HomeMy WebLinkAbout2014-0701 Council Agenda PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 1, 2014
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly
scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Study Session of June 16, 2014
3. Business Meeting of June 17, 2014
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation by Oregon Shakespeare Festival regarding Green Show stage
redesign
2. 2014 Drought update
VII. CONSENT AGENDA
1. Request to modify existing Hamilton Creek Conservation Easement
2. Approval of an Intergovernmental Agreement for the Oregon Department of
Aviation Pavement Maintenance Program
3. A resolution titled, "A resolution authorizing a loan from the Safe Drinking
Water Revolving Loan Fund by entering into a financing contract with the
Oregon Infrastructure Finance Authority"
4. Contract with Pathway Enterprises to provide janitorial services
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. All hearings must
conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180.
VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US
9:30 p.m. by a two-thirds vote of council {AMC §2.04.050})
None.
IX. PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits
to enable all people wishing to speak to complete their testimony.) (15 minutes
maximum)
X. UNFINISHED BUSINESS
1. First reading by title only of an ordinance titled, "An ordinance amending the
Ashland Municipal Code Title 6 Business Licenses and Regulations to add
Chapter 6.50 establishing time, place, and manner regulations and a
permitting process for medical marijuana dispensaries"
XI. NEW AND MISCELLANEOUS BUSINESS
1. Planning Commission's Report on considering a limited type of short term
traveler's accommodation in residential zones
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Second reading by title only of an ordinance titled, "An ordinance amending
18.08, 18.32.025, 18.40.030, and 18.52.020 of the Ashland Municipal Code
establishing medical marijuana dispensaries as a special permitted use in the
Commercial (C-1), Employment (E-1) and Industrial (M-1) zoning districts"
2. First reading by title only of an ordinance titled, "An ordinance establishing a
tax on the sale of marijuana and marijuana-infused products in the City of
Ashland"
3. First reading by title only of an ordinance titled, "An ordinance amending
Ashland Municipal Code Chapter 1.08 General Penalty, Sections 1.08.010,
1.08.020 and 1.08.030 compliant with current state statues"
4. Second reading by title only of an ordinance titled, "An ordinance amending
AMC Chapter 2; Rules of City Council, Uniform Policies and Operating
Procedures for advisory commissions and boards, Recreation Commission,
Conservation Commission; and certain administrative and operating
departments"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180.
VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US
Minutes for the City Council Study Session
June 16, 2014
Page I of 1
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, June 16, 2014
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:33 p.m. in the Siskiyou Room.
Councilor Voisin, Marsh, Slattery, and LemhOLise were present. Councilor Morris arrived at 5:34 p.m.
Councilor Rosenthal arrived at 5:36 p.m.
Mayor Stromberg switched agenda items with Council consent.
1. Presentation by John Lee of Folium Partners (as requested at June 3 Council meeting)
John Lee and Steve Christensen, co-founders of Folium Partners, a company that builds applications for
mobile devices and the publishing industry, explained why they were moving their company to Portland, OR.
They established Folium Partners in 2009 and were the first company to receive a $300,000 equity
investment reward from the Southern Oregon Angel Investment Network.
Mr. Lee explained startup companies typically looked to local resources like Southern Oregon University
(SOU) for employees. Startups cannot afford high-end salaries and offer experience and stock options
instead. Another part of labor was volunteers who had already made their money and received a larger
percentage of the company stock. They focused on students from the Computer Science program at SOU
and discovered the program did not cover basic concepts and students did not have a strong foundation
essential for skilled programmers. They ended up getting interns from Oregon Institute of Technology (OIT)
in Klamath Falls and had to compensate them more to cover rent and other expenses.
Mr. Lee suggested OIT insource their computer science program into SOU as Oregon Healing & Science
University (OHSU) did with their nursing program. This was an idea he had broached with Senator Wyden,
Representative Buckley, and Governor Kitzhaber. Possible matching funding could come from the
Engineering Technology Industry Council. Representative Buckley went on to set up a meeting with the
President of SOU whose focus was more on graduate school than the computer science program. Mr. Lee
was concerned that students were graduating from SOU with a degree in computer science and could not
code.
Mr. Lee did not know how Ashland could build and support a technology sector without a constant feeding
of labor. It was difficult to establish businesses in Ashland, there were concerns on size and lack of otherjob
opportunities as well as salary. Establishing an incubator in Ashland would help. They were moving their
company to Portland to have a labor pool and access to capital.
Council noted the change in SOU presidents might present an opportunity for the City to influence possible
change. Alternately, the City could look at other elements of the economy and not assume high tech will be
the ultimate industry in Ashland.
2. Look Ahead review
Administrative Services Director Lee Tuneberg reviewed items on the Look Ahead.
Meeting adjourned at 6:46 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
Regular City Council Meeting
June 17, 2014
Page 1 of 9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 17, 2014
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Mortis, Lemhouse, Slattery, Rosenthal, and Marsh were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Airport, Wildfire Mitigation, Forest Lands, Historic,
Public Arts, and Tree Commissions.
APPROVAL OF MINUTES
The minutes of the Special Meeting of May 29, 2014, Study Session of June 2, 2014 and Business
Meeting of June 3, 2014 were approved as presented.
Mayor Stromberg moved PUBLIC FORUM before the CONSENT AGENDA and agenda items 3.
Adoption of a resolution titled, "A resolution adopting a supplemental budget establishing
appropriations within the 2013-2015 biennium budget" and 4. Adoption of a resolution titled, "A
resolution transferring appropriations within the 2013-2015 biennium budget," under
ORDINANCES, RESOLUTIONS AND CONTRACTS after the first Public Hearing.
SPECIAL PRESENTATIONS & AWARDS
1. Report on winter shelter program for 2013-2014
Heidi Parker explained she was the volunteer coordinator for the homeless winter shelters in Ashland and
reported the 2013-14 shelter was successful. They were able to provide shelter nights Monday through
Thursday from Thanksgiving Week through mid April for a total of 78 nights of shelter, and two
emergency shelter nights. They served more people than originally anticipated averaging twenty guests
per night. They utilized 80 volunteers and were able to have additional volunteers provide food and greet
guests. They now had a volunteer base of 116, all from Ashland. The need for showers and clean clothes
was a challenge and she expressed gratitude to OHRA (Options for Homeless Residents of Ashland) for
the new shower and laundry unit. The goal was shelter every night during the winter. Each shelter had a
volunteer coordinator. The Presbyterian Church hosted Monday nights. The City of Ashland, Temple
Emek Shalom and the Rogue Valley Unitarian Universalists Fellowship (RVUUF) hosted Tuesday and
Thursday nights at Pioneer Hall. Trinity Episcopal Church hosted Wednesday nights.
John Wieczorek represented RVUUF and with the help of the City and Temple Emek Shalom, they
provided shelter to 725 guests at Pioneer Hall during the winter. They averaged 16 men and 5 women
with 2.2 dogs each night.
Russ Otte represented Trinity Episcopal Church. Average attendance was slightly over 20 people per
night. With the help of guests, the Church would try to accommodate 30 guests each night next winter.
He noted the challenge and difficulty having to turn people away when the shelter reached capacity and
encouraged non-church members to volunteer.
Bob, last name unknown, represented the First Presbyterian Church shelter who served 433 people, 362
men, 71 women, 3 children, and 35 dogs and cats, averaging over 20 people each night. The Church had
Regular City Council Meeting
June 17, 2014
Page 2 of 9
successfully run its shelter for seven years.
Ms. Parker explained the process for emergency shelter nights that started with City Administrator
contacting her when they needed emergency shelter. There was a specific group of volunteers and duties
for emergency shelter nights as well. If one of the sites were unable to serve as an emergency shelter, the
City would provide an available site.
2. Semi-annual report from the Ashland Community Resource Center
Leigh Madsen, the manager of the Ashland Community Resource Center and David Mulig the director of
support services at ACCESS provided the report. Mr. Madsen shared three stories where the Resource
Center helped a homeless family, a person who lost theirjob and house and a chronically homeless man.
Over the past four months, the Center helped house nine people, helped over nine people find
employment and assisted several chronically homeless individuals.
Next steps were serving people already housed. The Resource Center planned to introduce several
trainings from ACCESS that included nutrition, lessons on cooking healthy food, Ready to Rent
certification and money management. During the summer school closures, the Maslow Project
representative would work out of the Center on Tuesdays.
The Resource Center was also able to get three people to Jackson County Mental Health Service.
Currently Jackson County Mental Health did not have enough people to service clients and were unable to
come to Ashland. The Resource Center would focus on additional funds and increasing services to low-
income households.
3. Thank you presentation to Recology for their assistance with the FireWise Day activities
Mayor Stromberg and Fire Chief John Karns presented Recology representative and Conservation
Commissioner Risa Buck with a plaque that recognized Recology's efforts during FireWise Day.
CONSENT AGENDA
1. Approval of commission, committee, and board minutes
2. Appointments to Band Board
3. Appointment to Conservation Commission
4. Appointment to Tree Commission
5. Appointment to Wildfire Mitigation Commission
6. Liquor license application for Mark Hedford dba Martolli's Hand Tossed Pizza
7. Liquor license application for Christian Canady dba Home State BBQ
8. Liquor license application for Hani Hahe dba Taj Indian Restaurant
9. Liquor license application for Christian Senf dba Gil's
10. Liquor license application for Edward "Web" Staunton dba North West Raw
11. Approval of two intergovernmental agreements with Emergency Communications of Southern
Oregon for dispatch services
12. Approval of intergovernmental agreement with the Oregon Department of Transportation for
commercial vehicle inspection services
13. Donation of 2006 Ford Lift Van to Parks and Recreation Department from RVTD
14. Declaration and authorization to dispose of 1993 Type 1 Fire Pumper
15. Approval of intergovernmental agreement with the City of Medford for acceptance and disposal
of partially treated biosolids
Councilor Slattery/Rosenthal m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion
passed.
Regular City Council Meeting
June 17, 2014
Page 3 of 9
PUBLIC FORUM
Elizabeth Hallett/938 Mountain Meadows Circle/Was actively involved with Southern Oregon Climate
Action Now (SOCAN) and spoke on divestment from fossil fuels. She referenced the Valdez Principals
and expressed concern regarding the fossil fuel industry's business plan to dump five times more carbon
dioxide into the atmosphere than was safe. Ashland should not invest in companies lobbying against
cleaner energy solutions and funding climate denial and anti-science think tanks.
Donna Swanson/863 Plum Ridge DriveNolunteered with SOCAN and shared examples of what other
cities were doing to combat the global warning issue through fossil fuel divestment and investing in
alternative energy sources.
Tamsin Taylor/580 Mountain Meadows Drive/Was also involved with SOCAN's Divestment Project.
The Local Government Investment Pool included fossil fuels and therefore the City of Ashland invested
in fossil fuels. She recommended the City join other cities in Oregon by signing a resolution to urge the
short-term investment board, the retirement board of the Public Employment Retirement System and the
Oregon State Treasurer to review holdings in fossil fuel companies, cease investments in fossil fuel
companies, and seek investment opportunities in sustainable energy sources.
Winston Friedman/1073 E Main Street/Was a SOCAN Divestment Project member and read from the
draft resolution submitted into the record SOCAN wanted Council to consider and pass.
Marni Koopman/1790 Homes Avenue/Explained she was the Chair of the Conservation Commission
and read a statement submitted into the record on behalf of the Conservation Commission supporting
divestment from fossil fuels.
Johnny Bolton/165 E Main Street/Referred to the recent shooting by Jackson County police that
resulted in the death of an Ashland resident. He recommended the police wear body worn cameras. The
cameras would provide evidence and accountability.
Judy Kerstetter/1354 Quincy Street/Addressed the irresponsible spraying of the herbicide Glyphosate,
marketed by Monsanto as Round Up. A property owner above her apartment sprayed 100-feet of
Glyphosate over the past six months and wanted to know if a permit to use herbicide was required in
Ashland.
Nancy Nelson/149 Clear Creek Drive #202Nolunteered with Oregon Right to Know to obtain enough
petition signatures to get the initiative For Labeling GMOs on the 2014 ballot. The deadline was Monday
June 23, 2014 for mail in signatures, and the deadline for signing petitions was the end of June.
Councilor Voisin/Marsh m/s put on the agenda the resolution for the City Council to divest in fossil
fuels. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Public Hearing and first and second reading of an ordinance titled, "An ordinance levying taxes
for the period of July 1, 2014 to and including June 30, 2015, such taxes in the sum of $10,083,
098 upon all real and personal property subject to assessment and levy within the corporate
limits of the City of Ashland, Jackson County, Oregon"
Administrative Services Director Lee Tuneberg explained one variable that would not come into play
until after July 1, 2014 was the levy the new Library District Board would decide and what services the
money would provide. The ordinance contained a local option levy for additional services if needed.
Staff also secured a one-month extension from the County for certifying the City's taxes to them. If the
Regular City Council Meeting
June 17, 2014
Page 4 of 9
local option levy was not needed or the amount was less, staff would come back to Council to change the
ordinance.
Public Hearing Open: 8:06 p.m.
Public Hearing Closed: 8:06 p.m.
Mr. Tuneberg read the ordinance aloud.
(a) Adoption of a resolution titled, "A resolution certifying that the City of Ashland provides the
following four or more municipal services enumerated section 1, ORS 221.760"
Councilor Rosenthal/Slattery m/s to approve Resolution #2014-11. Voice Vote: all AYES. Motion
passed.
(b) Adoption of a resolution titled, "A resolution declaring the City's election to receive state
revenues"
Councilor Rosenthal/Slattery m/s to approve Resolution #2014-10. Voice Vote: all AYES. Motion
passed.
Councilor Rosenthal/Marsh m/s to approve First Reading and Second Reading by emergency
clause to approve Ordinance #3096. Roll Call Vote: Councilor Voisin, Marsh, Lemhouse, Slattery,
Morris and Rosenthal, YES. Motion passed.
Mr. Tuneberg clarified the correct amount was $10,866,963 and noted the agenda was incorrect.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Adoption of a resolution titled, "A resolution adopting a supplemental budget establishing
appropriations within the 2013-2015 biennium budget"
Councilor Voisin/Slattery m/s to approve Resolution #2014-12. Voice Vote: all AYES. Motion
passed.
2. Adoption of a resolution titled, "A resolution transferring appropriations within the 2013-2015
biennium budget"
Councilor Morris/Voisin m/s to approve Resolution #2014-13. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS -continued
2. Public Hearing and first reading by title only of an ordinance titled, "An ordinance amending
18.08, 18.32.025, 18.40.030, and 18.52.020 of the Ashland Municipal Code establishing medical
marijuana dispensaries as a special permitted use in the Commercial (C-1), Employment (E-1)
and Industrial (M-1) zoning districts"
Community Development Director Bill Molnar, Planning Commission Chair Richard Kaplan, and
Planning Manager Maria Harris explained the proposed ordinance would allow dispensaries on a property
with a boundary line adjacent to higher order boulevards in the C-1, E-1, and M-1 zones, where high
volume uses currently exist although traffic volumes for dispensaries was unknown at this time. Busier
streets would also provide natural surveillance and reduce security concerns. The Planning Commission
recommended prohibiting dispensaries within the downtown design standard zone or the north side of
Lithia Way. The Commission suggested making dispensaries a special permitted use rather than a
Regular City Council Meeting
June 17, 2014
Page 5 of 9
conditional use. The special permitted use provided clear land use requirements and a predictable
planning approval process for business owners and neighbors. Dispensaries would locate in a permanent
building with no outside storage. Site and building exterior would be consistent with site design and use
standards. No security bars on windows or doors, no drive tip and hours of operation confined to 7:00
a.m. to 7:00 p.m. It would also have secure marijuana disposal requirements. The Planning Commission
recommended adding medical marijuana dispensaries as a prohibited home occupation to the ordinance.
It also did not recommend dispensaries in the downtown area or Rail Road District until traffic, parking,
and potential residential impacts were determined.
Council expressed concern locating dispensaries on boulevards that bordered residential areas. Staff
responded the properties along the boulevard zoned commercial where the backs of the properties abutted
residentially zoned properties had a history of being adjacent to more intense commercial activity.
The Commission also looked where pharmacies were generally located as well as high volume retail uses.
The front door of the dispensary would not necessarily face the boulevard or on the corner of a lateral
street.
City Attorney Dave Lohman explained the underlying issue with time, place, and manner was whether
Council wanted a special permit for dispensaries similar to the permit provisions for tobacco retailers,
pawn shops, taxis, and tour buses.
One issue in both ordinances was the hours provision and securing the disposal of marijuana remnants. It
depended where Council wanted the flexibility. It was easier to change a time, place, and manner
ordinance than a land use ordinance. Section 6.50.040 Initial Permit Application and Fee
Requirements described the permit application and fee requirements. Section 6.50.060 Permit
Conditions listed potential restrictions. If Council adopted the ordinance Section 6.50.060 Permit
Conditions (J) would have to change from a person convicted once or more in the past five years or twice
or more in the past ten years for the manufacture or delivery of a controlled substance, to the reflect the
state's timeframe of convicted twice ever.
Section 6.50.070 Examination of Books, Records, and Premises was similar to the requirements for the
Transient Occupancy Tax with the exemption that it allowed actual onsite inspections. Section 6.50.090
Confidentiality explained the City would abide by public records laws but keep information as
confidential as possible. This provision was similar to the Business License, Food and Beverage, and
Transient Occupancy Tax ordinances.
Mr. Lohman clarified the police would not have to obtain a search warrant to search a dispensary but
would require reasonable suspicion. The ordinance would not set precedence for legalized marijuana.
Public Hearing Open: 8:53 p.m.
William Clary/460 Williamson Way/Supported Council adopting the ordinance proposed by the
Planning Commission. The ordinance had gone through the public process and balanced the needs of
citizens requiring access to medical marijuana and traffic related concerns that would affect residential
zones. Medical marijuana dispensaries had the potential to morph into a new business should marijuana
be legalized. Legalization could create high traffic impact and overrun low capacity residential streets.
The located adjacent to a boulevard was a reasonable forward-looking requirement.
Ronda Barker/459 Williamson Way/Until the proposals were final, residents from Williamson Way
wanted to keep Council aware the narrow streets of their neighborhood were not designed to handle the
increased traffic generated with a dispensary. Boulevards were bettered suited for high volumes of traffic.
The proposed ordinance addressed the needs of residential areas and provided option for the businesses to
be located.
Regular City Council Meeting
June 17, 2014
Page 6 of 9
David Helmich/468 Williamson Way/Supported the proposed ordinance and encouraged Council to
approve the Planning Commission's ordinance as drafted and use the boulevard standard.
Nancy Nelson/149 Clear Creek Drive 9202/Objected to medical marijuana dispensaries in Ashland. Just
because the state approved dispensaries did not mean the City should have them. Medical marijuana
should be contained in a medical clinic or hospital and the doctors subject to malpractice suits for
prescribing illegal substances.
Councilor Voisin/Rosenthal m/s to extend Public Hearing until 9:15 p.m. Voice Vote: all AYES.
Motion passed.
Michael Hersh/922 Morton Street/Attended the Planning Commission meetings and thought the
commission did well to be fair. He urged Council to think of the children first and that families with
children should be the major concern. Dispensaries should be on boulevards.
Neal Kinzie/180 Clear Creek Drive/Sent a letter to Council regarding the E-I zoning on Clear Creek
Drive that was zoned for a medical marijuana facility and later removed. Their mission was to serve the
needs of patients already coming to Ashland Alternative Health on Clear Creek Drive. They were not
interested in morphing into a location that served a recreational interest. The average age of a medical
marijuana cardholder was in the fifties and they deserved a professional discrete location to acquire
medication to treat problems that benefited from the active ingredient in cannabis. A professional
medical marijuana dispensary would fit in the area without disrupting the neighborhood.
Alex Rogers/450 Park Ridge Place/Explained he was the CEO and owner of Ashland Alternative Health
and treated 3,000 patients each year on Clear Creek Drive. He understood the concerns regarding
regulating dispensaries in Ashland. There was a difference between recreational and medical marijuana.
He supported Neal Kinzie who had a license from the state for a medical marijuana dispensary. Council's
authority was crucial in regulating recreational. However, people who were sick and used medical
marijuana needed a place to go.
Jennifer Drake/467 Elm Street/Phoenix, OR/Represented the valley as a community member to remind
Council that what it decided would set a precedent in the valley. She supported the Planning
Commission's recommendation and urged Council to approve the proposed ordinance.
Councilor Voisin/Rosenthal m/s to extend Public Hearing until 9:30 p.m. Voice Vote: all AYES.
Motion passed.
Linda Stickle/492 Rogue Place/Expressed concern with traffic impact regarding the proposed medical
marijuana dispensary at 400 Williamson Way. She supported the Planning Commission's proposed
ordinance. Neighborhoods adjacent to E-I zones needed to be protected and the land use proposal would
accomplish that by keeping dispensaries on boulevards. If a dispensary did open in an E-I area near a
neighborhood, there must be strong rules in place to protect the residential area from negative impacts.
Public Hearing Closed: 9:12 p.m.
Councilor Voisin/Rosenthal m/s to approve First Reading of an ordinance titled, "An ordinance
amending 18.08, 18.32.025, 18.40.030 and 18.52.020 of the Ashland Municipal Code establishing
medical marijuana dispensaries as a special permitted use in the Commercial (C-1), Employment
(E-1), and Industrial (M-1) zoning districts, to direct staff to add a prohibition of medical
marijuana dispensaries as a home occupation, and to move the ordinance on to Second Reading.
Regular City Council Meeting
June 17, 2014
Page 7 of 9
DISCUSSION: Council Voisin thought the ordinance addressed issues from the community and Council.
Councilor Rosenthal agreed and thought it might be overly restrictive regarding site considerations but it
was a reasonable start. Councilor Morris did not support the proposed ordinance and did not think a
dispensary would create the traffic impacts suggested. Another issue was E-1 zones with R-1 overlays.
This allowed the R-1 overlay to dictate what could occur in E-1 and was never the intention of R-1
overlays. The E-1 was the base zone and the R-I overlays allowed people to live in those areas. He also
thought it should be a conditional use instead of special permitted use. Dispensaries should be a
conditional use in E-1 and C-1. The conditional use would evaluate it based on the site.
Councilor Marsh thought restricting dispensaries to only boulevard locations could be a deterrent. There
were people in the community in need of medical marijuana. The Police Chief had testified he was not
concerned with problems associated with teenagers, the dispensaries would attract older customers, and
teenagers could get marijuana easily from other sources. The E-1 zones could open up more and she was
not sure if it should require a special permitted use with a buffer or a conditional use. The E-1 zone
already had a 200-foot buffer in place and the time, place, and manner restrictions would regulate
ventilation systems and hours.
Councilor Slattery was concerned with conditional use permits versus special permitted use and wanted a
better understanding of the impacts of each. The Williamson Way neighborhood did not want a
dispensary but could end up with another business that generated the same or more traffic and parking
issues.
Councilor Lemhouse thought Council needed to take a cautious and measured approach to dispensaries, it
was easier to open up requirements in the future instead of becoming more restrictive. He supported
restricting the allowed areas to boulevards and thought Council should consider the impact if the state
legalized marijuana. This was a dangerous drug, classified as illegal and illicit under federal law. He
supported those who needed it but it was a drug.
Councilor Lemhouse motion to amend the motion restricting the dispensaries from the Siskiyou
Boulevard area from Gresham Street to Wightman Street. Motion died for lack of a second.
Continued discussion on main motion:
Councilor Voisin thought if the downtown was restricted due to traffic and congestion, the E-1
restrictions should also be maintained.
Councilor Marsh/Morris m/s to suspend Council Rules in order to allow staff to answer questions.
Voice Vote: Councilor Morris, Lemhouse, Slattery, Rosenthal, and Marsh, YES; Councilor Voisin,
NO. Motion passed 5-1.
Staff explained there was little difference between conditional use and special permitted use. If traffic
was a factor, a conditional use permit provided Council with more authority. They took a conditional use
and compared it to the target use of the zone. Other factors could go into a conditional use permit like
neighborhood issues brought up during the public hearing.
The Planning Commission initially discussed treating dispensaries like pharmacies but pharmacies were
typically closer to residential areas. Medical marijuana dispensaries were a new use with many
unknowns. Staff went on to provide an example of a business with a residential buffer and a conditional
use permit. A residential buffer and a conditional use permit would open up potential areas for
dispensaries on Clear Creek Drive, Croman, the Hersey Street industrial zone, the airport location, and
parts of east Ashland. The 200-foot buffer could apply to the actual building or the property line.
Regular City Council Meeting
June 17, 2014
Page 8 of 9
Councilor Marsh/Slattery m/s to amend the main motion that in addition to the proposed Planning
Commission recommendations dispensaries in E-1 and C-1 zones with a 200-foot buffer from
residential zones, property to property and a conditional use permit process.
DISCUSSION: Councilor Marsh clarified the conditional use permit would apply only to E-1 and C-l
and was in addition to the special permitted use on the boulevard. There were areas in the E-1 that were
appropriate for dispensaries. An E-1 on the boulevard would still require a special permitted use.
Councilor Lemhouse preferred all dispensaries require a conditional use permit and at a minimum,
maintain the current zones, and if not, expand them to what was suggested earlier.
Councilor Voisin did not think 200 feet was enough of a buffer nor did she believe there were high traffic
businesses in E-1 zones since zone was typically difficult to access. Businesses that would attract large
numbers of people needed to be on the boulevard and not near residential areas. She would not support
the amendment. Since this was new, she wanted to see the traffic impact. Puffs received 100-200
customers a day. Roll Call Vote: Councilor Marsh, Morris, Slattery, and Rosenthal, YES; Councilor
Lemhouse and Voisin, NO. Motion passed 4-2.
Councilor Marsh/Morris motion to remove hours from the ordinance as it would be addressed in
the time, place, and manner ordinance. Roll Call Vote: Councilor Marsh, Morris, Slattery,
Rosenthal, Lemhouse, and Voisin, YES. Motion passed.
Councilor Voisin motion to remove from special use permit the downtown design standard zone.
Motion died for lack of a second.
Councilor Slattery/Marsh m/s to call for the question. Roll Call Vote: Councilor Marsh, Morris,
Slattery, Rosenthal, Lemhouse, and Voisin, YES. Motion passed.
Roll Call Vote on amended main motion: Councilor Marsh, Morris, Slattery, Rosenthal, and
Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1.
(a) First reading by title only of an ordinance titled, "An ordinance amending the Ashland
Municipal Code Title 6 Business Licenses and Regulations to add Chapter 6.50 establishing
time, place, and manner regulations and a permitting process for medical marijuana
dispensaries"
Councilor Slattery/Marsh m/s to move First Reading of the ordinance to the July 1, 2014 Council
agenda. Voice Vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS - continued
3. First reading by title only of an ordinance titled, "An ordinance restricting openly carrying
loaded firearms in public places"
Councilor Lemhouse/Slattery m/s to object consideration of the First Reading by title only of an
ordinance titled, "An ordinance restricting openly carrying loaded firearms in public places."
Roll Call Vote: Councilor Slattery supported the motion because there was not enough of a law to
pass the ordinance, YES; Councilor Rosenthal did not think it would make the community safer
although he wished it could, YES; Councilor Lemhouse understood the will of the people to protect
the community but the ordinance would not address the issue. It would affect people who had not
broken any laws. The ordinance would not be effective, YES; Councilor Marsh initially wanted to
see what could happen locally because the community was part of a culture beset by gun violence
and felt it was important to do something as a statement of community values. However,
discussions were splintering the community. She and the Mayor started of group discussion for
Regular City Council Meeting
June 17, 2014
Page 9 of 9
and against the ordinance and found some areas that if it moved forward could add value and
education, YES; Councilor Morris clarified Council did not weaken the ordinance and had staff
remove items so it would uphold in a court of law. He supported the group discussion Councilor
Marsh and the Mayor were having with the community and thought the group could improve
safety around firearms, YES. Councilor Voisin thought Council had gutted the ordinance brought
forward by citizens and subsequently weakened what was originally a moderate commonsense gun
ordinance to protect children, citizens, and tourists. This was an opportunity to provide some
citizens with a sense of safety around guns, NO. Motion passed 5-1.
Mayor Stromberg noted the ordinance did not demonstrate a local need and was out of context for the
community, divisive, and actually resulted in open carry. The problem with gun control was awful and
this was not the way to go about it.
4. First reading by title only of an ordinance titled, "An ordinance amending Ashland Municipal
Code Chapter 1.08 General Penalty, Sections 1.08.010, 1.08.020, and 1.08.030 compliant with
current state statues"
Item delayed due to time constraints.
UNFINISHED BUSINESS - None
NEW AND MISCELLANEOUS BUSINESS
1. Discussion of ad-hoc Recycle Center Committee draft recommendations
Councilor Slattery/Marsh m/s to extend the duration of the Ad-hoc Recycle Center Committee to
October 2014. Voice Vote: all AYES. Motion passed.
2. Appointment to Citizen Budget Committee
Item delayed due to time constraints
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Discussion regarding proposed Resolution for divestment of investments related to Fossil Fuels.
Item delayed due to time constraints.
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
CITY OF
ASHLAND
Council Communication
July 1, 2014, Business Meeting
2014 Drought Update
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us
Julie Smitherman, Water Conservation Specialist, Conservation Division, smithermanj@ashland.or.us
SUMMARY
This is an informational council communication updating the Council on the 2014 drought. The
community continues to do its part by reducing water use. Reeder Reservoir is 99% full and staff
began adding Talent Irrigation Water (TID) water on June 25. Phase 1 of the Talent, Ashland, and
Phoenix (TAP) project has been completed and Phase 2 is scheduled to begin July 7, with an estimated
completion date between mid August and early September. The water conservation division has been
assisting customers in finding ways to reduce their water use.
BACKGROUND AND POLICY IMPLICATIONS:
Current Water Supply Status
We want to thank our community for reducing water use during this drought. It is making a difference.
Reeder Reservoir remained full through June 19, and the demand for water (4 million gallons per day)
was equal to or below the Ashland Creek flows into the Reservoir.
Since June 19, 2014, water demand has held at about 4 mgd, Ashland Creek flows have reduced to 3.5
mgd and Reeder Reservoir has dropped to 99% full. Therefore, Water Division staff began diverting I
mgd of TID water to the water treatment plant on June 25.
The goal is to keep Reeder Reservoir full for as long as possible this year. In order to accomplish this,
up to 2 mgd of TID water will eventually be diverted to the water treatment plant. In order to send
that much TID water to the treatment plant, no TID water will be sent past the pump station at Park
Estates and those downstream TID customers will not receive TID water. If additional. TID water is
needed, the remaining sections of the TID water canal (between Walker and Park Estates) will also be
diverted to the plant. If that occurs, then those TID irrigation customers will not be allowed to use TID
water for irrigation purposes. This particular section of the TID canal will impact the Parks
Department and SOU. It is also important to remember that TID is planning on shutting off their
system mid September and this supplementary water supply will no longer be available.
Public Works crews are also impacted when TID water is added. The plant is staffed 24/7 for the first
couple of weeks to fine tune the water treatment process, and water distribution crews work some
overtime as required to maintain water quality within the water system.
Pagel of 4
1OPFFIALA
CITY OF
ASHLAND
The reservoir graph (below) provides a daily look at Ashland's water supply and can be found on the
city's web site under "Drought 2014". The red line represents the reservoir use rate (theoretically)
necessary to adequately meet Ashland's water supply needs. The blue line represents the current
reservoir level. If at any point the demand on Reeder Reservoir drops below the theoretical drawdown
curve as shown in the chart below, then staff is prepared to implement the water curtailment strategies.
Reeder Reservoir Drawdown Curve
100
i
i
80
i
so - -
40-- - -
I
2 - - - - - i --i
1" A-o pQ ? '~n VQJn
A A
The first step in the curtailment strategy is voluntary curtailment. If that is not sufficient, the city will
implement the water waste and curtailment steps as outlined in the municipal code. The following
chart provides a summary of allocations at each stage of curtailment. It is important to note that all
water usage above these allocations in stages 1-3 will be billed at 4 times the normal rate and all water
usage above allocation levels for stage 4 will be billed at 10 times the normal rate.
Page 2 of 4
PrFla,
CITY OF
ASHLAND
Stage Cubic
Feet
1 3,600 26,928 20%
2 2,500 18 700 30%
3 1,800 13 464 40%a
4 900 6,1 32 50%
Talent Ashland Phoenix (TAP) Construction Update
Phase 1 of the TAP project included installation of 10,000 linear feet of 16" ductile iron water pipe. In
addition, engineering plans have been completed for Phase 2, which includes installation of the final
4,000 if of 16" ductile iron water pipe and the temporary pump station. Phase 2 construction is
scheduled to begin on July 7, 2014. The estimated completion date for this project is still between mid-
August and early September. The success of this project thus far is due to the amazing team that is
working on the TAP project. Our Public Works TAP project manager, Morgan Wyman, is doing a
great job managing the specific details of the project and our contract engineer, RH2 and our
construction contractor, Pilot Rock are committed to delivering this project within the project schedule.
Drought 2014 Actions
In preparation for the drought staff has taken the following actions:
• April 2014 the City decided not to plant trees, shrubs or annuals;
• Council authorized emergency construction of the TAP line;
• Added a drought 2014 section to the City's website -
httn://ashland.or.us/Sectionlndex.asp?SectionID=524;
• Blue lawn signs that say "Use water wisely" have been placed in the public right-of-way
throughout town;
• Julie Smitherman, conservation specialist and Mike Faught, public works director have
been making presentations about the 2014 drought and what the community can do to
conserve at most of the local civic clubs, the Mayor's June town hall show, and interviews
with the local media;
• Activated the multi-departmental water curtailment committee; and
• The Parks Department developed a Water Curtailment Procedures Document (see
attached).
Page 3 of 4
I2,
CITY OF
ASHLAND
Conservation
It is easy to be proud of this community. As our customers become aware of the severity of the 2014
drought the most common question is "What can I do to reduce my water use?" Fortunately the city
has a robust water conservation program, so when asked this question, staff directs them to our water
conservation specialist for specific short and long term water conservation recommendations.
The water conservation team then offers our water customers a free irrigation system and indoor water
use evaluation. In most cases, this detailed evaluation of individual systems will uncover ongoing
water waste (bad sprinkler heads, leaking faucets or toilets etc). In addition, the city provides free
water efficient shower heads, faucet aerators, and soil moisture meters that can help our customer
reduce water consumption,
Other water saving actions include the following:
Water conservation has taken the following actions:
• Facilitated the removal of lawn in the Median in front of Omar's
• Launched the new Lawn Replacement Program (LRP)
Next Steps
With the multi-departmental water curtailment team in place, the city is prepared to move into water
curtailment when needed. In addition, staff will be working on the following items....
• Staff will continue ask our community to use water wisely;
• Provide on-going Drought 2014 information to the community;
• Implement 2014 drought strategies (voluntary curtailment, water waste prohibition, water
curtailment) as needed;
• Co Sponsor a Drought Summit on August 12, 2014;
• Complete the TAP project;
• Participate in another Mayor's town hall show;
• Investigate/evaluate the use of video emails to get the Drought 2014 message out to our
water customers; and
• Public Works crews will use reclaimed water where possible for maintenance activities
(street sweeper water, sewer maintenance, street cutting etc.)
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Parks Water Curtailment Procedures
Page 4 of 4
MA
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET ASHLAND, OREGON 87520
COMMISSIONERS: /t Don Roberum
Mika GarEinar Dlfectof
Rkk Lenel
An Lewis TEL (541) 488-5340 i
Stelmi Sellhger ; FAX: (541) 488.5314
Vamton Shaw " J~
MEMORANDUM
TO Ashland Parks and Recreation Commission
FROM. Bill Miller, Western Division Manager
DATE June 16, 2014
SUBJECT Water Curtailment Procedures
Action Requested
Information on water curtailment procedures pertaining to irrigation in Ashland parks.
Background
Ashland Parks and Recreation's irrigation system consists of over 60 water meters designated
"government irrigation," along with three pump systems which connect to the Talent Irrigation District
(TID), and one system supplied by a well. From those three TID pump systems water is supplied to 70%
of Lithia Park, 90% of North Mountain Park, and 1001/a of Oak Knoll Golf Course. Over 80% of the
irrigation is controlled by a central computer monitored daily by Parks staff which allows widespread
adjustments to the percentage of water used. Additionally, the Parks Department receives daily usage
reports from the Water Treatment Plant showing the amount of flow into and out of Reeder Reservoir.
Due to the drought conditions, the City of Ashland Conservation Department requires water curtailment
measures designed to ensure that the water supply remains sustainable through the summer. Specifically,
Parks irrigation staff will adjust water usage determined by percentage of water used in an area; number
of days an area is watered; and watering run times. The adjustments are based on the Water Allocation
Table found in Section 14.06.015 of the Ashland Municipal Code. The table is listed below:
CATEGORY METER SFACE S'CAGE STAGE STAGE
SIZE 1 2 3 4
Gov Irrig 0.75" 3200 cf 1100 cf 100 cf 0 cf
Gov Irrig 1.00" 6100 cf 2100 cf 200 cf 0 of
-Gov Irrig 150 10400 cf 3700 cf 400 cf 0 cf
Gov Irrig 2.00" 15200 cf 53006f 500 cf 0 cf
Gov Irrig 3.00" 30400 cf 10600cf 1100 cf 0 cf
Gov Irrig 4.00" 48100 cf 16800 cf 1700 cf 0 cf '
"Home of Famous Llthla Park
The previous table shows that Parks irrigation systems are required to reduce water usage by percentages
during each stage of curtailment. Stage 1 is a 20% reduction, stage 2 is a 30% reduction, stage 3 is a 40%
reduction and stage 4 is a 50% reduction in potable water usage and total shut-off of water meters
designated as government irrigation.
The Irrigation Department voluntarily began curtailment to facilitate reduced water usage in the City.
Water is adjusted in areas based on the needs of the vegetation, along with specific areas of safety to the
public (i.e. athletic fields), tourism, possible lasting effects on sensitive plants (i.e. trees planted in the last
year), and financial considerations. One of the biggest financial landscape concerns is the Oak Knoll Golf
Course. As curtailment begins, irrigation would be reduced on the fairways. Because the tee greens are
very expensive to re-sod, watering of these areas would continue as long as possible. If the water crisis
worsens, the tees and The oldest greens will be the first to have water reduction.
The Parks Department continues to monitor its water consumption on a daily basis during this drought.
Adjustments will be made as needed to comply with the water curtailment measures while continuing to
provide the public with the park experience they are accustomed to.
The following document is a description of Parks and City properties maintained by the Irrigation
Department and which have been highlighted in regards to water reduction.
The key is listed below:
Red= immediate reduction
I'cllow= moderate reduction
Green= limited reduction
Blue=not applicable
# Location / Address Owner Make Model Type Size Serial #
1 L[ t Pks Conbraco 40-100-02 DC 3 NA 797
10 Winbum Way in vault at ark entrance) ( :1598735 Test:
2 Lithia Park - ice rink Pks' Conbraco 40104A2T DC 0.75 AK 229
95 Winburn Way ice rink k lot 28987598 Test:
3 IM Ma MNMRW~M Pks Wilkins 375A RP 4 13936
230 Granite St (vault on W. side of tennis courts 10233296 Test:
4 Lithia Park - Winburn Island Pks Conbraco 4010499T DC 0.75 CT 890
291 Granite St. 29428147 Test:
5 Lithia Park -Reservior Pks Febco 805y I DC 1.5 AE0614
620 Granite St. in lawn next to water meter) 45128083 Test:
6 Calle Pks Watts 007M2 DC 1.5 12810
0 Granite St. 19900247 next to POC Test:
7 Bluebird Park Pks Wilkins 950 DC 0.75 554688
11 Water St. close to'east wall) 17874076 Test:
8 Skateboard Park Pks Conbraco 4010599T DC 1 PR974
222 Water St. 2340541 Test:
9 Pks Wilkins 950XLT DC 1.5 1501216
27 E. Hersey '3' from fire hydrant) 60013766 Test:
10 Greenwa -wetlands Pks Conbraco 40205A2 RP 1 ER615
75 W. Nevada wetland test area) 1956401 Test: '
11 Do Park Pks Febco 850 DC 2 32474
73 W. Nevada 15987220) Test:
12 'Pks Wilkins 950XLT DC 1.5 1015547
620 N. Mountain (parkway median nearPOC) (53922490) Test:
13 TFU ~ e Pks Wilkins 975 RP 4 B29414
526 N. Mountain Ave vault between pkwy & JVBB fence 7471932 Test:
;
14 Ri;Senv`alk-o ens ace ' - r ' Rks Wilkins 950XLT DC 2 690080
511 Clinton near sidewalk and controller 60742126 Test:
i
i
15 Iji-al Pks Febco 805. DC 1.5 1152
785 AStreet 47320530 Test: l
16 i- Pks Conbraco 4010799T DC 1.5 DC603
1393 Evergreen near sidewalk and POC 57943664 Test
i
# Location / Address Owner Make Model Type Size Serial #
17 Cha Pks Febco 805 DC 2 3D66
40 Garfield St. Garfield St. side 39142091 Test:
18 IH Pks Wilkins 950 DC 3 112858
1699 Holmes Ave in vault on Holmes Ave. ( 1363223) Test:
19 r Pks Conbraco 4010799T DC 1.5 HB900
0 Liberty St. 17498773 Test:
20 M Pks Febco 805V 1 DC 1.5 P7630
1060 Ashland St. Glenwood Ave side 67471081) Test:
21 G r
Z NJ, Pks Febco 805y- I DC 1.5 16864
1620 Clark Ave. 17322279 Test:
22 S - Pks Conbraco 4010799T DC 1.5 HB925
600 Sherwood Ave. ,30161734 Test:
23 43 P.ks Wilkins 950XL DC 2 64810
551 Clay St. 14658019 Test:
24 Pks Wilkins 950XLT DC 1.5 W266495
603 Scenic or. 34043907 Test:
25 E. Nevada - fish assa a roj7 Pks Febco 850 DC 1 85486
110 E. Nevada E of Ashland Cree ek off slope 33291987. Test:
26 Oak Knoll - shop irrigation Pks Wilkins 950XL DC 1.5 648137
3050 H 66 N. side of maintenance shop).( 47281128 Test
27 • PI<s Wilkins 950XL DC 0.75 1141641XLO
878 Twin Pines Circle in pkg lot vault 43240955 Test
28 Pks Wilkins 350DA DCDA 4 N02358
878 Twin Pines Circle in kg lot vault. 43240955 Test
29 Oak Knoll -Clubhouse irrigation Pks Febco 805 DC 1 0916
878 Twin Pines Circle N of water POC 43240955 Test:
30 • Pks Conbraco 40207A2 RP 1.5 JW603
3070 H 66 clubhouse utility room 43240955 Test:
31 Pks Watts M20T RP 2 154408
3070 H 66 clubhouse utility room 44822450 ) Test:
32 OTa I G o err 10 . Pks Conbraco 61717 RP 2 40208AZ
884 Cypress Point Loo wooden house used for and fill .47077766 Test:
# Location / Address Owner Make Model Type Size Serial #
33 a o t¢ a Pks. Conbraco 9 DC 2
560 Catalina Test:
34 a Pks Watts 009QT RP 0.5
949 Kestral median strip on Fairoaks . Test:
35 EOg1/jGomm Dev Kd fy `~M City Conbraco 4010599T DC 1 DN567
51 Winbum Way Test:
36 Plaza City Febco 805y DC. . 1 76124
20 E. Main 2330202 Test:
37 S ain l Church Island City Febco 805 DC 1 AC2578
102 N. Main next to POC & across from Bards Inn on Island 64556041 Test
38 N. Main / Church City Febco 805y DC 1 R6875
100 N. Main between transformers and shasta bldg) 22822614 Test
39 ;WOWMSIJMEa'st City Febco 850 DC 1 21153
60 Water St Test:
40 Wane St. -West City Febco 850 DC 1 32769
59 Water St. (33906197) 1 Test:
F-41-Ti-25@ =9ve~ sees --C-ity -T- Feboo 850 DC 0.75 122720
215 Walker Ave. 34668714 Test:
42 Gresham / E. Main City Febco 805y I DC 1 AD8864
374 E. Main E. Main shrub bed 38013108 Test:
43 3rd / E. Main City Conbraco 4010599T DC 1 ON623
397 E. Main in raised planter bed 43240954 Test:
44 2nd St. Parkin L7ot City Febco 805 DC 0.75 AA9306
26 2nd St. parkin lot shrub bed next to POC 45095195 Test:
45 €Iks Parkin Lrl City Wilkins 950XLT DC 1 1120597
20.N. 1st St. side of parking lot)( 66992017 Test:
46 Fire Station #1 City Wilkins 950XLT DC 1 1617452
455 Siskiyou (57943715) Test
47 Pioneer St3.arKin Lrot City Febco '805. DC 1.5 41717.
138 N. Pioneer 42604136 Test:
48 ;O5RStt. - North City Wilkins 950 DC 0.75 312609
280 Oak St. shrub bed N of pkg lot drive - 30' from bldg 1640118 Test:
# Location / Address Owner. Make Model Type Size Serial #
49 ;-Q-Q StIIMSouth City Wilkins 950Y 1 DC 0.75 312712
270 Oak St. (Armory shrub bed on Oak St. 1640113 Test:
50 Crowson reservior 00 NEW1 City Wilkins 950) DC 1 1331221
696 Terrace SL 58723901 Test:
51 Blvd - Morton St. City Conbraco 4010899: DC 2 -Q-E040
720 Siski ou Blvd between Morton & Liberty in parkway) 59539878 Test:
52 Blvd - Palm St. --T---City Conbraco 4010899T DC 2 QE151
1000 Siski ou Blvd across SOU 59237682 Test:
53 Blvd -Normal St. Cit Conbraco 4010699T DC 1 8938
1825 Ashland St. (pkwy between Sherwood $ Normal 57534817 Test:
54 Blvd -Ashland St. City Conbraco 4010599T DC 1 PQ258
1405 Ashland (pkwa across from Quiznos 59876246 Test
55 fi- . 66 Trees Ci Wilkins 950XLT DC 0.75 451215
1455 Ashland SL (edge of sidewalk in empty SOU lot 42369321 Test:
56 Airport d7' ewa Ci Conbraco 40107T2 DC 1.5 SC276
403 Dead Indian Mem. Rd: N.side of driveway in bed 17773801 Test:
57 Air o~tQbu ili'~a'ndsea a City Feboo 605 DC 0.75 AE1852
403 Dead Indian Mem. Rd. 20' North of Main Buildiin 17773801 Test.
58 City'. Febco 805 DC 1.5 SN16246
1155 E. Main (police dept landscape) 44191072 ) Test:
59 Public Works -service and Ci Watts 009M2QT RP 1.5 A24763
90 N. Mountain main driveway) Test:
60 BISt~Yar_d City Febco 805 DC -1 9715
1085 B Street B street and next to POC & drvwa 25203487 Test:
61 SMountalnlTbstation Ci Wilkins 600 DC 1 181084
500 N. Mountain electric substaion irrigation 30503531 Test: .
62 North Entry I City Febco 805y I DC 2 T2300
ON. Main St. center median 41511860 Test:
63 BaTcIaylSouare City Febco 850 DC 1 32755
2205 Ashland SL Test
64 ttoirnanTCr7RoadaSouth City Wilkins 950XLT DC 0.75 1753080
980 Tolman Cr. Rd. South arkm a median) 24399556 Test
# Location i Address Owner Make Model Type Size Serial #
65 Tolman CrLR-ordMMlddle City Wilkins 950XLT DC 0.75 11792038
775 Tolman Cr. Road middle par rkwa medi ian (24399166) Test:
66 Tlolman Cr. Road IINorlb City Wilkins 950XLT DC 0.75 1789103
677 Tolman Cr. Road North arlowa mediarn 24399560 Test:
67 VUSNevada~Vori_s City Wilkins 950XLT DC 0.75 2285931
144 W. Nevada (parkway stri 66517784 Test:
68 - G0. Nev'ada~tullhelle City Wilkins 950XLT DC 0.75 2218682
208 W. Nevada parkway strip) 33291985 Test:
69 ;N. Ne7v7,- Gleirdower City Wilkins 950XLT DC 0.75 2284112
278 W. Nevada parkway stn 66517779 Test:
70 NI Meadows City Conbraco 40105T2 DC 1 VE484
805 N. Mountain 2nd in group of four 53871208) Test
71 Perozzi Fountain Pks
Test:
72 - anese Water Run Pks
Test
73 Libra Landscape County
Test
74
Test:
75
Test
76
Test:
77
Test:
Test:
Test:
Test:
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CITY OF
ASHLAND
Council Communication
July 1, 2014, Business Meeting
Request to Modify Existing Hamilton Creek Conservation Easement
FROM:
ieh' ter Smeenk, Senior Engineer, Public Works Department, smeenkp@ashland.or.us
SUMMARY
In order to facilitate the acquisition and construction of the new street connecting Washington St. and
Tolman Creek Rd., Public Works is requesting authorization to modify a conservation easement on the
IPCO development property located at 640 Tolman Creek Rd. City Council approval is required if the
changes result in a reduction in acreage of City held easements. The proposed modification of the
conservation easement to align with the current Water Resources Protection Zone (WRPZ) will allow
the property owner to improve the traffic flow to and from the site, as well as eliminate inconsistencies
between local and federal creek protection boundaries.
BACKGROUND AND POLICY IMPLICATIONS:
The 2012 Transportation Plan identified the need for a new street connecting Tolman Creek Rd. and
Washington St. Public Works contacted the landowners where the new street was proposed in order to
initiate acquisition of the property. The property owners indicated they were willing to work with the
City to jointly develop a master plan for the property that included the new street connection. They
also indicated that it would be important for them to be able to modify the existing conservation
easement, because it limited their ability to create an effective flow of traffic around their buildings.
In 1997, the above mentioned conservation easement was created as shown on Partition Plat P-70-
1997. This conservation easement was required as a condition of approval of the plat to protect
Hamilton Creek's riparian zone through the property. At that time, no other City riparian protections
were in place, and the extent of the conservation easement was broadly defined based on the location
of existing improvements.
In 2009, the City passed a new riparian ordinance, which consistently defined the water resources
protection zone (WRPZ) throughout the City, including along Hamilton Creek. Areas within the
WRPZ fall under Section 18.63 of the Ashland Municipal Code, which regulates cut and fill,
landscaping, construction, and other human activities that adversely impact waterways and riparian
areas. The current conservation easement on the IPCO property is significantly wider than the current
WRPZ, and is also wider than it needs to be to effectively protect Hamilton Creek. The attached aerial
photo shows the conservation easement boundary with a dashed yellow line, the current WRPZ
boundary with a solid red line, and the FEMA 100 year floodplain area shaded blue.
At the August 20, 2012, Council Study Session, the Public Works Director asked for Council support
to sign a letter of intent with the owner of the property, Zach Brombacher, to jointly develop a master
Page I of 2
I4,
CITY OF
ASHLAND
plan for the property that included a needed public street connection between Tolman Creek Road and
Washington Street. See http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=5040
At the December 4, 2012, Business Meeting, the letter of intent was approved by the Council. The
letter included a number of specific terms and conditions, including a condition that the buyer assists
IPCO Development in adjusting the location of the conservation easement to more closely match the
WRPZ boundary. See http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=5133
In 2013, IPCO submitted a pre-application for a site master plan, and the Planning staff report
recommended follow up conferences to identify and clarify the relationship between the WRPZ, the
FEMA floodplain boundary, and the conservation easement. Due to a narrowing of the FEMA
floodplain along Hamilton Creek brought about by the attached Letter of Map Revision (LOMR)
approved on October 31, 2013, the conservation easement boundary had become outdated. Several
conferences between Public Works, Planning, and representatives for the developer were held. A
consensus developed among staff that the conservation easement should be adjusted to match the
current WRPZ.
FISCAL IMPLICATIONS:
There are no fiscal implications of this action other than expended staff time.
STAFF RECOMMENDATION:
Staff recommends delegating authority to the City Administrator to approve a modification of the.
existing conservation easement boundaries on a new survey to be submitted for the property located at
640 Tolman Creek Rd. in order to align with the current Water Resources Protection Ordinance
boundary on Hamilton Creek with the current WRPZ boundary.
SUGGESTED MOTION:
I move to authorize the City Administrator to approve a modification of the existing conservation
easement boundaries on a new survey to be submitted for the property located at 640 Tolman Creek
Rd. in order to align with the current Water Resources Protection Ordinance boundary on Hamilton
Creek with the current WRPZ boundary.
ATTACHMENTS:
1. 1997 Partition Plat
2. August 20, 2012 Council Report
3. December 4, 2012 Council Report
4. December 13, 2012 Letter of Intent
5. October 31, 2013 LOMR
6. 2014 aerial photo
Page 2 of 2
IFFMALIA
l
15567
I ;
APPROVAL: LAND ON PLRgTI IO _ SURVEY R DING
A replat of Parcels 1 and 2 of Minor Land Partition recorded to Volume 5 Filed for record :hie Ihs~day of hledrx Bn~ , IB.
t Epf-t. zf~ at Page 189 and Parcels 1, 3 and 4 and a portion of Parcel 2 of Minor at 11 2Z_ o'clock __Lld. and recorded as Parlilon Plat No.
PA If 67-074 Land Partition recorded In Volume 10 at Page 7 of "Minor Land Partitions" - o-+ Y of 'the Records of Parlitm Plots M Jackson
(PROPERTY LINE ADJUSTMENT) in Jackson County, Oregon County, Oregon. Index Volume Page, J_Q_. ,
(Afne, er casue,00
LOCATED IN E eT-449es ) ~a 1" S (r.IrY. g6 a do do
APPROVAL / THE N.W. 1 /4 OF SECTION 14, T.39S., R.1~(., , W.M. 'D" Y
Examined and Approved this ~i x day of ALWA-YOM, 19SZ. City of Ashland, Jackson County, Oregon COUNTY SURVEYOR File No. \Ci~i4"'r1
FOR 1.
A,d Surveyor INDEPENDENT PRINTING CO. INC. I ccei~', ,•This plate fo bs an
.gsaT City y S '
DECLARATION 640 TOLMAN CREEK ROAD '*PSf PYxo~f1 •.odginaL
KNOW TO ALL MEN BY THESE PRESENTS, that 15' ingress d Egress Easement ASHLAND, OREGON 97520 t
NOTES: ! ...+bF° veYOR.
rtiti Is the per Volume 180, Pape 133 "
INDEPENDENT PRINTING CO. IN a California
this corporatio
plat . FOUND S/e" IRON PIN pi.)' A WAY IN FAVOR OF THE
owner the roof properly mpms*nIwd an this
and mom re particularly described In n the the SURVEYOR'S CERTIFICATE, 15' Inyynas 8 E nee Eos:.to" ! FOUND 1/2' PIPE I W/ CAP MARKED CENTRAL OREGON
GON AND AND PACIFIC RAILROAD COMPANY
k ?.bit. U1015, Eaeemenf W1 CAP MARKED "LS 759" SUCCESSOR IN INTEREST TO THE OREGON It CALIFORNIA
and has caused the . We rbe parliflon e Into parcels as shown LS 759" some on the partition plat. a hereby grant grant to the owners, helve, per
Document , 79-05323 I RAILROAD COMPANY) AND/ OR THE UNITED STATES BY
Official R•mrds Jackson County' Oregon (Rea. 268.69') • REASON OF THE ACT OF CONGRESS, DATED JULY 25, 1868,
and assignee, of parcala 1,, 2, and 4 the use of the 25' S8900'00% 268 56'
wide easement, for, Ingress B •gmss as shown hereon. "We FOUND BRASS DISC AS DISCLOSED BY DEED Y70 . SAID CENTRAL OREGON AND
also hereby grant fo Talent Irrigation District an easement. os,- Easterly 2 Boundary 1 128 6- ) IN CONCRETE MARKED PACIFIC RAILROAD COMPANY. RECORDED
APRIL 9, 1998 AS
shown. hereon. and we also hereby 0g rant to thv'City-of Ashland Volume 281. Pape 41 65. e' "SWAIN SURVEYING 1/6 INSTRUMENT, NO. 96-22816 OF THE OFFICIAL
RECORDS OF
c,
a Natural Drulna9a Way/Co nsarvetlon Easem-40 as shown' Jackson County Dud Records 1 „ z JACKSON COUNTY, OREGON.
. o u n
•herecExlslin 311 COR. SURVEY
. '7 m 3T4•
• • RECEIVED • • FOUND 5/8" REBAR Building 149 8 - e MONUMENT 1983" Y2•) PROPERTY MAY BE AFFECTED BY RIGHTS OF
W/ CAP MARKED „ WAY FOR PACIFIC POKIER a UGHT COMPANY PER VOLUME
INDEPENDENT PRINTING CO. INC. p,M IE 26"81 LS 1626" 29.87' 547, PAGE 524 OF DEED RECORDS OF JACKSON COUNTY,
Bye exposed 2" ~o 3.26' }Or>•'9~ INITIAL POINT OREGON. (SPECIFIC LOCATION NOT GIVEN)
Thb a Nq Conihts of: %A1 R .
Y1 Y 1O Wf"" '1.- SIN zo 3 FOUND 5/8" REBAR el.) THE EFFECT OF SAID PROPERTY, OR ANY
shed0l Map ~4I w,'9i 2.12 ACRES (more or loss);:. u i W/ ALUMINUM PART THEREOF, LYING WITHIN THE TALENT IRRIGATION
IN WITNESS HEREOF, signed Ihls.dli Y a of NOVYAAR4.2 1997. 1 puds)NPrAM FOUND 5/8" RERAN • Existing ^ CAP MARKED DISTRICT, AND SUBJECT TO ALL WATER AND
IRRIGATION
w
W/ CAP MARKED ,r$. Building m o 'N-CN 1/64 LS 759° RIGHTS. EASEMENTS FOR DITCHES AND CANALS, AND ALL
t f, JACKSON COUNTY LS 505" r`: q b REGULATIONS OF SAID DISTRICT, INCLUDING ANY AND
STATE OF OREGON ) SURVEYOR par S/N 11447 2.44' 1^0 00 h BRASS DISC REPLACED SET WITH IN A A 2 I"X 1/2 " 30ALL ASSESSMENTS, LIENS AND CHARGES ASSESSED,
AND
COUNTY OF JACKSON as 4 dee on "
P 9• z TO BE ASSESSED.
ST
The foregoing Instrument was acknowledged before me ihisday FOUND 5 8" RER ~
y EAS330.00' ( N-CN 1/64, 1997, LS 1913" E4.) LOCATION OF HAMILTON CREEK NATURAL
of NeV, 1997, by IACH BROMBACHER known to me as A/C W/ CA~YARNED i z 231. IRON PIPE MARKED "INITIAL POINT,
0 9 DRAINAGE WAY AND CONSERVATION EASEMENT WAS
the person who executed the within Instrument on behalf of ~0O °LS SOS"
8.5a' TRACED FROM FLOOD PLAIN CORRIDOR MAP FURNISHED
- PER-S N-1007 - S89152'02sE P•n-S/N 10549) BY-CITY OF, INC DEPARTMENT- - '
- _°FDONE! -5ytl "R - f - z -ASNFAND PLANNING- (SPECIFIC- 'i
"INDEPENDENT PRINTINC'L0.'1Nt-
W/ AC 1 \ STATE OF OREGON DIMENSIONS NOT GIVEN).
Before me: oer"EM"LSi9Rx0 " MARKED 38.78' 1 °n ` >S00.02'32°W WogdFence 1
NmeevwJSUq-anE.me LS SOS" + t / 78.27 } COUNTY OF JACKSON ass
40 R~ couuasuN~.==j 1" dee K~NBg'57 1 E 245.26' 3`~ ^N89'5741°E FOUND SB
per 0076 HEDAR~~ ~
I T'
S/N 42.,8 10.39 W/ CAP RKED'e'
I "YCm""so"""""3 °YCTf ~•n D I SURVEYORS CERTIFICATE:
078) „ "LS SO l.'w
C L Of TOLMAN CREEK ROA I p 'l r I DOUGLAS C. NtMAHAN, a duly Reylafered Surveyor of the Stets of Oregon,
~1i1 { o 10" de p 1., ~z do hereb certif that this map °orreoll represents a survey made b me or
Exleling 1 n ( 2 ( 86' 'a o Y yy y Y Y
Building 30 as 28 ACRES man or"3o 3) 1, o FOUND REBAR 1: .F under my supervision and cemvee wlfh~ t Iha nguo for land partillon and the
TAX STATEMENT APPROVAL: r/-1.6.77=n I 1, W/ CAP P MARKED : s following la an accurate daacrlptlon of / the Paren [mot or land as met ad forth
hereon:
FOUND 5/e° REBAR re R I N 9'57'41"E „ m "LS. 1828" V
All faze, lees, aaseacmenl• 0r olMr charges a ra aired Wf CAP MARKED I J 5.04• w rn exposed 2" g) .1,. % W
by O.R.S. 92.095 have bean paid. as of Lay 1626" I Lam: B }1~ „ Commencing at Iha aerie, corner common to Sections 11 and 14
8 deep ! w •e SIN II ; W,8. In Township 39 South, Range I East of the Wlllamefle Meridian In
2 d;A Jackson County, Oregon; lhen°a South q0. 02' 32" Wu1 aWnp the
~ 30.57=~^C'_ -S89'S8'22"E-- 30. 5' FOUND S/8" REBAR 1' z.'>
• /nib ! `I - --241.45' V` a North-South centerline of sold Section 14, a distance of 661.97
ae ' TDar 25' PRIVATE o I \ ! W/ "LS CAP 1628" MARKED 1 `43 9 . 0 feat to a point for the Northeast comer of tract described In
INGRESS k EGRESS I- NOO'19'42"E Instrument Ne: 94-22818. Jackson County Deed Records, sold point
az o aces & UTILITY EASEMENT l nJjNE 8Y~.eW STMENT 125.08' La} Y0\N5 tz c, a being marked with a brass dice eel In an 1 Inch Iron pipe
for
FOUND S/8" BEGAN ` J I }hK PARCEL 4 / „ the INITIAL POINT OF BEGINNING; thence eonllnue. South 00. 02' 32"
W/ CAP HARKED \ J~ GO 4,03 ACRES (man o flsaa) p4T ice West (Record SOUTH) along the Easterly boundary of sold eroee.
LS 505" 50 7 (j,_ cT 776.80 feet (Record 784 feet, mom or less) to p point on the
I per S/N 9845 I yo 5p` 1 PROPERTY JI,'-. P i Nadheadady right-of-way the of the Central Oregon and Padilo
NATURAL DRAINAGE WAY/, Exlsling ~RbNSS 1 LINE BY ADJUSTMENT, ~.J1V P 'a Rallmod Company as sold tignl-of-way was granted per Volume 15,
CONSERVATION EASEMENT Building f1J. ' n \ Page 92 of the Official Records of Jackson County, Oregon; thence MC 6 LINE TABLE HOFFBUHR
k ASSOCIATES, INC. Cj S4`F J I 'J?f 01 1 :lop point an n the right
-of-way , asterly Irighl-ofhwaB 11' Ze West Is
y line of Tolman 786.35Crookfeet
E
Rood;
LINE LENGTH BEARING 1082 E. JACKSON STREET MEDFORD, ORE ON A 60", b %~i theme Norte 00' 01' 59" Wsat Record North 0' 23' East elan
L1 90:11 S33- (611) 778-4811 Od f o. ")CMP CULVE 9i said rIhl-of-way line, 25t.42 feet to a 5/3 Inch Iron pin; thence
00-53- L2 88,36 0' BY: DOUGLAS C. MOMAHAN L.S. 1013 C O'yf 2. S RES ♦ ''((APPROXIMA North 89. 57' 4I" East 243.24 feet to
point on the Easteri
SCALE: 1" = 100' NOVEMBER 17, 1997 OR/S ( ono sa¢) )B♦'~'1;`!'.~GNME T) boundary of tract described In Nolume 281, Pae 618, Jackson County
L3 255.25 S32-30'07%
;L4 180.57 SOW25'34"W BASIS OF BEARING: N.O.A.A. True Meridian of BuildinCOipf, \ rs Deed Records: Ihenc• Norte 0(r,32' 04" East (Record North 00' 72' SO"
ro (undo, "net lion) id East) 386.07 feel to the Northwest comer of treat described in
LS 271.51 9 3' B'0 " N-S center line Station 14 as derived f m
N.O.A.A. surv eyr net establlshed In 1968 and d' \ j 1•-": 'S Instrument No. 80-23776, Jackson County Deed Record,; thence South
:L6 55,94 0 3 'S " filed In the Office of the Jackson County I
F 89' DO' 00° East 268.58 feel (Record 268.49 feel) to a point on
;L7 84.50 3 1 '4 " Surveyor. gearing reference line taken from F,
q~` the Westerly boundary of Imct described in Volume 2t6, Page 485,
:L8. 54,01 OS•5 38° File Survey No. 0668 as shown hereon. N,q o~dJ ER Spn 968 , said Deed Records; (hence Spulh 05' 39' 07" East (Renard South
LL? 158,57 N35-33 o c Set 5/8"x24" Iron pin with plastic wP ~."F "+.cC...,• N /e 'JS - ^ ° 05' 42' East) along said WuleriY boundary, 304.53
feet toe point
L1 Q 1A 0 141.22 stamped D. per LS 1913". PROFESSIONAL! \ / - the Northerly boundary of son County aforementioned hoof described
In '
• a round monument mt per S/N 11809 LAND SURVEYOR Q ~Oa O n 1 along sold Instrument No. No. 818, Jackson County Dud d Records; IMe
EAST
y~~~~ C/ ryo• ~ 9 ~
(unb•s otherwise noted) ti~R1Fl6A^^ F/C a Q 1 along void boundary. 99.00 of to the Initial Point of Beginning.
SIN = Filed Survey Number ~I1 ' '~pae (,11tLIIlAA+~-
f - a qf(~ foe I FOUND 5/e" BEGAN IT VEYOR
O,R.J.C.O.v Official Records Jackson County, Oregon wa. Q easy` J f W/CAP NARKED
O Catchbo lm, appear to be dry well design and ` w al '9\ n7 LS 505"
39 IE 149, R 300 k 491 AND 39 1E 14A TL 2600 drain only an to subject prop°dlo. 'E3lpivo 1%1il4s 2° deep,per S/N 9546 SHEET 1 OF 1
I (971ST I or
15%67
es .
CITY OF
ASHLAND
Council Communication
August 20, 2012, Study Session
Letter of Intent for Washington Street Extension to Tolman Creek Road
FROM:
Michael R. Faught, Public Works Director, faughtm@ashland.or.us
SUMMARY:
Staff is looking for support from the City Council to enter into a letter of intent with the IPCO
Corporation that would allow a new street connection between Washington Street and Tolman Creek
Road to be added to the TSP without opposition. This proposed new street connection would reduce or
eliminate the need to construct a median on OR 66 (Ashland Street) from Exit 14 to Tolman Creek
Road which would restrict left hand turn movement out of Washington Street.
BACKGROUND AND POLICY IMPLICATIONS:
The Transportation System Plan (TSP) update process has identified a number of important future
street extensions that ensure connectivity and improve the transportation system One of those streets,
a connection between Washington Street and Tolman Creek Road, has been identified as a high
priority project as relief to the Washington and OR 66 intersection deficiencies. This intersection does
not meet ODOT intersection spacing standards, and as such, the Interchange Area Management Plan
(LAMP) recommends restricting left hand turn movement at this intersection. The problem of limited
space between intersections is that traffic attempting to turn left off of Washington onto OR 66 will
find it difficult to find gaps and traffic accidents are likely to increase at that intersection as vacant land
develops within the Washington Street area.
To that end, the Washington Street to Tolman Creek Road connection was added to the TSP update
process (project #R25) because this connection will serve Washington Street as a left out ifODOT
decides to extend the median and can help prevent the median from be extended by reducing the
likelihood that safety warrants triggering restricted left hand turn movements from Washington Street
will occur.
The joint Transportation and Planning Commission was tasked with updating the TSP and heard public
testimony from the affected property owner (IPCO Printing Company) in opposition to adding the
Washington Street to Tolman Creek Road connection early in the process. Staff then began working
with the property owners and believes that, with council approval, a workable agreement has been
reached to proceed with adding the project to the TSP document.
The property owner is requesting the City to sign a letter of intent (see attached project scope) that
outlines the agreement necessary to add this street connection to the TSP without opposition. A
summary of items that would need to be included in a letter of intent are as follows:
1. Purchase a 54 foot wide section of property at market value
Pagel oft
'r,
CITY OF
ASHLAND
2. Pay for the construction of the new road and 80 foot bridge across Hamilton Creek
3. Relocate existing utilities
4. Assist the development to adjust the existing conservation easement to match the new
FEMA flood map
5. Assist the property owner in processing a development master plan with the planning
commission.
After hearing the terms of the proposed letter of intent, the joint Planning and Transportation
Commission recommended that the Council approve staff's recommendation to sign a letter of intent
with IPCO Printing Company.
FISCAL IMPLICATIONS:
Road construction costs are estimated at $1,015,000 and no property acquisition cost estimates have
been developed to date. If the project is added to the TSP, then some System Development Funds
would be eligible. However, staff would try to obtain economic development funds from the State for
the remainder of the project costs as this project will also be needed by them as the Washington Street
area commercial and industrial area develops.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff is looking for an a level of support for the project from the City Council
SUGGESTED MOTION:
N/A
ATTACHMENTS:
1. Project scope
2. Draft project #R25 Washington Street extension to Tolman Creek Road TSP project sheet
3. IPCO master plan map
i
i
Page 2 of 2
~r,
CITY OF
ASHLAND
Council Communication
December 4, 2012, Business Meeting
Letter of Intent for Washington Street Extension to Tolman Creek Road
FROM:
Michael R. Faught, Public Works Director, faughtm@ashland.or.us
SUMMARY:
This is a letter of intent with IPCO Development that would allow a new street connection between
Washington Street and Tolman Creek Road to be added to the Transportation System Plan (TSP)
without opposition. This proposed new street connection would reduce or eliminate the need to
construct a median on OR 66 (Ashland Street) from Exit 14 to Tolman Creek Road which would
restrict left hand turn movement out of Washington Street.
BACKGROUND AND POLICY IMPLICATIONS:
At the August 20, 2012 City Council Study Session, Council heard a presentation about the proposed
letter of intent with IPCO Development. This letter was reviewed and supported by the joint Planning
and Transportation Commissions. Following that meeting, staff worked with IPCO Development to
assemble terms of the proposed letter of intent. Please note there have been some changes to the
referenced site plan map as a result of the final negotiated terms of the letter of intent.
For clarity, key elements of the proposed letter of intent include the following:
• City purchases 55 feet of right-of-way and constructs a new street with a bridge through IPCO
Development's property. The proposed street does not meet street standards (sidewalk on one
side and curbside sidewalks) as it will be designed to meet the existing property constraints.
• The City relocates existing utilities within the proposed new street.
• The City assists IPCO Development to adjust existing conservation easement to match FEMA
Flood map.
• The City helps IPCO Development process a master site plan through the planning process.
August 20, 2012 Council Study Session Information
The TSP update process has identified a number of important future street extensions that ensure
connectivity and improve the transportation system. One of those streets, a connection between
Washington Street and Tolman Creek Road, has been identified as a high priority project as relief to
the Washington Street and OR 66 intersection deficiencies. This intersection does not meet Oregon
Department of Transportation (ODOT) intersection spacing standards, and as such, the Interchange
Area Management Plan recommends restricting left hand turn movements at this intersection. The
problem of limited space between intersections is that traffic attempting to turn left off of Washington
Street onto OR 66 will find it difficult to find gaps, which could cause traffic accidents to increase at
that intersection as vacant land develops within the Washington Street area.
Page 1 of 2
i
CITY OF
ASHLAND
The Washington Street to Tolman Creek Road connection was added to the TSP update process
(project #R25) because this connection will serve as Washington Street's left turn onto Ashland Street
if ODOT decides to extend the median. It can also help prevent the median from being extended by
reducing the likelihood that safety warrants triggering restricted left hand turn movements from
Washington Street will occur. j
The joint Transportation and Planning Commissions were tasked with updating the TSP and heard
public testimony from the affected property owner (IPCO Development) in opposition to adding the
Washington Street to Tolman Creek Road connection early in the process. Staff then began working
with the property owners and believes that, with Council approval, a workable agreement has been
reached to proceed with adding the project to the TSP document.
After hearing the terms of the proposed letter of intent, the joint Planning and Transportation
Commissions recommended that Council approve staff s recommendation to sign a letter of intent with
IPCO Development.
FISCAL IMPLICATIONS:
Road construction costs are estimated at $1,015,000 and no property acquisition cost estimates have
been developed to date. If the project is added to the TSP, then some system development funds will
be eligible. However, staff will try to obtain economic development funds from the State of Oregon for
the remainder of the project costs as this project will also be needed as the Washington Street area
commercial and industrial area develops.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff is recommending that City Council approve the Washington Street extension to Tolman Creek
Road draft letter of intent with IPCO Development.
SUGGESTED MOTION:
Move to approve the Washington Street extension to Tolman Creek Road letter of intent between
IPCO Development and the City of Ashland.
ATTACHMENTS:
1. Draft Letter of Intent
2. Draft Project #R25 Washington Street Extension to Tolman Creek Road TSP Project Sheet
3. IPCO Master Plan Map
I
I
Page 2 of 2
LETTER OF INTENT FOR SALE
OF REAL PROPERTY
December 13, 2012
IPCO Development
640 Tolman Creek Road
Ashland, OR 97520
Re: Purchase of Property for Right of Way between Washington Street & Tolman Creek Road
Dear Messrs:
By this letter, City of Ashland ("Buyer'), presents the manner in which it and 1PCO
Development ("Seller") agree Buyer may acquire certain real property from Seller as described herein.
The parties recognize that the transaction will require further documentation and approvals, including
the preparation and approval of a formal agreement setting forth the terms and conditions of the
proposed purchase (the "Purchase Agreement'); nevertheless, they execute this letter to evidence their
intention to proceed in mutual good faith to complete work required to negotiate terns of a Purchase
Agreement that are consistent with this letter.
The proposed terms and conditions include, but are not limited to, the following:
1. Property. Buyer will purchase from Seller all interests and rights, owned or used by Seller in
connection with an approximate 55 feet wide strip of private property between Washington
Street & Tolman Creek Road as further described in Exhibit A, (the "Property"). The Seller
acknowledges that the Buyer intends to establish this property as a dedicated right-of-way
("ROW") through the current 1PCO Development property. This new ROW would parallel and
offset approximately 10 feet to the north of the centerline of the existing Washington Street
ROW.
2. Consideration. The consideration (the "Purchase Price") will be established pursuant to
appraisal by an appraiser selected and paid by the Buyer and subject to reasonable negotiations
with Seller. Buyer will not assume any other liabilities or obligations of Seller over other
property adjacent to or previously part of parcel or lot tluough which the Property, as a right-of-
way, runs, and Seller will indemnify and hold harmless Buyer against all such other liabilities
and obligations.
3. Purchase Agreement. The transaction will be subject to the negotiation and execution of a
definitive Purchase Agreement with terms satisfactory to Seller and Buyer. The Purchase
Agreement will contain representations, warranties and covenants, conditions that are reflected
in the 1PCO Development conceptual site plan scheme #14 (11-13-13) Exhibit A (attached) and
will include without limitation the following:
(a) The Buyer proposes, subject to planning approval, to build, own, and maintain this
approximately 700 feet long, 28 feet wide paved road with curb, "park row", and 8 feet wide
sidewalks on the north side of street. Buyer agrees, subject to Planning approval, to allow
seller to credit park row landscape for sellers required landscape associated to any future
Page 1 of 4
development on said property. In addition, buyer will install irrigation system and pay water
bill in public park now.
(b) The Buyer will construct and maintain a stream crossing structure over Hamilton Creek, to
support the new roadway and sidewalk. The crossing structure will be designed to meet or
exceed the most current storm water quality mitigation requirements and standards. Riparian
restoration of the creek bed and banks will be included to the maximum extent practicable.
(c) The Buyer will relocate existing utilities as required, without diminishing utility services
quality to the development, including water pressure, electric power, and sewer service line to
property line at a location designated by the property owner with proper access to all
locations. This shall not be charged back to seller.
(d) The Buyer will assist the development to adjust the location of the existing conservation
casement across private property to the match the new FEMA flood map and Ashland Water
Resources Protection Ordinance boundaries. If allowed by FEMA, the Buyer will allow
building E as shown with parking at the southeast corner with utility and road access over
that area.
(e) The Buyer, subject to Planning approval, will allow the development to use any land
recovered and to use the area over the existing pipe culvert, as deemed appropriate by FEMA,
and allow the development to clean out and maintain blackberry and weed infested areas and
use these areas for landscape credits.
(f) Assist the development in preparing a master plan that will include parking and driveways in
specified locations to be formally submitted for planning rcview through the City's planning
process. The associated City planning costs will be paid by the Buyer. The Buyer anticipates
that the process will include the following steps:
a. Submit pre-application for Preliminary Site Layout.
b. Draft conservation easement boundary adjustment & delineate "water protection
zone."
c. Draft right-of-way dedication survey documentation.
d. Obtain property owner concurrence RE: ROW dedication & casements.
C. Obtain Planning approval for variances.
f Obtain City Council approval RE: ROW dedication & easements.
g. Engineering Design & Permitting.
h. Planning Approval for Environmental Constraints.
i. Site Plan approvals.
(g) The Buyer agrees to work with the Seller during engineering phase of project to ensure Imal
grades will accommodate ingress and egress on the Seller's driveways in order to minimize
impacts of steep grades as much as possible.
(h) The Seller can continue to drain storm water into Hamilton Creek as long as current state,
federal and local stone drain regulations are met.
I
Page 2 of 4
4. Access. To permit Buyer to conduct its due diligence investigation, as long as this letter
remains in effect, Seller will permit Buyer and its agents to have reasonable access to the
Property for purposes of surveying and planning for the use and design of the Property.
5. Conditions to Closing. The closing of the transaction will be subject to certain conditions,
including without limitation the following:
(a) Funds for the purchase of said land are subject to the buyer successfully securing a grant to
purchase the Properly.
(b) All required approvals, consents, and authorizations of state and federal regulatory
authorities shall have been received.
(c) All required consents of third parties shall have been received.
(d) Buyer shall have completed a due diligence review of the property and its title of
Seller satisfactory to Buyer in its sole discretion.
The Buyer, as the City, may be required to make make land use and/or building code
decisions affecting development of the subject Right-of-Way and related property according
to local and state laws. The Parties therefore acknowledge that the Buyer cannot and does not
promise or guarantee any particular planning or building code decision or result as part of or
as a condition of achieving the purposes of this letter of intent.
6. Negotiations with Others. Until January 1, 2018, the date on which the parties anticipate that a
Purchase Agreement will be executed, Seller will not offer its stock or assets to, entertain offers
for them from, negotiate for their sale to, or make information about them available (for
purposes of sale) to, any third patty.
7. Conduct of Business; Interim Operations. As long as this letter remains in effect, Seller will
use its best efforts to conduct its business in a reasonable and prudent manner in accordance
with past practices, to preserve its existing business organizations and relationships with its
employees, customers, suppliers, and others with whom it has a business relationship, to
preserve and protect its properties, avoid any and all liens, and to conduct its business in
compliance with all applicable laws and regulations.
8. Closing Date. The closing date under the Purchase Agreement will be the date agreed upon by
the parties.
9. Effect of This Letter. This letter sets forth the intent of the parties only, is not binding on the
parties, and may not be relied on as the basis for a contract by estoppel or be the basis for a
claim based on detrimental reliance or any other theory; provided that paragraphs 6 and 7, and
this paragraph 9 will be enforceable in accordance with their terms. With the exceptions of
paragraphs 4, 6, 7, and this paragraph 9, the parties understand that no party shall be bound
until the Purchase Agreement has been negotiated, executed, delivered, and approved by the
partners or shareholders of Buyer and Seller, as the case may be.
Page 3 of 4
10. Termination of Negotiations. This letter may be terminated at anytime by either party giving
written notice to the other. After notice is given, the parties shall be bound only by paragraphs
6, 7, and 9. i
If this letter sets forth your intent to proceed in good faith substantially in the manner outlined
in this letter, please sign a copy of this letter and return it to Buyer. This letter of intent shall be of no i
further force and effect if it is not signed by Seller and returned to Buyer by the close of business on
13 ,2012.
Ve truly yours, {
By: a- F lz5~'
Buyer
i
Accepted and agreed to
i
Seller
{
j
1
i
I~
Page 4 of 4
i
i
T
Federal Emergency Management Agency
Washington, D.C. 20472
y ~F~gND54r'~ RECEIVED
October 31, 2013
Nov 00,
CERTIFIED MAIL IN REPLY REFER TO:
RETURN RECEIPT REQUESTED Case No.: 13-10-1570P
Community Name: City Of Ashland, OR
The Honorable John Stmmberg Community No.: 410090
Mayor, City of Ashland Effective Date of
20 East Main Street This Revision: Match 18, 2014
Ashland, OR 97520
Dear Mayor Stromberg:
The Flood Insurance Rate Map for your community has been revised by this Letter of Map Revision (LOMR).
Please use the enclosed annotated map panel(s) revised by this LOMR for floodplain management purposes and for
all flood insurance policies and renewals issued in your community.
i
Additional documents are enclosed which provide information regarding this LOMR. Please see the List of
Enclosures below to determine which documents are included. Other attachments specific to this request may be
included as referenced in the Determination Document. If you have any questions regarding floodplain management
regulations for your community or the National Flood Insurance Program (NFIP) in general, please contact the
Consultation Coordination Officer for your community. If you have any technical questions regarding this LOMR,
please contact the Director, Mitigation Division of the Department of Homeland Security's Federal Emergency
Management Agency (FEMA) in Bothell, Washington, at (425) 487-4682, or the FEMA Map Information
eXchange (FMIX) toll free at 1-877-336-2627 (1-877-FEMA MAP). Additional information about the NFIP is
available on our website at httpl/www.fema.gov/nfip.
Sincerely,
Luis Rodriguez, P.E., Chief '
Engineering Management Branch
Federal Insurance and Mitigation Administration
List-of Enclosures:
Letter of Map Revision Determination Document
Annotated Flood Insurance Rate Map
cc: Ms. Atny Gunter
Mr. Kirk J. Daley, Y.E.
Ms. Christine Shirley, CFM
Page 1 of 4 Issue Date: October 31, 2013 Effective Date: March 18, 2014 Case No: 13.104670P LOMR-APP
Q1,PAeiyP
Federal Emergency Management Agency
.F Washington, D.C. 20472
A
Gail s1•
LETTER OF MAP REVISION
DETERMINATION DOCUMENT
COMMUNITY AND REVISION INFORMATION PROJECT DESCRIPTION BASIS OF REQUEST
City Of Ashland NO PROJECT NEW TOPOGRAPHIC DATA
Jackson County HYDROLOGIC ANALYSIS
Oregon HYDRAULIC ANALYSIS
COMMUNITY
COMMUNITY NO.: 410090
IDEN71FIER IPC.O-Hemllton Creek APPROXIMATE LATITUDE B LONGITUDE:42.184,422.899
SOURCE: Other DATUM: NAD 93
ANNOTATED MAPPING ENCLOSURES ANNOTATED STUDY ENCLOSURES
TYPE: FIRM' NO.: 4102902216F DATE: May 3, 2011 NO REVISION TO THE FLOOD INSURANCE STUDY REPORT
n res reflect changes to oo og sources affected by s r son.
FIRM - Flood Insurance Rate Map
FLOODING SOURCE(S) 6 REVISED REACH(ES)
Hamilton Creak - From approximately 80 feet downstream of Ashland Street to approximately 80 feet upstream of Mistletoe Road.
l
i
SUMMARY OF REVISIONS
Flooding Source Effective Flooding Revised Flooding Increases Deem""
Hamilton Creek Zone A Zane A NONE YES
Zons X (unshaded) Zons X (unshaded) NONE YES
DETERMINATION
This document provides the determination from the Department of Homeland SeourOys Federal Emergency Management Agency (FEMA)
regarding a request for a Leger of Map Revision (LOMB) for the area described above. Using the information submitted. we have determined that
a revision to the flood hazards depicted In the Flood Insurance Study (FIS) report andfor National Flood Insurance Program (NFIP) map Is
warranted. This document revises the effective NFIP map, as Indicated In the attached documentation. Please use the enclosed annotated map
panels revised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals in your community.
This determination Is based on the food date presently available. The enclosed documents provide additional Information regarding this determination. If you have
any questions about this document. Please contact the FEMA Map Information eXdcange (FMDQ top free at 1.877.336.2827 (1.877-FEMA MAP) or by letter
addressed to the LOMC Clearinghouse, 847 South Pickett Street, Alexandda, VA 223044505. Additional information about the NFIP is available on our wobslte at
htlp9Av .fema.govmmp.
Luis Rodriguez, P.E., Chief
Engineering Management Broach MIO.1570P
Federal Insurance and Mitigation Administration 1021-A-C
I
~I
1
Page 2 of 4 Issue Date: October 31, 2013 Effective Date: March 18, 2014 Case No.: 19-10-1670P LOMR-APP
oeeA~~
r
Federal Emergency Management Agency
x
°y o Washington, D.C. 20472
f~'mwD 56Cm
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
COMMUNITY INFORMATION
APPLICABLE NFIP REGULATIONS/COMMUNITY OBLIGATION
We have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.L. 93-234) and in accordance
with the National Flood Insurance Act of 1968, as amended (Title X1I1 of the Housing and Urban Development Act of 1968, P.L. 90448),
42 U.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended,
communities participating in the NFIP Lire required to adopt and enforce floodplain management regulations that meet or exceed NFIP
criteria. These criteria, including adoption of the FIS report and FIRM, and the modifications made by this LOMB, are the minimum
requirements for continued NFIP participation and do not supersede more stringent Stale/Commonwealth or local requirements to which
the regulations apply.
I
COMMUNITY REMINDERS
We based this determination on the 1-percent-annualchance flood discharges computed in the submitted hydrologic model without
considering subsequent changes in watershed characteristics that could increase flood discharges. Future development of projects
upstream could cause increased flood discharges, which could "cause increased flood hazards. A comprehensive restudy of your
community's flood hazards would consider the cumulative effects of development on flood discharges subsequent to the publication of
the FIS report for your community and could, therefore, establish greater flood hazards in this area.
Your community must regulate all proposed floodplain development and ensure that permits required by Federal and/or
State/Commonwealth law have been obtained. State/Commonwealth or community officials, based on knowledge of local conditions and
in the,interest of safety, may set higher standards for construction or may limit development in floodplain areas. If your
Slate/Commonwealth or community has adopted more restrictive or comprehensive floodplain management criteria, those criteria take
precedence over the minimum NFIP requirements.
We will not print and distribute this LOMR to primary users, such as local insurance agents or mortgage lenders; instead, the community,
will serve as a repository for the new data. We encourage you to disseminate the information in this LOMR by preparing a news release
for publication in your community's newspaper that describes the revision and explains how your community will provide the data and
help interpret the NFIP maps. In that way, interested persons, such as property owners, insurance agents, and mortgage lenders, can
benefit from the information.
I
I
1
This determination Is based on the food data presently available. The enclosed documents provide additional Information regarding this determination. 11 you hm
any questions about this document, please contact the FEMA Map Information eXchange (FMIX) tog free at 1-877-338-2827 (1.877-FEMA MAP) or by letter
addressed to the LOMC Clearinghouse. 647 South Pickett Street, Alexandria. VA 223044805. Additional Information about the NFIP Is available on our webslte at
http:/Mww.fema.gov/nllp.
Luis Rodriguez, P.E., Chief
Engineering Management Branch 13-10-1570P
Federal Insurance and Miggetbn Administration 102-I-A,C
Page 3 of 4 Issue Date: October 91, 2019 Effective Date: March 18, 2014 Case No.: 13.10-1670P LOMR-APP
OQ'pA/a~4'
y Federal Emergency Management Agency
Washington, D.C. 20472
LtND SF•~
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison between
your community and FEMA. For information regarding your CCO, please contact:
Mr. Mark Carey
Director, Mitigation Division
Federal Emergency Management Agency, Region X
Federal Regional Center
130 228th Street, Southwest
Bothell, WA 98021-8627
(425) 487-4682
STATUS OF THE COMMUNITY NFIP MAPS
We will not physically revise and republish the FIRM and FIS report for your community to reflect the modifications made by this
LOUR at this time. When changes to the previously cited FIRM panel(s) and FIS report warrant physical revision and republication in
the future, we will incorporate the modifications made by this LOUR at that time.
I
i
This determination Is based on the flood data presently available. The andosed documents provide additional Information regarding this determination. It you have
any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toll free at 1.877-3362627 (1877-FEMA MAP) or by letter
addressed to the LOMC Userinphouse, 847 South Pickett Street, Alexandria, VA 223044605. Additional Information about the NFIP Is available on our webdte at
htlp-lAvmv.fanmgov/Mip.
Luis Rodriguez, P.E., Chef
Engineering Management (Branch 13.10-1570P
Federal Insumnoe and Mitigation Administration 102.1-A-C
Page 4 of 4 Issue Date: October 31, 2013 Effective Date: March 18, 2014 Case No.: 13.104570P LOMR-APP
~ppARTyp
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Federal Emergency Management Agency
Washington, D.C. 20472
AND 4F•~
LETTER OF MAP REVISION
DETERMINATION DOCUMENT (CONTINUED)
COMMUNITY INFORMATION (CONTINUED)
A notice of changes will be published in the Federal Register. This information will be published in your local newspaper on or about the
dates listed below and through FEMA's Flood Hazard Mapping website at https://www.flolodmaps.fema.gov/flun/Scripts/bfe_main.aV.
LOCALNEWSPAPER Name: Ashland Daily Tidings
Dates: November 11, 2013 and November 18, 2013
Within 90 days of the second publication in the local newspaper, a citizen may request that we reconsider this determination. Any request
for reconsideration must be based on scientific or technical data. Therefore, this letter will be effective only after the 90-day appeal period
has elapsed and we have resolved any appeals that we receive during this appeal period. Until this LOMR is effective, the revised flood
hazard information presented in this LOMR may be changed
i
This detenninallm Is based on the flood data presently available. The enclosed documents provide additional informe5on regarding this determination. If you have
any questions about this document, please contact the FEMA Map Information eXchange (FMOO toll free at 1.877.338-2827 (1.877-FEMA MAP) or by letter
addressed to the LOMC Clearinghouse, 847 South Pickett street. Alexandria. VA 22304-4605. Additional Information about the NFIP is waiable on our website at
ht4)JA~ farm oovinflp.
Luis Rodriguez. P.E., CNef
Englneedng Management Branch 13-10-1570P
Federal Insurance and Mitigation AdmWstrallm 102-1-AC
NOTE: MAPAREA SHOWN ON THIS PANELIS LOCATED
WITHIN TOWNSHIP 113 NORTH, RANGE 43 WEST.
JACKSON COUNTY JACKSON COUNTY
UNINCORPORATED AREAS UNINCORPORATED AREAS
415589 415589
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