HomeMy WebLinkAboutCAP040810Central Pont
City ~€an
664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingier
Ward II
Mike Quilty
Ward III
Matthew Stephenson
Ward N
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 I~ NT
Cfl~ C®unc~l eating Agenda
Aprifl , 2010
(1-~rrlended)
Next Res. 1255
Next Ord. No. 1935
I. G ET' G CALLED T® EI2 - 7:00 P.M.
II. PLEDGE ~ LEG CE
III. ITLL CALL
IV. P LIC PE CES
V. C®NSEN'I' AGE A
A. Approval of March 25, 2010, City Council Minutes
B. Approval of Bid Award for Don Jones Pedestrian
Crossing Project to ~'isar Construction
VI. IT'ElVIS 1VI FR1VI CNSEN'T ADEN A
VII. P LIC NG, ® INANCES, SLITT'I®NS
Pgs 1 - 16 A. Second Reading, Ordinance No. ,Vacating
a Portion of Oak Street Between Amy Street and South
Haskell Street (Humphrey)
17 - 32 B. Second Reading, Ordinance No. ,Vacating
a Portion of Alley Right-Of--Way Located in a Subdivision
Known as the Oak Park Addition (Humphrey)
VIII. BUS ESS
33 - 36 A. Arts Commission Appointment (Mayor Williams)
IX. Y®I~'S i ®I~'T
X. CITY ST T®I~9S P®IZT
e ~®l.Jl®~IL ~®~A~S
I. EP T NT P®1~TS
XIII. ECi1'I'I SESSIN
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session are not for publication or broadcast.
V. AJ®I1 N'T
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CITY F CET L IT
City Council satin inutes
arch 25, 2010
L REGI! R FETING CLLE T H E
Mayor Williams called the meeting to order at 7:00 p.m.
II. LEGE F LLEI CE
III. R®LL CALL: Mayor: Hank Williams
Council. Members: Allen Broderick, Bruce Dingier, Carol
Fischer, ICay Harrison, and Matthew Stephenson were
present. Mike Quilty was excused.
Assistant City Administrator Ghris Clayton; City Attorney
Doug Engle; Police Chief Jon Zeliff; Interim Parks and
Public Works Director Matt Samitore; Community Planner
Dave Jacobs; and City Recorder Deanna Casey were also
present.
IV. SPECIAL RSE TTI
A. RVC®G Annual Report
RVCOG Executive Director Michael Cavallaro presented the Annual RVCOG
report. He explained the financial overview for 2009 and stated that the budget is
stable at this time. RVCOG strives to keep the overhead costs to a minimum and
still provide the services the participating members need.
V. U LIC ~4PEA- CES
Chief Zeliff and Sergeant Moulin introduced two FBI agents who explained why
the FBI is interested in the High Tech Crimes Unit and how they will be able to
help support the operation. They thanked the City Council and Administration for
their vision in getting this unit. up and running. There is only one other region in
Oregon that. has the training and certifications that the HTCU has. Very few law
enforcement agencies are able to receive the technology and training to the level
that Central Point has.
VI. C® SENT DENA
A. Approval. of March 11, 2010, City Council Minutes.
VII. il'E S FtE VE F C .SENT AGE A -None
City of Central Point
City Council Minutes
March 25, 2010
Page 2
viil. P LIC H~ARI s, l CES ESLUTI® S
A. Resolution o. 1254, Assessing Costs for ®rainage Channel
Obstruction on 372 1A Tax Lot 21300 - 501 t3lenn ay, Central
Point, Oregon
Assistant City Administrator Chris Clayton explained that the owner of 501 Glenn
Way was notified by the city of a drainage channel obstruction and was asked to
remove the obstruction within 15 days. The property owner did not respond to the
request by the City or remove the obstruction. The city tried several attempts to
contact the property owner with no .results and proceeded to remove the
obstructions. The owner was given thirty days to contact the city to pay for the
removal of .the obstruction. The recommended resolution places a lien on 501
Glenn Way in the amount of $426.00 to reimburse the costs associated with the
removal of drainage channel obstructions.
att Stephenson rroade a rrootion to .approve Resolution o. 1254,
Assessing Costs for ®rainage Channel ®bstruction on 372 10A Tax Lot
2800 - 501 Glenn ay, Central Poirot, Oreg®n. Bruce Dingler seconded. Roll
call: Allen Broderick, yes, Bruce Dingler, yes; Caro[ Fischer, yes; Kay Harrison,
yes; and Matt Stephenson, yes. Lotion approved..
S. Public Hearing -First .Reading, an Ordinance Vacating a Portion of
Oak Street a een An,y Street and. South Haskell Street
Community Planner Dave Jacobs explained that the proposed vacation of a
portion of Oak Street is being requested by the adjoining property owners. The
City has determined that the entire right-of-way i no longer needed by the City
and recommends vacating 30 feet on each side of the ROW leaving 20 feet for a
utility easement and ingress/egress for property owners.
In .accordance with state procedures the City must determine ~thether the
vacation will result in a substantial affect on property market value for the
abutting .property owners.. The City .has determined that there would be no
substantial affect to property owners. All abutting property owners have signed a
petition in support of the vacation.
I1Aayor Williams opened the public hearing.
Francis Plowman, business ov+tner
11~r. Plowman stated that the Rogue Creamery is in favor of the vacation. They
are planning to expand their cold storage area if this is to happen.
nAayor Williams closed the public hearing.
Kay Harrison made a motion to move to second reading an Ordinance
Vacating a Portion of Oak Street be ..een Amy .Street and South Haskell
City of Central Point
City Council Minutes
March 25, 2010
Page 3
Mr. Jacobs stated that the City has determined that an 1~ foot wide portion of an
al ey located in a subdivision known as Oak Park addition is no longer required
for public access and is no longer an asset to the City. The abutting property
owners have requested this vacation and have signed a petition in support.
There are existing sewer lines in a portion of the right of way that are still in
service. The City along with Rogue Valley Sewer Services is requiring that a
public utility maintenance easement be recorded prior to conveyance of the
property. The city has determined that there is no substantial affect on the
property market values and recommends moving the ordinance to second
reading.
ilAayor Williams opened the public hearing.
Tom Bradley, business owner
nAr. Bradley stated that the abutting property owners are in favor of this vacation.
Il~ayor Williams closed the public hearing.
att Stephenson nnae a motion t® move to second reading an rdinance
Vacating a Po ion of Alley Right-of- ay Located in a Subdivision Known
as the ak Park Addition. Carol Fischer seconded. Roll call: Allen Broderick,
yes, Bruce Dingier, yes; Carol. Fischer,. yes; lCay Harrison, yes; and 11~att
Stephenson, yes. 11~oton approved.
IX. l1Sl ESS
A. Planning Commission Report
Community Planner Dave Jacobs presented the Planning Commission report for
their special meeting on Larch 16, 2010:
® 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 the Jackson County's comprehensive plan and land use regional
amendment process. The Commission received testimony from local
residents and input from the Citizen's Advisory Committee (CAC) either
City of Central Point
City Council Minutes
March 25, 2010
Page 4
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.
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 stight
increase in housing construction in the lower $200,000 range.
Kay arrison arcade a rr'otion to accept. the tannin Cornrvoission Report as
presented. Allen Broderick seconded. Roll call: Allen Broderick, yes, Bruce
Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt Stephenson, yes.
Motion approved.
X. if °S RERT
Mayor UVilliams reported that he attended the Habitat for Humanity's wall raising
event and the Rogue Creamery's 75"' Anniversary breakfast.
XI. CI I BST T®R°S RIE T
Assistant City Administrator Chris Clayton reported that:
® Staff will be revising the Central Point Code regarding weed abatement to
help with the foreclosure issues. The s4ate recommends using current
ordinances rather than creating specific ones for foreclosure. Staff will
work on the current code to include vacant or abandoned property.
® He would like Council to adjourn to Executive Session after the regular
meeting to discuss real property transactions.
® He and Community Development Director Tom Humphrey met with Chris
Borovanski to discuss the transition of a new Expo Manager.
XII. Cl! CIL RRTS
Council Member Carol Fischer reported that she attended the Habitat for
Humanity wall raising and the RVSS Board meeting.
Council Member Kay Harrison reported that she attended:
® A Jackson County Roads lunch.
® An MPO PAC meeting.
® An RVSS Board meeting.
® A Medford Water Commission meeting.
® A Bear Creek Greenway meeting.
® A RVMPO meeting.
® A tour with SOREDI.
® An RVTD Board meeting.
City of Central Point
City Council Minutes
March 25, 2010
Page 5
X991. E T E 1' REP®RTS
Police Chief Jon Zeliff reported that it was nice to have the FBI here to talk about
the HTCU but the praise really should go to Sergeant Josh Moulin. and his team.
Community Planner Dave Jacobs reported that Community Development is
working on the RPS process, and the Comp Plan update.
Interim Parks and Public Works Director Matt Samitore reported that:.
® He attended a Bear Creek Greenway meeting.
® They are working on the Water Reservoir Funding application.
® Staff will be meeting to discuss options for the storm drains at Victoria
and 5th Streets.
race finger an®ved t® adj®urn to executive sessi®n under RS 192.66
(2j(e) ea9 r®e 1'ransacti®ns. Allen Broderick seconded. All said "aye" and
the meeting was adjourned to executive session at 7:54 p.m.
XIV. EXECIJl'IVE SESSIN
Stay F9arris®n rn®ved
Fischer seconded. All
session at 8:10 p.m.
No action was taken.
XV. JtJR E T
t® adj®urn t® genera9 rneetin at 8:10 p.rra. Carol
said °aye" and the meeting was adjourned to regular
I<ay Harrison moved to adjourn, Carol Fischer seconded, all said "aye" and the
Council Meeting was adjourned at 8:12 p.m.
The foregoing minutes of the March 25, 2010, Council meeting were approved by the
City Council at its meeting of April 8, 2010.
Dated:
ATTEST:
Mayor Hank Williams
City Recorder
A~att Sarnitore, Interim Director
STAFF REF'®RT
ATE: APRIL 1, 2010
T HONORABLE. MAYOR AND CITY COUNCIL
F MATT SAMITORE, INTERIM DIRECTOR
SUBJECT: DON JONES MEMORIAL PARK BICYCLE AND PEDESTRIAN CROSSING
SUMMARY: Bid documents for the construction of the Don Jones emorial Park Bicycle and
Pedestrian Crossing were opened on Tuesday, March 30, 2010. The City received eight bids
(Below) ranging in price from $ 324,669.20 to $ 376,816.50. The low bid was presented by H2
Construction.
RECOMMENDATION: Staff recommends City Council approve the low bid to H2 Construction.
140 S. Third Street Central Point, OR 97502 ®541.664.3321 ~ Fax 549.664.6384
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STAFF REPORT
STAFF P®1~'T
Apri18, 2010
Community ®evelopment
Tom Humphrey, AICP
Community Development Director
IT'ENi°
Second Reading of an ordinance vacating a portion of Oak Street between Amy Street and. South
Haskell Street. Aplicanto City ®f Cet-tral Point
STAFF S®IJItCE:
Tom Humphrey AICP, Community Development Director
~A,CICGlt®ITI~TID.
The purpose of this ordinance is to vacate a portion of Oak Street between Amy Street and South
Haskell Street.. The proposed vacated. section of Oak Street is unimproved and provides through
public access connecting Amy Street to South Haskell Street. This section of Oak Street has an
existing eighty (80) foot right-of--way. It is proposed that sixty feet (30 feet on both sides) of the
right-of--way be vacated 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 access to and around the abutting properties. The property owners
in question have all agreed to the vacation and once completed, the property will be put on the
tax roll.
There were no changes made to the ordinance in the first reading.
ATTACH ENTSe
1-~. Ordinance vacating a portion of Oak Street between Amy Street and South Haskell Street.
ACTI®1\TS:
Approve the second reading of an ordinance vacating a portion of Oak Street between Amy
Street and South Haskell Street.
C® ENI)ATI®N:
Staff recommends approval of the ordinance.
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® INANCE N.
AN ® INANCE VACATING A P®I2TI®N ®~' ®AI~ ST ET BETWEEN AMY
ST ET ANI) S®iJTII AS LL ST ET
WIiE 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
WIIE 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
W 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 'I' E h' ;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 Easeanents. 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. (04082010)
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~ `L--' Tom Humphrey, AICP
STAFF REPORT Uf-~~car1 Community Development Director
STAFF PIt'lC`
1V[arch 25, 2010
I'I'EI~I:
Public Hearing to consider an ordinance vacating a portion. of Oak Street. between Amy Street
and South Haskell Street.. Applicant: City of Central P®int
STAFF S®iJ1tCE:
Tom Humphrey, AICP, Community Development Director
I~ACICGIt®IJNI) e
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.
ISSITES:
In c®nsielerati®n ®ff this itean there is ®ne issue is 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, the three abutting property owners
(100%) have signed a petition supporting the right-of--way vacation..
.~ .~ ~ ~;
A1'TACIFIENTS:
A. Planning Department Findings
B. 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
ACTI®NS:
Open public hearing and consider proposed vacation, close public hearing and move to second
reading on Apri18, 2010.
C®1~1VIE1~1I)ATI®N e
Direct Staff to schedule the second reading for the next regularly scheduled City Council
meeting to approve the vacation ordinance.
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1'~TT~~H~l®.T 66L''gf9
Planning I)epartanent Findings
Applicant: City of Central Point
Purposes ®ak Street Right-®f Way Vacati®n
File loo. 10004
INTIt®1)iJCTIN
In the matter of approving 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 Haskell Street on
Jackson County Assessor's Map 372W l OAA.
Consideration of a vacation is subject to the criteria set forth in Oregon Revised Statute
271.130(1) as follows:
1. IBS 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.
Findings By Resolution No. 1251, the City Council initiated vacation of the
property described in Attachment "D".
Conclusi®ns 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.
C®nclusions 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. ®ItS 271.130(1). IVo 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.
Conclusion: Based on the finding, 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.
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).
Conclusion: Distribution of the proposed vacated area will be completed in accordance
with ORS 2.71.140.
5. City of Central Point 'T'ransportation Systean Plan.
Findingsd 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.
Conclusion:. 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 of Central Point Public Works Standards.
Findings: The right-of--way vacation will result in the current eighty (~0) foot
right-of--way being reduced to twenty (20) feet resulting in an alley.
Conclusion:: 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 Map No. 372W10AA
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Prepared by:
F,4RBER ~ SONS,. INC. REGISTERED
dba FAKEER SURVEYING PROFESSIONAL
D S><J1~VEY'0~2
4.31 O®k Street
Central Point, Oregon 97502 ~ .
(541) 664-5599 -
OREGON
JULY 26, 1985
HERBERT A. FARBER
2189
DATE: February 15, 2010
~`aB h'O. 1687-iD RENEWAL DATE 1Z-31-11
CENTRAL POfl~~T\GTY CP\ROGUE CREAMERY RW VACAT+ON\MICROSURVEY\EXHBfT DAK ST.DWG
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PE'TITI
I/we the undersigned, support vacation of a portion of Oak Street right-of way as illustrated in
the attached exhibit:
T'~z ~p 37210
Ice Palace, I,I,C
P.O. >3ox 3606
Central Point, OR 97502
Wllllain R. Rapp
3395 errant Road
Central Point, OR 97502
Thomas L,. Canon
525 Nick Young Road.
Eagle Point, OR 97524
Tex L,ot 6200
Tax I,ot 63®®
Tax L,ot 6400
PET'TI N
Uwe the undersigned, support vacati®n of a portion of ®ak Street right-of way as illustrated in
the attached exhibit:
Tax ap 372
Ice Palace, LLC
P.®. >3ox 3606
Cen Point, ®IZ 97502
William It. pp
3395 t road
Central Point, ®It 97502
Thomas L. Canon
5251~ick Young Load
Eagle Point, ®1Z 97524
Tax Lot 6200
66 ~ 9f
S I. N ° ~
S S IdIC G GS
°T C 7' S1° S UT
LL ST
, a Cen Point City Council (the "Council) is au o ' der 271.130 to
° °ti cation s for y public str rvi ®ut 'ti®n or co t o pro
0 9 d
it is intent of the Council to initiate a °al vac$tion of ® S et tween
y S t to Sou ell S ss specific y described in a c E ibits "A" d "13";
S, a Co cil's °on to initiate the above escri v ation will plished
in ce pplie$le rovisi®ns of ® S 271.130, d
~ I S by the City Co cil of a City of ~n 1 P®nt,
®regon t a public la g is set f®r ~~r i, ~-, 2010 at 7.00 . in e C P®int
Co cil C ,City 1, 140 South ~ S t, Cen 1 Point, on t® ive public
tes ° ony g g e v tion d to e a det~rm' ion agar ' e. Y~lotice of said
aablic s provi in ce with ~ S 271.110.
P by the Co cil si ed by ane in authentication of its sage 's y of
010.
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HERBERT A. fARBER
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DATE: Februory 15, 20T0~ ~ ~
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JOB NO. i6B7-i0 RENE~IAL DATE 12-31-11
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Matt Samitore, Interim Director
PUBLIC ~®s sT~FF nEP®RT
March 3, 2010
AGE A ITEIi~I:
Vacation of a portion of Oak Street located between Amy Street and Haskell Street for approximately thirty (30)
feet on both sides of the street.
Trafffic.
Oak Street is a local street. Traffic Counts on the street indicate that there is less than 10 peak hour trips (I'HT)
and those trips are associated with the three businesses that use the street.
Existing Infrastructaare.
Streets: Oak Street is a eighty (80) foot right-of-way that is currently unimproved.
Water: No water lines exist within the proposed vacation area.
Storm Water: No Strom Drain exists within the proposed vacation. area..
Sewer - No Sewer lines exists within the proposed vacation area
C®nditi®ns ®f Appr®val:
1. Remaining Alley/Street- The remaining twenty feet (20') portion shall be paved when future development
occurs, or through grant funding, whichever comes first.
140 South 3'~ Street ~ Central Point, OR 97502 ®541.664.3321 ~ Fax 541.664.6384
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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
r` '~t
March 2, 2010
David Jacob
City of Central Point Planning Department
155 South Second Street
Central Point, Oregon 97502
Re: Oak Street Vacation, File #10004
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 ox
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.
Sincerely, Digitally signed by
CarLTappert
DN: cn=Carl Tappert
Carl Tappert, P.E. Date:2010.03.02
District Engineer 08:22:02 -08'00'
\\BCVSA TREE\BCVSA41 VOLI.MEDOR.BCVSA\DATA\AGENCIES\CENTPT\PLANNG\
STREETVACATION\10004 OAK STREET.DOC
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Exhibit "
Property Description
City of Central Point
Right of Way Vacation Oak Street
Assessor's Map 372W l OAA
Southerly tract:
Beginning at the Northerly most corner of Block 9 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 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 line 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 line, 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
EXHIBIT " ~"
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FARBER & SONS, INC. PROF~ssror!~al,
dba FARBER SURVEYING LAND SURVEYOR
431 Oak Street
97502
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Central Point, Oregon
(541) 664-5599 oREGOrr
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STAFF
STA1~ F PIiT'
Aprifl ~, 2010
Comr~nunity__Dev_elopment
Tom Humphrey, AICP
Community Development Director
ITE
Second Reading of an ordinance vacating a portion of an alley right-of--way located in a
subdivision known as the Oak Park Addition. Applicant: City ®f Centrafl P®int
ST'AlF`F SIJItCEa
Tom Humphrey AICP, Community Development Director
AC GIt®iJISI) e
The purpose of this ordinance is to vacate a portion of an alley right-of--way located in Oak Park.
Addition subdivision. The area to be vacated is an 1 ~' by 370' alley that was originally part of
the Oak Park Addition. Since the alley right-of--way was a part of the Oak Park Addition, the
vacated lands would revert to the property from which they were originally taken,. 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. Vacating the right-of--way will not impact
existing or future pedestrian or vehicular connectivity.
There were no changes made to the ordinance in the first reading.
C®~lI)IT'INS:
la There is an existing four (4) inch and an eighteen (1 ~) 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.
ATTACI-IIVIE~ITS:
A. Ordinance vacating a portion of an alley right-of--way located in a subdivision know as the
Oak Park Addition.
ACT®115:
Approve the second reading of an ordinance vacating a portion of an alley right-of--way located
in a subdivision know as the Oak Park Addition
C ~I111i[ElyIDA'TIN d
Staff recommends approval of the ordinance.
~ ~
® IN CE N.
AN INANCE VACA'T'ING A Plt'TIN 1? AI.I,EY G13T-®F-WAY L®CATEI)
IN A SZJBI)IVISI®N ® t~S 'I' E ®Al~ P AT)I)I'TI®N
W E AS, the City has determined that an eighteen (lg) 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
I+: AS, in accordance with ORS 271.130 the Central Point City Council., on February 25,
2010 initiated the Vacation on its own motion; and
W 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 h® ;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 heazing, finds that the Vacation as legally described
in Exhibits "B" and "C" is hereby approved subject to the following:
L Public Easements. 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.
ATTEST:
Mayor Hank Williams
City Recorder
Approved by me this day of , 2010.
Mayor Hank Williams
1 -Ordinance No. (040132010)
,,
EXHIBIT " ~•,
STAFF REPORT
ST'AEF P®I~'T
February 25, 2010
__ __ __ Community Development.
Tom Humphrey, AICP
Community Development Director
ITEM.
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. Applicant: City of Central
Point
STAFF SiJItCE:
Tom Humphrey, AICP, Community Development Director
BACICGIt®IJNI)a
The City Council considered the vacation of this unimproved alley right-of--way in May 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 1 ~' 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 25th meeting, the Central Point City Council approved Resolution #1250
(Attachment "D") setting a public hearing and initiating proceedings to vacate the street right-of-
way. The public hearing was set for March 25, 2010.
ISSLJESe
In consideration of this item there is one issue worth noting:
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").
~~
C®~1I)I'TI®~TS:
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.
ATTAC NIE~TTSe
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. RV S S comments
G. Map of Existing. Water and Sewer Lines
AC'I'I®1\TS:
Open public hearing. and consider proposed vacation, close public hearing. and move to second
reading.
CIlZ1VINI)AT'I®N:
Direct Staff to schedule the second reading for the next regularly scheduled City Council
meeting (April 8, 2010) to approve the vacation ordinance.
~7 r
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A ~d"Y''~~IA~~AT~` 66 A 99
Planning epartanent Findings
Applicant: City ®f Central P®int
Purp®se: ®ak Park Additi®n Alley °glit-f--Way Vacati®n
File N®. 10006
INTIt ITC'TI®N
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".
C®nclusi®n: The City is authorized to initiate the vacation per ORS 271.130.
2. ®1tS 271.130(1). IVo 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.
C®nclusi®n: 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. ItS 271.130(1). IVo 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®ne 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. ®ItS 271.14®. 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 ®f Central P®int 'Transp®rtati®n System Plan (TSP).
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 1 ~' 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 of 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 (lg) 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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Administrat®r's ~$ice
ST F ERl'
Phil Messina, City Administrator
Deanna Gregory, City Recorder
TO: Honorable Mayor and City Council
FROM: Deanna Casey, City Recorder
SUBJECT: Appointment of Art Commission Member
DATE: April ~, 2010
On March 11, 2010 the Council approved the appointment of five members to the
Arts Commission. The Arts Commission currently has two vacancies. Staff has
received an application for appointment from Kent Brown.
Mr. Brown is a city resident and a business owner. He is a local photographer
who would like to bring art to the community through photography.
RECOMMENDATION:.
Motion appointing Kent. Brown to the Central Point Arts Commission with a term ending December 31,
2012.
ATTACHMENT:
Application for Appointment from Kent Brown
~:
City of_Central Point, Oregon
140 5 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.ci.central-point.o r.us
_Administration Department
Phil Messina, City Administrator
Deanna Casey, City Recorder
APPLICATI®~1 F®It APP®INTIVIENT T®
CITE' ®~ CENT I.. P®INT C®IOZI~ITTEE
Name: ~ ® Date: _ ®~ (,
Address: ,~ ® i~.l ~ ~ E [~ ~.~®D
Home Phone: ® Business Phone: !) - Cell Phone:
Fax: /.~ - ! E-mail: ~® ~- co
Are you a registered Voter with the State of Oregon? Yes No
Are you a city resident? Yes No
Which Committee(s) would you like to be appointed to: _ L~~[
(Dates of meetings are listed at the end of Phis application. Please make sure those dates work with your
schedule before you apply. Council and Planning Commission members are required to file
Ethics reports to Phe State of Oregon.)
Employment, professional, and volunteer background:
~~
Community affiliations and activities:
~° p
Previous City appointments, offices, or activities:
~ ~°
Central Point Committee Application
Page 2
As additional background for the Mayor and City Council, please answer the following questions.
Please provide any additional information or comments which you believe will assist the City Council in
considering your application.
C
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how would you
handle them?
® ® ~ c .
1l~eeting Dates (All Yneetng dates are subject t® change or addfltlons, tunes vafl-y for each eonaenittee):
Arts Commission: Quarterly in February, May, August, and November
Citizens Advisory Committee: 2°d Tuesday of every quarter.
Council Meetings: 2°d and 4`'' Thursday of each month
Council Study Sessions: 3ra Monday of each month
Multi-Cultural Committee: Quarterly in February, May, August, and November
Planning Commission: 1 S` Tuesday of each month
Parks and Recreation Committee/Foundation: 3`d Thursday of every quarter
Traffic Safety Committee: 4`h Tuesday of every quarter
My signature affirms that the information in this application is true to the best of my knowledge. I
understand that misrepresentation and/or omission of facts are cause for removal from any council,
advisory committee, board or commission I may be apponte to. All information/documentation
related to service for this position is s 'ect blic record disclosure.
Date: Signature
Kent welcomes you to experience Vi an see your images through
the eyes of an artist.
Contact him today and find out what he can do for you
Call: (541) 326-6891 ~Iebsite: wwvv. KEN'1~BIZ®~1NP~I®T®.C®M
~ .. ~: