A Resolution
Adopting the 2010 Rules of the City Council and Code of Ethics. Carot
Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Carol
Fischer, yes; Kay Harrison, yes;. Mike Quilty, yes; and Matt Stephenson, yes.
Motion approved.
IX. BUSINESS
A. Committee Appointments
City of Central Point
City Council Minutes
March 11, 2010
Page 3
Mayor Williams stated that there are vacancies on a few of the City Committees.
Applications of interest have been provided for Council review.
Multicultural Committee: There is one vacancy on the Multicultural Committee.
The City received two applications from interested citizens. Chair person
Shannon Moulin recommends JoEllen (Jody) Falske because she has been
attending meetings and shows interest in working with the School District which
is a main push for the committee at this time.
Kay Harrison made a motion to appoint Jody Falske to the talticultural
Committee with a term expiring December 31, 2012. Carol Fischer seconded.
Roll call: Allen Broderick, yes, Bruce Dingler, yes; Carol Fischer, yes; Kay
Harrison, yes; Mike Quilty, yes; grid .Matt Stephenson, yes. Motion approved.
Budget Committee:. There is currently one vacancy and one reappointment for
the Budget Committee. Scott Dipple has expressed. interest in being reappointed
to the Budget Committee for another term. We have received two applications for
the vacant position. Mayor Williams recommends appointment of Steven Weber,
a Central Point resident who has a financial background.
Matt Stephenson made a motion to appoint Steven Weber and reappointing
Scott Dipple to the Budget Committee with terms expiring December 31,
2012.. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes;
Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, .yes; and Matt Stephenson,
yes. Motion approved.
Arts Commission:
The City has received five applications for the newly approved Arts Commission.
The Arts Commission is a seven member committee .but. the City has not
received enough interest at this time. It is recommended that all five qualified
applicants be appointed with the hopes that there will be more citizen
involvement once the committee starts meeting.
Mike Quilty made a motion to appoint Rick oody and Louis Colosimo to
the Arts Commission with terms ending December 31, 2012. Matt
Stephenson seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Carol.
Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes.
Motion approved.
Mike Quilty made a motion to appoint Tony Antonides, Robert Reid, and
Debbie illiams to the Arts Commission with terms ending December 31,
2011. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes;
Carol Fischer,. yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson,
yes. Motion approved.
X. COUNCIL BUSINESS -None
City of Central Point
City Council Minutes
March 11, 2010
Page 4
XI. MAYOR'S REPORT
Mayor Williams reported: that he attended:
® The Chamber annual auction and dinner.
® The RVACT meeting where they toured the airport.
® An RPS Policy meeting.
XII. CITY A® INISTRATOR'S REPORT
City Administrator Phil Messina reported that:
® It is budget season. and all the departments have been in meetings to discuss
their budgets for next year. The Budget Committee meetings will be April 12tH
and 19m
® He delivered the draft teachers guide for the history video to Scott Dipple at
School District 6.
® The Study Session scheduled for March 15th is cancelled. The City is waiting
on information from FEMA.
XIII. COUNCIL REPORTS
Council Member Matt Stephenson attended a conference in Washington D.C.
where he talked with several State Representatives about local issues.
Council Member Carol Fischer reported: that she attended the Hamazons Show
at Crater High School.
Council Member Allen Broderick reported that he attended the Central Point
Chamber Annual Dinner and Auction.
Council Member Mike Quilty reported that. he:
® Attended a West. Coast Corridor meeting.
® Is working with representatives from the state on funding criteria for projects
around the valley.
® Attended a Rogue Valley Clean Cities Coalition meeting..
® Attended an RPS Meeting where he testified on behalf of the MPO.
XI!/. ®EPARTMENT REPORTS
Community Development Director Tom Humphrey reported that:
® He sent a letter to ODOT .Rail regarding the crossing for Twin Creeks.
Hopefully the letter will clear up the last of the issues that they have with the
project.
® The Citizens Advisory Committee held their open house for RPS on March
Stn
® The Planning Commission will have their first formal RPS Public Hearing on
March 16'h. The Council can expect to hold Public Hearings in May.
® He has had discussions with a design company for ideas for the I-5 over
pass.
Cih~ of Central Point
City Council Minutes
March 11, 2010
Page 5
® Hammond engineering is interested in locating a Green Technology
Showcase building in Central Point.
Police Chief Jon Zeliff reported that:
® The incident at Crater High School was handled well by all involved. They will
be reviewing. the incident to see what worked in the emergency evacuation
and if there ate any issues that need to be addressed.
® He will be presenting a few ethics sessions in Jackson and Josephine
Counties if anyone is interested in attending.
Interim Parks and Public Works Director Matt Samitore reported that:
® He has been working with Parks and Public Works employees to reorganize
the two departments into one. With the consolidation. of the two departments
they were able to create a permanent position for Sarah Garceau.
® Staff will be working on the Public Works Standards and updating them to
include environmental issues.
® Community Clean Up will be April 24tH
Assistant City Administrator Chris Clayton reported that:
® CEMQ money will be available to use for a couple of the projects on the
Capital Improvement Plan.
® We are looking for one more citizen to participate on the Charter Review
Committee. We hope to begin meeting at the end of March.
® Staff is working on an Ordinance regarding vacant/foreclosed properties.
® Currently the economic indicator looks good for the State of Oregon.
XV. EXECUTIVE SESSI®N -None
XVI. ADJ®URNMENT
Matt Stephenson moved. to adjourn, Mike Quilty seconded, all said "aye" and the Council
Meeting was adjourned at 8:29 p.m.
The foregoing minutes of the March 11, 2010, Council meeting were approved by the
City Council at its meeting of March 25, 2010.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
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TO: Mayor & Council
FROM: Bev Adams, Finance Director~~
SUBJECT: Ryerson lien
DATE: March 18, ao~o
Background:
Finance Department
Bev Adams, Finance Director
The owner of 501 Glenn Way was notified by the City of a drainage channel obstruction and asked to
remove the obstruction within 15 days.
The property owner did not respond to the request for removal; the City then removed the obstruction
and notified the owner of the $426.00 assessment.
The attached resolution is for the purpose of placing a lien on the property for the amount of the
unreimbursed assessment owed to the City.
Recommended Action:
That the Council adopt the attached resolution placing a lien upon the property at 501 Glenn Way to
reimburse the City for costs associated with removal of drainage channel obstruction.
_.. .,
RESOLUTION NO.
A RESOLUTION ASSESSING COSTS FOR
DRAINAGE CHANNEL OBSTRUCTION ON
37 2W lOAD Tax Lot 2800 - 501 Glenn Way
CENTRAL POINT, OREGON
Recitals
1. Pursuant to CPMC Chapter 8.28, the City notified the owner of the above mentioned
property to remove the unlawful drainage channel obstruction on the parcel within
fifteen (15) days of said notification.
2. Such obstruction was not removed in a timely manner, and the City proceeded to
remove the obstruction, at a cost to the City.
3. The property owner was notified of the proposed assessment and given thirty (30)
days to respond.
4. The property owner has responded to the City to contact them regarding the cost of
the assessment.
NOW, THEREFORE, IT IS HERBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CENTRAL POINT OREGON,. that the following shall be assessed against
the parcels and in the amount as follows:
37 2W lOAD Tax Lot 2800 - 501 Glenn Way -Ryerson $426.00
This assessment shall be recorded in the City of Central Point Liens, shall constitute a
lien against the described property and shall bear interest at 10% per annum from the
date of entry in the lien docket.
Passed by the Council and signed by me in authentication of its passage this
day of , 2010.
Mayor Hank Williams.
ATTEST:
City Recorder
Approved by me this ,day of , 2010.
Mayor Hank Williams
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® INANCE Ne
® IN CE VACA'T'ING A PItT'IN ®F S1' ET' BET' EN AMY
ST' E'T ANI) SIJT S LL ST ET'
E AS, the City has determined that an 30 foot wide section on either side of the Oak
Street right-of--way between Amy Street and South Haskell Street (the "Vacation"), is not
required for public access and as such is no longer an asset to the City's street system; and
AS, in accordance with ORS 271.130 the Central Point City Council, on February 25,
2010 approved Resolution 1251 initiating the Vacation on its own motion; and
E AS, on March 25, 2010 the City Council held a duly noticed public hearing in
accordance with ORS 271.110 to consider the Vacation.
N®W T' E F® 9 The people of the City of Central Point, Oregon, do ordain that after full
and due consideration of the record as set forth in the Staff Report, attached hereto as Exhibit
"A", and the evidence presented at the public hearing, finds that the Vacation as legally described
in Exhibits "B" and "C" is hereby approved subject to the following:
1. Public Easeffientso There is hereby reserved to the City of Central Point and all
applicable public utility agencies an easement over the vacated street for purposes of
installation, maintenance, repair, and replacement of utilities, including the right to access
the property for those purposes.
Passed by the Council and signed by me in authentication of its passage this day of
2010.
Mayor Hank Williams
ATTEST:
City Recorder
Approved by me this day of , 2010.
Mayor Hank Williams
1 -Ordinance No. (03252010)
STAFF P®IZT
arch 25, 2010
ITEM:
Public Hearing to consider an ordinance vacating a portion of Oak Street between Amy Street
and South Haskell Street. Applicants City ®f Central P®int
STAFF SiJIZCE:
Tom Humphrey, AICP, Community Development Director
AC GIBIJ~TI):
The City periodically receives requests from citizens to consider the abandonment or `vacation'
of unimproved. sections of public right-of--way.. There have been two such requests by businesses
to vacate portions of Oak Street between Haskell and Amy Streets. The proposed vacated
section of Oak Street is unimproved and provides through public access connecting Amy Street
to South Haskell Street.
The Rogue Creamery and Rapp Racing have both stated that they would expand .the footprint of
their buildings if they had more property. They have identified the Oak Street right-of--way as an
area into which they could grow. This section of Oak Street has an existing eighty (80) foot
right-of--way. It is proposed that sixty feet (30 feet on both side) of the right-of--way be vacated.
(see Attachment "B") and reassigned, per State law, to the adjoining three property owners. The
remaining twenty (20) foot section in the center of the right-of--way will be retained as public
right-of--way, to allow for ingress-egress to the abutting properties. The property owners in
question have all agreed to the vacation (see Attachment "C") and once completed, the property
will be put on the tax roll.
At their February 25th meeting, the Central Point City Council approved Resolution #1251
(Attachment "D") setting a public hearing (3/25/2010) and initiating proceedings to consider
vacating the street right-of--way.
ISSiJES:
In eonsiderati®n ®f this itean there is ®ne issaae is w®rt>B to®tingo
1. In accordance with ORS 271.130, the City must make a determination whether or not the
right-of--way vacation will result in a substantial affect on property values. If it is
determined that the vacation will have a substantial affect on property market value, then
all of the abutting property owners must consent to the vacation. If, however, it is
determined that the vacation will not substantially affect the market value of property,
then consents from abutting property owners are not required. In Attachment "A",
findings have been prepared supporting a determination of no substantial affect on
property market values. Although not required, the three abutting property owners
(100%) have signed a petition supporting the right-of--way vacation.
J.:
A'TT'ACIIli~IENT'S:
A. Planning Department Findings
B. Map of Vacation Site
C. Petition -Consent of Adjoining Property Owners
D. Right-of-VVay Vacation Initiation Resolution
E. Public Works Staff Report
F. RV S S Comments
ACTT®1\TS:
Open public hearing and consider proposed vacation, close public hearing and move to second
reading on April g, 2010.
C1VIE A'TN:
Direct Staff to schedule the second reading for the next regularly scheduled City Council
meeting to approve the vacation ordinance.
.A ~`T A ~7H~/~~~TB' 66 A 99
Planning Department Findings
Applicant:. City of Central Point
Purpose. ®ak Street I~igl~t-®f--Way Vacation
File No. 10004
IN'TIt®I)IJCT'I®N
In the matter ofapproving aright-of--way (ROW) vacation of a portion of Oak Street. The right-
of-way vacation is located in the Transit Oriented Development District, General Commercial
zoning district. The street area to be vacated is a sixty (60) foot wide portion of Oak Street,
thirty (30) feet either side of the street, located between Amy Street and South I~askell Street on
Jackson County Assessor's Map 372W10AA.
Consideration of a vacation is subject to the criteria set forth in Oregon Revised Statute
271.130(1) as follows:
1. ®12S 271.130(1). The city governing body may initiate vacation proceedings authorized
by ORS 271.Og0 and make such vacation without a petition or consent of property
owners.
Finding: By Resolution No. 1251, the City Council initiated vacation of the
property described in Attachment "D".
Conclusions The City is authorized to initiate the vacation per ORS 271.130.
2. ®1~S 271.130(1). No street area will be vacated without the consent of the owners of the
abutting property if the vacation will substantially affect the market value of such
property, unless the city governing body provides for paying damages.
Finding: The vacation will not affect access to the property or the use of the
abutting property as permitted by the City of Central Point Municipal Code. In all
cases, property values of all abutting properties will not decrease in value as a
result of the vacation.
Conclusion: Based on the above findings that the proposed vacation will not
substantially affect the market values of the abutting property, it is determined
that the proposed vacation is in compliance with ORS Section 271.130(1), and
that consent from all abutting property owners is not necessary.
3. 271.130(1). No street area will be vacated if the owners of a majority of the area
affected, computed on the basis provided in ORS 271.Og0, object in writing.
Finding. No objections, written or otherwise, to the vacation were received.
Conclusion: Based on the fmding, there is no objection to the vacation of the
street. Notice will be advertised in the local newspaper and posted on the
Vacation site as per ORS 271.110 prior to public hearings before the Central Point
J~,_
Oak Park Addition ROW Vacation -Findings
City Council. It is determined that the proposed vacation is in compliance with
Section 271.130(1).
4. ®ItS 271.140. Title to the street or other public area vacated shall attach to the lands
bordering on such area in equal portions; except that where the area has been originally
dedicated by different persons and the fee title to such area has not been otherwise
disposed of, original boundary lines shall be adhered to and the street area which lies on
each side of such boundary line shall attach to the abutting property on such side.
Finding: Title to the vacated right-of--way will be distributed to the appropriate abutting
properties in accordance with ORS 271.140. Legal descriptions have been prepared
distributing the vacated area per ORS 271.140 (Exhibit B & C).
C®nclusion: Distribution of the proposed vacated area will be completed in accordance
with ORS 271.140.
5. City ®f Central P®int Transp®rtati®n System Plan.
Findingso Based on the City's current Transportation System Plan, Oak Street is
designated as a Local Street. The right-of--way vacation will result in the street
being converted from an eighty (80) foot right-of--way to a twenty (20) foot wide
alley which will still provide needed connectivity between Amy Street and South
Haskell Street. _
C®nclusi®n: The proposed vacation does not alter, or otherwise affect, the street
classification or circulation of Oak Street, Amy Street, or South Haskell Street
and is therefore consistent with the City's TSP.
6. City ®f Central P®int Public W®rlcs Standards<
Findingso The right-of--way vacation will result in the current eighty (80) foot
right-of--way being reduced to twenty (20) feet resulting in an alley.
C®nclusi®n: The proposed vacation results in aright-of--way width consistent
with the City's Public Works Standard for an alley.
Oak Park Addition ROW Vacation -Findings
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EXHIBIT Assessor's i~ap No. 372W10AA
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SCALE: 1 " = 100'
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Prepared by:
FARBER SO1VS, I1VC. REGISTERED
dba FARMER SURVEYi1VG PROFESSIONAL
D SZ7$Y®R
4.31 Ook Street
Cen tr®I Point, Oregon 97502 ~~~.,,,~~~
(,547) 664-5599 -
OREGON
JULY 26, 1985
HERBERT A. FAR6ER
2189
DATE: February 15, 2010 a~~
JOB NO. 1687-1C •% ~~ P,ENEVJAL DATE 12-31-11
CENTRAL PGIlvi\CITY CP\ROGUE CREAMERY R1N VALAT7GlJ\MICROSURVEY\EXHfEIi OAK 51':DWG
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PE'I'ITI1\T
I/we the undersigned, support vacation of a portion of Oak Street right-of way as illustrated in
the attached exhibit:
Tex ap 372 10
Ice Palace, LLC
P.®. >3ox 3606
Central POlnt, ®R 97502
Gilliam R. Rapp
3395 Grrant Road
Central Point, ®R 97502
Thomas L. Canon
525 Nick Young Road
Eagle Point, ®R 97524
;~
Tax Lot 6200
Tax Lot 6300
Tax Lot 6400
PE'I'ITI~1
I/we the undersigned, support vacation of a portion of Oak Street right-of--way as illustrated in
the attached exhibit:
'Taz ap 372 10
Ice Palace, LLC
P.O. Eox 3606
Central Point, OR 97502
William R. Rapp
3395 Grant Road
Central Point, OR 97502
Thomas L. Canon
525 IViclc Young Road
Eagle Point, OR 97524
Tax Lot 6200
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A I S A U I~IC G G E GS
T' C T' F S ET E ST ET S UT
L,I. ST ET
.~5, a Cen Point City Council (the "Council) is aaa o ' d under ®ItS 271.130 to
initi vacation d` s for any public str vvitlaout a tition or co t of prop
o ers; d
it is the intent of the Council to initiate ~ 'al vacation of ®alc Street between
y S t to South kell S as specific y described in a c E ibits 6699 d 6`999
S, ~ Co cil's `on to .initiate the above described vacation vrill accomplished
an acco ce ~nith all ~pplic~ble provisions of ® S 271.130;
'T F' S LSE by the City Council of the City of Cen Point,
®regon t a public h g is set for ~ °~', 2010 at 7:00 p.m. in the Cora Point
Co cil C ,City 1, 140 South ' d S t, Ccn Point, gon to ive public
testimony ding the vacation and to e a det ion reg e. Notice of said
public h ' 1~ s provid in ce ~-i ORS 271.110.
Pas by the Co cil .and signed by ffie iai authentication of its passage 's Y of
010.
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Ap ved y me °s y ®f 2010.
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Pr® ~L'esera ' on
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~sses~r's map 372W 10
S®u y t:
No 2y ct:
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Farber Sons, Inc.
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Central P®in~ assn 97502.
541 -5599
Date;. ~'ebr~ 16, 2010
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PUPLIC ® ,.S'TAF'F P®IiT
March 3, 2010
AGE A Nis
Vacation of a portion of Oak Street located between Amy Street and I~askell Street for approximately thirty (30)
feet on both sides of the street.
'Traff cs
Oak Street. is a local. street.. 'Traffic Counts on the street indicate that there is less than 10 peak hour trips (P1~T)
and those trips are associated with the three businesses that use the street.
Infrast ctures
Streets: Oak Street is a eighty (g0) foot right-of--way that is currently unimproved.
1Vater: IVo water lines exist within the proposed vacation area.
Storm Yd~ater: No Strom Drain exists within the proposed vacation area..
Sewer - No Sewer lines exists within the proposed vacation area
Conditi®ns ®f Apr®vah
1. Remaining Alley/Street- The remaining twenty feet (20') portion shall be paved when future development
occurs, or through grant funding, whichever comes first.
-- .~.
940 South 3'~ Street ~ Central Point, O 97502 ®541.664.3321 ®Fax 541.664.634
David Jacob
City of Central Point Planning Department
155 South S~ond Street
Central Point, Oregon 97502
ilea ®ak Street Vacati®n, File x#100
Dear David,
There are no sanitary sewer facilities within the section of Oak Street proposed to be
vacated. All adjacent parcels are adequately served by sewers either on Amy Street or
Haskell Street. Rogue Valley Sewer Services has no objection to the proposed vacation.
Feel free to call me if you have any questions regarding this project.
\\>3CVSA E\>3CVSA41 V®I,1.NIED®R.ECVSA\DATA\AGEIVCIES\CENTPT\1'I.ANI~TG\
STREETVACATI®1V\10004 ®AK S ET.D®C
Exhibit " ~ "
Property Description
City of Central Point
Right of Way ~Iacation Oak Street
Assessor's 1lQap 372W l OAA
Southerly tract:
Beginning at the Northerly most corner of Block 9 of the Army Harbaugh's Addition to Central
Point, according to the official plat thereof, now of record in Jackson County, Oregon; thence
Southwesterly along the north line of said Block and along the north line of Lot 6 of The
Cooksey Addition to Central Point, according to the official plat thereof, now of record in the
records of Jackson County, Oregon,. a distance of 290 feet more or less to the Easterly right of
way line of Haskell Street; thence Northwesterly, along said Easterly right of way lane 30 feet;
thence Northeasterly, parallel with and 30 feet northwesterly of said north line of said Lot and
Block, 290 feet more or less to the westerly right of way of Amy Street; thence Southeasterly
along said westerly right of way 30 feet to the point of beginning.
Northerly tract:
Beginning at the northerly most corner of Oak Street of the Amy Harbaugh's Addition to Central
Point, according to the official plat thereof, now of record in Jackson County, Oregon; thence
Southwesterly along. the north line of said Street, 290 feet more or less to the easterly right of
way of Haskell Street; thence Southeasterly along said easterly right of way line, 30 feet; thence
northeasterly, parallel with and 30 feet southerly of said north lane, 290 feet more or less to the
westerly right of way line of Amy Street; thence Northwesterly along. said westerly right of way
line to the point of beginning.
Prepared by: Herbert A Farber
Farber & Sons, Inc.
d.b.a., Farber Surveying
431 Oak Street
Central Point, Oregon 97502
541-664-5599
Date: February 16, 2010
EXHIBCT "C "
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~'reparcd by:
FARBER SONS, ~NC. REGIS:I'ERED
PROFESSIONAL
dba FARMER SURVEYING D sU~tyoR
439 O®k Street
Cen trol Point, Oregon 97502 ~ ~
(541) 664-5599
OREGON
JULY 26, 1985
HERBERT P,. FAR6ER
2188
'JA TE: February ~ 5, 2G10
JOE f~!0. 1687-7C ~=~ P.ENEVJAL DATE 12--31-11
CEtd7RA;_ PO/fJi\Cf1'Y CP\RCGUE CP.EA;~tERY RiN VACATii~r~~\MfCROSURVEY\EXHlel7 UAK S7.DWG
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® INAI~CE N®.
AN ® II~T CE VACA'T1~G A Plt'TI®N ®F AI~LEl' GIiT'-F-WAI' I.®CATEI)
ITT A SiJ1aI)I SI®N ® AS T' E ® PA I)ITIN
W E AS, the City has determined that an eighteen (18) foot wide portion of alley located in a
subdivision known as Oak Park Addition, adjacent to Tax Lots 2400 and 2500 (the "Vacation"),
is not required for public access and as such is no longer an asset to the City's street system; and
E AS, in accordance with ORS 271.130 the Central Point City Council, on February 25,
2010 initiated the Vacation on its own motion; and
E AS, on March 25, 2010 the City Council held a duly noticed public hearing. in
accordance with ORS 271.110 to consider the Vacation.
N®W THE F 9 The people of the City of Central Point, Oregon, do ordain that after full
and due consideration of the record as set forth in the Staff Report, attached hereto as Exhibit
"A", and the evidence presented at the public hearing, finds that the Vacation as legally described
in Exhibits "B" and "C" is hereby approved subject to the following:
1. Public Easeffients. There is hereby reserved to the City of Central Point and all
applicable public utility agencies an easement over the vacated alley for purposes of
installation, maintenance, repair, and replacement of utilities, including the right to access
the property for those purposes.
Passed by the Council and signed by me in authentication of its passage this day of
2010.
Mayor Hank Williams
ATTEST:
City Recorder
Approved by me this day of , 2010.
Mayor Hank Williams
1 -Ordinance No. (03252010)
1~
STAFF P1tT
)February 25, 2010
I'I'EI~I:
Public Hearing to consider an ordinance vacating a portion of an alley right-of--way located in a
subdivision know as the Oak Park Addition, adjacent to adjacent to tax lots 2500 and 2400 as
located on Jackson County Assessor's map page 372W03DC. Applisantc City ®f Central
Point
STAFF S®iJItCEa
Tom Humphrey, AICP, Community Development Director
~ACKGit®iJ~I:
The City Council considered the vacation of this unimproved alley right-of--way in ~Iay 2002 but
elected not move forward. on the possibility that the area could be used for a commuter rail
platform. Since that time, city staff and business owners from both the Rogue Creamery and
Twin Creeks TOD have agreed that a more likely location for a platform would straddle the rail
line a few hundred feet north of this site where parking and access would be much better.
Historic maps of this area show that the majority of this alley right-of--way from Crater Iron to
the Wine Tasting building was vacated about the time that Highway 99 was constructed
(Attachment "B"). The area to be vacated now is approximately an 18' by 370' alley that was
originally part of the Oak Park Addition (Exhibits "A" & "B"). Since the alley right-of--way was
apart of the Oak Park Addition, the vacated lands would revert to the abutting properties, tax
lots 2500 and 2400, as located on Jackson County Assessor's map 372W03DC. The right-of-
way in question is unimproved and serves no public purpose. Vacation of the right-of--way will
not impact either existing, or future pedestrian or vehicular connectivity.
At their February 25`'' meeting, the Central Point City Council approved Resolution #1250
(Attachment "C") setting a public hearing and initiating proceedings to vacate the street right-of-
way. The public hearing was set for March 25, 2010.
ISSiJESe
In a®nsierati®® ®f this ite there is ®ne issue w®rth n®ting:
1. In accordance with ORS 271.130, the City must make a determination whether or not the
right-of--way vacation will result in a substantial affect on property values. If it is
determined that the vacation will have a substantial affect on property market value, then
all of the abutting property owners must consent to the vacation. If, however, it is
determined that the vacation will not substantially affect the market value of property,
then consents from abutting property owners are not required. In Attachment "A",
findings have been prepared supporting. a determination of no substantial affect on
property market values. Although not required, owners of the two abutting tax lots
(100%) have signed a petition supporting the right-of--way vacation (Attachment "C").
CQNI)IT'INS;
1. 'There is an existing four (4) inch and an eighteen (18) inch sewer line in a portion of the
right-of--way that are still in service. The City Public Works Department and Rogue
Valley Sewer Services are requiring that a Public Utility Maintenance Easement be
recorded prior to conveyance of the property. The easement would include restrictions
on the property, allowing for the continued maintenance of the utilities.
AT"I'ACII NTS:
A. Planning Department Findings
B. Historic Map of Vacation Site
C. Petition -Consent of Adjoining Property Owners
D. Right-of--Way Vacation Initiation Resolution
E. Public Works Staff Report
F. RVSS comments
G. Map of Existing Water and Sewer Lines
ACTINS:
Open public hearing and consider proposed vacation, close public hearing and move to second
reading.
CNINIENI)AT'I®IVe
Direct Staff to schedule the second reading for the next regularly scheduled City Council
meeting. (April 8, 2010) to approve the vacation ordinance.
ATTACil ~1®T 66 A 99
Planning epartnaent Findings
Applicant: City of Central Point
Paarpose: ®ak Paa-k Addition Alley 'ght-f--Way Vacation
File N®. 10006
INTItiTCTI®1®T
In the matter of approving aright-of--way (ROW) vacation for an alley. The right-of--way
vacation is located in the Transit Oriented Development District, General Commercial zoning
district. The alley to be vacated is an eighteen (18) foot wide strip of land located in a
subdivision known as the Oak Park Addition, adjacent to tax lots 2400 and 2500 on Jackson
County Assessor's Map 372W03DC.
Consideration of a vacation is subject to the criteria set forth in Oregon Revised Statute
271.130(1) as follows:
1. ®ItS 271.130(1). The city governing body may initiate vacation proceedings authorized
by ORS 271.080 and make such vacation without a petition or consent of property
owners.
Finding: By Resolution No. 1250, the City Council initiated vacation of the
property described in Attachments "C".
Conclusion: The City is authorized to initiate the vacation per ORS 271.130.
2. ®ItS 271.130(1). No street area will be vacated without the consent of the owners of the
abutting property if the vacation will substantially affect the market value of such
property, unless the city governing body provides for paying damages..
Finding.: The vacation will not affect access to the property or the use of the
abutting property as permitted by the City of Central Point Municipal Code.. In all
cases, property values of all abutting properties will not decrease in value as a
result of the vacation.
Conclusion: Based on the above findings that the proposed vacation will not
substantially affect the market values of the abutting property, it is determined
that the proposed vacation is in compliance with ORS Section 271.130(1), and
that consent from all abutting property owners is not necessary.
3. 1tS 271,130(1). No street area will be vacated if the owners of a majority of the area
affected,. computed on the basis provided in ORS 271.080, object in writing.
Finding: No objections, written or otherwise, to the vacation were received.
C®nclusi®n: Based on the finding, there is no objection to the vacation of the
alley. Notice will be advertised in the local newspaper and posted on the Vacation
site as per ORS 271.110 prior to public hearings before the Central Point City
Oak Park Addition ROW Vacation -Findings ..
4. ®I~S 271.140. Title to the street or other public area vacated shall attach to the lands
bordering on such area in equal portions; except that where the area has been originally
dedicated by different persons and the fee title to such area has not been otherwise
disposed of, original boundary lines shall be adhered to and the street area which lies on
each side of such boundary line shall attach to the abutting property on such side.
Finding: Title to the vacated right-of--way will be distributed to the appropriate
abutting properties in accordance with ORS 271.140. Legal descriptions have
been prepared distributing the vacated area per ORS 271.140 (Attachment "A").
Since the alley to be vacated. was originally part. of the Oak Park Addition, it will
be returned in its entirety to the two tax lots (2400 and 2500) abutting the vacated
alley.
C®nclusi®n: Distribution of the proposed vacated area will be completed in
accordance with ORS 271.140.
5. City ®4' Central P®int 'Transp®rtati®n System Plan (1'SP).
Findings: The proposed right-of--way vacation will impact an unused portion of
an alley. Historic maps of this area show that the majority of this alley right-of-
way was vacated about the time that Highway 99 was constructed. The area to
be vacated now is approximately an 18' by 370' alley that was originally part of
the Oak Park Addition.
C®nclusi®n: The proposed vacation of the alley does not alter, or otherwise
affect, street classification or circulation and is therefore consistent with the City's
TSP. The vacation will not adversely affect either pedestrian or vehicular
connectivity.
6. City ®f Central P®int Public W®rl~s Standards.
Findings: There are existing four (4) inch and a two (2) inch water lines and an
eighteen (18} inch sewer line in a portion of the right-of--way that are still in
service and must be protected. It is acceptable practice to require a public utility
easement in such cases. Attachment "F" illustrates the location of the utilities and
the required public utility easement.
C®nclusi®n: The City Public Works Department and Rogue Valley Sewer
Services are requiring that Public Utility Easements be maintained to service
those utilities.
Oak Park Addition ROW Vacation -Findings
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PETIT' N
I/we the undersigned, support vacation of a portion of an alley located an the ®ak Park Addition
as ill ted in the attached exhibit:
'Taz ap 372 3 C
. . i-Iarlan
P.®.13ox 3606
Cen Point, ®1Z 97502
13avid L. Crre els
P.®.13ox 3606
Cen Point, ®lt 97502
Cary lt. )3ryant
P.®.13ox 3606
Cen Point, ®lt 97502
13 ey Pr®perties I.I,C
P.®. >3ox 3606
Central Point, ®iz 97502
. . I~arlan
P.®. fox 3606
Cen Point, ®It 97502
I3avid L. els
P.®. fox 3606
Cen Point,. ®R 97502
Caey I~.13ryant
P.®. fox 3606
Cen Point, ®R 97502
13 ey Pro 'es LLC
P.®. )3ox 3606
Cen Point, ®IZ 97502
Tax I,ot 2400
Tax Lot 2500
~~
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SIdLJ N N
Ld S A PZ3 IJIC A T G C E 1NS
T' ACA A EC°TI N F LEY G T'® A L. CA A
~. N AS ~' PA N, A JAC T' Z' I.~°TS
N JAC N C ASS SS 'S 372 C
the Cen Point City Council (the "Council) is a ori~ed der ®RS 271.130 ~
initiate v tion eed° s for any public street without a tition or co nt of paw
o eras and
AS, it is the intent of the Council to initiate a vacation of flee remainder of an
° proved alley loca in a subdivision kno as ® Park Addition, jacent to Tic Lots
24 and 2500 as specifically descri in attached E bit "A" d "13"; and
.~S, the Council's aeon to initiate the above descri vacation will be accomplished
in ce with all applicable provisi®ns of OItS 271.130,
N , , E I'T S L~ by the City C®uncil of the City of Central Point,
gon t a public b ` g is set for 2010 at 7:00 p.m. in the Cen Point
Cotuacil C ,City 1-lall, 140 South S t, Cen 1 Point, gon to ive public
testimony reg ing the vacation and to make a det tion rcgar g e. Notice of said
public h ° g shall providcd in accordance with ORS 271..110.
Pass by a Council and sign by me in authentication of its sage 's ~ day of
2010.
e
ayor illi
A'
corder
A rov by me this ~ day of 2010.
yor illi s
J .,
~Xl3lbi$ s6 9>
Pro y ~~~®~
Pity ®f C ~ 1 Poitit
.. ~ ~ of Way V'~ccation Alley
As sot's ap 372~i03I)C
of the alley, b ' g 1 ~ f in width.,1 adjacent to the r ° ad and Lots 5 and 6,131oc1c ~
and all 0~'13lock 9 of Park Addition to C 1 Poant, accordiaa~ to the o~°icial plat tb f,
now of rd in Jackson County, ®re~on.
P by: A F er
1? er Sons, Inc..
d.b.a., P er Suave ' g
431 Cak S t
C tral Point, Oregon 97502
541-664-5599
.Date: lreb I6, 2014
I IT " ssssr's Map N® 372 C
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PZT~LIC ® S STAFF mil'®RT
March 3, 2010
AAatt Samitore, Interim ®irector
AGE A Ma
Vacation of a section of alley right-of--way in a subdivision known as ®ak Park Addition, adjacent to Tax Lots
2400 and 2500 on Jackson County assessor's Map 372~A103DC, vacation as section of eighteen (l~) feet wide and
approximately 360 feet long.
'I'ra ice
1Vot Applicable to this application
Ezis ° g Infrast c rea
Streets: IV/A
Water: Water Line -There is a 4-inch water line that travels through the proposed vacation. Additionally, there is
a 2-inch line also exists within the proposed vacation area. It serves the old Liberty Park site. (see CrIS map) The
2-inch line will be abandoned.
Storm l~Yater: No Strom Drain exists within the proposed area.
Sewer -There is a sewer line that travels through the proposed vacation, paralleling the City's 4-inch waterline.
C®nditi®s ®f Appr®val:
1. Easements: A 15-wide water and sewer easement will have to be completed for the existing 4-inch water
line and sewer line prior to the vacation being completed..
940 South 3'~ Street ®Central Point, OR 97502 ®541.664.3329 ®Fax 541.664.6334
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i Location: 138 West Vilas Road, Central Point, OR -Mailing Address: P.O. Box 3130, Central Point, OR 7502-0005
~, ? ~ ~~ ` Tel. (541) 664-6300, Fax (541) 664-7171 www.RVSS,us
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March 2, 2010
David Jacob
City of Central Point Planning Department
155 South Second Street
Central Point, ®regon 97502
IZeo ®ak Park Addition Iey Vacati®n, File X10006
Dear David,
There is an 1S inch diameter sanitary sewer main which crosses the area to be vacated
near the middle of Tax L,ot 2400. In order to preserve the use of this sewer main and
provide adequate access for maintenance, Rogue Valley Sewer Services requests that
the vacated right-of-way be retained as a sewer easement.
Feel free to call me if you have any questions regarding this project.
Sincerely,
Carl Tappert, P.E.
District Engineer
\\EC~ISA TREE\ECVSA41 VOLI.MEDOIZ.PCVSA\DATA\AGENCIES\CENTPT\PLATVNG\
S ETVACATION\10006 OAI~ P ADDITIOI~1 AI,I,EY.DOC
Jam.
Right-Of-Way Vacation Site
City Water Lines
Rogue Valley Sewer Serv Line
Oak Park Right-Of Way Vacation
Existing Water and Sewer Lines
Exhibit " [j "
Property Description
City of Ce~tr~l Point
Itglat of may Vacation Alley
Assessor's Map :372~03DC
All of the Alley, being 18 feet in width, lying adjacent to the railroad and .Dots 5 and 6,131ock 8
and all of Block 9 of ®ak Park Addition to Central Point, according to the official plat thereof,
now of record in Jackson County, Oregon..
Prepared by: Herbert A Farber
Farber ~ Sons, Tnc.
d.b.a., Farber Surveying
431 Oak Street
Central Point, Oregon 97502
541-664-5599
Date: February 16, 20.10
J
EXHIBIT " G" Assessor's Map No 372VV03DC
OAK PARK ADDe ~ ~ ~ ~ ~ ~
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Prepared by:
FARMER SONS
~NC REGISTERED
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OREGON
JULY 26, 1985
HERBERT A. fARBER
DATA: Februory 16, 2010 ~}~ 2189
JOE NO. 1667-'70 RENEWAL DATE 12-31-11
Ceniror Pdint\city GP\rogue creomery vocotio~\microsucvey\exhibit oUeydwg
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City of Central Point, re~on _ PGannin~ a a.rtnnent
140 So.Third St.,Central Point,Or 97502 ~' '- ~~.~~~ i~l~~~ ~'~ ~ Tom Humphrey,AICP,
!I ~ ~ ~{ ~ ~ ~, J '~
541.664.3321 Fax 541.664.6384 ~;_, .-~p~ ~, : -~ Community Development Director/
www.c.central-point.or.us iy ~ ~ ~ ' ~ ~ Assistant City Administrator
I~~
I-ate: March 25, 2010
T'o: Honorable Mayor & Central Point City Council
Fron-o Tom Humphrey AICP, Community Development Director
Saibjecto Planning Commission Report
The following applications and/or items were considered by the Planning Commission at a special
meeting on March 16, 2010.
A. regional flan, File No. 09107. The Planning Commission conducted a public hearing to take input
on the Greater Bear Creek Regional Plan, with the intent of forwarding a recommendation to the
City Council regarding the Plan and its consistency with the draft Plan as referenced in the
Participant's Agreement. The Regional Problem Solving Participants Agreement states that the draft
Plan shall become the adopted Plan upon conclusion of Jackson County's comprehensive plan and
land use regulation amendment process.. The Commission received testimony from local residents
and input from the Citizen's Advisory Committee (CAC) either agreeing with the plan on the whole
or recommending modest changes to it. The Commission then directed Planning staff to bring them
a resolution and findings of fact to support their recommendation at their next regularly scheduled
meeting in April..
B. 1Vliscellaneous. Staff informed the Commission that the City entered into an Intergovernmental
Agreement with Jackson County to construct the railroad crossing at Twin Creeks and another crossing
at Scenic Avenue.. Pending resolution of a few minor issues, we are waiting to receive a final order from
ODOT Rail Division. The crossing is slated to be signalized, and construction would build up Highway
99 north and south of the crossing. Mr. Humphrey also reported that there had been a slight increase in
housing construction in the lower $200,000 range.
~'' ` ' Page 1 of 1