Pioneer Cemetery Trail

FOR COUNCIL MEETING OF:
AGENDA ITEM NO.:

PUBLIC WORKS FILE NO.:
TO: CITY COUNCIL

FROM: PETER FERNANDEZ, P.E., PUBLI
September 26, 2011
8 (b)
SUBJECT: CITY INITIATED VACATION OF Rl T-OF-WA FOR A PORTION OF
ISSUE:
ALLEY LOCATED ALONG THE NORTH PROPERTY LINE OF PIONEER
AND CITY VIEW CEMETERIES
Shall Council approve the vacation of alley right-of-way located along the north line of
Pioneer and City View Cemeteries? (See Attachment 1, Legal Description and Vicinity
Map.)
RECOMMENDATION:
Staff recommends that Council approve the vacation of the right-of-way for a remnant
portion of the alley along the north property line of Pioneer and City View Cemeteries,
as shown in Attachment 1, with a condition to reserve a public utility easement over the
entire area.
BACKGROUND:
The City received a request from Dave Moss, Pioneer Alley LLC, for the City to initiate
the vacation of a remnant of the east-west alley right-of-way located along the north
property line of the Pioneer and City View Cemeteries, abutting the property located at
490 Rural Avenue S. (See Attachment 2, Letter from Mr. Dave Moss.) The request from
Mr. Moss provides background on this issue dating back to 1985, when the majority of
this alley right-of-way extending east to Commercial Street SE was vacated. On
April 11, 2011, the City Council initiated the vacation of alley right-of-way as allowed by
Oregon Revised Statute (ORS) Chapter 271.130.
Three policy-related points of view have been brought to the attention of staff regarding
this right-of-way vacation request.
Several community members have requested a pedestrian and bicycle
connection between the Fairmount and Candalaria neighborhoods, which are
currently separated by Pioneer and City View Cemeteries. Some believe that
this remnant portion of the alley could be used as part of a path between Rural
Avenue S and Hoyt StreetS. If this alley portion is vacated, the City may be
required in the future to acquire additional right-of-way to provide a path between
the two neighborhoods.
City to Initiated Vacation of Alley Right-of-way
Located Along North Property Line of Pioneer and City View Cemeteries
City Council Agenda September 26, 2011
Page 2
Mr. Moss is owner of the Pioneer Alley Planned Unit Development, which
currently uses the alley right-of-way for private residential access. The initial
development plans for this property allowed for a bicycle and pedestrian path.
However, when a public hearing was held in January 2005 on the proposal to put
the bicycle and pedestrian path concept into the Salem Transportation System
Plan (Salem TSP), there was opposition from several parties. The City Council
voted against the proposal and Mr. Moss subsequently redesigned his
development without a path. Vacating this right-of-way would be consistent with
the earlier Council action.
The Friends of Pioneer Cemetery have expressed a concern regarding a path
connection through the cemetery. At issue is whether a bicycle and pedestrian
path is an appropriate use of the cemetery, and if there may be an increased risk
of damage to Pioneer Cemetery from additional people being attracted to the
area as a result of a new path connection.
The Public Works Department is nearing completion of a comprehensive review and
update to the bicycle and pedestrian elements of the Salem TSP. Referred to as "Bike
and Walk Salem," this update is scheduled to be presented to the Planning Commission
and City Council at a joint work session in late October 2011, with public hearings to
follow.
During this update process, staff received approximately ten comments through an
on-line questionnaire and at public meetings that noted the gap in connectivity between
Rural AvenueS and Hoyt StreetS, west of Commercial Street SE. This gap arises from
the absence of any connection through the Pioneer or City View Cemeteries, which
together form a barrier that is more than 3,000 feet in length.
The current draft Bicycle and Pedestrian Master Plan Update shows a connection from
Rural Avenue S to Hoyt StreetS through Pioneer Cemetery, although the exact
alignment and design options are not part of this planning effort. As it stands today, the
City could provide a 12-foot-wide path from Rural AvenueS to Hoyt StreetS through
Pioneer Cemetery without purchasing additional right-of-way. This path could make use
of the alley proposed for vacation together with the north-south alley that connects to
Rural AvenueS. If the property is vacated and the new path connection is still included
in the Salem TSP, the City would be required to acquire the right-of-way to provide a
bicycle and pedestrian connection. Alternatively, access could be made from the south
end of John Street S with the acquisition of a public access easement over the western
62 feet of the driveway for the Pioneer Alley Planned Unit Development.
On July 27, 2011, the Friends of the Pioneer Cemetery hosted a tour of the cemetery for
the Bike and Walk Salem Advisory Committee and other interested parties.
Approximately 30 people were in attendance, including members of the Friends of the
Pioneer Cemetery, residents of the Candalaria and Fairmount neighborhoods, and
members of the Bike and Walk Salem Advisory Committee. Several opinions were
expressed along the tour. One attendee noted that a connection between the
Fairmount neighborhood and Pioneer Cemetery could result in additional volunteers
J P/PAD/G:\G roup\d irector\J udy\Council 20 11 \September 26\PioneerAIIeyVacation _Revised. doc
Page 3
interested in working with the Friends of the Pioneer Cemetery. Several reiterated the
need for a bicycle/pedestrian connection across the cemetery, while others present
noted the risk of potential damage to Pioneer Cemetery from additional people being
attracted to the area as a result of a new path connection.
FACTS AND FINDINGS:
On April 11, 2011, the City Council initiated the vacation of an alley right-of-way located
along the north property line of Pioneer and City View Cemeteries as allowed by
ORS 271.130.
The area proposed for vacation is approximately 56 feet long by 12 feet wide and
contains approximately 672 square feet of land. The area proposed for vacation is
currently improved as a driveway that provides access to three residential units in the
Pioneer Alley Planned Unit Development.
All utilities have been notified of these proceedings. PGE has existing underground
facilities in the right-of-way proposed for vacation and has requested that the City retain
an easement to protect these facilities. (See Attachment 3, Email from PGE.) As a
condition of approving this vacation, staff recommends reserving a public utility
easement over the entire area.
The Planning Commission reviewed the proposed vacation on August 16, 2011, and
supported the staff recommendation to vacate this portion of alley right-of-way. (See
Attachment 4, Planning Commission Action Sheet.)
SALEM TRANSPORTATION SYSTEM PLAN
The Salem transportation system represents the community's single largest investment
in public infrastructure. The system consists of highways, arterial, collector, local
streets, alleyways, and bicycle, transit, and pedestrian facilities. The Salem TSP
provides a framework of goals, objectives, and policies that guides the design of the
City's transportation system. Policy 2.10 of the Salem TSP, entitled Criteria for
Evaluating Proposed Vacation of Rights-of-way. is intended to guide policy makers in
the decision making process.
Policy 2.10 Criteria for Evaluating Proposed Vacation of Rights-of-way
Right-of-way vacations may be initiated by Council or by private citizen petition.
Vacations of public rights-of-way in the City of Salem are governed by
ORS Chapter 271 and SRC 76.130 to 76.144. The five criteria required for evaluating a
proposed right-of-way vacation are itemized below:
a. Is the right-of-way proposed for vacation actively used for transportation purposes?
Many public rights-of-way, while platted, are either not open or not actively used by
the public. Actively used rights-of-way may be considered for vacation conditioned
upon the provision of nearby facilities for the existing users and if there is not a
JP/PAD/G:\Group\director\Judy\Council 2011\September 26\PioneerAIIeyVacation_Revised.doc
Page4
significant degradation in transportation services and accessibility in the surrounding
neighborhood.
Finding: No, the right-of-way proposed for vacation is not actively used for public
transportation purposes. This alley right-of-way is currently incorporated into the
driveway access for private residential units in the Pioneer Alley Planned Unit
Development. PGE has underground utilities within this portion of right-of-way.
(See Attachment 3.)
b. Does the proposed vacation restrict the City's compliance with the State
Transportation Planning Rule (TPR) and the Salem Transportation System Plan's
policies on transportation system connectivity? A proposed vacation should not
limit, nor make more difficult, safe, and convenient pedestrian and bicycle access to
community activity centers such as schools, parks, shopping, and transit stops.
Additionally, local street connectivity, traffic circulation, emergency vehicle access,
and accessibility to transit service should be maintained within and between
neighborhoods.
Finding: No, the proposed vacation does not restrict the City's ability to comply with
the State TPR and the Salem TSP policies regarding transportation system
connectivity. There are no approved or adopted plans for using this right-of way as
part of the City's compliance with the State TPR or Salem TSP policies. The
proposed vacation does not limit or make more difficult existing pedestrian and
bicycle access to community activity centers. The proposed vacation does not affect
local street connectivity, traffic circulation, emergency vehicle access, or the
accessibility to transit services.
c. Is the right-of-way proposed for vacation improved or unimproved to urban
standards? While right-of-way in either condition may be vacated, an improved
right-of-way is an indication of use and should be more closely scrutinized before
recommended for vacation.
Finding: The right-of-way proposed for vacation is improved and serves as private
access for residential units in the Pioneer Alley Planned Unit Development.
d. Is the right-of-way proposed for vacation part of or near a planned transportation
improvement? Rights-of-way that have the potential to be used for a future
transportation project should not be vacated.
Finding: No, the right-of-way proposed for vacation is not part of or near a planned
transportation improvement. Council voted in January 2005 against a proposal to
include a bicycle path at this location in the Salem TSP. The adopted Salem TSP
does not propose a bicycle or pedestrian connection from Rural AvenueS to Hoyt
StreetS through Pioneer Cemetery.
J P /P AD/G :\Group\di rector\J udy\Counci I 20 11 \September 26\PioneerAIIeyVacation_Revised. doc
Page 5
e. Does the vacation of the right-of-way satisfy a compelling public need? Issues that
address health and safety concerns may outweigh the transportation criteria listed
above and should be given proper consideration.
Finding: There is no compelling public need to retain this portion of right-of-way.
Assessment of Special Benefit
The Salem Revised Code (SRC) Chapter 76 does not authorize Council to charge an
assessment of special benefit for City-initiated vacations. The Real Estate Division of
the Urban Development Department estimates the value of the right-of-way for this
vacation at $2,826. (Attachment 5, Real Estate Division Estimate of Value.)
Salem Revised Code and Oregon Revised Statute
SRC 76.140(a) and ORS 271.120 allow the Council to approve or deny, in whole or in
part, a vacation of right-of-way, or approve a vacation of right-of-way with such
conditions or reservations as would appear to be in the public interest. A vacation may
not be recorded or become effective until all conditions are satisfied.
Staff finds that approval of this vacation will not prejudice the public interest with a
condition to reserve a public utility e a s e m : ~ ~ ~ ~
Robert Chandler, Ph.D., P.E.
Assistant Public Works Director
Prepared by: Julie Warncke, Transportation Planning Manager, September 16, 2011
Revised: September 21, 2011
Ward 7
Attachments:
1. Legal Description and Vicinity Map
2. Letter from Mr. Dave Moss
3. Email from PGE
4. Planning Commission Action Sheet
5. Real Estate Division Estimate of Value
JP/PAD/G:\Group\dlrector\Judy\Councii2011\September 26\PioneerAIIeyVacation_Revised.doc
ATTACHMENT 1
12-foot-wide Alley to be Vacated
Beginning at a point on the North Line of the Odd Fellows Rural Cemetery as recorded in
Volume 10, Page 162, Book of Town Plats, City of Salem, Marion County, Oregon, now
known as Salem Pioneer Cemetery, adopted by Common Council November 8, 1954,
Ordinance No. 4693; said point being in Section 34, Township 7 South, Range 3 West of
the Willamette Meridian, City of Salem, Marion County, Oregon; said point being the
point of intersection of the North Line of said Salem Pioneer Cemetery and the East Line
of that tract of land described in that instrument recorded in Reel 2588, Page 292, Marion
County Records; said point being 1448.00 feet South 88 22' 00" West and 241.89 feet
South 01 o 22' 46" East from the Center Line intersection ofRural Street SE and
Commercial Street SE; and rulllling thence,
Along the North Line of said Odd Fellows Rural Cemetery South 86 00' 28" West 56.02'feet to
a point of intersection with the southerly extension of the East Line of a 12-foot-wide
alley as recorded in Volume 314, Pages 8 and 9, Marion County Records;
thence North OF 23' 22" West 12.01 feet along the East Line of said Alley to a point that is 12.00
feet northerly and perpendicular to the North Line of said Salem Pioneer Cemetery;
thence North 86 00' 28" East 56.06 feet to a point on the East Line of said Reel2588, Page 292;
thence South 01 o 22' 46" East 12.01 feet to the Point ofBegilllling.
Containing 673 square feet or 0.0154 acres ofland, more or less.
Bearings and distances used for this desc1iption are fiom Marion County Survey Record
No. 37387
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OCtober 21, 2010
TO: Mayor & City Council
FR: Dave Moss
Pioneer Alley LLC
ISSUE:
ATIACHMENT2
Request for a City-initiated vacation of the remnant of alley right-of-way abutting
property at 490 Rural AvenueS
BACKGROUND:
In 1985, the owner of property at the corner of Commercial Street SE and Rural
AvenueS requested the City of Salem vacate the alley running west from
Commercial along the north boundary of the Oddfellows Cemetery (now Salem
Pioneer Cemetery). Due to the impossibility of assembling signatures for a citizen
Initiated vacation petition from the Interests represented by all the graves In the
cemetery, the City agreed to initiate the vacation.
With the exception of the portion of the alley abutting 490 Rural Avenue, the
entire alley right-of-way was vacated and the property assigned to the individual
residential properties along Rural AvenueS. The portion of the alley abutting490
Rural AvenueS was retained by the City. At the time, there was a concept in the
Salem Transportation Plan for a bike path connecting Hoyt Street with Rural
Avenue through the Oddfellows Cemetery and along the alley remnant (Alley #1
on schematic) and another alley running north/south between Rural Avenue and
City View Cemetery along the west of 490 Rural Avenue {Alley #2 on
schematic).
In 2004, the partners of Pioneer Alley LLC proposed a small planned unit
development on the combined properties of 470 Rural AvenueS and 490 Rural
Avenue S, using the Alley #2 as an access to the south end of the In
designing the proposal, the partners consulted with City staff regarding the
possibility of Pioneer Alley LLC building the bike path concept into the access, if
the City would build the cemetery link to Hoyt Street Staff discovered the bike
path concept had been deleted from the plan at some point in the
intervening years and suggested that Pioneer Alley LLC request a plan
amendment to revive the concept.
In January 2005, the City Council held a hearing on the proposal to re-insert the
bike path concept into the Salem Transportation Plan. Many local neighbors
opposed the proposal; the owners of City View Cemetery opposed the proposal;
the SCAN Board of Directors opposed the proposal; and the SCAN Bike Advisory
Committee opposed the proposal. The Friends of Pioneer Cemetery expressed
reluctance about the proposal (a position that has subsequently turned to
opposition). The City Council voted against the proposal in no uncertain terms.
Subsequent to the definitive rejection of the bike path through the cemetery by
the City Council, thus ending the bike path concept in any form, the partners of
Pioneer Alley LLC redesigned the PUD to increase the open space significantly, to
provide better off-street parking, to reduce the overall paved surface area, and to
save all the trees, We would now like to clear up the property lines as we
<;:onsolidate the original properties.
The requested vacation will provide no Increased buildable area in the PUD.
There are no City utilities in Alley #1. There Is a ten inch water line in Alley #2.
REQUEST:
The partners of Pioneer Alley LLC now request that the City initiate a vacation of
the remnant of the old east/west alley (Alley #1). The issue of a bike path along
the alley/cemetery route has been definitively rejected by the City Council. It Is a
matter of fairness and equity to resolve the remaining remnant of alley right-of
way, and to do so In the same manner and under the same conditions as the City
did In 1985 for all the other twenty-six property owners along Rural Avenue.
Attachments:
Staff Report for 1985 alley vacation
Schematic of Pioneer Alley PUD and alley parcels
....
TO:
THRU:
FROM:
SUBJECT:
:tSSUI!:
For council Meeting Of l .An:ril e, 1985
Agenda Item No, :
The City of Salem has initiated the vacation of a 12-foot strip
of right-of-way abutting and immediately to the north of Odd
Fellows cemetery.
This particular vacation is being pursued at this time because of
the impending development of the paroel_at the oorner of Rural
and commercial Streets. The developer wishes to include that
portion of the alley that abuts- his property into his development
plan$, Staff,has no ob,ection,but was considering-requiring the
developer to initiate vacation proceedings as a
condition of development approval.
''l'wo-thit<dEI' of the abutting property owners .are req.uired to sign a
vaca-tion petition to initiate a vacation, B111cause the cemetery
property is an-abutting property and it is considered as one lot
all the persons with an interest in that property would have to
sign the petition, This is of-oourse not possible,
staff has
that the only way to vacate the property is

for the Oity to initiate the proceedings. This eliminates the
for the aforementioned petition.
SAOKGRoUHD
The Oi ty .of Salem is ini tiat.1ng 'the vaoati.on of a wide
strip of right-ot-way running west from South oommeroial street
and l'ying between the Odd li'ellows Rural Oemetery and those lots
to the north created in an unrecorded plat by sol (see :
attache!:\ map}; 'l'l'ie right-of-way to be vacated hi currently
covered with brush and trees and has been incorporated into the
baok yards of those l.ots which front .on Rur.al Street,
StaffReport
Vacation/Odd Fellows Cemetery
Apt'il a, 1985
Page 2
FACTS AND FINDINQ
The strip of right-of-way proposed to be vacated is not currently
used for roadway or alley purposes not' is it anticipated that it
will be needed in the future. The continuation of this 12-foot
parcel to the west is no.1; being vacated a.t this ume because of
the possibility that it might be incorporated into the proposed
Cemetery Bikeway which would provide bicycle/pedestrian access
through the cemetery between Rural and Royt Streets. Utilities
have been contacted and it will not be necessary to retain any
easements.
Council has the authorit? to vacate t'ight-of-way after consider-
ing the needs of the community. It is Department of Public Works
Policy GM-4-2 to initiate vacations to !i>Ut _ .9.1J
the t.ax .t>-O.Us .. and. d..l.$GGI'ltims.-s- for llll:lit'l-
tenanc:e.
RBQOMMBNDATIQlf
It is recommended that Oounoil approve the
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David M. Sieglli;AIOP

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From:
To:
CC:
Date:
Subject:
Attachments:
Bruce Carroll <Bruce.Carroll@pgn.com>
''jjohnduff@cityofsalem.net" <jjohnduff@cityofsalem.net>
Mark Young <Mark.Young@pgn.com>
7/27/2011 6:34AM
City initiated vacation of Pioneer Alley
20110727063047027.pdf
AITACHMENT 3
Attached is a drawing of existing PGE underground facilities that PGE would like an easement to protect.
Questions please contact me at 503-463-6121
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AITACHMENT4
ISSUE: City-initiated Vacation of Right-of-way for a portion of the alley
located along the north property line of Pioneer and City View.
Cemeteries
DATE OF DECISION: August1a,2o11
APPLICANT: City of Salem.
PURPOSE OF REQUEST:
To recommend to City Council the approval of the city-initiated vacation of right-of-
way for a portion of the alley located along the north property line of Pioneer and City
View Cemeteries.
The Planning Commission recommends City Council approve the vacation of right-
of-way for a portion of the alley located along the north property line of Pioneer and
City View Cemeteries, with a condition to reserve a public utility easement over the
entire area.
0 NO 3 ABSENT (Goss, Levin, Schmidtke)
MEMORANDUM
Urban Development Department
TO: Julie Warncke,
Transportation Planning Manager
FROM: John Gibson
Real Property Services Specialist
DATE: July 27, 2011
AITACHMENTS
C I T Y ~ ~
<.J AT YOUR SERVICE
SUBJECT: VALUE OF LAND IN CITY-INITIATED VACATION OF A REMNANT
ALLEY RIGHT-OF-WAY BORDERING SOUTH LINE OF 490 RURAL
AVE. S IN SALEM.
Assumptions: Reservation for Utilities in Alley to be vacated.
Waiver: ORS 67 4.100 (h) Valuation is performed by a salaried employee of the
federal government, the State of Oregon or a political subdivision of the
federal government or the State of Oregon while engaged in the
performance of the duties of the employee;
The subject property that would benefit from the right-of-way vacation of 673 square feet
(Attachment A), resulting in an increase in size, to 490 Rural Ave S. being under the
ownership of Pioneer Alley LLC. This adjoining parcel consists of a residential lot that is
approximately .30 acres prior to the alley vacation. This lot is Residential (RS) with
characteristics suitable for development in accordance with RS zoning criteria. The land
value is based upon research of comparable sales of RS zoned properties in the
surrounding area of Salem. Research of comparable sites in the subject's market indicates
a sales range from $4.00 to $8.75 per square foot for RS zoned land. The appropriate unit
of comparison for this analysis is the price per square foot. In estimating the land value of
the subject parcel, consideration is given to property rights conveyed, market conditions,
location, terrain, utility, availability, parcel size, configuration, zoning, and offsite
improvements.
The assessment of special benefits value is computed using the value per square foot
method utilizing the value of the parcel that the vacated right-of-way will inure too
sometimes referred to as the across the fence value. The assessment of the special
benefit if it were imposed for this property is concluded to be a value of $7.00 per
square foot, or $4,711 ($7.00 x 673 s.f.), for full fee value due to the parcel's location,
being somewhat close to downtown. However, with the added encumbrance of a
blanket utility easement to be retained from sale, the value is concluded to be reduced
by 40% to arrive at a final value determination of $4.20 per square foot X 673 square
feet = $2,826 ($2,800 rounded).
Prepared by John A. Gibson
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To: Salem City Council
From: Bonnie Heitsch
594 Rural Ave S.
Date: September 19, 2011
September 26, 2011
8 (b)
Subject: Proposed alley vacation located along the north property line of
Pioneer and City View Cemeteries.
I have known the property owner, Mr. Dave Moss and his wife for a long
time and I respect and appreciate their involvement in schools, the neighborhood
and community matters. I have discussed this vacation with Mr. Moss to try to
avoid opposing him in this forum. The conversation was informative and cordial
and we were able to identify a number of mutual interests but were unable to
resolve the issues at this time. Because this matter is an important
neighborhood issue I feel compelled to testify. The history and procedure of this
matter is complicated but I hope you will read through this letter completely
before making your decision on Monday night. Don't worry- much of the length of
the letter is attributed to attachments.
In summary:
1. The proposal to vacate the alley does not meet the review criteria and is
inconsistent with City plans. A bicycle pedestrian connection across the cemetery
between Rural and Hoyt Streets has been identified as a community need for
over 26 years as identified by:
Bike Walk Salem Plan amendments to the TSP
Salem Parks and Recreation Advisory Board
SCAN
Over 125 neighbors
the property owner himself
A pedestrian path across the cemetery is consistent with the policies of the:
Pioneer Cemetery Master Plan
Salem Transportation System Plan
Salem Comprehensive Plan
2. The alley is the only reasonable and cost-effective location for a connection to
Pioneer Cemetery.
3. The property owner's reasoning to vacate the alley is not legally or factually
supportable or fair.
4. Vacation of the alley at this time usurps the previous ten years of public
involvement to develop community plans and calls into question the openness,
fairness and legitimacy of those processes and of this vacation process.
5. There are simple solutions to address Mr. Moss's primary concerns of
protecting his development investment that also preserve the public interest for a
pedestrian connection through Pioneer Cemetery.
I respectfully request that this City Council:
1. Deny this action to vacate the alley, or in the alternative, postpone
action until after the adoption of the Bike Walk Salem Plan TSP
amendments.
2. Should this Council approve the request to vacate the alley then I
request that the City retain an easement for public access in the location of
the alley.
In addition, I request that City Council encourage the two adjacent neighborhood
associations to work with the Friends of Pioneer Cemetery, adjacent property
owners and City park maintenance staff to develop consensus as to how to best
connect the two neighborhoods through the cemetery.
Discussion
1. The proposed vacation does not meet the review criteria and is
inconsistent with the City plans and neighborhood desires.
Policy 2.10 requires consideration of whether the proposed vacation restricts the
City's compliance with the State Transportation Planning Rule (TPR) and
the Salem Transportation System plan's policies on transportation system
connectivity. A proposed vacation should not limit, nor make more
difficult, safe, and convenient pedestrian and bicycle access to community
activity centers such as schools, parks, shopping and transit stops.
Additionally local street connectivity, traffic circulation, emergency vehicle access
and accessibility to transit service should be maintained within and between the
neighborhoods.
The Pioneer and City View Cemeteries create a 3,000-foot north-south barrier
between the Fairmount and Candelaria neighborhoods. These neighborhoods
share McKinley and Candelaria Elementary schools, Leslie Middle School and
South Salem High School. The cemetery fence prevents neighbors from walking
to Fairmount Park, the schools and homes of friends and to easily connect to
commercial destinations such as Lifesource, Kinkos, Roth's and to the many
medical offices located on Liberty and Commercial Streets.
2
The April 11th and August 16th staff reports
1
confirm the existence of a
significant gap in connectivity between the Fairmount and Candelaria
neighborhoods. These reports concur that a connection from Hoyt Street to Rural
Street would provide more direct access between the neighborhoods and from
the residential areas south of the cemeteries to Fairmount Pari<.
The staff reports confirm that this alley remnant is the only public right of way that
adjoins the north property line of Pioneer Cemetery and any other connection
would require the city to purchase additional right of way.
Any public connection between the neighborhoods would need to cross through
Pioneer Cemetery, which is located between Commercial and the subject alley.
This is because Pioneer Cemetery is in public ownership and managed as part of
the Salem Park system. The adjacent City View Cemetery, which is located west
of the alley, is in private ownership.
The north side (the Rural Street side) of Pioneer Cemetery is fully developed with
houses on 50-foot wide lots with minimum side setbacks. Consequently, access
to a cemetery connection east of the alley would require the acquisition of a
house and lot. Staff identified a potential location at the intersection of Saginaw
and Rural. (See Exhibit 1 letter from Mark Becktel dated April 11, 2011 ). That
location is currently occupied by a house (192 Rural) that is for sale. The listing
price is $235,000. While other houses may not be quite as expensive, the sale
price of houses that have sold on Rural Street in the past two years have ranged
between $170,000 and $250,000. Vacation ofthe alley will make access for a
cemetery connection more difficult and expensive to connect.
A connection through the cemetery is consistent with the policies of the existing
TSP and comprehensive plans.
The Bike Walk Salem Plan identifies the need for a pedestrian connection
through the cemetery at or near this location and includes a Tier 2 project to
construct that connection. (Portions attached at Exhibit 2).
Salem Comprehensive Park System Master Plan calls for connections
between neighborhoods and to recreational areas. The Salem Park and
Recreation Advisory Board endorsed a north-south off-street path through
Pioneer Cemetery finding that it would provide a positive link between the
neighborhoods and Fairmount Park and that such a path was consistent with
the intent of the Comprehensive Park Plan. (Exhibit 3).
The Pioneer Cemetery Maintenance and Restoration Master Plan states that
a cemetery purpose is to "continue to encourage the use of the cemetery as a
place to stroll, jog and walk dogs." (Portions attached at Exhibit 4).
A trail connection is consistent with the neighborhood values.
1
As of the date of this letter I do not have the staff report that will go to City Council on September 26"'.
3
Over 125 neighbors have signed a letter requesting that the City preserve the
ability to connect across the cemeteries. {Exhibit 5).
SCAN unanimously endorsed continued consideration of cemetery
connection on September 14, 2011.
The April 11 2011 staff report found that there was much citizen support for
this pedestrian connection throughout the TSP update process. {Exhibit 1).
Neighbors attended the August Friends of Pioneer Cemetery presentation.
{Exhibit 1 ).
Mr. Moss himself testified before City Council on January 24, 2005 and again
on February 14, 2005 advocating for this "important connection". This is .
1
documented at CCTV link h +tp//WWIO. Cc."f\1

DiY"eo.vYl rhP item ?{b) at 2:22:55 to 2:31:45.
r-
2. The location of the proposed vacation is the only acceptable and cost
effective location to connect to Pioneer Cemetery.
Friends of Pioneer Cemetery have requested that a connection through the
cemetery should "[r]out[e] the path along an existing roadway to avoid
encroachment upon grave sites."
2
{Exhibit 6).
The Pioneer Cemetery Master Plan reveals two access locations that would
connect to existing cemetery roadways without interfering with the integrity of the
historic design of the cemetery. These locations are at the current alley and at
the location of the cemetery secondary processional route that backs into
approximately 260 Rural. {Exhibit 7). The current alley would connect to an
existing service road on the western edge of the cemetery adjacent to the fence.
Use of the existing service road provides the most direct connection to the Hoyt
Street cemetery entrance and avoids dispersing pedestrian traffic through the
grave sites and cemetery.
Use of the secondary processional route for cemetery access would require
opening a new public entrance gate on Hoyt Street or directing pedestrians
through the cemetery among the graves to reach the existing gate on Hoyt Street
near Skopel. A diagonal route to connect to the existing Hoyt Street gate
increases the opportunity for pedestrians to cut through on gravesites to reach
the entrance. There is no public access from Rural Street to connect to the
secondary processional route. Such a proposal would require the city to acquire
a house and lot.
3. The property owner's reasoning for the alley vacation is not legally or
factually supportable.
2
The other three issues concerned 1. the control of access after dusk, 2. resurfacing the path that is short of
irreversible so the path is compatible with landscape values and 3. restricting access to three wheel vehicles
and motorized scooters. (Letter from Friends ofPioneer Cemetery dated Sept 7, 2004 by Elizabeth Potter
attached at Exhibit 6). In the recent walk through in August 2011, Ms .. Potter reiterated that Friends of
Pioneer Cemetery do not oppose and connection but would need to have particular issues addressed.
4
Mr. Moss requests for a publicly-initiated vacation process is based upon
considerations of fairness and equity. His notion is based upon the history of the
1985 City-initiated vacation of the portion of the alley from his property to
Commercial Street. He argues that because the City vacated the other portion of
the alley twenty-six years ago it is only fair to treat the remaining property owners
similarly and vacate the remainder of the alley today. While this appears to be
logical at first there are several significant flaws:
1. The 1985 vacation did not vacate the alley remnant on the Moss parcel
because the City recognized the potential for a community bikeway pedestrian
connection through the cemetery. Specifically, the city explained that "the
continuation of this 12-foot parcel to the west is not being vacated because of the
possibility that it might be incorporated in the proposed Cemetery Bikeway which
would provide bicycle pedestrian access through the cemetery between Rural
and Hoyt Streets." ( Exhibit 1 - Letter from Dave Siegel dated April 8, 1985 at
page 2). Twenty-six years ago the City recognized the public interest in
preserving the ability to connect through the cemetery and declined vacation of
that publicly owned alley. That same public interest for a connection remains
today.
Today Mr. Moss seeks the same outcome as the adjoining property owners
received 26 years ago. However, in order to reach the same outcome, the City
would need to apply different legal criteria that waives the consideration of Policy
2.10 and ignores the public interest in the property.
Our land use system and due process laws require that legal criteria be applied
evenly to similarly situated property owners. To waive or ignore legal criteria for
some property owners is no less unfair than imposing additional requirements to
others.
The criteria requiring the City to consider the potential for pedestrian and bicycle
connections before it vacates public land was applied to the properties that were
subject to the 1985 vacation proceeding. The City found that all of the Rural
Street parcels except for the parcel now owned by Mr. Moss did not have the
potential for community and trail connections and thus concluded that there was
no public interest in retaining public ownership of those parcels. However the
City found that the parcel now owned by Mr. Moss is uniquely situated with two
publicly owned alleys that jointly provide a means of public access from Rural
Street to Pioneer Cemetery. This public access provides a valuable link for a
connection across the cemetery. This link did not exist on the other Rural Street
parcels that were subject to the 1985 vacation proceeding.
Today, the Moss parcel remains encumbered by the same two publicly owned
alleys. Today these two alleys remain the only means of public access across
the cemetery. And today, like in 1985, the two alleys on the Moss property
5
provide a "more safe and convenient pedestrian and bicycle access to
community activity centers" and therefore do not meet the criteria of Policy 2.1 0.
Waiver of this criteria at this time is not a fair application of the laws and is not
fair treatment of property owners.
2. Mr. Moss asserts that a public connection through the cemetery is no longer
under consideration. But we know this is not true. This bicycle pedestrian
connection is identified in the Bike Walk Salem Plan and has been supported by
the Park Advisory Board and by the comprehensive plan and transportation
policies.
Mr. Moss is correct that in 2005 a hurried attempt to designate a bicycle trail at
this location failed. However, as noted by staff that process was not reflective of
a full and comprehensive planning process. That ill-fated proposal was brought
forward with Mr. Moss's original development proposal for his property. At that
time, Mr. Moss only owned the two parcels located on Rural east of the north-
south alley. He did not own the three parcels located on the east side of John
Street. The development proposal identified using the north-south undeveloped
alley for access to houses he proposed to build on the back of the property. (See
site plan in Moss submission at Exhibit 1). At that time, the undeveloped alley
was unknown or ignored by the three property owners on John Street and had
been incorporated into their backyard designs. The Moss development proposal
would have required the three property owners to relinquish their use of that
publicly owned space resulting in shortened back yards and the removal of their
fences and patio improvements. In their efforts to challenge the validity of the
public alley the three John Street property owners also opposed any connection
to the cemetery. As noted in the staff report, this effort was not part of a complete
and thoughtful planning process.
Ultimately, Mr. Moss preserved the public alley and incorporated the alley into
the plans to access to his development. However, the continued resistance of
the three John Street owners caused Mr. Moss to purchase the three John Street
houses. He has since modified his development plan to take access on the east
side of John Street and no longer needs the public alley for access. Based on
these changes it is understandable why preserving the public alley and
connection is no longer necessary and beneficial to his development interest.
However, despite these changes, the public interest for a pedestrian connection
through the cemetery and use of the access provided by the public alley has not
waned. The desire for a connection has only become stronger.
3. Mr. Moss claims that he relied upon the 2005 City Council decision to deny a
cemetery connection when he developed his property. However he took no
action to memorialize that decision. As a former city council member, Mr. Moss
is aware that no one City Council can speak for or bind a future City Council and
that Council memberships and positions change. Today's City Council has a
different vision than the City Council in 2005. Today's City Council has adopted
6
policies and projects that support pedestrian connectivity such as the bridge
connection to Minto Brown Island and updated zoning policies to provide more
mixed uses connectivity and livability. Just as Mr. Moss's circumstances and
design changed, our community circumstances changed and there is more
interest on sustainable and livable neighborhoods, for health initiatives to reduce
childhood obesity and encouragement of healthy living habits and renewed focus
on reducing reliance upon the automobile. And part of today's community
values is to connect- not disconnect neighborhoods. Vacation of this alley will
permanently disconnect the Fairmount and Candalera neighborhoods.
4. Vacation of the alley usurps ten years of public planning in which the
community has been actively participated.
The current lack of transparency in this process breeds distrust, public cynicism.
In order to preserve the integrity of the public processes and encourage open
government and decision making, it would be helpful if you can respond to the
following questions at the hearing before you make your decision.
1. Why vacate now?
Development of a connection between the neighborhoods has been in the works
for over 26 years. Community members have worked through the available
public planning processes over the past ten years. The idea of a cemetery
connection has been identified in City plans since 1985, endorsed by the Parks
Advisory Board in 2005 identified in the Park Master Plan Update that began in
2006 and carried forward into the current Bike Walk Salem Plan that is scheduled
to be before City Council at the end of this calendar year. The Bike Walk Salem
Plan clearly reiterates the need for a pedestrian connection through the cemetery
and identifies a project to address that connection. (Exhibit 2) As noted by staff,
many neighbors participated in the TSP public hearing process and voiced
consistent support for a trail connection.
What is the urgency to vacate this publicly owned alley that could provide a
needed connection across the before the pedestrian bicycle amendments to the
TSP are adopted?
2. What changed?
The staff report issued on April 11, 2011 recommended postponing this matter
until after the Bike Walk Salem Plan component of the TSP was complete. The
Bike Walk Salem Plan identified a significant gap in connectivity between Hoyt
Street and Rural Street and documented significant citizen support and desire for
a connection. The April 11 staff report identifies that this alley remnant is the
only public right of way that adjoins the north property line of the cemetery and
that any other connection would require acquiring right of way.
In April and without any discussion on the record or questioning of staff, the
Council City Council voted to initiate vacation of the alley. While it is absolutley
7
acceptable to not approve the staff recommendation there is no reasoning to
explain the different position .. (Exhibit 8).
The August 16 staff report recommends vacation even though it identifies the
existence of a significant gap in connectivity between Hoyt Street and Rural and
reiterates that the alley provides the only location for access to a cemetery
connection that does not require purchasing additional right of way. Nor does the
staff report propose an alternative connection to address this lack of connectivity.
However, the August 16 staff report drops all mention of the pending Bike Walk
Salem Plan. This is surprising because by August the plan has fully vetted
through the public review process, published and notice prepared in anticipation
of adoption. That plan clearly identifies a need for a connection at or near this
alley for a pedestrian connection and proposes a project to meet this need. The
August 16 staff report ignores the current TSP planning process and growing
enthusiasm for a connection that occurred over the summer.(See Exhibit 5) ..
Because the reasoning for the City's position is not apparent, any explanation to
understand this change would be helpful.
3. Why limited notice?
The City typically posts its notice for pending public actions in conspicuous
locations to inform citizens of the proposed action. The notice for this action was
posted along the property owner's back driveway adjacent to the cemetery
beyond the "private driveway signs". There is no notification along the public
street or sidewalks on Rural Street where people could see the notice. Why was
the notice posting in a location that was so difficult to find?
4. Why waive fees?
In recent times the City has been reluctant to waive application and
administrative fees as an effort to recapture costs associated with the to review
proposed land use actions. Fees have been waived in circumstances where the
City is sponsoring a project or supporting a City interest. Fees and administrative
costs were waived in this proceeding. What City interest is being promoted by
initiating this alley vacation?
5, Why waive alley costs?
Tne value of the current alley is estimated to be worth $2,800. (Exhibit 1 ). Its
replacement value for equivalent opportunities for connectivity will cost much
more. The public- the collective citizens of Salem - entrusts the City to
manage this asset consistent with the City ordinances, state laws and public
policies for the benefit of all Salem citizens. Why is the City giving away this
valuable publip asset for no charge?
6. What funds are available for a connection project?
8
In recognizing the reality of operating within a very tight budget, it is difficult to
imagine that the City has available resources to acquire an alternative access
to connect through the cemetery. It would be helpful if those sources of funding
and availability of those funds for such a connection could be identified before
the alley is vacated.
7. How acquire the needed access?
To date, the City is reluctant to exercise its condemnation authority to acquire
land for public recreational and trails. Since the property on the north side of the
cemetery is in private residential use it is unlikely that the land would be offered
to the City for sale. Would this Council support the use of condemnation to
provide a trail connection?
5. There are logical solutions to address Mr. Moss's primary concerns to
protect his development investment that also preserve the public interest
for having a trail connection through the cemetery.
In discussing this matter with Mr. Moss it was apparent that we shared common
neighborhood interests and that we may not be far from a resolution that protects
his property investment and enhances neighborhood connectivity through the
cemetery. I request this City Council to encourage the respective
neighborhoods associations and the Friends of Pioneer Cemetery and the Salem
Parks maintenance department to work together to find a solution that benefrts
everyone.
Please provide me of written notice of your final decision at 594 Rural AveS.,
Salem, OR 97302.
Thank you.
~ w
9
,
TO:
THROUGH:
FROM:
SUBJECT:
ISSUE:
FOR COMMISSION MEETING OF: August 16, 2011
AGENDA ITEM NO.: 4.2 (c)
PLANNING COMMISSION
11
.. .rR.
GLENN GROSS, URBAN PLANNING
PETER FERNANDEZ, P.E., PUBLIC WORKS DIRECTO
CITY-INITIATED VACATION OF RIGHT-OF-WAY FOR A PORfiON
OF AN ALLEY LOCATED ALONG THE NORTH PROPERTY LINE OF
PIONEER AND CITY VIEW CEMETERIES
$hall the Planning Commission advise Geuncil to approve the vacation of alley
right-of-way located along the north line of Pioneer and City View Cemeteries? (See
Attachment 1, Legal Description and Vicinity Map.)
RECOMMENDATION:
Staff recommends Plan (ling Commission advise Council to approve the vacation of the
right-of-way for a portion of the alley along the north property line of Pioneer and City
View Cemeteries, as shown in Attachment 1, with a condition to reserve a public utility
easement over the entire area.
BACKGROUND:
The City received a request from Dave Moss, Pioneer Alley LLC, for the City to initiate
the vacation of a remnant of the east-west alley right-of-way located along the north
property line ofthe Pioneer and City View Cemeteries, abutting the property located at
490 Rural AvenueS (see Attachment2). The request from Mr. Moss provides
background on this issue dating back to 1985, when the majority of this alley
right-of-way extending east to Commercial Street SE was vacated by the City.
FACTS AND FINDINGS:
On Apri111, 2011, Council initiated thevacation of this public right-of-way as allowed by
Oregon Revised Statute (DRS) Chapter 271.130.
The area proposed for vacation is approximately 56 feet long by 12 feet wide and
contains approximately 673 square feet of land. The area proposed for vacation is
currently improved and provides access to residential units in the Pioneer Alley Planned
Unit Development.
All utilities h,ave been notified of these proceedings. PGE has existing underground
facilities in the right-of-wa:yproposed for vacation. As a condition of approving this
vacation, staff recommends reserving a public utility easement over the entire area.
Planning Commission Meeting of August 16
1
2011
Page2
SALEM TRANSPORT AT/ON SYSTEM PLAN
The Salem transportation system represents the community's single largest investment
in public infrastructure. The system consists of highways, arterial,. collector, local
streets, alleyways, and bicycle, transit, and pedestrian facilities. The Salem
Transportation System Plan (TSP) provides a framework of goals, objectives, and
policies that guides the design of the City's transportation system. Policy 2.10 of the
TSP, entitled Criteria for Evaluating ProposedVacation of Rights-of-way, is intended to
guide policy makers inthe decision making process.
Policy 2.10 Criteria for Evaluating Proposed Vacation of Rights-of-way
Right-of-way vacations may be initiated by the City Council or by private citizen petition.
Vacations of public rights-of-way in the City of Salem are governed by State law (ORS
Chapter 271) and SRC 76.130 to 76.144. The City shaii use the foliowing evaluation
criteria in its consideration of a proposed right-of-way vacation:
a. Is the right-of-way proposed for vacation actively used for transportation
purposes? Many public rights-of-way, while platted/ are either not open or not
actively used by the public. Actively used rights-of-way may be considered
for vacation conditioned upon the provision of nearby facilities for the existing
users and If there is not a significant degradation in transportation services
and accessibility in the surrounding neighborhood.
Finding: This alley right-of-way is currently incorporated into the driveway access for
residential units in the Pioneer Alley Planned Unit Development.
b. Does the proposed vacation restrict the City's compliance with the State
Transportation Planning Rule (TPR) and the Salem Transportation System
Plan's policies on transportation system connectivity? A proposed vacation
should not limit, nor make more difficult, safe, and convenient pedestrian and
bicycle access to community activity centers such as schools, parks,
shopping/ and .transit stops. Additionally, local street connectivity, traffic
circulation, emergency vehicle access, and accessibility to transit service
should be maintained within and between neighborhoods.
Finding: There is a gap in connectivity between the Fairmount and Candalaria
neighborhoods. This gap arises from the absence of any connection through the
Pioneer or City View Cemeteries, which together form a barrier that is more than 3,000
feet in length. A connection from Hoyt StreetS to Rural Avenue S would provide for
more direct access between neighborhoods and from the residential areas south of the
cemeteries to Fairmount Park.
c. Is the right-of-way proposed for vacation improved or unimproved to urban
standards? While right-of-way in either condition may be vacated, an
improved right-of-way is.an indication of use and should be more closely
scrutinized before recommended for vacation.
JPfrLCJG:\Group\direciorUudy\Pianning Commission \Planning Commission StaffRepartPioneerAlley_ RDCJ .doo
Planning Commission Meeting of August 16, 2011
Page 3
Finding: The right-of-way proposed for vacation is improved with asphalt paving and
serves as access for residential units in the Pioneer Alley Planned Unit Development.
d. Is the right-of-way proposed for vacation part of or near a planned
transportation improvement? Rights-of-way that have the potential to be used
for a future transportation project should not be vacated.
Finding: There is no transportation improvement project proposed for this right-of-way
in the adopted Salem TSP.
In 2004, the subject alley was proposed to be part of a bicycle and pedestrian
connection between the Candalaria and Fairmount neighborhoods. The connection
proposed at that time would have created a path from Hoyt Street S, through Pioneer
Cemetery, and from there along alley right-of-way to Rural AvenueS. At that time,
Council decided not to include this as a project in the Salem TSP.
The Public Works Department is nearing completion of a comprehensive review and
update to the City's master plan for bicycling and walking, referred to as "Bike. and Walk
Salem." This update is currently scheduled to be presented to the Planning
Commission and City Council at a joint work session in late October, with public
hearings to follow.
During this planning process, staff received approximately ten comments from citizens
through an on-line questionnaire and at public meetings that noted a significant gap in
connectivity between Rural Avenue Sand Hoyt-street S, west of Commercial Street SE
This gap arises from the absence of any connection through the Pioneer or City View
Cemeteries, which together form a barrier that is more than 3,000 feet in length. To
address this need, the draft Bicycle and Pedestrian Master Plan update includes a
connection near the boundary between the Pioneer and City View Cemeteries, although
the exact alignment and design will require additional refinement.
On July 27, 2011, the Friends of the Pioneer Cemetery gave a tour of the cemetery for
the Bike and Walk Salem Advisory Committee and other interested parties.
Approximately 30 people were in attend1;1nce, consisting of members of the Friends of
the Pioneer Cemetery, members of the Candalaria and fairmount neighborhoods, and
members of the Bike and Walk Salem Advisory Committee. Several opinions were
expressed along the tour. One attendee noted that a connection between the
Fairmount neighborhood and PioneerGemetery would likely res11lt in additional
volunteers interested in working with the Friends of the Pioneer Cemetery. Several
reiterated the need for a bicycle/pedestrian connection across the cemetery while some
noted the risk of potential damage to Pioneer Cemetery from additional people being
attracted to the area as a result of a new path connection.
Currently, the City could provide a 12-foot-wide path from Rural AvenueS to Hoyt
StreetS, without purcnasing additional property. A path could make use of the alley
proposed for vacation together with the north-south alley that connects to Rural
JPtrLC/G:\Group\director\Judy\Pianning Commission \Planning Commission StaffReportPioneerAlley _RDCl.doe
Located Along North Property Une of Pioneer and City View Cemeteries
Planning Commission Meeting of August 16, 2011
Page4
Avenue S. Alternatively, _access could be made from the south end of John StreetS
with the purchase of a public access easement over the western 62 feet of the driveway
for the Pioneer Alley Planned Unit Development. If a new path connection were to be
included in the Salem Transportation System Plan, vacating the proposed alley
-right-of-way would mean that the City would be required to purchase property to provide
a future bicycle/pedestrian connection.
e. Does the vacation of the right-of-way satisfy a compelling public need?
Issues that address health and safety concerns may ouflio!eigh the
transportatiot? criteria listed above and should be given proper consideration.
Finding: Vacating this portion of right-of-way does not satisfy a compelling public need.
Assessment of Special Benefit
The Salem Revised Code (SRC) Chapter 76 does not authorize Council to charge an
- assessment of special benefit for City-initiated vacations. The Real Estate Division of
the Urban Development Department estimates the value of the right-of-way for this
vacation at $2,826 (Attachment 3).
Salem Revised Code and Oregon Revised Statute
SRC Chapter 76.140 (a) and ORS Chapter 271.120 allow Council to approve or deny,
in whole or in part, a vacCJtion of right-of-way, or approve vacation of right-of-way with
such conditio-ns or reservations as would appearto be in the puiJiic interest The
Planning Commission-may-recommend that Council attach conditions that appear to be
for the public interest.
Staff finds that approval of this vacation will not prejudice the public interest with the
condition to reserve a public utility easement over the entire area.
~ RO!Jertii. cndief, Ph.D., P.E ..
Assistant Public Works Director
Attachments:
-1. Legal Description and Vicinity Map
2. Request for City-initiated vacation of remnant of alley right-of-way abutting
property at 490 Rural AvenueS, October 21, 2010 (with corrected
attachments)
3. Real Estate Division Estimate of Value
Prepared by: Judith Johnduff, Associate Transportation Planner
Ward 7
August 5, 2011
JPrrLCIG:\Group\dircctor\Judy\Planning Commission\Planning Commission StaftRcportPionCerAilcy_ ROC l.doc
ATTACHMENT 1
12-foot-wideAlley to be Vacated
Beginning at a point on the North Line of the Odd Fellows Rural Cemetery as recorded in
Volume 10, Page 162, Book of Town Plats, City of Salem, Marion County, Oregon, now
known as Salem Pioneer Cemetery, adopted by Common Council November 8, 1954,
Ordinance No. 4693; said point being in Section 34, Township 7 South, Range 3 West of
the Wlllamettl;' Me1:idian, City of Salem, Marion County, Oregon; said point being the
point of intersection of the North Line of said Salem Pioneer Cemetery and the East Line
of that tract of land described in that instmment recorded in Reel2588, Page 292, Marion
Co1mty Records; said point being 1448.00 feet South 88 22' 00" West and 241.89 feet
South 01 22' 46" East from tht;: Center Line intersection ofRural Street SE and
Commercial Street SE; and running thence,
Along the North Line of said Odd Fellows Rural Cemetery So11th 86 00' 28" West 56.02"feet to
a point of intersection with the southerly extension ofthe East Line of a 12-foot-wide
alley as recorded in Volume 314, Pages 8 and 9, Marion County Records;
thence North 01 23' 22" West 12.01 feet along the Easti.:ine of said Alley to a point that is 12.00
feet northerly and perpendicular to the North Line of said Salem Pioneer Cemetery;
thence North 86 00' 28" East 56.06 feet to a point on the East Line of said Reel2588, Page 292;
thence South 01 o 22' 46" East 12.01 feet to the Point c>fBeginning,
Containing 673 feet or 0:0154 acres of land, more or less.
Bearings and distances used for this description are from Marion County Survey Record
No. 37387
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EXHIBIT MAP
SALEM PIONEER.
CEMETERY .
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.
FOR COUNCIL MEETING OF:
_ AGENDA ITEM NO.:
TO: - r-fll/:f._OR

April11, 2011
4.3 (d)
FROM: PETER FERNANDEZ, P.E., PUBLIC W R
ATTACHMENT 2
SUB-JECT: REQUEST FOR CITY TO INITIATE VAC ION OF REMNANT
ALLEY RIGHT .:OF-WAY LOCATED AL NG THE NORTH LINE OF
PIONEER AND CITY VIEW CEMETERIES
ISSUE:
Shall City Council initiate the vacation of a remnant alley right-of-way located along the
north line of Pioneer and City Vlew cemeteries? (See Attachment 1, Vicinity Map.)
RECOMMENDATION:
Staff recol}1mends- that City Qouncil postpone a decision on whether to Initiate
of a remnant alley rigbt-of-way .located along the north line of Pioneer and City. View
cemeteries and direct staff to resolve the issue of whether this right-of-way Is needed_ to
address bicycle and pedestrian connectivity as part of the update to the Salem
Transportation System Pla.n, bicycle and pedestrian elements.
BA'CK'GROtJND:
The City received a request from Dave Moss, Pioneer Alley LLC, for the City to Initiate
the v.acatlon of a remnant of tlie east-west alley loc!'J.ted along the north line
of the Pioneer and City View cemeteries, abutting property at 490 Rural AvenueS (see
Attachment2). the- request from Mr. Moss provides background on this Issue; dating
back to 1985When the majority of this alley right-of-way extending east to Commercial
Street SE was vacated by City Coitilcll.
In 2004, the subject alley was proposed to be part of a bicycle and pedestrian.
connection between tl)e Candalaria and Fairmount neighborhoods, The connection
proposed at that tiine would have created a path from Hoyt StreetS, through the-
Pioneer Cemetery, and from there along existing unopened alley right-of-way to Ru'ral
AvenueS. City Council acted to-not incluqe this as a project In the Salem _ - .
Transporlatlon System Pfan. This action was based on a specific proposed alignment,
.and not on a full evaluation of the City's bicycle and pedestrian system, alternatives,
barriers, an9 trade-off'S.
Request for City to Initiate Vacation of Remnant Alley
Right-of-way Located Along North Line of Pioneer and City VJew Cemeteries
Council Meeting of Aprll11, 2011
Page2
A vacation of public Tight-of-way can be Initiated by petition as provided fer by Salem
Revised Code (SRC) chapter 76.130 or on the Council's own motion, as provided fer by
DRS Chapter 271.130. After a vacation is initiated by one of these methods, a public
hearing .Is scheduled before City Council.
FACTS AND FINPINGS:
The remnant east-west alley right-of-way that is the subject of this request is
apprc;>ximately 56 feet long by 12 feet wide. It is.currently incorporated into the driveway
access for houses in the Pioneer Alley Planned Unit Development. This alley
- right-of-way connects to an undeveloped north-south alley right-of-way that extends
north to Rural Avenue S. :rhese two alleys togetherform the only public right-of-way
connection to the north side of the City-owned Pioneer Cemetery. The request for a
City-Initiated vacation is limited to the east-west alley remnant.
The Public Works Department Is-currently mid-way through a comprehensive review
.and update to the City's master plan for bicycling and This grant-funded
project, Bike & Walk Salem, will-result in amendments to the Salem Transportation
System Plan, bicycle and pedestrian elements in fall 2011.
Staff received approximately 10 comments from citizens through an on-line
questionnaire and at public meetings in January 2011 that identified a significantgapin.
connectivity for bicycle and pedestrian transportation between Rural Avenue S and Hoyt
Street S, west of Commercial Street SE. This gap in connectivity arises from the .
absence of any connection through the Pioneer or City VIew Q_emeteries,which together
form a barrier that is.more than 3000.feet if! length .. Citizen commentsh:lentlfled this as
a need to enhance bicycle and pedestrian access between neighborhoods and to
commercial districts. The project consultant is currently re,epmme!1ding that a
connection between these neighborhoods be included inthe.City's bicycie and
pedestrian system plan, although the exact alignment will require additional work. .
Public comment on the proposed bicycle and pede5\rlan will be gathered later in
the spring and will in recommendations to City Council in the fall .. Public open
housesare currently scheduled for April 26 and 27, 2011.
The that Is the subjeCt of this request is the only public right-of-WaY that
adjoins the north property line of the City-owned Piol]eer Cenietery. As sueh,..it is qlie
possible point of connection for the future bicycle and pedestrian transportatim:i system.
Other connections to address this need could Include. purchasing property to connect to
Pioneer Cemetery (possibly aligning with the end of Saginaw, Fir, or Fairmount
Streets S) or purchasing an easement through City VIew Cemetery. A detailed analysis
would typically take place after the desire for a connection is adopted into the Salem
TransportaUon System Plan. Given the request to inithl.te the vacation of this alley
JWIJPII'LCIG:\Oroup'ldlrcior\Judy\CounoU 2011\Aprltll\CCSlUn.ltla!lonPJoncerAlley.doc.
Request for City to Initiate vacation of Remnant Alley
Right-of-way Located Along North of Pioneer and City View Cemeteries
Council Meeting of Aprllll, 2011
Page 3
right-of-way, staff proposes to conduct a more detailed analysis of how to address this
need prior to adoption of the update to the Salem Transportation System Plan. This will
provide the City Council and the public with a better understanding of the how such a
connection could be implemented and whether the connection would make use of the
right-of-way in
MarkBecktel, AICP
Parks and Transportation Services Manager
Attachments:
1. Vicinity. Map
2. Request for City-initiated vacation of remnant of alley right-of-way abutting
property at490 Rural Avenue S, October 21, 201 0 (with corrected
attachments)
Ward 7
April6, 2011
JW/JP!ILC/G:\Group\dirccr.oJ\Judy\Counot12-0il\April1 J\CCSlUDiliaeionPioucci'AIIcy.doc
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ATTACHMENT2
OCtober 21, 2010
TO: Mayor & City Council
FR: Dave Moss
Pioneer Alley LLC
ISSUE:
Request for a City-Initiated vacation of the remnant of alley right-of-way abutting
property at 490 Rural Avenue s
BACKGROUND:
In 1985, the owner of property at the corner of Commercial Street SE and Rural
AvenueS requested the City of Salem vacate the alley running west from
CommerCial along the north boundary of the Oddfellows Cemetery (now Salem
Pioneer Cemetery). Due to the impossibility of assembling signatures for a citizen-
initiated vacation petition from the interests represented by all the graves In the
cemetery, the City agreed to initiate the vacation.
With the exception of the portion of the alleyabuttlng490 RuraiAvenue, the
;-..,
entirifalley right-of-way was vacated and the property assigned to the individual '
residential properties along Rural AvenueS. The portion of the alley abutting 490
Rural :_ __
Salem Transportation Plan for a bike path connecting Hoyt Street with Rural
Avenue through the Oddfellows Cemetery and along the alley remnant (Alley #1
on schematic) and another alley running north/south between Rural Avenue and
City VIew Cemetery along the west boundary of 490 Rural Avenue (Alley #2 on
schematic).
In 2004, the partnerS of Pioneer Alley LLC proposed a small planned unit
development on the combined properties of 470 Rural AvenueS and 490 Rural
Avenue S, using the Alley #2 as an access to the south end of the properties. In
designing the proposal, the partners consulted with City staff regarding the
possibility of Pioneer Alley LLC building the bike path concept into the access, if
the City would build the cemetery link to Hoyt Street. Staff discovered the bike
path concept had been deleted from the transportation plan at some point In the
intervening years and suggested that Pioneer Alley LLC request a plan
amendment to revive the concept.
In January 2005, the City Council held a hearing on the proposal to re-insert the
bike path concept into the Salem Transportation Plan. Many local neighbors
opposed the proposal; the owners of City View Cemetery opposed the proposal;
the SCAN Board of Directors opposed the proposal; and the SCAN Bike Advisory
Committee opposed the proposal. The Friends of Pioneer Cemetery expressed
reluctance about the proposal (a position that has subsequently turned to
opposition). The City Council voted against the proposal in no uncertain terms.
Subsequent to the definitive rejection of the bike path through the cemetery by
the City Council, thus ending the bike path concept in any form, the partners of
Pioneer Alley LLC redesigned the PUD to increase the open space significantly, to
provide better off-street parking, to reduce the overall paved surface area, and to
save all the trees. We would now like to clear up the property lines as we
consolidate the original properties.
The requested vacation will provide no increased buildable area in the PUD.
There are no City utilities in Alley #1 . There is a ten inch water line in Alley #2.
REQUEST:
_,_
The partners . - .
the remnant of the old east/west alley (Alley #1). The issue of a bike path along
the alley/cemetery route has been definitively rejected by the C:ity Council. It is a
matter of fairness and equity to resolve the remaining remnantof alley right-of-
way, and to do so In the same manner and under the SJ'lme conditions as the City
did In 1985 for all the other twenty-six property owners along Rural Avenue.
Attachments:
Staff Report for 1985 alley vacation
Schematic of Pioneer Alley PUD and alley parcels
TO:
FROM:
StJSJ"EOT:
:csstJ_E
For Council Meeting a, 1965
Agenda Item No. : _

Y, . OF PIJBI.IC WORKS
VACATION OF RIGHT-OF-WAY
NORTR ODD-FELLOWS RURAL CEMETERY
The City of Salem has initiated the vacation of a .1.2-foot strip
of right-of-way and immediately to the north of Odd
Fellows Rural cemetery.
This particular vacation is being at this time because of
the "iJ11Pendingdevelopment of the paroel_at the .oo:J;!ner of Rural
end Commercial Streets. The developer wishes to include that
portion of-the alley that abuts-hisproperty into his development
plans, Staffhasno ol:>:Jeotion,butwas oo:uJideriJ).grequiring the
developer to initiate proceedings as a
ootidiU<in of development approval.
Two-thirds of the abutting property owners.are required to sign a
vaca-tion petiticm to initiate a vacation. Beoauee the cemetery
property is an-abutting and it is as one lot
all- tne .Pers-ons -w;tt"h an interest in that property wou-l-d- have to
sign the petition. This is of. course not poll!sible.
Staff has oqnol1,1ded that the only wai to vacate the property is
tot' the 'City to initii!tte the proceed ngs. .This el.tmS.nates the
for the atorements.oned petition.
BACKGROUJ!D
The Oity gf. Salem is initiating vacatfon of a wide
strip ot right-of-way west South Oo1!11!1eroial Street
and lying between the Odd Fellows Rural Cemetery and those lots
to the north created in an unrecorded plat by Sol (see. :
attaohed map); Tlie r;tght-otway to be vacated is currently
with brush and and has been incorpot'ated into the
back.yarda of those l_ota which. front .on Rural Street. '
Staff Report
Vacation/Odd Fellows Cemetery
April a, 1985
Page 2
PAors AND FINDINGS
rhe strip of right-of-way proposed to be vacated is not currently
used for roadway or alley purposes is it anticipated that it
will be needed in the future. The continuation of this 12-foot
parcel to the west is no.t being vacated a.t this "ti'llle bec.ause of
the possibility that it might be incorporated into the proposed
Oemetery Bikeway which would provide access
through the cemetery between Rural and Koyt Streets, Utilities
have been contacted and it will not be necessary to retain any
easements.
POLIOY ANAAYSIS
Oouno.il has the autho:r;o.itY' to vacate afte:r;o consider-
ing the needs of the oolllllluni ty, It b Depa:r;otment of Public Works
Policy GM-4-2 to initiate vacations to put unneeded
the t.ax .. .. and
tenance.
REOOMMENJ)A!'ION
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xt is recommended t.hat Ool:Uloil appt'OVe the vaoat.!.on.
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ATTACHMENT3
UibanDevelopment Department

AT YOUR SERVICE
MEMORANDUM
TO: Julie Warncke,
Transportation Planning Manager
FROM: John Gibson
Real Property Services Specialist
DATE: July27, 2011
SUBJECT: VALUE OF LAND IN CITY INITIATED VACATION OF A REMNANT
ALLEY RIGHT-OF-WAY BORDERING SOUTH LINE OF 490 RURAL
AVE. SIN SALEM.
Assumptions: Reservation for Utilities In Alley to be vacated.
Waiver: ORS 67 4.100 (h) Valuation is performed by a salaried employee of the
federal government, the State of Oregon or a political subdivision of the
federal government or the State of Oregon while engaged in the
performance of the duties of the employee;
The subject property that would benefit from the right-of.way vacation of 673 square feet
(Attachment A), resulting in an increase In size, to 490 Rural Ave S. being under the
ownership of Pioneer Alley LLC. This adjoining pareel consists of a residential lot that is
approximately .30 acres prior to the alley vacation. This lot Is Residential (RS) with
characteristics suitable for deveiopmentiM aceerdaMee-wlth-RSzm"llA9 The land
value is based upon research of comparable sales of RS zoned properties In the
surrounding area of Salem. Research of comparable sites in the subje.ct's market indicates
sales range from $4.00 to $8.75 per square foot for RS zoned land. The appropriate unit
of comparison for this analysis is the .price per square foot. In estimatln9 the land value of
the subject consideration is given to property conveyed, market conditions,
lqc;:ation, terrain, utility, availability, parcel size, configuration, zoning, and offslte
lmprovel)lents,
The assessment of special benefits value is computed using the value per square foot
method utiflzlng the value of the parcel that the vacated right-of-waywilllnure too .
sometimes referred to as the across the fence value. The assessment of the sp.eclal
benefit If It were Imposed for property is concluded to be a value of $7.00 per
square foot, or $4,711 ($7.00 x 673 s.f.), for full fee value due to the parcel's location,
being somewhat close to downtown. However, with the added encumbrance of a
blanket utility easement to be retained from sale, the value is concluded to be reduced
by 40% to arrive at a final value determination of $4.20 per square foot X 673 square
feet= $2,826 ($2,800 rounded).
Prepared by John A. Gibson
ATTACHMENT A
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EXHIBIT MAP
-------- - ---- --- --- --- _, -------
-------- ----- -- - -----. --- - -- ' - '''' :
TGM PROJECT #2F-09, FINAL MEMORANDUM 1110 CH2MHILL
Bike & Walk Salem, Final Memorandum #10 -
Preferred Pedestrian Plan Alternative
PREPARED FOR:
PREPARED BY:
COPIES:
DATE:
Introduction
Salem Bike/Ped Plan Stakeholder Advisory Committee
Salem Bike/Ped Plan Project Team
June 28, 2011
This memorandum presents the preferred pedestrian network, building upon previous and
on-going local and regional planning efforts, and reflecting extensive input offered by city.
staff, the project's Stakeholder Advisory Committee and Salem residents. The recommended
projects and strategies described in this memo are intended to:
Build upon investments in the existing and planned system
Serve a broad range of pedestrians (including users of various ages, confidence
ieyels, trip types, and abilities)
Enhance the existing system (e.g., Americans with Disabilities Act upgrades) to
better serve users
. Expand.the system to streamline walking connections.and_devekrp
better serve existing and future destinations
Establish seamless links with surrounding communities including Keizer, and
Marion and Polk counties
Enhance user safety and comfort
.The memo begins with a discussion of recommended citywide efforts to improve Salem's
pedestrian environment, followed by a description of the preferred pedestrian network
consisting of site-specific projects. A summary of recommended project prioritization
follows, providing a general timeline for Plan implementation. The memo.concludes with a
discussion of potential funding sources to implement the recommendations described in
this Plan.
Recommended Citywide Pedestrian Improvement Strategies
Numerous strategies exist to enhance Salem's pedestrian environment on a citywide scale.
The following sections describe suggested measures for application throughout Salem as
opportunities arise.
Legend
PrDp<>5od Pccleslrio.n Notwo!k
8 ""'-"<"ln-dlonlnlp!O'wmonl>
l'!annodSI:I..,.Uco
-- Flonn.<!SIIenldU..P.Ih
Propo...:l So-.dlho I'd
Existing Pltdestrlan Facilities

L
--
I::::J S.loll>lzer UGB
I:::JSolomCIIyUmb
Map 3: Existing, Planned and Proposed Pedestrian Network- South Salem
Bike & Walk Salem
_souro:: Oty Df Salem. ODot MWVCQG._Chettlots,.Salem-Kelzer Schoo.! Dlstrlct
Author: Alta Planning+ Design
0 0.25 05 1
--"""""",_ ____ Miles
BIKE & WALK SALEM, FINAL MEMORANDUM #10- PREFERRED PEDESTRIAN PLAN ALTERNATIVE
TABLE3
Proposed Tier 2 Pedestrian Projects
Owens River Liberty
New Sidewalks or
City of Salem $242,000
Sidewalk lnfill
Parkway Glen Creek Orchard Heights
New Sidewalks or
Sidewalk lnfill
Pleasant View Connector Candlewood Salem Parkway Path Shared Use Path
City of Salem, City of
$2,350,000
Keizer, ODOT
Southern
Pleasant View/ Kroc Center Connector Terminus of Bill Frey Shared Use Path City of Salem $1,905,000
Pleasant View
Pringle Madrona Hoyt
New Sidewalks or
Sidewalk lnfill
River Acacia Minto Island
New Sidewalks or
Sidewalk lnfill
River Homestead Acacia
New Sidewalks or
Sidewalk lnfill
River Road/ Railroad Corridor Path
Minto Island
Bush Shared Use Path City of Salem $1,222,000
Road
Riverbend Wallace Urban Growth Boundary
New Sidewalks or
Sidewalk lnfill
Rural John Commercial
New Sidewalks or
Sidewalk lnflll
Rural Summer 12th
New Sidewalks or
Sidewalk lnfill
- ~ Rural/ Hoyt Connector Hoyt Rural Shared Use Path City of Salem $144,000
Salem Heights 6th Commercial
New Sidewalks or
Sidewalk lnfill
Salem Parkway Path Liberty Cherry Shared Use Path City of Salem, ODOT $623,000
~ t a t e Lancaster Cordon
New Sidewalk's or
Marion County $1,004,000
'i
Sidewalk lnfill
Sunnyside Rees Hill Cayuse
New Sidewalks or
Sidewalk lnfill
Sunnyside Mildred Boone
New Sidewalks or
Sidewalk lnfill
32
MEMORANDUM
Deparhnent of Community Services
555 Liberty Street SE, Room 300, Civic Center
Salem, Oregon 97301-3503
Phone 503-588-6261 Fax 503-315-2567 TTY 503-588-6032
e-mail: communityservices @cityofsalem.net
TO:, Mayor and City Council
FROM: Salem Parks and Recreation Advisory Board
DATE: . February 11, 2005
SUBJECT: Pioneer Cemetery Multi-Use Path
"Bih 1lort ~ 3
At their February 10, 2005, meeting, the Salem Parks and Recreation Advisory Board discussed the
concept of a pedestrian/bike path on the south border of Pioneer Cemetery. Although this topic was
not on the agenda, the Board a.ddressed the issue and, while noting there is some controversy on such
a plan, endorsed the concept.
lf such a path were developed, it should be lighted to ensure users' safety, and fenced in a way that
maintains the security of Pioneer Cemetery and City View Cemetery, particularly during hours when
those properties are closed. The Board also agreed that the north-south, off-street path could provide
a positive link between two neighborhoods and Fairmount Park. This is consistent with the intent
of the Comprehensive Park System Master Plan, which speaks to off-street pedestrian/bicycle
connections that can improve access to parks and enhance the surrounding community.
G:\Group\comserv\ADM\SPRAB\EJ131403.mem 2111/05
PARKS OPERATIONS
rks Maintenance Park Partnership
1nteer Parks Planning Street Trees
COMMUNITY RESOURCES
Human Rights Neighborhood Support Youth Prevention Riverfront Park/Community Events
Senior Center Social Services Park/Open Space/Street Permits Recreation
Programs/Aquatics
SALEM HOUSING AUTHORITY
Emergency Housing Affordable Housing
Resident Programs Housing Development
Maintenance and
Restoration Master Plan
for the
Salem Pioneer Cemetery
for the
City of Salem, Oregon
Parks Operations Division

Submitted by
Donovan and Associates
Sally Donovan & Bruce Howard
Hood River, Oregon
Draft March 19, 2004
E. Open Space and Wildlife Habitat
I. Respect Cemetery: Discourage activities or events that damage the cemetery objects, landscape
features, burials, or personal safety of pedestrians using the cemetery. Although the cemetery
is used as an open space, its preservation as a historic burial ground is the primary focus.
2. Wildlife: Respect the wildlife in the cemetery. If the wildlife is damaging the cemetery objects
or grounds, measures can be taken to mitigate negative impacts.
3. Citywide Tours: Add fue cemetery to citywide bike path maps, and self-guided walking and
driving tours as an area of historic interest.
4. Open Space: Continue to encourage the use of the cemetery as a place to stroll, jog, and walk ~
dogs. Dogs should be on kept on leashes. Install "mutt mitt dispensers" near the cemetery
entrance to encourage dog owners to pick up after their pets.
5. Vegetation Identification: Produce an informational brochure or identification tags for the tree
and plant species in the cemetery. This might be combined with a walking tour brochure.
Enlist the expertise of the Parks Division's landscape architects and local garden clubs to
identity important landscape features.
6.3 Archival Record
A. Recommendations
1. Master List: Establish a secure master repository. Create a central repository for all the
cemetery records on site or in another designated site where the Parks Division, Friends, and
City View's records could be combined and stored. Duplicate records should also be made of
key documents and kept at a different repository.
2. Inventory: Create an inventory on a computer database offue cemetery records and
correspondence currently housed -in the Parks office and other repositories such as City View
Cemetery and the Friends. This may be accomplished by volunteer labor. Supply the Friends
with copies of this inventory for their records.
3. Master Burial List: Acquire a hard copy of the Friends master burial list for the Parks
Division's records. Periodically update this burial list.
4. Records: Duplicate records from the I.O.O.F. Chemeketa Lodge No. I and City View
Cemetery records pertaining to the cemetery. A copy of these records should be kept at the
Parks Division and with the Friends.
5. Citv View Cemetery Records: Request copies of the burial records and plot map after each
interment performed at the Salem Pioneer Cemetery by City View Cemetery. Copies should be
sentto the Friends and Parks Division as part for the archival record.
6. Updates and Additions: Continue to add genealogical information, photographs, maps, family
histories, and other related histories to the comprehensive database created by the Friends.
7. Historic Research: Seek additional historic records pertaining to the cemetery in collections of
Lee Mission Cemetery Association, Willamette University Archives, Oregon State Archives,
Oregon State Library, and other repositories containing papers about Lee Mission. Contact
college students majoring in history, archeology, or historic preservation to help with these
research needs.
21
&hlblt0
We OP,pose the proposed city action to vacate the alley right-of-way
adjacent to Pioneer Cemetery at this time. This right-of-way provides the only
reasonable connection for a public pedestrian' connection between the Fairmount
Hill and Candalaria neighborhoods. A pedestrian/bicycle connection at this
location has been requested and is being cqh&idered as part of the update of the
City's TSP. Disposition of this vah;able puf?.lic resource prior to the conclusion of
the planning process is not in the best interest of the public and we ask that this
matter be placed on hold until the concurrent TSP planning process is complete . .-fJ1!/f/JJ/
1. {JJ !150 $A&;!Wl}1! .57 6
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We oppose the proposed city action to vacate the alley right-of-way
adjacent to Pioneer Cemetery at this time, This right-of-way provi!:les the only
reasonable connection for a public pedestrian connection between the Fairmount
location has been requested and is being considered as part of the update of the
City's TSP. Disposition of this valuable public resource prior to the conclusion of
matter be placed on hold until the concurrent TSP planning process is complete,
31 ( (Jf::. q'l:Mz...
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19. ________________________
20. ________________________
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L >Eh/f1...f ,.i f5c:7-6 / /vamdti 5-
3 .. ______________________ _
4. ______________________ _
5. ______________________ _
6. ______________________ _
7. _______________ _c_ _________ _
&. _________________________ _
9. _________________________ _
10. _______________________ _
11.

12. ______________________ _
13. ______________________ _
14. ______________________ _
15. ______________________ _
16. _____________________ _
17. _______________________ _
18. _______________________ _
19. ______________________ _
20. ______________________ _
,:::--;;<_
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. -

.... ___:-,.

3. ____________________________________________ ___
4. ____________________________________________ ___
5. ____________________________________________ ___
6. ____________________________________________ _
?. ________________________________________________ _
& ..________________________________________________ _
9 .. ________________________________________________ _
10. ____________________________________________ __
11. ____________________________________________ __
12. ______________________________________________ __
13. ______________________________________________ __
14 ..______________________________________________ __
15. ____________________________________________ __

17. ______________________________________________ __
18. ______________________________________________ __
19. ____________________________________________ _
20 .. ________________________________________________ _
SALEM PLANNING COMMISSION MEETING
December 7, 2004
COMMENTS OF FRIENDS OF PIONEER CEMETERY
PROPOSED AMENDMENT# 62 TO SALEM TRANSPORTATION SYSTEM PLAN
To the Chairman and Members of the Planning Commission:
My name is Elisabeth Potter. I am one of the founding officers ofthe Friends of Pioneer
Cemetery, which was organized in 1985 to support the Parks Operations Division in its
stewardship of the historic City-owned cemetery. Our official address is in care of Pioneer Trust
Bank, which administers on our behalf the Pioneer Cemetery Endowed Fund as a part of the The
SalemFoundation Charitable Trust.
In 2004, the former Odd Fellows Cemetery marked its 1501h year as a co=unity burial ground.
In observance of this milestone, the Parks agency commissioned a comprehensive master plan for
maintenance and restoration that was completed in July. Since the long dormant idea of a bicycle
path connection between Rural Avenue and Hoyt Street had dropped from the radar screen so far
as we knew, a bicycle throughway was not addressed in -this particular Parks planning document.
As citizen partners of the Parks agency, our position on the proposed amendment to the
transportation system plan is straightfonvard. We welcome responsible and appropriate
recreational use of the cemetery, and the master plan calls for interpretive kiosks and other
modest improvements for public benefit.
We do not oppose the transportation plan amendment provided there is full coordination at the
implementation stage, or so
0
ner, with the Parks Operations Division, Friends of Pioneer
Cemetery, and our neighbor, City View Cemetery. From our perspective, some of the obvious
issues are 1) control of access after dusk, 2) routing the path along an existing roadway to avoid
encroachment upon grave sites, 3) surfacing the path in a manner that is short of irreversible so
that the path is compatible with landscape values of the cemetery discussed in the master plan,
and, finally, 4) restricting access to three-wheel vehicles and motorized scooters that move at
1
speed and are likely to collide with and damage gravestones or plot curbings adjacent to the path.
It could be pointed out, also, that, as oflast May, there is an improvement in the cemetery that
stands on the potential pathway alignment. It is a 10 x 20-foot storage pen for broken grave
markers thatwas constructed on a bed of crushed rock. The storage cabinets have concrete
footings. The storage pen would have to be removed, relocated or otherwise accommodated if a
bicycle path is developed.
I would like to conclude with a comment on why security, especially at night, is a major issue of
concern to us. Vandalism, most of which occurs under cover of darkness, was so rampant in
1985, there seemed little choice but to erect a six-foot high chain-link; fence around the perimeter
ofthe 16-acre parcel in 1986 and 1987 using City and privately-raised funds. That protective
measure, along with some strategic interior lighting, reduced the problem dramatically.
Naturally, we want to do everything we can to keep things stable. We do not want the cemetery
to be vulnerable again to the small percent of the public that finds a cemetery irresistible as the
setting for destructive behavior.
Thank you for the opportunity to comment. We value our informal partnership with the City and
with the owners and managers of City View Cemetery. We will be glad to consult on this
proposal whenever it is appropriate.
Elisabeth Walton Potter
2655 Skopil AvenueS
Salem OR 97302
Friends of Pioneer Cemetery
c/o The Salem Foundation
Pioneer Trust Bank, N.A.
POBox2305
Salem OR 97308
2
. Salem Pioneer Cemetery
Preservation Handbook
City of Salem
Department of Community Services
Parks Operations Division
&
Friends of Pioneer Cemetery
- -c.----" -
Notable People
0
Buried in the Salem
--
Pioneer Cemetery
I]
Captain Charles H. Bennett
(1811-1855), one ofthe
discoveiers of gold in
California, plot #I 06.
ill
TahithaM. Brown (1780-1858),
Oregon's Pioneer Mother,
ploi#44.
ill
Asahel Bnah (1824-1913),
founding publisher of the
Oregon Statesman, banker,
and lawyer, plot #66.
[]
Governor John PolHrrd Gaines
(1795-1857), second territorial
governor of Oregon, plot #56.
m
Hiram Gorman (c. 1835-1888),
emancipated slave,
Civil War veteran, and
nevyspaper press operator,
between plots #184 & #185 ..
~ -
@]
Rev. Lewis H. Judson
(1809-1880), one of the
Oregon provisional government
organizers, plot #306.
12]
Thomas Lister Kay (1837-
1900), pio1:1-eer woole:p. textile
manufacturer, plot #421.
:;
[I]
_David LeSlie (1797-1869),
Methodist missionary and
:']-
cemetery land grantor,
plot #135 .
.
,,
[2]
Samuel R.Thurston (1815-
'
'
1851), lawyer and Oregon's 1st
delegate to Congress,
plot #-central roadc
il
IIQ]
Dr. William Holden Willson
I
(1805-1856), frrst treasurer of
1
I the provisional government and
..
proprietor oftbe SaJem
:!
:i
townsite, plot#-central road. _
Commercial Street
3
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City of Salem Internet Site > Meeting Agendas
Meeting Agendas
Subj<!ct: Sit\ URA and City Council Meetings
Date: '1/11/2011 T"1011e: 6:30PM 10:00 PM >>
Location: City Coundl Challlbers Room 240
Aprilll, 2011
City of Salem Internet Home Page: www.cityofsalem.net
UPCOMING PUBLIC HEARlNGS, WORK SESSIONS, AND FUTURE AGENDA
ITEMS:
PUBLIC HEARINGS: MEETING DATE:
(Public Hearings begin no 7;30 p.m.)
Ordinance Bill Relating to Unsolicited Written Materials- April25
Preliminazy Capital Improvement Plan FY 2011-12 through 2015-16 - April 25
Housing and Community Development Annual Action Plan- May 9
Major Amendment to the Pringle Creek Urban Renewal Area Plan- JWle 13
Continued Hearing: Appeal of Preliminary Declaration for Urban Growth Area
Development Permit No. 1 0-0 I, Located at the Southwest Comer of Cordon Road SE
and Macleay Road SE- October 1
WORK SESSIONS:
Salem Housing Authority- to be held at the Library in the Anderson Rooms- April 18,
5:30p.m
Airport Strategic Plan- April25, 5:30p.m.
Housing Needs Assessment- May 9, 5:30 p.m.
BUDGET COMMITTEE:
Review Proposed 2011-12 Budget- April 13, 20, 27, May 4, and May 11, 6:00p.m.
SCHEDULE OF NEIGHBORHOOD NEWSLETIER PUBLICATIONS:
Neighborhood Copy Due Aon_ual Meeting Date
SCAN April 13 1Wle 8
EXECUTIVE SESSION: 5:30p.m., City Manager's Conference Room
Joint City Council Urban RenewaJ Agency
Real Property Transactions- ORS 192.660 (2Xe}

SALEM HOUSING AUTHORITY
1. ROLLCALL
Pledge of Allegiance
2. PUBLIC COMMENT
3. CONSENT CALENDAR:
3.1 MINUTES:
Aprilll, 2011
6:30p.m.
(a} March 14,2011- Salem Housing Authority Commission
(b) March 2011 - :;aJem. Housing Authority Committee
3.2 RESOLUTIONS:
(a} Resolution No. 2103 Receive and Accept the Authority's Independent Audit Report
for the Year Ending September 30,2010 (UD)
6th\ bttg6 Ul 't

DocUments
to Agenda {t)
CityColmcU {18)
Meeting Mlnl.ltes (2)
Salom Houslng Autt.ority {5}
e_:AgendaSearch
http://www.cityofsalem.net/Counci!MeetingAgenda/default.aspx?InstanceiD=213&Pag.:d ...
9/15/2011 ..
Home- Meeting Agendas
Recommended Action: Staff recommends the Salem Housing Authority Commision
adopt Resolution No. 2103 to receive and accept the Housing Authority's Independent
Financial Audit Report for the fiscal year ending September 30, 2010.
3.3 ACTION ITEMS:
None.
3.4 INFORMATION REPORTS:
(a) Parkway Village Project Update (UD)
(b) Program Management Report (UD}
4. SPECIAL ORDERS OF BUSINESS
5. UNFINISHED BUSINESS
6. NEW BUSINESS
7. ADJOURNMENT
AGENDA
SALEM CITY COUNCIL
CITY OF SALEM, OREGON
April 11, 2011
Immediately Following Salem Housing Authority Meeting
l. OPENING EXERCISES: (Includes call to order, roll call, pledge of allegiance,
announcements, proclamations)
Call to Order
Roll Call
1.1 PROCLAMATIONS AND PRESENTATIONS:
(a) Proclamation: National Librazy Week 2011
(b) Proclamation: Southeast Mill Creek Association 25th Anniversary
(c) Proclamation: Alcohol and Drug Awareness Week
2. REPORTS OF BOARDS, COMMISSIONS, COMMITIEES AND
PRESENTATIONS BY OUTSIDE AGENCIES: (Includes city boards and
commissions, agencies and neighborllood associations)
(a) Salem Social Service Advisory Board Update: Northwest Human Services CrisiS
InterventionErogram(UD}
3. PUBLIC COMMENT: (Comment on agenda items other than public hearings and
deliberations)
All agenda items marked by require action by Council at this meeting
4. CONSENT CALENDAR: (Includes approval of minutes, adoption of routine
resolutions, and items ofbusiness requiring Council action)
4.I MINUTES:
(a) March 28.201 I
(b) Aprii4, 2011
4.2 RESOLUTIONS:
(a) Resolution No. 2011-26 ModifYing the City of Salem Transportation System
Development Charge Eligible Project List- Ward 8- Councilor Clem- West Salem
(PW)
Recommended Action: Staff recommends that City Council adopt Resolution No. 20 11-
26 amending the Trartsportation System Devdopment Charge Eligible Project List to
include an inten;ection widening and-traffic signal upgrade project at the inten;ection of
Edgewater Street NW and Rosemont Avenue NW, as descnDed in Table 1 of the report
(b) Resolution No. 2011-27 Authorizing a Transfer of Appropriation to be Expended for
the Purpose of Conducting Civic Center Seismic Analysis and Site Assessment- Ward 2
-Councilor Tesler- CANDO (PW)
Recommended Action: Staff recommends that City Council adopt Resolution No. 2011-
27 transferring $88,000 from Genera] Fund contingencies to Geneml Fund transfers to
initiate Civic Center seismic analysis and site assessment
4.3 ACTION ITEMS:
(a) Agreement to Ac:cept a Gift from Salem Electric for Installing Electric Vehicle
Page2 of4
http://www.cityofsalem.net/Counci!MeetingAgenda/default.aspx?InstanceiD=213&Paged... .9/15/2011
Charging Stations (PW)
Recommended Action: Staff recommends that City Council authorize the City Manager
to sign a Donation Agreement with Salem Electric to accept up to $10,000 toward
installing electric vehicle charging stations inside the City limits and within the service
area of Salem Electric.
{b) Approval to Seek Marion Soil and Water Conservation District (SWCD) Grant
Funds(PW)
Recommended Action: Staff recommends that City COlmcil authorize the City Manager
to apply for, and accept,. a $1,000 CLEAR grant from the Marion SWCD to assist with
transportation costs for classes at Title 1 schools, to attend the City's Water Festival.
(c) Renewal of Inmate Work Program IntergovemmentaJAgreement and Work Orders
(PW)
to execute the renewal of a two-year IGA and associated work orders with the Oregon
Department of Corrections (DOC) for the Parks Operations Inmate Lti.bor Program.
(d) Request for City to Initiate Vacation of a Remnant Alley Right-of-Way Located
Along the North Line of Pioneer and City View Cemeteries- Ward 7- Councilor
Cannon- SCAN (PW)
Recommended Action: Staff recommends that City Council postpone a decision on
whether to initiate vacation of a remnant alley right-of-way located along the north line
of Pioneer and City View cemeteries and direct staff to resolve the issue of whether this
right-of-way is needed to address bicycle and pedestrian connectivity as part of the
update to the Salem Transportation System Plan, bicycle arid pedestrian elements.
(e) Water Supply Agreement with Orchard Heights Water Association- Ward 8-
Councilor Clem- West Salem (PW)
to execute a short-tenn Water Supply Agreement with Orchard Heights Water
Association.
(f) Neighborhood Stabilization Program II (UD)
Recommended Action: Staff recommends that City Council authorize the termination of
the City's involvement in the Consortium Agreement between Oregon Housing and
Community Services, Clackamas County, Deschutes County, Jackson County, and
Washington County ofNSP2.
(g) Appoinnnent of Members to the Community Police Review Board
Recommended Action: The Council Board and Commission Appoinnnents Committee
recommends that City Council appoint Bruno Amicci and Lori McLaughlin as alternate
members of the Community Police Review Board.
*(h) Greenh91,1SeG:a:,s
Recommended Action: The Council Legislative Committee recommends that CitY
Council adopt the position and recommended amendnlents set out in the Facts and
Findings section ofthe reportregarding the Proposed Metropolitan Greenhouse Gas
Emission Reduction Targets Rule published by the Department of Land Conservation
and Development (DLCD).
(i) Legislative Report
Recommended Action: The Council Legislative Committee recommends that City
Council adopt the priority positions on bills contained in the Legislative Committee
Report.
5. SPECIAL ORDERS OF BUSINESS: consideration of items deferred from
the Consent Calendar and any action item which requires a selection among options,
consideration of matters of special importance to the Couricil, and management reports)
6. UNFINISHED BUSINESS: (Any business held over from a previous meeting, other
than public hearings and ordinances, which are placed under public hearings and
ordinances)
None.
7. INFORMATION REPORTS: (Items that require no Cowtcil action)
None.
8. -PUBLIC HEARINGS: (Includes deliberations, and deliberations from hearings held
over from previous meetings) '
(a) Ordinance Bill No. 37-10 Relating to Noise and Event Sound Permits; Amending
SRC Chapter 93; Amending and Renumbering SRC 93.007 and SRC 93.185; Repealizm:
Sections of SRC Chapter 93; and Adding New
SRCChapto.-51 (CD)
Reconunended Action: Staffreconunends that City Council advance Ordinance Bill No.
37-lO.to create SRC Chapter 51 for noise permitting and conunercial-industria1 noise
violations; and to amend SRC Chapter 93 to modify the definition of noise disturbance
http://www.cityofsalem.net/Counci!MeetingAgenda/default.aspx?InstanceiD=213&Paged ...
.L 5'-' J V.L I
9115/2011
J:iome - Meetmg Agendas
....
and include barking dogs, to second reading for enactment
Written testimony from: Paul Gehlar, Chairman, Go Downtown Design Conimittee.
{b) Order No. 201101-UGA In the Matter of Remanding Planning Administrator's
Delt_ision Amending Urban Growth Area Preliminary Declaration Permit OS-13A for
Property LOcated Sou!h ofDavis RoadS and East ofSb.'}'line RoadS- Ward 7-
Councilor Caniton- Sunnyslope (CD)
Recommended Action: Staff recommends that City Council adopt Order No. 2011-01-
UGA In the Matter Of Remanding Planning Administrator's Decision Amending Urban
Growth Area Preliminary Declaration Permit 05-13A for Property Located South of
Davis RoadS and East of Skyline RoadS.
Note: Tills matter was remanded back to staff on March 28, 2011, to allow them to
reissue the decision. No public testimony will be taken.
9. ORDINANCES:
9.1 FIRSTREADING:
(a) Ordinance Bill No. 15-11 Relating to Solid Waste Management; Adding SRC
47.231, and Amending SRC 47.245 (CD)
Recommended Action: Staff recommends the Unsolicited Written Materials ordinance
be considered at a public bearing onApril25, 2011.
9.2 SECOND READING:
(a) Ordinance Bill No. 14-11 Relating to Roller Skating and Skateboarding, Amending
SRC 100.230- Ward S- Couflcilor Dickey- Highland (CM)
10. PUBLIC COMf.AENT: (Other than agenda items)
11. NEW BUSINESS:
11.1 MAYOR'S ITEMS:
None.
11.2 COUNCILOR'S ITEMS:
None.
12. ADJOURNMENT
.1::12Ine. I A!2ru1t 1 1 oty eoundl I 0tv Remrrler 1
Bre_ I f2lite. I Munldpa! Court I !,ega! I Human R!ahts {
Houslna&SocJaJ&rvlces.l----BI..I:ks. -1
Yriuth D_evelooment 1 A/mQ!:t 1 Parfdng Sety!w 1 TmnsqortaVOO
_Mam 1 Np]qhbcirbood As::rviQ!ions I "pUblic Worits I !lrflan Di:ye!onfnent
Copyright 2011 oty of Salem, OregOn All Rights Reserved
All Oty pages are maintained by Oty of Salem employees.
Email comments or suggestions tD webmaster@cttyofsalem.net
Wehs!tg D_!sdaJmer
Page4of4
..
CITY
AWARDS
I

http://www.cityofsalem.net/CouncilMeetingAgendaldefault.aspx?InstanceiD=213&Paged ... 9/15/2011
April 25, 2011
4.1 (a)
This Final Action Agenda!Millutes is supplemented by electronic recordings of the meetuig, which may be
reviewed upon request to the City Recorder. City Council meetings from J311nary 6, 2003 forward can be
viewed on-line at httn:lfwww.cctvsalem.org/streaming.php under "Salem City Council." Staff reports,
resolutions, ordinances . 81ld other documents related to this meeting are available at
http:f/www.citvofsalem.net/MeetingAgendasfdefault.asox at the corresponding agenda date. Adobe Acrobat
reader is required to open these pdf files. If you do not have it, you can download it for free from
http://www.com!products/acrobatfreadste,p2.html.
I
DRAFT
I
EXECUTIVE SESSION: 5:30p.m.
Joint City Council and Urban Renewal Agency
Real Property Transactions- ORS 192.660 (2)(e)
City Manager's Conference Room
FINAL ACTION AGENDA/MINUTES
SALEM CITY COUNCIL
CITY OF SALEM, OREGON
Aprilll, 2011
Immediately Following Salem Housing Authority Meeting
1. OPENING EXERCISES: (Includes call to order, roll call, pledge of allegiance, armouncements. proclamations)
Call to Order: .6:35p.m.
Roll Call
Present: Mayor Peterson and Councilors Bennett, Nanke, Clausen, Dickey, Thomas,
Cannon, and Clem. Absent: Councilor Tesler.
. -
1.1 PROCLAMATIONS AND PRESENTATIONS:
(a) Proclamation: Natioruu Library Week 2011 by Mayor Peterson to
Ray Lambeth, Chair, Library Advisory Board, proclaiming April 10-16, 2011,
"National Library Week."
(b) Proclamation: Southeast Mill Creek Association 25th Presented by
MayorPeterson to Bill Rothrock, Vice Chair, SEMCA, proclaiming 2011 as
"Southeast Mill Creek Association's 25th Anniversary."
(c) Proclamation: Alcohol and Drug Awareness Week- Presented by Councilor
Dickey to high school students Hayden Muhs, Jessie Garcia, and Aida Zavala,
proc!ainiing April 11-15, 2011, "Alcohol and Drug Awareness Week.".
I City Couneil Meeting F"mal Action Agenda!M"mute< II, 2011
2. REPORTS OF BOARDS, COMMISSIONS, COMMITTEES AND
PRESENTATIONS BY OUTSIDE AGENCIES: (lncludei city boards and commissions, non-profit
agencies and neighborhood associations)
(a) . Salem Social Service Advisory Board Update: Northwest Human Services Crisis
Intervention Program (UD)
AppearanCes by:
Cheryl Funderburk, SSAB Member
Mary Nathe, Northwest Human Services
Questions or Comments by: Mayor Peterson and Councilor Clem.
3. PUBLIC COMMENT: (Comment on agenda items other than public hearings and deliberations)
Appearances by:
Dave Moss, 1510 Fairmount AvenueS
Steve Silberman, President and Publisher, Statesman journal
Agenda ltem:
4.3 (d)
9.1 (a)
Questions or Comments by: Mayor Peterson and Councilors Nanke and Clem.
4. CONSENT CALENDAR: (lnclu<J.s approval of minutes, adoption of routine resolntions, and items of business
requiring Council action)
Motion: Move for approval of the Consent Calendar with Additions I Deletions
I Revisions, minus pulled i t ~ 4.2 (a) - Councilor Cla,usen, 4.2 (b)-
Councilor Clausen, and 4.3 (d)- Councilor Cannon.
Motion b;y: Councilor Bennett
Seconded by: Councilor Nanke
Action: Approved the Consent Calendar with Additions I Deletions I
Revisions, minus pulled items 4.2 (a) - Councilor Clausen, '4.2 (b)-
Councilor Clausen, and 4.3 (d)- Councilor Cannon.
Vote:
Aye:
Nay:
Unanimous
Councilor Nanke registered a no vote on agenda item 4.3 (h)
Councilor Cannon registered a no vote on agenda item 4.3 (i)
Absientions:
4.1 MINUTES:
(a) March 28, 2011
Action: Approved.
(b) . April4, 2011
Action: Approved.
4.2 RESOLUTIONS:
(a) Resolution No. 2011-26 Modifying the City of Salem Transportation System
Development Charge Eligible Project List- Ward 8- Councilor Clem- West
Salem (PW)
Action: Pulled by Councilor Clausen-see agenda item 5 (a).
(b) Resolution No. 2011-27 Authorizing a Transfer of }\ppropriation to be Expended
for the Purpose of Conducting Civic Center Seismic Analysis and Site
Assessment- Ward 2- Councilor Tesl.er- CANDO (PW)
Action: Pulled by CoUncilor Clausen- see agenda item 5 (b).
4.3 ACTION ITEMS:
(a) Agreement to Accept a Gift from Salem Electric for Installing Electric Vehicle
Charging Stations (PW)
Action: Authorized the City Manager to sign a Donation Agreement with
Salem Electric to accept up.to $10,000 toward installing electric
vehicle charging stations inside the city limits and Within the seryice
area of Salem Electric.
(b) Approval to Seek Marion Soil and Water Conservation District (SWCD) Grant
Funds (PW)
Action: Authorized the City Manager to apply for, and. accept, a $1,000
CLEAR grant from the Marion SWCD to assist with transportation
costs for classes at Title 1 schools, to attend the City's Water Festival.
(c) Renewal of Inmate Work Program Intergoyernmental Agreement and Work
Orders (PW)
Action: Authorized the City Manager to execute the renewal of a two-year
IGA and associated work orders with the Oregon Department of
Corrections (DOC) for the Parks Operations Inmate Labor Program.
3 City Council Meeting Fina) Action AgendaJMinutes- April!!, 2011
Request for City to Initiate Vacation of a Remnant Alley Right-of-Way Located
Along the North Line of Pioneer and City View Cemeteries- Ward 7- Councilor
Cannon- SCAN (PW)
Action: Pulled by Councilor Cannon- see agenda item 5 (c).
(e) Water Supply Agreement with Orch&rd Heights Water Association- Ward 8-
Councilor Clem- West Salem (PW)
Action: Authorized the City Manager to execute a short-term Water Supply
Agreement with Orchard Heights Water Association.
(f) Neighborhood Stabilization Program II (UD)
Action: Authorized the termination of the City's involvement in the
Consortium Agreement between Oregon Housing and Community
Services, Clackamas County, Dellchutes County, Jackson County, and
Washington County ofNSP2.
(g) Appointment of Alternate Members to the Community Police Review Board
Action: Appointed Bruno Amicci and Lori McLaughlin as alternate members
of the Community Police Review Board.
(h) Greenhouse Gas Emission Reduction Targets
Action: Adopted the position and recommended amendments set out in the
Facts and Findings seetion of the report regarding the Proposed
Metropolitan Greenhouse Gas Emission Reduction Targets Rule
published by the Department of Land Conservation and Development
(DLCD).
(i) Legislative Report
Action: Adopted the priority positions on bills contained in the Legislative
Committee Report.
.
5. SPECIAL ORDERS OF BUSINESS: (Includes ccnsidcrationofitems deferred trom the Consent calendar
and any action item which requires a selectif?n among consideration ofmatiers of special importance to the Cotmcil. and
management reports)
(a) 4.2 (a) Resolution No. 2011-26 Modifying the City of Salem Transportation
System Development Charge Eligible Project List- Ward 8- Councilor Clem-
West Salem (PW)
(b)
Motion: Move to approve staff recommendation to adopt Resolution No. 2011-
26 amending the Transportation System Development Charges
Eligible Project List to include an intersection widening and traffic
signal upgrade project at the intersection of Edgewater Street NW and
Rosemont Avenue NW, as described in Table 1 of the report.
Motion by:
Seconded by:
Councilor Clausen
Councilor Bennett
Questions or Comments by: Councilors Clausen, Nanke, and Clem.
Action: Adopted Resolution No. 2011-26.
Vote:
Aye: Unanimous
Nay:
Abstentions:
4.2 (b) Resolution No. 20.11-27 Authorizing a Trimsfer of Appropriation to be
Expended for the PU!pose of Conducting Civic Center Seismic Analysis and Site
Assessment- Ward 2- Councilor Tesler- CANDO (PW)
.Mevete-approve staffrecomrnendation to adoptResolutien-No.-2011-
'P traosferring $88,000 from General Fund contingencies to General
Fund traosfers to initiate Civic Center seismic analysis and site
. assessment.
Motion by:
Seconded by:
Councilor Clausen
Councilor Nanke
Questions or Comments by: Councilors Clausen.and Nanke.
Action: Adopted Resolution No. 2011-27.
Vote:
Aye: Unaoimous
Nay:
Abstentions:
s Cily Meeting Final Action 1?-gcnda/M"mutcs-AP,rilll, 2011
(c) 4.3 (d) Request for City to Initiate Vacation ofa Remnant Alley Right-of-Way
Located Along the North Line of Pioneer and City View Cemeteries- Ward 7-
Councilor Cannon- SCAN (PW)
Motion: Move to initiate vacation of a remnant alley right-of-way located along
the north line of Pioneer and City View cemeteries.
Motion by:
Seconded by:
Councilor Cannon
Councilor Bennett
Questions or Comments by: Councilors Cannon and Nanke.
Action: Vacation of a remnant alley right-of-way located along the north line
of Pioneer and City View cemeteries will be initiated.
Vote:
Aye: Unanimous
Nay: .
Abstentions:
6. UNFINISHED BUSINESS: (Any business held over frilm a pievious meeting, other than public hearings and
which are placed under public hearings and ordirumces)
None.
7. . INFORMATION REPORTS: (ItemsthatrcquirenoCouncileetionJ
None.
8. PUBLIC HEARINGS: (Includes dcliberlllions. IU)d deliberations lipm heetings bela over from previous meelings)
(a) Orclinance Bill No. 37-10 Relating to Noise and Event Sound Permits; Amending
SRC Chapter 93; Amending and Renumbering SRC 93.007 andSRC 93.185;
Repealing Sections of SRC Chapter 93;.and Adding New SRC Chapter 51 (CD)
Persons Testifying:
Support: Di!Vid Glennie, 445 Myers Street NE
Oppose:
Neutral: Ross Swartzendruber, 335 Grove StteetNE
Organizations:
Support.' Paul Gehlar, 471 High Street SE, Cli.air, Go Downtown Design
Committee
Oppose:
Neutral:
---- _ ----. - --- . .. ______ .. 6 ...... _____ _ __ Cizy.CouncilM!ing.F.inlllAction.Agenda!Minutos=A!>riLll,:WlL .. ________ _
Questions or Comments by: Councilor Canl].on.
Action:
Vote:
Aye:
Nay:
Adopted Order No.
Councilors Bennett, Nanke, Clausen, Dickey, Thomas, Clem, and
Mayor Peterson
Abstentions: Councilor Cannon
9. ORDINANCES:
9.1 FIRST READING:
(a). Ordinance Bill No: 15-11 Relating to Solid Waste; Creating New Provisions;
Amending SRC 47.245 (CD)
Motion: Move to adopt staff recommendation to consider the Unsolicited
Written Material ordinance at a public hearing on April25, 2011.
Motion by: Councilor Bennett
Seconded by:. CouncilorNanke
Questions or Comments. by: Councilor Bennett.
Action: The Unsolicited Written Material ordinance will be considered at a
public hearing on April 25, 2011.
Vote:
Aye: Unanimous
Nay:
Abstentions:
9.2 SECOND READING:
(a) Ordinance Bill No. 14-11 Relating to Roller Skating and Skateboarding,
AmendingSRC 100.230- Ward 5-Councilor Dickey- Highland (CM)
Action: Adopted Ordinance Bill No. 14-11.
Vote:
Aye: Unanimous
Nay:
Abstentions:
10. PUBLIC COMMENT: (Otherthanagendaitems)
None.
8 City Council Mooting Fmal Action Agcnda/Minut<:s- April II, 2011
Evidence Received From: None.
Support:
Oppose:
Neutral:
Questions or Comments by: Mayor Peterson and Councilors Nanke, Bepnett,
Clem, Cannon, Thonias, and Dickey.
Motion: Move to adopt staff recommendation to advance Ordinance Bill No.
37-10 to create SRC Chapter 51 for noise permitting and commercial-
industrial.noise violations; and to amend SRC Chapter 93 to modify
the definition of noise disturbance and include barking dogs, to second
reading for enactment, with incorporation of amendmentS provided by
Paul Gehlar; items 1, 2, and 4 provided by Carole Smith; amend the
SRC related to idling engines from fifteen minutes to ten minutes; and
keep the record open for. written testimony for a period of seven days.
1'!{otion by: Councilor Bennett
Seconded by: Councilor Nanke
Questions or Comments by: Councilors Nanke and Cannon.
Action: Advanced Ordinance Bill No. 37-10 to create SRC Chapter 51 for
noise permitting and commercial-industrial noise violatiorui; and to
amend SRC Chapter 93 to modify the definition of noise disturbance
and include barking dogs, to second reading for enactment, with
jncorporation of amendments provided by Paul Gehlar; iterris 1, 2, and
4 provided by Carole SmilJl;the SRC related. to idling engines will be
amended from fifteen mlliutes to ten minutes; and the reeord will be
kept open for written testimony for a period of seven days.
Vote:
Aye: . Unanimous
Nay:
Abstentions:
(b) Order No. 20llc0l-UGA In the Matter ofRemanding Pliiimi.ng A1hr!inistrator's
Decision Amending Urban Growth Area Preliminary Declaration Permit 05-13A
for Property Located South of Davis RoadS and East of Skyline RoadS- Ward 7
Cannon- Sunnyslope (CD)
Motion: Move to approve staffrecommend!ltion to adopt-Order No. 2011-01-
UGA In the Matter of Remanding Planning Administrator's Decision
Amending Urban Growth Area Preliminary Declaration Permit 05-
for Property Located South of Davis RoadS and East of Skyline
RoadS. .
Motion by:
Seconded by:
Councilor Bennett
Councilor Clem

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