HomeMy WebLinkAbout2019-0115 Council Mtg MIN
CITY OF
ASHLAND
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
Tuesday, January 15, 2019
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.]
6:30 p.m. Executive Session*
*Purpose of Executive Session Item - Conduct deliberations with persons designated by the
governing body to negotiate real property transactions, pursuant to ORS 192.660(2)(e).
The Executive Session was adjourned at 6:45 PM.
7:00 p.m. Regular Meeting
1. CALL TO ORDER
Mayor Stromberg called the Business Meeting to order at 7:00 PM
II. PLEDGE OF ALLEGIANCE
TII. ROLL CALL
Councilors Slattery, Graham, Akins, Seffinger, Rosenthal and Jensen were present.
IV. MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced the current Commission and Committee vacancies.
He also announced that item XIII.#1 Citizens' Budget Committee Appointment will be moved to
the February 5th Business Meeting.
V. CITY ADMINISTRATOR REPORT
City Administrator Kelly Madding announced that there will be a Goal Setting Meeting on
Friday, January 18th from 9am-3pm and another Session on Friday, February I` from 9 AM- 11
AM. Slattery noted that the Goal Setting Meeting has been noticed to the public and it will be
held in the Siskiyou Room.
Ms. Madding announced she attended 2 Meetings where Oregon Shakespeare Festival
representatives came forward and talked about the summer schedule and economic development
issues regarding the smoke. She asked that they come and discuss this with Council. Council
gave consensus to have this information be brought to a future Study Session or Business
Meeting.
VI. APPROVAL OF MINUTES
1. Study Session of December 17, 2018
2. Business Meeting of December 18, 2018
Slattery/Rosenthal moved to recuse Akins and Graham from this vote. Discussion: None.
All Ayes. Motion passed unanimously.
Rosenthal/Jensen moved to approve the Minutes. Discussion: None. All Ayes. Motion
passed unanimously.
VII. SPECIAL PRESENTATIONS & AWARDS
VIII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES
Airport Conservation Forest Lands
Historic Housing and Human Srvs. Parks & Recreation
Planning Public Arts Transportation
Tree Wildfire Mitigation
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]
Lynn Georgens-Ashland- Spoke regarding 5G in Ashland (see attached).
Kelly Marcotulli-Ashland-Read a statement for the record regarding 5G (see attached).
Bruno Marcotulli-Ashland-Continued discussing 5G in Ashland. He spoke to petition to bring
1996 telecommunications into line with current times.
Ralph Thomas-Ashland-Spoke regarding 5G in Ashland and read a statement into the record (see
attached).
Julia Sommer -Ashland-Spoke regarding the listening session. She expressed concern with
downtown parking. She spoke regarding Public Transit and that RVTD is inadequate to help
with tourist's elders and students.
Denise Krause-Ashland-Spoke regarding potential water and air pollution and food safety issues.
Suzanne Witucki-Ashland - Spoke regarding concerns about TID pollution and health issues.
She read a statement into the record (see attached).
William Phillips-Ashland-Spoke regarding hillside depletion and read a statement into the record
(see attached).
Huelz Gutcheon- Ashland:HWY 99-Spoke regarding global energy transformation and
renewable energy.
Rick Harris - Talent - Spoke in concern regarding Waterline Road LID #79. He submitted
documents into the record (see attached).
X. CONSENT AGENDA
1. Liquor License Approval for Kick Stand Cafd, LLC
2. Liquor License Approval for Plaza Hospitality
3. Appointment of Marion Moore to the Conservation Commission
Seffinger pulled this item. She spoke in support of Ms. Moore.
4. Appointment of Jeffrey Phillips to the Public Arts Commission
5. Appointment of Cat Gould to the Tree Commission
6. Rogue Valley Transportation District Grant Letter of Support
Rosenthal pulled this item.
Deputy Planning Director Scott Fleury gave a Staff report. He spoke that Staff recommends
approval of the application.
Jensen/Graham moved to approve the Consent Agenda. Discussion: None. All Ayes.
Motion passed unanimously.
XI. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing. Public hearings shall conclude at 9:00
p.m. and be continued to a future date to be set by the Council, unless the Council, by a
two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which
time the Council shall set a date for continuance and shall proceed with the balance of the
agenda.)
XII. UNFINISHED BUSINESS
XIII. NEW AND MISCELLANEOUS BUSINESS
1. Citizens' Budget Committee Silent Ballot Results
This item was moved to the next Council Business Meeting.
2. Election of Council Chair
Seffinger/Rosenthal moved to appoint Councilor Slattery as Councilor Chair. Discussion:
None. All Ayes. Motion passed unanimously.
XIV. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Findings for 188 Garfield Street Appeal
Ms. Madding gave a brief Staff report..
Rosenthal/Slattery moved to recuse Akins and Graham from this Council Item.
Discussion: None. All Ayes. Motion passed unanimously.
Council unanimously expressed there were no exparte or conflicts of interest.
Seffinger/Jensen moved to adopt the findings for the appeal PA-APPEA1r2018-00005 as presented.
Discussion: None. Roll Call.Vote: Slattery, Seffinger, Rosenthal and Jensen: YES. Motion passed
unanimously.
2. First Reading of an Ordinance to Amend the Ashland Fire Prevention Code AMC
Chapter 15.28
Division Chief Fire and Life Safety Ralph Sartain gave a Staff report.
Jensen/Graham moved to approve the 1st reading of Ordinance No. 3156 to amend the Ashland
Fire Prevention Code AMC Chapter 15.28 and to send Ordinance No. 3156 to a 2nd reading on
February 5, 2019. Discussion: Jensen spoke to the importance of this and complimented Staff. Roll
Call Vote: Slattery, Graham, Akins, Seffinger, Rosenthal and Jensen: YES. Motion passed
unanimously.
3. First Reading of an Ordinance Modifying a Franchise Agreement for Solid Waste
Management and Collection within the City of Ashland and Repealing Ordinance 3090.
Ms. Madding gave.a Staff report.
i
Seffinger/Rosenthal moved to approve the First Reading of an Ordinance Modifying a Franchise
Agreement for Solid Waste Management and Collection within the City of Ashland and Repealing
Ordinance 3090. Disuussion: Seffinger and Rosenthal spoke in support of the Ordinance. Roll Call
Vote: Slattery, Graham, Akins, Seffinger, Rosenthal and Jensen: YES. All Ayes. Motion passed
unanimously.
1. First Reading of an Ordinance Relating to Vehicles for Hire; Amending AMC 6.28.170
Ms. Madding gave a Staff report.
Barbara Massey- Ashland - Spoke to the importance of approving this Ordinance.
Slattery/Jensen. Approve First Reading of Ordinance No. 3165 and advance it to Second Reading
for enactment. Discussion: Slattery spoke in support of the Ordinance. Rosenthal spoke to resistance in
approving this Ordinance. Graham spoke that she would like to keep the wheelchair accessible vehicles
option until Staff has an opportunity to negotiate with the companies.
Graham/Slattery moved to amend the existing motion to keep provisions for wheelchair accessible
vehicles until staff has an opportunity to negotiate with companies. Discussion: Graham spoke in
support of the motion. Slattery spoke that he appreciates the motion but will not vote in favor. He spoke
in support of moving forward with the service. Akins spoke in appreciation of the motion but would like
to move forward with the service. Roll Call Vote: Slattery, Akins, Seffinger, Rosenthal, Jensen: NO.
Graham: YES. Motion failed 5-1.
Discussion on the main motion continued. Rosenthal spoke that he is not in favor. He explained that
Council has not been the issue holding up the process as there have been issues getting Uber and Lyft on
board. He spoke to their poor business tactics in this process. Roll Call Vote: Slattery, Akins,
Seffinger, Jensen: YES. Rosenthal and Graham: NO. Motion passed 4-2.
XV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XVI. ADJOURNMENT OF BUSINESS MEETING
The meeting was adjourned at 8:45 PM.
Respectfully submitted by:
City Recorder Melissa Huhtala
Attest:
Mayor mberg
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).
SG Talking Points-to Ashland Mayor and City Council on 1/15/19
I am here to express my strong opposition to the rollout of 5G in Ashland and
across America.
Installation,of 5G technology will create pervasive and, intense microwave
radiation. It is proven to.be a carcinogen.
The FCC has done nothing to protect the citizens of the US from this health risk.
The facts concerning the relationship between the FCC,and the telecom industry
and their lobbyists•is appalling.
It's declaration to disallow municipalities to appeal.the installation of 5G based.on
health concerns is unconstitutional. (It violates Article ll of the Articlespf the
Confederation - that of the sovereignty of state's rights, and thus, their
municipalities within.)
5G technology has been banned in many countries because of-scientifically
proven health risks. Hundreds of scientists are expressing deep concern in an
international outcry against 5G because of its negative effects on living tissue.
5G technology is millimeter microwaves harmful to humans, animals, insects and
birds. Children absorb more radiation than adults.
5G is nearly 400% stronger than 4G.
Wireless infrastructure-consumes at least ten times as much energy as wired
technologies.
City and Town, Councils and counties all over the US are taking steps to lessen the,
negative exposure, to SG: by. passing Urgency.Ordinances to limit 5G installations in
their neighborhoods. They do this by creating local jurisdiction standards of very
wide margin setbacks from,residences, schools, hospitals; and nature preserves,
and parks. (It is my hope that these standards are enough to make it unfeasible to
install this particular technology.)
RESOURCES FROM LYNN GEORGENS, WHO SPOKE 1/15/19, REGARDING 5G TECHNOLOGY:
Congressman BlumenthaI's Request to the FCC: htr s:/Lel ti ust.or ; ak_ou1 (Environmental Health Trust)
Mitochondrial Distortion:
file:///Users/lonnerholden/Downloads/5G%20M itochondria%20YouTube%20How%20The%20New%20_5G_%20EMFs%
20Will %2OMake%2OUs%2OSick%20with%2ODr. %2OJack%2OKruse%20(Electrosmog%2ORx%20free%20preview)%20-
%20YouTube.html
China/US 5G technological "race": hops jLhediplornat.com/201&/12 wn'~_7g=is-the-next=front--of-us-china-competition/
EMF Safety Network: http://emfsafetynetwork.org/
Health Risks of 5G - Dr. Martin Pall, Professor Emeritus of Biochemistry and Basic Medical Sciences
Washington State Universit : hit s:/Avvwv.r~cii r ignre e<rcn.or rese rch/dr-martinp:al!s-latest cor iyilation-of-emf
medical-research-literature/
Dr. Martin Pall - Youtube: 1-ittps://www.youtube.com/watch?v=kBSUWbUB6:-E
Dr. Martin Pall - Paper: 8 Risks of 5G https•//einarflydal.files.wordpress.corn/2018/04/pall-to-eu-on-5g-harm-marcl-r-
2018.pdf
Marin County sues FCC on 5G: http>s: _Zwww.marincounty.or /m_in,~county-press releases/press-releases/2018/cc-fcc
5g-103118
City of Sebastopol, California Moratorium on 5G: https;//www ci.sebastopol.ca.us/getattacliment/iyleeting-Event/-City-
Council/2018/Special-Cite-Council-MeetiriOctober-30 -2018/Agenda-Item-Number-7-Urgency-Ordinance-small-cell-
telecommunications-moratorium-(1).pdf.aspx
City of San Rafael, California Urgency Ordinance RRE: 5G:
http://publicrecords.cityofsanrafael.org/WebLink/DocView.aspx?id=25831&searchid=aed0bbl8-f8b1-4f15-aa 1f-
985eca4f9b4a&dbid=0&repo=CityofSanRafael&cr=1
and: http•//publicrecords cityofsanrafael org/WebLink/welcome.aspx?dbid=0&repo=CityofSanRafael
Amendments: http://publicrecords.cityofsanrafael.org/1,%teb! inlJDocVie-w.asc;?id=25&22&searchid=aedObul8-f8bi-
4f15-aa1f-985eca4f9b4a&dbid=0&repo=City-ofSanR<.~fael
Petition Against 5G: https://5gfreemarin.ori;,/
Action Network Against 5G: https://www.tele.comaower,-i .or f La!<eadion.h__m.1
https://www.radiationresearch.org/
International Scientific Community Moratorium on 5G: https://www.saferemr.com/2017/09/5G-moratorium12.htmI
Hello, my name is Kelly Marcotulli. I live in Ashland.
Regarding EMFs or esmog, the research continues to pour in from across the globe. Each
day brings a new report shedding a stronger and brighter light on the serious dangers of
5G technology. It's real. There's no denying it any longer. More and more personal
testimony is slowly creating a foundational web of evidence, dust as happened when
people began to die of lung cancer, when cigarettes were still being touted as being
"good for your lungs."
At an elementary school in Canada, two children died of cardiac arrest after wifi was
installed. Numerous other children at this school had been in and out of doctor's offices
for the past 18 months, the same amount of time wifi had been installed and used in the
school. Recently, while I was working at an Ashland elementary school, a kindergartner
said to me, "I wish the buzzing in my head would stop." Why is a 5-year-old hearing
buzzing while at school? ...the same buzzing that I hear when I'm in a room with Strom
wifi? Did you hear buzzing in your head at school when you were 5 years old? Neither
did I. Are the signs all around us, but we don't know enough to recognize them, having
no context or research to connect the dots?
https://www.youtube.com/watch?v=bsPBUuwCfal
A recent report by the New York Times revealed that major tech administrators don't
allow their own children access to cell phones. One was quoted as saying, "Technologists
know how phones really work, and many have decided they don't want their own
children anywhere near them."
One Facebook executive did not let her children have cellphones until high school, and
even now bans phone use in the car and severely limits it at home.
https://N-vTNN,w.nytiiiies.com/2018/10/26/stN-le/plioiles-ell ildren-si l icon-
valley html?action=click&module=RelatedLinl.s&U,-ltv pe=Article
We know that fire departments were granted a request to have wifi cell towers removed
from their stations, because firefighters were feeling the ill effects of this
technology. Another NOT SO SUBTLE CLUE, that things aren't as they should be.
https://sanfrancisco.cbslocal.com/2018/01/25/consumerwatch-5g-cellphone-towers-
signal-renewed-concerns-over-impacts-on-health/
CLAIRE EDWARDS, a member of the United Nations Vienna Center, warned the
Secretary General of the severe and demonstrable evidence of microwave radiation in a
metal building that traps and intensifies the signals. Ms. Edwards stated: (quote) "On
the basis of the PRECAUTIONARY PRINCIPLE, I urge you to have these EMF emitting
devices removed immediately from this building and to call a halt to 5G at UN duty
stations because 5G is designed to deliver concentrated and focused electro magnetic
radiation in EXCESS OF 100 TIMES CURRENT LEVELS."
https://www.youtube.com/watch?v=MUoWenjUkAO&fbclid=IwARlyhJKhTRSFC3RHSf
YmMsAh6zrUdMAg3RGPIOtbpHr sRLKPpVS-V1HsAU
To believe we don't have a problem to contend with is indeed a problem we must
contend with. This danger is very real ...and very present.
This is why I propose we establish an Ashland research and study group to take a good
hard look at the realities of 5G. As a city known for its courage to buck the norms in the
name of people's rights, we can come up with viable, logical, and SAFE solutions, which
may very well include stopping the invasion of 5G in our beautiful town until more
research is undertaken in regards to the damage it does to the human brain, to animals,
and insects.... all of which seem fairly important things to protect.
Thank you for your time.
NIH Conference
https://www.youtube.com/playlist?list=PLMAz9ZRXjYmp8vCf4fHCxmLhdgEgbgYS65
January 15, 2019
My name is Ralph Thomas. I reside at 801 Forest Street and have been an Ashland resident for two and a
half years. Before I express my concerns about 5G I'd like to share some details about myself.
My father was an electrician so I started learning about technology at an early age. I developed an
interest in amateur (ham) radio, and then a job at a TV repair store when I became a teenager. I
continued working as a TV repair tech while completing an Associates degree in Electronics.
After college I was fortunate enough to receive an offer of employment from General Motors Research
Laboratories. My good fortune raised some eyebrows since I didn't have a.PhD. Luckily the hiring
manager was able to recognize my talent.
The seven years I worked at the labs gave me an understanding of science few enjoy. I utilized my
employers tuition reimbursement program to attend evening classes at Wayne State University in
Detroit, Michigan to complete a Bachelors in Electronic Engineering (GPA: 3.7/4.0).
After completing my degree I joined the Institute of Electrical and Electronic Engineers (IEEE) and was
promptly recruited by Ford Motor Electronics Division. Working as a Product Design Engineerfor four
years taught me that moving a product into production before it was ready may raise profits but comes
with many risks. A brake problem in Ford products led to a recall in the 80s. In response Ford changed
their records retention policy to make certain test data was destroyed in a timely fashion.
After working at Ford I accepted an offer from Motorola Semiconductor Products in Chandler, Arizona to
work as a Senior Electronics Engineer. Afterworking at Motorola for four years I decided to redirect my
career path toward Information Technology when the Internet was launched.
Designing and implementing electronic circuits exposed me to a variety of design problems caused by
radio signal interference. I came to understand we are all living in a soup of radio signals. In nations
where research into the effects of radio signals have continued it has been determined the higher the
frequency the less power is needed to impact all living things on the cellular level. This research has led
to revised exposure levels: China, France, Russia, and other countries limit exposure levels to 10% of the
levels US residents are exposed to.
The telecommunications industry's haste to implement SG before it has been defined makes me wonder
if we will repeat the VHS vs Beta video tape competition of the 80s. Will there be denials similar to those
made by the tobacco industry?
Our use of technology has advanced but the underlying physics has remained unchanged. While the
laws enacted by government are usually well intended we must acknowledge the laws of humans never
supersede the laws of physics. To ignore this fact assures failure for all participants.
Other nations that have already implemented 5G have learned much about its operation. We may not
need to reinvent the wheel, just point it in a different direction.
My review of Ashland's history revealed this town is known for taking the lead. I ask the city to make
arrangements for a 5G study session for February and allow the community to make presentations to
the SG study group. Let's pool our knowledge so Ashland can continue to be a leader.
Thank you for allowing me to share my thoughts with the community. If you have any questions I can be
reached at (586) 995-1452 or via email: ralph@frontier.net
Ashland city council meeting jan 15, 2019
Good evening. I am suzanne witucki, i live in Ashland
You are the decision makers charged with protecting the health of our community,
and i am concerned about water issues at the slaughtering facility on Siskiyou
Blvd. The owner received tentative approval from jackson county that allows
operation of a poultry and hog feeding and slaughtering facility on that steeply
sloping hillside. A public hearing held january 7 elicited strenuous objections
from ashland residents. The county's final approval is contingent upon the
owners' fulfilling 13 conditions but, they have been feeding and slaughtering
animals on that land for over 2 years without permits so will these owners now
comply with 13 conditions requiring them to meet legal standards?
The owners have recently applied for a - confined animal feeding operation
permit to slaughter, process, store and sell 2400 chickens at a time as well as 40
to 50 hogs.
Originally all the waste products were to go through an industrial septic system
approved by the deq. Now no septic system will be installed because a cafo
permit determines the manure management system. All the free range chicken
wastes will be collected and transferred to a tank. Pigs will not be in a pen; they
will graze on the steep hillside, but the pig wastes must be collected and stored
in open ponds built on flat areas. Flat areas are limited on that steep hillside.
There can be no run off of any waste material. There can be no pollutants going
into the TID but how is this monitored?How does the waste from the free range
chickens get into the tank? How do the wastes from pigs roaming the hillside get
into the open ponds? It is a dilemma, ladies and gentleman.
Are the bulldozers and excavators now on the property creating flat land for the
open ponds further destabilizing that steep hillside?
Why am i coming to you? Because i am fearful of the toxic effects of this
operation on the surface water and the residential wells and the TID.
1
You have learned of the operation's close proximity to the TID which provides
both irrigation water and serves as a source of ashland's drinking water during
dry summer months. One must ask where have all those animal wastes been
flowing downhill for the past 2 years?
I am urging you to please direct ms. Brown to initiate testing of the water quality
in the TID to assure that TID waters continue to be a reliable and pure source of
water for ashland's citizens and to retest at regular intervals, both above and
below the subject property. If there is found to be any a coli contamination,
further tests for dna can determine the source of the fecal contamination. Is it
deer and raccoon? Or pigs and chickens?
Thank you for your time this evening and your serious consideration of my
request.
I
2
1. Good Evening.
2. My name is Bill Phillips.
3. I live just south of the Ashland City limits in Jackson County.
4. Believe me when I say that I take no pleasure in addressing
you this evening.
I
5. I am a long time resident of Ashland having moved here 50
years ago being attracted by the beauty, clean air, lakes,
rivers and outdoor activities. For 13 years during the'70's
and early'80's I worked as a fire fighter and EMT for the
Ashland Fire Dept.
6. On the morning of September 21, 2009 an illegal burn blazed
out of control just south of Ashland. High S.E. winds fanned
the blaze as it engulfed everything in its path. Homes and
subdivisions in the vicinity were evacuated as the fire
consumed the forest Had the wind not shifted, this fire could
have become another Paradise Fire Tragedy.
7. As it was, the fire destroyed structures along with the trees
and brush that were an important component for the
stabilization of the very steep hillside.
8. As the years passed the area began to heal with new growth
as grass, brush and trees began to stabilize the hillside.
9. However a few years ago a new danger to the stability of the
Siskiyou Burn began to develop. An endeavor with the ironic
name of UPROOT ASHLAND decided to bring in heavy
equipment and tear out trees, shrubs and stabilizing grass
that had taken root.
10. UPROOT ASHLAND had a vision of growing marijuana
and erected a large structure to that end. A structure still
visible from I-5 far to the north of Ashland. After UPROOT
ASHLAND failed in their attempt to raise and sell marijuana,
they decided to raise and slaughter hogs and chickens as a
business leaving the deteriorating green house and other
debris on the still barren hillside.
This brings us to the current and unfortunate
conundrum we are now facing.
How Will UPROOT ASHAND mange the fecal matter
produced by thousands of free range chickens on a steep
hillside during normal winter rains?
13. What happens when the area is hit by devastating
floods as occurred in 1973 and 1997 - both of which were so
severe that roads and bridges were wiped out and Ashland's
down town plaza was inundated with flood water?
14. Hillsides with vegetation mitigate risks, vAtAwe hillsides
laid bare only exacerbate the situation.
1s. Ashland has a stake in what happens concerning the
land use south of town.
16. _ I find it ironic that the business in question chose as its
name UPROOT ASHLAND. The definition by Webster's for
uproot is to tear up by the roots, to destroy or remove utterly,
to remove or force from native land.
17. - I implore those to whom we have entrusted the
resources of our land for our current health and that of our
children as well as future residents to act responsibly in this
matter. Please DON'T UPROOT ASHLAND.
Bill Phillips
P. O. Box 667
I
Ashland, Oregon 97520
• ASHLAND OFFICE
190 OAK STREET, SUITE 1
ASHLAND, OR 97520
OFFICE (541) 482-5590
PRO WEST TOLL FREE (866) 482-5590
REAL ESTATE FAX (541) 482-4290
info@,AshlandProWest.com
www.AshlandProWest.com
January 15, 2019
Ashland City Council
City of Ashland
20 East Main Street
Ashland, OR 97520
Dear Members of the Council:
In April 1999, the City Council adopted Resolution 99-19 which created Waterline Road
LID #79. 47 lots were each assessed $3,608.68, with interest accruing from that date.
That LID has not been finalized in the intervening 20 years, and no improvements to the
Waterline contemplated by that LID have been built. However, each of the 47 properties
have a cloud on their title showing the assessment as a lien on their property. This issue
causes hardship on the property owners every time there is a sale, and new owners are
confused about the need to pay for assessments when no work has been completed.
This is not a new issue; in May 2016 City Recorder Barbara Christensen informed one of
the property owners that this is an "unusual" LID which is "in limbo", and that a memo
was before the City Council, requesting that the LID be repealed. To date, no action has
been taken to repeal the LID, several sales in the area have been affected, and at least
one of the owners paid the lien to satisfy an unhappy purchaser.
In a conversation this week with Paula Brown, Ashland Public Works Director, I was
informed that there is no active work contemplated on this project, that the roadway
would be difficult and expensive to construct, that it is not on any of the City's prioritized
construction projects through 2035, and that the roadway could not be constructed for
the amount of the LID assessments in place.
Leaving this LID in place serves no purpose-it is a road that will not built because of the
complexity and slope, cannot be built with the assessments that have been levied, and is
only shown on the City Transportation Plan as a placeholder. Continuing to cloud the
titles of the owners of property in the neighborhood in this fashion must be correctly. I
strongly urge the City Council to promptly address this issue for the benefit of all.
Sincerely,
41 ~4fw
Rick Harris
Principal Broker/Owner
Coldwell Banker Pro West Ashland
lit
M~sti
Each Office Is Independently Owned and Operated.
99-21267
CITY OF ASHLAND, OREGON
NOTICE OF ASSESSMENT PURSUANT TO ORS 93.643(1) AND ORS 223.393
OWNER(S) OF PROPERTY BEING ASSESSED: John Franzone
2220 EasMdge Rd
Timonium MD 21093
DATE OF ASSESSMENT: 4.08.99
TOTAL AMOUNT OF LIEN: $3.608.68 TOTAL
LOCAL IMPROVEMENT DISTRICT NAME: Waterline Road Assessment District 79
DOCUMENT TO BE RETURNED TO: Barbara M. Christensen, City Recorder,
20 East Main Ashland OR 97520
The City of Ashland, Oregon claims a lien pursuant to ORS 223.393 against the
following attached described property situated in Jackson County, Oregon, for
assessments on property specially benefitted within the local improvement district
named above.
39-1 E-16AC TL 403
Park Estates, Lot 3, Blk 1, Phase 1
The assessment amount listed does not include the interest being charged. The
assessment has been spread upon this property by resolution adopted of the City
Council of the City of Ashland, Oregon on the date listed above.
Vate Is 14lh 1: 1999. Jackson County, Oregon
Recorded
~ ~ OFFICIAL RECORDS
APR 19 1999
Barbara Christensen tr't
City Recorder - Y fP
State of Oregon ~I-aYC(LAR-k~-
County of Jackson
This Instrument was acknowledged before me on IVh-t 14 1999, by
Barbara Christensen as City Rec of the CIt oy f Ash d, Oregon.
=AONDD L Notary Public for Oregon
EGO REGON M y Commission a ires:
05234 8
IL If H"
. I r
J
r
.4
.ti 1.r
CITY OF
-ASHLAND
May 4, 2016
TO WHOM IT MAY CONCERN:
RE: WATERLINE ROAD LID #79
Dave Lewis
743 Morton Street
Ashland OR 97520
Property Description: 391E16AC TL 405
In April of 1999, the Ashland City Council enacted Resolution No. 99-19 authorizing and ordering
the improvement of Waterline Road from Morton Street easterly approximately 500 feet The
assessment district included the 47 lots within the fist and second phases of park Estates
Subdivision and specifically included 391E16AC-405_ . An assessment of $3,608.68 was
established for each of the 47 lots.
This LID is unusual in that the Council directed that no final assessment will be made on properties
within the district until a residential building permit is issued or a final approval is granted on a
land use application creating one or more new lots on the lot formerly known as the Alston
property. There bas been no activity on the lot and
ty therefore the planned street improvement
process has not been started and no fnal assessment has been made against the lots within the
distact.
The City does not request LID assessment payments until the improvement work has been
completed, final costs computed and a final.assessment hearing held- Because of the unusual
nature of this LID, this LID remains in limbo and the city will not be soliciting payments for the
Waterline Road LID.
A paemo has been submitted to the Council requesting that this LID be repealed, but the date for
this action is not known at this time-
If you liave any questions, please feel free to call me.
Sincerely,
Bazb 'stensen
City Recorder/Treasurer
OyRworderlfreasurer Tet541.488,M LVI
20EMth5t
AsKWW, Oregon ffrs20 /wwwmhhW.or us
Rudisill„Jeannette
From: Rudisill, Dwayne
Sent: Thursday, May 05, 201610:06 AM
To: Rudisill, Jeannette; Merrill, Angelina
Subject: RE: 7162-2629500 - please advise
Angelina,
We have received information from the City of Ashland informing us that no final
assessments have been made nor has an LID been finalized. They have also determined that
the proposed improvements under LID are not feasible due to the nature of the terrain. The
road department has submitted a request to the city council to have the pending assessment
repealed but a date has yet to be set to do so. Based on this information we are in the
position to issue our ALTA Extended Loan Policy without taking exception to said proposed
assessment and insure your Trust Deed in a first lien position.
Best regards.
Dwayne Rudisill
Vice President
Regional Title Operations Manager
First American Title Company
Jackson and Josephine Counties
FirstAmerican
erg
1225 Crater Lake Avenue, Medford, Oregon 97504
Direct: 541-779-7250
Email: drudisill firstam.com
A member of the First American Financial Corporation
family of companies I NYSE: FA
From: Rudisill, Jeannette
Sent: Wednesday, May 04, 201612:26 PM
To: Merrill, Angelina
Cc: Rudisill, Dwayne
Subject: RE: 7162-2629500 - please advise
I have copied our area title manager with your question. He can address Mark's response as well.
Sincerely,
1
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• • , e~ Frost American 716e Insurance Company
t ' 370 Llthia Way
First American Ashland, OR 97520
Phn - (541)488-6840
Fax-(866)391-8367
' i
City of Ashland December 21, 2018
20 E Main ST File No.: 7162-3171109
Ashland, OR 97520
Attn: Lien Search Request-PI se see attached regarding $3,608.68
Re: 391E16AC TL 403
Seller: Peter Van Allen
Buyer: David Neil Young and Cecilia Beth Lauerman
Property: 799 Lisa Lane, Ashland, OR 97520
Tax Account No.: 1-072518-1
We, as Escrow Agent, are handling a transaction on the above referenced property. Please advise us of any
water rights or assessments against this property. Kindly return this information via fax to Fax No. (866)391-
8367.
Should you have any questions or need assistance please contact the undersigned.
First American Title Insurance Company
Jeannette Rudisill, Assistant for
Julie Schamanek, Escrow Officer
Assessments
An assessment of $ covers the lien period beginning to -J-J
The balance owing is $ plus interest from at the rate of $ per diem.
Transfer Fee $ Acres of Water
Please indicate which of the following applies:
Assessed Adjudicated
Vested Permitted
Please show the point of delivery if map is attached.
Signed by: Date:
Waterline at Morton Street looking North and South
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