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Gervais council continues hearings on Cedar Avenue block and Block 58 alley vacation after staff recommends approval with easements
Summary
City staff recommended approval of two right-of-way vacation petitions — a 60-by-220-foot section of Cedar Avenue and a 20-by-200-foot alley in Block 58 — subject to utility easements and other standard conditions. Council voted to continue the hearings to Dec. 5 to confirm signatures and outstanding details.
The Gervais City Council held back-to-back public hearings on petitions to vacate a block of Cedar Avenue between 6th and 7th streets and a public alley in Block 58. Holly Byram, the contract city planner with the Mid-Willamette Valley Council of Governments, told the council staff recommended approval of both petitions subject to standard conditions and reserved easements.
Byram said the Cedar Avenue segment is approximately 60 feet wide and 220 feet long and that staff proposes a 30-foot-wide public utility easement centered on the vacated right of way and a 10-foot PGE power-line easement. She also identified abandoned telecommunications pedestals and advised the city to confirm that signatures on petition materials reflect current property ownership before final enactment.
"The recommendation for this section of Cedar Avenue is for the city council to approve the vacation ultimately, subject to the recommended conditions of approval," Byram said, listing seven standard conditions including requiring benefiting property owners to sign PGE forms, having the petitioner hire a licensed surveyor and recording the ordinance with Marion County.
During public testimony, Michael Gregory, an applicant and resident at 345 7th Street, said the vacation would provide off-street parking, larger yards and reduce city maintenance burdens. "We were planning to go between 6 and 7 — the full section," Gregory said when asked to confirm the petition's scope.
City staff and the city engineer (Kyle) said street connectivity would not be prejudiced by vacating the block because nearby Birch and Douglas provide alternate connections, and staff recommended reserving utility easements to preserve service lines and future looping needs. Kyle also noted that telecom facilities are governed by franchise agreements; staff said DataVision pedestals could be removed under the franchise relationship.
After public testimony and staff responses, the council moved and voted to reopen and continue the public hearing for the Cedar Avenue petition (file BAC2024-01) to Thursday, Dec. 5, 2024, at 7:00 p.m., to allow staff to confirm signatures, finalize conditions and return with a draft enactment ordinance. The transcript records a roll-call vote and the motion passing.
Byram presented the second petition for the Block 58 alley (file VAC2024-02), describing the alley as roughly 20 feet wide and 200 feet long, and recommending approval with conditions including a 10-foot PGE easement and a 10-foot water utility easement to preserve service lines that currently serve two homes. Staff again recommended removing abandoned pedestals in coordination with the franchise agreement before the vacation is recorded.
Council did not enact final ordinances during the session; staff will return with confirmations of ownership, signed PGE easement forms and a certified survey or legal description for recording before final action.
