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HomeMy WebLinkAboutCAP021209CITY F CEI~'T I~ PINT City C®uncil lVle~tin~ ~~~nda F~brua~°y 12, 2®i79 Central Point Next Res. 1200 City ~-Iail Next Ord. No.1925 b64-3321 City Council Ia GITLAI2 NIEE'TING CALLED T~ ® ER - 7:00 P.M. Nfayor Hank Williams V. C®~TSEN'I' AGEJ~tI)A At LaPge Carol 1~iseher Kay Harrison A. Approval of January 22, 2009, City Council Minutes B. Approval of Don Jones Landscape Bid Award to Krause Administration Landscaping Phil Messina, City Administrator Community VIo ITI+ 1~S ~I~VED EIZ®I~I C~I~SEI~I'I' t$GEIiTD.E~ Development Department Tom Humphrey, Director VII. PUBLIC I-IE NG, ® INAI~CES, ~D S~LUT'I~NS Finance Department Bev Adams, Interim age 1 - 20 A. Resolution No. , A Resolution Authorizing Director the Extension of the Solid Waste Disposal and Landfill Parks and Recreation Capacity Guarantee Agreement With Dry Creek Landfill, Department IriC. (Messina} Matt Samitoxe, Manager Police Department 21 - 3$ B. First Reading - An Ordinance Approving Vacation of a Jon zetiff, Chief Pedestrian Easement Located Between Mendolia Way and Diego Court (Samitore) Public Works Department Bob Pierce, Director VIIL BITSINESS 39 - 45 A. Discarded Vehicle at 1250 Vista Drive (Barnett) 46 B. Planning, Commission Report (~amitore) IX, CIJNCII~ ~IJSII~E~S CI'I'~ NtINI~`I' ~'®I~'~ I'®I~T III. C~ITI~ICII, I~EPI~I~TS VIII. I)I+ I'~.I2TNII+ NT P®I~T~ ~e ,@`i ~ R.1 Y I ~ ~'s. 4~1~~~..0.lAl~ The City Council may adjourn to executive session under the provisions of t)R~ 192.bb0. Under the provisions of the {>regon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XVm AD~Q N'I' ean~sent G~.erzda CITY OF CENTRAL POINT City Council Meeting Minutes January 22, 2009 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingler, Carol Fischer, Kay Harrison, and Matthew Stephenson were present. Mike Quilty was excused. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bab Pierce; Police Chief Jon Zeliff; Interim Community Development Director Matt Samitore; Interim Finance Director Bev Adams; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES -None V. CONSENT AGENDA A. Approval of January 8, 2009, City Council Minutes. B. Acceptance of Second Quarter Financial Statement C. Approval of Leasing City Property on Old Stage Road to Cynthia Lakin Bruce Dingler made a motion to approve the consent agenda as presented. Matt Stephenson seconded. Rolf call: Allen Broderick, yes, Bruce Dingler, 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. Second Reading -Ordinance No. 1924, 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 Interim Community Development Director Matt Samitore explained that there were no recommended changes at the first reading of this ordinance initiating a focal fuel tax. There will be a one month delay in the collection of the funds due to the process through the state. This does not need to be fiscally changed in the ordinance. Central Poinf City Council Minutes January 22, 2009 Page 2 Mayor Williams stated that this is not a public hearing but the Council is interested in public opinion and opened the discussion to the public. Ted Clark -Maple Street Mr. Clark stated that if the Council wants to pay California type taxes they should move back to California. There have got to be other options available, he asked if the other cities in the valley are in favor of this type of tax. John Peacock -Freeman Road Mr. Peacock stated that the sales for the businesses in Central Point will go down if the tax is implemented. Sydnee Dryer -Attorney representing a Central Point Citizen Her clients have asked her to represent them in opposition of this tax. She stated that local jurisdictions have publicly said they are against this type of tax. There is a likely hood the big rigs will go someplace else to get their gas which will cause a hardship on the stations in town. The City should wait until the State figures out what the best approach is. Paul Romain -Portland Attorney for Petroleum Association Mr. Romain stated that the Petroleum Association is working with the State for a gas increase. They are in favor of that increase going to the cities and counties where it belongs. Local gas taxes cut into the income of the stations that have to do the extra paper work. City Councils should keep taxes in the hands of the legislature and out of the hands of the voters. If the Council approves this ordinance it is likely it will go to through the initiative process. Cities and counties are working against the legislature when they pass these types of taxes. Tammy Conn -Rose Valley Drive Ms. Conn stated that she is against the fuel tax and would be the chief petitioner of the referendum if the Council approves the ordinance. She presented a stack of letters with signatures against the tax. Lynette Bristow -Central Point PO Box Ms. Bristow presented a stack of papers signed by people against a fuel tax. John Watt -Medford/Jackson County Chamber Representative Mr. Watt stated that the chamber is interested in fixing Oregon roads and gutters. They have been working with the state and counties to get funds to help the cities fix local streets. The State now has strong new legislators who are willing to work with the Cities and Counties on this issue. He asked the Council to postpone this local tax until June 15`h and let representatives work with the State. Brad Hicks, President/CE0 of Medford/Jackson County Chamber Mr. Hicks serves as Chair on TRADCO. They understand the issues the cities are facing. He believes the state will increase the tax to help the cities. The Chamber voted to oppose a local fuel tax in Central Point. The timing for this type of tax is bad. He asked to give the legislature time to work on this issue. Central Point Czty Council Minutes January 22, 2009 Page 3 Lee Hamilton - Manzanita Street Mr. Hamilton feels it is unfair for the Council to pass a local tax without a vote of the citizens. Rick Samuelson -Central Point Florist Mr. Samuelson stated that this will affect the local businesses in town that rely on the local stations for their fuel needs. Mayor Williams closed the open discussion. Mr. Samitore explained to the Council the background and discussions that have led to this decision. The city would rather see a regional or state fix, but they do not believe it will come in a timely manner. There was discussion that if the state does increase the state tax the Council could always amend the ordinance accordingly. There was discussion regarding the cost of a vote and how a fuel tax will affect the local businesses. Jackson County should be held accountable for the streets they own in the cities. Kay Harrison made a motion to approve Ordinance 1924, 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. Matt Stephenson Seconded. Roll call: Allen Broderick, no, Bruce Dingler, yes; Carol Fischer, no; Kay Harrison, yes; and Matt Stephenson, yes. Motion Failed. City Attorney Doug Engle explained that the motion fails because three is not a majority of the six Council members present. B. Resolution No. 1197, 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 36CD, Tax lots 300, 400, 500, 1000, and 2400, 37 2W 01BA Tax Lot 600, Into the City of Central Point, Oregon Mr. Samitore explained this is an annexation of six tax lots at the request of the property owners. This property is located west of Vilas Road and east of Table Rock. All property owners are in favor of the annexation. All annexation criteria have been met. Matt Stephenson made a motion to approve Resolution No. 1197, 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 36CD, Tax lots 300, 400, 500, 1000, and 2400, 37 2W01 BA Tax Lot 600, Into the City of Central Point, Oregon. Bruce Dingler seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt Stephenson, yes. Motion approved. C. Resolution No. 1198, Declaring the Annexation of 0.877 Acres of Land Located South of East Pine Street, Identified on Jackson Central Point Cift~ Couneal Minutes ]anuar~ 22, 2009 Page 4 County Assessor's Map as 37 2W 01C Tax Lot 3000, Into the City of Central Point, Oregon Mr. Samitore stated this annexation is at the request of the property owners and meets all required annexation criteria. The requested annexation is one tax lot located at 1860 E. Pine Street. Matt Stephenson made a motion to approve Resolution No. 1198, 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 01C Tax Lot 3000, Into the City of Central Point, Oregon. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt Stephenson, yes. Motion approved. D. Resolution No. 1199, Setting a Public Hearing and Initiating Proceedings to Vacate a Pedestrian Easement Located Between Mendolia Way and Diego Court Mr. Samitore stated that at a Ward I meeting in October neighbors requested the City vacate a paved pathway that connects Mendolia to Diego Court. The proposed resolution initiates the proceeding so that staff can research and return to Council. When the pathway was constructed it was the only way far pedestrians and bicyclists to get from Grant Road to Hanley and West Pine without going all the way to Taylor or Beall Lane. They are concerned that the path is not lit at night and there have been numerous occasions where there has been illegal activity on the pathway. Mayor Williams opened the discussion up to the public Sheila Hagadone -Mendolia Way Ms. Hagadone stated that 15 of her neighbors have signed a petition recommending the vacation of the pathway. She stated that her property is adjacent to the path. There has been trash and other things thrown in her yard, people walk their animals through and do not pick up their mess. She is afraid at night because it is not lit and people have hidden in the shadows in the past. Kyle Jensen -Jean Louise Circle Mr. Jensen stated that he has had abreak-in at his home recently. The path is a perfect escape route for criminals. It is a safety issue for the neighborhood. Ann Marie Conine -Mendolia Way Ms. Cottine stated that her property is next to the path. It bothers her at night when she hears noises in that area. There is trash that gets thrown into her yard from people using the path. Matt Stephenson made a motion to approve Resolution No. 1199, Setting a Public Hearing and Initiating Proceedings to Vacate a Pedestrian Easement Located Between Mendolia Way and Diego Court. Kay Harrison seconded. Central Point Cih~ Cou~~cil Minutes Januari~/ 22, 2009 Page 5 Roll call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Kay Harrison, yes; and Matt Stephenson, yes. Motion approved. VIII. COUNCIL BUSINESS Council Member Matt Stephenson stated that it may be appropriate to revisit the fuel tax issue after the legislature has had a chance to visit the issue. He does not have much faith that they will do anything, but it will show good will on the side of the City. Council Member Allen Broderick would like to contact the County and try to get them to fix the streets that belong to them in the City limits. City Attorney Engle will research when the Council can revisit this issue. IX. MAYOR'S REPORT Mayar Williams reported that he will be attending Mayor's Day at the Capital with City Administrator Phil Messina. They plan to have one on one time with local representatives. X. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: • He will be driving to Salem with the Mayor for Mayor's Day at the Capital. • He attended the Central Point Chamber Board meeting. • City Staff had their annual awards lunch. The employee of the quarter is Debbie Dunlap, and the employee of the year is Detective Kris Allison. XL COUNCIL REPORTS Council Member Matt Stephenson reported that he attended the Medford Chamber Forum. Council Member Carol Fischer reported that she attended the GREAT Graduation at Scenic Middle School. Council Member Kay Harrison reported that: • she attended the Fair Board Meeting. • she attended the RVSS Board meeting where they decided against collecting a franchise fee. • She attended the Awards Lunch at City Hall. Council Member Allen Broderick reported that he attended the Awards Lunch at City Hall. XII. DEPARTMENT REPORTS Public Works Director Bob Pierce reported that: Central Point Cihj Council Minutes January 22, 2009 Page 6 • The City has located alternative sites for sandbag preparation and distribution in case of a flooding event. • The lawsuit regarding the sidewalk trip hazard may go to trial in October. • The tree trimming program has begun. Interim Finance Director Bev Adams reported that Budget meetings will be scheduled for April. Interim Community Development Director Matt Samitore reported that: • he has received some feedback from Planning Commission members regarding the motion made by Council on January 8, 2009. • He would like to know who the Council representative will be for the Parks and Recreation Commission. Allen Broderick stated that he would be willing to be on that Commission. • The bids will be closing for the landscape proposals for Don Jones Park. Staff will return at the first meeting in February with an award recommendation. Police Chief Jon Zeliff reported that: • Scenic Middle School had their first GREAT Graduation. • Nicki Peterson is the new Police Office Specialist in the Police Department. • Several blight houses in town are in the process of being removed or corrected. • There was a traffic enforcement effort with high school students. 21 students were cited over two days. Staff will be working with parents and students on this issue. XII1. EXECUTIVE SESSION -None XIV. ADJOURNMENT Kay Harrison moved to adjourn, Matt Stephenson seconded, all said "aye" and the Council Meeting was adjourned at 8:42 p.m. The foregoing minutes of the January 22, 2009, Council meeting were approved by the City Council at its meeting of February 12, 2009. Dated: ATTEST: Mayor Hank Williams City Recorder Parks/Recreation Department Matt Samitore, Manager STAFF REPORT DATE: FEBRUARY 5, 2009 T®: HONORABLE MAYOR AND CITY COUNCIL FROM: MATT SAMITORE, MANAGER SUBJECT: DON JONES MEMORIAL PARK LANDSCAPING AND IRRIGATION SUMMARY: Bid documents for the construction of the Don Jones Memorial Park Landscaping and Irrigation were opened on Thursday, January 29, 2009. The City received nine bids (Below) ranging in price from $149,477 to $223,200. The low bid was presented by Gary Krause Landscaping. Staff feels that the low bid accurately portrays the true cost of construction, and is recommending that the City Council, acting as the City's Contracting Board, authorize staff to enter into a contract with Gary Krause Landscaping to construct Don Jones Memorial Park Landscape and Irrigation. . RECOMMENDATION: Staff recommends City Council approve the low bid to Johnny Cat Incorporated. Bidders Base Bid Add Alternative Total 'Krause Landscape 132664.83 16818 $149,477.83 'Mountain View 146868 23172 $170,040.t~0 'Overstreet 139825.95 32625 $172,45t~.95 'Johnny Cat 166179.6 25915 $192,t~94.6Q '~..;Taylor~ite Development 184642..5 13552 $198,154.5t~ Wet n Wild 165845 33544 $199,385,44 Canyon crest 182594 27841 $214,431.44 "'Professional Landscapes 1972(~t~ 23~C}0 $218,~C}t~.C~C} Devin Rase const. 242244 31444 $233,244.44 140 S. Third Street ~ Central Point, OR 97502 ~ 549.664.3329 ~ Fax 541.664.6384 J2e~a.~ctiar2 £~te`r~ioaz o.~ ~'~~~ -. E~'~"` Administration Department r~ P1 tVT Phil Messina, City Administrator ta, 1- 1 V Deanna Casey, City Recorder TO: Honorable Mayor and City Council FROM: Phil Messina, City Administrator SUBJECT: Extension of Agreement with Dry Creek Landfill, Inc. DATE: February 12, 2009 SUMMARY: The. City has had a agreement with Dry Creek Landfill Inc. originally signed in February 1997 that Ensures longterm disposal capacity for the City's solid waste. The current agreement does not expire until Januaryl, 2029, glowever, per the terms of the agreement Dry Creek Landfill can request an extension of the agreement "far an additional ten (10) year period." Dry Creek Landfill is requesting. a ten year extension to the agreement to January 1, 2039. PURP®SE These are Dry Creek's reasons for the agreement extension: 1) The extended period allows the company to get better financing for capital investment when planning, the construction of new cells. 2) A longer term of agreement helps in amortizing capital costs. 3) If for any unseen reason, if there were regulatory changes on solid waste disposal from the State or Federal government, Central Point would still be guaranteed landfill capacity up to the year 2039. CAPACITY Dry Creek Landfill estimates that they have another 75 years of capacity at today's volumes and recycling rate. ®PTIONS When I asked whether there were any options for the city to use another landfill Dry Creek sent me the following. informatian: ~J J o~- Dry Creek Landfill Page 2 Jackson County .required Dry Creek to do a rate analysis. in the summer of 2008. The following alternatives were listed: Anderson CA; ~SS.22 per ton Crook County ~SS.34 per ton Dry Creek $41.00 per ton APPROVALS The following entities have approves this extension: Jackson County; Medford; Talent; Shady Cove; Ashland; Jacksonville and Phoenix are currently processing the request for extension. RECOMMENDATION: Motion to approve Resolution # , Authorizing the extension of the Solid Waste Disposal and Landfill capacity Agreement between the City of Central Point and Dry Creek landfill, Inc. to January 1, 2039. ;; ~. . Final Draft -January 31, 1997 SOLID WASTE DISPOSAL AND LANDFILL CAPACITY GUARANTEE AGREEMENT BETWEEN CITY OF CENTRAL POINT, OREGON ANI.I DRY CREED LANDFILL, INC. ,~ ~~~, r 3 SOLID WASTE DISPOSAL AND LANDFILL CAPACITY GUARANTEE A SENT THIS SOLID WASTE DISPOSAL AND LANDFILL CAPACITY GUARANTEE AGREEMENT (this "Agreement") is made and entered into this (~ ~- day of ~~'~u-r 1997 between THE CITY OF CENTRAL POINT, a political subdivision of the state of Oregon {the "City") and DRY CREEK LANDFILL, INC., an Oregon corporation ("DCL"). RECITALS A. DCL is the owner and operator of a solid waste disposal facility in Jackson County (the "Disposal Site") which holds all required permits, including an Oregon State Department of Environmental Quality ("DEQ") solid waste disposal facility permit, and complies with the requirements of all applicable governmental agencies and meets all current and reasonably anticipated state and federal design and performance standards. DCL operates the Disposal Site pursuant to a Solid Waste Disposal Franchise Agreement dated October 25, 1996, 1996 entered into with Jackson County, Oregon (the "County") (the "Franchise Agreement"). C. In order to insure long term disposal capacity for Covered Waste (as herein defined) at the least cost, DCL requires a predictable and optimum waste stream, and the City desires to have the agreements set forth herein in order to obtain the benefits of a guarantee of disposal capacity availability at the. Disposal Site at an agreed upon tip fee. NOW THEREFORE, under the terms and conditions set forth herein, the City and DCL hereby enter into to this Solid Waste Disposal and Capacity Guarantee Agreement: A. "Acceptable Waste" means any and all waste that is "Solid Waste" as defined herein (but is not Unacceptable Waste as defined herein) and which, in compliance with governmental licenses and permits in effect, may be disposed of at the Disposal Site. B. "Beneficial Use Waste" shall mean any Solid Waste that is used or reused in lieu of other materials in the construction or operation of the Dispasal Site or any ancillary facilities, including but not limited to road construction, landscaping, soil amendment, disposal cell construction, leachate or landfill gas management, daily, interim or final landfill cover material, all as may be approved by DEQ. Solid Waste beneficially used or reused as described above shall not be considered "disposed" at the Disposal Site for purposes of this Agreement. C. "Cell Two" means the first lined cell to be constructed at the Disposal Site. 2 ~~ ~ D. "Covered Waste" means any Acceptable Waste that is generated within the jurisdictional boundaries of the City and that is collected by any Commercial Hauler. E. "Commercial Hauler" means an entity that is licensed, permitted or franchised by the City to collect and transport to the Disposal Site City Waste. F. "County" means the municipal corporation for the geographical area comprising the County of Jackson, Oregon. G. "County Disposal Agreement" means the Solid Waste Disposal and Landfill Capacity Guarantee Agreement dated as of October 25, 1996 entered into by and among DCL and the County, as the same may be amended, modified or supplemented from time to time. H. "County Franchise Agreement" means the Solid Waste Disposal Franchise Agreement dated as of October 25, 1996 entered into by and among DCL and the County, as the same may be amended, modified or supplemented from time to time. I. "County Tipping Fee" shall have the meaning assigned thereto in the County Disposal Agreement. J. "CPC Surcharge" shall have the meaning assigned thereto in the County Dispasal Agreement. K. "DEQ" shall mean the Oregon Department of Environmental Quality. L. "Disposal Site" shall mean the Dry Creek Landfill operated by DCL and located within Section 1, Township 37 South, Range 1 West, Jackson County, Oregon. M. "Disposal Site Permit" shall mean the Solid Waste Disposal Permit No. 190 issued for the Disposal Site by DEQ dated July 11, 1995, as may be renewed or revised from time to time. N. "Effective Date" shall mean the date.. of the duly authorized execution and delivery of this Agreement by DCL and the City, on which date this Agreement becomes effective. O. "Force majeure" means acts of God, landslides, lightning, forest fires, storms, floods, freezing, earthquakes, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, materials or equipment shortage (but not including a shortage of Solid Waste), or damage to or destruction of the Disposal Site or Facilities as a result of events described herein or other similar causes which are not reasonably within the control of the party whose ability to perform under this Agreement is impaired, prevented, hindered or delayed by the Force Majeure event. A Force Majeure event shall not include damage to or destruction of the Disposal Site or 3 Facilities when the damage or destruction is caused by any of the following events: operational error, design defects in the facilities, lack of preventative maintenance, or negligent operation. P. "Hazardous Waste" shall have the meaning set forth in ORS 466.005(7), or any successor thereto, and/or matter that is required to be accompanied by a written manifest or shipping document describing the waste as "hazardous waste" or "dangerous waste," pursuant to any state or federal law, including but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., and the Hazardous Waste Management Act, Chapter 466 ORS, as amended, and the regulations promulgated thereunder. Hazardous Waste shall not include incidental Household Hazardous Waste or Small Quantity Generator Waste which is commingled with Solid Waste. Q. "Initial Site Improvements" means the various improvements to the Disposal Site (other than Cell Two) to be made at the same time as the construction and development of Cell Two. R. "Household Hazardous Waste" means Household Hazardous Waste as such term is defined in 40 CFR 261.5. S. "Load" shall mean the Acceptable Waste delivered to the Disposal Site in a single shipment by a single vehicle. T. "Minimum Charge" shall mean a per Load charge established from time to time by DCL and approved by the County pursuant to the County Disposal Agreement as the minimum charge for Acceptable Waste (other than Special Waste) delivered to the Disposal Site. U. "Solid Waste" means all putrescible and non-putrescible wastes, whether in solid or semi-solid form, including but not limited to: garbage, trash, rubbish, refuse, ashes, paper, cardboard, commercial and industrial wastes; demolition and construction wastes; manure, vegetable or animal solid or semi-solid wastes including yard debris, and dead animals; medical and infectious waste as defined in ORS 459.386 and OAR 340-93-030(42) and (52); all wastes capable of being recycled that are commingled with other wastes; incidental Household Hazardous Waste or Small Quantity Generator Hazardous Waste; and Special Waste, as defined herein. The term "Solid Waste" shall not include Hazardous Waste. V . "Small Quantity Generator Waste" means Small Quantity Generator Waste as such term is defined in 40 CFR 261.5. W. "Special Waste" shall mean: (i) Beneficial Use Waste, and (ii) Acceptable Waste resulting from an industrial, agricultural, manufacturing, demolition or construction operation or process, or waste which requires special handling or extraordinary management at the Disposal Site, including, without limitation, asbestos, contaminated soil, non-hazardous contaminated materials, sewage sludge, septic tank and cesspool pumpings or other sludge, containerized ash, box springs, mattresses, stumps, wire, tires, or bulk tanker waste, waste from 4 J1W pollution control processes, waste containing free liquids and other wastes that may be covered by a Special Waste Handling Plan for the Disposal Site as approved by DEQ in accordance with the Disposal Site Permit, or any other waste of a character that is significantly different from general mixed residential Solid Waste and that is produced by the commercial, industrial or agricultural operations of a single generator in sufficient quantities to be handled or disposed of by DCL under a specially negotiated contract. X. "Term" shall mean the term of this Agreement as set forth in, and as the same may be extended from time to time as provided in, Section 2 hereof. Y. "Unacceptable Waste" shall mean any and all waste that is either: 1. Waste which is prohibited from being received at the Disposal Site by state, federal or local law, regulation, rule, code, ordinance, order, permit or permit condition; or 2. Hazardous Waste as defined above. Z. "Uncontrollable Circumstances" shall mean (a) any event reasonably beyond the control of DCL that restricts or substantially affects the ability of DCL to treat landfill leachate by means of evaporation at the Disposal Site, (b) an unanticipated decrease or increase of more than 15% in the annual volume of Acceptable Waste delivered to the Disposal Site for disposal, which causes a substantial distortion in DCL's operating or capital costs, or (c) a Force Majeure event. 1. Disposal and Capacity Guarantee; Flow Reports; Reserved Capacity Reports. 1.1 Disposal and Capacity Guarantee. During the Term of this Agreement: (A) the City agrees that, to the full extent it is within its lawful powers to do so, it will cause all Covered Waste to be disposed at the Disposal Site; and (B) DCL agrees that it will maintain sufficient capacity at the Disposal Site for all Covered Waste. 1.2 Reserved Capacity Reports. On a periodic basis not to exceed every other year during the Term, DCL shall provide to the City engineering reports, computer data or photographic mapping materials as necessary to verify that remaining capacity is available at the Disposal Site to meet the requirements of Section 1.1 of this Agreement. 5 2. Term; Right To Suspend If Cell Two Financing Not Available. 2.1 The term of this Agreement shall commence on the Effective Date and, unless sooner terminated in accordance with the provisions of this Agreement, shall continue in full force and effect until the earlier to occur of: (i) January 1, 2029 (as the same may be extended from time to time as provided herein, the "Scheduled Termination Date"); or (ii} DCL is no longer licensed or permitted to operate as a Solid Waste landfill by the DEQ or any successor regulatory agency with jurisdiction over the permitting or licensing of Solid Waste landfills for the State of Oregon. During the -sixty (60)- day `period ° prior to° each °Extension Date (as hereinafter defined), DCL, and .the -City shall have -the option #0 4extend the Scheduled Termination Date for.an additional -ten (10)~ year period .beyond .the -then current Scheduled Termination Date, which option shall be set forth in a letter agreement signed by the City and DCL.- ~As used herein, the term° "Extension Date" shall mean: (a) January 1, 2009; and (b) each tenth (1Qth)-annversary~of January'l, 2009: Notwithstanding anything expressed or implied herein to the contrary, DCL shall have the right to suspend the effectiveness of this Agreement if, by March 1, 1998, DCL is unable to secure financing on reasonable terms for the costs of Cell Two and the Initial Site Improvements following a good faith effort to secure such financing. Such right of suspension shall be exercised by DCL giving written notice thereof to the City. Upon exercise of such right of suspension and until such suspension is ended as provided below, this Agreement and all obligations hereunder shall be of no farce or effect. Any such suspension shall cease at such time as Cell Two is developed and capable of receiving Solid Waste for disposal, whereupon this Agreement shall be reinstituted and shall thereafter be in full force and effect as if such suspension had nat occurred. During any period of suspension under the terms of this Section 2.1: (i) DCL shall guarantee capacity for the disposal of Covered Waste at its Dry Creek Landfill Cell 1, or South Stage Landfill, so long as such disposal is permitted in accordance with law; and (ii) the Tipping Fee for Solid Waste disposed during the suspension period as described in (i) above shall be the Tipping Fee established in accordance with Section 3.1.1.A of the County Disposal Agreement. 3. Disposal Fees. 3.1 Tipping Fees. During the Term of this Agreement, DCL shall charge the Commercial Haulers the County Tipping Fee for the disposal of Covered Waste (other than Special Waste) at the Disposal Site. In addition, during the Term of this Agreement, DCL shall charge the Commercial Haulers a Tipping Fee for Special Waste in accordance with the County Disposal Agreement. 6 DCL and the City acknowledge and agree that the County Tipping Fee has been established pursuant to, and shall be adjusted and revised from time to time in accordance with, the terms and conditions of the County Disposal Agreement. The County Tipping Fee applicable at any time for purposes of this Agreement shall be the County Tipping Fee applicable at that time under the County Disposal Agreement and shall automatically change as and when the County Tipping Fee is adjusted or revised pursuant to and in accordance with the County Disposal Agreement. In addition to the County Tipping Fees, for all Covered Waste disposed of at the Disposal Site, DCL shall also collect, for and on behalf of the County, the CPC Surcharge. The CPC Surcharge shall be in the amount established from time to time by the County in accordance with the terms and provisions of the County Disposal Agreement. 4. Allocation of Risk/Uncontrollable Circumstances. 4.1 Uncontrollable Circumstances. The obligations of DCL and the City under this Agreement are subject to Uncontrollable Circumstances that necessarily and unavoidably may prevent performance of disposal obligations hereunder. Provided that the requirements of this Section 4 are met, neither party hereto shall be considered in default in the performance of its obligations under this Agreement to the extent that such performance is prevented, hindered or delayed by the occurrence of an event of Uncontrollable Circumstances. DCL and the City agree that no other events however catastrophic or uncontrollable shall excuse nonperformance of either party of its obligations under this Agreement and no events within the control of the parties, including breakage or accidents to machinery, equipment or other facilities, shall excuse nonperformance of the parties' obligations under this .Agreement. 4.2 Notice of Uncontrollable Circumstances; suspension of Performance. If, as a result of an event of Uncontrollable Circumstances, either DCL or the City is wholly or partially unable to meet its obligations under this Agreement, then the affected party shall give the other party prompt notice of such event, describing it in reasonable detail. The obligations under this Agreement of the party giving the notice of the event of Uncontrollable Circumstances shall be suspended, other than for payment of monies due, but only with. respect to the particular component of obligations affected by the event and only for the period during which .the event of Uncontrollable Circumstances exists. The affected party shall use due diligence to resume performance at the earliest practicable time and shall notify the other party when the effect of the event has ceased. 4.3 Right to Resolve Certain Force Majeure Events. Notwithstanding anything to the contrary expressed or implied herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances, and litigation, including appeals, shall be entirely within the discretion of the particular party involved therein, and such party may make settlement thereof at such time, and on such terms and conditions as it may deem to be advisable, and no delay in making such settlement shall deprive such party of the benefit of this Section 4.4. 7 S. Amendments. This Agreement may only be amended by a written agreement executed by the City and DCL. 6. Events of Default. Except as otherwise provided in this Agreement, each of the following shall constitute an event of default {"Event of Default") hereunder: 6.1 I~loncompliance with Covenants. The failure of DCL or the City to comply with any of their respective covenants contained herein after sufficient notice from the other party and the expiration of opportunity to cure as provided in this Section. For purposes of this Agreement, DCL shall not be considered in breach or default if it is in timely compliance with any regulatory order, including but not limited to any preliminary assessment, remedial investigation, remedial action or corrective action or any legal appeal or review of such orders or requirements. 6.2 Insufficient Capacity. Except as may arise or result from an occurrence of an Uncontrollable Circumstance, the failure to provide disposal capacity pursuant to Section 1.1.1(B) of this Agreement. 6.4 Seizure or Attachment. Seizure or attachment (other than a prejudgment attachment} of, or levy affecting possession on, the operating equipment of DCL at the Disposal Site, including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as to impair DCL's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within .forty-eight (4$) hours excluding weekends and holidays. 6.5 Insolvency. The occurrence of any of the following: (a) The filing by DCL or the City of a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or if DCL or the City shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a party of a transfer of equipment no longer useful}, trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of DCL or the City for any substantial part of DCL's or the City's property, or the making of any general assignment for the benefit of DCL's or the City's creditors, or the failure of DCL or the City generally to pay their respective debts as they become due or the taking of any action in furtherance of any of the foregoing; or (b) The entry of a decree or order by a court have jurisdiction for relief in respect of DCL or the City, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or consent by DCL or the City to or 8 ~. failure by DCL or the City to oppose any such proceeding, or the entry of a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator {or similar official) of DCL or for any part of DCL's or the City's assets, or order the winding up or liquidation of the affairs of DCL or the City. 6.6 Failure to Deliver Covered Waste. The failure by the City to use its full legal powers and authority to cause to be delivered to the Disposal Site all Covered Waste as contemplated by Section l . l . l (A} of this Agreement. 7. Notice of Default and Opportunity to Cure. If at any time either party determines or becomes aware that the other party is in default of any of the terms or provisions of this Agreement, the non-defaulting party shall transmit a written notice to the other party as to the nature of such default. Unless the default involves the failure to pay any amounts due under this Agreement (for which the defaulting party shall have ten { 10) days to cure such default), the defaulting party shall have thirty (30) days from the receipt of said notice to commence actions to cure said default and a reasonable period of time to cure. If the defaulting party fails to cure the default within a reasonable period of time the non-defaulting party may pursue all remedies set forth in Section 10. Notwithstanding the foregoing, either party hereto may submit to arbitration any dispute or alleged default hereunder pursuant to the provisions of Section 15 of this Agreement. 8. Remedies. Upon the occurrence of an Event of Default and following notice and an opportunity to cure under Section 9, the non-defaulting party shall be entitled to one of the following remedies: 8.1 Termination of this Agreement. In addition to any other remedies the non- defaulting party may have hereunder or at law or in equity, the non-defaulting party shall have the right, upon the occurrence of an Event of Default hereunder, to .terminate this Agreement upon ninety (90) days written notice, subject only to the right to submit the matter to arbitration for resolution pursuant to Section 15. 8.2 Other Remedies. Pursue such other remedies as may be available at law or in equity, including but not limited to specific enforcement of the defaulting parties covenants and undertakings as set forth herein. 9. Assignment; Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the parties hereto; provided that no assignment of this Agreement by either party shall be binding upon the other party unless such other party consents to the assignment, which consent shall not be 9 ~. unreasonably. withheld. The party seeking to assign this Agreement shall provide the other party with written notice and a true copy of the assignment. No assignment shall be valid and binding which endeavors to relieve the assigning party of any obligations to make payments hereunder which accrued prior to the date of assignment or in which the assignee does not affirmatively agree, in writing, to assume all obligations of the assignor under this Agreement. 14. Intended Beneficiaries. This Agreement is made by and intended for the benefit of DCL and the City (together, with their legal successors and assignees, the "Express Parties"). No person other than the Express Parties shall be considered to be an intended beneficiary or third-party beneficiary of this Agreement, or entitled by virtue of this Agreement to bring any claim, action or suit for damages hereunder or for the enforcement of any of the provisions hereof against either of the Express Parties, or their agents, officers, directors or employees. 11. Waiver. No waiver by either party of any one or more defaults or breaches by the other in the performance of this Agreement shall operate or be construed as a waiver of any future defaults or breaches, whether of a like or different character. 12. Entire Agreement. This Agreement shall represent the entire understanding between the parties and, unless set forth in this Agreement, no representations, statements or agreements, unless agreed to by the parties in writing, shall modify, change, amend or otherwise affect the obligations undertaken in this Agreement. 13. Change in LawlRegulations; County Solid Waste Code. This Agreement is subject to all present and future valid laws and lawful orders of all regulatory bodies. Should either of the parties, by force of any such law or regulation, at any time during the term hereof, be ordered or required to do any act relative to this Agreement which substantially impairs or materially .changes the party's ability to perform under this Agreement, then the affected party shall notify the other party of this condition. The parties shall negotiate in good faith in order to determine how this Agreement may be amended or modified in order to enable the parties to perform their respective obligations. if the parties are unable to agree upon such modifications or amendments, the matter shall be submitted to arbitration for resolution in accordance with Section 15 of this Agreement. Nothing in this Agreement shall prohibit either party from obtaining or seeking to obtain modification or repeal of such law or regulation or restrict either party's right to legally contest the validity of such law 10 ~. ~ or regulation. DCL shall not be considered in breach of this Agreement during such time as DCL is contesting or appealing any notice of violation, ordinance, rule, regulation or law. 14. Notices. All notices required under this Agreement shall be personally delivered, or delivered by facsimile transmission or telecopy confirmed by phone followed by first-class mail, postage prepaid, or delivered by certified or registered mail, postage prepaid as follows: If to the City, address to; City Administrator City of Central Point City Hall 155 S 2nd Central Point, OR 97502 FAX Number: {541) 664-6384 If to DCL, address to: Dry Creek Landfill, Inc. Attention: President 135 West Main Street Medford, OR 97501 FAX Number: (541) 779-436b or to such other address as any party shall specify by written notice so given, and shall be deemed to have been given as of the date so delivered personally, or by facsimile or telecopy if confirmed by phone and mailing as provided above, or three {3) days after the date that a certified or registered transmission is deposited in the U.S. mail. 15. Dispute Resolution. 15.1 Continued Performance. In the event of a dispute arising under this Agreement the parties shall continue performance.. of their respective obligations under this Agreement and shall attempt to resolve such dispute in a cooperative manner. 15.2 Arbitration. 15.2.1 Scope of Arbitration. Any dispute between the parties relating to this Agreement shall be decided by arbitration and not by lawsuit; provided that in the event of a lawsuit involving the City or DCL and a third .party concerning the subject matter of this Agreement, or any provision hereof, nothying in this Agreement shall prevent joinder of the absent party (that is, the City or DCL, as the case may be) as a party to such lawsuit if such 11 1 joinder would be needed for just .adjudication under the civil procedure rules of the court before which such lawsuit is pending, and in the event of any such joinder any dispute between the City and DCL arising under this Agreement as a result of such lawsuit may be finally decided therein. 15.2,2 Bound Parties.- As used in this Agreement, "Bound Parties" means DCL, the City, all persons .claiming to be third-party beneficiaries of this Agreement, and all successors, heirs, assigns or legal representatives of the foregoing. This Section 15 shall be binding upon all Bound Parties and, except as set forth in the provision in Section 15.2.1 above, all disputes between Bound Parties shall be arbitrable among the Bound Parties even if other people are involved in the disputes. 15.2.3 Venue and Jurisdiction. Unless all the parties to an arbitration consent in writing to a different place, the arbitration hearings and the place of entry of the award shall be Jackson County, Oregon. The parties to this Agreement consent to exclusive jurisdiction in the state and federal courts in Jackson County, Oregon for any allowable judicial proceeding relating to any arbitration under this Agreement. 15.2.4 AAA Administration and Rules. The arbitration shall be administered by the American Arbitration Association ("AAA") under the Rules for Commercial Arbitration of the AAA as modified by this Agreement. 1 S.2.S Joinder and Consolidation. Except as stated below in Section 15.2.6, the arbitrators may allow any Bound Party against whom an arbitration claim is brought under this Agreement to join any other Bound Party in that arbitration and arbitrations may be consolidated for any or all purposes. 1S.2.b Exceptions to Joinder and Consolidation. No Bound Party may, without its consent, be made a party to an arbitration in which, because of the agreement of the other parties to the arbitration, venue has been varied from that required by Section 15.2.3. 15.2.7 Arbitrators; Hearing by Arbitrators. The arbitration shall be conducted by a panel of three neutral arbitrators selected as follows: Within ten days from the date upon which either party invokes the right to arbitration under this section, the City and DCL. shall each select one arbitrator, and within ten days of such selections the two arbitrators so selected shall select the third arbitrator. The panel of arbitrators shall hear the matter within 30 days of the selection of the third arbitrator and shall render their decision within thirty days of the close of such hearing. 15.2.8 Interest. All monetary awards bear post-award and post-judgment interest on the award at the Oregon statutory rate for post judgment interest. The arbitrator may, in the arbitrator's sole discretion, include pre-award interest at that rate for any award. 12 i 15.2.9 Finality. The arbitration award shall be final and binding, and shall not be reviewable in any court on any grounds except corruption or fraud of a party, or for evident partiality or corruption of the arbitrator. The parties intend to eliminate all other court review of the award and arbitration proceedings. 15.2.10 Entry of Judgment. Judgment on the award may be entered in any court with jurisdiction. 15.2.11 Litigation as a Breach. Except for a proceeding to enforce, confirm, vacate or modify any award, the initiation of any suit relating to a dispute that is arbitrable under this Agreement is a material breach of this Agreement. 15.2.12 Confidentiality, Except as necessary in a judicial proceeding allowable under this Section or otherwise required by law or legal process, the parties shall keep all matters relating to any arbitration confidential. 16. Indemnity. 16.1 Indemnity by DCL. DCL shall defend, indemnify and hold harmless the City and its employees, agents, appointed and elected officials, from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including attorneys' fees, which any or all of them may hereafter suffer, incur, be responsible for or pay out as a result of personal injuries, property damage, or contamination of or adverse effects on the environment, to the extent directly or indirectly caused by, or arising from or in connection with the breach of any representations and warranties of DCL set forth in this Agreement, or any actions or omission ' of DCL, its employees, officers, owners, directors, agents or subcontractors, in the performance of this Agreement, or the operation, closure and/or post-closure of the Disposal Site. Such indemnity shall be limited to exclude liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses or attorney fees to the extent that they arise as a result of any negligent or intentional actions or omissions of the City or its employees, agents, subcontractors or appointed or elected officials. 16.2 .Indemnity by City. The City shall defend, indemnify and hold harmless DCL, its employees, officers, owners, directors, agents and subcontractors, from and against any and all liabilities, penalties, .fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including attorneys' fees, which any or all of them may hereafter suffer, incur, be responsible for or pay out with respect to claims by third parties for personal injury, property damage or other loss not :,aused by pollution, contamination or release of chemicals or landfill gas arising from operations of the Disposal Site, to the extent directly or indirectly caused by, or arising from or in connection with the actions or omissions of the City, or its agents, employees, subcontractors, appointed and elected officials. Such indemnity shall be limited to exclude liabilities, penalties, fines, forfeitures, demands, claims, 13 1 causes of action, suits, judgments and costs and expenses or attorney fees to the extent they arise as a result of any negligent or intentional actions or omissions of DCL or its employees, agents, subcontractors, officers, owners or directors; nor shall such indemnity include claims arising as a result of any regulatory oversight responsibility of the City or its agents, employees, subcontractors or appointed and elected officials. 16.3 Defense. In the event of any suit against any party indemnified under this section, the indemnifying party shall appear and defend such suit provided that the indemnifying party is notified in a timely manner of the suit. The indemnified party shall have the right to approve counsel chosen by the indemnifying party to litigate such suit which approval shall not be unreasonably withheld. In the event a dispute exists over whether a party is entitled to indemnification, each party shall defend itself until the dispute is resolved. Upon resolution of the indemnification dispute, the prevailing party shall be entitled to indemnification for its defense costs incurred prior to resolution. 16.4 Application of Insurance. If any claims indemnified against under this Section 16.2 have the potential for coverage under any insurance, then the indemnities set forth in this Agreement shall be limited as follows: (a) The indemnity under this Section 16.2 shall apply only to the extent the amount of any indemnified claim exceeds all amounts collectable under any insurance covering such claim. Before pursuing recovery under this indemnity., the indemnified party shall exhaust all recovery available for such claim from insurance. (b) The indemnifying party shall not be obligated to pay for the defense of any claim or suit that any insurer has a duty to defend. If no insurer defends, then the indemnifying party shall, to the extent obligated to do so by this Agreement, pay for the defense, but shall be entitled to the insured's rights against all insurers with a potential for coverage of such claim. Once the indemnified party has exhausted all recovery under all available insurance, the indemnifying party shall pay only the amount of the loss, if any, that exceeds the total amount that ail insurance has .paid for the loss. For all costs and expenses related to third-party claims arising out of transportation and disposal of solid waste under this Agreement, DCL and the City shall first make and pursue claims against any available insur~.nce coverage. Nothing in this Agreement shall constitute a waiver or relinquishment of any claims which the parties may have against insurers, nor shall any provision of this Agreement waive or relinquish any subrogation or contribution rights that the parties or their insurers may have against another insurer or other potentially liable party. Any monies received from the insurers shall be used to pay any claims covered by such insurance and reimburse the insured for all reasonable costs and expenses, including attorneys' fees, expended by it to seek recovery of sums from its insurers. 14 1 ,- I7. Liability Insurance. DCL shall at all times maintain commercial policies of insurance against liability for bodily injury and property damages arising out of, or in connection with its ownership and operation of the landfill (exclusive of environmental impairment coverage) in such amounts and subject to such deductibles as are customarily maintained by landfill owners/operators of landfills comparable to the Disposal Site. Coverage shall include, but not be limited to operations (exclusive of environmental impairment) of DCL and such insurance shall have limits of not less than: COVERAGE Bodily Injury and/or Property Damage Policy Aggregate LIMITS OF LIABILITY $2,000,000 each person or occurrence $5,000,000 Such insurance shall be without prejudice to coverage otherwise existing and shall name as an additional insureds the County (and its officers, agents and employees). Notwithstanding the naming of the County as an additional insured, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been. named as insured. The insurance policy(s) shall provide that the insurance coverage provided thereby shall not be canceled or materially altered without thirty (30) days' written notice first being given to the County. DCL shall maintain on file with the County a certificate of insurance certifying the coverage required above. 1S. Severability. If any provision of this Agreement is declared invalid or unenforceable, then such portion shall be deemed to be severable from this Agreement and shall not affect the remainder hereof. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon including any regulation, ordinance, or other requirements of any governmental agency having jurisdiction over the Disposal Site. 15 i EXECUTED as of the day and year first above written. 16 1 RESOLUTION NO. A RESOLUTON AUTORIZING THE EXTENSION OF THE SOLID WASTE DISPOSAL AND LANDFILL. CAPACITY GUARANTEE AGREEMENT WITH DRY CREEK LANDFILL, INC. WHEREAS, The City of Central Point has previously entered into a Solid Waste Disposal and Landfill Capacity Guarantee Agreement dated January 31, 1997, with Dry Creek Landfill, Inc.; and WHEREAS, The parties wish to extend the term of that Agreement as set forth in Paragraph 2.1, Page b of the Agreement from January 1, 2029, to January 1, 2039. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Central Point, Oregon, that the Mayor is authorized and directed to execute a First Extension to Solid Waste Disposal and Landfill Capacity Guarantee Agreement which shall extend the term of that Agreement to January 1, 2039. The remaining terms of the January 31, 1997, Solid Waste Disposal and Landfill Capacity Guarantee Agreement remains in full farce and effect. Passed by the Council and signed by me in authentication of its passage this day of 2009. Henry C. Williams, Mayor ATTEST: City Representative Approved by me this day of 2009. Henry C. Williams, Mayor iy FIRST EXTENSION TO SOLID WASTE DISPOSAL AND LANDFILL CAPACITY GUARANTEE AGREEMENT THIS FIRST EXTENSION is made and entered into this day of , 2008 between the City of Central Point, an Oregon municipal corporation, hereinafter called the "City" and DRY CREEK LANDFILL, INC., an Oregon. corporation ,hereinafter called "DCL". WHEREAS the parties entered into a Solid Waste Disposal Landfill Capacity Guarantee Agreement in January 31, 1997 and WHEREAS under the terms of that Agreement in Paragraph 2.1, Page 6, the parties by agreement can extend the term of that Agreement from January 1, 2029 to January 1, 2039 and WI-IEREAS the parties agree to extend the term of the Agreement to that date, NOW, THEREFORE, the parties hereby agree as follows: The term of the Solid Waste Disposal Landfill Capacity Guarantee Agreement referred to above be and it hereby is extended to January 1, 2039. 2. The remaining Terms of the Solid Waste Disposal and Landfill Capacity Guarantee Agreement remain in full force and effect. EXECUTED as of the day and year first above written. CITY OF CENTRAL POINT By its Attest by: its City Recorder DRY CREEK LANDFILL, INC. By: Stephen M. Gambee, Chief Executive Officer PAGE 1 - FIRST EXTENSION OF THE SOLID WASTE DISPOSAL AND LANDFILL CAPACITY GUARANTEE.AGREEMENT ~® U~d,i~cc+~tCe `lJa~cati~u~ a J ede~t~iiarc F.a~ ef1le~rZt Pet(uee~2 JvG~ac 2Uac~ acftd 1`~iec~a C'acvCt Planning department STAFF ~EPRT Tom Humphrey,AlCp, Community Development Director/ Assistant City Administrator STAFF REPORT February 12, 2009 ITEM: Country Meadows Estate Pedestrian Easement Right-of--Way Vacation -File No. 09020, Consideration of an ordinance approving vacation of a pedestrian easement located between Mendolia Way and Diego Court -First Reading. Applicant: City of Central Point STAFF SOURCE: Matt Samitore, Interim Community Development Director BACKGROUND: In October, Councilman Bruce Dingier, Phil Messina, and Matt Samitore met with a local group on Jean Louis Circle to discuss various issues about their neighborhood. One of the main items of discussion was a paved pathway that connects Mendolia Way to Diego Court. The pathway, when originally constructed, was the only way for pedestrians and bicyclists to have access from Grant Road to Hanley Road and West Pine Street without having to go via Taylor Road or Beall Lane. The local neighborhood group would like the pathway to be eliminated and gate be allowed to be placed aver the entrance ways. The primary issue related to closure is that the pathway is not lit and due to this there have been numerous occasions where illegal activities have occurred as well as littering and lewd acts. The local neighborhood group circulated a petition in support of closing the pathway which 12 of the 15 homeowners located in the subdivision signed. The easement itself cannot be eliminated because there is a water line and a sanitary sewer line that exist under the pathway. The two property owners who own the property where the easement is located have been informed that no structure could be put on top of the water and sewer easements. One property owner would like to put raised flower/garden beds and the other would like to put in RV parking. Both have requested that if easement vacation is approved the bollards at the end of each side of the respected easement be eliminated. Both residents understand that locking gates would be required to be installed if they wish to privatize their respected areas and that keys to those locks would be given to the City and RVSS. Another potential option in lieu of vacating the easement, that was discussed originally, was the City paying for directional motion lighting being installed on both the effected parcels. This option is still a passibility. At the January 22, 2009 meeting, the City Council approved Resolution No. 1199 setting a public hearing and initiating proceedings to vacate the pedestrian easement. The public hearing was set for February 12, 2009. Pedestrian Easement ROW Vacation -Planning Dept. Staff Report Page 1 ~~~~ 2 ISSUES: In consideration of this item there are four issues to be considered: Property Value - In accordance with ORS 271.130, the City must make a determination whether or not the pedestrian easement vacation will result in a substantial affect on property values. If it is determined that the vacation will have a substantial affect on property market value, then all of the abutting property owners must consent to the vacation. If, however, it is determined that the vacation will not substantially affect the market value of property, then consents from abutting property owners are not required. In Attachment "A", Findings have been prepared supporting a determination of no substantial affect on property market values. 2. Comprehensive Plan Compliance -TSP Policy 8.1.9 states that "The City shall require pedestrian and bicycle easements to provide neighborhood connectors and reduce vehicle trips. The City shall modify the street vacation process so pedestrian and bicyclist through access is maintained." The existing pedestrian easement allows access from Grant Road to Hanley Road/West Pine Street. Removing the pedestrian easement will have the effect of compelling pedestrians and bicyclists to travel approximately 400 feet to the south and use the public streets in the Pheasant Creek Estates subdivision. Additionally, TSP Policy 8.3.5 states that "Pedestrian walkway or access way connections shall be required between adjacent developments when roadway connections cannot be provided." The existing pedestrian easement does provide a connection between two developments. Elimination of this easement would cause pedestrians and bicyclists to shift their travels further south in order to make the connection between Grant Road and W.Pine/Hanley Road. 3. Affected Agencies -The most notable effected agency is Rogue Valley Sanitary Sewer (RVSS). They have a 8-inch sewer line and associated easement within the pedestrian easement. They are requesting that the easement -not be vacated because they need access to their facilities. Rogue Valley Transit District (RVTD) has also requested that the easement not be vacated in order to support pedestrian and bicycle movements. 4. Letters in opposition -The City has received two letters in opposition from neighbors who use the easement frequently. Though those property owners who live near the easement are in favor of the vacation it appears there is some opposition from other neighbors to such a request. ATTACHMENTS: A. Planning Department Findings B. Maps of the area C. Public Works Staff Report D. Signed Petition E. Letters from Agencies F. Other Correspondence ACTION: Pedestrian Easement ROW Vacation - PlanninD~ept. Staff Report Page 2 d Consideration and first reading of Ordinance No. approving vacation of a pedestrian easement right-of-way located between Mendolia Way and Diego Court. RECOMMENDATION: Conduct a public hearing and move the ordinance to a second reading. Pedestrian Easement ROW Vacation -Planning Dept. Staff Report Page 3 .; .~ . 2 ATTACHMENT "A" Planning Department Findings Applicant: City of Central Point Purpose: Country Meadows Estates -Pedestrian Easement ROW Vacation File No. 09020 INTRODUCTION In the matter of approving a pedestrian easement right-of--way (ROW) vacation for a pedestrian/bicyclepatb. The right-of--way vacation is located in an R-1-8, Residential, Single Family zoning district. The pedestrian easement to be vacated is a 20 foot wide strip of land between the westerly right-of--way for Diego Court and the easterlyright-of--way far Mendolia Way, both public streets in the City of Central Point, Oregon. Consideration of a vacation is subject to the criteria set forth in Oregon Revised Statute 271.130(1) as follows: ORS 271.130(1). The city governing body may initiate vacation proceedings authorized by ORS 271.080 and make such vacation without a petition or consent of property owners. Finding: By Resolution No. 1175, the City Council initiated vacation of the property described in Attachment "A". Conclusion: The City is authorized to initiate the vacation per ORS 271.130. 2. ORS 271.130(1). No street area will be vacated without the consent of the owners of the abutting property if the vacation will substantially affect the market value of such property, unless the city governing body provides for paying damages. Finding: The vacation will not affect access to the property or the use of the abutting property as permitted by the City of Central Point Municipal Code. In all cases, property values of all abutting properties will not decrease in value as a result of the pedestrian easement vacation. The area now owned by current property owners will be allowed to be fenced so they have more useable area. No structures will be allowed and the square footage of their lot will remain unchanged. Conclusion: Based on the above findings that the proposed pedestrian easement vacation will not substantially affect the market values of the abutting property, it is determined that the proposed vacation is in compliance with ORS Section 271.130(1), and that consent from all abutting property owners is not necessary. 3. ORS 271.130(1). No street area will be vacated if the owners of a majority of the area affected, computed on the basis provided in ORS 271.080, object in writing. Finding: The local neighborhood group circulated a petition in support of closing the pathway which 12 of the 15 homeowners located in the subdivision signed. ~~ ~ 2 4 Country Meadows Estates Pedestrian Easement ROW Vacation -Findings ATTACHMENT "A" The easement itself cannot be eliminated because there is a water line and a sanitary sewer line that exist under the pathway. Conclusion: Based on the finding, a majority of the area affected support closure of the pedestrian walkway. Notice will be advertised in the local newspaper and posted on the Vacation site as per ORS 271.110 prior to public hearings before the Central Point City Council. It is determined that the proposed vacation is in compliance with Section 271.130(1). 4. City of Central Point Transportation System Plan (TSP). Findings: TSP Policy 8.1.9 states that "The City shall require pedestrian and bicycle easements to provide neighborhood connectors and reduce vehicle trips. The City shall modify the street vacation process so pedestrian and bicyclist through access is maintained." The existing pedestrian easement allows access from Grant Road to Hanley Road/West Pine Street. Removing the pedestrian easement will have the effect of compelling pedestrians and bicyclists to travel approximately 400 feet to the south and use the public streets in the Pheasant Creek Estates subdivision. Additionally, TSP Policy 8.3.5 states that "Pedestrian walkway or access way connections shall be required between adjacent developments when roadway connections cannot be provided." The existing pedestrian easement does provide a connection between two developments. Conclusion: Based on the finding, the proposed pedestrian easement vacation is inconsistent with the City of Central Point TSP. 5. City of Central Point Public Works Standards. Findings: The public utility easement will be maintained. Conclusion: The proposed vacation will have no impact on the existing public utility easement. Country Meadows Estates Pedestrian Easement ~ Vacation -Findings j ~ ) 1-rl c ~r ~, ~ ~~.~,~,~~~ ,~ r~. ~ i~~ ~~~,~ ATTACHMENT ~ k, ~~~ aFk.~ ~4tu~w~~ ' rew~4ve~ r W ,yy~s >~ ~. r„ .y. ~ I ~~ I r ~ .~ t>, y ~ ~ '"'ii'i ri.: F f+ Y .s~ 4 ~~ ./~ §+~ ~ ~ '~asi 1' .. I A .ice "~. ~~ n - ~ ~ ~, ~ ~.. ~„ F ~ . ~ ~~ ~ c ~ g~!tY''+',~ ~\ ,~' , ~" "~ ~"~ ~.n , ~`' 6:: ~ ;t ~}~~ wry } 'fir ~a 7Y°_ I F 1.- 2 0'~ `-'t r, ~ ~~~ 4"~A1 Ik I"~ `~~ t ~t1!.~1 -,~"~Ai- _._ ~ __ f'..~'Y,~ rt4~'f - , it. ,~ ti, ~.~ t ~_,--f~ tt ~t lr +~ ~. .~yy - t ~- t ru ` ~ ~ '~ Ni-" ~ = 'i r'"& 1~ .~~ ~ ' ~'4~ t 1-~)N ;fin 9•:' ct' ~y, ~~~ II s is ~ ` ~~ ~ F,+~{~q'~ ~ Y a ~ t~ V ,.' ~ f 1,. ~ t: i t ~ 7 t~~, t ~ ~t `~? F ~. tq :. ~ ~~~ f 1': F `~' ~ ~ , P j 4 z ~ ~~ ~ ~ '':7 } ~~ a .A~.' ., ~ ?~>~~ M '. f s ~t ~~ ~ ~ ~ + ~ . ~I~i} ~~~ G } i ' L ~~; '~ ~ r'' a ~ ~ i ' ti ' :.. •~ ~. 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P'w t't ~-.ti };a _ r ((kte -. 2~ ' ~r tit ~ k <w-4 ~ ~ ~ l~ ,,~'~ ~ `t+ - ~ r~ ~ r} ~~ 'r t ~. s ,~-.' ,~ ~ ~a ~ ~~ ~ ~~ ~Y , tt ~ . ~ } ~~ '~' ,t ~ '~+.~ . -.rc~~ ~ i ri. ~ 3 ~ ~ ~F ~=4 s z~.i ~ ~ ~ r 11 ~a-.: r ~ a r -----er -m-- ' ~' ~ s: a~~~~ ~ r-~~ ., ~~ r '_ ~~ ~~ .. r _~t _ ~, hs m_~ ' ~~ i ~o- ~ is ~~~ ~ p ~ - ~ ~ r i ~ ~g~ ~ ~ ! f~r• y ~~ ~~~ k ~f~ ~~ - ~ ~ ~~ 4'Z -"`~f ~ ] vhf rf J P'4 rA _..L~r +j`3. `Jt ~i r' r 1 1 s ~, t 9~ ~ ~ ~' ''~P~ n I ~ p~ ~ r as ` r ~ 7t : t7 ~ '~ ~~`~ ~ r _ ~ j.., t t .sn. ~~ ~ ~ r ~~ 1 ~ ~, ~.°~' ~~a its ~'-uA. .~~ t'f.~ i~~ .. ~~ ~~~ 1 . .~ ~~ i.IYY ~~~ ~ai~ir' y Public Works Department ATTACHMENT ~: ~ ~,~ Bob Pierce, Director city© Stephanie Woolen, CFM ' ENTRA Interim Development Services Coordinator P I NT fl i-e~;ci n PUBLIC WORKS STAFF REPORT February 5, 2009 Agenda item Project: Vacation of a 20-foot wide pedestrian easement that connects the easterly right-of-way for Mendolia Way and the westerly right-of-way for Diego Court in Country Meadows Estates Subdivision. The project will result in the elimination of the walkway within the easement that is an enclosed and poorly lit corridor, which has caused safety concerns for nearby residents. The Public Utility Easement {PUE) will be maintained. Applicant: City of Central Point Existing Infrastructure Water: A 12-inch waterline spans the length of the pedestrian easement within the PUE. Storm Drain: There is a 24-inch City-owned storm drain line located just west of the Diego Court right-of-way that extends 89.22 feet to the west toward Mendolia Way. Manholes are located at each end of this storm drain line section. Street Section: Not applicable. Engineering Plans and Development Permits No permits are needed at this time. Conditions of Approval Public Works has no conditions of approval for this application, since the PUE will be maintained. __ _ __ 940 South 3rd Street ~ Central Point, OR 97502 ®549.664.3329 ~ Fax 549.664.6384 2 Public Works Infrastructure I n f o r m a t i o n Country IVieadows Estates Subdivision Pedestrian Easement Va c a t i o n Waterline Infrastructure Legend 3 - --4 tY 6 Y 8 10 12 ®® 16 -~ 6 (private) ---- 8 (private} ,~°~~~ 10 (private) x 4 Abandoned • • • • • • 6 Abandoned • ° • • • • 8 Abandoned °•~°•• 10 Abandoned 8 ~ 12 Proposed 16 Medford 30 Medford 36 Medford .~ ~~ ~••®••~ City Limits 20080729_taxlots Storm Drain Infrastructure Projection Location Created by: Stephanie Woolett, CFM Interim Development Services Coordinator February 5, 2009 ~ ATTACHMENT November 18, 2008 Dear Matt Samitore, Here is the completed petition from the owners of Country Meadow Estates Subdivision to the City of Central Point to eliminate the pedestrian easement. I have also attached a copy of the lot map showing that 1S lot owners have signed, only two said no and that two lots currently have vacant houses. During the meeting that you, Phil Messina and Bruce Dingier held on October 20, 2008 at Jody and Kyle Jensen's .house, Bruce Dingier stated that if a petition reflects the wants of the owners of Country Meadow Estates to eliminate the pedestrian easement, the City Council would. Thank you so very much for ail your help! Ail the neighbors that have signed, including myself, are eagerly waiting the time we can close the pedestrian easement. Sincerely, e~~~~~ ~` Sheila Hagadone 780 Mendolia Way Central Point, OR 97502 ~~"i~ ~~1~ °N ~ ~00~ This is to petition the City of Central Point to eliminate the pedestrian easement that is part of the Country Meadow Estates Subdivision Unit 1, Phase 1. This easement was intended for pedestrian access between the subdivision and to an eventual city park, the plans for which have been delayed for an unspecified length of time. We are requesting that the easement be closed due to its unsafe nature (escape route for burglars, drug dealers, loiterers, etch. There has already been an attempted break-in at 756 Jean Louise Circle (Lot 15 of said subdivision), condom wrappers found thrown aver fence from the pedestrian easement and hooded, questionable loiterers in pedestrian easement late at night. We request that the pedestrian easement be elimiated for the safety of our homes and families. 7 ADDRESS DATE ,~ ~o i~~iy,~c~.a ~ C,.~ 1r~. ~~ ~$' ~~, 4.' 5. 6. i 7. $. 9. 10 11, 12. 13. 14. 0 15. 16. ~-~'--~, .s-~-~. 17. ~~~1r1. ~ l-F'l~ ~~ TCQ,n Ly~t ! 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I C .'_ J 4 ~ 2.5'12 I 5 I m \ ~ ` _ 20 , / ' / 6, r 001 31.35;yi x4 r10RFit \ § 65.Zr~ i~ II L ~ 00°0<'0a_E~ N 6 ~ I ~ ~ I^ti-~o 4 ~ ~ ~~ '~ ~I ~ `S ~" ~~~ p 7 / ~• ~ 'o' 00 <~ Cy ~.~i I ~ ~ J SOS C ~~ v a 7 u ~-~ _ y / f a . I ~{ ~~. m I z N 4~'y y 5 4 ~ y f " r: i ~R~ r ` _ 6 Iu R6• ~ - ~ fan _~ ~ ~ _..` _~ z ~ j ~~ o .ls• i - - ~ ~''. J o{ r r/X. 03°30'00" vl 178. ti: - -- - H 86°10'00" Y/I' -----=~~ ' N A N L E Y R O A pao:r--~1 ~ __ 1721.E8' c S OF BEAkING ', n o, ,, ~ ~ -`\ 773E7} DOC` E i§82.08' [s/m n3e a8206'J-- 2~AC ^J T -• O=> =~~1~~ O Cl ~~ ~ i C7 (D .~ ~ I I'I a~x G~t}n9 I!1 n00~' K1 ~ oo n ~ ~` 4 ~4 ~~ C.N R V. P. G c+c ~y C G 0 z SFA vow ~ N ~ ~Z3 m OA Z r' O N O ATTACHMENT February 4, 2009 VI __ Locatiai: 138 West Vilas Road, Central Point, OR -Mailing Address: P.O. Box 3130, Central Point, OR 7502-0005 Tel. (541) 664-6300, Fax (541) 664-7171 u~ww.RVSS.us David Jacob City of Central Point Planning Department 155 South Second Street Central Point, Oregon 97502 Re: Country Meadows Estates Easement Vacation, File #09020 Dear David, There is an S inch sanitary sewer which runs adjacent to the pedestrian easement. This easement provides vital access to the sewer for RVS maintenance crews. ®ue to the importance of maintaining access to the sewer system, Rogue Valley Sewer Services opposes the proposed vacation. Feel free to call me if you have any questions regarding this project. Sincerely, Carl Tappert, P.E. District Engineer 3 Rowe Valley Transportation District Transportation Demand Management Department From the Desk of Nathan Broom, TDM Planner 3200 Crater Lake Avenue • Medford, Oregon 97504-9075 (541) 60$-2411 • www.rvtd.org TO: David Jacob, Community Planner FROM: Nathan Broom, TDM Planner DATE: February 2, 2009 RE: File 09020: Country Meadows Estates ®Pedestrian Easement ROW Vacation After careful review of File Number 09020, RVTD and the Transportation Options Department would like to submit the following comments: Consideration from both transit-service and TDM perspectives must oppose the suggested vacation of this pedestrian right°of-way. The ROW is a key bicycle and pedestrian connection between scores of dwelling units and the core of Central Point. Removing this connection would reroute pedestrians and cyclists onto both collector and arterial routes lacking sidewalks. The vacation would result in a greater reliance on automobile transportation for the residents of the affected neighborhoods. The City of Centra/ Point Transportation System Plan, approved by the City Council on December 18, 2008, includes numerous statements that support the preservation of this ROW. From the many statements, three policies stand out in particular: Policy 8.3.4 The city shall require pedestrian and bicycle easements to connect neighborhoods and reduce vehiele trips. The City shall modify the street vacation proeess so pedestrian and bicyclist through-access is maintained. Policy 8.3.5 Pedestrian walkway or accessway connections shall be required between adjacent developments when roadway connections cannot be provided. Policy 9.1.3 The City shall prepare, adopt, and maintain development standards and regulations facilitating accessibility to transit services through transit-supportive streetscape, subdivision, and site design requirements that promote pedestrian and bicycle connectivity, convenience and safety. RVTD's long-range plan calls for a bus route serving Hanley Rd. and Pine St., with a stop at Hanley and Diego. The existing ROW is indispensable to RVTD's ability to serve Central Point residents living near Grant Rd. and Mendolia Way. RVTD advises maintaining the existing pedestrian right-of-way and exploring alternative actions to minimize unwanted activity within the right-of-way. Thank you for this opportunity to comment. Please do not hesitate to contact me with questions. In Cooperation, Nathan Broom 33 1 uii vz~ c,vvv/ +rLU vv. Zi unviavv~r vvv~ii i iivnuv rnn lrv, J`Y1 1 !`t UGJJ Roads Loginseating 1, UU1/ UU1 Rusa Logue Conatn~etion 1b(, annger 20o A~teiape Rosd WMte City, OR 97503 Ptrone: t`~~}774-6255 Fax: (Hd'1) 7~d-8.tQ$ toguera~Iacksoncounty.org vaww.Jacksoncounty.org January 30, 2009 Attention: David Jacob City of Central Point Planning 140 South Third Street Central Point, OR 97502 RE: Vacation of Pedestrian easement off Diego Court - achy-maintained road. Planning File: 09020. Dear David: °Thetnk you for the opportunity to comment on this application to vacate a pedestrian easement right-of--way which is a 20 foot wide strip of land between the westerly right-of-way for Diego Court and the easterly right-of-way for Mendolia Way, both public streets in the City of Central Point (the public utility easement will be maintained). Jackson County Roads has no comment sger CtEngineering\DeveiopmentlCiTiES\CNTRI_P11080z0.tlOC Dave Jacob From: Hugh Holden [Hughes@jcfd3.com] Sent: Monday, February 02, 2009 3:32 PM To: Dave Jacob Subject: Country Meadows Estates-Ped Easement Right of Way Vacation Dave, Jackson county Fire District No. 3 has "no comment" on this project. Thanks Hugh Hugh Holden, Fire Marshal Jackson County Fire District #3 8333 Agate Road White City, OR 97503 office (541) 831-2752 FAX {541) 826-4566 hughh(a)jcfd3.com 35 ATTACHMENT City File Number 09®2®: Vacation of pedestrian easement connecting Diego Ct and Mendolia Way. This letter is submitted in strove opposition to the vacation of the pedestrian easement connecting Diego Court and Mendolia Way. Having lived within of sight, and regularly used, the easement for ten years, we have never seen the easement used as a hangout. The easement stays litter free, the bordering fences have not been vandalized, there has been no tagging of the fences or sidewalk, and we never hear late night noise from the area. The fact that an Oregon State Trooper lives at the end of easement and often parks his police cruiser near the easement, makes this a very unlikely hangout location. We have young children and have never had cause to worry about anything going on at the easement. Personally, my wife and I often walk our dogs after dark and use the easement. We have never seen anyone hanging out there. Additionally, this easement is an important pedestrian walkway for the residents of Mendolia Way, lean Louise Circle, Diego Court and other neighborhood areas. Many-local residents walk for pleasure and exercise and use this easement. Local runners also frequently use the easement. This walkway provides our neighborhood's only direct walkingJbiking access into downtown Central Point. I personally make it a point to eliminate one driving trip into Central Point each week by walking into town. Without this easement, the walking distance forme would increase by 50 percent. In a time when many us are attempting to reduce our carbon foot print, reduce local traffic, help air quality, and reduce expenses, we need more pedestrian easements, walkways, and bike paths, not less. One of Central Point's goals is to make the city more pedestrian/bicycle friendly. Closing this important easement would be a step in the wrong direction. Sincerely, . _._.. __ Timothy'Case ~~~~.''°~-"~ i L~ - ~~~ 1 752 Jean Louise Circle r ORDINANCE NO. AN ORDINANCE APPROVING VACATION OF A PEDESTRIAN EASEMENT LOCATED BETWEEN MENDOLIA WAY AND DIEGO COURT WHEREAS, the City has determined that a 20 foot wide strip of land between the westerly right-of--way for Diego Court and the easterly right-of--way for Mendolia Way is not required .for public access and as such is no longer an asset to the City's street system; and WHEREAS, in accordance with ORS 271.130 the Central Point City Council, on January 22, 2009 initiated the Vacation on its own motion; and WHEREAS, on February 12, 2009 the City Council held a duly noticed public hearing in accordance with ORS 271.110 to consider the Vacation. NOW THEREFORE BE IT RESOLVED that the Central Paint City Council, after full and due consideration of the record as set forth in the Staff Report, attached hereto as Exhibit "A", and the evidence presented at the public hearing, finds that the Vacation as legally described in Exhibit "B" is hereby approved subject to the following: 1. Public Easements. There is hereby reserved to the City of Central Point, all applicable public utility agencies, and contracting cable television companies, an easement over the vacated pedestrian easement for the purposes of installation, maintenance, repair, and replacement of utilities and cable vision facilities, including the. right to access the property for those purposes. Passed by the Council and signed by me in authentication of its passage this day of 2009. Mayor Hank Williams ATTEST: City Recorder Approved by me this day of _ , 2007. Mayor Hank Williams 1 -Ordinance No. (02262009) 3 .~ e.S ~yy L_ Y r ,,x W ~ ~~ ` ~ ~ ~ m~ ~ ~ ~ or \ ~ N q Q1 m 2 ~ 'w Zq ~ ~L°i o~ n~ m ~ N h 4~ ^ Z ~a0 .~ n~ ~ ~ ~ ~ ~ p ~ o~~~ Nv I rm by x:, ~~ ~6 ,g ~o ~ w 0:~ t~.,0a ° ~ ~4?N ~ 1 vv ~ V KI~'i ~ ~-(.98Z86t°19ft1 N/5) .PO'ZHbI ~I9El! 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C ~ ff3{ ~ ~ u i .-~G`~' _ a55i Y, ilec N 4 L~;.O„x,..i'^ ~ Y Q 3~ a~ Fo 8 aF 10 4yY'1....-~E ~ - Nj4' ~i7ex 6t~ I,..i'`J'^ I v ~ro m'" ~C ~ ''~ ~ S l4'$1 ? ~~~.~-x'.,b•RSSA~ Ap I ~ Z ~~ ~~ ~~ g ~ 'e 5.p3• ' ~•\ \ ppPNT s ~ ~ C ~ Y "5 25.00 / ~ o i d ` • ppQ m N Y t 0 0 1 0 Q". . 52 VI JY1 W I4'a3 , v WO ~ ~$',z °'Y 2R w-oz-o. o.owu.o.oia?w?vroru:o: .a J3u~sirce~~: QB~ac~tdart `1JePcic,~e act ~25U `Uinta 1~~ciiue 155 South Second Street • Central Point, OR 97502 Ph: (541) 664-5578 • Fax: (541 } 664-2705 • www.cp-pd.com J® a eliff ~f%~'~ Report to the City of Central Point Counsel on an Abandoned (Discarded) Vehicle on Private Property (1250 Vista Dr.) In late December, 2008 I received an anonymous phone complaint from a'-neighbor concerned about a vehicle leaking transmission fluid in the street 'in front of 1250 Vista Dr. The complainant also spoke of an abandoned vehicle in the driveway that had.. been inoperable for years. I drove to 1250 Vista Dr and spoke with the homeowner Vernon R. Harper. I explained to Mr. Harper that he needed to clean up the transmission fluid in the street and that a vehicle in the driveway, a silver Ford Contour, Idaho license # 1L60972, had to be made operable, removed from sight or be removed from the property in accordance with City Code. He stated he understood and would work on it. On 01/14/09 Idrove-back to the location and observed some absorbing material had been used to help clean up the transmission. fluid._ Nothing had been done with the discarded vehicle. The vehicles rear tires were completely flat and the front tires were almost flat. The vehicle had last been registered in Idaho in 2005. On 01J15/09 I drove to the location and delivered a letter to a resident at 1250 Vista Dr. The letter stated that the vehicle had to come into compliance with Central Point Municipal Code section 10.12.040 or the City would tow it. The owner never called to discuss his options. The vehicle is not operable as defined by the Code. Respectfully, ,~.---- Ron Barnett Community Services Officer ~~~~R~ea~ T ~'e~u~i~~, (~ONtNt%t~ / o Lxr,e~~e~tc+i ~~ 155 South Second Street • Central Point, OR 97502 tl ®® Ph: (541) 664-5578 • Fax: (641) 664-2705 • www.cp-pd.com fj j January 15, 2009 Vernon R. Harper 1250 Vista Dr Central Point, Oregon 97502 Complaint # 09-0267 Dear Mr. Harper: For years there has been stored a discarded vehicle, located at your residence at 1250 Vista Dr, Central Point. The disabled (abandoned) vehicle is setting in the driveway. The vehicle is a disabled, silver Ford Contour, Idaho license # 1 L60972. This is a violation of Central Point Municipal Code section 10.12.040, therefore you have seven (7) days in which to remove the vehicle or it will be towed per C.P.M.C. 10.12.070 and you will be liable for towing charges and any storage costs. The vehicle must be removed from the City or to the storage yard of a business enterprise dealing in junked vehicles lawfully conducted within the City; or it must be stored in such a manner so as to be hidden from view from without the property in compliance with section 10.12.040 of the Central Point Municipal Code. You may petition the city recorder and request appearance in writing before the City Council within seven (7} days of the posting of this notice and show cause why such vehicle should not be immediately abated as provided. Failure to comply authorizes the City to remove the vehicle and charge the costs. Additionally you can be cited. Feel free to call me concerning this vehicle. Sincerely, !`~ ~~~,ti Ran Barnett Community Services Officer Enclosure: C.P.M.C. 10.12.040 s;, , v ~.. .~ ~- 1~-~ ~® ~~~~ca~~ ~ s~~~;ce, co~~;t~~ T ~~~~~~~~~ „ ~; >> s ~ ~ ~ v ,~: ~, _ d ~ -,.' r ~ y„, ~ ~.. ~, _ _ ~,yp '~ ` ~ ~' ' ~ Fib. 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':- _ n ~~q ; ~ _ _ __"h ~ r-~ r- 10.12.010 Sections: {Continued} 10.12.110 .Impoundment--Redemption. .10..12.120 Unclaimed vehicle--Sale. 10.12,130 Unclaimed vehicle--Storage. 10.12.140 Impoundment--Inquiry into ownership, 10.12.150 Impoundment--Information to Department of Motor Vehicles. 10.12.160 Vehicle description--Notice of sale. 10.12.170 Impoundment--Proof of ownership. 10.12.180 Sale--Generally. 10.12.190 Sale--Conveyance of property--Certificate. 10.12.200 Sale--City nonliability. 10.12.210 Low value vehicle--Certificate of sale. 10.12.220 Sale--Notice. 10.12.230 Sale--Procedure--Certificate. 10.12.240 .Redemption before sale. 10.12..250 Assessment of costs. 10.12.260 Penalties. 10,12.010 Definitions. As used in this chapter un- less the context requires otherwise: A. "Costs" means the expense of removing, storing or selling a junked vehicle. B. "Chief of police" includes any authorized. law enforcement officer of the city. C. "Discarded" means any vehicle which is in one or more of the following conditions: 1. Inoperative, including temporary conditions such as a flat fire or dead battery that render the vehicle inoperativ 2. 3. 4. 5. 6. e; Wrecked; Dismantled; Partially dismantled; Abandoned; Junked. Discarded vehieles may be deemed to include major parts thereof including but not limited to bodies, engines, transmissions and rear ends. D. "Person in charge of property" means any agent, occupant, lessee, contract purchaser, owner or person hav- ing possession, control or title of property where a vehi- cle is located. E. "Vehicle" means every device in, upon or by which any person ar property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. F. "Vehicle owner" means any individual, firm, corpo- ration or unincorporated association with a claim, either individually or jointly, of awnership or any interest, legal or equitable, in a vehicle. {Ord. 1737 §1, 1996: Ord. 1061 ~1, 1972). 4 108 (Central Point 6196) 10.12.020-®10.12.050 10.12.020 Prohibited. No motor vehicle shall be abandoned upon any street, alley or other municipal proper- ty in the city or upon privately owned property without the permission of the owner of said privately owned property. (Ord. 935 (part}, 1968: Ord. 886 §1, 1967). 10.12.030 Declaration of public nuisance. The open accumulation and storage of a discarded vehicle is found to create a condition tending to reduce the value of private property, to promote blight, deterioration and unsightli- ness, to invite plundering, to .create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of a discarded vehicle on private or public property is declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter. (Ord. 1061 §2, 1972}. 10.12.040 Unlawful acts. It is unlawful for. any per- son owning or in possession or control of any property within the city to keep, wreck, store or allow to remain thereon in such manner as to be exposed to view from with- out the property, a discarded vehicle unless the vehicle is stored in connection with a business enterprise dealing in junked vehicles lawfully conducted within the city. For purposes of this section, if an automobile is permitted to remain upon premises for longer than ten consecutive days without being removed therefrom, it is deemed to have been "stored" or "allowed to remain" thereon. "Exposed to view from without the property" means visible from any ground- level vantage point. Storage inside a building or behind a sight-obscuring fence is acceptable; obscuring the vehicle by means of a tarp or other covering is not acceptable. After the expiration of the said ten-day period, and each day during which the vehicle or part thereof is stored or permitted to remain on the premises in violation of this chapter shall be punishable as a separate offense. (Ord. 1766 §1,.1997: Ord. 1117 §1, 1973: Ord. 1061;§3, 1972)., 10.12.050 Evidence of abandonment. A. For purposes of establishing an abandonment of a motor vehicle pursuant to Section 10.12.020, the following shall constitute con- clusive evidence of abandonment by the owner or person entitled to possession thereof: 1. A motor vehicle left parked or standing on privately owned .property without the approval of the owner thereof where the owner registers complaint to the chief of police; or 2. A motor vehicle left standing for more than seventy-two consecutive hours on any street, alley or other 109 (Central Point 5/97} Ora account.cfin ~SS~SSh~Et~'i' I~ RC~ANtd1t~C; tf~T'Ald Account Details dales Deed Card ®verlay Report [ _ Permit Details ~ ~___l T'ax Report ~ Account 1-013530-7 Map & TaxLot 372W03AA 500 ~df Tax Code 6-02 Acreage 0.16 Zonin R-1-6 ~~ Land Class UNK 0.16 Ac Proper Class 101 Stat Class 131 v~ Unit ID 163219-1 Maintenance 3 Area Neighborhood 000 Study Area 23 Account Status ACTIVE Tax Status Assessable Sub Type NORMAL Owner HARPER VERNON RJEILEEN K Situs Address 1250 VISTA DR CENTRAL POINTI HARPER VERNON RJEILEEN K Mailing Address 1250 VISTA DR CENTRAL POINT OR, 97502 ~ 372W03AA 500 Totals 1 Imp Taxlot Acreage 0.16 J 1-013530-7 I mprovements Building # 1 1972 1056 SgFt One story 45 Page 1 of 1 ®~~~ ~~ httna/web.iacksoncountv.or~/fca/Ora account.cfin?account=1013537 ~ rI SJ~nnc~ 53w~ifxe~~: J P~uuru~. 'Coxiuni~~iarc ~~ ~ePxua~cc~ 3, 2UU9 t'lanning ®epartment :~ c~ ;~~ ENTL POINT C)t ~~c5r~ Staff Report Matt Samitore, Interim Director Don Burt, Manager PLANNING DEPARTMENT MEMORANDUM Date: February 5, 2009 To: Honorable Mayor & Central Point City Council From: Matt Samitore, Interim Community Development Director Subject: Planning Commission Report A. File No. 09004{3). A public hearing to consider a recommendation to City Council to amend section 17.37.020(D) of the Central Point Municipal Code, C-2(M), Commercial -Medical District, residential permitted uses City staff prepared findings far the Planning Commission for clarification on non-conforming status with existing single family homes in the C-2(m} district. The issue is currently if a home is destroyed more than 50% of its assessed value then there is ambiguity in the current code on whether or not the house could be re-built. The findings clarified that they are allowed to be rebuilt. The Planning Commission unanimously recommended forwarding the amendments to the City Council. B. File No. 09004(1). A public meeting to consider membership warehouse clubs as a similar use within the M-1 district. Staff informed the Planning Commission that by recommendation of City Council that this item be re- noticed as aformal land-use application under a Type III application. By re-noticing as a land use decision the item is appealable to the City Council and to the Land Use Board of Appeals (CUBA). The way it is currently being processed there is some vagueness if it is appealable beyond -the Planning Commission. The Planning Commission unanimously voted to continue this item to the March 3, 2009 meeting. C. Discussion Items. Staff gave updates to the Planning Commission on the RPS, Rogue Valley Corridor Plan, Wilson Road RPS Planning and the Exit 35 Interchange Access Management Plan D. Miscellaneous. There were no miscellaneous items. _. _ __ __ _ __ 140 South Third Street ~ Central Point, OR 97502 ®541.664.3321 ~ Fax 541.664.6384 5