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HomeMy WebLinkAboutCAP012209Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingier Ward II Mike Quilry Ward III Matthew Stephenson Ward IV Allen Broderick At Large Carol Fischer Kay Harrison Administration Phil Messina, City Administrator Community Development Department Toix~ Humphrey, Director Ixinance Department Bev Adams, Interim Director Parks and' Recreation Department Matt Samitote, Manager Police Department Jon Zeliff, Chief Public Works Department Bob Pierce, Director CITY OF CENTRAL POINT City Council Meeting Agenda January 22, 2009 Next Res. 1197 Next Ord. No. 1924 I. REGULAR MEETING CALLED TO ORDER - 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES The purpose of public appearances is to allow citizens to present information or raise an issue regarding ifems not on the agenda orregarding agenda items that do not include a public hearing. A time limit of five minutes per citizen shall apply. V. CONSENT AGENDA Page 1 - 6 A. Approval of January 8, 2009, City Council Minutes 7 - 15 B. Acceptance of Second Quarter Financial Statement 16 - 17 C. Approval of Leasing City Property on Old Stage Road to Cynthia Lakin VI. ITEM5 REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 18 - 29 A. Second Reading -Ordinance No. ,Adding Chapter 3.28 to the Central Point Municipal Code to Impose a Motor Vehicle Fuel Tax and Amending Section 11.20.050 to Provide for Reductions in the Transportation Utility Fee (Samitore) 32 - 51 B. Resolution No. ,Declaring the Annexation of 9.37 Acres of Land Located on West Vitas Road and Table Rock Road, Identified on the Jackson County Assessor's Map as 36 2W 36CD, Tax Lots 300, 400, 500,1000, 2400, 37 2W O1BA Tax Lot 600, Into the City of Central Point, Oregon (Samitore) 52 - 64 C. Resolution No. ,.Declaring the Annexation of 0.877 Acres of Land Located South of East Pine Street, Identified on Jackson County Assessor's Map as 37 2W OI C Tax Lot 3000, Into the City of Central Point, Oregon (Samitore) 65 - 68 D. Resolution No. ,.. Setting, a Public Hearing and Initiating Proceedings to Vacate a Pedestrian Easement Located Between Mendolia Way. and Diego Court (Samitore) VIII. COUNCIL BUSINESS IX.. MAYOR'S REPORT X. CITY ADMINISTRATOR'S REPORT XL CO.UNCIL.REPORTS XII. DEPARTMENT REPORTS XIiL EXECUT~VE.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 CITY OF CENTRAL POINT City Council Meeting_Minutes January 8, 2009 i. ` OATH OF OFFICE - 6:52 p.m. ~' Police Chief Zeliff swore in Mayor Hank Williams, and Council Members Kay Harrison, Allen Broderick and Carol Fischer.. L REGULAR MEETING CALLEQ.TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. tl. PLEDGE OF ALLEGIANCE IIL ROLL CALL': Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingier, Carol Fischer, Kay HarrlSOn, and Matthew Stephenson were present., Mike Quilty was excused. .City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Police Chief Jon Zeliff; Interim Community Development .Direr#or Matt Samitore; Interim Finance Director Bev Adams; ©eputy Public Works Director Chris Clayton; and City Recorder. Deanna Casey ..were also present. IV. 'PUBLIC APPEARANCES...- None V. CONSENT AGENDA A. Approval of December 18,.,2008, City .Council Minutes. Kay Harrison. made. a motion to approve the Consent Agenda as presented. Matt Stephenson seconded. Roil call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt. Stephenson, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA -None VII. PUBLIC HEARINGS,._ORDINANCES AND RESOLUTIONS A. Public Hearing -First Reading An Ordinance Adding Chapter 3.28 to the Central Pain# Municipal Code to impose a Motor Vehicle Fuel Tax and Amending Section 11.20.050 to Provide for Reductions in the Transportation Utility Fee f City ofCentral Point City Council Minutes January 8, 2009 Aage 2 of b Deputy Public Works Director Chris Clayton presented a power point presentation to explain that the proposed $.03 local fuel tax will help reduce or eliminate the city's transportation utility fee. The transportation utility fee can only be used to maintain city streets. It does not provide for infrastructure upgrades or improvements. A local fuel tax would allow the city to .refocus .transportation revenue on commercial traffic, commuters, -tisitors and significant #uel consumers. The city will be able to fund the capita! upgrade of the city's transportation in#rastructure while producing a cost saving to the citizens. Staff will consult with the Oregon Fuef' Tax Group for collection of the local fuel tax. The Oregon Constitution rec{uires local government agencies to spend fuel tax revenue an the repair, maintenance, construction and reconstruction. of roads and highways within the agency jurisdiction. There was discussion regarding the State gas tax and the weightlmile tax collected by the state of Oregon. Central Paint receives less than $.0'I for every dollar collected. If approved a locally controlled fuel tax would generate revenue on a dollar for dollar basis. Every dollar collected would be reinvested in Central Point's transportation system. Mr. Clayton explained other cities in the state that have imposed similar local fuel taxes. He presented a list of streets that are in need of repair and upgrades that would not be fixed if we can only rely on the transportation utility fee. If the' State increases the gas tax by $.02 the City could see an increase of $70,000. At the time the Council implemented the transportation utility fee it was not feasible to look at a local fuel tax. Mayor Williams opened the public hearing. Steve Plunk, 4286 Tamarach Dr. Medford Or Mr. Plunk stated that this is the wrong.time to raise taxes when the economy is in a downturn. The cost to implement the program. could cripple the local businesses. He feels that staff is misleading the council with their information. He is afraid that if Central Point passes this tax other cities in the valley will be tempted to do the same thing. Bill Christie, Grange Coop representative Mr. Christie stated that it is unfair for the Council to expect 6 gas stations to pay for all city streets. Staff is misleading the citizens regarding what the tax would pay for. This type of tax will drive businesses out of town. Council needs to consider the administrative costs for the businesses when approving this type of tax. He #eeis this should go to the vote of the people. Gary Hall, USF Reddaway and Pilot representative Mr. Hall read into the record a letker from USF Reddaway explaining the cost to the company if the tax is approved. Mr. Hall asked the Council to wait until the State finalizes their transportation funding plans before implementing this tax. He explained the impact to the Pilot Station and the weight mile tax that large trucks already,, pay.to-the State. City of Central Point City Council Minutes January 8, 2009 Page 3 of 6 Lynette. Brixton, Representative for local trucking company out of City Limits Ms. Briston stated that the information presented to the Council is false. She does not think that the trucks are causing the damage to Central Point streets. It is not #air to make the truck companies pay the tax when they do not drive their vehicles on the local streets. They..pay_the weight mile tax to the state. Craig, Randolph, Texaco Representative Mr. Randolph stated that he feels this should be put to a vote of the Central Paint citizens. They. should decide if there should be a $.03 gas tax. Rod Bell, Chevron Representative Mr. Bell stated that the City is asking him to give up the profits he makes from his gas station. Lane Colvin, Colvin Oil Company, Grants Pass Mr. Colvin stated that a decision., like this should go to the voters. Colvin Oil Company wil! do whatever is needed to get this decision to the voters of Central Point. They. are happy to work with the Cities and State to get the cities their share of the state gas tax. He stated that they would rather work with the Cities than against them, but he will see that this is brought before the voters if the Council approves this ordinance. No one else came forward, Mayor Williams closed the Public Hearing. There was discussion regarding the proposed state gas tax increase. Mr Clayton stated that the Ordinance is written with language that allows the .Council to review the rates and adjust if needed. The Council discussed what could happen with the State and Federal issues regarding transportation funding. At this time Council is not confident anything will happen at that level. There was discussion regarding the administrative fee to administer this by the stations and the City. Bruce .Dingier made a motion to move to second reading an Ordinance Adding Chapter 3.28 to the Central Point Municipal Code to Impose a Motor Vehicle Fuel Tax and Amending Section 11.20.050 to Provide for Reductions in the Traffic Utility., Fee. Matt Stephenson seconded. Roll call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt Stephenson, yes. Motion approved. Vllli.. BUSINESS.. A. Planning Commission Report Interim Community Development Director Matt Samitore presented the i#ems from the January 6, 2009, Planning.Commission meeting.. a. The Planning Commission approved a six month extension for the Planned Unit Development White Hawk Estates. The developer requested the extension due to severe downturn in the residential 3 City of Central Point City Council Minutes January 8, 2009 Page 4 of 6 home market. This is the third request for an extension for this development. b. The Planning Commission approved a resolution directing staff to amend the C-2 zoning code to clari#y language on existing single family homes. The current code does not specify if an existing home is destroyed if it can be re-built as a single, family home. c. The Planning Commission made a recommendation to bring back findings of fact determining that membership warehouse clubs were not a similar use in the M-1, zoning code. The most frequent reason.was traffic concerns. d. No action was taken on an item to update the city's industrial zoning districts. in November of 2008 the Council requested the Planning Commission make amendments to 'the industrial zone codes... Staff. used .:.state .. model.. codes ... to make.. the recommendations. The Planning Commission directed staff to reduce the allowed uses in M-1 zones. There was discussion regarding the decision to reduce the allowed uses in the M-1 zone. The..Commission is. concerned with the. amount. of traffic that could be generated by the current uses. Council is concerned that the Planning Commission does not have the same vision for Central Point as the Council. Staff-was directed to organize a joint work session with the Council and the Planning. Commission. - Bruce Dingier .made.- a motion directing the City Administrator to communicate the :Council's concern that the decision of the COmmESSion on .the .membership warehouse club question be based on a clear understanding. of the facts applicable to the decision, and not justified on the .basis of -what might happen. Carol Fischer seconded. -Roil call: A11en Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, no; and Matt Stephenson, yes. Motion approved. Bruce Dingier made a motion instructing the Planning Commission and Planning Department to terminate further consideration on the proposed amendments to the Industrial Zoning Districts until further directed by City Council. Matt Stephenson seconded. Roll call: Allen Broderick, yes, Bruce I]ingler, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt Stephenson, yes. Motion approved. Matt Stephenson made a motion to approve items A and B of the Planning Commission Report from ,ianuary. 6, 2009. Kay Harrison seconded. RoA call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt.Stephenson, yes. Motion approved. City of Central Point City Council Minutes January 8, 2009 Page 5 of 6 B. Discussion Regarding Proposed M-1 Zone Change by Adding Section 17.06 Use Categories and Amending., Sections 17.08.005 Definitions, 17.48 Industrial District This item will be discussed at a later date with the Planning,Commission. C. Council President Appointment Mayor Williams opened the floor for nominations of a Council President. Allen Broderick nominated Kay Harrison. Bruce Dingler seconded. No other nominations were made. Allen Broderick made a motion to President for 2009-2010. Bruce Dingler yes, Bruce Dingler, yes; Carol Fischer Stephenson, yes. Motion approved. appoint Kay Harrison as Council seconded. Roll call: Alien Broderick, yes; Kay Harrison, yes; and Matt lX. COU.NCIL.BU.SINESS Council Member Bruce Dingler asked ..haw the discussions on the Graffiti Ordinance were progressing. Chief Zeliff stated that they have not met with the Adhoc Committee on this issud yet. Other items ,have come up and that Ordinance. has.beer~ moved.down.the.list.. Council Member .Matt Stephenson stated that he attended an OECDD meeting about the s#imulus funds. There is no specific direction from the State and Federal Government as to where the funds will be spent. The City should have projects ready in case the funds become available. X. MAYOR`S REPORT Mayor Williams reported that he attended: • A Town Hall meeting., with State Representatives. They, discussed the State Gas tax increase and do not #hink it will happen. • An RPS meeting..lacksonville has decided not to sign the participant's agreement. The Committee is deciding how to proceed at this point. XI. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that he is finalizing the agenda for the Council work session on January 315` XII. COUNCIL REPORTS Council Member Matt Stephenson stated that he attended the regional investment board meeting.and a SOREDI meeting,. City of Central Paint City Council Minutes January $ 2009 Page 6 of 6 Council Member Kay Harrison stated that she attended the open house for the new airport terminal at the ,lacksonlMedford International Airport. She also attended a Medford Water Commission meeting. XIIL DEPARTMENT. REPORTS Public Works Director Bob Pierce stated that they are in the process of expanding the GIS programs for the City. Interim Finance Director Bev Adams reported that they have begun the Budget PfoCeS5... Interim Community Development Director Matt Samitore reported that: • He attended a downtown beautification committee meeting and informed them that .the committee members will soon be appointed by the Council as an official City_Committee. • The City has received bids for Don Janes Park. The Grand Opening is scheduled #or May 23'x. • Staff is working.on the next round of grant applications for state funding. Deputy Public Works Director Chris Clayton reported that: + He met with the Jackson County Public Works Director regarding the transfer of Hamrick Road. This has to be done for the pedestrian crossing at.Don Jones, Park. • Jackson County is working on the rail crossing at Twin Creeks. They are waiting for Jack Walker to return to office to proceed. Police Chief Jon Zeliff reported that: • New Years Eve was a typical event for the City. • The first GREAT Graduation at Scenic will be Thursday, January 22, at 8:00 a.m. • The City has received a donation of a Mercy Flights Ambulance. This vehicle will become a traveling.High Tech Crimes U~iit lab. XIV. EXECUTIVE SESSION -None XV. ADJOURNMENT Matt Stephenson moved to adjourn, Kay Harrison seconded, all said "aye" and the Council Meeting was adjourned at 8:58 p.m. The foregoing minutes of the January 8, 2009, Council meeting were approved by the City Council at its meeting. of January.22, 2009. Dated: ATTEST: Mayor Hank Williams City Recorder Sfaf~ Rep-ort---------W - - -----___. - ------ ~ To: Honorable Mayor and City Council From: Bev Adams, interim Finance Director Date: January 15, 2009 ---....-.---------.--_Fin.ance Depar#m-ent_ Bev Adams, Interim Finance Director Subject: 2"~ Quarter Financial Statements Summary: Attached are the City's financial statements for the first six month period of the fiscal year ending December 31, 2008. Pages 1 -5 are the revenue and expenditure reports for-each fund showing activity for the six months. Page 6 is the budget compliance report which is to show how well departments are keeping within their spending limits. This particular report was put together specifically for and is given monthly to the City Administrator as a "report card at a glance". Page 7 is a cash balance report which shows the cash balance this year compared to last year at this same point in time. Overall, revenues are coming in as budgeted; and departments are keeping a watchful eye on expenses and are within approved spending limits. The one unexpected expenditure that we have this fiscal year is the Don Jones Park project, which will be an over-expenditure of our budget as it stands. We are waiting for the final bid to come in for the landscaping portion of that project. Once that bid has been accepted and we can determine the final costs of the project, most likely we will prepare a supplemental budget to cover the additional expenses. Recommended Action: That Council, by motion, approves and accepts the quarterly financial report-for the. City of Central Point for the period ending December 31, 2008. PINT ~~-~gor, City of Central Point City Council Financial Statements For quarter Ending December 31, 2008 0 City of Central .Point Council Financial Statements For period ending December 39, 2008 Ftsaal Year to date 50.00% Year to Date 2008!08 Revenues & Percentage Budget Expenditures Difference ReceivedlUsed General Fund - 70 Revenues Taxes $5,319,000 $4,101,004 $1,217,996 77.10% t_icenses & Fees 68,000 56,585 11;415 83,21% Intergovernmental 445,000 186,440 . 258,560 41.90% Charges for Service 1,933,004 534,848 642,152. 46.85% Fines and Forfeitures 153,OOD 70,445 82,595 46.02% Interest Income 50,000 28,044 23,956 52.09% Miscellaneous 24,000 13,173 10,827 54,89% Transfers In 25,000 0 25,D00 0.40% Total Revenues 7,217,000 4,884,488 2,232,502 68.07% Expenditures by Department Administration 557,000 256,743 300;257 46.09% City Enhancement 123,000 115,504 7;486 93.91% Technical Services 395,000 183,183 211,897 46,38% Mayor & Council 1D8,OOD 40,502 67,498 37.50% FlnanCE 890,000 431,846 .458,154 48.52% Parks & Recreation -Parks 639,000 304,419 ..334,581 47.84% Parks & Recreation -Recreation 518,000 229,430 288,570 44,29% Planning 589,000 233,517 355,483 39.65%. Police 3,468,000 1,643,973 1,824,027' 47.40% Interdepartmental 135,040 82,509 52,491 61.12% Transfers Out 55,000 55,000 0 100,00% Contingency. 358,D00 0 358,000 0.40% Total Expenditures by Department 7,835,000 3,576,826 4,258,374 45.85% Net Change in Fund Balance 1,447,872 Beginning Fund Balance 2,500,000 2,613,391 113,381 Ending Fund Balance 1,882,000 4,421,263 (2,939,263) 9 Council Stmts 111512009] 1 City of Central Point Council Financiai Statements For period ending December 39, 2008 Fiscal Year to date 50.00% Street Fund - 20 Revenues Other Taxes Charges far Services Intergovernmental Revenue Interest Income ' Miscellaneous Transfers In Total Revenues ' Expenditures Operations SDC Contingency Total Expenditures Year to pate 2008109 Revenues & Percentage Bud et Ex enditures Difference ReceivedlUsed $0 $3,243 ($3,243) 0.00% 744,OD0 515,787 224,213 69.70% $01,000 35(},836 450,164 43.80% 50,000 24,062 25,938 48.12% 355,000 1,150 353,850 0.32% 5,404 0 5,000 0.00% 1,951,000 $95,078 1,055,922 45.88% 1,239,OD0 606,D56 632,944 48,91% 416,000 47,141 368,859 11.33% 280,D04 0 280;000 0.00% 1,935,000 653,196 1,281,804 33.76% Nel Change in Fund Balance Beginning Fund Balance Ending Fund Balance Housing Fund - 25 Revenues interest Income I_aan Principal Payments Total Revenues Expenditures Materials and Services Transfers put Total Expenditures Net Change in Fund Balance Beginning Fund Balance Ending Fund Balance Capita! lmprovemenf Fund - 30 Revenues Intergovernmental Charges for Services Interest Income MisclFinancing Proceeds Total Revenues Expenditures Parks Projects SDC Parks Total Expenditures Net Change in Fund Balance Beginning Fund Balance Ending Fund Balance 241,882 1,790,OD0 ... 1,83D,068 (159,932) 1,806,000 ~~~'f,871,850 (65,950 $2,000 $1,009 $991 50.45% 25,OD0 12,500 12,5DD 50.00% 27,000 13,5D9 13,491 50.03% 69,000 2,496 66,504 3.62% 25,000 0 25,000 0.00% 94,OD0 2,496 97,50A 2.66% 11,413 67,000 58,089 (8,931) 0 69,082 (69,082) $274,000 $0 $274,OOD 4.00% 258,000 126,245 131,755 48.93% 15,D40 18,953 (3,953) 0.00% _ _ 580,040 1,200,000 ($20,000) 206.90% 1,127,D00 1,345,197 (218,197) 119.36% $38,000 1,015,644 (179,644) 121.49% 511,000 275,633 235,367 53.94% 1,347,OOD 1,291,277 55,723 95.86% 53,92D _ 594,000 566,497 (27,503) 374,D00 820,417 ~' (246,417) ~_ Q Council Stints 1!1512009] City of Central,Point Council~Financial Statements For period ending December 39, 200$ Flsca! Year to dale 50,00% Debt Service Fund - 40 Revenues Intergovernmental Charges for Service Interest Income Transfers In Special Assessments Total Revenues Expenditures l?ebt Service. Total Expenditures Net Change in Fund Balance Beginning Fund Balance Ending Fund Balance Building Fund- 50 Revenues Charges fot Service Miscellaneous interest Income Total Revenues Expenditures Personal Services Materials and Services Contingency. Total Expenditures Net Change in Fund Balance beginning Fund Balance Ending Fund Balance Year to Date 2008!09 Revenues ~ Percentage Budget__ __ _ ___>=xpenditures difference ReceiyedlUsed $163,000 $162,864 $136 99.92% 255,500 932,506 122,994 51.86% 2,500 1,263 1,237 50.51 50,000 55,000 (5,D00) O.DD% 100,000 42,284 57,716 42.28% 571,000 393,917 177,083 68.99% 582,000 363,120 218,8$0 62.39% 582;000 363,120 218,86D 82,39% 30,797 88,OD0 39,619 (48,381) 77,000 70,496 6,584 $186,000 $124,099 $61,901 66.72% 0 1,472 (1,472) D.00% 9,000 6,OD2 2,998 66.69% 195,ODD 131,574 63,426 67.47% 231,000 117,132 113,868 50.71% 47,000 18,469 28,531 39.29% 50,000 0 50,000 O.OD% 328,000 135,601 192,399:' 41.34% (4,027} 324,000 351,509 27,509 191,000 347,482 (156,482) Council Stmts 1!1512009} City of Central Point Council Financial Statements For period ending December 39, 2008 Flsca! Year ro dafe 50.00°/a Year to Date 2D48109 Revenues & Percentage Budgek Expenditures Difference Receivedllised Water Fund - 55 Revenues Charges for5ervices $2,543,000 $1,473,504 $1,069,496 57.94% Interest Income 90,000 45,$75 44,125 50.97% Miscellaneous 1,000 0 1,000 0.00% Total Revenues 2,fi34,000 1,519,379 1,114,629- 57.68% Expenditures Operations 2,599,OD0 1,154,199 1,444,801 44.41 SDC Improvements 571,000 41,162 529,838 7,21% Contingency 250,000 D 250,000 0.00% Total Expenditures 3,420,000 1,195,361 2,224,639 34,95% Net Change in Fund Balance 324,018 Beginning Fund Balance 3,154,000 3,199,939 45,839. . Ending Fund Balance 2,368,OD0 3,523,957 (1,155,957) Stormwater Fund - 57 Revenues Intergovernmental $24,OD0 $D $24,000 D.D% Charges for Services 613,OOD 318,075 293,925 52.05% Interest Income 3,000 2,833 .167 94.45% Total Revenues 640,000 321,909 318,092 50.30% Expenditures Operations 670,000 281,280 388,720 41.98% Si~C 31,004 14,250 16,750 45,97% Contingency 50,DOD 0 50,000 0.04% Total expenditures 751,000 295,529 455,471 39.35% Nat Change in Fund Balance Beginning Fund Balance Ending Fund Balance Council Stmts 26,379 155,000 184,516 29,516 A4,000 210,895 {166,895 ~~ 111512009} 4 City of Central Point Council financial Statements For period ending December 37, 2008 Fiscal Year to dais 50.OD% Public Works Services Fund - 60 Revenues Charges for Services Interest Income MisceAaneous Total Revenues Expenditures Facilities Maintenance AdminisUation Fleet Maintenance Contingency Total Expenditures Nel Change in Fund Balance Beginning Fund Balance Ending Fund Balance Year to bate 2008109 Revenues ~ Percentage Budget Expenditures Difference ReceivedlUsed $1,358,DOD $733,258 $624,743 54A0% 13,D00 8,019 4,981 61.68% 0 19,920 19,920 0.00% 1,371,000 761,197 609,803 55.52% 294,000 148,1$6 145,814 50.40% 727,000 341,204 385,796 46.93% 4DD,000 1$8,824 231,076 42,23% 5D,000 D 5D,000 0.00% 1,471,000 658,314 812,6$6 44,75% 102,883 442,D00 429,920 X2,080) 342,000 532,803 X190,803) 1~ Council Stmis 111512009] 5 City of Central Point Budget Compliance Report For period ending December 37, 2008 Fiscal Year fo date 50.00% 2008109 Year to Date Percent Bud_ get Expenditures Used Difference General Administration $557,000 $256,743 46.09% $300,257 City Enhancement 123,000 115,504 93.91 % 7,496 Technical Services Bureau 385,000 183,183 46.38% 211,817 Mayor and Council 108,000 40,502 37.5D% 67,498 Finance 890,000 431,846 48.52%. 458,154 Parks & Recreation -Parks . 639,000 304,419 47.64% 334,581 Parks & Recreation -Recreation 518,004 229,43D 44.29% 288,570 Community Development 589,000 233,517 39.65% 355,483 Police 3,468,OD0 1,643,973 47,40% 1;824,027 Interdepartmental 135,000 82,509 61.12% 52,491 Transfers 55,000 55,000 100.00% 0 Contingency 358,000 0 0.00% 358,000 7,835,000 3,576,626 45.6b% 3,900,374 Street Operations 1,239,OOD 606,056 48.91% 632,944 SDC improvements 416,000 47,141 11.3.3% 368,859 Contingency 280,000 0 0.00% 280,000 1,935,000 653,196 33.76% 1,001,$04 Mousing Materials and Services 69,000 2,496 3.62% 66,504 Transfers Out 25,000 D 0.00% 25,000 94,000 2,496 2.66% 99,504 Capital Projects Recreation Center 836,000 1,015,644 121,49% (179,644) Parks SDC 511,D00 275,633 53.94% 235,367 1,347,000 1,291,277 9$.86% 55,723 Debt Service Debt Service 582,000 363,120 62.39% 216,880 Building Personnel Services 231,D00 117,132 50.71% 113,868 Materials and Services 47,OD0 18,469 39.29% 28,531 Contingency 50,000 0 0,00% 50,000 32$,000 135,6D9 41.34°/a 942,399 Water Operations 2,599,OD0 1,154,198 44.41% 1,444,801 SDC improvements 571,000 41,162 7.21% 529,838 Contingency 250,000 D 0.00% 250,000 3,420,000 1,195,361 34.95% 1,974,639 Stormwater Operations 647,000 281,280 43.47% 365,72D 5DC Improvements 54,000 14,250 26.38% 39,750 Contingency 50,000 0 0.00% 50,000 759,000 295,529 39.35% 405,471 Public Works Facilities Maintenance 294,000 148,186 50.40% 145,814 Administration 727,000 341,204 46.93% 365,796 Fleet Maintenance 400,000 168,924 42.23% 231,076 Contingency 50,000 0 0,00% 50,OOD 1,471,000 658,314 44.75% 762,686 Total City Operations $17,763,000 $8,171,521 46.00% $8,553,479 14 Z:1Financial 5tatemenls12008 FinancialslDec Financial Statement 6 City of Central Point Cash Balances by Fund For Period Ending For Period Ending Fund NamelNo. December 39, 2007 December 3?, 2008 Difference General Fund -10 $4,040,161 $4,316,783 $276,622 Street Fund - 20 1,407,801 1,780,004 352,203 Housing Fund - 25 67,111. 69,083 1,972 Capital Improvements Fund - 30 652,672. 819,944 167,271 Debt Service Fund - 40 28,491 (127,756) {156,247) Building Fund - 50 514,175 414,866 (99,309) Water Fund - 55 3,401,869 3,204,819 (197,450) Stormwater Fund - 57 244,278 177,475 (66,803} Public Works Services Fund - 60 540,413 589,673 49,2$0 Totals $10,896,971 $11,224,891 $327;920 1 s a. ~;IFinencial Statements12009 FinancialslDec Financial Statement 7 INTEROFFICE MEMO CENTRAL POINT TO: Honorable Mayor and City Council. 1~ROM: Bob Pierce, Public Works Director ~~ SUBJECT: PROPERTY LEASE REQUEST Public Works Department Sob Pierce, Director Chris Clayton, Deputy Director Ms. Cynthia A. Lakin, 3167 Old Stage Rd. has inquired as to the possibility of the City leasing a portion of City property, which is located at the City's two million gallon reservoir, for the purpose of pasturing a horse. The property in question is the easterly portion of Tax Lot 2503 on the attached Assessor's map and comprises approximately two (2) acres. Discussions with Ms. Lakin indicate that she would maintain the property and fences and assume, through the lease agreement, all liability associated with pasturing a horse on the property. The City currently spends approximately $2,000 per year maintaining that portion of the reservoir property. Staff recommends that the City Council agrees to enter into a lease agreement with Ms. Lakin for the purpose of pasturing a horse for the sum of $1 {one dollar} per year, provided Ms. Lakin agrees to construct and maintain all necessary fences and gates, maintains the property to the City's standard, and assumes all liability associated with keeping a horse on the property ~. N N 475.96' i x.41 ~ S3B,)3' :-' 471.10 ~~ 01 $ ~ 9D' SO.B6~ I. .1 ~ y 410'+ a II ~ ~ 11 ~ - '% 210' 1QS,0) - ~ 90~ ` ~, A ~~ ~ a ~ ~~ ~ ~ m ~ o l ~ \~~ •• ~ ~ °. ~. S ° ~. r N~• 1 ~ e1. ~ w ~ 617.65' 553.45' ? ~ ~~ r 119' 301'16'10"E ~ ~ 11D' ~ ~ CRR~72S.19' 49.'!6" .y~.• ~~.3 ~ ~ ~• 6 VV ~ V ,r .... .. ~ ~ ~~ ~ ~~ s v ~g a w a ;t .vo1 ~ I~ ~ ~ m a ~ P ~ 4ti '';, 362,91' ti~ ~~ 292.13' ~~ ~ ~ W: ~4 ~ti ~ ~ ~ ~ s q~ ~~ ~~ - ~ ~~ ~ ~/ ~V~ P iW \ e ~' ~ M ~i. ~ ~. ~ m ~~~ ~~~ ~ S41,i5' N09TN 516.96' 391,58' 135.10' es~ N ~ 4N ~ ~; h ~ Q V V ~ + .mow ~N snN ~+ h ~~ w ...r \ `M ~ ~ y yi fl),3j,v t~ n „°~ e ti- 1 w . _ °m °~ ~ ~ ~ ~ ~ _~ =° w _ w N °. `,~ ~~ o N j ~ ~ ~ o°j wy ~ 361.19' `O ,,,~ ~ ~ ~ ... ~. ~ w ~ O a _ N r ~1 ~ + ~ `. ` ~~ W .O e~ ~, ~ ~ W a ~ ~s _. ~ e s1e.95' ua a:, ~.~, ., ~ -._.~i~R 1'~ ~ II~ f ~ ~« ~ 1 n I Ordinance Local Fuel Tax STAFF REPORT CENTRAL POINT Public Works Department Bob Pierce, Director Chris Clayton, Deputy Director LOC.AL.MOTOR.VEHICLEFUEL.TAX ORDINANCE (Second Reading} January 22nd, 2009 AGENDA ITEM: Second reading_of the Local Motor Vehicle Fuel Tax Ordinance. UPDATES /CHANGES /ADDITIONAL INFORMATION Depending an the Oregon Fuel Tax Group's notif cation and establishment period, collection of the proposed fuel tax would become effective no later than April 1St, 2009. If collections were to begin on April 1St, 2009 versus March 1St, 2009, staffs initial recommendation on the future of the transportation utility fee would be based on local fuel tax collections from Apri12009-May 2009 versus March 2009-May 2009. The terms of the initial revenue projections are stated in item #4 of section 3.28.270 of the Local Motor Vehicle Fuel Tax Ordinance. CONCLUSION /RECOMMENDATION Staff recommends a motion approving Ordinance No. , An Ordinance Adding Chapter 3.28 to the Central Point Municipal Code to Impose a Motor Vehicle Fuel Tax and Amending Section 11.20.050 to Provide for Reductions in the Transportation .Utility. Fee. ~~ Ordinance No. AN ORDINANCE ADDING CHAPTER 3.28 TO THE CENTRAL POINT MUNICIPAL CODE TO IMPOSE A MOTOR VEHICLE FUEL TAX AND AMENDING SECTION 11.20.050 TO PROVIDE FOR REDUCTIONS IN THE TRANSPORTATION UTILITY FEE The People of the City of Central Point do ordain as follows: Section 1. The following chapter and sections are added to the Central Point Municipal Code: Chapter 3.28 MOTOR VEHICLE FUEL TAX Sections: 3.28.010 3.28.015 3.28.020 3.28.030 3.28.040 3.28.050 3.28.060 3.28,070 3.28.080 3.28.090 3.28.100 3.28.110 3.28.120 3.28.130 3.28.140 3.28.150 3.28.160 3.28.170 3.28.190 3.28.200 3.28.210 3.28.220 3.28.230 3.28.240 3.28.250 3.28.260 3.28.270 Short Title Purpose Definitions Tax Imposed Amount and Payment Permit Requirements Permit Applications and Issuance Failure to Secure Permit Revocation of Permit Cancellation of Permit Remedies Cumulative Payment of tax and Delinquency Monthly Statement of Dealer Failure to Fiie Monthly Statements Billing Purchasers Failure to Provide Invoice or Delivery Tag Transporting Motor Vehicle Fuel in Bulk Exemption of Export Fuel Fuel in Vehicle Coming into City Not Taxed Fuel sold or Delivered to Dealers Refunds Examination and Investigations Limitation an Credit for Refund ar Overpayment and on Assessment of Additional Tax Examining Books and accounts of Carrier of Motor Vehicle Fuel Records to be Kept by Dealers Records to be Kept Three Years Use of Tax Revenues 3.28.010 Short Title. The provisions of this Chapter shall be known and may be cited as the "City of Central Point Motor Vehicle Fuel Tax Ordinance". ~~ Pg 1 Ordinance No. (010809) 3.2$.015 Purpose. The purpose of the motor vehicle fue! taxis to raise revenues necessary for the construction, reconstruction, improvement, repair, maintenance, operation and use of the public street system in the city. 3.28.020 Definitions. As used in this ordinance, unless the context requires otherwise: "Dealer" means any person who: a. Imports or causes to be imported motor vehicle fuel for sale, use or distribution in, and after the same reaches the city, but "Dealer" does not include any person who imports into the city motor vehicle fuel in quantities of 500 gaAons or less purchased from a supplier who is licensed as a dealer under this ordinance and who assumes liability for the payment of the applicable motor vehicle fuel tax to -the city; or b. Produces; refines, manufactures or compounds motor vehicle fuels in the city for use, distribution or sale in the city; or c. Acquires in the city for sale, use or distribution in the city motor . vehicle fuel with respect to which there has been no motor vehicle fuel tax previously incurred. "Distribution" means, in addition to its ordinary meaning, the delivery of motor vehicle fuel by a dealer to .any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is owned, operated. or controlled by the dealer. "Highway" means every way, thoroughfare and place of whatever nature, open for use of the public for the purpose of vehicular travel. "Motor Vehicle" means all vehicles, engines or machines, movable or immovable, operated or propelled by the use of motor vehicle fuel. "Motor Vehicle Fuel" means and includes diesel and gasoline and any other flammable or combustible gas or liquid, by whatever name such as diesel and gasoline, gas or liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas or liquid, the chief use of which, as determined by the tax administrator, is for purposes other than the propulsion of motor vehicles upon the highways. "Person" includes every natural person,- association, firm, partnership, corporation, joint venture or .other business entity. ~o Pg 2 Ordinance No. (040809) "Service Station" means and includes any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles. "Tax Administrator" means the city administrator, the city administrator's designee, or any person or entity with whom the city administrator contracts to perform those duties: 3.28.030 Tax Imposed. A motor vehicle fuel tax is mposed on every dealer. The tax imposed shall be paid monthly to the tax administrator. The tax administrator is authorized to exercise all supervisory and administrative powers with regard to the enforcement, collection and administration of the motor vehicle fuel tax, including all powers.-specified in ORS 319.010 to 319.430. 3.28.040 Amount and Payment, 1. In addition to any fees or taxes otherwise provided for by law, every dealer engaging in the dealer's own name, or in the name of others, or in the name of the dealer's representatives or agents in the city, in the sale, use or distribution of motor vehicle fuel, shall: a. Not later than the 25th day of each calendar mon#h, render a statement to the tax administrator or duly authorized agent of all motor vehicle fuel sold, used or distributed by the dealer in the city as well as all such fuel sold, used or distributed in the city by a purchaser from the dealer upon which sale, use or distribution the dealer has assumed liability for the applicable motor vehicle fuel tax during the preceding calendar month. b. Pay a motor vehicle fuel tax computed on the basis of 3 cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. In the event that the State of Oregon increases taxes.on motor vehicle fuel, the City, which receives a share of those taxes, may reduce the rate established by this section.. 2. In lieu of claiming refund of the tax as provided in Section 3.28.210, or of any prior erroneous payment of motor vehicle fuel tax made to the city by the dealer, the dealer may show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of tax. 3. The mo#or vehicle fuel tax shall .not be imposed wherever it is prohibited by the Constitution of laws of the United States or of the State of Oregon. 3.28.050 Permit Requirements. No dealer shall sell, use or distribute any motor vehicle fuel until the dealer has secured a dealer's permit as required in this chapter. '~ Pg 3 Ordinance No. {010809) 3.28.060 Permit Applications and Issuance. 1. Every person, before becoming a dealer in motor vehicle fuel in this city, shall make an application to the tax administrator for a permit authorizing such person to engage in business as a dealer. 2. Applications for the permit-must be made on forms prescribed, prepared and furnished by the tax administrator. 3. The applications shall be accompanied by a duly acknowledged certificate containing:. a. The business name under which the dealer is transacting business. b. The address of the applicant's principal place ofi business and location of distributing stations in the city. c. The name and address of the managing agent, the names and addresses of the several persons constituting the firm or partnership and, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent. 4. If an application for a motor vehicle fuel dealer's permit is complete and has been accepted for filing, the tax administrator shall issue to the dealer a permit. in such farm as the tax administrator may prescribe to transact business in the city. The permit so issued is not assignable, and is valid only for the dealer in whose name it is:issued.. 5. The tax administrator shall keep. and. file all applications with an alphabetical index, together with a record of all permitted dealers. 3.28.070 Failure to Secure Permit. 1. If any dealer sells, distributes or uses any motor vehicle fuel-without first filing the certificate and securing the permit required by Section 3.28.060, the motor vehicle fuel tax shall immediately be due and payable on account of all motor vehicle-fuel so-sold, distributed or used. 2. The tax administrator shall proceed forthwith to determine, from as many available sources as the tax administrator determines reasonable, the amount of tax due, and shall assess the tax iri the amount found due, together with a penalty of 1.00% of the tax, and shall make a certificate of such assessment and penalty. In any suit or proceeding to collect such tax or penalty or bath, the certificate shall be prima facie evidence that such dealer is indebted to the city in the amount of the tax and penalty stated. ~~ Pg 4 Ordinance No. {010809} 3. Any tax or penalty so assessed may be collected in the manner prescribed in section 3.2$.110 with reference to delinquency in payment of the tax or by action at law. 4. In the event any suit or action is instituted to enforce this section, if the city is the prevailing party, the city shall be entitled to recover from the person sued reasonable attorney's fees at trial or upon appeal of such suitor action, in addition to other sums provided by law. 3.28.080 Revocation of Permit. The tax administrator may revoke the permit of any dealer who fails to comply with any provision of sections 3.28.020 to 3.28.270. The tax administrator shall mail by certified mail addressed to such dealer at the dealer's last known address appearing on the files of the tax administrator, a notice of intention to cancel. The notice shall give the reason for the cancellation. The cancellation shall become effective without further notice if within 10 days from the mailing of the notice the dealer has not made good its default or delinquency. 3.28,090 Cancellation of Permit. The tax administrator may, upon written request of a dealer, cancel a permit issued to the dealer: The tax administrator shall; upon approving the dealer's request for cancellation, set a date not later than 30 days after receipt of the written request, after which the permit shall no longer be effective. 2. The tax administrator may, after 30 days' notice has been mailed to the - last known address of the dealer, cancel the permit of the dealer upon finding that the dealer is no longer engaged in the business of a dealer. 3.28.100 Remedies Cumulative. Except as otherwise provided it Sections 3.28.110 and 3.28.130, the remedies provided in Sections 3.28.070, 3.28.080 and 3.28.090 are cumulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this code. 3.28.110 Payment of Tax and Delinquency, The motor vehicle fiuel'tax imposed by sections 3.28.030 and 3.28.040 shall be paid to the tax administrator on or before the 25th day of each month. 2. Except as provided in subsections (3) and {4) of this section, if payment of the motor vehicle fuel tax is not paid as required t7y subsection (1) of this Section, a penalty of one percertit of such motor vehicle fuel.#ax shall be assessed and be immediately due and payable. 3. Except as provided in subsection (4) of this section, if payment of the tax and penalty, if any, is not made on or before the 1st day of the next month J Pg 5 Ordinance No. (010809) following that month in which payment is due, a further penalty of 10 percent of the tax shall be assessed. Said penalty shall be in addition to the penalty provided for in subsection {2) of this section, and shall be immediately due and payable. 4. Penalties imposed by this section shall not apply if a penalty has been assessed and paid pursuant to section 3.28.070. The tax administrator ..may for good cause shown waive any penalties assessed under this section. 5. If any person fails to pay the motor vehicle fuel tax or any penalty provided for by this section, the tax andlor penalty shall be collected from .that person for the use of the city. The tax administrator shall commence and prosecute to final determination in any court of competent jurisdiction an action to collect the same. 6. In the event any suit or action is instituted to collect the motor vehicle fuel tax or any penalty provided for by this section, if the city is the prevailing party, the city shall be entitled to recover from the person sued reasonable attorney's fees at trial or upon appeal of such suit or action, in addition to other sums provided by law. 7. No dealer who collects from any person the tax provided for in this chapter shall knowingly and willfully fail to report and pay the same to the .City as required in this ordinance. 3.28.120 Monthly Statement of Dealer. Every dealer in motor vehicle fuel shall provide to the tax: administrator on or before the -25th day of each month, on forms prescribed, prepared and furnished by the tax administrator, a statement of the number of gallons of motor vehicle fuel sold, distributed or used by the dealer during the preceding calendar month. The statement shall be signed by the dealer or the dealer's agent. All statemen#s filed with the City, as required in this section, are public records. 3.28.130 Failure to File Monthly Statements. If a dealer fails to file any statement required by Section 3.28.120, the tax administrator shall proceed forthwith to determine from as many available sources as the tax administrator determines to be reasonable the amount of motor vehicle fuel sold, distributed or used by such dealer for the period unreported, and such determination shall in any proceeding be prima facie evidence of the amount of such fuel sold, distributed or used. The tax administrator shall immediately assess the dealer for the motor vehicle fuel tax upon the amount determined, adding t~rer~eta a penalty of ten percent of the tax. The penalty shall be cumulative to other penalties provided in this code. 3.28.140 Billing Purchasers.,Dealers in motor vehicle fuels shall render biNs to all purchasers of motor vehicle fuel. The bills shawl separately state and describe the different products sold or shipped and shall be serially numbered except where other sales invoice controls acceptable to the tax administrator are maintained. Pg 6 Ordinance No. (010809 3.28.150 Failure to Provide Invoice or Deiivery Tag. No person shall receive and accept motor vehicle fuel from any dealer, or pay for the same, or sell or offer the motor vehicle fuel fior sale, unless the motor vehicle fuel is accompanied by an invoice or delivery #ag showing the date upon which motor vehicle fuel was delivered, purchased or sold, and the name of the dealer in motor vehicle fuel. 3.28.160 Transporting Motor Vehicle Fuel in Bulk. Every person operating any conveyance'for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk shall, before entering upon the public highways of the city with such conveyance, have and possess during the entire time of the hauling or transporting of such motor vehicle fuel, an invoice, bill of sale 'or other written statement showing the number of gallons, the true name and address of the seller or consignor, and the true name and address of the buyer or consignee, if any, of-the same. The person hauling such motor vehicle fuel shall at the request of any officer authorized by law to inquire into or investigate such matters, produce and offer for inspection the invoice, bill of sale or other statement. 3.28.170 Exemption of Export Fuel. 1: The motor vehicle fuel tax imposed by sections 3.28.030 and 3.28.040 shall not be imposed on mo#or vehicle fuel a. Exported from the city by a deaier; or b. Sold by a dealer in individual quantities of 500 gallons or less for export by the purchaser to an area or areas outside the city in containers other than the fuel tank of a motor vehicle, but eery dealer shall be required to report such exports and sales to the city in such detail as may be required. 2. ~ In support of any exemption from motor vehicle fuel taxes claimed under this section other than in the case of stock transfers or deliveries in the dealer's own equipment, every dealer must execute and file with the tax administrator an export certificate in such form as shall be prescribed, prepared and furnished by-the tax administrator, containing a statement, made by some person having actual` knowledge of the fact of such exportation, that the motor vehicle fuel has been exported from the city, and giving such details with reference to such shipment as the tax administrator may require. The tax administrator may demand of any dealer such additional data as is deemed necessary in support of any such certificate, and- failure to supply such data will constitute a waiver of all right to exemption claimed- by virtue of such certificate. The tax administrator may, in a case where tax administrator believes no useful purpose would be served by filing of an export certificate, waive the filing of the certificate. ~J Pg 7 Ordinance No. {010809) 3. Any motor vehicle-fuel carried from the city in the fuel tank of'a motor vehicle shall not be considered as exported from the city. 4. No person shall, through false statement, trick or device, or otherwise, obtain motor vehicle fuel for export as to which the city tax has not been paid and fail to export the same, or any portion, or cause the motor vehicle fuel or any portion not to be exported, or divert or cause to be diverted the motor vehicle fuel or any portion to be used, distributed or sold in the city and fail to notify the tax administrator and the dealer from whom the motor vehicle fuel was originally purchased of such- person's act. 5. No dealer or other person shall conspire with any person to withhold from export, or divert from export or to return motor vehicle fuel to the city for sale: or use so as to avoid any of the fees imposed under this ordinance. 6. In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of 500 gallons or less for- export by the purchaser, the dealer shall retain in the dealer's files for at-least three years an export certificate executed by the purchaser in such form and containing such information as is prescribed.by the tax administrator. This certificate. shall be prima facie evidence of the exportation of the motor vehicle fuel to which:it applies only If accepted by the dealer in good faith. 3.28.175 Sales to Armed Forces Exempted. The license tax imposed by sections 3.28.030 and 3.28.040 shall not be imposed on any motor vehicle fuel sold to the Armed Forces of the United States for use in ships, aircraft or for export from the city; but every dealer shall be required to report such sales to the tax administrator in such detail as may be required. A certificate by an authorized officer of such Armed Forces shall be accepted by the dealer as sufficient proof that the sale is for the purpose specified in the certificate. 3.28.190 Fuel in Vehicle Coming into City Not Taxed. Any person coming into the city in a motor vehicle may transport in the fuel tank of such vehicle, motor vehicle fuel for such person's own use only and for the purpose of operating such motor vehicle without securing a permit or paying the tax provided in Sections 3.28.030 and 3.28.040, or complying with any. of the provisions imposed upon dealers under this ordinance, but if the motor vehicle fuel. so brought into the city is removed from .the fuel tank of the vehicle or used for any purpose other than the propulsion of the vehicle, the person so importing fuel into the city shall be subject to all the provisions err applying to dealers. 3.28.200 Fuei Sold or Delivered to Dealers. 1. A dealer selling or delivering motor vehicle fuel to dealers is not required to pay a motor vehicle fuel tax on such fuel. ~9 Pg 8 Ordinance No. (010809) 2. The dealer in rendering monthly statements to~the city as required by Sections 3.28.040 and 3.28.120 shat! show separately the number of gallons of motor vehicle fuel sold or delivered to dealers. 3.28.210 Refunds. Refunds will~be made pursuant to ORS 319.280 to 319.320. Claim forms for refunds may be obtained from the tax administrator's office. 3.28.220 Examination and Investigations. The tax administrator, or duly authorized agents; may make any examination of accounts, records, stocks, facilities and equipment of dealers,- service stations and other persons engaged in storing, selling or distributing motor vehicle fuel or other petroleum product or products within this city, and such other investigations as it considers necessary in carrying out the provisions of sections 3.28.020 through 3.28.270. If the examinations or investigations disclose that any reports of dealers or other persons ti~~°ete#ei°e filed with the tax administrator pursuant to the requirements of this ordinance, have shown incorrectly the amount of gallonage or motor vehicle fuel distributed or the tax accruing on the fuel, the tax administrator may make such changes in subsequent reports and payments of such dealers or other persons, or may make such refunds, as may be necessary to correct the errors disclosed by its examinations or investigations, The dealer shall reimburse the city for reasonable costs of the examination or investigation if the action disclosed that the dealer paid 95 percent or less of the tax owing for the period of the examination or investigation. In the event that such examination or investigation results in an assessment by and an additional payment due to the city, such additional payment shall be subject to interest at the rate of 18 percent per year from the date the original tax payment was due. 3.28.230 Limitation on Credit for or Refund of Overpayment and on Assessment of Additional Tax. 1. .Except as otherwise provided in #his-ordinance, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three years after the date on which the overpayment was made to the. city. 2. ~ Except in the case of a fraudulent report or neglect to make a report, every notice of additional tax proposed to be assessed under #his ordinance shall be served on dealers within three years from the date upon which such additional taxes become due, and shall be subject to penalty as provided in section 3.28.110. 3,28.240 Examining Books and Accounts of Carrier of Motor Vehicle Fuel. The tax administrator or duly authorized agents may at any time during normal business hours examine the books and accounts of any carrier of motor vehicle fuel operating within the City for the purpose of enforcing the provisions of this ordinance. ~~ Pg 9 Ordinance No. {0108D9) 3.28.250 Records to be Kept by Dealers. Every dealer in motor vehicle fuel shall keep a record in such form as may be prescribed by the tax administrator of all purchases, receipts, sales and distribution of motor vehicle fuel. The records shall include copies of all invoices or bills of all such sales and shall at all times during the business hours of the day be subject to inspection by the tax administrator or authorized officers or agents of the tax administrator. 3.28.260 Records to be Kept Three Years. Every dealer shall maintain and keep, for a period of three years, all records of motor vehicle fuel used, sold and distributed within the city by such dealer, together with stock records, invoices, bills of lading and other pertinent papers as may be required by the tax administrator. In the event such records are not kept within the state of Oregon, the dealer shall reimburse the tax administrator for all travel, lodging, and related expenses incurred by-the tax administrator in - examining such records. The amount of such expenses shall be an additional tax imposed by section 3.28.030. 3.28.270 Use of Tax Revenues. 1. For the purposes of this section, net revenue shall mean the revenue from the tax imposed by sections 3.28.020 through 3.28.270 remaining after providing for the cost of administration and any refunds and credits authorized under-this ordinance. 2. The net revenue shall be used only for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets within the city. 3. For fiscal years beginning after fiscal year 2009-2010, if the net revenues received by the city in the twelve months prior to June of each year exceeds the amounts set forth below, the Transportation Utility Fee unit rates authorized and imposed pursuant to Central Point Municipal Code Section 11.20.050 shall be reduced as follows for the fiscal year following the June in which net revenues are calculated. Where Annual Net Revenue June-May exceeds: Residential unit rate for the following fiscal year Nan-residential unit rate for the following fiscal year $450,000 $0.21 $0.09 $550,000 $0.11 $0.05 $s~o,ooo $o.oo $a.oa 4. For the fiscal year beginning July 2009, the annual net revenue shall be estimated by multiplying by twelve the average of the monthly net revenues received by the city for the months of March through May 2009. Such estimate shall be used for computing the unit rates for fiscal year 2009-2010 according to the amounts set forth in subsection 3.28.270.3. ~$ Pg 10 Ordinance No. (010809) Section 2. The following underlined words are added to Section 11.20.050 of the Central Point Municipal Code:. . 11.20.050 Unit-rate established. Except as provided in Chapter 3.28 the residential unit rate, to be applied to residential land uses; is hereby established at $0.5203 per adjusted average daily trip. Exce t as rovided in Cha ter 3.28 the nonresidential unit rate, to be applied to all other land uses, is hereby established at $0.2207 per adjusted average daily trip. Nonresidential unit rate per month shall be a minimum of ten dollars with a maximum of one hundred dollars. Unit rates may be revised by resolution of the city council from time to time.. Provided however there shall be no minimum unit rate and the council may not revise rates by resolution. if the annual net revenue as defined irn Chapter_3.28, Motor Vehicle Fuel Tax. exceeds $450 000. Passed by the City Council and signed by me in authentication of-its passage this day of , 2009. Mayor Hank Williams ATTEST: City Representative Approved by me this .day of , 2009. Mayor Hank Williams ~9 Pg 11 Qrdinance No. (010809) Kesolution Annexation Vilas and Table 1Zock Koads ~.. pity of Central Point, Oregon Planning Department 140 So.Third St.,Cent~af Point, or 975fl2 CENTRAL ~ Tom Humphrey,AICP, 541.664,3321 Fax 54i b64.6384 POINT Community De~eEopment Dlrectorl www.ci.central-point.or.us Assistant City Administrator STAFF REPORT January 22, 2009 AGENDA ITEM: FILE NO: 09015 Annexation and concurrent zone change of approximately 9.37 acres of property, specifically located at 13$, 141, 1.68 West Vilas Road and 5195 Table Rock Road, Central Point, Oregon, identified on the Jackson County Assessor's map as 36 2W 36 C1D, Tai Lots 300, 400, 500, 1000, 2400; 37S 2W, O1 BA, Tax Lot b00. Owners/Applicants; Rogue Valley Sewer Services, Jackson County Fire District 3, Donald Veaclh and Kari Hatten. STAFF SOURCE: Connie Clune, Community Planner BACKGROUND: The project consists of the annexation of approximately 9:37 acres to include six (6} tax lots and road right-of--way for a portion of West Vilas Road and Table Rack Road. Rogue Valley Sewer Service (RVSS) filed a joint application with Jackson County Fire District 3 and Kari Hatter, The Planning Department sent a letter to each adjacent property owner to invite participation in this annexation. Donald and Carolyn Veach accepted as evidenced by the signed annexation petition. The subject properties are bound by the city limits along the west property line of Tax Lot 2400 and south of W. Vilas as illustrated by the annexation map, Attachment A. The Comprehensive Plan of Central Point designates land uses within the Urban Growth Boundary (UGB}. As such, and concurrent, to annexation, the appropriate zoning district shall be applied to the area in conformance.with CPMC Section 17.12.060, The Comprehensive Plan Land Use designation, City zoning, current Jackson County zoning, and current use for each of the tax lots is described in Table 1. Table 1 Current Zoning Tax Land Use {Jackson Current Ownership Lot Designation) City Zoning__ _ County) Use_ ~e fiire District 3 300 M-1 M-1 'Light Ind vacant 400 M-1 M-1 Light Ind vacant 'RVSS j500 ` R,.1~6 R~'1~=5 ;RFC 2-6 'vacant<: . .. 1.000. Civic Civic RR 2 5... ~ffcelCl~c` Veach 2400 R-1-6 R-1 -6 RR 2,5 SFR ' Hattori 'f0~0 ~R'2 ~ : ~ R.2 Light Ind` SFR° .~ 3a ORS 222,125 authorizes annexation of property contiguous to cities when all of the owners of land, and majority of electors consent. CPMC 1,24.020 .vests the City Council with-the authority to order the annexation of unincorporated territory in the Urban Growth Boundary into the City of Central Point. if all property owners within the annexation territory consent to the annexation along with the majority of the electors who reside within the annexation territory, the City Council may order the annexation without notice, hearing or election, Annexation Criteria 1. Written Consents: The annexation application includes written consent to annex from 100% of the property owners and a majority of the electors within the annexation territory, who have signed the annexation petition, which is evidence of written consent to annexation {Attachment B), Accordingly, pursuant to ORS 222.125 and CPMC 1.24.020, the City Council may order the annexation without notice, hearing ar election. 2. Contiguous to City Limits: Pursuant tq ORS 222-.111, territory proposed for annexation must be contiguous to the City or separated from it only by a public right-of--way or a stream, lake or other body of water. The subject annexation area is contiguous to Central Point to the west and south along W. Vilas Road. 3. Within Urban Growth Boundary {UGB): The annexation territory is within the Urban Growth Boundary of Central Point in compliance with the City-County Urban Growth Boundary and Policy Agreement of September 1984 and amended in 1998. 4. Orderly Provision of Public Facilities: The City-County Urban Growth Boundary and Policy Agreement requires that,' in considering an annexation, urban facilities and services must be adequate in condition and capacity to accommodate the additional level of growth allowed by the Comprehensive Plan within the annexation area prior to or concurrent with the development. Public Works has reviewed the existing public facilities and their proximity to the annexation area and concluded that public facilities can be provided or extended to the site. Any future enhancements of these facilities made necessary by development of the annexation area will be the responsibility of the developer and regulated through the City's land use application process. This will result in an orderly provision of public facilities to the annexation area. ATTACHMENTS: Attachment "A"- Annexation Map Attachment "B"- Annexation Petition Attachment "C"- City of Central Point Public Works Mema Attachment "D"- Jackson County Roads Attachment "E"-RVSS Attachment "F"- Resolution No. __~_. Ordering Annexation .Exhibits A. Metes and Bounds Legal Description of Property B. Map of Survey 3 ~ ~~ ~.. Page 2 of 3 ~ ~ - ACTIONS: Consider the request to annex 9.37 acres, located along W. Vilas Road and Table Rock Road, Central Point, Oregon. RECOMMENDATION: Approve Resolution Page 3 of 3 '.~: ' ~: ;3, 4 AT'T~CHMEIVT " CENTi~L Annexation POINT t° the City of Central Point 36 2W 36CD TL: 300, 400, 500, 1000, 2460 37 2w 01 BA TL: 600 ~~ ~ ~ 3~5 . Rogue Valley Sewer Service: 138 West Vilas Road Donald Veach: 168 West Vilas Road Jackson County Fire District 3: 5195 Table Rock Road Kari Hatten: 141 West Vilas Road ~~r s~w~ {~~ ~ ~~TTACHMENT ".~.~.." ROGUE VALLEY SEWER SERVICES Location: 138 West Vilas Road, Central-Point -Mailing Address;l°0. Hax 3130, Central Point,OR 97542-0005 Tel. (541) 6ti4-6300 or {541) 779-4144 FAX (54l) 664-7171 www.RVSS.us ATTACHMENT TO: APPLICATION FOR ANNEXATION CITY OF CENTRAL POINT Three property owners are requesting the annexation of a total of five lots as follows: 1) Rogue Valley Sewer Services 138 West Vwlas Road (P.O. Box#3130) Central Point, OR 97502 $62W36CD Lot 1000 {3.75 acres) 138 West Vilas Road 362W36CD Lot 500 (1.01 acres) 136 West alas Road Civic District and R7-6 Total Acreage: 4.76 Exiting Dwelling Units: 1 ~R 2) ~actcson County Fire District #3 8333. Agate Road White City, OR 97503 362W36CD Lot 300 362W36CD Lot 400 M-7 Light Industrial Total Acreage: 2.88 3) Kari R. Hatten 741 West Vilas Road Central Point; OR 97507 t Business: (54i) 664-9841 Residence: (541) 840-545.1 372W01 BA Lot 600 R-2 Total Acreage:.34 acre x a .• ;~ °~ •~_ 3~ ti 372~i10 i BA600 ANNEXATION PETITION .The undersigned hereby request and consent to the annexation to the City of Central Point, Oregon, of the real property contiguous thereto described iri Exhibit "A" attached hereto and by this reference made a part of the within petition. By their signature hereto, the undersigned certify that they are either "owners" of land in the territory proposed to be annexed as described in Exhibit "A", or are "electors" registered in the territory proposed to lie annexed as described in Exhibit "A". This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on or before the date of the public hearing to be held upon the proposed annexation pursuan# to OILS 222.120. "Owner" is defined by ORS 222.120 as meaning the legal owner of record or, where there . is a recorded land contract which is in force, the purchaser thereunder. If there is multiple ownership in a parcel of land, each consenting owner shall be counted as a fraction of the same extent as the interest of the owner in the land bears in relation to the interest of the other owners, and the same fraction shall be applied to the parcel's land mass for purposes of the consent petition. If a corporation owns land in a territory proposed to be annexed, the corporation shall be considered to be the individual owner of that land. ~ . "Elector" is defined in said statute as an individual qualified to vote under Article II, Sec#ion 2 of the Oregon Constitution, which in turn requires that the individual be 18 years of age or older, a resident of the area in question, and registered to vote as xequired by applicable state law. Furthermore, ORS 222.270(2) requires that electors petitioning for annexation be registered in the territory proposed to be annexed.' NamelAddress Elector Or ~ . Property Owner? Signature Date . Joseph ~..Hatten~ Karl R. •Hatten ~ Property Owner r ~Q Z, p 141 West Vi~1'as RQ d Cen t ra ]~ Point ;.. 0 R 97542 • . Annexation Petition Revised 9/26/06 ~ 3 +. 362w36cfl1ooo a,r~d 5aa ANNEXATYON PET~ON The undersigned •hereby request and consent to the annexation to the City of Central Point, Oregon, of the real .property contiguous thereto described in Exhibit "A" attached hereto and by this reference.made a part of the within petition. By their signature hereto, the undersigned .certify that they are either "owners" of land in the territory proposed to be annexed as described in Exhibit "A", ar are "electors" registered in the territory proposed to be annexed as described in Exhibit "A". This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on ar before the date of the public hearing to be held upon the proposed annexation pursuant to ORS 222.120. "Owner" is defined by ORS 222,120 as meaning the legal owner of record or, where there is a recorded land contract which is in~force,~the purchaser thereunder. if .there is multiple ownership in a parcel of land, each consenting owner shall be counted as a fraction of the same .extent as the interest of the .owner in the land bears in .relation to the interest of the other owners, and the same fraction shall be applied to the parcel's land -.mass for purposes of the consent petition. Tf a corporation owns. land in a .territory proposed to be annexed, the. corporation shall be considered to be the individual owner of that land. "Elector" is defined in said statute as an individual qualified.to vote under Article lI, Section 2 of the Oregon Constitution, which in turn requires that the individual be 18 years of age or older, a resident of the- area in question, and registered to vote as required by applicable state law. Furthermore, ORS 222.270(2) requires that electors petitioning for annexation be registered in the territory proposed to be annexed. NamelAddress ~ ~ Elector .Signature Date Or Property Owner? . ROGUi: VAL:L~EY . ~ . Si:WER S~RV i C~5 • Preperty Owner ~~ ~~~ 13a' West Vi las .~ P'.0: ~ Box 3130 Central- Point, -OR 97§02 ~ ~ - Annexation Petition - Revised 9/26/46 ~ ~ +~ 362W36CD300 and 400 ANNEXATION PETITION The undersigned hereby request and consent to the annexation to the City of Central Point, Oregon, of the real property contiguous thereto described in Exhibit "A" attached hereto and by this reference made a part of the within petition. By their signature hereto, the undersigned .certify that they are either "owners" of land in the territory proposed to be annexed as described in Exhibit "A", or are "electors" registered in the territory proposed.to be annexed as described in Exhibit "A". This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on or before the date of the public hearing to be held upon the proposed annexation pursuant to ORS 222,120, "Owner" is defined by ORS 222.120 as meaning the legal owner of record or, where there is a recorded land contract which is in force, the purchaser thereunder. If there is multiple ownership in a parcel of land; each consenting owner shall be counted as a fraction of the same extent as the interest ~of the owner in the land bears in relation to the interest of the other owners, and the same fraction shall- be applied to the parcel's land mass for purposes of the consent petition:,' If~>a 'corporation owns land ~in a territory proposed to be annexed, the corporation-shall be considered to be the individuatl .owner of that land. "Elector" is defined in said statute as an individual qualified to vote under Article II, Section 2 ~ of the Oregon Constitution, which in turn requires that the individual be 1$ years of age or older, a resident of the area.in question and registered to vote as,required by applicable state law. Furthermore; ORS- 222.270(2) requires that electors petitioning for annexation be registered in the territoryproposed to be annexed. Name/Address Elector Or Property Owner? Signature Date JACKSON CTY `Fi Ri: Di:PT ~3 ~ ' ~. - . i'roperty nwrte r ~ ~ ~ f d ~ G -. U 8 8333 Agate Roac# WM i to ~ C i~t~y~, OR 97 03 ~. Annexation Petition Revised 9/26106 ~ '3 9 City of Central Point, Oregon 14Q So.Third St., Certitral Paint, Qr 97502 541.654.3321 Fax 541.664.6384 www.ti.centrai-po}nt.ar.u s Planning Department CENT~L ~ _._ ~ Tom Humphrey, AICP, PO! ~t Community pevel~pment Director/ ` Assistant City Administrator LfiTTER OF AUTHORIZATION Let it be known that Chuck Root is hereby .authorized to act on behalf of the . undersigned -with regard to the development of the described property. This authority shaII include -all matters including applications, con#erences, documents, permits, and mapping issues. Authorization .shall pertain to all governing agencies associated with the prnject. PROJECT: Goope ra t i `ye Mn naxa fi'i~o~1 . ` ~ ~ ~ ~, , ~ • ' "~ Central `Point; Oregon. Fees ar other ~ casts of this development project are the responsibility of the owner/applicant, `~ ~ /~~~ q-a 6 ~ Applicant~os ph ~E.ry Watten ~]2WU3 @A ~ Lota60Ql Date Applicant ~ ~ Date Property Owner (Same ~as above) Date Property Owner ~ ~ Date Agent ~ ~ ~ Date . ~~ City of Central Point, Oregon Planning Department 140 So,Third St., Central Point, Or 97SU2 ~EN~~LT ~ Tom iiumphrey, AICP, 541.684.3321 Fax 5p1.664.6384 PINT Community Deveinpment Director/ www.d.centrai-polnt.or.us Assistant City Administrator LETTER OF AUTHOR3ZATION Let it be known that Chuck Root is hereby authorized to act on behalf of the undersigned with regard' to =the development of the described property. 'This authority shall include all matters including applications, conferences, :.documents, permits, and mapping issues. Authorization shall pertain to all governing agencies associated with the project. PROJfiCT:T__ Gooperati°ve Annexatioh ~~~ ` ,,,......__.. _..., ,..---..... ._ ~ - :'Ceritral~ Point, Oregon. Fees or other costs of this ~ development project axe the' responsibility of the owner/applicant, .. ( /{~--f~ - zova Applicant Da~vid~~i3ard,..lackson~ Cty Fire District r~3 Date 362w36efl ~~o~t ~ 300: 36zw36c~d~ i,Qt 400 Applicant Date Property Owner (Same ~ a~s above) ~t,.~- Date Property Owner ~ . ~ Date . ~ Agent Date . 4 ~. . :~~~ ~O~ C+~nt:i''al Pb1i~t;; ~r'~egc~ll. 140.3~.Thirsl ~.;~i-tr~l Poirit,o~97502. ~. 5!41,~f64~~~i :Fax~54`1.:66~1~3B4 wwtiyxic~t~rbl-palht'.orus December 2, 2008. ~ ~ . Dear Properly Owner:. ... Planr~~~~~ ~~epartri~e~nt Toff H.Wt~I#~ey, AI:CP, CoMily De~iebpt~ent DdteGtAr~ J.Issi~tant~:City~4dminlstratax Tit G ] ;.,-~ . ~ Zpp~ . ~ . The City of Central Point is processing the annexation of the~property~ laca#~®d on West Vitas Road and Table Rock Road as indicated on the.enclosed snap. Based on the Jackson County Assessment records, youx property is .in the vicinity.and is within the Urban Growth Boundary of Central Point. The City of Central Point will consider annexation of land that abuts the City Limits or land that i8 ad scent to annexed- ro ~ ~ . j p l~rh'• ... _ , . Xou are invited to participate in the upcoming arinexa#ion at no cost fio you. The City of Central Point will consider annexation of land only. by consentutg landowners~or those owners requesting indu8ion into the citytlrimits~-- Should a~ landowner ~-ish<to ~appIyindependently for _ . annexation he application fee ~s $375:00, ; . ~ . We are asking for your interest regarding the inclusion of your properly in the annexation application. It is important for this process that we receive your comments. Please check your preference below and return the completed response to .the City by. December 12, 20D8. A self- addressed envelope has been enclosed for your convenience. If you have questions, you may contact Connie Clone, City of Central"Point'Planivrig"Department'atd643321 ext. 293. Namet~l~ ~~ p J ~- Z. ~ VIa~A t~N W . Vc~Las ___ As authorized agent, I/we would like to be included and Piave signed the attached Annexation Petition ^ ~ do not ' h to included in the annexation Signature• ~ ~ Date: ` ~~ . . . Phone: ~~ 1- 8'~3 u~ ~- ANNEXATION PETITION . The, w~deirslgned heanby re4 earl oonsa~t to thra won to" the, City. of Cmtral Poiok, Oreeon, of the real pxapaty aoa-~guous thereto described is Bxbibit "A" attached hereto cad by this refare~~oe made • part ofthe within petition. . .By their stgaat~ue het~eEo, thev~nderslgned.certify that they acne either "owned' of Lmd in the tauit~orypa+aposed to be' eonaaced as desacitied in Bachibit "A ; or aro "electors" regista~ed in the te~aitorypreposed to be ameared as descadbed in Bxhibit "A". This peHtia®, oo~taiai~g the request sad oaz+sant to said annexation, must be Sled with the Central Point City Couadl ~ or beSor+d>the date of the pubtia hearipg to be hdd upon the proposed ssmeacsliaa= pvrsaant to ORS 222.120. '~OQVa~e~" is defined by ORS 222.124 as mcsning the, ie$al owner of record or,. whe~+e thet+e is a roc~ox~led lead oontra~ot4wLioh~;~is in Eoane;~ the ptu~chasas•therctmder. =Tf thac~e is mt~ldpld ownersiip is a,,parcoi :of lead; .each.oag owuar`sbsll. be donated' as a ~aCtion of the Mme aactnxt as tha:.of.dtie o~uor~in ahea~d'beste;aa rolabi~n to rho Interest of the other oz's, and the same Suction $hall~be appLed to°tbe par+cet's Sand eaass ~r purposes of the coneeeot ~etitto®:' `If ~ Qa6~po~ owes °lend in- a territory proposed to be amuo~ed, the oorpoxation shall be ~considand to~be the individt~al.:owner of that land. "Blector" is defined 3u said statute as an~individual qualifiodao vote under Article II, 8oction 2 of the Oregon Constitut%n whicl-~ in turn requires that the individual bo 18 years of age or older, a residrnt of the area in question, and registered to vote as required by applicable state taw. P~thc~more, ORS ~ 222.270(2}. x~cquires that ehctors~ petitioning for a~ancxation be registercd in the territory proposed. to bo annexed. Name/Address Elector Or Property owner? Signature Date $ °~ ~ ~ 2r+.~ 1~ ~ d d . 1J~ ~ dl. ~ t.7 $ . Anneacatian Petition... .. ~ 4 3 . . . • Revised 9126106 6 _ ; . '~; ~.. ~ .. 11Serveazillalpll~xll Other Plafmif~g Doc~mentslAnn~ation Petition.doc . , Publle Works. Department Bab P/erice, Dlrecbr Slephanle Wodett, CFM Interim Development Servfces Coordlnstor ~~'TACHMENfi ". PUBi:.IC WORKS STAFF REPORT December S, 2088 AGENDA ITEM . Annexation: Approximately 9.84 acres to include six (B} tax lots and road right-of--way for a portion of West Vlias Road and Table Rode Road. Applicant: Rogue Valley Sewer Services Exlstlna Infrastructure Water: West Vilas Road has a 12-inch City-owned waterline and a 38-inch waterline owned by the Medford Water Commission. Table Rodc Road has a 12-Inch City-owned waterline, ss weN as a 30-inch waterline owned by the Medford Water Commission. Storm Drain: There is a 12-inch.County-owned storm drain in both West Vilas and Table Rock ' Road. Street 8e~ction: Wes# Vilas and Table Rack Road are bath currently under County jurisdiction. The City has designated West Vllas as a minor arterial and Table Rock Road as a major arterial. Engineering Plans and Development Permits No permita are needed at this time. Conditions of Approval Public Works has no conditions of approval for this application. 140 South 3'~ Street • Centre! Point, OR 97502.549.664.3321 • Fax 549.664.6384 44 ~ v k ~ 1 ~ , A1NaYl3 gp~,,..,~,~s Rani LoWo ~~ ~~ ~s ~N co~~~~ ~ ~~~~ur xoD AntMop. Road wnt~. aR ~~aaa Phone: t '4y ~4-ezaa ~ ~ ~ ~~ (W4 77~-1l29a noourayorp www~~okeonovuntyorq December ~, 2009 • ATTACHMENT "~ Attention: Connie Clune ~ ~ "~"~ City of Cen#ral Point Planning 140 south Third Street • Central Point,•OR 97502 • RE: Annexation off West Vilas Road - acounty-main#ained road. . Plenninp File: 08015; 3B2W36CD TLs 300, 400.500, 1000 8 3'72W01 BA TI_ 800. Dear Connie: Thank you for the opportunity to comment on this application for the RV59 Annexation. The annexation tot4la 8.98 acres and lnoiudoa fivo tax Iota and road right-otwvoy fora portion of Went Vitae Road and TabIQ Rock Raced. Jackson County Roads hoe ttte following comments: 1. When any of the properties are developed, the applicant shall submit construction drawings to Jackson County Roads and obtain county permlta If required: 2. Jackson County Roads Would like to review and comment on the hy~rautic report, including the caioulations end drainago plan, for any'now davolopmont an the subject properties. Capacity improvements or on site detention, if necessary, shall be insta,llad st the expense of the applican#. . 3. The annexation should also include Table Rock anti West Vllas Roads right of~vvay. The Board . of County Commissioners Order No. 6-99, adopted the 7°'. day of January, 1999, recommends that the city request road jurtsdtction and annex the entire road right-af-way, pending amendment of tho Urban Growth Bolundary Management Agreemont. 4. Please note that Table Rock Road (County Arterial) is a count-maintained read. Tie Average Daily Traffic Count fifty yards north of Vilas Road was 18,524 ADT on August 2008. 5. Please note that Wes# Vitas Road (County Arterial) is a county-maintained- road.:'llie Average Daily Traffic Count one-hundred yards west of Table Rack Road was 14,013 ADT on Au~vst 2aD8. . .. _._,....cans:run.~ion_7-nanager...-............,w-.... _.._....__.........,,. .•.-............_ ._ _..,.,....... . I:lQnp~ntsdnpl~avelopmRnIICITIEBICN'rRLPt'14H046.don ` ~'~'~C ~ M ENT` .`~ !`1 RQGUE VALLEY SEINER SERVICES Location: 13$ West Viler €toad, Central Point, OR -Mailing Address: P.O. Box 3130, Central Point, OR 7502-0005 Tel. {541)664-6300, Fax {541)664-7171 www.CtVSS.us December 5, 2008 Connie Clune City of Central Point Planning Department 155 South Second Street Central Point, Oregon 97502 Re: RVSS Annexation, File #09015 Dear Connie, ~~~~;~,IT~,.f ~ l~`~,~ .! ` Tax Lots 3.00, 600, and 1.000 are currently served by RVS. The proposed annexation will not affect these~services. Tax Lots 400 and 500 are land-locked and currently do not have access to a sani#ary sewer. Sewer service -for these lots would require an easement across an adjoining property. -There are public sewer mains on Vilas Road,- Table Rock Road and on easements across private property to the North and West that could be available-for this service. Feel free to call me if you have any questions regarding this project. Sincerely, Carl appert, P.E. District Engineer K:IDATAIAGENCIESICENTPTIPLANNGIANNEXATION12009109015 RVSS ANNEXATTON.DOC ~~s A~'ACHMENT~~`..~ " RESOLUTION NO. A RESOLUT)[ON DECLARING THE ANNEXATION OF 9,37 ACRES OF LAND LOCATED ON WEST VILAS ROAD AND TABLE ROCK ROAD, IDENTIFIED ON THE JACKSON COUNTY ASSESSOR'S MAP AS 36 2W 36 CD,-TAX LOTS 300, 400, 500,1.000, 2400, 37 2W O1 BA, TAX LOT 600,- INTO THE CITY OF CENTRAL POINT, OREGON. Owners: Rogue Valley Sewer Services, Jackson Cau~aty Fire District 3, Donald aad Carolyn Veach and Kari and Joseph Hatten. Annexation File No. 09015 WHEREAS, ORS 222.125 provides that when all of the owners of land in the territory proposed for annexation and not less than 50% of the electors residing in such territory have consented in writing to the annexation of the land in the territory and file such written consent with the City Council, the property may be annexed without the requirement for an election or a public hearing; and WHEREAS, on January 22, 2009, the City of Central City Council conducted aduly- , noticed public hearing on the annexation application, at which time it reviewed the City staff report and heard testimony and comments on the application; and WHEREAS, the owners of the property proposed for annexation are, Rogue Valley Sewer Services, Jackson County Fire District 3, Donald and Carolyn Veach and Kari and Joseph Hatten and there is sole consent to the annexation, Such written consent is an file at Central Point City Hall, 140 S. Third Street, Central Point, Oregon; and WHEREAS, the property consists of six (6) tax lots and road right-of way totaling approximately 9.37 acres. The property to be annexed is mare particularly described in attached Exhibit A, the metes and bounds legal description, and attached Exhibit B map of survey; and WHEREAS, the property is not within the City of Central Point's current corporate boundaries, but is contiguous to the City's existing corporate boundary and is within the Central Point Urban Growth Boundary {UGB}; and WHEREAS, annexation of the described property is consistent with the City's ability to provide facilities and services to the real property, as required by the City's Comprehensive Plan; and WHEREAS, after duly considering the annexation application, it is the City Council's determination that the application does comply with applicable standards, criteria; and WHEREAS, the City Administrator, or-his designee, shall transmit a copy of this resolution to the Oregon Secretary of State, and this annexation shall be effective when filed with the Oregon Secretary of State pursuant to ORS. 222.180; '~ NOW, THEREFORE, BE T~' RESOLVED by the City Council of the City of Central Point, Oregon, that property as set forth in Exhibits "A" and "B", which are attached hereto by reference and incorporated hereuy shall be and hereby are, annexed into and made a part of the City of central Point, Oregon. PASSED. by the Council and signed by me in authentication of its passage this ~, day of - , 2009. Mayor Hank Williams ATTEST: City Representative APPROVED by me this day of ~, 2009. Mayor Hank Williams ~8 EXH~BI~' `~.~.." ~xsxa~IT •'a" Commencing at the-One Quarter corner caa~uaon to Section 36, Township 36 South, Range 2 West and Section 1, Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon; thence North 89°97'3?" West along the Sautr line of said'Section 36, 656.38 feet to the TRJE POINT QE' BEGINNG, being a point on the West 1i.:~e of the East Half o£, the Southeast Quarter of the Southwest Quarter of said Section 35; thence North 00°09'33" West a3.onq said West l~.ne, 989.95 feet to an iron monument at the Southwest corner of that tract,af_and more particularly described fn Instrument number 2004-70923 of the Official Records of Jackson Caunty, Oregon; thence 3cuth 89°50`03" East along the South lane of said~][nstxument number 2009-70923, 619.53 feet to an iron monument on the Westerly right of way line of Table Rack Road; thence continue Svu,th 89°50'03' Eaat, 46.51 feet to the North-South centerline of said Section 36; thence North 00°40'25" West along said North-South centerline, 64.50~feet: thence North 89°50'03" West, 47.07 feet to a iron monument on said Westerly right of way line; .thence continue North 69°50'03" West along the South line of that tract of land moss particularly described in Instiruenent number 92-16}.76 of the Official Records of Jackson Covnty, Osegan, 299.44 feet to an iron monument at the 5outhv;est corner thereof; thence North 00°1C'S3" West along the Westerly line of sa~.d Instrument number 92-16176, 54.50 feet to an iron monument; thence continue along said Westerly line North 09°44'49" East, 87..44 feet t4 an iron x~anument at the Southwest corner. of that tract of land more particularly descr~.bed in Instrument number 2000-1425? og tha Official Records of Jackson Caunty, Oregon; thence North 00°05'37" West along the West line of said ' Instrument number 2000-19267, 129.95•feet to an iron monument at the Nartheas~ corner of that tract of ].and mote particularly described in Instrument number 2004-70923 of~-the Official Aecords of Jackson County, being also on the North line of the Southeast Quarter of the Southwest Quarter of said Sec=ion 36; thence North 89°50'58" West along said North line and the North line of saf.d Instrument numbe;c 2004-70923, 326.00 feet to an ixan monument at the Northeast corner of the Instrument number 2007-57184 of the Official Records of Jackson Co~:rty, Oregon; thence continue North 89°SC'S8" West along the North line of said Southeast Quarter ot• zhe 5outhwest• Quarter of said Sec_;an 36, 1fi6.46 feet to an iron monument at the Northwest sorrier af' said Irsstxument n;smber 2007- 57184] thence South 00°09'02" East along the ttesterly lire of said the Instrument number 2007-57].89 and the extension thereof, 594.83 feet to an iron monument; thence North 89°50'58" East, 30.00 feet to an iron monument; thence continue along said Westerly line, South 00°09'02" East, 725.00 feet to the North line of said Section 1 Township 37 South, Range 2 West of the Willamette Meridian, Jack9or. County, Oregon; thence North 89°47'37" West along said North 17.ne, llfi.fil feet to the Southeast corner of that tract of land moace particularly described in Instrument number 98-03572 of the Official Records of Jackson County, Oregon; thence North 00°08'50" Hest along tie East line ,thereof, 726.40 feet to the Northeast corner of said Instrument number 98-03572; thence North 69°47'37"' West, paxal.lel wi•~h the Naxth ?ice of sand Section 1, 60.00 feet the Northwest corner of said Instx•uaaent r_umber 98-03572; thence South OD°08'50" East, along the West line of said instrm~ent number 98-03572, 726.00 feet to the North line of said Section 1; thence continue South 00°08'50" East. 30.00 feet to the South right of way line of West .V~,las Road; 49 thence continue South 89°4T'37" East, along said South right of way line, 88.D2 feet to the Wast lire of that tYact of 1-and more particularly described in volume 461, ?age 99 of the peed Records of~Jackson County, Oregon; t;~enae South ~DD°27'09" East a,3,onq the West line ol'~saxd Va~ume 961, ?age 99, 130. D0 feet to the Southwest corner thereof; thence South 89°47'37" East, parallel with the North line of said Section 1, 92. DD feet to the. Southeast ccrner thereaft thence North 00°27'09" East along the East line of said Volume 461, Page 99, 130.00 feet to the South right of way line of 9~est Vilas Road; thence South 89°47'37" East, along said South line, 153:18 feet;. Hence Noxt:~ DO°09'33" West, 30. D0 feet to the true point of bega.nni.ng. Affects Tax Lot 600 37-2W-019A and Tax Lots 3D0,400,5DD,100D s 24CC 36-2W-36CR Contains 9.37 acres rer.•rc7n..~ w++~-r yp~-.-r ~.ti9sd .~;.fit i wii'a~'• .. '~ !' ~~ ~ r~s~i~ - 1 /f v,J~ ' r:.~~7 ~~ii.. ~~;CC~~ff7777cc 1,~'reecr~ ur: ,.~~.yy.~..ec'qq+ts~xz ~.~~•: •: O ~~HIB1T " ~ ,~:." I ~aud5~ •-~ _... ` M S ~ ~ ~~ ~.. J ~~ i v ~ oe •} ~ i ~~ ~,,• I'~'e~c ~'~ ~°"nr i I S~"tN~ ~~'"i _U ~~~0.1. ~C/L~F~EBT VDAS ROAD ~~ ~/~i+os, ~~.~. f -~~ ~• • - ~ao~ne ~uortr or cur ~~+' ~ . S~mrRV 1aAfiu77it -J~ PURIOi: t• y~pt a kPM ~nWiM M • r~vw~/ wrwlY~ 1• he ti! R' ~ CwYrl /\Yd w) O YN~~ • ~O R ~+~h w d~P~~M 4rM- /~ )~w MORPIIIO YN47y •M Mi•~ M iwl wf ~.•M r~M •N i~ern ~Orp4 frj ~s~•~/. 6~ ~ M~Nllri~*M w~eq/Va^~~ +iM, ~ w~F wM I~Y~ ..era ~ 1~w~ y....e . ' R'D AlO~~WA00.flC~i tp0 ~if~7i~'O /p4 t~ M1~RY~ 11 ~f~ML'i! K b0.t7~17-MJI p~YV ~ b. ~/a0~ 51 Resolution Annexation East Pine Street ,~ City of Central Point, Oregon 140 So.Third St., Central Point, Or 97502 541.664,3321 Fax 541.664.63$4 www.ci.centrai-point.or.us _. CENTRAL POINT STAFF REPORT January 22, 2009 AGENDA ITEM: FILE NO: 09016 Planning Department Tom Humphrey,AlCP, Community Development Director/ Assistant City Administrator Annexation and concurrent zone change of property identified on the Jackson County Assessor's map as 37 2W OIC, Tax Lot 3000, specifically located at 1$60 E. Pine Street (Biddy Road), Central Point, Oregon. Owner/Applicant: A~derwood LLC; Agent: Dennis Hoffbuhx, Hoffbuhr & Associates, Inc. STAFF SOURCE: Connie Clune, Community Plannex BACKGRO The project consists of the annexation of approximately 0.877 acre and road ~ ~ F right-of--way for a portion of E. Pine Street (Biddle Road). The subject ' ~ ?""~°= property is bound by the city limits on three sides as illustrated in Figure 1. =g-"" ` ~ On December 1, 2008, Alderwood LLC ', submitted an application for annexation East Plne 5treetl Biddle Road of their property (Tax Lot 3000). The -•••-..._... _....., "„_;..,~::-~-: Alderwgod LLC members have -•°-•••-•~- ~_..,.. . - -- ,City Limit ~ _._ __. .. - __ ~ - - , consented to annexation with the City i .~ --- and are represented by Dennis Hoffbuhr who i ~ prepared the documents for this annexation ', ~~ request (Exhibits A-B}. ~ i This annexation request excludes the adjacent ~ ~ E property (Tax Lot 3300) as the property '"°...,.._..'.."_-~~-•~~•~-•••--•- owner, Edith Arrell, has declined ~; participation. _...__..___.-- . __.._-- Tax Lot 3300 Figure 1 n~..,~...~,! Currently the subject property is zgned by Jackson , ~ ~~• ~ County as Rural Residentia12.5, the Comprehensive Land Use Plan designated is C-4 Tourist and Office Professional and when annexed, will have this zoning classification. The applicant states that astructure, asingle-family residence, located on tax lot 3000 will be removed. The applicant proposes the inclusion of this tax lot with additional owned land far the future development of the site as a commercial center comprised of six (6} buildings designed for uses allowed in the C-4 Tourist and Office Professional zoning district {see Attachment C). 5~ AUTHORITY: ORS 222.125 authorizes annexation of property contiguous to cities when all of the owners of land and majority of electors consent. CPMC 1.24.020 vests the City Council with the authority to order the annexation of unincorporated territory in the Urban Growth Boundary into the City of Central Point. If all property owners within the annexation territory consent to the annexation along with the majority of the electors who reside within the annexation territory, the City Council may order the annexation without notice, hearing or election. ANNEXATION CRITERIA: 1. Written Consents: The annexation application includes written consent to annex from 100% of the property owners and a majority of the electors within the annexation territory. Alderwood LLC, is the property owner of record for tax lot 3000, has signed the annexation petition, which is evidence of written consent to annexation (Attachment C). Accordingly, pursuant to ORS 222.125 and CPMC 1.24.020, the City Council may order the annexation without notice, hearing or election. 2. Contiguous to City Limits: Pursuant to ORS 222.111, territory proposed for annexation must be contiguous to the City or separated from it only by a public right-of way or a stream, lake or other body of water. The subject annexation area is contiguous to Central Point along three property boundaries and East Pine Street (Biddle Road). 3. Within Urban Growth Boundary (UGB}: Tie annexation territory is within the Urban Growth Boundary of Central Point in compliance with the City-County Urban Growth Boundary and Policy Agreement of September 1984 and amended in 1998. 4.Orderly Provision of Public Facilities: The City-County Urban Growth Boundary and Policy Agreement requires that, in considering an annexation, urban facilities and services must be adequate in condition and capacity to accommodate the additional level of growth allowed by the Comprehensive Plan wi#hin the annexation area prior to or concurrent with the development. Public Works has reviewed the existing public facilities and their proximity to the annexation area and concluded that public facilities can be provided or extended to the site. Any future enhancements of these facilities made necessary by development of the annexation area will be the responsibility of the developer and regulated through the City's land use application process. This will result in an orderly provision of public facilities to the annexation area. R Page 2 of 3 ~ 3 ATTACHMENTS: Attachment "A"- Annexation Petition Attachment "B"- City of Central Point Public Works Memo Attachment "C"- RV S S Attachment "D"- Jackson County Roads Attachment "E"- Resolution No. _ Ordering Annexation Exhibits A: Metes and Bounds Legal Description of Property B. Map of Survey ACTIONS: Consider the request to annex 0.877 acres, specifically located at 1860 E. Pine Street (Biddle Road), Central Point, Oregon. RECOMMENDATION: Approve Resolution ~4 Page 3 of 3 ~4TT~1C H M E NT "~' ANNExATroN pE~TroN The undersigned -hereby request. and consent to the annexation to the City of Central Point, Oregon, of the real property contiguous thereto described in .Exhibit "A" attached hereto and by this reference made a part of the,wi#hin petition. By their signature hereto, the undersigned certify that they are either "owners" of land in the territory proposed to be annexed as .described in Exhibit "A", or are "electors" registered in the territory proposed to be a~exed as described in Exhibit "A" This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on or before the date ~of the public hearing to be held upon the proposed annexation pursuant to ORS 222.120. "Owner" is defined by 4RS 222.120 as meaning the legal owner of record or, where there is a recorded land contract which is in foroe, the purchaser thereunder. If there is multiple ownership in a parcel of land, each consenting owner shall be counted as a fraction of the same extent as the interest of the owner in the land bears in relation to the interest of the other owners, and the same fraction shall be applied to the parcel's land mass for purposes of the consent petition, If a corporation owns land in a territory proposed to be annexed, the corporation shall be considered to be the individual owner of that land. "Elector" is defined in said statute as an individual qualif ed to vote under Article II, Section 2 of the Oregon Constitution, which in turn requires that the individual be 18 years of age or older, a resident of the area in question, and registered to vote as requixed by applicable state law. Furthermore, ORS 222.270(2) requires that electors petitioning For annexation be registered in the territory proposed to be annexed. Name/Address ~ Signature Date Property Owner? 1 ~ a _~ ~r ~[P .~~s v~i~~ s ,~~~ ~ I- ~~ - ~8 SU p LLC St1P ~~ Qn ~-~-~s~ tt-2ro~ a$ w~~Ls~iYl~ ~ • K~"~ ~7~ ~tf~ ~+a ~~~ ,d~I\ lit ~ ~G~ Annexation Petition _ 5 Revised ~9/2b/06 ANNEXATION PETITION The undersigned hereby request and consent to the annexation . to the City of Central Point, Oregon, of the real property contiguous thereto described in Exhibit "A" attached hereto and by this reference made a part of the within petition. By their signature .hereto, the undersigned certify .that they are either "owners" of land in the territory proposed to be annexed as described in Exhibit "A", or are "electors" registered in the territory proposed to be annexed as described in Exhibit "A". This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on or before the date of the public hearing to be held upon the proposed annexation pursuant to ORS 222.120. . "Owner" is defined by ORS 222.120 as meaning the legal owner of record or, where there is a recorded land contract which is in force, the purchaser thereunder. If there is multiple. ownership in a parcel of land, .each consenting owner shall be counted as a fraction of the same extent as the. interest of the owner in the land bears in relation to the interest of the other owners,-and the same fraction shall be applied to the parcel's land .mass for purposes of the consent petition. If a corporation owns land in a territory proposed to be annexed, the corporation shall be considered to be the individual owner of that land. "Elector" is defned in said statute as an individual qualified to vote under Article II, Section 2 of the Oregon Constitution, which in turn requires that the individual be 18 years of age or older, a resident of the area in question, and registered to vote as required by applicable state law. Furthermore, ORS 222.270(2) requires that electors petitioning for annexation be registered in the territory proposed to be annexed. Nrame/Address Signature ~ Date . Property Owner? ~~i8 ~~ ~~ W ~6 OS' ~~ 't ~ ~ +~ ~2b a ~$ Annexation Petition 5-~ Revised 9126106 ANNEXATXON PET~TTON The undersigned hereby request and consent to the annexation to the City of Central Point, Oregon, of the real property contiguous thereto described in Exhibit "A" attached hereto and by this reference made a part of the within petition. By their signature hereto, the undersigned certify that -they are either "owners" of land in the territory proposed to be annexed as described in Exhibit "A", or are "electors" registered in the territory proposed to be annexed as described in Exhibit"A". This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on or before the date of the public hearing to be held upon the proposed annexation pursuant to ORS 222.120. "Owner" is defined by ORS 222.120 as meaning the legal owner of record or, where there is a recorded land contract which is in force, the .purchaser thereunder. If there is multiple ownership in a parcel of land, each consenting owner-shall be counted as a fraction of the same extent as the interest of the owner in the land bears in relation to the interest of the other owners, and the same fraction sha11 be applied to the parcel's land mass for purposes of the consent petition: If a corporation owns land in a territory proposed to be annexed, the corporation sha11 be considered to be the individual owner of that land. "Elector" is defined in said statute as an individual qualified to vote under Article II, Section 2 of the Oregon Constitution, which in turn requires that the individual be 18 years of-age or older, a resident of the area in question, and registered to vote as required by applicable state law. Furthermore, ORS 222.270(2) requires that electors petitioning for annexation be registered in the territory proposed to be annexed. Name/Address Elector Or Property Owner? Signature . Date ~innexation Petition C Revised 9/2d/06 i~ S. Publl~ Works Departrnent. PUBLIC WORKS STAFF REPORT December S, 2008: A~3ENDA ITEM Annexation: 0.72 acres and a road right-of way for a portion of East Pine located at 1 BBO East Pine 5treetlBiddle Road. Applicant: Alderwood, LLC ExlstlnA Infrastructure Water: East Pine Street has a '[2-Inch waterline that runs along the north side of Pine. Storm Drain: There is a 30-inch County-owned storm drain In East Pine Street. Street Section: East Pine Street and Biddle Road are county-owned roadways designated by #hs City of Central Point as a major arterial. Engineering Plans and Development Permits No permits are needed at this time. Conditions of Approval Public Wo~ics has no conditions of approval for this application. 1 Bob Pierce, Dlrecbr Stephanie Wodett, CFM Interim Development Servkes Coorrtfnatar ATTACHM-ENT ".,:~" ~~~ } ,1 " .~~~°p~~HMENT " ~ ". ___ RQGUE VALLEY SEINER SERVICES 1,ocation: 138 West Vilas Road, Central Point, OR -Meiling Address: P.O. Bax 3130, Central Point, OR 7502.0005 Tel. (541) 664~i30D, Fax (541)664-7171 www.RVSS.us December 5, 2008 Connie Clune Ciry of Central Point Planning Department 155 South Second Street Central Point, Oregon 97502 Re: Aldeirwood LLC Annexation, File #09015 Dear Connie, ~.a ry ~. ~?-. ~~ ~,~ j~r~ ~~~ ~~~ ~ ~~ The subject property is currently not served by Rogue Valley Sewer Services: The closest available public sewer main is located along the South line of the property immediately to the South. Service°tosthe"~ubject~propertywill require~an easement across this adjacent property. Feel free to cal! me if you have any questions regarding this project. Sincerely, ~~ Carl Ta ert, P. . District Engineer .;~. ~ " K:IDATAIAGENCIESICENTPTiPLANNGIANNEXATXON1200910901b ALDERWOOD ANNEXATION.DOC 5~ 4aetrar~~ Q it~ue Ugrc . -~ l 1C~~~~ ~~~~~~ goo ~ ~ WitHr Cdr, OR 6Taos Rams ~ ,~~~~' fopc~sra~dceorroourRyory _ www~~sanc~nh~ro December S, 2008 rr ' ~ ~~~~~~~~~~f~ Aftentian: Connie guns ~ ~, 2~Q8 City of Central Polnt Plarn[ng 140 south Third Street Genfral Point, OR 97502 ' RE: Annexation aff East Pine Street - a county-~mair~tained road. P~nNng Flle: 09016; 372WOi C Tax Lat 3000. Dear Connle: Thank you for the opportunity to wrrnrlent on this application for the Alderv~ood.LLC Annexation. The annexation 0.72 acres and,raad righ~~f:w,.ay for,a,portion,.of, l=asf Pine,. Street:located ai 1860 Eas# Pine Streef, Jackson County Roads has the fdlowing comments: •' . 1. When the property.is developed, the appNcanf shall submit oonstruc8on drawings to Jackson Cocsniy Roads and ob#aln crounty permits ii required. 2. Jackson County -Roads would like to revlew.and comment on .the hydraulic report, Including fhe calculations and drainage plan, for any new development on the subject•properly. Ca{~acity improvements or on site detention, if necessary, shall be installed at the expense of the applicant. - . 3, The annexation should also lndude East Pine Street rlghf-of--way. The Board of County Cotnmissioners.Order t`lo. 699, adopted the 7~' day of January, '[999; recommends that the city request road Jurisdiction and~annex the entire road right-of way, pending.amendment of the Urban Growth Boundary Management Agreement, 4. Please note That East Pine Street (County Arterial) is a county-maint~alned road, The Average Daily Traffic Count vuest of Hamrick Road~was 28,717 ADT on Augusf 2008. ~ . aer ~~ 1:1Enplr~eedn9lDevalopmenitClTl ESI~~JTRLPll0~D16.doc ATTACHMEi~T ".,..~" RESOLUTION NO. A RESOLUTION DECLARING THE ANNEXATION OF 0.$77 ACRE OF LAND LOCATED SOUTH OF EAST PINE STREET, IDENTIFIED ON JACKSON COUNTY ASSESSOR'S MAP AS 37 2W OlC TAX LOT 3000, INTO THE CITY OF CENTRAL POINT, OREGON Owner: Alderwoad LLC; Agent: Dennis HoBbuhr, Hotlhuhr & Associates, Inc. Annexation, File No. 09016 WHEREAS, ORS 222.125 provides that when all of the owner of land in .the territory proposed for annexation and not less than 50% of the electors residing in such territory have consented in writing to the annexation of the land in the territory and file such written consent with the City Council, the property may be annexed without the requirement for an election or a public hearing;. and WHEREAS, on January 22, 2009, the City of Central City Point Council conducted a duIy- noticed public hearing on the annexation application, at which time it reviewed the City staff report and heard testimony and comments on the application; and WHEREAS, the owner of the property proposed for annexation is, Alderwood LLC and there is sole consent to the annexation. Such written consent is on file at Central Point City Hall, 140 5. Third Street, Central Point, Oregon; and WHEREAS, the property to be annexed consists of one (1) tax lot and East Pine Street right-of--way totaling approxima#ely 0.877 acre, and is more particularly described as follows: Commencing at the Southeast corner of Donation Land Claim No. SS in Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon; thence South $9°52'30" West, along the Southerly line of said C1-aim, 194.33 feet; thence, .leaving said Southerly line, South 00°47'30" East 30.00 feet to the centerline of East Pine Street for the POINT OF BECIINNTNG; thence, continue South 00°0T30" East 50.40 feet ~ to the Northeast corner of that tract described in Document No. 03-09884, Official Records of said Jackson County; thence, along the. Easterly line of said tract, South 00°07'30" East 1$0.00 feet to the Southeast corner thereof; thence, along the Southerly line of said treat, South 89°52'30" West 166.00 to the Southwest corner thereof; thence, along the Westerly line of said tract, North 00°07'30" West 1$0.00 to the Northwest corner thereof; thence, continue North 00°07'30" West 50.00 to the aforesaid centerline of East Pine Street; thence North 89°52'30" East 166.00 to the Point of Beginning. (Containing 0.877 acre) WHEREAS, the property is not within the City of Central Point's current corporate boundaries, but is contiguous to the City's existing corporate boundary and is within the Central Point Urban Growth Boundary (UGB); and WHEREAS, annexation of the described property is consistent with the City's ability to ~1 provide facilities and services to the real property, as required by the City's Comprehensive Plan; and WHEREAS, after duly considering the annexation ,application, it is the. City Council's deter~minntion that the application does comply with applicable. standards,. criteria;, and .WHEREAS, the-City Adnunistrator, or his designee, shall transmit a=copy of this resolution to the Oregon Secretary of State, and t#uis annexation shall be effective when filed with the :• ~ „ Oregon Secretary of State pursuant to ORS. 222.180; NOW, THEREFORE, Bhp h'T RESOLVED by the City Council of the City of Central Point, Oregon; that property as set forth in Exhibits "A°' and "B", which are attached hereto by reference and incorporated herein, shall be and hereby is, annexed into and made a part of the City of Central Point, Oregon. PASSED by the Council and signed by me in authentication of its passage this ~ day of , 2009. Mayor Hank Williams ATTEST: . City Represents#ive APPROVED by me this day of , 2049. Mayor Hank Williams sa ~XHIB~~' «~~ Commencing at the Southeast corner of Donation Land Claim No. 55 in Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon; thence South 89°52'30" West, along the Southerly line of said Claim, 194.33 feet; thence, leaving said Southerly line, South 00°0T30" East 30..00 feet to the centerline of East Pine Street for the POINT OF BEGINNING; thence, con- tinue South 00°07'30" East 50.00 feet to the Northeast corner of that .tract de- scribed in .Document No. 03-09884, Official Records of said Jackson. County; thence, along the Easterly line of said tract, South 00°0.T30" Eas# ~ 80.00 feet to the Southeast corner thereof; thence, along ttte Southerly line of said tract, Sou#h 89°52'30" West 166.00 to the Southwest comet thereof; thence, along the West- erly line of said tract, North 00°07'30" West 180.00 to the Northwest corner thereof; thence, continue North. 00°07'.30" Wes# 50.00 to the aforesaid centerline of East Pine Street; thence North 89°52'30" East 1fi6.00 to:the Point of Begin- ning. {Containing 0.877 acres} RE`~34STE~RED PRQ~>E3SlDNAC ~i~ND ~.URVEYt7R D Yn, . rn;,r,~, "O R:# G OWN i 1di~ ze »I~ t)11VlD M: t~ttNNFCi Z~49. Expires ~2=3`1-t0 David M. Minneci L.S. 2349 -Oregon Hoffbuhr and Associates, inc. Area of annexation 08-159 November 21, 2008 {AlderwoodLLCanx.doc) ~3 L EXHIBfT° a " ~ ~~~ w ~ ~~~p ~Z a z-~ oo~ ~~ ~_ CO ~ZQ O~ -1,- I N 1 I i I~ .~ I~~ _il~~ _ _ .~ .~ .~~ ~ ~o II 4i ~~ ~~ V \+ ~ ~ ~~ °\~ I- w I ,~ ~~ c ~ L , soao~ ao~e ~ ! w !~ o 0 I _~ ,_~~ _ _ ~ Hammric~C Road ~~~ ~ ~ ~I ~ . ~ ~ ~ N ~ ~~ I ~~ ao ~ ~°'Tti ~ ~ ~ m ~ ~I !~ ~ x~{-~ ~ x ~ ~ s ~- ~I 1~ `~ so3~ -~~~o ~~~~ a0~ ~ I~ ~ W ~ n .,, ~ W ~ ° 0 O ~ © ~ ~ Iw o O O 3r ~~ o ~ ~ n -o ~~ 3 ~~, a ~° .~ ~ ~~ "$ 1Zesolution Vacation of Pedestrian Easement Parks & Recreation Depari~ment Cityof CENTRAL- PAINT C3~ e~;on Matt Samitore, Manager STAFF REPORT DATE: JANUARY 15, 2009 TO; CITY. COUNCIL FROM: MATT SAMITORE, MANAGED SUBJECT: A resolution initiating.proceedings to vaca#e a pedestrian easement located between Mendolia Way and Diego Court SUMMARY: In October Councilman Dingier, Phil Messina and I met with a local group on ,lean Louis Circle to discuss many issues about their particular neighborhood. One of the main items of discussion is a paved pathway that connects Mendolia to Diego Court: The pathway, .when originally constructed, was the only way for pedestrians -and bicyclists to be able to get from Grant Road to Hanley/W. Pine without having to go up to Taylor Road or to Beall Lane. The local neighborhood group would like the pathway to be eliminated and gates be allowed to be pieced over the entrance ways. Their reasoning is that the pathway is not lit and there has been numerous occasions where there has been illegal activity occurring in the pathway as well as liter and lewd acts occurring. The local neighborhood group. signed a petition which has 12 of the 15 homeowners of the subdivisions signature in favor of removing..the pedestrian portion of the easement. The easement itself cannot be eliminated because there is a water line and sanitary sewer line that exist under the pathway. RECOMMENDED MOTION: S#aff recommends approving the resolution allowing staff to prepare a staff report that comparing pros and cons on vaca#ing the easemen# and allowing planning commission to hold a public hearing on the subject. 944 S. Third Sfreet ~ Central Poin#, OR 97542 •549.664.3329 • Fax 549.664.6384 ~G5 RESOLUTION NO. A RESOLUTION SETTING A PUBLIC HEARING AND INITIATING PROCEEDINGS TO VACATE A PEDESTRIAN EASEMENT LOCATED..BETWEEIY MENDOLIA WAY.AND.DIEGO.COURT WHEREAS, the Central Point City Council {the "Council} is authorized under ORS 271.130 to initiate vacation proceedings for a pedestrian easement without a petition or consent of property owners; and WHEREAS, it is the intent of the Council to initiate a vacation of a pedestrian easement located between Mendolia Way and Diego Court as specifically described in attached Exhibit "A"; and WHEREAS, the Council's action to initiate the above described vacation will be accomplished in accordance with ail applicable provisions of ORS 271.130; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Central.Point, Oregon that a public hearing. is set for February 12; 2009 at 7:00 p.m: in the Central Point Council Chambers, City Hall, 140 South Third Street, Central Point to receive public testimony regarding: the vacation and to make a determination regarding ,same. Notice of said public hearing shall be provided in accordance with ORS 271.110. Passed by the Council and signed by me in authentication of its passage this day of 2409. Mayor-Hank-Williams ATTEST: City Recorder Approved by me this day of , 2009. Mayor Hank Williams 68. I~ES~Id>CP'~'Y®l~i SI~I~)G'I' V.a.CA'~1<®lai ®T 20 F~4~T P~DES'I'1tIAiv )EASII'lIViEI~IT All that pedestrian portion of that certain Pedestrian and Public Utility Easerr~ent depicted on Country Meadows- Estates Subdivision, Unit 1, Phase 1, fled -for record December 17, 1998 in Volume 24 of Plats a# Page 48 of records of Jackson County, Oregon and filed as Survey Number 15979 in the office of the Jackson County Surveyor. Said easement located in the Soeathwest One-quarter of Section 10, Township 37 South, Range 2 west of the Willamette Meridian in the City of Central Point, Jackson County, Oregon, said strip more particularly described as follows: The pedestrian portion of the easement to be vacated is a 20 foot wide strip of land between the westerly right-of--way far Diego Court and tl•~e easterly right-of--way for Mendolia Way, both public streets in the City of Central Point, Oregon. The sidelines of said easement are to begin on said westerly right-of--way and terminate on said easterly right-of way. The intent of this document to vacate the pedestrian portion of said ~ easement described hereinabove and associated uses. The Public .Utility Easement, .PUE; portion is to remain in affect. Basis of bearings for this description is the centexIine of )front Street per Suiwey Number 797, as bled in the office of the Jackson County Surveyor. P~PA~~ Boo Neathamer Surveying, Inc. 3132 State Street, Snite 110 PO Box 1584 Medford, Oregon 97501 Phone: (541) 732-2869 Fax: (541} 732-1382 Project Number 09002-A Date: January 14, 2009 R~C~IS~'~l~~~7 F'~(~af=~`~,r~ ~1t~~11L _ ~,.,~. C'i~i=t(31'J JULY t9, i~?3~d [~Oi~E`i~t1' V. ~1=~i i-If~~Efd ~0"/5 RENEWAL: DEC. 31,~~'f ~ ~~ 1 II 4 s s Isvr60,,,cousl,o~o-h..n.a to-n.se _ - _---- ~7 X V ~p yr Ly La.41 ~ 3 µ n 1 6'~' ep 9454 1 p ~ ~ ~ ~LMI Y1 I yl,~'d ~b ~ Co55 ~ ~~ ~ I ys'Y~o-S- YES N . 3~v !~3')•J p5~ ~ f S6£ ~ S4 ~Y'q5 S C1j .~ sL .eL 43 ~i ~ ti R ~~: Ily'. _ A9 3.LS,CY.YS ~` ~ Ya a,ti ~ S'j ~ ,SY•01L 5 Y~ v S N th S ~ 15 ~S~ $n 6 0 os~ 3 1 Y' ~\ I n ~8g ~ '~O~` ~ Y_ a ~ V~ G 1 ,s~l~ s ~ y ~S~ rte' Y ~' - m rn 1 t ~4.~ ~ '3 ~ ~~r ~ z l ~ y ~. 1 ~ w '- 0 x 3 ~ I rrt 4 ~~. N N. 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