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HomeMy WebLinkAboutCAP120904~~ Central Point City Hall 664-3321 City .Council Mayor Hank Williams Ward I Donna Higginbotham Ward II Mike Quilty Ward III Nathan Banry Ward IV Richard Halley At Large Kay Harrison Bill Stults Administration City .Administrator ; Phil Messina Finance Department Finance Director Jill Turner Building Department Building Official Lois DeBenedetti Parks and Recreation Depattrnent Park and Rec Director Katherine Boxer Planning Department Community Development Director Tom Humphrey Public Works Department Public Works Director Bob Pierce Police Department Police Chief Jon Zeliff CITY OF CENTRAL POINT City Council Meeting Agenda December 9, 2004 Next Res. No. 1040 Next Ord. No. 1854 I. REGULAR MEETING CALLED TO ORDER - 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. SPECIAL RECOGNITION V. PUBLIC APPEARANCES VI. CONSENT AGENDA A. Approval of November 18, 2004, City Council Minutes B. Cancellation of second Council meeting in December. VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS A. Resolution No. , A Resolution Canvassing the Votes Cast at the General Election Held November 2, 2004 (Messina) B. Public Hearing -Ordinance No. , An Ordinance Concerning Real Property Compensation; Creating Section 17.98 of CPMC; Adopting Procedures for Processing Claims; and Declaring an Emergency. (Ballot Measure 37 Implementation) (Humphrey) ~. C. Resolution No. , A Resolution Amending the Central Point Planning Department Fee Schedule (Humphrey) D. Resolution No. , A Resolution Declaring the Annexation of 8.74 Acres of Land Located on the East Side of Gebhard Road, and North of Beebe Road into the city of Central Point. (Applicant: Artner Investment Properties, LLC (37 2W 02AA; TL 2800))(Humphrey) E. Resolution No. , A Resolution Declaring the Annexation of 20.14 Acres of Land Located on the East Side of Gebhard Road, and North of Beebe Road into the City of Central Point, Oregon (Applicants: Duncan Development, Inc.(37 2W 02AA TL 2700 & 2701)) (Humphrey) IX. OTHER BUSINESS - - - A. Planning Commission Report (Humphrey) B. Local Improvement District Update (Turner) IX. MAYOR'S REPORT X. CITY ADMINISTRATOR'SREPQRT XI. COUNCIL REPORTS XII. DEPARTMENT REPORTS XIII. EXECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 92.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XIV. ADJOURNMENT ~~ - ' . CITY OF CENTRAL POINT City Council Meeting Minutes November 18, 2004 1. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. Ih PLEDGE OF ALLEGIANCE 111. ROLL CALL: Mayor: Hank Williams Council Members: Nate Banry, Dick Halley, .Kay Harrison, Donna Higginbotham, Bill Stults and Mike Quilty were present. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Finance DirectorJill Turner; Police Chief Jon Zeliff; Community Development Director Tom Humphrey; and City Recorder Deanna Gregory were also present. IV. PUBLIC APPEARANCES Don Pfaff, Business Owner Mr. Pfaff is concerned about the elimination of parking available on Pine Street in front of his business because of the reconstruction of the Pine Street\Highway 99 intersection. He stated that the plans for a bike lane along that section of Pine Street will prohibit any costumers from parking in front of his business and he does not own the property behind in order to direct them back there. He presented a list of customers who have visited his business and stated that they park o Pine Street. He feels that the City is not concerned with businesses and continue to remove on street parking. He also stated that trucks' turning onto Pine Street from Highway 99 will be forced to go up on the curb in order to make the turn or cause a traffic problem because the lanes are not wide enough. Community Development Director Tom Humphrey stated that there have been public .hearings regarding this project for several years. It is not the intention of the City to upset .businesses. The reconstruction is necessary to improve pedestrian traffic. He stated that this project is funded by grants and it is the requiremerit of Federal and State money to improve intersections and include bike lanes. Professional traffic engineers have worked on the design of the intersection. They have done traffic counts and have calculated the need to allow trucks onto Pine Street. Mr. Robinson, Business Owner Mr. Robinson stated that he did not give permission for the City to plan off street parking on his property. He has no problem sharing his parking with other businesses. He does not like the way the situation has been handled with the business owners along this section. :.~ `~, City of Central Point City Council Minutes November 18, 2004 Page 2 Carol Fischer, Resident Mrs.. Fischer stated that the city has had other situations where they did not communicate with business owners. The city needs to improve communication between Council, Staff and property owners. Mayor Williams stated that he would like staff to keep the council informed of the situation. V. CONSENT AGENDA A. Approval of October 28. 2004. City Council Minutes Mike Quilty made a motion to approve the consent agenda as presented. Donna Higginbotham seconded. Roll Call: Nate Banry, yes; .Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Bill Stults, yes; and Mike Quilty, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA No items were removed. VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. .Resolution No. 1037, A Resolution Authorizing Revisions to Solid Waste ~ Recycling Collection Services/Collection Franchise Agreement "Exhibit B". City Administrator Phil Messina stated that Rogue Disposal and Recycling has submitted a revision to Exhibit B of the Solid Waste Franchise collection services currently provided by Rogue Disposal. The revision describes the changes to recycling pick-up and the yard waste pick-up that were not in effect when the original agreement was approved in 1996. The effect of this franchise revision does not decrease current services. Kay Harrison made a motion to approve Resolution No. 1037, A Resolution Authorizing Revisions to Solid Waste 8 Recycling Collection Services/Collection Franchise Agreement"Exhibit B".Mike Quilty seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Bill Stults, yes; and Mike Quilty, yes. Motion approved. B. Resolution No. 1038, A Resolution Authorizing Signatures for Banking Services on Behalf of the City of Central Point. Finance Director Jill Turner stated that the proposed .resolution authorizes the City Administrator and Finance Director to sign checks on behalf of the City. In the absence of either of these people Mayor Hank Williams, Councilor Quilty, or Community Development Director Tom Humphrey would be asked to sign checks in their place. Mike Quilty made a motion to approve Resolution No.1038, A Resolution Authorizing Signatures for Banking Services on Behalf of the City of Central Point. Nate Banry ~' ' - City of Central Point City Council Minutes November 1'8, 2004 Page 3 seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; ..Kay Harrison, yes; Donna Higginbotham, yes; Bill Stults, yes; and Mike Quilty, yes. Motion approved. C. Resolution No. 1039, A Resolution Repealing Section 8 of Resolution No. 1021, Regarding Bad Debts. Ms. Turner stated that utility accounts that are closed and are in excess of $10.00 and more than. 90 days past due are turned over to collections on a monthly basis. Usually at this point the City would then write off the bad debts from the general ledger. The current .resolution restricts the amounts of write off, and the bad debt accounts have not been written off the general ledger. The process of not correctly writing off the bad debts has gone on for many years and the mull-year back log in the amount of $24,890.00 in water accounts. By amending this resolution staff will be able to clean up the backlog of bad debts, and bring the accounting policy into alignment with current collection practices. Once the backlog of bad debt is cleared up the expected annual loss will be somewhere between $5,000 and $10,000 for both water and miscellaneous receivables. Mike Quilty made a motion to approve Resolution No. 1039, A Resolution Repealing Section 8 of Resolution No. 1021, Regarding Bad Debts. Dick Halley seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, -yes; Bill Stults, yes; and Mike Quilty, yes. Motion approved. VIII. BUSINESS A. Planning Commission Report Community Development Director Tom Humphrey presented the Planning Commission Report for November 2, 2004. A. The Commission approved an amendment to include a fourth phase to the Beebe Woods PUD. Gordon & Erma Layton were authorized to include their property in the PUD which would add five single family "attached units" and bring the development's total to 108 lots. The subject tax lots are located east of Hamrick Road and between Parkwood Village Lane and Brookdale Avenue in the R-2, Residential Two Family zone. The additional lots and the Layton's home site would take their access from Live Oak Loop, which is a private street in the PUD. The addition of five lots does not exceed the building density for the zone because more land is also included in the amendment. The Commission's approval carried all of the original conditions forward from an earlier resolution. B. The Commission approved a tentative plan for a minor partition to create three parcels from an existing tax lot. The subject tax lot is located north of Scenic Avenue, east of Dobrot Way and west of Rock Way in the R-1-8, Residential Single Family zoning district. An existing easement will remain for access to the new lots but various buildings will need to be removed to accommodate the subdivision. The Commission approved the partition subject to conditions recommended by City staff ;~ City of Central Point City Council Minutes Novemher 18, 2004 Page 4 and contingent upon limits placed upon an existing well on site. C. The Commission approved a tentative subdivision for 7 residential lots known as Hanley Dale. The subject property is located north of Beall Lane and east of Hanley Road in the R-1-8, Single Family zone. The development proposes a standard public street with access from Hanley Road. The Commission imposed conditions that included compliance with building code and local agency approvals as well as the preservation of a 25 foot riparian set back from Jackson Creek. A distance of 150 feet must be maintained between the center lines of Quail Court and the proposed Hanley Circle. Improvements on Hanley Road will not be deferred but will either be bonded or paid for as part of the development.. D. The Commission approved a final development plan and tentative subdivision for the residential development known as the Countryside Terrace PUD. The subject property is located on the northeast corner of Hopkins and Freeman Roads in the R-3, Multi-Family Residential zoning district. The development proposes private streets with primary access from Hopkins and Freeman Roads. Common open space, guest parking and a tot lot are included. The Commission determined that the conditions they impoed at the preliminary plan stage had be met for the development. E. The Commission approved a final development plan and tentative subdivision known as the Snowy Butte Meadows PUD. The subject tax lots are located on Snowy Butte Lane north of Beall Lane inthe R-1-6, Residential Single Family zoning district. The development proposes private streets with primary access from Snowy Butte Lane which is scheduled for reconstruction. Common open space and guest parking are included. The commission determined that the conditions they imposed at the preliminary plan stage had been met for the development. Mike Quilty made a motion to approve the Planning Commission Reportas presented for November 2, 2004. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes;. Kay Harrison, yes; Donna Higginbotham, yes; Bill Stults, yes; and Mike Quilty, yes. Motion approved. IX. MAYOR'S REPORT Mayor Williams Reported that: he attended an RVACT meeting. he attended a Jackson County Home Builders Association Meeting. he received a letter from OAMR President Sandy King congratulating City Recorder Deanna Gregory for acceptance into the IIMC Master Municipal Clerk program. X. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that: City of Central Point City Council Minutes November 18, 2004 Page 5 • he attended the League of Oregon Cities Conference. • he had a meeting with Chris Borovanski from the Jackson County Expo regarding cooperation between the City and the Expo. • he attended a meeting with the City of Talent to discuss Storm Drain SDC fees. • the new Parks and Recreation Director Katherine Boxer will be in town on Friday. • Council has been asked if anyone would like to attend a meeting on November 23 to help choose a Superintendent for School District 6. • the population census has come in from Oregon State University, there is some confusion regarding our actual projection. • the second Council meeting in December is scheduled for December 23. Direction from Council is to cancel that meeting. XI. COUNCIL REPORTS Dick Halley reported that: • he attended the LOC Conference. • he attended an MRO meeting. • he attended a fair board meeting where they discussed. an Solar Project for the Amphitheater. He would like to discuss this project with Public Works for use at the new Community Center. Bill Stults reported that: • the Meadows has submitted a petition to start the process for an LID in order to help with the water issue. • RVSS had their annual audit with no reservations. Mike Quilty reported that: • he attended the LOC Conference and attended several session to do with transportation issues. • he attended an MPO meeting in California representing the State of Oregon for the West Coast MPO. • he has spoken to representatives from Wyden and Smiths office regarding transportation issues. Kay Harrison reported that: • she attended. the LOC Conference. • she attended the MPO Regional Planning Meeting. Donna .Higginbotham reported on Food & Friends delivery and process. XII. DEPARTMENT REPORTS Community Development Director Tom Humphrey reported that: City of Central Point City Council Minutes November 18,2004 . Page 6 • he attended a Regional Problem Solving meeting to_give the City narrative and update on Urban Reserve. • the City will be forming an Advisory Committee with business owners to help design highway 99. Police Chief Jon Zeliff reported that: • the department has been conducting tests and interviews for two new police officers. • the Department will be enhancing communications by issuing nextel phones. They will be able to get rid of pagers, and car phones, encouraging the officers to carry their phones with them at all times. • they will be changing to twelve hour shifts to help provide better coverage to the citizens of Central Point. • they wil! be changing the logos on the Police. Cars soon. They plan on having a ceremony to reveal the new logo. • they will begin a recruitment for a volunteer program to -help with special events. Finance Department Director Jill Turner reported that: • the financial report for June 30, 2004, is complete. • a notice will be going out in the next newsletter allowing people to sign up for credit authorization and check deduction to help pay for water bills. • the recruitment for the Finance Accounting Specialist has closed, interviews will be next week. • the recruitment for Accounting Clerk I will begin to replace the position left open when Paula York was promoted to Municipal Court Clerk. • the department will be rearranging to help make room for the two positions. • they have been working on combining accounts in the water bill program. • the Auditors will be here at the end of the month. Public Works Director Bob Pierce reported that: • the Library and. new offices construction is on schedule. • the Pine Street/Hwy 99 intersection is close to being on Schedule. • the bridge for Forest Glenn Park should be delivered early in December. • he has been working with the Consulting Engineers on the Talent/Central Point Storm Drain SDC's. • he presented the bid for the Table Rock, Waterline. They plan on installing this portion when Jackson County does the reconstruction of Table Rock Road. He asked for a motion to accept the LTM bid in the amount of $555,602. Mike Quilty made a motion to accept the LTM bid for the installation of the Table Rock Waterline in the amount of $555,602. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Bill Stults, yes; and Mike Quilty, yes. Motion approved. City of Central Point City Council Minutes November 18, 2004 Page 7 construction trucks for Blue Grass Downs will be going through New Haven Subdivision between November 19 and December 3`d to deliver rocks to the construction site. They have informed the residents in the area. This is for a limited time. Staff will take pictures of the road prior to this event and after the event to make sure damage has not been done. Mike Quilty made a motion to adjourn to Executive Session under ORS 192.660 (2)(h) to discuss litigation. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Bill Stults, yes; and Mike Quilty, yes. Motion approved. XIII. EXECUTIVE SESSION Mike Quilty made a motion to adjourn into regular session at 9:24 p.m. Nate Banry seconded. Roll Call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Bill Stults, yes; and Mike Quilty, yes. Motion approved. No action was taken. XIV. ADJOURNMENT Bill Stults moved to adjourn, Mike Quilty seconded, all said "aye" and the Council Meeting was adjourned at 9:25 p.m. The foregoing minutes of the November 18, 2004, Council meeting were approved by the City Council at its meeting of December 9, 2004. Dated: Mayor Hank Williams ATTEST: City Recorder MEMORANDUM DATE: December 9, 2004 TO: Ho ayor & City Council FROM: Phil essina, City Administrator SUBJECT: Canvassing of Vote for November 2, 2004 General Election The City Charter requires that the City Council canvass all election returns at the first regularly scheduled meeting following receipt from the County Clerk of the certification of election results. The city received the election report from the Jackson County Clerk on November 29, 2004. A copy of the report is attached for the Council's review. The attached resolution canvasses the total number of votes cast at the election, the votes cast for each person, the name of each person elected to office and the office to which they have been elected. It further directs the City Administrator to prepare, sign and deliver a certificate of election to each person elected within thirty (30) days after the canvass. Attachments 1. Abstract Election Report 2. Draft Resolution -1- SUMMARY REPORT RUN DATE:11/22/04 01:33 PM GENERAL ELECTION - ._ NOVEMBER 2. 2004 JACKSON COUNTY, OREGON VOTES PERCENT PRECINCTS COUNTED (OF 4) 4 100.00 REGISTERED VOTERS - TOTAL . 9.001 BALLOTS CAST - TOTAL. 7,553 VOTER TURNOUT TOTAL 83.91 CITY OF CENTRAL POINT MAYOR CENTRAL POINT CITY Vote for 1 CHARLES C. COLLINS 1.630 26.26 HENRY (HANK) C. WILLIA . 4,509 72.64 WRITE-IN. 68 1.10 Total 6,207 Over Votes 7 Under Votes 1.339 CITY OF CENTRAL PT COUNCILMEMBER, WARD 4 CENTRAL POINT CITY Vote for 1 RICHARD W. HALLEY. 2.938 51.37 CAROL FISCHER . 2,760 48.26 WRITE-IN. 21 .37 Total 5 , 719 Over Votes . 8 Under Votes 1.826 CITY OF CENTRAL PT COUNCILMEMBER AT LRG CENTRAL POINT CITY Vote for 2 EDWARD G. LINDBLOOM . 2.151 26.15 KAY HARRISON 2.988 36.32 BECCA CROFT. 3.034 36.88 WRITE-IN. 53 .64 Total 8.226 Over Votes 8 Under Votes 6.872 CITY OF CENTRAL POINT • - REPORT•EL45 PAGE 001 l certify the votes recorded on this abstract correctly summarize fhe tally of votes cast of the election indicated. ~r tea. a K y B kett, Jackson County Clerk ate RESOLUTION NO. A RESOLUTION CANVASSING THE VOTES CAST AT THE GENERAL ELECTION HELD NOVEMBER 2, 2004 Recitals 1. A general city election was held on November 2, 2004, during which time legal voters of the City of Central Point considered the election of City officers; 2. Pursuant to state law, the Jackson County Clerk was the official election officer for the City and has certified the results of said election, said certification having been issued on the 22"d day of November, 2004; and 3. The City Charter requires that the City Council meet and canvass the returns of said election at the first regularly scheduled meeting following receipt of the Jackson County Clerk's certification of election results. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. That the votes cast by electors of the City of Central Point for Mayor, Councilmember from Ward 4, and Two Councilmembers at Large, at the general election of November 2, 2004, are hereby found, determined and declared to be as follows: MAYOR (Total votes cast 7,553) Charles C. Collins 1630 Henry (Hank) Williams 4509 Miscellaneous write-ins 68 COUNCILMEMBER WARD 4 (Total votes cast 5,719) Carol Fischer 2,760 Richard W. Halley 2,938 Miscellaneous write-ins 21 COUNCILMEMBER A'>C LARGE (Total votes cast 8,226) Edward G. Lindbloom 2,151 Kay Harrison 2,988 Becca Croft 3,034 Miscellaneous write-ins 53 Section 2. Pursuant to the foregoing election results, certified to by the Jackson County Clerk and canvassed and ratified by the City Council by this resolution, it is hereby found, determined and declared that the following are the official results of the general election held on November 2, 2004. MAYOR COUNCIL MEMBER WARD IV COUNCIL MEMBER AT LARGE COUNCIL MEMBER AT LARGE Henry (Hank) Williams Richard Halley Becca Croft Kay Harrison Section 3. The City Administrator is hereby ordered and directed to issue certificates of election to the persons declared elected in Section 2 above within thirty (30) days after the effective date of this resolution. Passed by the Council and signed by me in authentication of its passage this 9th day of December, 2004. . Mayor Hank Williams ATTEST: City Recorder, Deanna Gregory Approved by me this day of , 2004. Mayor Hank Williams -4- PLANNING DEPARTMENT MEMORANDUM DATE: December 9, 2004 TO: Honorable Mayor & City Council FROM: Tom Humphrey AICP, Community Development Director SUBJECT: Ordinance No. , (Single Reading) An Ordinance Concerning Real Property Compensation; Adopting Procedures for Processing Claims; Declaring and Emergency; and Providing an Immediate Effective Date (Ballot Measure 37 Implementation). Resolution No. , A Resolution Amending the Central Point Planning Department Fee Schedule (to Add a Claim Processing Fee). Background The Oregon electorate passed Ballot Measure 37 on November 2, 2004 with an effective date 30 days thereafter on December 2, 2004. The measure authorizes property owners to file a claim with a local government that has enacted or enforced a land use regulation that restricts the use of private real property and that reduces the value of that property. In an effort to provide guidelines for processing such claims in the City of Central Point, the Planning Department has adapted a model ordinance for this purpose. A companion Resolution has also been prepared to amend the Planning Department Fee Schedule to add a Measure 37 Claim Processing Fee. Discussion The City of Central Point is following other Oregon jurisdictions by creating a structure to process Ballot Measure 37 claims that may be filed by property owners. The League of Oregon Cities prepared a sample ordinance that has been customized for adoption in Central Point. The new ordinance covers the following sections recommended by the League including: 1) Purpose; 2} Definitions; 3) Claim Filing Procedures; 4) City Administrator Investigation and Recommendation; 5) City Council Public Hearing; 6) City Council Action on Claim; 7) Processing Fee; and 8) Effective Date. The new ordinance language has been reviewed by the City Attorney who concurs with the direction the Planning Department has taken. At our Attorney's recommendation, staff chose to exclude language clarifying. `Private Cause of Action' because it appears self explanatory. Language is included in the ordinance that clarifies those land use regulations that are exempt from the measure. The City Council is holding this single public hearing to consider the new ordinance. The ordinance is merely intended to provide structure for local implementation of the Ballot Measure and to compensate City staff whose time will be given to process new claims. Action The Council may take public testimony, declare an emergency and adopt this ordinance and a companion resolution, if it finds no objections or errors in its preparation. Attachments 1. League of Oregon Cities, Summary of Measure 37, prepared by Glenn Klein of Harrang Long Gary Rudnick P.C. -5- 2. Ordinance No. ~, An Ordinance Concerning Real Property Compensation; Adopting Procedures for Processing Claims; Declaring and Emergency; and Providing an Immediate Effective Date (Ballot Measure 37 Implementation). 3. Resolution No. J, A Resolution Amending the Central Point Planning Department Fee Schedule (to Add a Claim Processing Fee). -6- LEAGUE OF OREGON CITIES 2004 CONFERENCE BALLOT 1VIEASURE 37 GLENN KLEIN SUMMARY OF MEASURE 37 An owner of property (or interest in property, like a lease) is authorized to file a claim with a government that enacts or enforces certain types of land use regulations, if the regulations restrict the use of private real property, and if the restriction reduces the value of the property. Claims generally must be filed with the governmental entity within two years of the ` regulation's enactment or enforcement. Not all regulations are covered. Local regulations that are covered (state requirements also covered) are.. as follows: • "comprehensive plans," "zoning ordinances," "land division ordinances" and "transportation ordinances" • Metropolitan service district regional framework plans, functional plans, planning goals and objectives • existing as well as new regulations (i.e., the Measure is retroactive) 'The following regulations are exempt from Measure 37 - i.e., the Measure does not require a government to waive or compensate for them even if they reduce the value of the property: • . restrictions on uses commonly and historically recognized as public nuisances under common law • restrictions to protect public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations • restrictions required to comply with federal law • restrictions on use of property to sell pornography.or perform nude dancing • regulations enacted prior to the date of acquisition of the property by the owner or a family member Within 180 days of a property owner filing a valid Measure 37 claim, a city may: • pay "just compensation" (equal to reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation) and continue to apply and enforce the regulation; or • modify, remove or not apply the regulation to allow the owner to use the property for. a use permitted at the time the owner acquired the property. If the governmental entity does not pay or waive a claim within 180 days, the property owner may file a lawsuit to obtain compensation, and likely wilt now be entitled to reasonable attorneys' fees, expenses and costs. The government probably can waive or modify the regulation even after the lawsuit is filed. However, the property owner probably will be entitled to attorneys' fees, costs and other expenses even if government waives or modifies the restriction after the lawsuit is filed. The government can adopt or apply procedures for processing claims, but the procedures may not act as a prerequisite to the: filing of a compensation claim in court. -'] _ OPTIONS FOR LOCAL GOVERNMENT The following are some of the concepts that city councils may want to incorporate into an ordinance to address issues raised by Measure 37. The legal risks vary for the different components. Before deciding to implement one of the concepts, you should check with your city attorney about both the risks and the city's charter authority to incorporate the concept. • Claims process: Process could define minimum requirements for filing a claim, the fees that will be charged for processing the claim, and the decision-maker for denial or approval of a claim. • Fees for processing claims: Consider creating a fee that recovers the city's actual cost (similar to handling public records requests), with billing at conclusion of process, and use of collection action or property lien to ensure collection. • Transfer of property voids waiver: Make "waiver" of regulation personal to the claimant, thereby resulting in the waiver becoming void if the property changed hands after a waiver was obtained. • Record wai verand restrictions on property: If waiver is voided upon transfer, consider recording on property a document that puts purchasers and lenders on notice that waiver will be voided if property is transferred. • Create private cause of action: Granting a waiver to a claimant may result in a reduction in the value of a neighbor's property. Depending on the powers granted by a city charter, a city council maybe able to create a "private cause of action" (i.e., an ability to file a lawsuit) allowing the neighbor to sue the claimant to recover the reduction in the neighbor's property caused by the claimant's waiver, as well as attorneys' fees. What to do before effective date of the Measure (December 2): Adopt claims processing ordinance (at least if fees are to be charged). Identify where claims should be filed. Decide how staff should respond to requests for information about prior regulations. Get an appraiser on retainer. What to do not long after the Measure takes effect: • Discuss w/county handling of claims for property in urban transition area/urban growth boundary area. • Decide as a general matter whether valid claims will result in compensation, or waiver or modification of regulations. • Decide as a general matter whether to track possible waivers in nearby jurisdictions that could impact city. • Review work plans for "land use regulations" and comprehensive plan amendments to decide whether projects should go forward. A longer paper regarding Measure 37, including a sample implementation ordinance, also will be handed out at the League of Oregon Cities conference. That paper will also be available at www.harran~.com and _www orcities.or~/currentissues/m37.cfm. As we gain more experience with Measure 37, we will continue to update that longer' paper and will post the updated paper on the website. PORTLAND • SALEM • EUGENE www.harrana.com (541} 485-4224 -$- ~~ ORDINANCE NO. - AN ORDINANCE CONCERNING REAL PROPERTY COMPENSATION; CREATING SECTION 17.98 OF CPMC; ADOPTING PROCEDURES FOR PROCESSING CLAIMS; AND DECLARING AN EMERGENCY. (Ballot Measure 37 Implementation) RECITALS: 1. The City of Central Poirrt ("City") is authorized under Oregon Revised Statute (ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. 2. The State electorate passed Ballot Measure 37 on November 2, 2004 which authorizes property owners to file a claim with a local governmentthathas enacted or enforced a land use regulation that restricts the use of private real property and that reduces the value of the property. 3. Pursuant to the authority granted by the City charter and the Oregon Revised Statutes and in anticipation of the receipt of land use claims, the City has determined to amend the Central Point Municipal'Code to create a procedure for processing such land use claims. 4. Pursuant to the requirements set forth in CPMC Chapter 1.24, the City has conducted the following duly advertised public hearings to consider the proposed ordinance: (a) City Council hearing on December 9, 2004. Now, therefore; THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, IDO ORDAIN AS FOLLOWS: Section 17.98.010. Purpose. This Real Property Compensation Ordinance is intended to implement the provisions added to Chapter 197 of Oregon Revised Statutes by Ballot Measure 37 (November 2, 2004). These provisions establish a prompt, open, thorough and consistent process that enables property owners an adequate and fair opportunity to present their claims to the City; preserves and protects limited public funds; ,and establishes a record of the City's decision capable of circuit court review. Section 17:98.020. Definitions. As used in this Ordinance, the following words and phrases mean: City Administrator. The City Administrator of the City of Central Point, or his/her designee. Claim. A claim filed under Ballot Measure 37. 1 - Ordinance No. (120904) _g_ Exempt Land Use Re lgu ation• Aland use regulation that: (a) Restricts or prohibits activities commonly and historically recognized as public nuisances under common law; (b) Restricts or prohibits activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations; and pollution control regulations; (c) Is required in order to comply with federal law; (d) Restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing; or (e) Was enacted prior to the date of acquisition of the property by the owner or a family member of the owner who owned the subject property prior to acquisition or inheritance by the owner, whichever occurred first. Family Member. Includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father- in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the property, an estate of any of the foregoing family members, or a legal entity owned by any one or combination of these family members or the owner of the property. Land Use Regulation. Includes: (a) Any statute regulating the use of land or any interest therein; (b) Administrative rules and goals of the Land Conservation and Development Commission; (c) Local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances; (d) Metropolitan service district regional framework plans, functional plans, planning goals and objectives; and (e) Statutes and administrative rules regulating farming and forest practices. Owner. The present owner of the property, or any interest therein. Valid Claim. A claim submitted by the owner of real property that is subject to a land use regulation adopted or enforced by the City that restricts the use of the private real property in a manner that reduces the fair market value of the real property. 2 - Ordinance No. (120904) -10- Section 17.98.030. Claim Filing Procedures. (1) A person seeking to file a claim under sections 1-7 of this ordinance must be the present owner of the property that is the. subject of the claim at the time the claim is submitted. The claim shall be filed with the City Administrator's office, or another City office if so designated by the City Administrator. (2) A claim shall include: (a) The name(s), address(es) and telephone number(s) of all owners, and anyone with any interest in the property, including lien holders, trustees, renters, lessees, and`a description of the ownership interest of each; (b) The address, tax lot, and legal description of the real property that is the subj ect of the claim, together with the title report issued not more than 30 days prior to the submission of the claim that reflects thte ownership interest in the property, or other documentation reflecting sole ownership of the property by the claimant, and the date the property was acquired; (c) The current land use regulation(s) that allegedly restricts the use of the real property and allegedly causes a reduction in the fair mazket value of the subject property; (d) The amount of the claim, based on the alleged reduction in value of the real property supported by an appraisal by an appraiser licensed by the Appraiser Certification and Licensure Boazd of the State `of Oregon; and (e) Copies of any leases or Covenants, Conditions and Restrictions (CCRs) applicable to the real property, if any, that impose restrictions on the use of-the property.. (3) Notwithstanding aclaimant's failure to provide all of the information required by subsection (2) of this section, the City may review and act on a claim. .Section 17.98.040. -City Administrator Investigation and Recommendation. (1) Following an investigation of a claim, the City Administrator shall forward a recommendation to the City Council that the claim be: (a) Denied; (b) Investigated further; (c) Declared valid, and waive or modify the land use regulation, or compensate the claimant upon completion of an appraisal; or (d) Evaluated with the expectation of the City acquiring the property by condemnation. (2) If the City Administrator's recommendation is that a claim be denied, and no elected official informs the City Administrator within 14 days-that the official disagrees, then the City Administrator may deny the claim, If an elected official objects,-then the City Administrator 3 - Ordinance No. (120904) -11- shall wait an additional seven days'to see whether two more elected officials object to the = proposed denial. If they do, then the City Administrator shall schedule a work session with the City Council. If not, the City Administrator may deny the claim. Section 17 98 050. City Council Public Hearing, The City Council shall conduct a public hearing before taking final action on a recommendation from the City Administrator. Notice of the public hearing shall be provided to the claimant, to owners and occupants of property within 300 feet of the perimeter of the subject property, and neighborhood groups or community organizations officially recognized by the City Council whose boundaries include the subject property. Section 17 98 060. City Council Action on Claim. (1) Upon conclusion of the public hearing, and prior to the expiration of 180 days from the date the claim was filed, the City Council shall: (a) Determine that the claim does not meet the requirements of Measure 37 and this Ordinance, and deny the claim; or (b) Adopt a Resolution with findings therein that supports a determination that the claim is valid and either direct that the claimant be compensated in an amount set forth, in the Resolution for the reduction in value of the property, or remove, modify or direct that. the challenged land use regulation not be applied to the property. (2) The City Council's decision to waive or modify a land use regulation or to compensate the owner shall be based on whether the public interest would be better served by compensating the owner or by removing or modifying the challenged land use regulation with respect to the subject property. (3) If the City Council removes or modifies the challenged land use regulation, it may, at its discretion, put back into effect with respect to the subject property, all of the land usr regulations in effect at the time the claimant acquired the property. (4) A decision by the City Council to remove or modify a land use regulation shall be personal to the claimant(s) and shall automatically become invalid and void upon the transferor any ownership interest in the subject property by the claimant to anyone. Section 17.98.070. Processing Fee. (1) The City Administrator shall charge a flat fee and shall also maintain a record of the City's costs in processing a claim, including the costs of obtaining information required by Section 17.98.030 of this ordinance which a property owner does not provide to the City. Following final action by the City on the claim at the local level, the. City Administrator shall send to the property owner a bill for the actual costs, including staff and legal costs, that the City incurred in reviewing and acting on the claim. (2) If the property owner does not pay the amount due within 30 days, then the City shall pursue collection, including filing a lien on the property. 4 - Ordinance No. (120904) -12- Section 17.98.080. Effective Date. Due to the passage of Measure 37 at the General Election on November 2, 2004 with an effective date 30 days thereafter, the City Council declares it is necessary for the preservation of the public health, welfare and safety for this Ordinance to have immediate effect. Therefore, this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the Council and signed by me in authentication ofits-passage this day of 2004. Mayor Hank Williams ATTEST: City Representative Approved by me this day of , 2004. Mayor Hank Williams 5 - Ordinance No. (120904) -13- ~~2~e~r~~r 3< RESOLUTION NO A RESOLUTION AMENDING THE CENTRAL POINT PLANNING DEPARTMENT FEE SCHEDULE WHEREAS, the Central Point City Council deems it appropriate tcadd a processing fee for Ballot Measure 37 claims that are filed against the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. The City of Central Point Planning Department Fee Schedule, is hereby amended as shown on Exhibit "A", which is attached hereto and by this reference incorporated herein, effective onDecember 9, 2004. Passed by the Council and signed by me in authentication of its passage this day of , 2004. Mayor Hank Williams ATTEST: City Representative APPROVED by me this day of . , 2004 Mayor Hank Williams -14- EXHIBIT "A" City of Central Point Planning Department Fee Schedule FY 2004-2005 Type of Action CPMC Section Adopted Fee Annexation 01.20.040 $600.00* Right of Way Vacation 12.28.020 $400.00 Variance (fence) 15.20.080 $350.00 Tentative SubdivisionPlan 16.10.010 $500.00+$25/lot Minor Land Partition 16.10.010 $300.00 Final Plat Application 16.12.020 $250.00+$10/lot Non-Conforming Zone Reclassification Application 17.56.040 $200.00 Home Occupation 17.60.190 $ 50.00 PUD Application 17.68.030 $500.00 Site Plan Review (staff level) 17.72.021 $ 50.00/permit Conditional Use Permit 17.76.011 $400.00 Comp Plan Amendment $650.00 Site Plan Review (P/C) 17.80.010 $350.00 Lot Line Adjustment $400.00 Variance (staff level) 17.80.010 $ 75.00 Variance (P/C) 17.80.010 $350.00 Zone Change 17.88.030. $500.00 Appeals to Council $200.00** Ballot Measure 37 Claim 17.98.070 $250.00*** Amendments to Approved.Plans $250.00 Address Change Request $ 50:00/unit Planning Review of Building Permits $ 20.00/set GIS Map (Large) $ 15.00 each GIS Map (Medium) $ 10.00 each GIS Map (Small) $ 5.00 each * $400.00 of the fee collected by the City is returned to Jackson County to process the annexation **(or %2 original fee, whichever is less) *** plus any additional fees. incurred by City staff to complete the process -15- PLANNING DEPARTMENT STAFF REPORT DATE: December 9, 2004 TO: Honorable Mayor & City Council FROM: Tom Humphrey AICP, Community Development Director SUBJECT: Annexation of Territory Known as 37 2W 02AA Tax Lot 2800 (Artner Annexation) Owners: Ron Miller, Auplicant(s): Miller Family Trust Post Office Box 196 Eagle Point, OR 97524 Artner Investment Properties, LLC Post Office Box 609 Jacksonville, OR 97530 A ent s : Cael Neathamer Post Office Box 1584 Medford, Oregon 97501 Summary: The project consists of the annexation of approximately 8.74 acres located on the east side of Gebhard Road and north of Beebe Road (Exhibits 1 & 3). The applicant has submitted a draft site plan to illustrate how" he intends to develop the property once annexed to the City. Authority: CPMC 1.24.020 vests the City Council with the authority to order the annexation of unincorporated territory within the Urban Growth Boundary into the City of Central Point. If all property owners within the annexation territory consent to the annexation along with the majority of the electors who reside within the annexation territory, the City Council may order the annexation without notice, hearing or election. Anulicable Law: ORS 222.125 Annexation by consent of all owners of land and majority of electors; proclamation of"annexation. CPMC 1.20 Annexation Procedure. Background: The owner and applicant are represented by Cael Neathamer, the surveyor who prepared the annexation documents. A coordinated `master plan' has been devised for the development of residential land north of Beebe Road between Gebhard and Hamrick Roads (see Exhibit 2). Annexation will be followed by a comp plan amendment, zone change and subdivision. -16- Annexation Criteria 1. Written Consents: The annexation application includes written consent to annex from 100% of the property owners and a majority of the electors within the annexation territory. Ron Miller, the Trustee for the Miller Family Trust and the property owner of record, has signed the annexation petition which is evidence of written consent to annexation (Exhibit 4). Accordingly, pursuant to ORS 222.124 and CPMC 1.24.020, the City Council may order the annexation without notice, hearing or election. 2. Within Urban. Growth Boundary~iJGB): The annexation territory is within the Urban Growth Boundary of Central Point in compliance with the City-County Urban Growth Boundary and Policy Agreement of September, 1984 and amended in 1998. 3. Contiguous to Cit~Limits: Pursuant to ORS 222.111, territory proposed for annexation must be contiguous to the City or separated from it only by a public right-of-way or a stream, lake or other body of water. The subject annexation area is contiguous to the City of Central Point along approximately 383 feet of a common boundary with Green Valley Estates as it runs east and west. 4.Orderly. Provision of Public Facilities: The City-County Urban Growth Boundary and Policy Agreement requires that, in considering an annexation, urban facilities and services must be adequate in condition and capacity to accommodate the additional level of growth allowed by the Comprehensive Plan within the annexation area prior to or concurrent with the development. Public Works has reviewed the existing public facilities and their proximity to the annexation area and concluded that public facilities can be provided or extended to the site. Any future enhancements of these facilities made necessary by development of the annexation area will be the responsibility of the developers and regulated through the City's land use application process. This will result in an orderly provision of public facilities to the annexation area. Exhibits• 1. Central Point Zoning Map 2. Site Plan 3. Preliminary Plat for Annexation 4. Completed Application for Annexation and Signed Annexation Petition 5. Metes and Bounds Legal Description of Subject Property 6. City Council Resolution Ordering Annexation -17- City Zoning _i z~ i~ ~~®®®®d®-9 °' Err ~I~ il~ ~ _r~~ jl I. T------------{I ~ ~~ s ~I ~I o - .j I - I I jl ~ 5~1 n, '' - ~~f } ~~ ~~ _.~ i _ f€~~ } P i $ ~4i~jjftgA ~~~:~ Y ~~ ~ °~ a ~ ~-~ ~ ~Iz t ~ ~ I~ '~ ~~ :~ ~~ V ~ ~'' r~ ~'~~+i~ ~~~j ~~~ ~~ -19- ~x~i6it 3 ~~ner annexation To ~e c~istri~uted at t~e meeting -20- cia a La~,rittvl~ i~ ViC K1V1VL~ 1iE1! 1V1r1 ~~~ ®~ ®~ JIB CITY OF CENTRAL POINTPLANMNG DEPARTMENT DATE STAMPED FOR OFFICE USE ONLY . • ' 1. APPLICANT INFORMATION . ' NametArtner Investment pro erties LLC Address: .P . O . sox 6 0 9 _ 'City; .:.Jac sonv e • ;Mate: Oregon Zip Code: ~.:. - Telephone; Business: 5 41 - 2 4 5- 9 4 4 8 Residence: 2. AGENT INFORMATION Name:Cael Neathamer Address: 3126 State Street Suite 200 P.O. Box City: Medford, State:Oregon Zip Code: 9 50 Telephone: Business: 5 a 1- 7 3 2= 2'8 6 9 Residence: ~, 3.OWNER OF RECORD (Attach Separate Sheet If More Than e). Name: Ron Miller Trustee, Miller Falrt~I:~`• Trust Address: P . o . Box 19 6 City: Eagle Point State: Oregon Zip Code: 97524 Telephone: Business: 5 41- 8 2 6 -14 2 3 Residence: 4. PROJECT DESCRIPTION Type of Planned Development: Township• 37 Range: 2bt! Section: 02 /U4 Tax Lots• 280 Address• Township• Range• Section• Tax IAts; Address: Township: Range• Section• Tax Lots: Address: Planned Zoning District: o7gcaucon:i Cn. ~ egFU •, Total Acreage: 8•"14- hag • Total Number of Existing Dwelling Units: Q 5. REQUIRED DOCUMENTS ^ This application form ^ Application fee (See Current Fee Schedule) ^ Preliminary Plat o Written authority from Property Owner if Agent in application process. ^ Annexation Petition ^ 'Legal Description of extension boundary of proposed annexed territory 6. I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLANS AND DOCUMENTS SUBIVITTTED HEREWTTH ARE TRUE, CORRECT AND ACCURATE TO TAE REST OF MY I,~VOWLEDGE. I certify that I am the: ~ Property Owner or ° Authorized Agent of the Owner of the proposed project site. Signature (,dt,Q i; . f'1,1,e1~PYlAM.tu Date 9 -?.~1---0~4- If any wetlands exist on the site, it Is the applicant's responsibility to apply for a permit to Divialon of FOR PLANNING DEPARTMENT USE ONLY ____~ Application Accepted as Complete on: 120'" day of Land Use of Limited Land Use Decision: Land Use Case File Number. UPON FORMALLYACCEPTING YOUR APPLICATION, TXE PUNNING DEPARTMENT WILL MAIL d COPYOF TH1S FORM TO YOU. ' _ Rnv(itd 09 Auguat,~2001 _ 2 1 _ ~Qr ~• ~~ +cacop neaLnemer Surveying. Iro. [St11732 13@2 p.4 ~~ It>c ~Y sad t~naeat m Ate mntexadou tD Ate CSIY of CaUtol ['Dial, Oregon, of tlto reef pr~tr Doutignota tttado is i~il "A" attached herao ~ ~, ~ n:fecatcc made a part of the vvifhbt peti/ioo, • ay ~ m! ~~ tEro tmdetaigaad oetf~ thet they ere eitber"owners°of land in the territory P~posed so ba anueued es da+m-b~od iai Btthibi! "A" or,me'elec[crs" tigistacd is the tarrit0[y ptopostd to f76 arotawd as desuibed in ~It "~°. t ~f}U6 t~tl~. ecaalmpg ~ 1'bQta3at and eoasat to said ~ be filed with Iha ~~ ~~ C1tY Comxx't au or tadtm tht data of tLs pabjlc Iraving to 6e hsTd upon the ptvposed senmcatiau purattattt to ORS 222.120. ~ "Owaer" he defined by ORS 222. t20 as @10 oan<r of ttimrd ar* whrlo than Is a recorded Isod aaLich is in farce, $e pwdtatur there u~ It't4ae is maldpk ~'°~P ~ _ ~ ~~ ~- coaseutiog_a ~ he ~ a i of the same oxte~t as the fib o~ftltQOSVnertathe taadhettrt ip ~~ ht~avat~9teatharowtxrs,sod rho ~ hactfa~ s)~} Ge applied to the pad's Latft mass 5orpm ofttte eoosoat a ooepotution owes faetd is a toeitory ptpposotl to Ua p~+. It to be the htdl~duat owner a~thet feud. ~°~ ~° aha$ 6naoed "l~ectoc" ist[eSmedlaratdt~eas snQ~ ~m~rNriiolsll; Soetion 2 ofths Oiat;.vetrieh hf ttun:iagoi[es thettlte ia~viit[ 60182ranafa0e orolder. s teaidemt a[ Elte area ~ 4 ~ ~aod 1Q was as ~ atAOS law FuK6et~o~. t)RS Z~tt7t>(~ ~~ that eteeoas p ~ 6eed i~ the tarrimq pm~d to be anngeed. Miller Famil}y}~~eTrast, ie t'[sYIIG ~A3.iler pY}fine; y Annexation Petition (I208t[~ -22- ~~theb~k ~ ~ NfATHAMfR SURVEYING, INC. ANNEXATION BOUNDARY DESCRIPTION Beginning at a point 958.99 feet West (Record: 14.53 chains), and 134.53 feet South .(Record: 2.04 chains) of the Northeast corner of Section 2 in Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon; thence West 3 84.75 feet to the centerline of Gebhard Road, a public road; thence along the centerline of said road, South 00°05'31" East, 991.48 feet to intersect the projection of the North line of that tract described in Volume 264,-;Page 633 of the Deed Records of Jackson County,. Oregon; thence leaving said centerline and along said north line, East. 383.15 feet; thence leaving ..said north line, North 991.48 feet (Record: 15.17 chains), to the Point of Beginning. Containing 8.74 acres, more or less. Basis of bearings for this description is Geodetic North based on WGS datum, attained by Global Positioning System (GPS) observations. Basis applied to the. North Line of Donation Land Claim No. 55 in said Township and Range. NEATHAMER SURVEYING, INC. 3126 State Street, Suite 200 PO Box 1584 Medford, Oregon 97501 Phone: (541) 732-2869 Fax: (541) 732-1382 REGISTERED PROFESSIONAL LAND SURVEYOR ~ . r1.A.dt~1~t. un1[n OREGON JULY 09, 2001 CAEL E:. NEATHAAAER `LS 5&545 RENEWAL• DEC. 31, ~" 3126 State Street, Suite 200 P.O. Box 1584 Medford, OR 97501-0120 Bus: 541-732-28~ S fax: 541-732-1382 RESOLUTION NO : A RESOLUTION DECLARING THE ANNEXATION OF 8.74 ACRES OF LAND LOCATED ON THE EAST SIDE OF GEBHARD ROAD, AND NORTH OF BEEBE ROAD INTO THE .CITY OF CENTRAL POINT, OREGON (Applicant(s): Artner Investment Properties, LLC (37 2W 02AA; TL 2800) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Application has been made by the owners of certain real ,property for annexation into the City of Central Point, Oregon. The property consists bone tax lot and road right of-way totaling approximately 8.74 acres. The property to be annexed is more particularly described as follows: Beginning at a point 958.99 feet West (Record: 14.53 chains), and 134.53 feet South (Record: 2.04 chains) of the Northeast corner, of Section~2 in Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon; thence West 3 84.75 feet to the centerline of Gebhard Road, a public road; thence along the centerline of said road, South 00°05'31" East, 991.48 feet to intersect the projection of the North line of that tract described in Volume 264, Page 633 of the Deed Records of Jackson County, Oregon; thence leaving said centerline and along said north line, East 383.15 feet; thence leaving said north line, North 991.48 feet (Record: 15.17 chains), to the Point of Beginning. Containing 8.74 acres, more or less. The above described property is not within the City of Central Poiri't~ Current corporate boundaries, but is contiguous to the Citys existing corporate boundary and is within the Central Point Urban Growth Boundary (UGB). Section 2. The owner of the property proposed for annexations Ron Miller, Trustee for Miller Family Trust, and there is mutual consent to the annexation. Such written consent is on file at Central Point City Hall,. 155 South Second Street, Central Point, Oregon. Section 3.ORS 222.125 provides that when all of the owners of land in the territory proposed for annexation and not less than 50% of the electors residing in such territory have consented in writing to the annexation of the land in the territory and fife such written consent with the City Council, the property may be annexed without the requiremen~r an election or a public hearing. -24- Section 4. Annexation of the described property is consistent with the Cit3is ability to provide facilities. and services to the real property, as required by the Cites Comprehensive Plan. Section 5. Pursuant to ORS 222.125, the property described in Section 1 above, shall be and hereby is, annexed to and made part of the City of Central Point, Oregon. Section 6. The City Administrator, or his designee, shall transmit a copy. of this resolution to the Oregon Secretay of State, and this annexation shall be effective when filed with he. Oregon Secretary of State pursuant to ORS. 222.180. . Passed by the Council` and signed by me in authentication of its passage this day of , 2004. Mayor Hank Williams ATTEST: City Representative APPROVED by me this day of .2004. Mayor Hank Williams -25- PLANNING DEPARTMENT STAFF REPORT DATE: December 9, 2004 TO: Honorable Mayor & City Council FROM: Tom Humphrey AICP, Community Development Director SUBJECT: Annexation of Territory Known as 37 2W 02AA Tax Lots 2700 & 2701 (Duncan Annexation) Owners: Albert & Susan McMurray, Apulicant(s): 718 Beebe Road Central Point, OR 97502 Duncan Development, Inc. 25 South Front Street Central Point, OR 97502 A ent s : Tony Weller 15573 SW Bangy Road, Suite 300 Lack Oswego, Oregon 97035 Summary: The project consists of the annexation of approximately 20.14 acres located on the east side of Gebhard Road and north of Beebe Road (Exhibits 1 & 3). The applicant has submitted a draft site plan to illustrate how he intends to develop the property once annexed to the City. Authority: CPMC 1.24.020 vests the City Council with the authority to orderthe annexation of unincorporated territory within the Urban Growth Boundary into the City of Central Point. If all property owners within the annexation territory consent to the annexation along with the majority of the electors who reside within the annexation territory, the City Council may order the annexation without notice, hearing or election. Applicable Law: ORS 222.125 Annexation by consent of all owners of land and majority of electors; proclamation of annexation. CPMC 1.20 Annexation Procedure. Background: The owner and applicant are represented by Tony Weller, the consultant who prepared the annexation documents. A coordinated `master plan' has been devised for the development of residential land north of Beebe Road between Gebhard and Hamrick Roads (see Exhibit 2). Annexation will be followed by a comp plan amendment, zone change and subdivision. -26- Annexation Criteria 1. Written Consents: The annexation application includes written consent to annex from 100% of the property owners and a majority of the electors within the annexation territory. Albert and Susan Mc1Vlurray, the property owners of record, have signed the annexation petition which is evidence of written consent to annexation (Exhibit 4). Accordingly, pursuant to ORS 222.124 and CPMC 1.24.020, the City Council may order the annexation without notice, hearing or election. 2. Within Urban Growth Boundary (iJGB~ The annexation territory is within the Urban Growth Boundary of Central Point in compliance with the City-County Urban Growth Boundary and Policy Agreement of September, 1984 and amended in 1998. 3. Contiguous to City Limits: Pursuant to ORS 222.111, territory proposed for annexation must be contiguous-to the City or separated from it only by apublicright-of--way or a stream, lake or other body of water. The subject annexation area is contiguous to the City of Central Point along approximately 380 feet of a common boundary with the Miller property as it runs east and west. 4.Orderly Provision of Public Facilities: The City-County Urban Growth Boundary and Policy Agreement requires that, in considering an annexation, urban facilities and services must be adequate in condition and capacity to accommodate the additional level of growth allowed by the Comprehensive Plan within the annexation area prior to or concurrent with the development. Public Works has reviewed the existing public facilities and their proximity to the annexation area and concluded that public facilities can be provided or extended to the site. Any future enhancements of these facilities made necessary by development of the annexation area will be the responsibility of the developers and regulated through the City's land use application process. This will result in an orderly provision of public facilities to the annexation area. Exhibits• 1. Central Point Zoning Map 2. Site Plan 3. Preliminary Plat for Annexation 4. Completed Application for Annexation and Signed Annexation Petition 5. Metes and Bounds Legal Description of Subject Property 6. City Council Resolution Ordering Annexation _27_ Ci Z®~z ' ~y in PWwlation 14,750 N ~Y of l:en7al Point .laa~«, smartrmap W E This map is tr~tendetl for planning punwses ony. some paroels are not repreaer,tad in uas mom. S oMn zz r1ovE~ zoos ~~g.~a I I I R-1-8 ~~ ~, a ..~awESr , ~. ~ , .e. ~•-• r• ~- N DONE MORIAI PARK Y~og~ ~~~~ ~g~ B ~y~~ 44 ~9 LT1 y ~~ z !~~ ~ 1 ~'-1 1 I I cC -- - ~~s ~ ~ 1 ~V A~ ~m ~RY ~~II• ~~ O4 ~ CN ~ ~~ ~ ~ ~ ' II ~ ~ d =0 t ~ t ~ t ~i ~~ i ~ ~ ~ I It ~ ~ ~ ~ t L - __ -~. I I I r V ~ ~~8 ~ r~r B ~~x ~ ~ I ~ 8 ~ ~~ r"-~__ ~ a r r r ~s a x ~ 4 ~~ r----~ ~, ` ~i ~_~ ~ a I ~ ~.. -~ ~ Ij $+ ~ ~ ~.l.~l ~.y__l_~1~1~J p~~ ~ i II ~ •u~ ~ i.~lA~~i~4;~~~~i~Cai~ ~~ i~q I ~ ~3 I i1F-~ ; ~---- ar -----"T-- v ~ ~~ ~~'~ ~ ~ (~~ TAT.. d ~ ~$ ~ III ~"""~a 1 I~ I ~~ ~~ ~~ Mq 8~ B6 s $ COI; ~ 4 ss ~ I) ~~_ ~a7 ~_~ trl C•~a-~ 4 Iv91+r1 _ .L.L~J ' ir_ Bn I i~ ~ 0 r 4i ' ~I E~ a r r r r r x ~~a ~ ~ !~ ~-'~ -~ .fir ~ -,f~ T~~T-~+-~~ ~ r- ~~.II~~yy~ ~r~~ $~s 1 I I fos ®® ; ~tl 1 ~ 1 y ~' ~ Q _ ~ _ e _ _...~ ._~ . ~' ~ I ~~~ ~~ ~I v `\ e~ ~~ ~ ~ r ~ ~ ~j, ~ ~ ~ 1 .I ~ $B58 ` `~.~ ~'~-Lr_ _ ~ mac. ~, ~~ ~~a ~a r vn~ N~ o ~ ~~a >> W 'v p ^' ~`~o~ N~~ ~+' ~~`° o --- y O O '' d .* Y r''~~~ 0 §s ~ N~o Zc v~~~0 0~3~~ rt ~ ~ V ~ ~ ~ O ~ O .A-- a> ~ N ~ N 'C ~~n ~° e i g =--- ° 0 TD V O m D _29_ ~xhibit 3 Duncan annexation To 6e c~istri6ute ~ at t~e meeting -30- • APPLICATION FOR ANNEXATION CITY OF CENTRAL POINT PLANNING DEPARTMENT V11~I1 ~ DATE STAMPED FOR OFFICE USE ONLY Name: Mike Duncan -Duncan Development, Inc. Address: 25 South Front Street City: Central Point State: Oregon Zip Code: 97502 Telephone: Business: 541-665-5263 E-mail: duncandevelonmentCu~charter.net 1. APPLICANT INFORMATION 2. AGENT INFORMATION Name: CESNW - Kirsten Van Loo or Tony Weller Address: 15573 SW Bangy Road, Suite 300 City: Lake Oswego State: Oregon Zip Code: 97035 Telephone: Business: 503-968-6655 E-mail:. kvanloo(a~cesnw.com twellerna,cesnw.com 3.OWNER OF RECORD (Attach Separate Sheet If More Than One) Name: Albert McMurray and Susan McMurray Address: 718 Beebe Road City: Central Point State: Oregon Zip Code: 97502 Telephone: Business: ~2f - ~~~G Residence: f'~~ ~~ Q-y~ 4. PRO]ECT DESCRIPTION Type of Planned Development: Residential Subdivision Development Township: 37S Range: 2W Section: 02 Tax Lots: 2700 and 2701 Address: 7l8 Beebe Road, Central Point, Oregon 97502 Planned Zoning District: Residential Total Acreage: approximately 19 acres Total Number of Existing Dwelling Units: one This apphcahon form f~,Application fee (See Current Fee Schedule) ~~/ Preliminary Plat ntten authority from Property Owner if Agent in application process. ~J~(J~ ry( y,ec(G annexation Petition S t 11.. Legal Description of extension boundary of proposed annexed territory S. REQUIRED CUMENTS ~' State lands before .any site work begins. FOR PLANNING DEPARTMENT USE ONLY Application Accepted as Complete on: 120`b day of Land Use of Limited Land Use Decision: Land Use Case File Number: . (,~~ ~_ UPONFORMALLYACCEPTING YOUR APPLICATION, THE PLANNING DEPARTMENT WILL MAIL A COPY OF THIS FORM TO YOU. 6. I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLANS AND DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I certify that am the: 1? Property Owner or ^x Authorized Agent of the Owner of the proposed project site. ~ (U- (, _% Signa ~ Date f'D ~ ~ -~b y If any wetlands exist on the site, it is the applicant's responsibility to apply for a permit to Division of :.Revised 09 August, 2001 -31- City of Central Point -Annexation Petition T'he undersigned hereby request and consent to the annexation to the City of Central Point, Oregon, of the real property contiguous thereto described in Exhibit `A' attached and' by this reference made a part of the within petition. By their signature hereto, the undersigned certify that they are either "owners" of land in the territory proposed to annexed as described in Exhibit `A' or are elector registered in the territory proposed to be annexed as described in Exhibit `A'. This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on or before'the date of the public hearing to be held upon the proposed annexation pursuant to ORS 222.120. "Owner" is defined by ORS 222.120 as meaning the legal owner of record or, where there is a recorded land contract which is in force, the purchaser thereunder. If there is multiple ownership in a parcel of land, each consenting owner shall be counted as a fraction of the same extent as the interest of the owner in the land bears in relation to the interest of the other owners, and the same fraction shall be applied to the parcel's land mass for purposes of the consent petition. If a corporation owns land in a territory proposed to be annexed, the corporation shall be considered to be the individual owner of that land. "Elector" is defined in said statute as an individual qualified to vote under Article II Section 2 of the Oregon Constitution, which in turn requires that the individual be 18 years of age or older, a resident of the area in question, and registered to vote as required by applicable state law. Furthermore, ORS 222.170(2) requires that electors petitioning for annexation be registered in the territory proposed to be annexed. Name: Property Owner or Elector: Signature: Date: Albert McMurray Property Owner (see attached Exhibit A) Date: ~~~~ Susan McMurray Properly Owner (see attached E 'bit A) (. v_t Date•~~6 Dy -32- EXHIBIT "" ~5 37 ~ .i"'1~'V lf~ ~V ~ N ~ Tex Lor l~ ~~~ ~N 37 2'M 02 TA2 LOT 60G 37 ~ ~ TA% L00 2601 37 211 02 iNt lDT 2600 ~. /3 Q •---~~. ~~ bd~ ~ ~ ANNEXATION BOUNDARY DESCRIPTION All that real property as contained in Document Number 01-17159 of the Official Records of Jackson County, Oregon; including to the centerline of Gabbard Road and Beebe Road, along the frontage of said document; being located in a portion of Donation Land Claim No. 55 and in the Norkheast One-quarter of Section 2, in Township 37 South, -Range 2 West of the Willamette Meridian, in Jackson County, Oregon, being more particularly described as follows: Commencing at a point 676.50 feet West and 99.00 feet North (Record: 10.25 chains West and .1.50 chains North), from the Northeast Corner of Donation Land Claim No. ss, in said Township, Range and Section, also being the northeast corner of that tract as contained in Volume 264 at Page .633 of the-Deed Records of Jackson County, Oregon; thence along the north line of said tract, North 90°00'00" West, 874.47 feet to intersect the west line of tract as contained in Volume 191 at Page sll of the Deed Records of Jackson County, Oregon; and the True Point of Beginning; thence continuing along aforesaid south line, North 90°00'00" West, 383.15 feet to intersect the centerline. of Gabbard Road, a public road; thence along said centerline, South 00°05'31" .East, 1005.63 feet to intersect with the centerline as described in Volume 174 at Page 89 of the Deed Records of Jackson County, Oregon; thence along last said centerline, South 17°42'44" East, 82.54 feet; thence leaning said centerline, South 00°00'00" East, 235.75 feet, being the southwest corner of aforesaid Volume 264 at Page 633; thence along the south line of said tract, North 90°00'00" East, 119.44 feet to intersect aforesaid centerline per Volume 174 at Page 89, being a point on a tangent curve concave to the northeast, having, a radius of 150.00 feet and a central angle of 50° 14'48" (the long chord of which bears. South 72°10'35" East, 127.37., feet); thence along the arc of said curve, 131.55. feet; thence leaving said curve, North 82°42'01" East, 122.05 feet to intersect the centerline of Beebe Road, a public road, being a point on a tangent curve to the southeast, having a radius of 286.48 feet and central angle of 08°59'01" (the long chord of which bears North 85°00'27"'East, 44.87 feet); thence along the arc of said curve, 44.92 feet; thence leaving said curve and continuing along said centerline of Beebe Road, North 89°29'58" East, 231.15 feet; thence leaving said centerline, North 00°00'00" East, 1323.69 feet to a point on the north line of tract as contained in Volume 269 at Page 566 of the Deed Records of Jackson County, Oregon; thence-along said the north line of said tract, North 90°00'00" . West, 281.17 feet to the southwest corner of tract of the aforesaid Volume 191 at Page sl l; thence along the west line of said tract, North 00°00'00" East, 13.86 feet to the Point of Beguuvng. Containing 20.14 acres, more or less. Basis of bearings for this description is Geodetic North based on WGS datum, attained by Global' Positioning System (GPS) observations. Basis applied to the North Line of Donation Land Claim No. ss in said Township and Range. REGISTERED NEATHAMER SURVEYING, IIVG PROFESSIONAL 3126 State Street, Suite 20o LAND SURVEYOR PO Box 1584 Medford, Oregon 97501 ~ ~ u Phone: (541) 732-2869 Fax: (54T) 732-1382 OREGON JULY 09, 2001 CAEL E. NEATHAMER LS 56545 RENEWAL DEC. 31, ~'i" -33- ~~h~~~ RESOLUTION NO A RESOLUTION DECLAR{NG THE ANNEXATION OF 20.14 ACRES OF LAND LOCATED ON THE EAST SIDE OF GEBHARD ROAD, AND NORTH OF BEEBE ROAD INTO THE CITY OF CENTRAL POINT, OREGON (Applicant(s): Duncan Development, Inc. (37 2W 02AA TL 2700 & 2701) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Application has been made by the owners of certain real property for annexation into the City of Central Point, Oregon. The property consist of one tax lot and road right of-way totaling approximately 20.14 acres. The propertyto be annexed is more particulariy described as follows: Commencing at a point 676.50 feet West and 99.00 feet North (Record: 10.25 chains West and 1.50 chains North), from the Northeast Comer of Donation Land Claim No. 55, in said Township, Range and Section, also being the northeast comer of that tract as contained in Volume 264 at Page 633 of the Deed Records of Jackson County, Oregon; thence along the north line of said tract, North 90°00'00" West, 874.47 feet to intersect the west line of tract as contained in Volume 191 at Page 511 of the Deed Records of Jackson County, Oregon, and the True Point of Beginning; thence continuing along aforesaid south line, North 90°00'00" West, 383.15 feet to intersect. the centerline of Gebhazd Road, a public road; thence along said centerline, South 00°05'31" .East, 1005.63 feet to intersect with the centerline as described in Volume 174 at Page 89 of the Deed Records of Jackson County, Oregon; thence along last:. said centerline, South 17°42'44" East, 82.54 feet; thence leaving said centerline, South 00°00'00" East, 235.75 feet, being the southwest corner of aforesaid Volume 264 at Page 633; thence along the south line of said tract, North 90°00'00" East, 119.44 feet to intersect aforesaid centerline per Volume 174 at Page 89, being a point on a tangent curve concave to the northeast, having a radius of 150.00 feet and a central angle of 50°14'48" (the long chord of which beazs South 72°10'35" East, 127.37 feet); thence along the azc of said curve, 131.55 feet; thence leaving said curve, North 82°42'01" East, 122.05. feet to intersect the centerline of Beebe Road, a public road, being a-point on a tangent curve to the southeast, having a radius of 286.48 feet and central angle of 08°59'01" (the long chord of which bears North 85°00'27" East, 44.87 feet); thence along the azc of said curve, 44.92 feet; thence leaving said curve and continuing along said centerline of Beebe Road, North 89°29'58" East, 231.15 feet; thence leaving said. centerline, North 00°00'00" East, 1323.69 feet to a point on the north line of tract as contained in Volume 269 at Page 566 of the Deed Records of Jackson County, Oregon; thence along said the north line of said tract, North 90°00'00" West, 281.17 feet to the southwest corner of tract of the aforesaid Volume 191 at Page 511; thence along the west line of said tract, North 00°00'00" East, 13.86 feet to the Point of Beginning. Containing 20.14 acres, more or.less. -34- The above described property is not within the City of Central Poir~ Current corporate boundaries,`but is contiguous to the Citys existing corporate boundary and is within the Central Point Urban Growth Boundary (IJGB). Section 2. The owners of the property proposed for annexationare Albert and Susan McMurray, and there is mutual consent to the annexation. Such written consent is on file at Central Point City Hall, 155 South Second Street, Central Point, Oregon. Section 3.ORS 222.125 provides that when all of the owners of land in the territory proposed for annexation and not less.han 50% of the electors residing in such territory -have consented in writing to the annexation of the land in the territory and file such written consent with the City CouncA, the property may be annexed without the requirement for an election or a public hearing. Section 4. Annexation of the described property is consistent with the Cit~is ability to provide facilities and services to the real property, as required by the Cites Comprehensive Plan. Section 5. Pursuant to ORS 222.125, the property de~ribed in Section 1 above, shall be and hereby is, annexed ~to and made part of the City of Central Point, Oregon. Section 6. The City Administrator, or his designee, shall transmit a copy of this resolution to the Oregon Secretary of State, and this annaration shat( be effective when filed with the Oregon Secretary of State pursuant to ORS. 222.180. Passed by the Council and signed by me in authentication of its passage this day of , 2004. Mayor Hank Williams ATTEST: City Representative APPROVED by me this day of , 2004. Mayor Hank Williams -35- ~,~ ~I .y~~ December 2; 2004 ity of Central Point Public Works D TO: Bob Pierce FROM: Matt Samitore SUBJECT: Local Improvement Districts Robert Pierce Director Rick Bartlett Supervisor Chris Clayton Deputy Director Matt Samitore Development Services Coordinator Mike Ono Technician Greg Graves Technician %aren Roeber Secretary II Mar arita Munoz Secretary I Purpose The City of Central Point has been petitioned by the residents of "The Meadows", manufactured home park, to form a Local Improvement District to put in a public water system. The current water system is supplied through one mete with internal lines being privately owned and maintained. Their system has been slowly degrading over the years and the residents. of the Meadows are requesting that the City take over ownership. In order to fund this expense the City informed the residents of the Meadows that a Local Improvement District (LID) would need to be formed. In order for the City to take ownership, the water system must first be brought up to City standards. This will be the first Local Improvement District the City has initiated in twenty years. LID Procedure In order to initiate and LID, at least fifty percent of the land owners in the LID area must sign a petition in favor of the formation of a LID. The City received a letter from the Meadows on 11/10/2004 with 195 of the 266 (73%) residents in favor of such an action. Since we now have enough signatures the City can proceed with the formation of a LID. Project Timeline In reviewing the application for the formation of a new Local Improvement District the City found that many out-dated issues with the current City ordinance for improvement districts. The issues tend to be on the procedural aspects of the formation of the LID and how the current ordinance does not match current Oregon State Revised Statue (ORS). The City has decided to re-write the ordinance over the next few weeks to present to the City Council in January. The new ordinance will be in compliance with the ORS. Once the ordinance has been heard the City will initiate a public hearing with the residents of the Meadows community. A notice will be sent to all of the affected property owners within the local improvement area: A project calendar has been provided (see -36- attached timeline sheet) showing the process and timeline for this public improvement. Estimated Costs The City has very preliminary estimates on the costs for this improvement prof ect. At this time the estimated cost is $750,000. The City has recently been informed that some cost estimates have increased and will have a revised estimate before the public notice is sent out. -37- --° ------°----------•--------- -------------- ----------- E 0 u 1 ~' ® ~ a v ---------°--- -------------------- ----------------------- --------------- ---------------- N ------------ -- r- ------- -------------- --------°- Y Z ~' ..~- ,: N o m O ~~~ ~ ~ ~ ~ ~ r ~ ~ V+ E H1 Q ~ k_ ____________ __________ _______ _____________________ ____________ _____ _ ___ _________________________ _ ____________ ____________ ~;. p' '.!, S G Q r •~ r "~.: i~ - ~' ~`~~ ,~ ~ r N r N ,i' ti ~ ~ ~ ~, ` r <~ r a i ~ ~ ~ ~ ~ O O O In O O ti O ti O ~ ~ ~ ~ ~ ~ O N N N ~t (O ~ ~ ~ ~ ~ O O O O O O O ~ ti ~ ~ ~ N ~ ~ ~ ~ ~ O ~ ~ ~ ~ O ~ L ~ ~ C O ~ "d c ~ Q ~- o O O U o -v - p .~o~ o~c c~ o co~~~ J~ Oct 2 0~ UcL O O ~~ vo u'UpEN ~ C U N 2~ N C 0 i ,~ N +~ p„ 2=,~n a~'~ ' ~~ ~ E fl-cv'~ ~ °-U c~ °-~~w~ ~ E L- QD ~ ~- N ~ ~~ ~ X 0 0 C a.U0J1.g ~ L..D ~m O~ U~ ~ ~ O ,~ ~ O aUIL caU r 0 d R a PLANNING DEPARTMENT MEMORANDUM DATE:.' December 9, 2004 TO: Honorable Mayor & City Council FROM: Tom Humphrey AICP, Community Development Director SUBJECT: Planning Commission Report The following applications and/or items were considered by the Planning Commission at their meeting of December 7, 2004 A. The Commission approved a final development plan and tentative subdivision for the second and third phases of a residential. development known as the Daisy Creek Village PUD, consisting of 36 units. The subject property is located on the northwest corner of Haskell and Ash Streets in the TOD-Corridor, MMR, Medium Mix Residential zoning district. The development includes private streets with primary access from Haskell and Ash Streets. Common open space, guest parking and a tot lot are part of the overall development. The Commission determined that the conditions they imposed at the preliminary plan stage had been met for the development. The only changes that the applicant proposed.were to reorient the building foot prints and architecture and to continue a six foot high fence along Haskell and Ash Streets to ensure better back yard privacy for approximately 171ots. B. The Commission approved a final development plan and tentative subdivision known as the Pittview Village PUD, consisting of 10 units. The subject property is located north of Pittview Avenue and east of Shayla Lane in the R-1-6, Residential Single Family zoning district The development proposes a private street with primary access from Pittview Avenue. Two lots are dedicated to open space and guest parking will be limited to each new tax lot. The Commission determined that the conditions they imposed at the preliminary plan stagewere met for the development. The applicant asked that the length of the street improvements along Pittview Avenue be reconsidered and was directed to take the matter up with the Public Works Department and the City Council (if necessary). CC&R's still needed to be submitted to the Planning Department before a final plat can be signed. Under miscellaneous business, the Commission assigned resolution numbers to previously approved final development plans to keep the City's records straight. Commissioners were also made aware of the Measure 37 Claims Processing Ordinance being considered by the Council as well as the status of the Regional Problem Solving (RPS) process. The four-year terms of two Commissioners expire at the end of the year on Paul Lunte informed staff that he did not wish to be reappointed.' Don Foster is being scheduled for an interview for reappointment and Chuck Piland will meet with staff to discuss the selection of a new Planning Commission Chair. The January meeting was scheduled for the third Tuesday, January 18, 2005.