HomeMy WebLinkAbout2003-0715 Council Mtg PACKETCouncil Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
CITY OF
*ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 15, 2003
Civic Center Council Chambers, 1175 E. Main Street
6:30 p.m. Executive Session: To consider the negotiations for a real property transaction
pursuant to ORS 192.660(1)(e).
7:00 p.m. Hospital Board - Annual General Meeting
7:15 p.m. Regular City Council Meeting
I. PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
III.
APPROVAL OF MINUTES: Regular Council Meeting Minutes of June 17, 2003.
IV. SPECIAL PRESENTATIONS & AWARDS:
V.
VI.
CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Ross Finney to the Conservation
Commission for a term to expire April 30, 2005.
3. Liquor License Application from Karen Stacy dba Jazbo's Lounge.
4. Termination of Three Water Pipeline Easements in Oak Knoll Meadows Phase II1.
5. Memorandum regarding Fireworks Use Within the City of Ashland June 23 through
July 6, 2003.
Approval of Easement Agreement for Delsmans' Irrigation Access to Ashland Flume.
City of Ashland/Benjamin Stott Land Exchange.
PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject of a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued
to a subsequent meeting.)
(None)
VII.
PUBLIC FORUM: Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.)
C, OUNCII., iMEETINGS ARE BROADCAST LIVE ON CHANNEL 9
¥ IS[I THE CITY O'F ASHLAND S WEB SITE AT WWW.ASHI.,AND.O'R.US
VIII. UNFINISHED BUSINESS:
IX.
Xm
XI.
Xll.
(None)
NEW AND MISCELLANEOUS BUSINESS:
(None)
ORDINANCES, RESOLUTIONS AND CONTRACTS:
1. Second reading by title only of "An Ordinance Amending Ashland-Municipal Code
Section 6.28.035 by revising Regulations Applicable to Pedicabs."
2. Reading by title only of "A Resolution setting Public Hearings for Assessments to be
charged against Lots within Three Local Improvement Districts: 1) Central Avenue
Local Improvement District No. 80; 2) Penny Drive/Palmer Road Local Improvement
District No. 81; and 3) Helman Street Sidewalk Local Improvement District No. 82."
3. Reading by title only of '% Resolution Amending Resolutions 2003-12 and 2003-13
Delaying the Start Date of the Utility Rate Increases from Cycle 1 to Cycle 3."
4. Reading by title only of"A Resolution authorizing an Interfund Loan to the
Telecommunications Fund."
OTHER BUSINESS FROM COLINC!L MEMBEP~EE. PORTS FROM COUNCIL
ADJOURNMENT: -
REMINDER
A study session will be held on Wednesday, July 16th at 12:00
p.m. in Council Chambers. Topics will include: 1) Economic
Development Action Plan.
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).
COUNC'II, MEETINGS ARE BROADCAST I...IVE ON C~HANNEI., 9
VI. SIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 17, 2003 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Mayor DeBoer called the meeting to order at 7:00 p.m.
ROLL CALL
Councilor Laws, Amarotico, Morrison and Hearn were present. Councilor Jackson arrived at 7:04 PM.
Councilor Hartzell was absent.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of June 3, 2003 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor presented GFOA Achievement Award to Finance Department. Patrick Caldwell accepted the
award on behalf of the Finance Department.
Community Development Director John McLaughlin came forward to introduce Gary Collard as the new
Housing Program Specialist.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Fred Stockwell to the Tree Commission for a term to
expire April 30, 2005.
3. Confirmation of Mayor's appointment of Elin Silveous to the Ashland Fiber Network
Programming Committee for a term to expire April 30, 2005.
4. Confirmation of Mayor's appointments of Lexi Delgado and Brad Knickerbocker to the Bicycle
& Pedestrian Commission for terms to expire April 30, 2007.
5. Liquor License Application from Davin Light and Francesca Fericano dba Josephine's at 290 E.
Main Street.
6. Deed Exchange to cure property description gap in unnamed alley intersecting Ridge.
7. Approval of Quitclaim Deed to remove easement on Perozzi Property.
8. Approval of Agreement No. 20,858 - Walkway/Bikeway Project Agreement at Lithia Way and
Oak Street between the City of Ashland and the Oregon Department of Transportation.
9. Approval of Amendment No. 1 to Agreement No. 19489 - 2001 Oregon Transportation Initiative
Act Agreement - Siskiyou Boulevard ~ Lithia Way and E. Main Street between the City of
Ashland and the Oregon Department of Transportation.
10. Fireworks Regulations within City of Ashland.
11. Reading by title only of "A Resolution amending pay schedule for management and
confidential employees for fiscal year 2003-2004."
* Councilor Heam requested that item//7 be removed from Consent Agenda.
* Councilor Amarotico declared a potential conflict of interest regarding Consent Agenda item tt 8.
* Councilor Jackson requested that item Itl0 be removed from Consent Agenda for further clarification.
* Councilor Laws declared a conflict of interest regarding Consent Agenda item It 11.
Councilor Morrison/Jackson m/s to approve Consent Agenda items Itl-6 and It8-9. Voice Vote: all
AYES. Motion passed.
Councilor Morrison/Jackson m/s to allow Councilor Laws from abstaing from voting on item #11.
Councilor Morrison/Jackson m/s to approve Resolution #2003-24. Roll Call Vote: Amarotico,
Jackson, Morrison and Hearn, YES; Councilor Laws abstained. Motion passed.
City Attomey Paul Nolte explained for the Council that #7 should have been pulled from Consent Agenda.
He clarified that they should not vote on this item.
Fire Chief Woodley came forward to explain fireworks regulations and the approach that the department
takes in informing the community of these regulations. Police Chief Scott Flueter explained that hightened
enforcement will take place throughout the day. There will be 6 police officers that will be proceeding on
foot to some problems areas including Bridge Street. The department will be out in full force, bringing on
a complete extra shift, and police visibility will be high. He recommended that the public take advantage
of the City's public fireworks display as an alternative to private use.
The Council urged the public to educate themselves about firework safety. Information is available on the
City's web site, as well as at the Fire Department's office. Mentioned the sale of fireworks is prohibited in
Ashland, and the use of fireworks is only permitted June 23-July 6.
Mayor explained that unattended blankets and chairs placed along the Plaza and Siskiyou before the 4th
will be removed.
Councilors Morrison/Jackson m/s to approve Consent Agenda item #10. Voice Vote: all AYES.
Motion passed.
PUBLIC HEARINGS
1. Public Hearing and Decision on the Modification of the Action Plan for the One Year Use of
Community Development Block Grant Funds for Program Year 2001-2002.
Community Development Planner Brandon Goldman briefly explained that the U.S. Department of
Housing and Urban Development (HUD) had allocated $120,000 to the Ashland Community Land Trust
for FY 2001-2002 for the building of 4 affordable housing units. ACLT is requesting a reduction in the
number of units to be developed from 4 to 3. Action Plan states that if there is a substantial change (25%
or more), such a modification requires a public hearing and the Councils' approval. The homes for this
project are 3 houses from the SOU campus that where scheduled to be demolished. The Housing
Commission has reviewed and approved proposed changes and has now forwarded this motion to the
council. Notice of changes has been properly provided to the public newspaper, and there have been no
concerns or comments from the public in the reduction of homes.
Public Hearing Open: 7:21 p.m.
Ron ~Demele/165 Crocker St/Executive Director Rogue Valley Community Development Corporation.
Spoke in favor of the modified action plan. Acknowledged the efforts of Larry Medinger and Krista Berry
in securing funds for this program.
Larry Medinger/115 Fork Street/Spoke in favor of the project. Noted that Russell Dale had been
instrumental in finding property, and is pleased with the cooperation of everyone involved.
Public Hearing Closed: 7:30 p.m.
Councilor Laws/Amarotico m/s to approve Modification of the 2001-2002 Action Plan to allow
ACLT to acquire three parcels between Hersey and Patterson streets for the development of three
affordable single family homes. Voice Vote: all AYES. Motion passed.
2. Public Hearing regarding adoption of a supplemental budget for 2002-2003.
Finance Director Lee Tuneberg briefly explained the necessary adjustments to the 2002-2003 budget. ·
These adjustments are due to unforeseen events including unanticipated revenues and corresponding
expense for fire fuel and construction loan proceeds. Adjustments need to be made to the following funds:
· Street Fund - $474,000
· Capital Improvement Fund - $1,500,000
· Telecommunications Fund - $2,007,175
· Central Services Fund - $60,000
Public Hearing Open: 7:37 p.m.
Public Hearing Closed: 7:37 p.m.
PUBLIC FORUM
Daniel Richards/Homeless/Spoke regarding the homeless issues and offered a solution to the Council.
The solution was to secure donated land that could be used for teaching the homeless and donations could
be made toward the foundation. He felt that grants could be sought to provide funding. The idea would be
to teach a trade to individuals who otherwise would not have the opportunity to learn and benefit.
He also noted what he felt was police brutality in our community toward the homeless, and commented on
an incident where he felt he was the victim of police brutality. He stated that he would be filing a lawsuit
with the City regarding a recent incident with the City of Ashland Police department.
Daniel Rueff/Homeless/Spoke regarding his recent experience with Ashland Police department. He
described an incident that took place at a Peace Protest where he felt he had been harassed, and mentioned
he was unduly followed by officers on several occasions. He also voiced his disappointment with the
article in the Daily Tidings regarding the online poll for the new Police Chief.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Mayor's Appointment of Interim Police Chief.
Mayor explained that current Police Chief Scott Flueter will be resigning from the positon in late August
due to health concerns. He introduced Lt. Rick Walsh who he has appointed as Interim Police Chief
effective June 28, 2003.
Council joined the Mayor in voicing their appreciation to Fluetter for the job he has done for the City.
Councilor Laws/Morrison confirmed appoitment of Lt. Rick Walsh as Interim Police Chief. Voice
Vote: all AYES. Motion passed.
2. Discussion regarding Transient Occupancy Tax.
Sandra Slattery/Paul Nicholson/Ashland Chamber of Commerce/Oregon Shakespeare Festival/
Slattery spoke in favor of the Transient Occupancy Tax. Relayed that she and Nicholson are in full
support of the tax split. Tax funds would be allocated so that 1/3 of funds would go to the OSF and~0..~..-----"'~
Chamber of Commerce, and the remaining 2/3 would go back to the City of Ashland a..(.~k~C~30,000)
Nicholson stated he would like to work with the council on 1) analyzing the impact of current economic
development efforts, 2) developing a rational for the allocation of economic development grants, 3)
developing the appropriate resolutions and ordinances.
A discussion developed between the council members regarding how to proceed with the modified funds.
Several questions were posed including the possible development of a collaborative committee(s). A
consensus was made by the council to hold the funds from the Transient Occupancy Tax in the general
account until it has been decided how the City should allocate the money.
3. Discussion regarding rate increase for Utility Billing.
Finance Director Lee Tun,berg requested that in order to be fair to all customers and all cycles, that the
new billing for the rate increase begin in the third cycle of billing. This would set a' foundation for setting
a rolling cycle for rate increases, and would be a low cost solution and a fair way to treat customers.
Laws/Morrison m/s to place item on agenda for discussion. Voice Vote: all AYES. Motion passed.
Laws/Morrison m/s to approve recommendation by Finance Director to delay implementation of
rate increase by one week. Voice Vote: all AYES. Motion passed.
ORDINANCES~ RESOLUTIONS AND CONTRACTS
1. First reading of "An Ordinance Amending Ashland Municipal Code Section 6.28.035 by
revising regulations applicable to Pedicabs."
Public Works Director Paula Brown briefly explained provisions. She mentioned that the Bicycle and
Pedestrian Commission and Traffic Safety Commision have both approved this idea, though there was
a need to look at the details of the permitting as well as double-checking the insurance requirements.
Recommended that the Traffic Safety staff provide the special vehicle permits required to operate
vehicles.
Councilor Amaratico / Jackson m/s to approve first reading and pass onto second reading of
Ordinance. Roll Call Vote: Laws, Amarotico, Jackson, Morrison and Hearn, YES. Motion Passed.
.
Second reading by title only of "An Ordinance Levying Taxes for period July 1, 2003 to and
including June 30, 2004, such taxes in the sum of $8,008,000 upon all the Real and Personal
Property subject to Assessment and Levy within the Corporate Limits of the City of Ashland,
Jackson County, Oregon."
Councilor Laws/Jackson m/s to approve Ordinance 02897. Roll Call Vote: Jackson, Morrison,
Amarotico, Hearn and Laws, YES. Motion Passed.
3. Reading by title only of "A Resolution Adopting a Supplemental Budget Establishing
Appropriations within the 2002-2003 Budget."
Councilor Hearn/Jackson m/s to approve Resolution #2003-25. DISCUSSION: Morrison voiced
concern regarding the substantial amount of the proposed supplemental budget. Tuneberg recognized the
concern and offered further details on noticing of this resolution. Roll Call Vote: Hearn, Morrison,
Laws, Jackson, and Amarotico, YES. Motion passed.
4. Reading by title only of "A Resolution Transferring Appropriations within the 2002-2003
Budget."
Councilors Laws / Morrison m/s to approve Resolution #2003-22. Roll Call Vote: Amarotico,
Morrison, Laws, Hearn and Jackson, YES. Motion Passed.
5. Reading by title only of "A Resolution declaring Canvass of the Vote of the Election Held in and
for the City of Ashland on May 20, 2003 and Mayoral Proclamation."
Councilor Amaratico / Jackson m/s to approve Resolution #2003-23. Roll Call Vote:
Amarotico, Jackson, Morrison and Hearn, YES. Motion Passed.
Laws,
Mayor read aloud the Proclamation.
OTHER BUSINESS FROM COUNCIL MEMBERS
Mayor DeBoer mentioned firework safety during the 4th of July celebrations and informed public not to
place chairs or blankets out before the 4th. He also gave notice that the July 1 st Council Meeting has been
cancelled, the next meeting will be held on July 15th.
ADJOURNMENT
Meeting was adjourned at 8:38 PM.
Barbara Christensen, City Recorder
Alan DeBoer, Mayor
CITY OF
-ASHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
JUNE 10, 2003
CALL TO ORDER
Commissioner Colin Swales called the meeting order at 1:35 p.m. Other Commissioners present were
Marilyn Briggs and Cameron Hanson. Staff present were Mark Knox, Maria Harris, Brandon Goldman,
and Sue Yates.
APPROVAL OF MINUTES AND FINDINGS
The Minutes of the May 13, 2003 meeting were approved.
The Findings for ?A2003-055, 665 East Main Street were approved.
TYPE I PLANNING ACTIONS
PLANNING ACTION 2003-051
REQUEST FOR A LAND PARTITION TO DIVIDE THE EXISTING PROPERTY AT 1205 TOLMAN CREEK ROAD
INTO TWO PARCELS, WITH THE EXISTING RESIDENCE ON PARCEL 1.
APPLICANT: RICHARD AND SHIARA KIRSCH
This action was called up for a public hearing.
PLANNING ACTION 2003-053
REQUEST FOR A LAND PARTITION TO DIVIDE THE EXISTING PROPERTY AT 155 STRAWBERRY LANE INTO
TWO PARCELS
APPLICANT: BEN STOTT
This action was called up for a public hearing.
PLANNING ACTION 2003-054
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT AN APPROXIMATELY 724
SQUARE FOOT ACCESSORY RESIDENTIAL UNIT AT THE REAR OF THE PROPERTY LOCATED AT 910 PARK
STREET. THE REQUIRED PARKING WILL BE ACCESSED FROM THE EXISTING DRIVEWAY EASEMENT
LOCATED ON THE ADJOINING PROPERTY TO THE NORTH.
APPLICANT: JANET AND TIM TURK
This action was approved.
PLANNING ACTION 2003-055
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONVERT AN EXISTING 624 SQUARE
FOOT ART STUDIO, LOCATED AT THE REAR OF THE PROPERTY AT 670 LIBERTY STREET, INTO AN
ACCESSORY RESIDENTIAL UNIT.
APPLICANT: KAREN RESNICK/HOWARD MILGRAM
This action was approved.
PLANNING ACTION 2003-056
REQUEST FOR A LAND PARTITION TO DIVIDE THE EXISTING PROPERTY AT 1660 PEACHEY ROAD (TAX LOT
1200) INTO TWO, APPROXIMATELY 10,000 SQUARE FOOT PARCELS. BOTH PARCELS WILL BE FLAG LOTS
WITH PARCEL 3 HAVING FUNCTIONAL DRIVEWAY ACCESS THROUGH THE ADJOINING PROPERTY TO THE
WEST (TAX LOT 1101).
APPLICANT: MARTY & HOLLY COCHRAN
This action was approved.
PLANNING ACTION 2003-057
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT AN ACCESSORY
RESIDENTIAL UNIT IN CONJUNCTION WITH THE CONSTRUCTION OF THE PRIMARY RESIDENCE ON LOTS
39, 40, 42, 53 AND 58 OF THE RIVER WALK SUBDIVISION, LOCATED ON THE WEST SIDE OF NORTH
MOUNTAIN ACROSS FROM NORTH MOUNTAIN PARK. EACH OF THE ACCESSORY RESIDENTIAL UNITS
WILL BE APPROXIMATELY 460 SQUARE FEET AND LOCATED ABOVE THE GARAGE SITUATED OFF THE
PUBLIC ALLEY
APPLICANT: NOMOCO, LLC
This action was approved.
PLANNING ACTION 2003-058
REQUEST FOR A LAND PARTITION TO DIVIDE THE EXISTING PROPERTY AT 117 ALMOND STREET INTO
TWO PARCELS WITH THE REAR PARCEL BEING A FLAG LOT. THERE IS ALSO A REQUEST FOR A TREE
REMOVAL PERMIT. THE REAR PARCEL CONTAINS FOUR TREES RANGING FROM SIX INCHES TO EIGHT
INCHES IN DIAMETER THAT ARE SUBJECT TO REMOVAL FOR THE FUTURE DEVELOPMENT OF A SINGLE
FAMILY HOME. DRIVEWAY ACCESS WILL BE PROVIDED FROM A NEW, SHARED DRIVEWAY LOCATED
ADJACENT TO THE SOUTH PROPERTY LINE.
APPLICANT: ARCHERD & DRESNER, LLC AND BRUCE AND POKII ROBERTS
This action was approved.
PLANNING ACTION 2003-059
REQUEST FOR A LAND PARTITION TO DIVIDE THE EXISTING RESIDENCES AT 812 AND 826 WALKER
AVENUE ONTO TWO SEPARATE PARCELS. THE APPLICATION ALSO INCLUDES A REQUEST FOR A LOT
WIDTH VARIANCE, A REQUEST FOR EACH PARCEL TO HAVE A WIDTH OF 50 FEET RATHER THAN 65 FEET
AS REQUIRED BY THE ZONING DISTRICT.
APPLICANT: GUY SOUERBY
This action was approved.
PLANNING ACTION 2003-060
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONVERT THE EXISTING 900 SQUARE
FOOT RESIDENCE AT 655 TOLMAN CREEK ROAD INTO AN ACCESSORY RESIDENTIAL UNIT, WHILE
CONSTRUCTING AN APPROXIMATELY 2500 SQUARE FOOT PRIMARY RESIDENCE ON THE PROPERTY.
APPLICANT: ROBERT & LORETTA JAYNE
This action was approved.
PLANNING ACTION 2003-061
REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A THEATER (THE GREEN ROOM OF ASHLAND
THEATER VENUE) AT 280 E. HERSEY STREET (LEASE SPACE A-l). THE THEATER PROPOSES TO OPERATE
FROM 5:00 P.M. TO MIDNIGHT, MONDAY THROUGH SATURDAY, AND 9:00 A.M. TO MIDNIGHT ON SUNDAYS.
COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT; ZONING: E-'I; ASSESSOR'S MAP #: 39 1E 04 DC;
TAX LOT: 3401.
APPLICANT: JOSHUA HEUERTZ
This action was called up for a public hearing.
ADJOURNMENT - The meeting was adjourned at 2:05 p.m.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
JUNE 10, 2003
MINUTES
CITY OF
-ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTS
JUNE 10, 2003
CALL TO ORDER
Chair Russ Chapman called the meeting to order at 7:00 p.m. Other Commissioners present werb Cameron Hanson, Colin
Swales, Marilyn Briggs, Dave Dotterrer, John Fields and Mike Moms. Absent members were Ray Kistler and Kerry
KenCaim. Staff present were John McLaughlin, Bill Molnar, Maria Harris, Mark Knox and Sue Yates.
APPROVAL OF MINUTES AND FINDINGS
Minutes - May 13, 2003 Regular Meeting
Swales referred to Page l l toward the end of thc minutes where he stated his opposition to Variances. He would like the
minutes to reflect that he believes there was insufficient information given by the applicant to satisfy the burden of proof
required to meet the criteria, not that he is opposed to Variances.
Dotterrer moved to approve the minutes, as amended. The motion was seconded and the minutes were approved.
Findings for PA2003-151, North Mountain Land Company
Swales moved to approve the Findings. The motion was seconded and the Findings were approved.
PUBLIC FORUM - No one came forth to speak.
TYPE II PUBLIC HEARING
PLANNING ACTION 2003-047
REQUEST FOR MODIFICATION OF PREVIOUSLY APPROVED OUTLINE PLAN, INVOLVING A REDUCTION IN THE TOTAL NUMBER
OF LOTS FROM 13 TO SEVEN FOR THE PROPERTY LOCATED SOUTHEAST OF ROGUE PLACE AND NORTH OF THE RAILROAD
TRACKS. THE APPLICATION INCLUDES FINAL PLAN APPROVAL FOR A SEVEN LOT SUBDIVISION UNDER THE PERFORMANCE
STANDARDS OPTION AND A PHYSICAL CONTRAINTS REVIEW PERMIT TO ALLOW DEVELOPMENT WITHIN A REGULATED AREA
ADJOINING AN IDENTFIED DRAINAGEWAY THAT IS FLOODPLAIN CORRIDOR LAND.
APPLICANT: RUSS DALE
Site Visits and Ex Parte Contact - Site visits were made by all.
STAFF REPORT
Harris stated the application is very similar to the subdivision approval approved by the Planning Commission in July 2002.
The proposal involves a four acre parcel. There is largely residentially developed land to the north and east. To the south and
west is mostly commercially zoned property. There is a drainage along the eastern border, Mountain Creek that is listed on the
National Wetlands Inventory. There are four existing trees that are greater than six inches dbh. Most of the willows are
slightly to the south of the subject properties.
Changes from the previous approval include the number of lots, minor adjustments to the street, the driveway system, the storm
water collection and treatment proposed and alterations to a protected drainage corridor.
There are six lots proposed for development and the seventh for common open space. The applicant is proposing to make the
future development in condominium ownership. The street, an extension of Rogue Place, is classified as a commercial
neighborhood collector. The applicant is proposing to reduce the street treewells from six feet to four feet but make up the
difference in the sidewalk area. In the previously approved plan, the driveway system to the rear of the northern lots was
connected. In this plan they are severed. Hams thought the applicant had a new proposal for this area. One of Staff's
concerns had been that effect of severing the driveways would increase vehicle trips that would be forced out onto the public
street system rather than accommodating them at the rear.
The proposed storm water collection and treatment will collect the flows into Mountain Creek drainage and forward it to the
new line in Starflower Lane at peak times. The existing wetland system will be maintained. The applicant is proposing to
install a rock gabion system from the north property line to the street. The banks are cut pretty severely. They are proposing to
alter the west bank of the drainage area. They will lay back the bank and give it more of a small floodplain character. The
length of the riparian area will be planted with vegetation and irrigated to try and bring back the tree riparian nature of the area.
A footbridge will connect to the open space area in the existing subdivision.
Staff's main concerns revolve around the Physical and Environmental Constraints Permit and the drainage corridor. One
concern is the possible intrusion of earthwork and possible overflow from construction activities into the protected area. There
is a pre-existing drainage easement that was put in place to protect the drainage corridor. The application shows the street
intruding into this drainage easement. Staff is recommending that the street right-of-way should be shifted in a westerly
direction so it is outside the drainage easement. With that information, the applicant has moved the northerly part of Lot 7
further to the west, away from the easement. Staff is recommending that the part of the easement line on Lot 7 line up with the
southerly portion.
Secondly, there is a concern about doing work in the protected area and the definition of the protected area. Staff is
recommending that the easement or protected area be overlaid on the grading plan because it is somewhat difficult to tell where
the area lies. Staff is concerned with the fill from the parking area and street construction and how that lines up with the
easement protected area. More information is needed.
It appears the building.envelope for Lot 5 has been shifted to the west, as required. However, Staff's concern is if that building
is constructed to the edge of the building envelope, what will come over into the protected area. Harris believes their new
information will address that.
Harris said with regard to the Physical and Environmental Constraints Permit that the applicant is required to evaluate the
potential impacts of their proposal, that they identify and put in place all mitigation measures that will prevent potential
hazards, and that they have taken steps to reduce the adverse impact on the environment. Staff is particularly concerned with
the rock gabion treatment. Also, a concern is the landscaping in the gabion area. Gabions are large wire boxes full of rocks.
The protected drainage area is supposed to be a balance between a natural area riparian corridor and serving a storm water
function. Staff wonders how a gabion will do that. What kind of landscape material can be put in place to re-create the
riparian area? The applicant has talked with Staff about potential changes in the grading plan. Harris believes they will be
adding more fill dirt.
Staff suggests if the Planning Commission decides to approve the application, that they attach 26 Conditions listed in Staff
Report. There are some amendments to the Conditions. Add to the end of Condition 6 "footbridge and pedestrian paths".
Harris said there was a letter from the neighbors at 424 Williamson Way. They have several issues they would like addressed
in the Conditions.
Chapman read a letter from Gwen McMahon asking about review of the drainage plans. McLaughlin said the City reviews the
plans that become part of our storm water system.
PUBLIC HEARING
RUSS DALE, 585 Allison Street, said they have redesigned the plan to take into consideration the drainage area. He said the
water that ends up in the parks wetland comes from approximately 410 acres. A portion of the water comes through the site
along with the east drainage. A pre-existing condition was created by some grading that resulted in an hourglass effect being
pushed into the area between two homes that will ultimately erode their foundations. They have come up with some
aesthetically pleasing solutions.
Dale said they wanted to reduce the number of lots to give a designation to the aesthetic area. He has designed some buildings
that he believes will fit nicely.
ROGER ANDERSON, KAS & Associates, 304 S. Holly Street, Medford, OR 97501, explained that they are proposing to
redirect the water that comes across the Railroad District area and across the grassy swale, traversing the Falcon Heights site
and also become part of Mountain Creek at this point
LAURIE SAGER, Environmental Designs, showed slides of the existing site. The banks are very steeply cut. The riparian
character and vegetation is lacking. She showed the areas where the gabions will be placed. They are proposing to lay back
the stream corridor to the west. They would like to provide shade, some meandering habitat to slowly spread the water out for
flood events when large water passes through there. The open space will be somewhat passive but should add to the area.
They would like to provide the connection between the Mountain Creek Subdivision with a bridge and pathway. They are
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
JUNE 10, 2003
proposing to implant boulders in the gabions. They do not have a planting plan yet but they plan to use native and natural
plants to cover and screen the rock gabions.
The bioswales running through the parking lot areas will be planted with ornamentals. The area will be used as passive open
spaces, buffering and cleaning up the water from the parking areas. Most of the water will be directed into the storm drains.
Screening on the north and east sides will be important surrounding the subdivision.
With regard to Staff's concerns, they move the back the building envelope for Lot 5 by five additional feet all along the back
side. On the plan they submitted today, they have shifted the parking up, they shifted a lot over slightly and the driveway has
moved to where the parking spaces were on the original plan. They removed the proposed island.' The small driveway will
access the garages to one of the buildings. Sager talked about the easement. Dale said they are not proposing any
modifications to the streambed.
Sager read a statement written by Kerry KenCaim regarding a discussion she had with Jim Olson regarding the easement.
Sager had a revision to Condition 2. Revise the building envelope on Lot 5 and move it at least 15 feet from top of bank.
Roger said the foundations on the homes at the comer are at risk. The banks have to be stabilized and armored. They will lay
the bank back. It is very steep. They are going with smaller rock gabions. There are still some landscaping issues that need to
be worked out.
Fields had some questions about the gabions. Roger said they will be 24 inches apart but he hasn't decided on the type of rock.
They can use a conveyor system to place the gabions and rocks. The plants will ultimately cover the gabions. Near the bottom
of the drainage where it widens, the gabions can be staggered. They will have to secure easements for the irrigation system.
ARLEN GREGORIO, 474 Williamson Way, stated that their property is at the low point at the comer. He is concerned with the
safety of their buildings and foundations. They are living there, in part, because of the creek. They have spent time and money
maintaining the creek. He has concerns about screening and concerns about the riparian to the south. He believes the gabion
baskets are appropriate. They have seen screening plans and are enthusiastic about the riparian upstream.
Gregorio's main concern is with the construction dealing with the portion of the creek on their property. They want to reserve
the oppommity to review the most specific plans possible before construction commences. They would like to add a Condition
that Russ Dale has a representative on-site continuously that would have the authorization to address issues as they come up.
They would also like a Condition that the gabions be appropriate and adequately planted. They are asking to review the
landscape plans before they are approved.
WILLIAM HOLMES, 357 Starflower, said he is in agreement with Gregorio's comments. He and the residents of Mountain Creek
Subdivision are concerned that the property be designed so the ponds downstream are protected from excess water flow.
SURYA BLUHM, 470 Williamson Way, said she is unclear about what structures are proposed for these lots. She heard there is
going to be a 30-car garage. Dale said he has eight antique cars he plans to store in garages on this site. She is concerned
about what will be built behind her and the height of the buildings.
Rebuttal
Dale said he would be returning when each building is ready to be reviewed. He will meet individually with the neighbors so
they can resolve any issues then. He said someone would be on-site at all times during construction. He has plans to plant
screening materials between the parking and the residents on Williamson Way.
Molnar said there has been a lot of discussion about the aesthetics of the gabion. Staff wonders if this is the proper treatment
for that narrow area. He would agree that a culvert is not the way to go. Their suggestion early on was placing larger boulders
in the drainage. The applicants said it is difficult to get equipment in. Is it impossible? Molnar said Pieter Smeenk, City
Engineer thought boulders were a possibility. They are still not certain about aesthetics.
Molnar said Staff has concerns with regard to encroaching in the conservation easement. If gabions are used on that lower
section, it seems like natural mitigation to use a more natural treatment in that area.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
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JUNE 10, 2003
Molnar stated that the proposal to shift the driveway to where the parking is located raises questions. What is the impact on
traffic o ingress/egress? Perhaps this could be reviewed at Site Review.
Harris said it is difficult to tell where the fill area is on the applicant's map.
Dale can help accommodate the project by redesigning a building. It won't line up with the street as it is existing on the plans.
Morris is concerned about reducing the setback and forcing water onto the adjacent property. And, it looks like they are raising
the west side higher than the east side. Roger said there is a danger of getting too shallow at the corner. They want to make
sure they have enough overbank to keep the creek in its current channel.
COMMISSIONERS' DISCUSSION AND MOTION
Chapman noted the earlier change to Condition 6 - adding "footbridge and pedestrian paths".
Harris' wording for Condition 13 is "That the common open space, Lot 7, shall be modified so that it is congruent with
the existing drainage easement from the bend adjacent to Lot 5 to the south".
Harris warned Condition 2 to remain as it is written in the Staff Report.
With regard to shifting of the driveway, Harris said Staff still has concerns because they have not had a chance to analyze the
new information they have submitted. Harris suggested it be approved as shown previously and not approve what they
submitted tonight. If the applicams warn to come back to shift it, it can be done through the Site Review process. The
connectivity needs to happen. Add a Condition 27 that addresses movement of the driveway. -
Fields noted that if the dedicated open space is our girl from the developer, but it is part of the City's drainage corridor, are we
not giving 15 feet of what should be part of the riparian area? Maybe there is an exchange there that hasn't been considered. If
we accept that the road moves, we may also be asking them to move the alley 15 feet if engineering requires it.
Harris said the alternative to adding conditions is to ask that the information be brought back in from of the whole
Commission. Briggs believes Engineering and Planning Staff can work out the details and they don't need to review it again.
Harris had wording for Condition 27, "That the proposed move of the driveway to the east shall be reviewed at Site
Review approval for Lots 4 and 5, whichever is first. Molnar said if we keep the Condition regarding moving of the
road, it won't come back to the Commission".
Dotterrer is comfortable with the gabions.
Morris asked for clarification of Conditions 2 and 13. Harris said what is shown on the site plan submitted with the
application, that entire area will be five feet back from the property line of Lot 5.
Morris said he would be happy with not moving the road if they could establish the height is not any higher than on the
easement line. Harris thinks there is a retaining wall and that would be at a higher point than the easement line.
Fields moved to approve PA2003-047 with the 27 Conditions. Briggs seconded the motion and it carried unanimously.
Chapman announced that PA2003-052 has been postponed until next month's meeting.
PLANNING ACTION 2003-040
REQUEST FOR SITE REVIEW APPROVAL FOR THE CONSTRUCTIN OF A "CONVEYOR CAR WASH SYSTEM" (I.E. DRIVE-THRU) AT
THE MOBIL SERVICE STATION. THE APPLICATION INCLUDES A REQUEST FOR THE PLANNING COMMISSION TO MAKE AN
INTERPRETATION THAT THE PROPOSED CONVEYOR CAR WASH SYSTEM IS NOT A "DRIVE-UP USE" AS DEFINED IN THE
ASHLAND LAND USE ORDINANCE.
1271ASHLAND STREET
APPLICANT: KEN KHOSROABADIIASHLAND MOBIL
Site Visits and Ex Parte Contacts - Site visits were made by all.
ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
MINUTES
JUNE 10, 2003
STAFF REPORT
Knox reported this is a request for a Conditional Use Permit and Site Review.
drive-up use.
It is also to determine that a car wash is not a
They are requesting that the car wash module be constructed behind the existing service station. The automobile will be pulled
through by conveyor belt. The applicant has already done a lot of site improvements because he did a Site Review last year.
The asphalt has been reduced 15 to 20 percent. The building in the rear will not be that visible from Ashland Street.
Knox said the question is: Is this a drive-up use or not?
McLaughlin said generally gas stations are listed as permitted uses. In a gas station you can mm your car off. The service is to
the car rather than service to a customer in the car. Staff sees this as two distinctive uses.
KEN KHOSROABADI, 132 Crocker Street, said he is the owner of the Mobil Station. He would like the car wash because cars
don't require tune-ups like they used to and he does not like the appearance of a mechanic's shop. The car wash system is the
newest system. The dryer portion is closest to the freeway. The water is 100 percent recycled. He said he could wash 75 cars
per hour.
PJ said that having a new car wash would benefit Ashland because it would reduce dust in town. It would pull cars away from
the center of town.
RIC HOLT supports the project. He believes this is a good job opportunity for young people. He prefers sitting in his car when
going through a car wash.
YOUNG MAN said he favors the cars wash, particularly as a consumer.
GREG BOESCHE, 1121 Old Siskiyou Highway, said he has helped Khosroabadi with the landscaping. The plantings will look
good year round.
COMMISSIONERS' DISCUSSION AND MOTION
Hanson moved to approve the Conditional Use Permit and Site Review. The motion was seconded and approved unanimously.
Hanson moved to forward a recommendation to the Council that the conveyor car wash system is not considered a drive-up
use. The motion was seconded and carried unanimously.
OTHER - There will be a study session on June 24, 2003 at 7:00 p.m. regarding maximum house size.
ADJOURNMENT - The meeting was adjourned at 9:50 p.m.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
JUNE 10, 2003
CITY OF
-ASHLAND
ASHLAND PLANNING COMMISSION
ASHLAND HISTORIC COMMISSION
JOINT STUDY SESSION
MINUTES
JUNE 24, 2003
CALL TO ORDER
Chair Russ Chapman called the meeting to order at 7:05 p.m. Other Planning Commissioners present were Cameron Hanson,
Colin Swales, Marilyn Briggs, Dave Dotterrer and Mike Morris. Absent members were Ray Kistler, Kerry KenCairn, and John
Fields. Historic Commission members present were Rob Saladoff, Alex Krach, Dale Shostrom, Sam Whitford, Terry Skibby
and Joanne Krippaehne. Absent members were Keith Chambers, Tom Giordano and Jay Leighton. Staff present were John
McLaughlin, Mark Knox and Sue Yates.
STAFF PRESENTATION
McLaughlin reminded the Commissioners this topic was discussed at last month's study session. The City Council directed
staff to draft an ordinance setting maximum house size in the Historic District. Currently, the limitations of how big a house
can be on a lot are determined by the standard setbacks and lot coverage. The zones in the Historic District are primarily R-3
(allows 75% lot coverage), R-2 (allows 65% lot coverage) and R-1-7.5 (allows 45% lot coverage). For the most part, there is
not a trend to utilize maximum lot coverage. However, nationwide, we are seeing larger houses being built in desirable
communities (Ashland is on that list) and desirable neighborhoods. Larger homes may not reflect the character of the historic
neighborhood. The proposed ordinance attempts to set some parameters for maximum house size relating to the scale of the
neighborhood by using the lot size. As the lot gets larger, the houses are not allowed get progressively larger as well. There is
a decreasing element proposed.
A floor-area-ratio (FAR) is the proposed approach used in determining maximum house size. It is a ratio of the house size to
the overall lot size. The number .42 is proposed. A house could be 42% of the lot size. For example, a 5000 square foot lot
allows for a .42 FAR. As lots get larger than 5,000 square feet, there is an adjustment factor that adjusts the lot size down.
McLaughlin explained several examples. There are more examples in the packet. The maximum square footage allowed in the
proposed ordinance would be 2587 square feet with attached garages included in the total area.
McLaughlin said they have proposed some different ways of looking at multi-family zoning in order accommodate the density.
A table is included in the packet based on the number of units. The primary concern seen in the e-mails relate to single family
homes.
Since last month's meeting, the FAR has been bumped up to try and reduce the number of properties impacted by the
restrictions in the event someone would want to add a bedroom or do an addition to their home. Staff has discussed using a
Conditional Use Permit process that would allow increasing the size of an existing house in a way that would not overload the
mass.
The height restriction is proposed at 30 feet. The idea of the maximum house size is to look at the size and scale within the
district. There are very few houses that are 35 feet high in the Historic District.
COMMENTS & QUESTIONS OF STAFF
Shostrom thought the building code for ceiling height is seven feet
Swales wondered if McLaughlin is seeing a lot of requests to build large houses. McLaughlin said people are building larger
houses in all neighborhoods, including additions and new construction in the Historic District. Is it excessive? That is a
community value. The Council, after hearing comments from the community, believed we should be looking at trying to
control house size. Larger homes are creeping in over time. Is there a point at which we stop that creep?
Skibby asked what limitations there are on accessory buildings. McLaughlin said a size limit has not been determined. A
distance of six feet between buildings is included. Setbacks have to be met. Accessory buildings are excluded from the overall
floor area. People will be encouraged to keep those buildings in scale with the primary house. The proposed ordinance
encourages development along the alleys and separates the mass from the main structure. Staff has not seen accessory
buildings as a significant problem with regard to size.
Briggs noted there is nothing that would prevent someone from combining lots and building a bigger house. Can we set a
maximum lot size in the Historic District? McLaughlin said they could look at that. Under the proposed ordinance, there are
diminishing returns on large lots. Briggs would like to see examples of combined lots and their potential building size.
Swales asked if we are allowing more density in the R-1 zone than in the multi-family zone. Has Staff looked at increasing the
multipliers in the multi-family zone or allowing accessory units under the CUP process? KnOx concluded that by using the
CUP process for accessory buildings, that gives the Historic and Planning Commission a lot of discretion. McLaughlin added
that in the R-1 zone there is a much lower lot coverage standard. There may be a greater intensity of total floor area but there is
still a balance because of garage, parking, etc. to meet the lot coverage. Swales responded that it didn't seem to be encouraging
maximum use of an R-2 zone.
COMMENTS FROM THE PUBLIC
JERRY TAYLOR, 375 Alnutt Street, said the existing rules are adequate.
DONNA RHEE, 338 Scenic Drive, stated that she and her neighbors appreciate the diversity of the homes in their neighborhood
and believe we need restrictions to keep homes in scale. On the uphill side of Scenic, four homeowners put their own
covenants on their properties so they will have compatible homes on the uphill side of them.
ALLEN DOUMA, 83 Granite Street, believes no law or ordinance needs to be enacted unless a problem exists. He has not seen
an example in Ashland where the existing ordinances have not been adequate or will be adequate in the future. The proposed
ordinance is discriminates and focuses only on houses in Historic Districts and only on houses that are too large. Each Historic
District has its own characteristics. He does not want to see unintended negative consequences that could have a major
financial impact on many people. He wants the best data collected and evaluated to substantiate assertions and determine
impacts.
JOANN HARBAUGH, 180 Windemar Place, said she feels the current codes are adequate and adopting this ordinance will create
more work for city staff.
JIM WILLIAMS, 180 Church Street, does not believe size is a factor in judging the history of a residence. His Queen Anne
Victorian is very tall. He does not want house size restricted.
JED MEESE, 88 Granite, believes the current regulations are more than adequate and gives everyone flexibility. He
recommended tabling this topic.
CHRIS ADDERSON, 300 Vista, said limiting house size does not reflect the historical identity of the neighborhood. By keeping
everything average, Ashland can lose its attractiveness. He believes larger homes enhance neighborhoods and he does not
want limitations.
DOUG NEUMAN, 951 Emigrant Creek Road, does not agree with limiting size. The consequences will be people working
around it and f'mding loopholes.
BRYAN HOLLEY, 324 Liberty, believes it is a great idea to enact this ordinance. Our communities are about a balance of private
property rights and willing participants who have given up some individual right for the greater community good. We do have
a moral obligation to each other.
DOUG FORSY'rH, 65 Granite Street, stated he is against the proposed ordinance. People have a fundamental right to build the
house of their choosing.
TANYA BEMIS, 398 Dead Indian Memorial Road, is opposed to limiting house size. The restriction is not need based but fear
based - fear of change. This ordinance restricts freedoms beyond the bounds of moderation.
GEORGE KRAMER, 386 N. Laurel, said he has heard testimony that no one is building large houses. There is a trend in this
town. There is a current planning action, as described in a letter sent to every member in the Historic District, for a 4000
square foot footprint, two and one-half story house. That is a 10,000 square foot house. The average square footage of the
other houses in that neighborhood is 1800 square feet. If built, it would be the largest building by a factor of three of any house
built in the Historic District in Ashland. People can choose to move outside the Historic District to build a larger home. There
ASHLAND PLANNING COMMISSION
ASHLAND HISTORIC COMMISSION
JOINT STUDY SESSION
MINUTES
JUNE 24, 2003
is a need for this ordinance.
PAUL MENSCH, 451 North Main Street, said he is opposed to the ordinance. What are the real number of current properties that
become non-compliant? He owns a bed and breakfast and people come to Ashland to see plays not to see the Historic District.
SID DEBOER, 234 Vista Street, suggested if the ordinance is passed that they not consider any one-half story living area in
maximum permitted floor area. If people can put a couple of extra dormers in and get an extra 300 to 400 square feet, what
does it hurt? He does not see a need for a five foot building height reduction. He asked there be a way for people to connect
their garage and not have it count as living area. He believes Table I could be expanded. If the ordinance passes, he would ask
the restrictions be made as expansive as possible and create as little conflict as possible.
BILL STREET, 180 Meade Street, said the Historic Districts mean a lot to him, he supports the ordinance and he asked if we are
really interested in preserving them.
COMMISSIONERS' DISCUSSION
Chapman read about property rights from the Planning Commissioners' Journal. He also read from the Comprehensive Plan.
Dotterrer said in looking at the sample data, 11% of the homes are larger than the ordinance would allow. He compared an 800
square foot house and a 4000 square foot house and he thought the 4000 square foot house fit better into the neighborhood. It
was set back, had nice landscaping and looked newer. It did not appear that much larger.
Skibby said he wants a balance. He believes an ordinance is very important. Our Historic District is one of our assets. We do
not have a historic preservation ordinance and nothing to really protect the Historic District.
Krippaehne does not think there is a person in the room who does not believe in historic preservation. She has not seen a threat
of large houses. There is more a threat from demolition and remodeling and trying to create new houses that pretend to be old.
It is not her personal priority to pursue house size limitation.
Briggs gave examples of her own research and she discovered that the large houses she has visited all over the world are
generally on large acreage. Those who want to build a big house, need to put them on a big pieces of land.
Whitford agreed with Briggs. He is in agreement with the ordinance. As a homeowner in the Historic District, he would not
want someone building a huge house next to him.
Saladoff looked at the existing diversity of homes. Seventy-nine percent are less than 2500 square feet and only 9% are over
3000 square feet. Are there any loopholes? What are the limits on the expansions?
Hanson believes we have enough restrictions already and he does not see this as a problem.
IQ:ach echoed Skibby's remarks. The Historic District is deserving of protection.
Morris believes there should be some controls in the Historic District and would like to forward this ordinance to the Council.
He would like to see the CUP provisions reviewed.
Swales has stated his full support of this ordinance in the past and continues that support. It is one more piece to limit bulk and
scale. When people come to Ashland to see plays, Ashland's Historic District is part and parcel of that and that is why they
choose to stay at Mench's bed and breakfast, not Motel 6 in Medford.
Briggs read a letter from Martha Wilhelm. She mentions the value of smaller scale homes.
Swales said the idea should be that large historic homes should remain the significant homes and are not overwhelmed by new
houses that are built. Hanson wondered if the huge homes built today wouldn't be the historic homes in the future. Chapman
said the problem is no one is building small houses any more.
McLaughlin said most of the building in the Historic District will be redevelopment. The trend in other desirable communities
ASHLAND PLANNING COMMISSION
ASHLAND HISTORIC COMMISSION
JOINT STUDY SESSION
MINUTES
JUNE 24, 2003
is that smaller homes are being demolished and larger houses are being built. As homes are demolished and rebuilt, the areas
begin to lose their historic value.
Skibby said it is necessary to keep a certain percentage of historic homes in the Historic District to retain their status on the
National Register. With the demolition of houses and combining of lots, he is concerned we will lose the balance.
Shostrom believes it is really important to retain what we have. Under the current ordinance, someone could build a house that
is way out of scale with the neighborhood. That house will have an effect on all the houses in the neighborhood. The average
house in our Districts is 1800 square feet. Some of the lots in the Railroad District are 25 feet wide and need to be built at a
smaller human scale. That is what is unique about the Historic District.
Whitford said it is not only the scale of the house as it relates to the other houses, but the space around the house. This
ordinance is about preserving some green space around the house.
Chapman agreed with Shostrom's remarks. Ordinances speak about vision.
Shostrom said the Historic Commission review board members often see people who want to expand their attic space. It seems
obvious to raise the dormers on each side. By leaving dormers as an option, that opens up that whole level to be either a
second or third story and he would not go for that. It makes it too big. It is not a historic detail. If it has legal headroom, count
it.
McLaughlin said the Historic Commission would review the changes on August 6, 2003. The Planning Commission will
review it at their regular meeting on August 12, 2003. They will try to improve on the language based on tonight's discussion.
It will likely go to the City Council in September.
ADJOURNMENT - The meeting was adjourned at 9:00 p.m.
ASHLAND PLANNING COMMISSION
ASHLAND HISTORIC COMMISSION
JOINT STUDY SESSION
MINUTES
JUNE 24, 2003
ASHLAND AIRPORT COMMISSION
May 6, 2003
MINUTES
MEMBERS PRESENT:
STAFF:
MEMBERS ABSENT:
CHAIRMAN PAUL ROSTYKUS, LINCOLN ZEVE, ALAN DEBOER, RICHARD
HENDRICKSON, WILLIAM SKILLMAN, BRENT THOMPSON, CLAUDIA
STOCKWELL, BRITTANY WISE
PAULA BROWN, DAWN LAMB
SCOT DOUGLAS, ANN SKY, BOB SKINNER, FBO
1. CALL TO ORDER: 10:00 AM
APPROVAL OF MINUTES: April 1 ~ minutes were approved with changes
3. OLD BUSINESS:
A. Superunicom Update
Still pending the FAA approvals. Skinner will inform staff and commission when this
happens.
Bo
Self-Fueling Update
Skinner forwarded three quotes for the installation of the cardlock to staff. Acetank
Equipment bid $9,795.80; Pacific Electrical Contractors, $3,225.00; and Valley Electric,
$2,140.00. Staff will contract with Valley Electric for the work as they are the lowest
bidder. Coordination for work will be done through Skinner Aviation. The install should
not take more than a few days and we are hoping to have the work complete prior to
airport day, but definitely will be in operation before summer tourist season.
Action: Staff will coordinate with Skinner on the dates for work and report back to
commission.
Co
Web Cam
Staff is waiting for input from Don Fitch on the camera choice.
Action: Staff will contact Fitch if no word prior to the next meeting, if receive information
from Fitch, staff will purchase the camera and have it installed.
D~
2003 Pavement Maintenance Program (PMP)
Staff anticipates work to begin in the heat of summer, probably August. Staff will work
with contractor and Skinner to coordinate work times.
Eo
Master Plan Report
Airport Commission members have discussed ways to reduce costs and potentially
simplify the Airport Master Plon / Loyout Plan document. Brown spoke with Gory
Viedorfer, Senior Planner with the Oregon Depodment of Aviotion on April 2 l't and this
summarizes the conversotion.
C:\WINDOWS\TEMP\May 6 03.doc i
1. Ashland has signed the intergovernmental agreement with the ODA, which went to
council on December 18th 2002.
The City is expected to provide 10% match - in this case the project is $45,000 and
the City is expected to pay $4500 [less than originally anticipated $60-70,000]
$45,000 to do a Master Plan update is very reasonable. Brown estimated the City's
share of $4,500 would have been spent just on staff time to develop and advertise the
RFP. Once a contractor is tentatively selected, they must be approved by ODA/FAA.
Then, once the plan is completed, ODA and FAA must approve it. Using the ODA
process, we are ahead on the approvals.
4. This is a pass-through grant from FEDERAL FAA funds and does not have any impact
on the State's budget. The grant is for Planning funding only- NOT construction. If
we do not use it on our airport, the state will pass the funds to another airport.
5. A 10-year old plan is outdated from the State and FAA's view. They would like plans
updated every 5-10 years (our plan is now 11 years old and probably using 1990
data). Using old statistical projections does not help move small airports ahead and
keep the perspective tight. From ODA's perspective -old plans need to be updated -
period.
6. Although the Airport Commission will be very helpful in reviewing and shaping the
master plan, they are not professionally qualified to develop the plan and correctly
identify all of the metrics and statistics that are necessary for the Airport Master Plan.
Our professional consultants have that ability and are in tune with the requirements
for small airports and how Ashland relates to Medford and other surrounding
airports, freight, and other impacts. The plan is to kick this off in July 2003.
Brown anticipates that David Evans and Associates will be given the contract from ODA.
They are very familiar with aviation master plans. There will be meetings scheduled for
the Airport Commission, staff and the selected engineering firm to discuss goals and
future direction of the airport. Preliminary work will begin in late summer, early fall.
o
o
o
NEW BUSINESS:
A. Fee and Rates Updates
Rostykus reminded staff that it was time for the annual increases. Brown had looked and
remembered the increase being about 2%. Commission had increased the tie-downs
significantly in the past couple years. Skillman motioned to raise the open and closed T-
hangar rates by $5.00 making the costs $1 70.00 for a closed hangar and $145.00 for a
open hangar. Seconded by Hendrickson and passed unanimously. Commission agreed
to applying the CPI to the freight handlers fee also. Staff will forward the new rates to the
FBO.
Be
Sky Mapping Request
Rostykus asked staff to prepare a map showing the newly proposed roads to help the
commission see the goal of the vehicular accesses on the field. Staff will continue to
develop this map for inclusion in discussions with the Master Plan updates.
Brown showed the engineering plans for the road that will extend behind the FBO office
to the Sky Research hangar. The road will be 14 feet wide and alley quality. The cost will
be split with Sky who has agreed to pay for materials and City crews who will do the
construction. The road costs will be about $10-12,000 to build. Sky will cover the
approximately $5,000 of material costs. This estimate is early and these costs could be
high or Iow at this stage. Work will be done once the weather breaks and will take two
to three weeks to complete. Commission asked if some of the cost could be reimbursed
C:\WINDOWS\TEMP\May 6 03.doc 2
by the FBO when/if they construct their second hangar. Brown said that would be a
negotiating point during the construction. The funds will be allocated from the Central
Services account. The cost would be greater if we were to go to bid for the work.
Co
T-Hangar Construction Proposal
Commission is anxious to begin work on the proposal for the new T-hangars. Brown
needs the opportunity to meet with the Finance Director to consider numbers. If the City
owns the hangars there would be more income for the City, if the City builds the hangars
there will be a higher labor cost because Federal wage rates will apply. If privately
funded it would be a slower turn around on profit. Brown will bring back a report at the
July meeting. The project could take 8-9 months to complete for construction.
o
AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport, Financial Report, Review of Safety Reports
Skinner was absent at the meeting but weeding has been accomplished when the weather
permitted and the street crew has been notified to sweep prior to airport day. Signage has been
added as part of the AOPA efforts. Hendrickson has been working to get the new security
signage in. Thanks Richard.
Commission discussed adding a stop sign at the entrance to the T-hangar taxiway. If placed in
the landscaping the height would not be a problem for airplane wings, but just in case it could be
painted on the ground. Commission liked the stop sign better than the painted version. Brown
will follow up with Street crew.
.
OTHER:
A. Airport Appreciation Day
Clark Hamilton is organized for this year's event. Hope to see everyone there. Flyers
were passed out to post around town.
9. NEXT MEETING DATE: July 1, 10:00 AM
ADJOURN
Meeting adjourned at 11:30 AM
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Ashland Traffic Safety Commission
Minutes
Mem~m Present:
William 5nell, Doris Mannion, George Fardlemann, Keith Massie, Ter~ Doyle, David Chapman, Para Hammond,
John ~ordson, ~a~i Busse, Coreg Vankandin~ham
$~ff ~m~ont: Jim Olson, Dawn ~mb, Officer Tom Cook
I.
II.
III.
CALL TO ORDER
APPROVAL OF MINUTES: April 24, Minutes approved with changes.
ITEMS FOR DISCUSSION:
A. PUBLIC FORUM ITEMS: None
B. REVIEW OF TRAFFIC REQUESTS / PROJECTS PENDING/ACTION REQUIRED
1, NORTH MOUNTAIN AVENUE BIKE LANES
At April's meeting the subject of bikelanes on N. Mountain Avenue was introduced. Since establishing
bikelanes eliminates at least some on-street parking it was decided that staff send notices to all
property owners on the street informing them of this possible action.
Notices to all owners on both sides of N. Mountain Avenue between E. Main Street and North Mountain
Park were mailed on April 25, 2003. As of May 15m only one response has been received.
Promoting bicycle and pedestrian traffic on public streets is advocated by the City Council as well as by
many citizen committees and by City staff. New developments are required to provide sidewalks,
pedestrian paths and even bikeways where conditions allow.
The City's Transportation System Plan proposes that bikelanes be installed along the entire length of N.
Mountain Avenue. The need and desire for bikelanes along this street is fairly well established. The
only remaining problem is how to implement this plan.
Staff recommends that bikelanes be established on N. Mountain Avenue, north of E. Main Street by
prohibiting parking on the east side of the street and delineating the following lane configuration on
the street:
From east to west:
5' Bikelane; 9.5' Travel Lane; 9.5' 'Travel Lane; 5' Bike Lane; 7' Parking Lane = 36' Total
Discussion:
Olson reiterated that the additional bicycle and pedestrian generators in this area need to be
considered as a part of this decision. The east side would be safer for the bike route because of the
downhill travel. If a bicyclist is traveling at a faster speed it is better to have no impediments like
opening car doors. The intersection of E. Main and Mountain will also be contentious due to the turn
lane configuration, staff intends on rerouting the bicycle traffic onto the sidewalk at this intersection
since there is no room for the bike lane. The Jewish Temple generates a parking crowd, but during a
recent remodel they included more off-street parking in the rear of their building. They were notified
and no response was received. Doyle noticed that the parking was not extremely heavy in this area
and that most residences do have adequate off-street parking. Doyle questioned the width of the bike
lanes, could they be narrowed to 4 feet. Statutes require the width as 5 feet or wider. If one bikelane
is created, then there must be a physical separation of the vehicular traffic and the bicycles.
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Staff only received three comments in response to the mailings and most were only concerned with
parking for Grizzly games and the Temple. Morrison is in support of the bike lanes, but hates to lose
parking, but it does seem most have off-street parking in this area. Morrison also commented that he
would hate to see another incident like the Walker Avenue decision which had to be redone. What if
this happens here. Olson commented that this would be more difficult to revise or remove. Olson
requested that Commission support limiting parking at the crest of the hill on N. Mountain. The
visibility is tough and it would improve safety. Vanlandingham requested that the intersection of
Hersey and Mountain handles a lot of reckless driving. Olson intends to limit parking on each leg of
this intersection for extra width and visibility.
Bob Alteras, 222 N. Mountain, supports recommendation and is a bicycle rider on this street and sees
very little parking on the street.
Decision:
Snell moved to accept staff recommendation of adding bikelanes on North Mountain Avenue north of E.
Main Street prohibiting parking on the east side and also deleting parking at the top of the crest per
staff verbal recommendation. Seconded by Morrison, passed unanimously.
2. BUS LOADING ZONES FOR LINCOLN SCHOOL
The Ashland School District Transportation office requested a school bus loading zone be established
on Beach Street for Lincoln School.
With Briscoe Elementary School closing, schools within the district will be assimilating student
population. Lincoln School (if it survives further budget cuts) will receive some students which will be
delivered by bus.
Lincoln School is located on the east side of Beach Street midway between Siskiyou Boulevard and
Henry Street. Currently two crosswalks exist, one located at the Larkin Way intersection and one
between two driveways. The area between the south curb and the south driveway is painted yellow
indicating no parking which is often disregarded. The area between the two crosswalks is about 75
feet with a 60 foot zone of white curb signed for authorized parking only or 15 feet of no parking.
Carol Savage, Director of Transportation, expressed a desire for locating the new bus loading zone just
south of the south driveway. This area is currently for unlimited parking. Because of the proximity to
the SOU campus, parking is congested making staff reluctant to remove further parking.
Staff recommends a 50 foot bus loading zone be established north of the south driveway. Although
this is not her first choice, Ms. Savage stated this would be acceptable.
Discussion:
Chapman and Olson did note that the crosswalks are in peculiar places. They lead to the entrances of
the school but one connects at a driveway and the other connects to the middle of the Larkin Lane
intersection. Chapman would like to see the northern crosswalk obliterated and the bus zone
designated where that crosswalk exists now. Chapman also depicted a loading zone for parents and a
more stringent no parking area. Olson would like to do more research on the history of these
crosswalks and ask the school's opinion on Chapman's suggestions. Some of the disregard for the no
parking by the parents may be an ill-effect of the Siskiyou Boulevard reconstruction. This may be
lessened when parents can once again use the Siskiyou entrance. The western parking lot is the
handicap access for the school.
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Decision:
Chapman motioned to not accept staff recommendation, but instead to give staff permission to discuss
options presented in his proposal including crosswalk obliteration, loading zone and stricter
enforcement of the no parking areas. Seconded by Mannion and passed unanimously.
3. SIDEWALK INVENTORY
Doyle and Mannion's suggestions were both added to the inventory list. Staff and Massie will continue
to go over the list.
4. PEDICAB PROPOSAL
Dylan Robbins and Edward Rogers have submitted a proposal for a pedicab operation. Staff and the
Bike and Pedestrian commission have reviewed this application. Comments from the Bike and Ped
Commission will be forwarded to Administration and the Council for consideration. 'They are supportive
of the proposal as it will enhance and implement an alternative mode of transportation. The Traffic
Safety Commission needs to consider the effects on traffic safety this operation will present.
This is a new business to Ashland. The ordinance for special vehicles and taxis will need to be
reworded by the City Attorney if this request is accepted by City Council.
Discussion:
Dylan Robbins addressed the Commission. Robbins explained that the vehicles are no wider than a
bicycle with a child trailer attached. They seat two adults, have a 21 gear assembly, working brakes,
running lights, brake lights and headlights. A specification of the pedicab was distributed to the
commission for their review. These vehicles have operated in Austin, Texas where Robbins worked
with one of the four companies there. An insurance company has been secured and the vehicle has
yet to be ordered. Robbins and Rogers are waiting for acceptance by the City to operate first. Pick up
and dropping off of passengers would either happen at a vacant at curb parking space or off to the
side of the street. The speed of the vehicle would be determined by the weight of the customers and
the grade of the street. The vehicle can be geared down to accommodate extra weight, but on
average the vehicle will be able to travel with the flow of traffic fairly easily.
Robbin is not sure of the areas the pedicabs will operate in. He would like to have time to see what
areas are a physical hindrance, which will be the most profitable, times that seem busiest. He is also
considering traveling on the bikepath. All passengers will pay by tip, there will be no set fee or amount
for distance charged. Morrison asked if the pedicab has room for advertising and if that is considered
to have the Planning Department review the signs per the ordinance. Mannion asked if there were
other ways to make the pedicab more visible. Robbin felt that a flag could be attached, but the
triangular warning on the back and lighting seems sufficient, he will consider the flag. Snell asked how
many accidents the pedicabs has been involved in. Robbins knew of none in the Austin area and there
were sometimes up to thirty pedicabs operating. Massie asked if there was a policy about the lighting.
Locals will get used to seeing the pedicabs and they will expect to see the brake lights, could a
condition be put in the ordinance that if any of the lighting fails during the night, the pedicab is to
cease operation and if the brake lights fail during daylight hours the pedicab has to stop operating.
Doyle asked if operating in inclement weather was ever considered. Robbins has found that people
don't like to ride in the wet weather.
Decision:
Commission would like their specific concerns about lighting, parking for loading and unloading of
passengers. Staff will bring back the draft ordinance for review when it is ready.
C. Follow-Up On Previous Actions:
Massie asked Olson for a report on the welcome signs, Olson is still coordinating with ODOT but should
have them made before the end of .luly.
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D.
E.
Fi
Si
Goals: Massie suggests that the commission consider doing another retreat in the Fall or
Winter.
Traffic Safety Education
1. Report on Transportation Safety Action Plan Meeting from May 7, 2003 Grants Pass. ODOT
is further supplementing their 25 year plan and is holding meetings to re-prioritize issues of
concern. Results of their meetings will be posted on their webs,re.
2. Accessible Intersection Design, June 4t", 2003, OSU
3. Site Circulation Planning Design, June 3r~, 2003, OSU
Development Review
1. Bike &Ped Commission Report
2. Planning Commission Agendas- Billings Ranch Subdivision groundbreaking is scheduled for
May 29th. Development will be accessing onto Nevada increasing traffic. Sidewalks will be
added to Laurel and Randy Streets.
3. Hearings Board Agenda
Capital Projects Update
Other
:1. Utility Billing Insert
2. Miscellaneous Communication-
Additional Items
1. Tolman Creek Road - during widening will it be possible to add bikelanes from Albertsons
down both sides? Olson has scheduled this work for later in the summer.
.
Siskiyou and 8t" Street - The Siskiyou project has hit a snafu. The signal poles for the
traffic lights have yet to be approved by ODOT and this could delay the project work until
after the 4~ of July. Staff is still anticipating completion in November/December timeframe.
Fardlemann asked if the lanes will be open during the work stoppage. Staff expects yes
depending on safety conditions.
3. 8~ Street east side is is now under construction for the installation of sidewalks.
4. Pedestrian Safety Project - waiting for funding from ODOT, maybe be eligible for a grant,
but ODOT has not decided whether or not to approve the inlaid lighted crosswalk.
5. Banner for 4~ - Fardlemann would like to do a traMc safety banner for the July 4w parade.
]:f anyone interested, get with Fardlemann.
IV. Adjourned 8:50 PM
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Bicycle and Pedestrian Commission
MAY 15th, 2003
Regular Meeting Minutes
Roll Call
Chapman, Nutter, Baxter, and Catron were present. Hartzell arrived late.
Call to Order
Chapman called the meeting to order at 5:08 p.m.
Approval of Minutes
The minutes of April 17th, 2003 were approved as presented. Voice vote: All AYES. Motion passed
Public Forum
None.
Bike Swap
Chapman reported that former commissioner Lexi Rewcastle had agreed to manage the Bike Swap. Rewcastle added that the date
selected is May 31st at the Grove, 1145 East Main Street and asked whether all members could attend and bring 2 or 3 friends each.
Catron stated that he needed to check on the availability of senior police volunteers. Catron stated that he would contact Rewcastle by
Friday evening about the availability of volunteers. It was noted that volunteers were needed from 11:30 a.m. to 5:30 p.m. There was
discussion the money needed for advertising.
Chapman/Nutter m/s to give the Bike Swap $250. Voice vote: All AYES. Motion passed.
Proposal for the Operation of a Bicycle Taxi Service (PediCab Bicycle Taxi Service/Dylan Robbins & Edward
Rodgers)
Robbins explained that they were proposing to mn a bicycle taxi service in Ashland. He discussed the city municipal code
requirements to operate under a special vehicle permit, and hindrances that prohibit soliciting rides or delivering passengers to a point
other than to their point of origin, in addition to restricted travel on certain streets, and he clarified that special vehicles were things
like horse drawn carriages and pedicabs. Baxter noted that the special permit had meant that the horse drawn carriage had to start at
the plaza, do a loop through the park, and return to the plaza. Robbins noted that they were proposing to shuttle tourists to and from
the downtown and travelers accommodations, and to A Street Marketplace.
Catron asked about the proposed route, and it was explained that the proposed route would encompass A Street to the Minute Market
and to SOU. Catron questioned the timing of service and days of operation, and it was noted that Robbins and Rodgers were still
determining what would work best. They clarified that the service would probably operate only during the summer months, May
through September. It was noted that they would prefer to operate more like a taxi service, but this is prohibited under the municipal
code.
Robbins described the vehicle to be used and noted that he had operated a similar service in Austin. He noted that the fees typically
involve the driver working for tips, and added that the sign would state driver works for tips or $50 per hour. Robbins added that the
business would be insured, and he pointed out that several companies provide the necessary insurance.
Robbins discussed changes he would like to see in the municipal code to address the operation of pedicabs, and noted that he had
discussed these changes with the City Attorney and City Administrator and provided samples of other cities' codes relative to
pedicabs.
Chapman inquired about Robbins' experience operating in Austin, and Robbins stated that it was set up when he arrived. He noted
that the drivers were required to get a chauffeur's license, and drivers could take pedicabs on roads that were closed to motor vehicles.
Nutter questioned if these cabs could travel in a bike lane, and Robbins stated that they did.
Hartzell expressed concern that A Street is already extremely congested, and the city receives frequent complaints of drivers taking off
mirrors when passing each other. Chapman suggested that even though on a bike, it was appropriate to take a lane there. Nutter
agreed, and stated that it might be good to slow traffic.
2003-0515 Bike Min.doc Page lof2
Hartzell asked if the cabs had electric motors to help on hills. Robbins responded that there are power-assist models available but they
are not proposing to use them. Robbins explained that the models he had in mind were geared lower for hills.
Chapman asked what travel speeds were likely to be, and explained that the Traffic Safety Commission will want to know this in
determining whether the cabs are a potential impediment to traffic. Robbins recognize the need to balance being a traffic calming
agent versus being an impediment, and he emphasized that he didn't not want to impede traffic.
There was discussion of the potential need for certification and training, and members suggested that there must be an Oregon
chauffeur's license that would be comparable to what was required in Austin.
Members discussed concerns with traffic levels on A Street. Nutter noted that a pedicab takes up considerable less room than a car.
Harris added that motor vehicles are not restricted from using A Street due to congestion, and she pointed out that city plans and
policies call for multimodal equity.
Nutter/Catron m/s to support the pedicab proposal and direct staff to draft a letter to the City Council and Traffic Safety
Commission highlighting the key points of the discussion. Discussion: Robbins stated that he welcomed any input from
members prior to his appearance at the next Traffic Safety Commission meeting. Hartzell asked that the staff letter mention
the discussion of A Street traffic concerns. Chapman noted that there should be no time restriction on the pedicab operation
as they would need to find out what works, and there was discussion of whether it was equitable to restrict taxis. It was noted
that promoting this service would reduce automobile traffic. Use of the Central Ashland Bike Path was also discussed. It was
pointed out that the issue of certifying drivers would have to be dealt with. There was discussion of other pedicab companies
operating, and Robbins noted that his strength was that he has done this before. He emphasized that if he could maneuver in
Austin traffic, Ashland traffic should be no problem. Members discussed the need to consider A Street and being equitable to
multimodal transportation, and of the issues around stopping and unloading passengers along A Street. It was suggested that
there should be no time restriction, or location or area restrictions in the name of modal equity. Voice vote: All AYES.
Motion passed.
Bike Lanes on North Mountain Avenue
Nutter stated that bike lanes on North Mountain were a good idea. Baxter stated that he bikes on North Mountain every day, and that
he is struck by how little parking is used on North Mountain outside of events at the temple. Hartzell suggested looking at parking
solutions along Mountain near North Mountain Park. Chapman emphasized that bikes should not be displaced. He added that the
greenway will be extended to this park and it will see an increase in bike traffic.
Baxter/Catron m/s to direct staff to draft a letter to the Traffic Safety Commission expressing this commission's support of
bike lanes on North Mountain Avenue. Voice vote: All AYES. Motion passed.
Crosswalk Enforcement
It was noted that the first action resulted in sixteen stops, with eight violations and eight warnings. Catron stated that drivers should
be triple freed. Members were informed of the next action, to be held at 2:00 p.m. on Thursday, May 22"a. Baxter suggested that it be
held along Ashland Street, either near Key Bank or at the Normal Street intersection.
Agenda Items for Next Meetin_~ _
Adjournment
There being no further business, the meeting was adjourned at 7:'00 P.M.
Next Meetinq
5:00 p.m. on June 19th, 2003
2003-0515._Bike Min. doc Page 2of2
CITY OF
SHLAND
ASHLAND HISTORIC COMMISSION
Minutes
July 2, 2003
CALL TO ORDER
At 7:05 p.m., Chairperson Dale Shostrom called the meeting to order in the Sis. kiyou Room, located in the
Community Development/Engineering Services Building at 51 Winburn Way. In addition to Shostrom, members
present were Terry Skibby, Alex Krach, Jay Leighton, Tom Giordano, Joanne Kdppaehne, Rob Saladoff and Sam
Whitford. Also present were Associate Planner Mark Knox, Council Liaison John Morrison and Secretary Sonja
Akerman. Member Keith Chambers was unable to attend.
APPROVAL OF MINUTES
The minutes of the May 7, 2003 were approved as submitted by general consensus. (The June 4, 2003 meeting
was cancelled.)
PUBLIC HEARING
Planning Action 2003-074
Conditional Use Permit
253 Almond Street
Judy Patterson
Knox reported this application is being requested to allow for the expansion of an existing non-conforming garage.
Because the proposed expansion is in the area of non-conformance, it is subject to a planning action. The garage
will be increased by 2¼ feet toward Almond Street and 2 feet toward the house. Medinger Construction,
representing the applicant, has been to the Review Board for comments. Staff sees no effect on the histodc integrity
of the property so approval is recommended.
Shostrom opened the public hearing.
Leighton asked if the rock wall would have to be moved and owner Judy Patterson responded it would. A short
section of the wall will need to be removed in order to maintain the new line of the garage. After discussing this,
the Commission agreed it would like to see the rock portion rebuilt.
Giordano moved to recommend approval of this proposal with a strong suggestion that the rock portion of the
retaining wall be relocated adjacent to where it is currently situated. Leighton amended the motion to include the
new concrete wall portion match the existing concrete portion in texture and color. Kdppaehne seconded the motion
and amendment. The motion, as amended, was unanimously approved.
Planning Action 2003-068
Conditional Use Permit
"Skating Rink" parking lot on Winburn Way
Janet Boucher
This application, Knox explained, is being requested in order for the Lithia Farmers Market to operate 40 booths
in the Winbum Way/Nutley Street parking lot on Tuesday mornings from 7:30 a.m. to 1:30 p.m. (which includes set
up and break down times). In addition to the 26 spaces in the lot, he stated the applicant also requests that the
vendors be permitted to use 20 parking spaces on Winbum Way dudng this time. The Market plans to operate on
Tuesday mornings from April to October. Staff does not feel there is a parking impact relating to the rink in the
winter, however, the area is much busier in the summer. Staff also thinks there will be a positive impact in bdnging
Ashland Historic Commission Minutes
July 2, 2003
CiTY OF
SHLAND
the Market back to the Downtown area. Knox stated that while there are issues that need to be resolved, they relate
more to the Planning Commission than the Historic Commission. Since most of the concerns being voiced are in
regard to the loss of parking, Staff is looking at moving the vendor parking towards the Upper Duck Pond area.
Knox noted the Parks Commission approved this application pending Planning Commission approval.
Shostrom opened the public hearing.
Whitford asked if the reserved 20 parking spaces on Winburn Way would be for the vendors or the customers.
Applicant Janet Boucher explained half of the vendors would be able to sell out of their vehicles in the parking lot;
the rest would need a place to park.
Whitford moved to recommend the Planning Commission approve this application and Leighton seconded the
motion, which passed with a unanimous vote. The Commission agreed it would be good to have the Market back
Downtown.
OLD BUSINESS
Review Board - Following is the July schedule for the Review Board, which meets every Thursday from 3:00 to
at least 3:30 p.m. in the Planning Department:
July 3r~
July 10th
July 17th
July 24th
July 31s~
Skibby, Krippaehne and Giordano
Skibby, Giordano and Whitford
Skibby and Saladoff
Skibby, Krach and Shostrom
Skibby, Leighton and Whitford
Project Assiqnments for Planninq Actions
PA #2000-120 485 "A" Street (Steve Hoxmeier) Shostrom
PA #2002-075 SE Corner of "A" & Pioneer Streets (Alan Sandier) Saladoff
PA #2002-094 340 Oak Street ("A" Street Marketplace) Saladoff
PA #2002-100 142 East Main Street (Earthly Goods) Leighton
PA #2002-125 44 North Second Street (Trinity Episcopal Church) Skibby
PA #2002-127 NW Corner North Main & Maple Streets Intersection (ACHF) Kdppaehne
PA #2003-005 35 S. Second Street (Winchester Inn) Kdppaehne
PA #2003-035 665 East Main Street (Kirk McAIlister) Shostrom
PA #2003-045 230/232 VanNess Avenue (Sedn Eggling/Sherri Morgan) Leighton
PA #2003-074 253 Almond Street (Judy Patterson) Whitford
National Historic Preservation Week (May 5-12)- In discussing the events, the Commission felt that overall, they
were successful. There was a good response to all the tours and there was a good tumout for the award ceremony.
It wouldn't hurt, however, to get an earlier start on the preparation for next year's events.
Camegie Library Restoration - Skibby stated that although it was not officially announced, he heard Mayor DeBoer
would like to formally close the library project, then proceed with finishing the fascia and cornice work under a
different contract. Morrison will talk with DeBoer about this.
House Size Limitation in the Historic Districts - Knox discussed the Study Session the Historic Commission had
with the Planning Commission on June 24. He noted that of all the letters coming in, at least 60% of the people are
wdting in support of the limitation. It is difficult to say what the remaining 40% are opposing - some people don't
like change and some are just against any type of regulation. Since staff recognizes the need to have a mechanism
to allow for some expansion, it is felt a Conditional Use Permit (CUP) would encompass the need. Knox said he
Ashland Historic Commission Minutes
July 2, 2003
CiTY OF
SHLAND
anticipates there will be a public hearing before the Histodc and Planning Commissions in August, so it should go
to the City Council in September.
Saladoff stated more specifics should accompany the information about the limitation. People will also want to know
on what basis they can apply for a CUP so new and future owners will not be penalized. Knox related the ordinance
does not affect zoning unless the size goes over the mass and scale. He also stressed it is not a preservation
ordinance. It will control mass and scale to a certain extent, but it is very flexible. There seems to be quite a bit of
misunderstanding dght now about the ordinance. In general, Knox said it will do what it is designed to do. Saladoff
added it should also be clear what counts for square footage. He then noted the oppo'nignts to the ordinance talked
about trends over time, with the belief that what is built now would be significant in 50 years. Knox declared,
however, that we could run out of historic resources.
Morrison informed the Commission that he is on record of supporting the ordinance and that of all the mail/e-mail
he has received on this, 75% is running in favor of adoption. There are two factors to note - the philosophical
aspect and the fear of the unknown. He explained that in order to make people understand the ordinance, they will
need to see concrete examples. The ordinance will provide a pathway to follow in the future. Mordson feels the City
is moving in the right direction with this.
NEW BUSINESS:
Pathways in Historic Cemeteries - E-mail received from Madene Pean concerning pathways worn across the
graves was discussed. While some of the members do not feel these pathways are disrespectful, Leighton said
Southern Oregon Historical Society (SOHS) has a publication regarding etiquette in cemeteries- basically, there
are five rules. She will bdng copies next month. She explained each gravesite is pdvate property and when you walk
on a grave, in effect, you are trespassing. Leighton acknowledged there is a need for more cemetery tours (not just
during National Historic Preservation Week) as opportunities to get to know who is buried in them and to honor
those who have passed. Knox also stated that in 2001, Kay Atwood completed the Ashland Historic Cemeteries
Preservation Plan and it is now being used for cemetery maintenance.
ITEMS NOT ON AGENDA:
Krach handed out a list of educational opportunities the National Trust for Historic Preservation provides for
commission and community members. He said he hopes Historic Commission members will take advantage of
some of the conferences, workshops and training. He informed the Commission that he had been to the last three
conferences and found them very worthwhile and inspiring. In 2005, the National Preservation Conference will be
in Portland, Oregon and Knox encouraged all members to attend. He explained that Krach has applied for financial
support to attend this year's conference in Denver. He also related the Commission has a budget that is
supplemented through the State Historic Preservation Office for education and travel of Commission members.
After discussing available money, Giordano moved and Kdppaehne seconded to allocate $300 to Krach to help
pay for the Denver conference. The motion passed with a unanimous vote.
Skibby asked for a progress report on attaining National Register status for the Lithia Springs property. Knox
responded the SOU intern was not able to work on it. He would, however, like to use some of this year's budget
to hire someone to do the research. Skibby asked that it remain on the agenda.
Knox declared it is time to set a date for the annual goal setting/orientation meeting. In discussing this, it was
decided to separate the two and have an orientation meeting on Wednesday, September 17 beginning at 5:00 p.m.
On Saturday, October 18 from 9:00 a.m. to noon, the CommisSion will meet to talk about goals and tour project sites
within the Historic Districts. Shostrom is hopeful there will be time for in depth discussions on subjects such as
design.
Ashland Historic Commission Minutes
July 2, 2003_
CiTY OF
-ASHLAND
ANNOUNCEMENTS
Election of officers will be on the August 6th agenda. Officers include Chair, Vice Chair, Planning Commission
Liaison and City Council Liaison.
Topics for potential goals will be on the September 3r~ agenda.
Project sites to visit on October 18th will be on the October 8~h agenda.
A reminder- Chambers' will be taking the sabbatical he had scheduled for last year starting September 1st. He will
be out of the country for ten months. Mayor DeBoer approved his leave of absence (which was delayed for one
year) from the Historic Commission in 2002.
ADJOURNMENT
It was the unanimous decision of the Commission to adjourn the meeting at 8:50 p.m.
Ashland Historic Commission Minutes
July 2, 2003-
Office of the Mayor
Alan ~. DeBoer
MEMORANDUM
DATE:
TO:
FROM:
July 9, 2003
City Council Members
Mayor Alan DeBoer ~
Appointment to Conservation Commission
July 15, 2003 Council Meeting
This will confirm my appointment of Ross Finney to the Tree Commission for a term to
expire April 30, 2005. The vacancy was created when Darcy Cronin resigned her seat
from the Conservation Commission June 25, 2003.
Attached is a copy of Ross Finney's application, and a copy of the advertisement as it
appeared in the Daily Tidings. The vacancy was also advertised on the City's Web site,
and on the notice board in City Hall.
Attachments
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 ° Fax: (541) 488-5311 ° Email: awdb@aol.com
The City of Ashland has a vacancy on the CONSERVATION
COMMISSION for a term to expire Apdl 30, 2005. The Conservation
Commission typically meets on the 4th Wednesday of each month at
7:00 p.m. If you are interested in being considered for a volunteer posi-
tion on the Conservation Commission, please submit your request in
writing, with a copy of your resume (if available) to the City Recorder's
office. Additional information regarding this position can be obtained
from the office of the City Recorder or the City's Web site at www.
ashland.or.us.
APPLY TO: The City Recorder, City Hall, 20 East Main St., Ashland.
APPLY BY: Monday, June 23, 2003
CITY OF
-ASHLAND
Please publish:
Tidings - Saturday, June 7 and Wednesday, June 11
Revels - Thursday, June 12
Please refer to Purchase Order No.: 59571
Questions: Call Fran at 488-6002
June 18, 2003
225 Ohio Street
Ashland, OR 97520
The City of Ashland
City Recorder's Office
20 E. Main Street
Ashland, OR 97520
To Whom It May Concern:
I am submitting the attached resume for consideration to fill the vacancy on the Ashland
Conservation Commission. I feel my professional work experience, educational
background, and knowledge of conservation issues fit well with the powers, duties, and
responsibilities of the Commission.
Over the past five years, I have had the opportunity to work closely with representatives
from the Conservation Commission and City conservation staff while coordinating
development of the Ashland Green Business Program. I believe my efforts have been
well received.and appreciated. In addition to my experience encouraging recycling and
energy/water conservation through the Green Business Program, I have extensive work
experience promoting renewable energy here in southern Oregon.
As an Ashland resident, and homeowner, I have a strong interest in seeing the City
continue to effectively promote resource conservation and efficiency. Service on the
Conservation Commission represents an excellent opportunity to apply my past
experience' towards fulfilling that interest.
Thank you for your consideration.
Sincerely,
Ross Finney
Ross Finney
225 Ohio Street
Ashland, Oregon 97520
541.488.1391 (day) 541.552.1469 (eve)
S2~mind.net
Professional Experience
Sustainable Solutions
Owner, Business and Community Sustainability Consulting Firm
Client List and Examples of Services Performed:
2000 - Present
Rogue Valley Civic League, Project Coordinator, "Southern Oregon Quality of Life Index".
Develop a report of 40 sustainability indicators for Jackson and Josephine Counties. First
publication released January 31, 2001. Second edition scheduled for release in jUne 2003.
Project activities included coordination with Oregon Department of Environmental Quality
representatives on the development of air and water quality indicators utilizing DEQ data
sets. On-going administrative and project coordination services include program
coordination, fund development, and membership tracking.
Ashland Conservation Commission, Ashland Green Business Program, Pilot Project
Coordinator. Develop a business outreach and incentive program designed to encourage
energy and water conservation, pollution prevention, and solid waste reduction in the
commercial sector. Program adopted by the Ashland City Council, November 2000.
Recruited six pilot business participants and five additional businesses. Issue press releases
resulting in numerous articles in local newspapers.
Jackson County Recycling Parmership, Jackson County SMART Business Program (Saving
Money and Resource Together), Project Coordinator. Coordinate an expansion 'of the
Ashland Green Business Program, funded by a grant from the Oregon. Department of
Environmental Quality. Assist business owners to complete energy, .water, solid waste and
pollution audits on their facilities: Prepare cost benefit analysis on identified actions and
assist business owners to obtain rebates and tax credits. Develop a program logo, brochure,
and website.
Renewable Northwest Project, Southern Oregon Outreach Coordinator. Market and
promote renewable energy purchase options to business and residential Pacific Power utility
customers in southern Oregon. Call on prospective business owners to encourage
participation. Develop and deliver presentations and articles to educate southern Oregon
residents about the environmental benefits and purchase options for renewable power.
Crater Lake Company. Assist Operations Manager with interpretation and implementation
of recommendations from a National Park Service environmental impact audit. Research
local suppliers of conservation materials and services based on audit recommendations.
Kinesis, Inc./Karen Carnival & Associates, Contract Grant Writer. Development of
numerous, successful grant proposals and contract applications to foundation, state, and
federal sources for clients including Providence Medford Medical Center and Rogue
Community College.
Ross Finney
Professional Experience - continued
Resource Assistance for Rural Environments (RARE) 1999 - 2000
Indicator Project Coordinator - AmeriCore placement with the Rogue Valley Civic League
· Planning and coordination of a project "kick-off" event including invitation design and
distribution, agenda and speaker development, and writing and distribution of press releases.
· Facilitation of multiple working group meetings involving over 100 community participants
resulting in the identification of regional quality of life issues and data sets.
· Grant writing for funding to support project activities - successful grants totaling over
$30,000 written to the Carpenter Foundation, Jackson County, and the Oregon Department
of Economic and Community Development.
· Planning and implementation of an annual membership drive resulting in a 40% increase in
membership over previous program year.
· Website - maintenance and updates using Microsoft FrontPage software.
· Newsletter - writing, design, distribution utilizing Microsoft Publisher software.
Southern Oregon Regional Services Institute (SORSl) 1998 - 1999
Graduate Assistant - Ashland, Oregon
· Assist the director of a public service department at Southern Oregon University to provide
public access to demographic, economic and other social statistics for southwestern Oregon.
· Collect and analyze regional data from sources including state and federal agencies including
the Oregon Health Division, Oregon Department of Environmental Quality, U.S. Bureau of
the Census and U.S. Bureau of Economic Analysis.
· Research and report on community livability indicator projects from around the country.
Gl Joe's Inc. 1994 ' 1997
Distribution Center Supervisor - Wilsonville, Oregon
· Supervised all aspects of the distribution function - receiving, sorting, shelving, picking and
shipping of merchandise to all stores in the G.I. Joe's chain.
· Initiated an incentive plan for the receiving and shelving functions rewarding increased
Produchvity with formal recognition, gift certificates, and paid time off- resulting in annual
productivity gains of 20%, and $75,000 in labor cost savings.
· Identified problems with vendor shipping characteristics and worked with traffic manager
and buyers to ensure more efficient purchase order packaging and labeling.
· Facilitated the use of temporary labor in peak periods to ensure timely processing and flow
through of seasonal merchandise from the distribution center to the stores.
,Ross-F nn .y- continUed
-. Education .and Academic Honors
·
MS, 'Masters" m' Envir6nmental Education, Southern OregOn university Ashland, 'Oregon, June 2000
,
MS, M~sters m Bu'sines~ Adm/rfi.' '.stratio.n; Southern Oregon University. Ashland;'Oregon, Dec.'i 998
-BS, BUsiness.Admmistr&tionl University'of Kansas LaWrence, Kansas, May 1991
·
1999-2000 U, niversidad de Guanajuat0 0utstan .ding Graduate.'Smdent Award .at SOuthern' Oregon
U~versity --. "- .. . .. .
1'999 Wall"Street'J0urna'l S·md~nt'Award from the School of Business. Faculty at. Southern Oregon
Umversity-. - '
1998 O~ego.n.. S~orts'LOtte.ry'Gradt~ate Scholarship a~ S'0uthem Oregon'U. niyersity'
~ ·
..
Committees, .Conferences, and Worksho'ps ,..
·
. .
..
.,
.
Regional.Problem .Solving Project Ci.t~izefi 'in3olve~ent Committee,. facilitate by-the Rogue .Valley
CoUnCil of.GOvernments, J.une 2000 - Present · · : .
Northwest Green Power Forum., NOvember 2002, portland, OR ..
·
·
. .
.
-
Fostering. SUstainable Behavior. With D°Uglas McKen'~iezMohr,: April.2002, Portland, OR
. .
_
.
Oregpn.'Sustainfibility Fo .rgrn,.panel. sp.eaker; September 200!, Pbrfland; OR ... . ..'. .
North American-Hazardous Materials Management C0nfer~nce, September :2.00'1, Porltland,:OR ·
· .'- .... . .
Su,t.a. inable BUsineks.'practices and Waste Based Business DeVelopme. nt, May.2001~ Medford, OR.
"' sU~tainable'.Busines.s'Syn/Posium.,U~versiW Of Oregor~; N9vember 20..00; .EUgi~ne,.OR .'
' .'SU~ta~abl.e Busine§~' Symposium, Universiw 'of.Oregon, No..v..embef 1'999, Eugene,..OR
.·. peoPle a..n.d Natur'e'-Parimerkhib COnference, G}een Business Trade Show Coordin~itor, November
~.999'; Crescent ..City, GA ·
· , .
. .
..
· o
CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Liquor License Application from Karen Stacy dba Jazbo's Lounge.
City Recorder/Treasurer
Guly 15, 2003
arbara Christensen
ino Grimaldi ,.'~. · '
Synopsis:
Application process of Oregon Liquor License as' provided by OLCC.
Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with processing of this application.
Background Information:
Application for liquor license is for an expanded license for full on-premises sales.
The City has determined that the license application review by the city is set forth in AMC Chpt. 6.32
which requires that a determination be made to determine if the applicant complies with the city's land
use, business license and restaurant registration requirements (AMC Chpt. 6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
CITY OF
- SHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
REVIEWED BY:
APPROVED BY:
Synopsis:
Termination Of Three Water Pipeline Easements In Oak Knoll Meadows Phase III
Public Works
July 15, 2003//
Paula Brown_'~r~
Paul Nolte ~
Gino Grimaldi)~
Approval of the attached quitclaim deed would terminate the City's interest in three pipeline easements
located across eleven lots within the Oak Knoll Meadows Subdivision, Phase III.
Fiscal Impact:
None.
Recommendation-.
It is recommended that the Council approve a motion to authorize the Mayor's signature on the attached
quitclaim deed terminating the City's interest in three water pipeline easements within the Oak Knoll
Meadows Subdivision, Phase III.
Background:
In 1915 two easements were created to transport sulfur water from springs east of Crowson Road and
near Emigrant Lake to the property where the golf course is now located. In 1950 a third easement was
created parallel to the earliest easement and which served the same purpose. The easements were
recorded as Volume 109 Page 208 (April 20, 1915), Volume 109 Pages 498 and 499 (May 2, 1915) and
Volume 490 Page 255 (September 12, 1950).
Although these easements were acquired for irrigation purposes they have not been in use for many
years and the pipelines are no longer in place. The three easements are an encumbrance on the
following lots within the Oak Knoll Meadows Subdivision, Phase III:
Lots 30, 31, 33, 34, 35, 38, 68, 80, 85, 86 & 87
The above properties have already been developed and it would be nearly impossible to reclaim the
easement for any purpose. The Public Works Department Considers the three easements to be unneeded
and recommends that theY be terminated.
G:kpub-wrks~admin\PB Council~Street Easement Terminations\CC Oak Knoll Subdivison Waterline Easement Termination.doc
After recording return to:
Lawyers Title Insurance Corporation
1555 E. McAndrews Road, Suite 100
Medford OR 97504
Until a change is requested, all tax statements
shall be sent to Grantee at the following address:
No change
114695ja
STATUTORY QUITCLAIM DEED
City of Ashland, a Municipal Corporation of Jackson County
, Grantor, releases and quitclaims to
The Owners of Record
The purpose of the quiclaim deed is to terminate the above mentioned easements only. All
other interests of the City of Ashland in and to said land are not affected by this
instrument.
, Grantee, the following described realproperty:
The easement interests created by the instrument recorded in Volume 109, page 208; page 498;
and Volume 490, page 255 of the Deed Records of Jackson County, Oregon, as they affect Oak
Knoll Meadows, Phase 3, a Planned Unit Development in the City of Ashland, Jackson County,
according to the official plat thereof, now of record.
The true consideration for this conveyance is $ ~&zJ6 .
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY O
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERIVrlNE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
Dated this
day of ,200_.
STATE OF OREGON
~,OUNTY OF
l'he foregoing instrument was acknowledged before me this
day of , , by
Notary Public for Oregon
My commission expires
UJ
I
TO
lfintl ot' .rnttrument
£ondderation
~'of the County of Jackson ar.d State of Oregon. for an~ in constdo~tion of the ~m of One
(S1.~) ~11~. a~ other ~ood ~ ~luable ooneidera~ion to ye ~aid. have ~r~ted.
.
e~ u~ av~, and by these preaent~ do ~r~t. ~ediCnte. ~rgaln. sell ~d con~e7 un~o
City of ~eh~nd. a ~ici~l corporation of Jackson ~oun~y. Ore,n. the right, e~ement
~r~vilege ~0 it, ~tl offftoe~, agents, emploieea ~d assigns u~ ~l re~omtble times here-
after, doing ~a little da~ge to tbs pr~aes aa ~y be ~o en~er upon, oo~ztruct, r.pa!r,
lay and ~ntain a pipe line for the purpone cf carril~ ~a~er or ~an through a par~ of the
i nor~hean~ quarter of the southwest quarter of section 1~. ~owns~lp ~ ~outh, R~n~o 1 P;ast of
the ~lllamette Mer~di~. in Ore~n. the oo~se of whAch is apn~xl~ely an ~ollows,
~g~nning a~ a poXnt on the easterly line cf said treat north ~ feet from the southeast
corner. ~d r~ning thence north ??e ~$, wes~ 1210 fee~, more or le.a. to thc ~ounty
the westerl2 al~e of said tract: Also threug~ a part of the north half of the north bait
o~ tbs aoutbwea~ quarter of neotion 13, Township 3~ South. Ra~e 1 ~n~ o~ ~he
Meridi~. In Oregon, the co~ee eft which ia approxi~ely aa follows, to-wit;
3eginntng at a point where ~he southerly line of sal~ tract interseo~n the County Road,
en~ r~ning thenae wen~ along or near aai~ southerly line 1~20 fee~; ~hnnce north 38'
the property of ~ene ~ ~'!i~s.
~ro~i~. however, a~ this ~ i8 upon the e~reas u:~ratanding and a~reemen~ be-
tween tho ~rmntors a:ta the ~r~tee that ~y such pl~ line. ma aforesaid, shall be laid at
such G.p~h, not ~.s.s- t~an.. Zt in. hen. in the ~o~4 aa to In no way in~er~ere wi~h t~o free
uae of said premises by tb~ ~r~tora, their he~a, execu:or~. %~ntntrG:or:~ or assigns.
Provtde4, further, that any d,mage to fences or crops In Qonetructton and ~in:enanoe
of e:eh pipe line shall be ~id by the ~r~tee to ~z~tora, their Weirs ~ auxins.
~ FAV~ A~ TO HOLD the said easement ~to the said Ct:y of Ashland, its eueoeeuora
interest an4 assigns, ac lor~ aa the a~e shall be usei for the p~peeQa aforesaid.
And the nard Ce~llI L Owen an& George W. ~en, wife a~ husband, do hereby cove~nt
en~ with tho Bate ~ity of Ashland. Its successors tn interest and asalgnn, that they are
the o~ere tu fee simple of 8at~ premises, and that they have a good rlgh~ to gr~t the
easement aaroa8 ~he said premises aa aforesaid.
X1; ~IT~3$ ~E~OF, we have hereunto act o~ ~an~e u~d seals this the 20th day nf April.
~. ~. ~,~. o~t~, ~. o~,~ ......... ~!i.-'~-
~e~tel tn the presence of, ~. r~. ~en .............
~ C. ~, La~ln
OOUI~ O~ ~CXS~ ( O= iht8 t~ 80th day of ~RIL, A. D. 1916. personally cmae before ~e,
a ]otary ~uBl~a Xn and for aaXd County an4 State, the within n~d Camilla E. ~en
Georse i. ~en. wife ~4 hasbrO, of eel4 ~ount2 and State, to ~ pe~uO~ll2 known to be
l~entioaX ~rsona ~aoribea In a~ who eTeoute4 the fore5olng ~nstr~eat, ~6 they &oknow-
le~ed t~ me that they sxecute4 the a~e' freel2 for ~ uae. ina purposes therein ~med.
'UI~ESS ~7 han~ an~ offlG~l ~ this the ~ay ~d ~ear fXrat a~ove in this ~y aertlf~-
eats ~ritten. G. ~.
X~t~J~ Baal of ]otary ~bllQ for Ore,on, yes,din8 ~n A~hl~d.
~ G. ~. Yeo ~ CQ~tealon ~pires Au~et ~. 1~15..
~oecm~t~. e~mp ~( C.E.~. ~/20/1~. ' ' ·
II
I:
'/'0
~IIS II;I~EII~U~.,F. ',.';ITtFf, 3:;"~.Tlt: thug wo. I.io11~o :ionizer, un unnmrx'ied~om.n,
.o~tl~n known an ~ullle ~. 8on$ser, ~. E. ~onger. or ;~ttr~ ~. 3ongor.on,.l Boll D.
8on~er, eo~tl:::ou known as ~. D. ~or,~or,~;n0, Uhurlua ;;'. =l~,fln, ~'ru~ O. Olu~.
u~,rried ~n, eomot~ ~o~n ns ~. O. :Ill,de. he~ ut l~,w and only h~lr. of
Sonar. deoonned,Gometim~ know ~ ~o!ln ~on~,r.,,t;d n. ~, ~onger. un unm, rried~,~n.
a~ ~he huuband of sa~ Uecoliu ~ongcr,mt the time of her death, and ~. ~.
kusbt, nd of ut. id Dell u. :~on~or. Saroh ~lude.w~fe of :mid Uh~l~:~ ~;. ~h',de, ~llon
I. ?ioll,.n widow, end t~e mother of ~llm~ Todd.Veils, deceased. ;.ho w~,~'~
known ntt ~!le:~ T. :V~lln. ~ilou well., or 'l'ho~ ,':oll,~. Ida I.~. rucker. {neo ~el!=).
uo:aetimee known a~ Ida v:ell~, l.bmde E. Cliff. (Nec wellsl.:~om(~LL:;~u known ,~=~
m,16 I~au!,, E. Cliff. ~l;urle~ ,~.Pu~.,m. :~o::~e,;~::mu k~m.a~ ,:.: ,~. J..i. ut',,.. ~;u.,..,~A:d
Lb;rthu ~. :.la~onnoll,d,:c,,.~,:ed. John *" ;':cl.::.r-a~aeLi,:eu kr:o~, ,..~: John ,'11~. ~,~,~ J.~'i.
'olln. ,~ brothr:r and ):elr ut; "',~' ,~t' ~;lle*~ .,olia. Jr..rlc~c:::;ef.~nd Yhe',,'. J.
hlu wIl'.:. O.o. 2;. D,:t,n, oome~luoo known au G. ~. be~,n. ~n u~,u,:~rrIc~ u~,r,.
De~m. :~onmtl:~:eu know, u,: :;. ~. Dorm. ~w~ H:~r:h. {~oo AmaIt] he1~':, ut !,c:~ of
beth M. De~n. deoormed. :mme~lu, eu know,m:; Ur~;. ~.U. ~cnn. Mary Dn~n.;':il'e of
.
';:lllln:: ~. Doan, Pock:henrys Eoule2 & Roy~losley. h~:r hul~b~,nd, Henry ll,,l':;h. ;h~: baa-
band of ut:id ~;va HarSh. and glure~r: A. :;ulker. a ~b:lIle mnn, u uon of Ular~, :~ul;wr.
{nco Utun]. ~he p~ti,m of Lbo flr~lt part her,:in, for and Ar, oonuld~:.,~.ton of tho
aura of one ($1.~} Doll~r ,:~nd other good ~d v~:luuble ~,,sidt:rutlon to ua p~.,ld.
hay, ~r~,nted, b~,r~ainod ,nd aoId.~nd by ~,,se pre,mnt~: do ~:-~:nc.dndlc~.burtf~ln,
sell ant: oonve}' un~o tho u~y of Aahl,A,=. u munIo~p~,l corpo~.tton of d~kr. on Uounty.
ore~'on, tke right, e~sen,'nt .~ privlleFe to ~t. its ofl'Io,,r~, ngents, t~mploye~ ,,~d
asslgrm ,~t ,,11 roa:,nm, ble ~lmon hereufLer, doint: ,.,.: 1Attic damage to the
an may oc t,~ enter upon, cotutruat, r,~,lr, luy ced ~,ln~aln . pipe I.l~m fo~ the
pooe cf cnrrylv6 '~'u',or or gus Oirou~h that ~or~;io~;of ~hu r, ortbw,..st qut, r:~r of l.l~e
~oothe,mg quurt,~r of oect~on 12, township 2,9. 3auth. H,nge I ~uut o~' :.~e ivlllaa~tte
Uorl4lun, ir, Otto.on. thc ooum:e of whloh i~ ~.ppro:~lmatoly ~a 1'o1~o',,.,. to-wit:
l~f~n;.~t~ a~ u point on t~ cnut lieu of u~,id truot, din'.,nco A, Otth 105
feet froth ~;hc ~outhc::st corner of ~mld tr,,ct; the~ice i~m~ng :ou*;h ~:~'54'
or leau.:o the wontev12 ilne of oa~d tr~:ct. ALuo .c~:,,mu ~ 1/2 ~.L.G.
PROTIDED, llowcver.und tr. ts grunt ~. npon t~ expreua
oforeuaid, uhall bo laid at euoli depth.not leuu t~n 24 it~o~u, in tl~o 8round ne
to in no wu~ interfere wita ~he free use of enid premlue~ by the grantors, their
.
heira, exeuutore,adminiatrato~ or aaul~e. .
oq-qqq
· ,
I htre411 rttltl~ l~al I}t a~*¢~ed
.................
I/~ ............................... lle~ t~
..........
. .
Provt,]nd. further, Zhst wmy dn:r, ago to £onoe~ or crops In c~s:ruotion
an1 muln~ermnco of ~;uch pipe line ~llbe puls by ~ho ~runlcn ~o.~runtore, the
And ~::~ ~al~ ~r~los of ~te flrut par: heroin, do hereby cove~mt ~o and
with th~ :~aid ~lty or Aehl;~nd. Itc ~mcce~:or~ In Int~rout und ~e~n~,~t they
~r,~ tho ownnr~: In fee simple of n:~ld pr~mlues.~nd t~',t t~ey ~ve a 6~d right to
grant tim emtem,'nt aeros:~ ~he a~19 l)reml2o~ s~
ill WI?Ii~5 WIU2iI".OF,wo h~vc ~,~r(:unto set our hand2
Porn,hen fa. tlooley.
Roy ~:. Healey.
{~audo ~-. Ollff,
Jam,,n t. Cliff,
John ~.. ';;ells, 5F~J,L.
~;e.o. ~. Doan.
Evu liar t h.
ltanr;' Bar%h,
49~.,~971
(~or ~lps ':Mnl Purposes
~or and in' oonelderatlo3~l of the sum of One Dollar (t1.00'},
~dera~gned do he~e~y ~.rant an eateme~t 10 feet ~e ~to the
OF A~ND, a m~lo/~l oor~oration of the Sta~e of ~regon, for
pipe line purposes over ~he real ~rm~rt7 ,lSuate~ In ~aoMeon
Oregon, ~ feet e~ther side of the center l~ne described as ~o~.~ows,
Begi~ln8 at a point 5 feet south of the Intersection of the
north l~ne of the 9serge Me~e property ~e,cr~be~. In VoL~e
Page 5~5, J. o. z., and vol~e 196, ~ge~[~ q'~,.D,..an~
east line of the Charles L. and Audrey M~rh'~e~proper~2
~ive feet east of the Intersection of t~e nor~ l~ne of Helms
property and the west line of tbs property occupied by
course. Hence at right angles north ~ feet to fence line.
~he ~ders[gnad warran~ t~t they are ~he owners of aal~ real
proart2, and that same As free of eno~brances.
IN W;TA~S ~E~, we have bare,to set our hands and seals
this day off September, 19~0.
Je8.
~ounty of
On this /~ day of ~eptember, 1950, before me, the undersigned,
a l~otary l~_b,X~o _In-and for said county end ~ta~e, personally, appeared
/~ ~~r ~/~ ~. ~/ who are personally ~o~' to me
'''~:~6 b~ ~h· ide~tloa~ pe~eone aeacr~bed tn and who executed ~he fere-
goi~ easement, aha they ao~owled&ed to me the exeeution off t~e same,
CITY OF
-ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Fireworks Use Within The City of Ashland June 23 Through July 6, 2003
Ashland Fire & Rescue
July 15, 2003
Keith E. Woodley, Fire Chief
Gino Grimaldi, City Administrator
Synopsis:
This is a report on fireworks-related fire responses occurring during the calendar period June
23 through July 6, during which time the use of fireworks were permitted within the City of Ashland.
Recommendation:
Information only. No action necessary.
Fiscal Impact:
None.
Background:
Ordinance No. 2876 Prohibits the use of fireworks within the City of Ashland during any declared fire
season, except when the sale of fireworks is permitted within the State of Oregon. (June 23 through July 6)
Following is a listing of fireworks-related fires that occurred during the permitted use period:
Date Location Type Of Fire Fire Cause
6/23/2003 1290 Ashland Street Vegetation Fireworks
7/04/2003 A St Vegetation Fireworks
7/04/2003 570 Clover Lane Vegetation Fireworks
7/04/2003 364 Walker Avenue Vegetation Fireworks
7/04/2003 364 Walker Avenue Trash Dumpster Fireworks
7/04/2003 75 West Nevada Street Vegetation Fireworks
7/04/2003 201 S Mountain Ave. Vegetation Fireworks
7/05/2003 201 S Mountain Ave. Vegetation Fireworks
7/05/2003 Glenn Street / RR Tracks Vegetation Fireworks
7/05/2003 60 Shamrock Lane Vegetation Fireworks
7/07/2003 138 North Main Street Structure Fire Fireworks
For comparison purposes, following is a listing of fireworks-related fires for the same time period during
2002:
Date Location Type Of Fire Fire Cause
7/04/2002 305 Wimer Street Vegetation Fireworks
7/04/2002 201 South Mountain Ave. Vegetation Fireworks
7/04/2002 320 Beach Street Vegetation Fireworks
The fire department was staffed with 20 firefighters and three chief officers on duty for the July 4th holiday.
Department personnel staffed the public aerial display at SOU, to ensure safety for the general public.
Following the aerial display, department members canvassed the impact area to collect any live rounds that
may have misfired during launching.
Problems encountered by department staff included public use of fireworks in areas of dry vegetation and/or
in close proximity to buildings, and the launching of 4 inch aerial shells in residential areas. Two of the
fireworks-related fires posed a serious threat to buildings. The grass fire which burned at 570 Clover Lane
burned within 10 feet of occupied homes on Spring Creek Drive before being brought under control by the
fire department. The 120 year-old home located at 138 North Main Street was damaged as a result of
fireworks use next to the building, which allowed fire to burn into the exterior wall which was filled with
sawdust insulation.
In addition to fire responses, a large amount of illegal fireworks were confiscated by the fire department and
turned over to the State Fire Marshal's Office for disposal.
CITY OF
SHLAND
Council Communication
Title: Approval of Easement Agreement for Delsmans' Irrigation Access to Ashland Flume
Dept: Legal Department
Date: July 15, 20,03 /e~
Submitted By: Paul Nolte ~l/j
Synopsis:
This easement grants to Joseph and Elaine Dclsman an easement to access the Ashland flume (which is
now piped) near where it crosses Nevada Street adjacent to Ashland Creek (see parcel 3 on the attached
map). The Delsmans currently have a similar easement across parcel 2 that needs to be released by the
Delsmans so that the City can convey clear title to Richard and Sharon Preskenis who are in the process
of buying parcel 2 from the City.
Recommendations:
Adopt a motion to approve the easement and authorize the Mayor to sign thc easement on behalf of the
City. The council should direct staff to record and deliver the easement document when the Delsmans
have signed a quitclaim deed releasing the easement on parcel 2. (The quitclaim deed is attached for
your convenience.)
Fiscal Impact:
There is no direct fiscal impact. When the easement has been removed from parcel 2, the sale to the
Preskenises can close, and the City can receive the purchase price paid for parcel 2.
Background:
In November of 2002 the City of Ashland, though its Parks and Recreation Department, agreed to
purchase 2.27 acres of property owned by Florence Keener on tax lot 391E4BD 1901 located on thc
south side of Nevada Street adjacent to Ashland Creek.
The property was then partitioned into three separate lots (see attached land partition survey). Mrs.
Keener retained parcel # 1, with 0.18 acres, as her residence. Parcel #3 containing 2.03 acres was deeded
to the City for parks open space. The remaining Parcel #2, with 0.24 acres, is in the process of being sold
to Richard and Sharon Preskenis.
1- ONegaN=AULUREAL\easement - irrigation access - Delsman cc.wpd
The title report and survey disclosed a 1909 easement which crosses this lot. The easement was to
provide access to an irrigation flume and diversion dam, which is located on Parcel #3. The partition plat
created a new access easement located entirely on Parcel #3. The easement on Parcel #2 is no longer
necessary and severely restricts the development of' that lot.
The council at its May 20th meeting approved a quitclaim of any interest the City'may have had in this
easement across parcel 2. Moving the easement from parcel 2 to parcel 3 through the exchange of the
Delsman easement for the Delsman quitclaim deed will finally clear parcel 2 for sale.
2- GNegal~PAUL~W, EAL~easement - Irrigation access - Delsman cc.wpd
I
Transaction: Irrigation Access Easement
Grantor: City of Ashland, Oregon
Grantees: Joseph W. Delsman and Elaine M. Delsman
Return to: Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520
Consideration: $1.00
Send Tax Statements to: Not Applicable
EASEMENT AGREEMENT
AGREEMENT made this __ day of
named Grantor and Grantees.
,2003, between the above-
1. Grant and Purpose of Easement. Grantor grants to Grantee a nonexclusive
easement across Grantor's property described as follows:
A strip of land 20 feet in width and 291.58 feet in length for the purpose of
maintaining and accessing an irrigation pipeline as set forth on that land partition
recorded as partition plat No. P-70-2002 in Index Volume 13, Page 70 of the
records of Partition Plats in Jackson County, Oregon and filed as recorded
survey no. 17573 of Jacson County Surveyor's records.
2. Benefitted Property. This easement is for the benefit of Grantees' property
described in document #02-00160, Deed Records of Jackson County, Oregon.
3. Term. This easement is perpetual.
4. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
CITY OF ASHLAND, OREGON, GRANTOR
By:
Alan W. DeBoer, Mayor
By:
Barbara Christensen, City Recorder
State of Oregon
County of Jackson
This instrument was aCknowledged before me on ,2003, by Alan
W. DeBoer as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as
Recorder of the City of Ashland, Oregon.
Notary Public for Oregon
My Commission expires:
1- Irrigation Access Easement G:\legal\PAUL\REAL\easement- irrigation access - Delsman.wpd
Return Document to:
True and Actual Consideration:
Send Tax Statements to:
Richard and Sharon Preskenis
c/o Amerititle, Inc., 346 East Main Street,
Ashland, OR 97520
$1 .oo
Not Applicable
QUITCLAIM DEED
Joseph W. Delsman and Elaine M. Delsman, Grantors, release and quitclaim to
Richard Preskenis and Sharon Preskenis, all right, title and interest in and to the
following described real property:
The right of way, as it may affect Parcel 2 of partition plat P-70-2002 of the
records of partition plats of Jackson County, Oregon, of unspecified width and
location, and permission to maintain and repair a flume, as disclosed in Volume
76, page 81, Jackson County Deed Records.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The true consideration for this conveyance is $1.00 plus other property or value is a
part of the consideration.
Dated this day of ., 2003.
Joseph W. Delsman
State of Oregon
County of Jackson
Elaine M. Delsman
This instrument was acknowledged before me on
Joseph W. Delsman and Elaine M. Delsman.
,2O03, by
Notary Public for Oregon
My Commission expires:
QUITCLAIM DEED G:~iegaI~PAUL\REAL~deed - qc Preskenis from Delsman.wpd
CITY OF
-ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
REVIEWED BY:
APPROVED BY:
Synopsis:
City of Ashland/Benjamin Stott Land Exchange
Public Works
July 15, 2003
Paula Brown.
Paul Nolte
Gino Grimaldi
Approval of this transaction would provide additional right of way for the construction of improvements
on Scenic Drive and would provide a uniform right of way width and alignment.
Fiscal Impact:
None. Both properties to be exchanged are nearly equal in value.
Recommendation:
It is recommended that the Council approve this land trade and move to authorize the Mayor's signature
on the attached Bargain and Sale Deed granting approximately 115 square feet of land to Benjamin
Stott. Mr. Stott will sign the attached deed to the City and both documents will be recorded
simultaneously.
Background:
The right of way on Scenic Drive was acquired in 1923 on two separate documents that did not create a
continuous southern boundary. The junction of the two deeds resulted in a right of way line that
contained two fight angle jogs.
Under this land exchange, the City would deed the westerly triangle with115 square feet to Stott who in
turn would deed a similar triangle containing 95 square feet to the City to create a new right of way line
that is an extension of the existing fight of way to the east.
The property deeds will be recorded simultaneously by the City to ensure a continuity in the exchange.
G:kpub-wrks~lmin~PB Council\CC Stott Land Exchange 7 03.doc
BARGAIN AND SALE DEED
Return Document To: Grantee, Benjamin W. Stott,
155 Strawberry Lane, Ashland, OR 97520
Consideration: property exchange
Send Tax Statements To: Grantee, Benjamin W. Stott,
155 Strawberry Lane, Ashland, OR 97520
The City of Ashland, Oregon, Grantor, conveys to Benjamin W. Stott, Grantee, the real
property described on the attached Exhibit A.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS
DEFINED IN ORS 30.930.
The true and actual consideration for this conveyance is exchange of like property of
equal value.
DATED this day of ,2003.
CITY OF ASHLAND
BY
Alan W. DeBoer, Mayor
BY
Barbara Chdstensen, City Recorder
State of Oregon
County of Jackson
This instrument was acknowledged before me on
by Alan W. DeBoer as Mayor of the City of Ashland, Oregon, and by Barbara
Chdstensen, as City Recorder of the City of Ashland, Oregon.
,2003,
Notary Public for Oregon
My Commission expires:
1- Bargain and Sale Deed G:~IegaI~PAUL\FORMS~:Adeed bargain and sale-Stott gee.wpd
EXHIBIT A
Page 1 of 2
Beginning at the southwest corner of the lands de~ribed in the deed to the C, ity
of Ashland recorded in Volume 135, .Page 330 of Deed Records, J~ckson County,
Oregon; thence., along the westerly line of said lands, North O0°01'~l' East (ciWd
as North in said deed), 10.97 feet; thence leaving said westerly line, South
6'~°18'39" East, ~3.63 feet to the southerly line of said lands; thence along said
southerly line, North 89058'39" West, ~0.93 feet to the Point of Beginning.
CITY 'TO sTOTT
EXHIBIT
SCALE: 1 '=20'
DATE: 1-24-03
S 89'58'39" E
CHASE
96-20689
TL 5401
STOTT
DN 96-05565
TL 5400
PROFESSIONAL
LA~ URV~EYOR
,JULY lg, lg~4
RICHARD F. AL~P~H
. ~o. 2663
THIS EXHIBIT I$ FOR GRAPHIC PURPOSES
ONLY. ANY ERflORS OR OMtS~K)H$ ON
THIS EXHIBIT ~I"IALL NOT AFFECT THE
E-M/J-D J. 1 ~
Page 2 o~ 2
~ SW CORNER DLC 40
MILLS
DN 90-05546
TL 7500
McKEE
ON 98-51541
TL 7401
,5'
PREPARED BY'
TERRASURVEY, 1 NC.
PROFESSIONAL LAND SURVEYORS
274 FOURTH STREET
ASHLAND, OREGON 9 7520
(541) 482-6474
torroin~bisp, net
BARGAIN AND SALE DEED
Retum Document To: Barbara Chdstensen, City Recorder,
20 East Main, Ashland, OR 97520
Consideration: property exchange
Send Tax Statements To: Grantee, c/o Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 97520
Benjamin W. Stott, Grantor, conveys to the City of Ashland, Oregon, an Oregon
municipal corporation, Grantee, the real property described on the attached Exhibit A.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS
DEFINED IN ORS 30.930.
The true and actual consideration for this conveyance is exchange of like property of
equal value.
DATED this day of ., 2003.
Grantor
Benjamin W. Stott
State of Oregon
County of Jackson
This instrUment was acknowledged before me on
by Benjamin W. Stott.
,2003,
Notary Public for Oregon
My Commission expires:
1- Bargain and Sale deed G:~IegaI~PAUL\FORMS~D~deed bargain and sale-Stott gor.wpd
lO~IBIT A
Page ! of 2
Beginning at a point on the southerly line of the lands described in the deed to
the City of Ashland recorded in Volume 135, Page 330 of Deed Records, Jackson
County, Oregon, from which point the southwest corner of said lands bears North
89058'39" West ( cited as West in said deed ), 20.93 feet thereon; thence leaving
s~id southerly line, South 62018'39" East, 21.54 feet to the easterly line of Tract
~A" of the l~nds described in that certain deed recorded Februaxy ~3, 1996 as
Document Number 96-05565, Official Records, Jackson County, Oregon; thence
~long s~id easterly line, North 00°01'~1" East (cited as North in said deed), 10.00
feet to the southeast corner of s~id l~nds to the City of Ashland; thence ~long said
southerly line, North 89058"39" West, 19.07 feet to the Point of Beginning.
PROFESSIONAL
STOTT TO CITY'
EXHIBIT
SCALE: I '=20'
DATE: 1-24-03
o I
CHASE
96-20689
TL 5401
S 89'58'39' E
,¢0.00'
pn~,,? nf ? ....
~ SW CORNER DLC 4-0
18
MILLS
DN 90-05546
TL 7500
McKEE
LLI DN 98-51541
ro I :~ -..~ TL 7401
STOTT
DN 96-05565
TL 5400
IHIS EXHIBIT IS FOR GRAPHIC ~
OHI. Y. AHY ERRORS OR OMIS~:WS ON
19.11S EXHIBIT SHALL HOT AFTECT Yl*fE
DEED D~CRJPTIOH.
PREPARE]) BY~
TERRASUR¥IS¥, I 1NC.
PROFESSIONAL LAND SURVEYORS
274 FOURTH STREET
ASHLANO, OREGON 97520
(541) 482-647~
t erroin ~b isp. ne t
June 30,2003
To: The Ashland Planning Commission
From: Barry Katzen
Re: Proposed partition of the property at 155 Strawberry
I cannot be present at the July 8th meeting due to previously scheduled patients. My wife is a
court appointed advocate for abused children and has an important tdal that day. Therefore, I
am submitting wdtten testimony.
I am against the proposed partition at 155 Strawberry as drawn due to the significant traffic
safety problems which will result. My family as well as the immediate neighborhood will be
affected.
1)My ddveway has a 13 degree grade and it is sometimes difficult to make a quick stop in the
winter when the roads are icy. The way this proposed new ddveway access is drawn, will pose a
significant danger to myself as well as my family since anyone exiting from the new ddveway will
have a difficult time seeing anyone who is exiting my property. They will have to look sharply to
the left and uphill. This in turn could cause a ddveway accident because a quick stop may not
be possible in the winter. Furthermore, what if they forget to look?
2) Scenic Ddve in that area is very dan.qerous. There is a blind turn which makes it very
difficult to see oncoming traffic until the last moment, In the 13 years that I have lived here, I
have experienced a large increase in the number of near head on collisions as I turn into my
driveway.
I request that the land partition be made contingent on the fact that the access to the new piece
of property is from Strawberry Lane.
The only reason to make the access from Scenic is because of the convenience of the
developer. I do not think that my personal safety as well as others in the neighborhood should be
sacrificed merely for the convenience of the developer. I am not opposed to the subdivision, I
am only opposed to the location of the driveway. Why create a potentially unsafe situation for
me and my family if you do not have to? Furthermore, for the city to allow the partition to
proceed as drawn will require a land swap with the developer.
I have discussed this with Bill Molnar and he said that he had not considered the traffic
implications at the time of the developer's request. Furthermore, Jim Olson, in the Public Works
department told me on June 27th that he thought that the access will have to be changed to
Strawberry, based on his knowledge of the situation.
I therefore request that the city put a condition of approval on this partition: that access to the
property be on Strawberry Lane,
Sincerely
Barry Katzen
't
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ARRESTS OF DEMONSTRATORS IN ASHLAND
July 15, 2003
Paul Copeland
Here is a summary of the 7 arrests in Ashland involving political demonstrators between March 5th and April
25th. There may have been other cases that did not receive media attention. Notice that 6 of the 7 arrests
resulted in incarceration in the county jail.
*** BOOKS NOT BOMBS - March 5th - 3 arrests
1) Cameron Brooks - SOU student pleaded no-contest to disorderly conduct. Sentence in Municipal Court was
$25.00 court fee and 6 month diversion. Cameron was taken into custody and lodged in the Jackson County
jail. The video of the incident shows what appears to be a "random" arrest for walking in the street.
2) Wes Brain - Videographer charged with disorderly conduct and interfering with police. Incredibly, Ashland
Police arrested Wes two days LATER and took him to jail in handcuffs. He was later released on $10,000 bail.
On June 17th the city dropped the charges citing insufficient evidence. The video cleady showed there was no
case.
3) Jeremy Dahl - Homeless youth acting out in a non violent manner during the march. He was taken into
custody and lodged in the Jackson County jail for obstructing traffic and causing a public alarm, and for
resisting arrest (due to evading capture until the next day). A defense attorney has been assigned to the case
and there is no further information at this time.
*** Apdl 12th - 2 arrests (flag buming)
David Stone and Alyosha Witness were arrested on charges stemming from a flag buming at an anti-war rally
in the Ashland Plaza. The flag burners where promptly arrested for "Reckless Burning" and taken into custody.
There were several eyewitnesses in close proximity to the event who claim there was no danger to
bystanders. At the arraignment on April 14th, the actual charges (for each man) were 2 counts of Reckless
Endangerment (one each for endangering an unnamed woman and an unnamed child) and one count of
Disorderly Conduct for causing a public alarm and commotion. They were each held in jail for several days.
Stone was not released until 9 days later. A joint tdal court date is set for sometime in September.
*** April 17th - 1 arrest/citation (flag burning)
Ryan Navickas was cited for burning without a permit dudng a rally and carefully planned flag burning in
support of the two persons jailed on Apdl 12th (who were still in jail). It was actually a "group" flag burning, but
APD had determined they would issue just one citation. Navickas was NOT taken into custody. In Municipal
Court on May 6th the charges were dismissed by the judge, citing a city rule which allows free speech on the
Plaza, and a United States Supreme Court determination that flag-burning is a form of political speech.
*** CRITICAL MASS BIKE RIDE - Apdl 25th - Jenka Soderberg
Jenka was arrested in Ashland on April 25th for disorderly conduct an interfering with police. She was taken
into custody and lodged in the Jackson County jail and released on $11,000 bail. The incident involved a small
Cdtical Mass bike ride (about 10 dders). Ashland police viewed the dders as a problem and did not appear to
be protecting the safety of the bike alders. The court arraignment was May 22nd. She pleaded not guilty and
asked for court appointed attomey. The case is scheduled for continuance on August 6th.
7/15/2003 2:14 PM
CITY OF
SHLAND
Council Communication
Title:
Second Reading and Adoption of an Ordinance Amending Ashland
Municipal Code Section 6.28.035 by Revising Regulations Applicable to
Pedicabs
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Synopsis:
Public Works Department
July 15, 2003
Paula Brownzd~
Paul Nolte ~[)
Gino Grimaldi/~
Ashland Municipal Code Section 6.28.035 authorizes staff to prepare and provide permits required for
tour buses or special vehicles. The attached ordinance revisions allow for pedicabs as special vehicles
and although they would not be restricted to a specific route, and would be allowed to stop and pick up
passengers, pedicab use would be required to meet the following added conditions:
a. Any route used will not create traffic congestion or adversely affect the character or privacy of
a residential area.
b. The manner and method of pick-up and delivery of passengers will not create, or materially
contribute to, a parking problem or traffic congestion.
Council took action on the first reading of the ordinance on June 17, 2003 and requested additions to the
ordinance to include additional safety precautions for pedicab operations. Council will notice additional
operating conditions and safety inspections and the requirement for pedicab drivers to have a valid
Oregon driver's license. Pedicab operators would be required to obtain a special use permit.
Recommendation:
It is recommended that the Council adopt the attached ordinance amending Ashland Municipal Code
Section 6.28.035 by revising regulations applicable to pedicabs.
Fiscal Impact:
Adoption of the recommendation has no direct fiscal impact with the exception of enforcing the
ordinance requirements and potentially collecting fines if the ordinance is not followed.
Background:
Dylan Robbins and Edward Rogers have made an application to provide a pedicab service throughout
Ashland. This application was taken to the Bicycle and Pedestrian Commission with their approval as
shown on the attached memorandum. The application was also taken to the Traffic Safety Commission
(TSC) on May 29, 2003. The TSC was generally supportive of the pedicab, but wanted to be assured
that the pedicab would always have adequate lighting and always be within safe operating conditions.
The TSC has reviewed the proposed changes to the ordinance and has not provided additional
requirements. Any other TSC conditions may be considered through the special use permit process.
\\COMPAQI~DATA\GOV~pub-wrks\adminXPB Council\CC Pedicab Ord Rev 2nd Reading 15Jul03.doc
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE SECTION
6.28.035 BY REVISING REGULATIONS APPLICABLE TO PEDICABS
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
IAnnotated to show deletions and additions to the ordinance passed at first reading on I
June 17, 2003. Deletions are ,,, ,~,., [,,,,.,uu,, and additions are underlined.
SECTION 1. The following subsection 6.28.035.C.6 is added to the Ashland Municipal
Code:
SECTION 6.28.035 Permit Required for Tour Bus or Special Vehicle.
C.
Criteda for approval. The proposed operation shall
1. Have a clearly defined route that will not create traffic congestion or
adversely affect the character or privacy of a residential area.
2. Have proposed pick-up and delivery locations that will not create, or
materially contribute to, a parking problem.
3. Have a vehicle speed that will not create traffic congestion or safety
problems.
4. Utilize streets of sufficient width, including vision clearance at
intersections, so that it will not materially contribute to traffic and
pedestrian safety problems.
5. Have a fixed route with passengers picked up only at a specified single
point of origin and, except for Lithia Park, passengers shall be returned to
that same point.
6. Have to comply with oenly subsections 3 and 4 of this section ~
if it involves the operation of pedicabs. In addition, the following criteria
apply only to pedicabs:
a. Any route used will not create traffic congestion or adversely
affect the character or privacy of a residential area.
b. The manner and method of pick-up and delivery of passengers
will not create, or materially contribute to, a parking problem or
traffic congestion.
c. Prior to the operation of any pedicab and at the beginning of
each shift or each day or operation, the pedicab shall be thoroughly
inspected by the operator and found to be in safe operating
condition. An inspection for safe operatinq conditions must include,
but .is not limited to, inspection of brakes including parking brake;
all lights, signals and reflectors; steering system; mirrors; horn and
other warning devices; and tires. For any condition found then or at
any other time that will prevent the safe operation of the pedicab,
the operator shall immediately remove the pedicab from service
and correct the condition before the pedicab is returned to service.
1- Ordinance C:\WlNDOWS\TEMP~pedicabl.wpd
SECTION 2. The following subsection 6.28.035.D.3 is added to the Ashland Municipal
Code:
D. Operations Prohibited. Permittees in the operations described in this section
shall not:
1. Respond to specific or individual calls for transportation from one point
to another in the manner of taxicabs or otherwise perform the services of
taxicabs as defined in Section 6.28.020, or
2. Attempt to promote patronage through garish display of colors, sounds,
murals or other thematic devices located on the vehicle.
3. Have to comply with sSubsection 1 of this section,~,.,~o'" ...... ~ot "' to if
c~F'H'y _
the operation involves pedicabs.
4. Operate or allow the operation of any special vehicle or tour bus unless
the operator possesses a valid Oreqon driver's license.
The foregoing ordinance was first READ on the
day of ,2003,
and duly PASSED and ADOPTED this
day of
,2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2003.
Alan W. DeBoer, Mayor
f~~.~as to form:
Paul Nolte, C~
2- Ordinance C:\WINDOWS\TEMP~pedicabl .wpd
CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Adoption of a Resolution Setting a Public Hearing for the Final
Assessment of three Local Improvement Districts: 1) Central Avenue
Improvements; 2) Penny Drive / Palmer Road Improvements; and 3)
Helman Street Improvements
Public Works Department
July 15, 2003
Paula Brown {Y
Paul Nolte I/~
Gino Grimaldi
Synopsis:
Attached are three project summaries and the resolutions forming the three Local Improvement
Districts (LID) for improvements to: 1) Central Avenue; 2) Penny Drive / Palmer Road; and 3)
Helman Street Sidewalk. Council action to set a public heating to hear any objections to the final
assessments is required under the Ashland Municipal Code as one of the final steps in the process to
levy assessments to lots within each LID. The Central Avenue LID was established on June 15,
1999 by the City Council prior to completing the construction in 2000-01. The Penny Drive /
Palmer Road LID was formed by Council on December 22, 1999 and improvements were
completed in 2000. Council formed the Helman Street Sidewalk LID on October 3, 2001 and
although the majority of the work was completed in 2001, the railroad crossings were just recently
completed. All three projects are now fully completed and closed out so that final assessments can
be appropriately charged to the property owners.
Recommendation:
Staff recommends that Council adopt the attached resolution to establish a public hearing for 7:00
p.m., August 19, 2003, to hear and consider objections to the proposed final assessments for the lots
within the three LIDs: 1) Central Avenue; 2) Penny Drive / Palmer Road; and 3) Helman Street
Sidewalk.
Fiscal Impact:
Each of the three LIDs has been completed and a detailed cost analysis for each project is attached.
Project costs are summarized on the following page.
Background:
See attached.
C:\WINDOWS~TEMP\CC PH Final PennyPaimer Central Helman 15Jul03.doc
Page I of 2
Summary of Project Cost Estimates and Actual Costs
Length of Project
number of assessed units
Central Avenue Penny/Palmer Helman Street
LID No. 80 LID No. 81 LID No. 82
308 feet 564 feet - - 3940 feet
1 *(see note) 11.5 66.5
Initial Project Estimate
Initial City Cost
Initial LID Cost per unit
$60,600.00 $66,931.00 $153,265.00
$12,000.00 $21,467.50 $109,099.75
*(see note)
$30,300.00 $3,953.35 $543.00
Final Project Total
percent over estimate
$73,635.29 $78,800.44 $146,212.73
21.5% 17.7% -4.6%
Final City Cost
percent over estimate
$27,529.00 $32,800.44 $109,659.55
129.4% 52.8% 0.5%
Final Cost per unit
percent over estimate
$ 60,606.29 $4,000. O0 $ 543. O0
0.01% 1.18% 0%
Notes:
Project Totals include construction and engineering/construction management
(roughly 15-20% of the construction costs)
1) Central Avenue: During construction, the City took on an added responsibility and
rebuilt a section of the existing street to provide a better street section
and connection. The City also paid for the sidewalks on the other side
of the street, which was not required for the development.
* Originally there were two tax lots when this LID was formed.
These lots have since been combined into one lot.
2) Penny/Palmer:
3) Helman Sidewalks:
The City's estimate for paving and storm drain work was significantly
under actual costs. Construction costs came in roughly 18% higher
than estimated. Cap on this LID is $4000 per equivalent dwelling unit.
The City bore the extra costs above the cap ($332.70 per unit).
Initially a $7,800 CBDG grant was anticipated to offset construction
costs. The grant did not materialize, so the handicapped ramps were
rolled into the total assessment. Based on Resolution 99-09, the City
pays for 75% of all sidewalk costs in LIDs. For this project, the City
completed 100% of the engineering in-house and did not assess
property owners. The final assessment would have increased each lot
by $6.67 - but as many property owners have pre-paid their
assessment and as the anticipated CBDG grant did not offset these
costs, it is recommended that the City pick up the difference and retain
the original assessment costs. The difference to the City is minor at a
total cost of $559.80.
\\COMPAQ l~DATA\GOVXpub-wrks\admin\PB CouncilXLIDs\CC PH Final PennyPalmer Central Helman 15Jul03.doc
Page 2 of 2
CITY OF
Public Works - Engineering
Division
Final Costs for Central Avenue LID NO. 80
Street: Central Avenue
· Limits: Helman Street To Water Street
I. GENERAL INFORMATION
Length of Project:
Width of Street:
Pavement Design:
308 Feet
30 Feet
4 inch AC
II. PROJECT SUMMARY
The improvement of Central Avenue was authorized by the Council by
Resolution No. 99-39 (attached) approved on June 15, 1999. The project was:
designed by Hardey Engineering Inc. and constructed by Ledford ConstructiOn
Co. Inc. as packaged project entitled "2000 Street Improvement Project"! ,'.The .
Central Avenue improvement project was an extension of an existing fully: :
improved street which previously ended midway between Helman and'Water
Streets. To provide a uniform street appearance and to improve the grade
between the two connecting streets it was determined that the existing'street
section be rebuilt along with the new street construction. Although this work was
completed under the Central Avenue LID, the rebuild section was not included in
the LID assessment.
This project was deemed to be ineligible for City participation in the assessment
district as outlined in Resolution No. 99-09. This assessment district is comprised
of only one tax lot (391E9BB -400) which was originally owned by Lloyd
Haines. The property has since been sold to Westridge Investments LLC of 202 E.
Trent Avenue Ste 400, Spokane WA 99202.
G:PubWodcs~ng~eplAdmin~l. lERCentral Ave Final Cost 5 03.xls
III. CITY COSTS
A portion of the work on Central Avenue is outside the local improvement
district and constitutes a rebuild of the existing improved street. This work will
not be funded from the assessment account. This work includes:
Bid Item
# Description Units Unit Price Total Cost
1 Mobilization Lump Sum 50% $ 1,100.00
.,
2 Site Work Lump Sum 50% $ 2,125.00
,
3 Excavation 100 CY $ 12.00 $ 1,200.00
7 AC Pavin.g 139 TONS $ 45.00 $ 6,255.00
8 Curb & Gutter 182 LF $ 7.00 $ 1,274.00
9 Sidewalk 90 SF $ 3.00 $ 270.00
13 Handicap Ramp 4 EA $ 325.00 $ 1,300.00
14 Remove Curb 180 LF $ 3.50 $ 630.00
15 Remove AC and Walk 600 SY $ 3.75 $ ..2,250.00
16 48 inch Manhole 2 EA $ 1,300.00 $ 2,600.00
17 Curb Inlet 1 EA $ 675.00 $ 675.00
19 Catch Basin 1 EA $ 550.00 $ 550.00
21 Connect to Catch Basin 1 EA $ 550.00 $ 550.00
22 Concrete Cap Lump sum 100% $ 300.00
24 12 inch Strom Drain 115 LF $ 28.00 $ 3,220.00
25 12 inch Storm Drain (reinforced) 95 LF $ 34.00 $ 3,230.00
TOTAL $ 27,529.00
IV. FINAL LID COSTS
A. FINAL COSTS
TOTAL CONSTRUCTION $ 73,635.29
B. OTHER (LIST)
LESS CITY COSTS $ (27,529.00)
C. TOTAL $ 46,106.29
D. ENGINEERING $ 14,500.00
E. PROJECT TOTAL $ 60,606.29
G. TOTAL ASSESSABLE COST $ 60,606.29
H. TOTAL ACCESSIBLE UNITS 1
I. COST PER..UNIT* . $ 60~606.29
* Estimated Cost per unit per Resolution 99-39 was $60,600.00
Street Fund $ 22,023.20
SDC Funds $ 5,506.80
City Costs $ 27,530.00
V. ASSIGNMENT OF ASSESSMENT
The Total assessable cost for the Central Avenue Assessment District shall be assigned as follows:
MAP NO. TAX LOT OWNERSHIP DESCRIPTION UNITS COST PER UNITS TOTAL
391E9BB 400 Westrid§e Investments LLC Parcel #2 Partition Plat 1 $ 60,606.29 $ 60,606.29
202 E. Trent Avenue, Ste 400 #P-91-1996
Spokane WA 99202
i
G:PubWod~$~Eng~:)eptAdmln~l. ID~e~tral Ave Final Co~t 5 03.x15
Council Communication
Public Works Department
Central Avenue LID Formation
May 4, 1999
Submitted by: Paula Brown
Reviewed by: Paul Nolte
Approved by: Mike Freeman
Title:
Adoption of a Resolution Setting a Public Hearing for the Formation of a Local Improvement
District to Provide for Improvements Consisting of Paving, Curbs, Gutters, Storm Drains,
Sidewalk, and Associated Improvements, for the Extension of Central Avenue from its Existing
Terminus East of Helman Street, Approximately 320 Feet Easterly to a New Connection with
Water Street
Synopsis:
The attached resolution establishes the level of improvements and assessments for the Local
Improvement District (LID) for Central Avenue, extending from it's current terminus east of
Helman Avenue to a new Connection with Water Street.
In 1991, the City Council approved the Haines development and attached a condition of the
approval (PA91 ~099), providing for improvements along the frontage of the applicants property.
During the first Council meeting in May 1997, conditions for the extension to the existing
CenUal Avenue were prescribed.
Staff has compiled a revised estimate of $60,600 to .design, construct and oversee the requisite
improvements and has discusses this with Mr. Lloyd Haines, property owner of the lots
concerned. Mr. Haines is in agreement with the proposed work and is willing.to move forward
with the public hearing and LID formation process. Assessments of $30,300 for each of the two
lots in the LID as shown on the attached map of the assessment area (Exhibit A).
Recommendation:
Staff recommends that Council adopt the attached resolution for the formation of the Central
Avenue Improvements LID.
Background Information:
The Central Avenue~unprovements include curb, gutter, pavement, storm drain, and sidewalk
improvements, as Well as ancillary improvements to the handicapped access, irrigation canal, and
other related facilities. Staff is basing the estimate on a 28 foot street section, and sidewalk on
one side of the areet for approximately 320 feet in length. Sidewalks are only required for one
side of the street, however, to be consistent with the Council's street standards, the design would
reflect sidewalks on both sides, with the City paying for sidewalk on the other side of the street.
O?AULA~iDs\Central LID PH May 4.wpd
It is staff's understanding that this LID is not subject to Resolution 99-09, A Resolution to Local
Improvement Districts (LIDs) and Establishing: the City's Participation in LIDs; the Maximum
Assessment for Residential Lots and Required Process to Include Neighborhoods in LID
Planning. Mr. Haines is aware of staff's understanding of City participation and accepts the
current estimate of work.
At the first council meeting in May, 1997, the Council took additional action to approve
formation of the Central Avenue LID in 1998 for completion by October 1, 1999. Staff work
loads have prevented this from being brought before Council until this time. It is anticipated that
the LID would be formed in June, and the project advertised for consultant design in July /
August. It would be feasible for design to be completed in late summer / early fall, for
construction during the winter or early spring 2000.. Mr. Haines would like consideration for the
construction to begin in the spring of 2000. This request should be discussed during the Public
Hearing.
Additional Background on the Haines Development:
In 1991, the City Council approved the Haines development on the property bounded by Water,
Central, Helman Streets and the Lithia Way viaduct. A condition of the approval (PA91-099),
attached as part of the motion to approve the development, stated:
"If the City decides to open Central Street along the frontage of the subject property, Central
shall be constructed to a full City street improvement resulting in a travel surface equal to the
improved portion of Central east of Helman Street, and shall include curb, gutters, and storm
drains on both sides of the street, and sidewalks on the south side of the street along the subject
property frontage. Alternatively, Central Street may be improved to the standards described
above under a Local Improvement District with applicant (Haines) bearing all costs of said
improvements.
"The City Council shall decide whether to open Central Street between Water and Helman
Streets, and the decision whether to open Central Street will be made at a later time and as a
s6parate decision."
G:~PAUL~I.,IDs\Centrnl LID PH May 4.wpd
RESOLUTION NO. 99- ~ 7
A RESOLUTION AUTHORIZING AND ORDERING IMPROVEMENTS
FOR PAVING, CURBS, GUTTERS, STORM DRAINS AND SIDEWALKS
ON CENTRAL AVENUE FROM ITS EXISTING TERMINUS EAST OF
HELMAN STREET TO WATER STREET, FOR THE CENTRAL
AVENUE LOCAL IMPROVEMENT DISTRICT AND AUTHORIZING
THE ASSESSMENT OF THE COST OF THE IMPROVEMENTS
AGAINST PROPERTY TO BE BENEFITTED,
RECITALS:
A. The Council has declared by resolution its intention to develop the improvements described
in the above title and in the improvement resolution previously adopted and to assess upon each
lot or part of lot benefitted by the improvement its proportional share of the cost of the
improvement; and
B. Notice of such intention was duly given, a public heating was held and it appears to the
Council that such improvements are of benefit to the city and all property to be assessed will be
benefitted to the extent of the probable amount of the respective assessments to be levied for the
costs.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION 1. A local improvement district is created and shall consist of all the tax lots
described in the attached Exhibit A. The district shall be called the Central Avenue Local
Improvement District, No. ~ .
SECTION 2. The council intends to make local improvements to provide the improvements
described in the above title. Such improvements will be in accordance with costs estimated to be
$60,600.00 all of which will be paid by special assessments on benefitted properfes. Costs will
be allocated to benefited tax lot described as 39 1E 9BB Tax Lot 400, fronting on central Avenue
between Water Street and Helman Street.
SECTION 3. The City of Ashland is authorized to borrow money and issue and sell notes for the
purpose of providing interim financing for the actual cost of the local improvement. The notes
may be payable from the proceeds of any bonds, issuance of additional notes or from any other
sources from which the bOnds are payable. This borrowing shall be issued according to the terms
of ORS 223.235(7).
SECTION 4. The assessment imposed upon benefitted properties is characterized as an
assessment for local improvement pursuant to ORS 305.583(4).
PAGE 1-FORMATION RESOLUTION (~FSI~SYb"~USER~PAULA~IDb%CENTRAL FORMATION RE$OLUTION.WPD)
SECTION 5. The city recorder is directed to prepare the estimated assessment of the respective
lots within the local improvement district and file it in the lien records of the city.
SECTION 6. The City of Ashland expects to make expenditures from its available funds to pay
for the costs of the improvement project. The City reasonably expects to issue bonds or other
obligations (the "Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds
to reimburse the City for the expenditures it makes from its available funds for the improvement
project. To permit interest on the Reimbursement Bonds to be excludable from gross income,
the Intemal Revenue Code of the United States requires the City declare its intent to reimburse
itself from Reimbursement Bond proceeds within 60 days after the expenditures are made. The
City expects that the principal amount of the Reimbursement Bonds will not exceed $61,000.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 and duly PASSED and ADOPTED this //._~ day of
Barbara Christensen, Ci~'~Recorder
SIGNED and APPROVED this
/r,~ dayof
999.
Paul Nolte, City Attorney
Catherine M. Shaw, Mayor
PAGE 2-FORMATION RESOLUTION 0~FSI~YS~USER/PAULA~ID$~CENTRAL FORMATION RESOLUTION.WPD)
68OO
6~00
CITY O'F ASHLAND
Department of pUblic Works
MEMORADUM
DATE: April 24, 2001
TO: CINDY HANKS, VERONICA VI_ACH
FROM: JAMES H. OLSON, ~%'C SF_R¥~C,'-S MANAGER
RE: PAYMENT NO. 10 TO HARDLY FOR THE DESIGN OF
CENTRAL AVE.. LID, PENNY/PALMER LID & SISKIYOU BLVD.
SANITARY SEWER PROJECTS
ii i ii i i i i i i
Hardey Engineering has requested tenth progress payment for services rendered in the
design of the Central Avenue, Penny Dr., Palmer Road and the Siskiyou Blvd. Sanitary
sewer line. Please make payments as follows:
Contractor: Hardey Engineering & Associates Inc.
PO Box 1625
Medford OR 97501
· Project Title:
Project No.:
Purchase Order.
Account No.:
Contract Amount:
1. Central Avenue LID 2. Penny/Palmer LID
3. Siskiyou Blvd. Sanitary Sewer Line 4. Union Street (SurVey)
1. 99-17 2. 99-22 3. 99-23
Requisition No 2009 (Revised 00511)
1. 410.03.41.00.704200 2. 410.03.41.00.704200 3. 675.08.17.00.604100
1. $11,000+$3,500 2. $t0,000 3. $5,000
Total Combined Amount: $29,000 + Change Order #1 @ 8,500 = $37,500
COST ALLOCATION
~' pI~O~JECT' ': ACCOUNT NO.' TOTAL ~0ST TO DATE' "' PAYME"'I:S T° DATE CURRENT"'
, , ,,,
CENTRAL AVE. 410.03.41.00.704200 $ 14,500.00 $ 14,500.00 $ --
PENN'~'/PALMER.- 410.03.41.00.704200 $ 8.,9.16.8..7 $ .. 8,9!6.87 $. -
$1SKIYOU SS 675.08.17.00.604100 $ 7,609.72$ 7,609.72 ..$. -
UNION ST - * $ 5,273.29 $ 4,931.08 $ 342.21
'' TOTAL '$ 36,299.88 $ 35,~57.67 $ 342.21''
, , , , ,
PLEASE PAY:
*Includes work beyond· the odginal scope of services.
$ 342.21
CC: Paula Brown
Hardey Engineering
O:Dawn~Englneefll. ID~C~ PD & PR LID Hardey Payment lO.xls
CITY OF ASHLAND.
Department of. Public Works
DATE:
TO:
FROM:
RE:
MEMORADUM
May 10, 2001
Cindy Hanks, Vero~3.~c~Vlach
James H. Olson
Ir
Final Progress Payment No. 8 2000 Street Improvement Project No. 2000-09
Ledford Construction Company has requested final progress payment #8 on the
2000 Street Improvement Project No. 2000-09.
Please make payment to the following:
Contractor:
Ledford Construction Co.
PO Box 910
Medford OR 97501
Project Title:
Project No.:
Purchase Order:
Account No.:
Contract Amount
Retainage:
Change Order:
2000 Street Improvement Project
2000-09
1302
410.03.41.00.704200
$292,520.00
5% Reduced to 2.5%
CO #1 - Electrical Work
Amount CO 1: $
Amount CO 2: $
Amount CO 3 $
Amount CO 4: $
690.11.18.00.704100
9,549.00 Adjusted ContractAmount $
342.13 Adjusted Contract Amount $
2,500.00 Adjusted Contract Amount $
2,449.60 New Contract Amount $
302,069.00
302,411.13
304,911.13
307,360.73
PAYMENT SUMMARY
~(~ ' i .... "' =c~" ' ".:'.. ,~.~:AI~,. ~:~,yM.~' ~,CURRENT.AM~/.~i~.,!i~UE ,.~,CON.,..T~. ,,C,T. ,,..: .,.,... ,...AMOUNT"~.. · ,.. · . ~PER,..~,E.~..,I'~
~1~'~. ~ ~:...~-~.¢3l~ ' '-' , ." ,',, ....
COSTS $ 286,669.29 $ 234,964.73 $ 51,704.56 $ 307,360.73 100%
RETAINAGE* $. 7,166.73 $ 5,874.12 $ 1,292.61 $ 286,669.29
,, ,
$ 279,502.56 $ 229,090.61 $ 50,411.95 $ 20,691.44 **
PLEASE PAY: $ 50,411.95
*NOTE: Retainage ~ 2.5% under this payment.
**Amount to be recaptured.
CC: Paula Brown
Kelly Churchill, Ledford Construction
G:Dawn~Engineer~pr°jec~000-09 Ledford Payment 8~ds
2000 STREET IMPROVEMENT PROJECT
PROJECT NO. 2000-09
PROGRESS PAYMENT NO 8 (FINAL)
COST ALLOCATION BY STREET
"' CONTRACT ~MoUNT
STREET CONTRACT AMOUNT COST TO DATE REMAINING
,, ,
PENNY/PALMER $ 78,633.00 $ 71,283.57 $ 7,349.43
CENTRAL AVENUE $ 72,046.00 $ 73,635.29 $ (1,589.29)
UNI'ONSTREET $ 141,841.00 $ 127,609.70 $ 14,231.30
.....
CHANGE ORDERS $ 14,840.73 $ 14,140.73 $ 700.00
TOTALS $ 307,360.73 $ 286,669.29 $ 20,691.44
Status
Complete
Complete
Complete
complete
G:Dawn~Engineer~roject~000.09 Ledford Payment 8.xls
CITY OF
SHLAND
Public Works- Engineering Division
Final Costs for Palmer Road & Penny Drive LID NO. 81
Street: Palmer Road & Penny Drive
Limits: South of Woodland to end
I. GENERAL INFORMATION
Length of Project: 564 Feet
Width of Street 22 Feet
Pavement Design: 4 inch AC
II. PROJECT SUMMARY
The improvement of Penny Drive and Palmer Road was authorized by the Council on
December 22, 1999 by Resolution No. 99-72. The project was designed by Hardey
Engineering Inc. and constructed by Ledford Construction Co. Inc. as a portion of the 2000
Street Improvement Project No. 00-09. That project also included the improvement of
Central Avenue (Lid #80) and the reconstruction of Union Street.
The Penny-Palmer LID was unique in that it was ratified by 100 percent of the assessment
district. The owners among the district assigned the distribution of costs within themselves.
This LID was the first to come under the City participation requirements as outlined under
Resolution No. 99-09. Under this resolution the City is required to pay 60% of sidewalk
costs, 75% of storm drain costs, 20% of paving costs and 50% of engineering costs. The
resolution also set a cap on the amount to be assessed for each unit or potential unit. The
cap set for this project was $4,000 per unit.
The total actual assessable cost for this project was over the estimated costs by $4,332.69.
The estimated cost per unit at $3,953.35 was only slightly less than the maximum cap which
would have been exceeded with the additional cost. The actual assessment rate is set at the
maximum of $4,000 which requires that the City will bear the additional $3,769.19. The
total city costs including credits and additional costs is $32,800.44.
G:PubWorks~Eng~DeptAdmin\LIDLDenny Palmer Final Cost 5 03.xls
II. FINAL LID COSTS
FINAL COSTS
A. TOTAL CONSTRUCTION $ 71,283.57
B. OTHER (LIST)
LATE PENALTY $ (1,400.00)
C. TOTAL $ 69,883.57
D. ENGINEERING $ 8,916.87
E. PROJECT TOTAL $ 78,800.44
Fe
CREDITS (CITY COSTS)
SIDEWALKS 60% of $ 7,980.00 -- $ 4,788.00
STORM DRAIN 75% of $ 10,002.00 -- $ 7,501.50
PAVING 20% of $ 61,281.57 = $ 12,256.31
ENGINEERING 50% of $ 8,916.87 -- $ 4,458.44
SUBTOTAL $ 29,004.25
PORTION OVER LID CAP $ 3,796.19
TOTAL CITY COSTS
$ 32,80O.44
G. TOTAL ASSESSABLE COST $ 49,796.19
H. TOTAL ACCESSIBLE UNITS 11.5
I. COMPUTED COST PER UNIT $ 4,330.10
J.ESTIMATED COST PER UNIT PER RESOLUTION 99-7 $ 3,953.35
* Maximum cap per Resolution 99-09 at time of LID formation.
Account Delegation
Street 260.08.12.00.704100 $ 26,896.36
SDC 260.08.35.00.704100 $ 5,904.08
LID 260.08.41.00.704200 $ 46,000.00
Total $ 78,800.44
G:PubWorks~ng~DeptAdmin~LID~°enny Palmer Final Cost, 5 03.xls
0
0
Council Communication
Penny/Palmer LID Formation
Public Works Department
December 21, 1999
Submitted by: Paula Brown
Reviewed by: Paul Nolte
Approved by: Mike Freeman
Title:
A resolution authorizing and ordering the local improvements for Penny Drive/Palmer Road
within the Casa Madrona Subdivision for the paving, curbs, gutters, storm drains, deferred
sidewalk and associated improvements within the local improvement district and authorizing the
assessment of the cost of the improvements against property to be benefited and authorizing the
city to borrow money and issue and sell notes for the purpose of providing interim financing for
the actual cost of the local improvement.
Synopsis'
The attached resolution establishes the level of improvements and estimated costs for the Penny /
Palmer Local Improvement District (LID) for Penny Drive and Palmer Road within the Casa
Madrona Subdivision. Improvements consist of pav'.mg, curbs, gutters, storm drains, deferred
sidewalk, and associated improvements, for Penny Drive and Palmer Road within the Casa
Madrona Subdivision. Petitions in favor of the improvements have been received from all of the
property owners within the proposed Penny/Palmer Improvement District. At the December 7,
1999 Council meting, Council directed staff to' add language in the resolution so that the actual
sidewalk improvements in the LID area could be deferred to the furore. The attached resolution
includes that deferment in Section 7.
Recommendation:
Staff recommends that Council adopt the attached resolution authorizing and ordering the local
improvements for Penny Drive/palmer Road within the Casa Madrona Subdivision for the
paving, curbs, gutters, storm drains, deferred sidewalk and associated improvements within the
local improvement district and authorizing the assessment of the cost of the improvements
against property to be benefited and authorizing the city to borrow money and issue and sell
notes for the purpose of providing interim financing for the actual cost of the local improvement.
Background:
Casa Madrona Subdivision was platted in 1965 at which time Penny Drive and Palmer Road
were created and opened for travel. As was common during that period of the City's
development, the streets were not improved. Attempts to create a local improvement district to
improve the streets were made in 1967, 1971, 1986 and 1991. With Council's adoption of
Resolution No. 99-09, which included financial participation by the City, sufficient interest in
this LID was possible.
G:\pub-wrks\adtninXPB CounciiXLIDsXPalmer-Penny LID Form 21 Dec,doc
Page 1
Two neighborhood meetings were held where city staff members from Engineering and Planning
meet with property owners to discuss the necessary improvements, estimated costs and
methodology for cost allocations. At the final neighborhood meeting, members within the
proposed assessment district agreed upon the number of lots to be included and the number of
potential units to be assessed. It was agreed that the three lots accessing from Weissenback Way
(a private drive) should be assessed at a ½ unit rate while those that had actual lot frontage on the
streets to be improved should receive an assessment based upon a full unit. Further
compensation was made to two lots, which had physically been combined (existing house built
on both lots), and one lot that was large enough to divide into two lots.
Petitions were signed by ALL of the owners within the proposed district. A public hearing was
held during the City Council's regular meeting on December 7, 1999 so that the issue of
sidewalk requirements could be discussed with Council members. At that time, Council directed
staff to remove the sidewalk from the improvements and defer sidewalk improvements until a
future time. The resolution language reads as follows:
SECTION 7. Sidewalk requirement deferred. The assessments on benefited properties
include the amount of $7,980 for a sidewalk less a credit of $4, 788 which is to be paid by
the city in accordance with resolution 99-09. The benefited property owners have requested
a deferment on the installation of the sidewalk. The owners, however, do not desire, and
have not requested, a deferment of the assessments for the sidewalk. By adopting this
resolution, the council accepts the request for the deferment of the installation of the
sidewalks, which shall be deferred indefinitely. No sidewalk is to be installed at the time the
improvements listed in the title are made.
That portion of the assessments for the sidewalk as listed in the attached exhibits is still to
be included and collected in the assessments made for this Penny/Palmer Local
Improvement District, No. 81, however.
When a sidewalk is installed in the future, the then owners of the lots subject to this LID will
not be further assessed or charged for such improvement. It is'the intent of this resolution to
reflect that the lots subject to this LID have met their commitment for the payment for a
sidewalk.
G:\pub-wrks\admin~PB CouncilXLIDs~almer-Penny LID Form 21Dec.doc
Page 2
A RESOLUTION AUTHORIZING AND ORDERING THE LOCAL
IMPROVEMENTS FOR PENNY DRIVE/PALMER ROAD WITHIN THE CASA
MADRONA SUBDIVISION FOR THE PAVING, CURBS, GUTTERS, STORM
DRAINS, DEFERRED SIDEWALK AND ASSOCIATED IMPROVEMENTS
WITHIN THE LOCAL IMPROVEMENT DISTRICT AND AUTHORIZING THE
ASSESSMENT OF THE COST OF THE IMPROVEMENTS AGAINST
PROPERTY TO BE BENEFITED AND AUTHORIZING THE CITY TO BORROW
MONEY AND ISSUE AND SELL NOTES FOR THE PURPOSE OF PROVIDING
INTERIM FINANCING FOR THE ACTUAL COST OF THE LOCAL
IMPROVEMENT.
RECITALS:
A. The Council has declared by resolution its intention to develop the Improvements described
in the above title and in the improvement resolution previously adopted and to assess upon
each lot or part of lot benefited by the improvement its proportional share of the cost of the
improvement; and
B. Notice of such intention was duly given, a public hearing was held and it appears to the
Council that such improvements are of benefit to the city and all property to be assessed will be
benefited to the extent of the probable amount of the respective assessments to be levied for
the costs.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION t. A local improvement district is created and shall consist of all the tax lots described
in the attached EXhibit A. The district shall be called the Penny/Palmer Local Improvement
District, No. 81.
SECTION 2. The council intends to make local improvements to provide the improvements
described in the above title. Such improvements will be in accordance with costs estimated to
be $66,931.00 all of which will be paid by special assessments on benefited properties. Costs
will be allocated based on $3,953.35 per unit or potential unit assessment. Lots will be
assessed as specified on the attached Exhibit A.
SECTION 3. The City of Ashland is authorized to borrow money and issue and sell notes for
the purpose of providing intedm financing for the actual cost of the local improvement. The
notes may be payable from the proceeds of any bonds, issuance of additional notes or from any
other sources from which the bonds are payable. This borrowing shall be issued according to
the terms of ORS 223.235(7).
SECTION 4. The City of Ashland expects to make expenditures from its available funds to pay
for the costs of the improvement project. The City reasonably expects to issue bonds or other
obligations (the 'Reimbursement Bonds') and to use the proceeds of the Reimbursement Bonds
to reimburse the City for the expenditures it makes from its available funds for the improvement
project. To permit interest on the Reimbursement Bonds to be excludable from gross income,
the Internal Revenue Code of the United States requires that the City declare its intent to
PAGE 1-RESOLUTION palmer-pennY 21 Dec Reso. docc:,y.,.~.~.~..~
reimburse itself from Reimbursement Bond proceeds within 60 days after the expenditures are
made. The City expects that the principal amount of the Reimbursement Bonds will not exceed
$73,624.10.
SECTION 5. The assessment imposed upon benefited properties is characterized as an
assessment for local improvement pursuant to ORS 305.583(4).
.SECTION 6. The city recorder is directed to prepare the estimated assessment of the respective
lots Within the local improvement district and file it in the lien records of the city.
SECTION 7. Sidewalk requirement deferred. The assessments on benefited properties
include the amount of $7,980 for a sidewalk less a credit of $4,788 which is to be paid by the
city in accordance with resolution 99-09. The benefited property owners have requested a
deferment on the installation of the sidewalk. The owners, however, do not desire, and have not
requested, a deferment of the assessments for the sidewalk. By adopting this resolution, the
council accepts the request for the deferment of the installation of the sidewalks, which shall be
deferred indefinitely. No sidewalk is to be installed at the time the improvements listed in the title
are made.
That portion of the assessments for the sidewalk as listed in the attached exhibits is still to be
included and collected in the assessments made for this Penny/Palmer Local Improvement
District, No. 81, however.
When a sidewalk is installed in the future, the then owners of the lots subject to this LID will not
be further assessed or charged for such improvement. It is the intent of this resolution to reflect
that the lots subject to this LID have met their commitment for the payment for a sidewalk.
This resolution was read by title only in accordance with Ashland Municipal Code '2.04.090 and
duly
PASSF_~ and ADOPTED this ~/ day of ~1~'~ .... 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this ~" day of //~"~~-'~' .,.. 1999.
Approved. as to form:
, . --
Paul Nolte. Ci{y Attorney
Cathedne'M. Shaw, Mayor
PAGE 2-RESOLUTION
palmer-penny 21 Dec Reso.docc:~y~-~e,~m~r-~.,,~
II
City of Ashland
Department ,of Public Works - Engineering Division
Estimate for Palmer Road & Penny Drive L.I.D.
Street:Palmer Road & Penny Drive
Limits: South of Woodland to end
GENERAL INFORMATION
Estimate By: R. Pallady
Date: 05114/98
Revised By: J. Olson
Date: 05117199
Revised By: J. Olson
Date: 07126199
Revised By: J. Olson
Date: 09/01/99
Length of Project: 564
Width of Street: 22' WI4' sidewalk t side (on Palmer Road and Penny Drive)
Pavement Design: 4" AC
A. ESTIMA..-~D cOs~T-S .....
B. OTHER (List)
COntingency ( 5 % ) $ 2,6~; ~
C. TOTAL $55,~6.~
D. E~G!NEERING ~ 20% $11,155.00
E. PR~ECT TOTAL $66,931.~
F. CREDITS
Sidewalks -60% of $7,980 $4,788.00
Sto~ Drain - 75% of ~'600 $3,450.00
Paving - 20% of $38,260.00 $7,652.~
~ngineeHng - 50% of $11,155 $5,5~7.50
Subtotal $21,467.50
G. TOTAL ASSESSABLE COSm $45,463.50
H. TOTAL ACCESSIBLE UNIT~ ....... 11.5
,,
I. ESTIMATED COST PER UNIT $3,953.35
G:Dawn\Enginecr~,lD~almcr- Penny Revision l.lr to Nbrs 9-1-99.do¢
ESTIMATED. COST
PER LOT FOR THE IMPROVEMENT OF
PALMER ROAD AND PENNY DRIVE
CASA MADRONA SUBDIVISION
i Ill I I Ifil I Il Il lit[ ~ __
PoTENTIAL COST PER
MAP NO, TAX LOT DESCRIPTION UNITS UNIT TOTAL
~ 39-1E-15BC 3000 Lot 12 c~u,dfo~ I $3,953.35 $3,953.35
2 39-1E-15BC 3005 Lot 3 c,,~M,d~o,, 1 $3,953.35 $3,953.35
3 39-1E-15BC 3007 Lot 4 C,,,U, dfo,, I $3,953.35 $3,953.35
,t 39-1E-15BC 3008 Lot 5 c~u~d~o~ 1 $3,953.35 $3,953.35
~ 39-1E-15BC 3009 Lot 6 cmuad,~, I $3,953.35 $3,953.35
6 39-1E-15BC 3010 Lot 9 c~M,d~o,a 2 $3,953.35 $7,906.70
7 39-1E-15BC 3011 Lot 10 c~ ~o~ .5 $3,953.35 $1,976.67
,,
8 39-1E-15BC 3012 Lot 11 c,~ua~o~ .5 $3,953.35 $1,976.67
9 39-1E-15BD 6100 Lot I BIk 4 n~.~ I $3,953.35 $3,953.35
lO 39-1E-15BD 7200 " I $3,953.35 .' $3,953.35
~' 39-1E-15BD 7100 .5 $3,953.35 ~ $1,976.67
i2 39-1E-15BD 7101 .5 $3,953.35 · $1,976.67
_
.~ 13 39-1E-15BD 6900 .5 $3,953.35 $1,976.67
11.5 TOTALS $45,463,50
i ii i i ,,
Note: The costs shown are estimates only. The final assessment will be derived from
the actual costs incurred on the project. ~
ti: Dawn~Enginccr~L! D~Mmcr- Penny RcvL~km i.tr to Nhrs 9-I o99.dec
CITY OF ASHLAND
Department' of public Works
'MEMORADUM " '
DATE:
TO:
FROM:
RE: ~
April 24, 2001
CINDY HANKS, VERONICA VLACH
JAMES H. OLSON, EHG~.HEER~.%'C $~RV~C~S MANAGER
PAYMENT NO. 10 TO HARDEY FOR THE DESIGN OF
CENTRAL AVE.. LID, PENNY/PALMER LID & SISKIYOU BLVD.
SANITARY SEWER PROJECTS
ii i i i i iiii I
Hardey Engineering has requested tenth progress payment for services rendered in the
design of the Central Avenue, Penny Dr., Palmer Road and the Siskiyou Blvd. Sanitary
sewer line. Please make payments as follows:
Contractor:
Hardey Engineering & Associates Inc.
PO Box 1625
Medford OR 97501
-Project Title: 1. Central Avenue LID 2. Penny/Palmer LID
3. Siskiyou Blvd. Sanitary Sewer Line 4. Union Street (Survey)
Project No.: 1. 99-17 2. 99-22 3. 99-23
Purchase order. Requisition No 2009 (Revised 00511)
Account N°.: 1. 41'0.03.41.00.704200 2. 410.03.41.00.704200 3. 675.08.17.00.604100
Contract Amount: 1. $tl,000+$3,500 2. $10,000 3. $5,000
Total Combined Amount: $29,000 + Change Order #1 @ 8,500 = $37,500
COST ALLOCATION
" PROJECT AccoU~IT'No. TOTAL COST TO DATE pAyMENTS T° DATE "' CURRENT
CENTRAL AVE. ' 410.03.41.00.704200 $ 14,500.00 $ 14,500.0~' $ -
PENNY~ALMER · 410.03.41.00.704200 $ 8,9!6.87 $ 8,916.87. $ -
$1SKIYOU SS 675.08.17.00.604100 $ 7,609.72 $ ' 7,609.72$ -
UNIONST - * $ 5,273.29 $. 4,931.08$ 342.21
TOTAL $ 36,299.88 $ 35,957.67 $ 342~21
,,, ,,
PLEASE PAY:
*Includes work beyond the odginal scope of services.
$ 342.21
CC: Paula Brown
Hardey Engineering
G:Dawn~E*nglneer~D\cA PD & PR LID Hardey Payment 10.xls
CITY OF ASHLAND.
Department of' Public Works
. DATE:
TO:
FROM:
RE:
· .
MEMORADUM
May i 0, 2001
Cindy Hanks, Vero~13~c~\Vlach
James H. Olson ~'O
Final Progress Payment No. 8 2000 Street Improvement Project No. 2000-09
Ledford Construction Company has requested, final progress payment #8 on the
2000 Street Improvement Project No. 2000-09.
Please make payment to the following'
Contractor:
Ledford Construction Co.
PO Box 910
Medford OR 97501
Project Title:
Project No.:
Purchase Order:
Account No.:
Contract Amount
Retainage:
Change Order:
2000 Street Improvement Project
2000-09
1302
410.03.41.00.704200
$292,520.00
5% Reduced to 2.5%
CO #1 - Electrical Work
Amount CO 1: $
Amount CO 2: $
Amount CO 3 $
Amount CO 4: $
'690.11'.18.00.704100.
9,549.00 Adjusted Contract Amount $
342.13 Adjusted Contract Amount $
2,500.00 Adjusted Contract Amount $
2,449.60 New Contract Amount $
302,069.00'
302,411.13
304,911.13
307,360.73
PAYMENT SUMMARY
COSTS $ 286,669.29 $ 234,964.73 $ 51,704.56 $ 307,360.73 100%
,
RETAINAGE* $. 7,166.73 $ 5,874.12 $ 1,292.61 $- 286,669.29
$ 279,502.56 $ 229,090.61 $ 50,411.95 $ 20,691.44 **
PLEASE PAY: $ 50,411.95
*NOTE: Retainage ~ 2.5% under this payment.
**Amount to be recaptured.
CC: Paula Brown
Kelly Churchill, Leclford Construction
G:Dawn~Englneer~Pr°JeCt~o00-O9 Ledford Payment 8.xls
2000 STREET IMPROVEMENT PROJECT
PROJECT NO. 2000-09
PROGRESS PAYMENT NO 8 (FINAL)
.,,
COST ALLOCATION BY STREET
CONTRACT AMOUNT
STREET CONTRACT AMOUNT COST TO DATE REMAINING
.PENNY/PALMER $ 78,633.00 $ 71,:~83.57 $ ~ 7,349.43
CENTRAL AVENUE . .$ 72,046.00 $ 73,635.29 "$' (1,589'.29)
UNION STREET $ 141,841.00 $ 127,609.70 $ 14,231.30
,,,
CHANGE ORDERS $ 14,840.73$ 14,140.73 $ 700.00
.... 'I:OTALS~ $ 307,360.73 :~' 2~6,669.29 $ 20,691.44
,
Status
Complete
Complete
Complete
complete
G:Dawn~.ngineer~n~ect~2000-09 Ledford Payment 8~'15
CITY OF I
dkSHLAND
Public Works - Engineering Division
Final Costs for Helman Street Sidewalk LID No. 82
Street: Helman Street
Limits Central Avenue to Nevada Street
I. GENERAL INFORMATION
Length of Project:
Nature of Project:
3940 Feet
Install concrete sidewalks, curb extensions and improved crosswalks
II. PROJECT SUMMARY
The Helman Street Sidewalk Improvement Project was authorized for construction as Local
Improvement District No. 82 by Resolution No. 2001-28. The resolution was approved on
October 3, 2001. Bids for construction of this work were received on November 1 5, 2001 and
a contract was awarded to Reed Construction Co. of Eagle Point, Oregon. The project was
recently completed following the Central Oregon and Pacific's completion of the railroad
crossing.
During the course of this project development it was determined that the City would fund 75%
of construction costs and 100% of the engineering cost.
III. FINAL LID COSTS
The originally estimated construction cost for this project was $153,265.00. A CBDG grant of $7,800
was anticipated for the construction of handicap access ramps, however, the revised grant allocation
procedures did not allow participation in that work.
Final costs of the project included publications (contract bidding and LID notifications) plus the cost
of recording the liens. No engineering costs have been charged. The final total project cost is
$146,212.73 which is just slightly higher than the original cost less the grant. Overall property
owners will pay $6.67 more or 1.2% more than estimated.
The original estimated LID cost was Computed as follows:
Estimated Construction Costs
Less CDBG Grant
Subtotal
City Participation at 75%
Amount to be Assessed
Assessment Rate
$153,265.00
$ 7,800.00
$145,465.00
$109,099.75
$ 36,366.25
$366,366.00/67=
Total $ 543
A. FINAL COST[~
TOTAL CONSTRUCTION
B. OTHER (LIST)
1. Work by Railroad
2. Work by Versatile Concrete Inc
3. Publication Costs
4. Recording Costs
C. PROJECT TOTAL
D. CREDITS (CITY COSTS)
75% of Project
E. TOTAL ASSESSABLE COST
F. TOTAL ACCESSIBLE UNITS
G. ESTIMATED COST PER UNIT
H. ACTUAL COST PER UNIT
,
$ 131,237.26
$ 9,211.50
$ 1,803.75
$ 632.22
$ 3,328.00
$ 146,212.73
$ 109,659.55
$ 36,553.18
66.5
$ 543.00
$ 549.67
Account Delegation
Street 260.08.12.00.704100 $ 81,209.05
[SDC 260.08.35.00.704100 $ 28,450.50
ILID 260.08.41.00:704100 $ 36,553.18
Total $ 146,212.73
* Note: 100% Engineering costs borne by Engineering Division (In-house city costs)
G~q%ib~s~Eks~ ng~:h#J4~ffmb~lK~d~t4mm~ S4 S&MIc find ~ 5 0)Jk
CITY OF
:ASHLAND
Cou nci I ,C om m u n icati o n
Title:
A Resolution Authorizing and Ordering Improvements Consisting of
Sidewalk and Associated Improvements for Helman Street, Between Van
Ness Avenue and Nevada Street.
Dept:
Date:
Submitted By:
Submitted By:
Approved By:
Public Works Department
October 2, 200]
Paula Brown/~/~.~"'""
Paul Nolte
Greg Scoles
Synopsis:
The attached resolution authorizes the formation of a local improvement district to construct sidewalks,
improved crosswalks, access ramps and other related street and sidewalk improvements on Helman
Street between Van Ness Avenue and Nevada Street.
Recommendation:
Staff recommends that Council adopt the attached resolution authorizing the formation of the Helman
Street Sidewalk Local Improvement District.
In lieu of a majority petition response, it is suggested that the Council, on its own initiative, in
accordance with AMC Section 13.20.020 form the Hclman Street Sidewalk LID.
Fiscal Impact:
The total project estimate is $153,265 and is in the current Capital Improvement Plan for FY02. Under
resolution 99-09, which established cost sharing for LIDs, the City is obligated to pay a majority of
sidewalk, storm drain and engineering costs. During the course of several neighborhood meetings it was
suggested that the City pay 75% of the construction costs and '100% of the engineering costs. The City
performed the engineering design in house and will provide all of the const .ruction management support.
The 75% is based upon the nature of the project. As the primary purpose is to install sidewalks - and
the resolution obligates the City to pay for 75% of sidewalks, it seemed appropriate that the City pay for
75% of the construction. The following is a breakdown of the City's obligation under this
recommendation:
Total Construction Cost
Less CB DG Grant
Subtotal
City Participation at approx 75%
..
Amount to be Assessed
$153,265.00
7,800.00
$145,465.00
$109,084.00
$36;381.00 - a cost of $543.00 per lot.
GApub-wrks~admin\PB Council~LIDs\CC Helman Reso 2.do¢
Page I
Background:
In 1985, the City of Ashland formed the Transportation Planning Advisory Committee (TPAC) to
identify and implement improvements to the pedestrian ways in Ashland. Fifteen individual projects
were identified and prioritized according to the need, benefit and cost. To date, 12 of the original 15
projects have been completed leaving only Helman Street, Laurel Street and Nevada.Street yet to be
finished. All of the previous projects have been centered around school zones and are identified as
safety routes to school.
Sidewalk construction on Helman Street fulfills a need to provide a safe and continuous school route for
neighborhood students attending Helman and Brisco Elementary Schools Currently, the section of
Helman Street north of Van Ness Avenue has only a few sporadic sections of sidewalk. Where there are
no sidewalks, the area behind the curb is not conducive to pedestrian travel. It is often muddy, uneven,
and has bushes, weeds or other vegetation in the way. Pedestrians are forced to walk in the street,
sometimes way oUt in the street as there is parking allowed along both sides of the street. This is not a
safe practise, especially for young school children and otherS needing a protected place to walk. The
traffic volumes on Helman are over 2400 vehicles per day on a relatively narrow and windy section.
.~
This project would provide a continuous sidewalk on the west (schoOl) side of Helman and will also
provide some additional sidewalks to complete heavily traveled blocks on the east side of the street.
Two enhanced pedestrian crossings and full ADA accessible ramps will be constructed along the entire
section. This project has received overwhelming support from the Bicycle & Pedestrian and the Traffic
Safety Commissions, and the Ashland City Council. Property owners in the area have also been
supportive of the project and the need to improve safety for pedestrians. Staff unsuccessfully applied for
a grant through the Oregon Department of Transportation's Pedestrian or Bicycle Improvement Grants.
On August 21,2001, Council approved Resolution 01-24 which established the date for public hearing
to consider the formation of the Helman Street Sidewalk Local Improvement District. The City
Recorder mailed the attached Notice of Public Hearing to all property owners within the proposed
assessment district and as listed on attached Exhibit A. The notice was mailed over thirty days in
advance of the public hearing date.
Staff has held several neighborhood meetings and has had individual discussions with the property
ownerS regarding the design. The current design accommodates the majority of the concerns and stays
within current fight-of-ways with the exception of a section of the Reynolds property, which will be
granted as an easement to accommodate the sidewalk. Staff has received several requests for
clarification of assessment and construction issues, but has received no formal objections to the
formation of the district. Staff responded, to two complaints regarding the completion of the assessment;
one dealt with the requirement to participate as the individual's driveway would constitute a "sidewalk"
and the Other dealt with the need for sidewalks in general.
Attachments:
Vicinity Map
LID Boundary Map
Resolution Form
Exhibit A
G:~pub-Wrks~admin\PB Council\LIDs\CC Helman Reso 2.doc
Page 2
,-" /
/
/ /
/ / /
'-Q, / !
Proposed L I D Boundary
_
Plat Mop Boundary
Plat Mop Number
Properties with
existing sidewalk.
,t
q
·
A RESOLUTION AUTHORIZING AND ORDERING IMPROVEMENTS
FOR HELMAN STREET, BETWEEN VAN NESS AVENUE AND
NEVADA STREET CONSISTING OF SIDEWALK.AND ASSOCIATED
IMPROVEMENTS WITHIN THE'HELMAN STREET SIDEWALK'LOCAL
IMPROVEMENT DISTRICT NO. 82 AND AUTHORIZING THE
ASSESSMENT OF THE COST OF THE IMPROVEMENT AGAINST
PROPERTY TO BE BENEFITED AND AUTHORIZING THE CITY TO
BORROW MONEY AND ISSUE AND SELL NOTES FOR THE
PURPOSE OF PROVIDING INTERIM FINANCING FOR THE ACTUAL
COST OF THE LOCAL IMPROVEMENT.
RECITALS:
A. The Council has declared by resolution its intention to develop the improvements
described in the above title and in the improvement resolution previously adopted and
to assess upon each lot or part of lot benefited by the improvement its proportional
share of the cost of the improvement; and
B. Notice of such intention was duly given, a public headng was held and it appears
to the Council that such improvements are of benefit to the city and all property to be
assessed will be benefited to the extent of the probable amount of the respective
assessments to be levied for the costs.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION !- A local improvement distdct is created and shall consist of all the tax lots
described in the attach.ed Exhibit A. The district shall be called the Helman Street
Sidewalk Local Improvement Distdct No. 82.
.SECTION 2. The council intends to make local improvements to provide the
improvements described in the above title. Such improvements will be in accordance
with costs estimated to be $153,265.00, of which $36,381.00 will be paid by special
assessments on benefited properties. Costs will be allocated based on $543;00 per unit
or potential unit assessment. Lots will be assessed as specified o the attached
Exhibit A.
SECTION 3. The City of Ashland is authorized to borrow money and issue and sell
notes for the purpose of providing interim financing for the actual cost of the local'
improvement. The notes may be payable from the proceeds of any bonds, issuance of
additional notes or from any other sources from which the bonds are payable. This
bor.rowing shall be issued according to the terms of ORS 223.235.(7).
SECTION 4. The City of Ashland expects to make expenditures from its available funds
to pay for the costs of the improvement project~ · The City reasonably expects to issue
PAGE I - RESOLUTION
G:~ub-wrks~-mg~ept-admin%lO~lelman Sidewalk Authorizing Resolution.doc
bonds or other obligations (the "Reimbursement Bonds') and to use the proceeds of the
Reimbursement Bonds to reimburse the City for the expenditures it makes from its
available funds for the improvement project. To permit interest on the Reimbursement
Bonds to be excludable from gross income, the Internal Revenue Code of the United
States requires that the .City declare its intent to reimburse itself from Reimbursement
Bond proceeds within 60 days after the expenditures are made. The City expects that
the principal amount of the Reimbursement Bonds will not exceed $40,019.10.
SECTION 5. The assessment imposed .upon benefited properties is characterized as
an assessment for local improvement pursuant to ORS 305.583(4).
.SECTION 6. The City Recorder is directed to prepare the estimated assessment of the
respective lots within the local improvement district and file it in the lien records of the
city.
..
T-~iS resolution Was'read by title only in accordance with Ashland Municipal Cod
2.04.090 and duly
B~rbara Christensen, City Recorder
·
SIGNED and APPROVED this .~ day of ~)~ .., 2001.
Alan W. DeBoer, Mayor
Paul Nolte, City Attomey
PAGE 2 - RESOLUTION
G:~pub-vwks~w~g~dept-admin~LID~-Ielman Sidewalk Authorizing Resolution.doc
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..
C~?Y OF
-ASHLAND
Public Works - Engineering Division
Payment Memorandum
Date:
To:
From:
Re:
March 18, 2003
Veronica Vlach
James H. Olson
PROGRESS PAY/~tENT NO. 4 (FINAL) FOR THE HELMAN STREET SIDEWALK CONSTRUCTION
PROJECT NO. 00-38
Coy Reed' of Reed Construction has requested fourth progress payment for services rendered in the construction of the
Helman Street Sidewalk Project.
Please make payment as follows:
Contractor: REED CONSTRUCTION
PO BOX 166
EAGLE POINT OR 97524
Project Title:
Project No.:
Purchase Order No.:
Account No.-
Contract Amount:
Change Order: NO. 1
HELMAN STREET SIDEWALK CONSTRUCTION
2000-38
2889
260.08.12.00.704200
260.08.35.00.704200
$ 116,919.00
$ 15,1o6.oo
96,750.00
32,250.00
Adjusted Contract Amount: $ 132,025.00
Retainage released
COST ALLOCATION
TOTAL PAYMENTS TO CURRENT AMOUNT
DESCRIP'J'ION COST TO DATE DATE. DUE
COSTS $ !.3!,237.26 $ 130,724.26 $ 513.00
RETAINAGE* . $ - $ (3t268.11) $ 3,268.11
, $ 131,237.26 .$ 127,456.15 $ ..3,781.1~!
*Project is now complete, reca
AMOUNT
P, EM~NING % C6mplete
$ 132~025.00 100.0%
$ 131,237.26
$ 787.74
)ture remaining $787.74 from PO 2889.
Please Pay: $ 3,781,11
CC:
Paula Brown
Roger Balbo
Coy Reed
G:PubWodc~E~~ln~Engineef~amJecNX)-3a RL-~ed Payment 43ds
RESOLUTION NO. 99- ~
A RESOLUTION RELATING TO LOCAL IMPROVEMENT DISTRICTS
(LIDs) AND ESTABLISHING: THE CITY'S PARTICIPATION .IN LIDs;
THE POTENTIAL UNIT METHOD TO DETERMINE ASSESSMENTS;
THE MAXIMUM ASSESSMENT FOR RESIDENTIAL LOTS AND
REQUIRED PROCESS TO INCLUDE NEIGHBORHOODS IN LID
PLANNING.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. City Participation in LIDs.
A. Except as provided in paragraph B, the city. shall contribute the following'
amounts to reduce assessments in any local improvement district (LID) formed after
the date of this resolution, to improve local streets serving a residential
neighborhood:
60% of the total costs for sidewalk improvements;
75% of the total costs for storm drain improvements;
20% of the total costs for street surface improvements; and
50% of the total costs for engineering and administrative.
B. Unless the council so directs by further resolution, no contribution will be
made by the city under this section for LIDs formed after the date of this resolution if
the LID improvements are required to be made by an owner or developer as a
condition of approval for a subdivision or partition.
SECTION 2. Potential Unit Method to Be Utilized: In determining the method to 'be
utilized for charging assessments against benefitted properties in LIDs formed after
the date' of this resolution to improve local streets serving a residential
neighborhood, the potential unit method, rather than the frontage foot method, shall.
be the preferred method. The potential unit method is' that method which determines
the maximum number of potential units on properties within a proposed local
improvement district by taking into consideration the zoning, densities, topography,
transportation, utilities and such other factors as necessary to evaluate the'
development potential of the properties. The planning department shall be
responsible for initially determining the potential units for each property within a
proposed LID.
SECTION 3. Maximum Assessment on Residential Properties.
A. The maximum amount any residentially zoned lot may be assessed as a
benefitted property within an LID to improve local streets serving a residential
neighborhood and which is formed after the date of this resolution is $4,000 .plus
$4,000 for each potential unit within such residentially zoned lot. This maximum
amount shall be increased to account for-inflation annually on April l't based on the
PAGE 1-RESOLUTION
.,
Engineering News Record Construction Cost Index (ENR Index) for Seattle,
Washington. The current index is established at 5990.77.
B. There. shall be no maximum amount, however, on lots owned by the city or
on lots where the LID improvements are required to be made by an owner or
developer as a condition of approval for a subdivision or partition.
C. Prior to the adoption of the assessment resolution levying final
assessments as provided in AMC § 13.20.060.E:
1. Any owner may pay the estimated assessment on the lot and potential
units, plus ten percent, or
2. Any owner not subject to subsection B above, may pay the lesser of the
estimated assessment on the lot and potential units, plus ten percent, or the
maximum amount described in subsection A above..
Upon such payment, the assessment shall be deemed satisfied and the final
assessment resolution shall reflect that the assessment has been paid.
SECTION 4. Neighborhood Planning Process. Prior to the formation of an LID, city
staff shall notify the residents of the affected neighborhood of the possibility of the
LID formation. Residents shall be given the opportunity to comment and make
suggestions on initial street design and potential units. Minimum street standards
shall be maintained, however, unless the council by resolution specifically authorizes
specific changes for a particular project.
This resolution was read by title only in accordance with Ashland Municipal Code
Barbara Chdstensen, City Recorder
SIGNED and APPROVED this ~ day of
Catherine M. Shaw, Mayor
Paul Nolte, City.Attorney
PAGE 2-RESOLUTION F:~USER~AUL~ORD~IId reso n98.wpd
RESOLUTION NO. 2003-
A RESOLUTION SETTING PUBLIC HEARINGS FOR
ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN
THREE LOCAL IMPROVEMENT DISTRICTS: 1) CENTRAL
AVENUE LOCAL IMPROVEMENT DISTRICT NO. 80; 2) PENNY
DRIVE / PALMER ROAD LOCAL IMPROVEMENT DISTRICT
NO. 81; AND 3) HELMAN STREET SIDEWALK LOCAL IMPROVEMENT
DISTRICT NO. 82.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City Council having received proposed assessments to be charged
against each lot within the Central Avenue Local Improvement District; Penny Drive /
Palmer Road Local Improvement District; and the Helman Street Sidewalk Improvement
District, orders that a public headng be held to consider any objections to these
assessments at 7 p.m., August 19, 2003, in the City of Ashland Council Chambers at
1175 East Main Street. The city recorder is directed to mail the attached notices of the
proposed assessments to the owners of the lots to be assessed.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 and duly PASSED and ADOPTED this
dayof
2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of ,2003.
~a~i 6ity Attorney
Alan W. DeBoer, Mayor
NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS
TO FINAL ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN
THE CENTRAL AVENUE LOCAL IMPROVEMENT DISTRICT NO. 80.
Please take notice that the Ashland City Council will hold a public hearing to
consider written objections to the final assessments for the assessment district
described above. The final assessments, a description (by tax lot) Of the property to
be assessed, and the name of the property owner are attached to this notice.
The public hearing will be held at:
7 p.m., August 19, 2003
Council Chambers
1175 East Main Street
Ashland, Oregon 97520
The Ashland Municipal Code requires that any objections that are filed must be in
writing and must state the specific grounds for the objection.
Objections must be received by:
5 p.m., August 18, 2003,
and may be delivered or mailed to the:
City Administrator
20 East Main Street
Ashland, Oregon 97520
Please note that assessments may be modified by the council and will be levied by
the council after the hearing, will be charged against the property, and will be
immediately payable in full or in installments (if applicable) following the levy.
Barbara Christensen, City Recorder
G:~IaI~AUL\ORD%~ID Notice Central Ave 0703.wpd
III. CITY COSTS
A portion of the work on Central Avenue is outside the local improvement
district and constitutes a rebuild of the existing improved street. This work will
not be funded from the assessment account. This work includes:
Bid Item
# DescriPtion Units Unit Price Total Cost
1 Mobilization Lump Sum 50% $ 1,100.00
2 Site Work Lump Sum 50*/0 $ 2,125.00
3 Excavation 100 CY $ 12.00 $ 1,200.00
7 AC Paving 139 TONS $ 45.00 $... 6,255.00
8 Curb & Gutter 182 LF $ 7.00 $ 1,274.00
9 Sidewalk 90 SF $ 3.00 $ 270.00
13~ HandiCap Ramp ... 4 EA $ 325.00 $ .1,300.00
14. Remove Curb . 180 LF $ 3.50 $ 630.00
15 Remove AC and Walk 600 SY $ 3.75 $ 2,250.00
16 48 inch Manhole 2 EA $ 1,300.00 $ 2,600.00
.,
17 Curb Inlet 1 EA $ 675.00 $ 675.00
.,
19 Catch Basin 1 EA $ 550.00 $ 550.00
21 Connect to Catch Basin 1 EA $ 550.00 $ 550.00
,
22 IConcrete Cap Lump sum 100% $ 300.00
24 12 inch Strom Drain 115 LF $ 28.00 $ 3,220.00
25 12 inch Storm Drain (reinforced) 95 LF $ 34.00 $ 3,230.00
TOTAL $ 27t529.00
IV. FINAL LID COSTS
, ,
A. FJNAL COSTS
$ 73,635.29
TOTAL CONSTRUCTION
B. OTHER (LIST)
LESS CITY COSTS $ (27,529.00)
C. TOTAL $ 46,106.29
D. ENGINEERING $ 14~500.00
E. PROJECT TOTAL $ 60,606.29
G. TOTAL ASSESSABLE COST $ 60,606.29
H. TOTAL ACCESSIBLE UNITS 1
I. COST PER UNIT* $ 60,606.2!
,,
Street Fund $ 22,02.3.2.0
SDC Funds $ 5,506.80
City Costs $ 27,530.00
Estimated Cost per unit per Resolution 99-39 was $60,600.00
V. ASSIGNMENT OF ASSESSMENT
The Total assessable cost for the Central Avenue Assessment District shall be assigned as follows:
MAP NO. TAX LOT OWNERSHIP DESCRIPTION UNITS COST PER UNITS TOTAL
391E9BB 400 Westridge Investments LLC Parcel #2 Partition Plat 1 $ 60,606.29 $ 60,606.29
202 E. Trent Avenue, Ste 400 #P-91-1996
Spokane WA 99202
G:PubWod~s~En&ROe~ln~LIERCenlral Ave Fb~l Co~ S 03.xls
NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS
TO FINAL ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN
THE PENNY DRIVE / PALMER ROAD LOCAL IMPROVEMENT DISTRIC.T NO. 81.
Please take notice that the Ashland City Council will hold a public hearing to
consider written objections to the final assessments for the assessment district
described above. The final assessments, a description (by tax Iot)'of the property to
be assessed and the name of the property owner are attached to this notice.
The public hearing will be held at:
7 p.m., August 19, 2003
Council Chambers
1175 East Main Street
Ashland, Oregon 97520
The Ashland Municipal Code requires that any objections that are filed must be in
writing and must state the specific grounds for the objection.
Objections must be received by:
5 p.m., August 18, 2003,
and may be delivered or mailed to the:
City Administrator
20 East Main Street
Ashland, Oregon 97520
Please note that assessments may be modified by the council and will be levied by
the council after the hearing, will be charged against the property, and will be
immediately payable in full or in installments (if applicable) following the levy.
Barbara Christensen, City Recorder
GNegaI~PAUL\ORD~L%ID Notice Penny Dr-Palmer Rd 0703.wpd
0
NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS
TO FINAL ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN
THE HELMAN STREET SIDEWALK LOCAL IMPROVEMENT DISTRICT NO. 82.
Please take notice that the Ashland City Council will hold a public hearing to
consider written objections to the final assessments for the assessment district
described above. The final assessments, a description (by tax Iot)'of the property to
be assessed, and the name of the property owner are attached to this notice.
The public hearing will be held at:
7 p.m., August 19, 2003
Council Chambers
1175 East Main Street
Ashland, Oregon 97520
The Ashland Municipal Code requires that any objections that are filed must be in
writing and must state the specific grounds for the objection.
Objections must be received by:
5 p.m., August 18, 2003,
and may be delivered or mailed to the:
City Administrator
20 East Main Street
Ashland, Oregon 97520
Please note that assessments may be modified by the council and will be levied by
the council after the hearing, will be charged against the property, and will be
immediately payable in full or in installments (if applicable) following the levy.
Barbara Christensen, City Recorder
G:~IegaI~AUL\ORD~ID Notice Helman Street 0703.wpd
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CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved:
Resolution Amending Resolutions 2003-12 and 2003-13 Delaying the Start Date
of the Utility Rate Increases from Cycle 1 to Cycle 3.
Finance Department
July 15' 2003 i~nml~ ~~.,
Lee Tuneberg, ce Director
Gino Grimaldi, City Administrator
Synopsis:
This resolution documents Council's June 17, 2003, verbal approval to delay the implementation of
utility bill increases approximately one week by starting with Cycle 3 instead of Cycle 1. This is being
done to more fairly treat customers by rotating which cycle is first impacted by an increase.
Recommendation:
Staff recommends approval of this resolution.
Fiscal Impact:
The estimated impact is less than $20,000 in lost revenue for a delay of one week in implementing new
i'ates.
Background:
Utility rate increases and decreases have normally been done in the beginning of July starting with Cycle
1. This is done to correspond as close as possible to the start of the fiscal year for statistical record
keeping on consumption and related revenue tracking.
Since rates have a tendency to go up, the earlier cycles are required to pay a higher amount sooner under
this methodology. Customers have asked for a system that is more fair such as prorating all July bills
back to a common start date like July 1. Such an approach is possible but costly in implementation,
auditing and management.
In an effort to accommodate customers, a non-programming approach that rotates on which cycle an
increase, or decrease, is implemented gives everyone an opportunity to be first (or last). In July, 2002,
the rate increases were effective with Cycle 5 (mid-July) attempting to "even out" the impact between
two years where one year it is done at the beginning and the other half way through. This was deemed
closer to the goal but not quite acceptable.
Since the city bills several cycles per week, for simplicity sake, a rotation by week (cutting the month into
fourths) comes acceptably close to the goal per the impacted parties. With that in mind, we have
established a rotation plan as follows for rate changes:
Fiscal Year
Cycles Billed First
2001-2002 Cycle 1 & 2
2002-2003 Cycle 5 & 6
2003-2004 Cycle 3 & 4
2004-2005 Cycle 7 & 8 & 9
2005-2006 Cycle 1 & 2
2006-2007 Cycle 3 & 4
2007-2008 Cycle 5 & 6
2008-2009 Cycle 7 & 8 & 9
The above table will be used to implement increases or reductions in water sewer, storm drain, street user
and electric rates and surcharges.
RESOLUTION NO. 2003-
A RESOLUTION AMENDING RESOLUTIONS 2003-12 AND 2003-13
DELAYING THE START DATE OF THE UTILITY RATE INCREASES FROM
CYCLE 1 TO CYCLE 3
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The Electric and Water rates were revised by Resolutions 2003-12 and 2003-
13 on May6th, 2003, for implementation after July 1, 2003, starting with the billing of Cycle
SECTION 2. The City of Ashland has identified it is in the best interest of the City and
customers to delay the implementation to begin with Cycle 3 approximately one week later.
SECTION 3. The City has also identified that using a rotating schedule for rate increases
and decreases is deemed more fair until such time as a programming change to the utility
billing system occurs that allows a better system such as proration of all bills to an agreed
upon implementation date. The anticipated rotation schedule for beginning cycles for billing
increases or decreases by fiscal year is 2004, Cycle 3; 2005, Cycle 7; 2006, Cycle 1; 2007,
Cycle 3; 2008, Cycle 5; 2009, Cycle 7 and to continue using a 1, 3, 5 and 7 rotation.
SECTION 4. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
{}2.04.090 duly PASSED and ADOPTED this 15th day of July, 2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this15th day of July, 2003.
Reviewed as to form:
Paul I~o1' ~fe, City Attorney
Alan W. DeBoer, Mayor
1- Resolution Amending July 2003 Utility Rate Increasess Start DateG:\legal\PAUL\FORMS\resolution
form.wpd
RESOLUTION NO. 20.03-
A RESOLUTION REVISING RATES FOR ELECTRIC
SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE
SECTION 14.16.030 AND REPEALING RESOLUTION
2002- 09.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The electric rate schedules are increased 7.5% for rates for electric
service provided by the City Ashland effective with Cycle one billings prepared on or
after July 1,2003 as per the attached rate tables.
SECTION 2. The City of Ashland adopts a 20.8% surcharge (increased from 16.0%) on
billings for electric usage in addition to charges specified in Section 1 to help pay for
wholesale rate increases on power supplied to the City of Ashland by the Bonneville
Power Administration effective with Cycle one billings prepared on or after July 1, 2003.
The new surcharge rate is $0.00801/kwh.
SECTION 3. The surcharge revenue is not subject to the Electric Utility Tax or included
in the franchise fee calculation for General Fund Revenues.
SECTION 4. Three copies of this resolution shall be maintained in the Office of the City
Recorder.
SECTION 5. Classification of the fee. The fees specified in Section 1 and Section 2 of
this resolution is classified as not subject to the limits of Section 1 lb of Article XI of the
Oregon Constitution (Ballot Measure 5).
SECTION 6. Resolution 2002-09 is repealed.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.~.09.0 duly PAS, y~./D and ADOPTED this 6th day of May, 2003.
Barbara Christensen, City- Re~:~)~der
SIGNED and APPROVED this 6th day of May, 2003.
Alan W. DeBoer, Mayor
1Saul Nolte, City Attorney
1- Resolution form - Electric rates 2003G:\legal\PAUL\FORMS\resolution form.wpd
RESOLUTION NO. 2003-
A RESOLUTION REVISING RATES FOR WATER
SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE
SECTION 14.04.030 AND REPEALING RESOLUTION
2002- 08.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The water rate charges and rates as shown on the water rate schedule
attached as Exhibit "A" shall be effective with Cycle one billings prepared on or after
July 1,2003.
SECTION 2. One copy of this resolution shall be maintained in the Office of the City
Recorder.
SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of
this resolution is classified as not subject to the limits of Section 1 lb of Article XI of the
Oregon Constitution (Ballot Measure 5).
SECTION 4. Resolution 2002-08 is repealed.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this 6th day of May, 2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this 6th day of May, 2003.
Alan W. DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
1- Resolution form - Water rates 2003G:\legal\PAUL\FORMS\resolution form.wpd
CiTY OF
SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved:
A Resolution Authorizing an Interfund Loan to the Telecommunications Fund.
Finance
July 15, 2003 p0~ o~
Lee Tuneberg,'Finance Director
Gino Grimaldi, City Administrator ~<~
Synopsis:
This resolution permits the City to borrow money from one fund and to transfer to another. The
Telecommunications Fund will be borrowing from the Wastewater Fund in accordance with the adopted
FY 2003-2004 budget.
Recommendation:
Staff recommends approval of the attached resolution.
Fiscal Impact:
Approval funds operations in the Telecommunication Fund up to the appropriation limits established
within the adopted budget.
Background:
ORS requires the City Council to authorize a loan from one fund to another. If a loan if not repaid by
the end of the fiscal year, it must be budgeted and repaid in the following year's budget. The borrowing
fund will pay interest based on the Local Government Investment Pool interest rate at the date of the
loan, or the date of repayment, whichever is higher.
The Telecommunications Fund loan of $6,950,000 will provide cash flow for the accumulated operating
losses and for operating costs during FY 2003-2004 for the Ashland Fiber Network. This amount is
consistent with the adopted 2003-04 budget.
Additional funds needed beyond the prior year amount are loaned only when cash flow in the borrowing
fund requires it. An example is the borrowing of $5.9 million in FY 2002-2003 when $6.625 million
was budgeted and authorized. Per Budget Committee and Council direction, staff is reviewing the
financing plan for AFN and any changes to this authorization will be brought back for approval.
RESOLUTION NO. 2003-
A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE
TELECOMMUNICATIONS FUND
Recitals:
A. ORS 294.460 requires an ordinance or resolution to permit a loan from one fund to
another; and
B. A loan cannot be made from a debt service fund to any other fund, and
C. If the loan will not be repaid by the end of the fiscal year, it must be a budgeted
requirement in the following year's budget.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The Finance Director is hereby authorized to borrow up to $2,275,000 from
the Water Fund, up to $4,275,000 from the Wastewater Fund and up to $400,000 from the
Electric Fund for the Telecommunications Fund.
SECTION 2. The loan will be made prior to July 31,2003, or as needed throughout the
fiscal year and will be repaid with accrued interest prior to July 31, 2004.
SECTION 3. Interest will be charged at the Local Government Investment Pool interest rate
at the date of the loan or the date of repayment, whichever is higher. Interest shall be paid
quarterly.
SECTION 4. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this 15th day of July, 2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this 15th day of July, 2003.
Reviewed as to form:
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
1- Resolution Authorizing Interfund Loan- 2004G:\legal\PAUL\FORMS\resolution form.wpd
CITY OF
, SHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
An Ordinance Correcting a Clerical Error in the Ordinance Levying Property
Taxes (Ordinance No. 2897) and Declaring an Emergency.
Finance Department
July 15, 2003 ~Xh
Lee Tuneberg, Finance Director
Gino Grimaldi, City Administrator
Synopsis:
Ordinance No. 2897 levying taxes £or the period o£ July 1, 2003 to and including June 30, 2004 included
a typographical error in Section #1. The rate was typed as $3.5640 and should have been $3.5644 to
agree with the other documents including thc tax revenue estimate and the detailed rates listed in Section
#2 o£ the same ordinance.
Recommendation:
Staff recommends approval of the attached Ordinance under emergency conditions.
Fiscal Impact:
There is no material fiscal impact. I£ the lower rate was assessed the city would receive $605 less.
Background:
The total rate presented in Section #1 o£ the ordinance should be the sum of the detailed rates presented
in Section #2 and both must agree with the Local Budget form (#50) submitted to the County to certify
the rate. This correcting ordinance will do that and keep the city compliant with Oregon Budget Law.
Attached are the action minutes from the May 8th, 2003 Budget Committee meeting where the $3.56440
rate was approved by motion #5.
Budget Committee Meeting
Action Minutes
May 8, 2003, 7:00pm
.
J
.
.
1
Motions:
Hold over from May 3rd meeting. DeBoer/Moore mis to modify request
from social service grants $18,000. Table motion moore/Hartzell table
motion all ayes. Community Works the Grove $9,0001CCA $9,000. Vote
all no.
Laws motioned: For one year to increase social service grants by
$25,000.00. $18,000 comes from savings of $151,000 transferred from
Street fund and the $7000.00 comes from General fund balance. Silbger
second the motion. All in favor.
Moore motioned: Asked that the council look at the current allocation
of TOT. Jackson second. All yes except Amarotico.
Hartzell motioned: To increase Fire by $16,000.00 to allow Division Fire
chief. Died for lack of second.
DeBoer motioned: I move that the City of Ashland budget committee
approve and convey the amended budget to council for adoption, and
approve taxes for the 2003-2004 fiscal year at the rate of $3.56440 per
$1000 of assessed value for operating purposes and in the amount of
$598,000 for payment of bond principal and interest and at the rate of
$1.38000 per $1000 of assessed value as the Youth Activities local
option levy contingent upon voter approval of the YAL on May 20
Jackson second. Lee Tuneberg asked with this motion, does the motion
include the changes in the agenda, section IV 1 through 7. DeBoer said
yes and Jackson said yes. All yes except Williams and Moore.
lin 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).
ORDINANCE NO.
AN ORDINANCE CORRECTING A CLERICAL ERROR IN THE
ORDINANCE LEVYING PROPERTY TAXES (ORDINANCE NO. 2897)
AND DECLARING AN EMERGENCY
Recitals:
A. On June 17, 2003, this council adopted ordinance #2897 levying taxes for the 2003-
2004 fiscal year. The tax rates per thousand dollars set forth in section 2 of that
ordinance for the General Fund ($1.4719) and the Parks and Recreation Fund
($2.0925) were correct and equaled a tax levy of $3.5644 per $1,000.
B. In section 1 of the ordinance, however, the tax rate was listed as $3.5640 per
$1,000, a difference of $0.0004. For purposes of local budget law, the figures set out in
sections one and two are to indicate the same total rate. This ordinance amendment
corrects the erroneous figure in section one in order to comply with the local budget
law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The tax rate specified in Section I of Ordinance 2897 adopted on June
17, 2003, is amended to read $3.5644 instead of $3.5640.
SECTION 2. Declaration of Emergency. The council finding that it is necessary for the
general welfare that a budget be adopted in a timely manner in full compliance with
local budget law, an emergency is declared and this ordinance shall become effective
immediately upon its passage by the Council and approval by the Mayor.
In accordance with Article X, Sections 2(b) and (3) of the City Charter, this ordinance
was enacted at a single meeting of the council on ,2003,
by unanimous vote of all council members present upon being first read in full and then
by title.
Barbara Christensen, City Recorder
SIGNED and APPROVED this__ day of
,2003.
Paul Nolte, City Attorney
Alan W. DeBoer, Mayor
ORDINANCE NO. ~~ 7
AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2003 TO AND INCLUDING
JUNE 30, 2004, SUCH TAXES IN THE SUM OF $8,008,000 UPON ALL THE REAL AND
PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE
LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the
permanent rate of $3.5640 per thousand an amount estimated to be $5,388,000, voter authorized Local Option in the
rate of $1.3800 per thousand an amount estimated to be $2,022,000, as well as $598,000 authorized for the repayment
of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting
July 1, 2003, on all taxable property within the City.
Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds:
General Fund
Parks and Recreation Fund
Permanent Rate
Local Option Bonded Debt Per $1,000
Youth Activities Levy
1982 Water Bond Levy
1992 Water Bond Levy
1997 Flood Restoration Bond Levy
2000 Flood and Fire Station Bonds
$ 2,225,000 1.4719
3,163,000 2.0925
The foregoing ordinance was first READ on the
~ne, 2~
Barbara Christensen, City Recorder
SIGNED and APPROVED this
$ 2,022,000 1.3800
~ed as to form:
Paul Nolte, City Attorney
83,000
100,000
105,000
310,000
$ 5~388~000 $ 2~022~000, $ 598~000
~ day ofJune, 2003, and duly PASSED and ADOPTED this
/,7 dayofJune, 2003.
Alan W. DeBoer, Mayor