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HomeMy WebLinkAbout1985-0806 Regular Meeting r' I mpo!t.wn-':: ,.~.t ' j- ...." \~ ' .AnY u.u.zen a=enlU.ng COWlcu. mee-ung.6 my a .6pea.rI. on any -u:em on ;{.ne. a.gerzaa, wu.eM ,a.u, :the .6u.bjec;t 06 a pu.blic. heaM.ng wlUc.h h.a.6 been u0.6ed. 16 you. w<..6h:to .Ilpeak, 'p.tea.l>e we and a6;teJL you. have beerz Jt.ec.ogtU.zed by :the ChcUJt., give YOM n.a.me and addlteM. The C/uUJr. w{ft :therz ctUow you. :to .Ilpea.k and a.l60 in60!t/1l you. a.o :to :the .~ amou.n.t 06 time ctUoUed :to you.. The time gtu1.nted w{ft be dependen..t :to Mme ex:ten..t on :the na..twr.e 06 :the aem .WldVt d-Wc.uMion, :the numbVt 06 peop.te who w<..6.4,:t,p be hea.Jt.d, and :the .teng;th 06 :the agenda.. ~h AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 6, 1985 I. 7:30 P,M., Civic Center Council Chambers PLEDGE OF ALLEGIANCE: I II, III. ROLL CALL APPROVAL OF MINlITES: Regular Meeting and Executive Session of July 16, 1985; and Special Meeting of July 30, 1985, _ IV. PUBLIC HEARING: 1, Request for Comprehensive Plan Change and Zone Change for expansion of Bard's Inn Motel on West side of Helman Street, North of N, Main Street, V, COMMUNICATIONS, PETITIONS & REMONSTRANCES: 1. Request by Nancy Tucker and Ken Meirstin for Council endorsement of sublease at Oak Knoll Golf Course restaurant, and approval of liquor license, 2, Letter from Parks & Recreation' Commission requesting that "Wade Property" adjac~nt to wastewater treatment plant be dedicated for park purposes, 3. Letter from Parks & Recreation Commission relative to policy on closure of Winburn Way and selling on public streets in. Lithia Park. 4,. Letter from Linda Vista Care Center to open Scenic Drive, North of Maple Street, 5. Letter from John Chmelir, resigning from Citizens Budget Committee, VI, UNFINISHED BUSINESS: 1, Request from Dave Lewis for financial participation in water system improve- ments to Park Estates Subdivision, 2. Report from City Attorney on authority for street closures (Ordinance.later on agenda), VII. NEW & MISCELLANEOUS BUSINESS: 1, Request by Director of Public Works to cut paving'on Wightman Street-for N, Campus area improvements, 2. Memo from City Attorney requesting permission to begin foreclosure proceedings against Mark Cooper and Lithia Homes, Inc. for delinquent street assessment liensa 3. Memo from Traffic Safety Commission recommending the ~ollowing action: a, Designating Walker Avenue as a through street b. Installing Yield signson Mae Street at Faith Avenue, c. Installing Yield signs on Pennsylvania at Morton, d, Instal~,ing Yield signs on Euclid at Morton VIII, PUBLIC FORUM: Business from the audience not included on the agenda, -1- , i' 'IX, 'ORDINANCES, RESOLUTIONS & CONTRACTS: 1. First reading by title only of an ordinance relative to fees charged for lien searches, 2, First reading by title only of an ordinance granting a 20-year franchise to C. P. National Corporation for natural gas service. 3. First reading by title only of an ordinance amending the Municipal Code relative to authority for temporary street closures. 4, Resolution authorizing the advance refunding of bonds for 1982 water bond issue'. 5. Lease renewal for City offices at 27~ N. Main Street, X, OTHER BUSINESS FROM COUNCIL MEMBERS: XI. PRESS CONFERENCE XII, ADJOURNMENT Attachments: 1. Minutes of Boards, Commissions & Committees 2, Monthly Departmental Reports , ,. ,I ROLL CALL APPROVAL OF MINUTES MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 16, 1985 Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 p,m. on the above date. Elerath, Reid, Bennett, Laws and Smith were present. Acklin was absent, Bennett corrected a typographical error and asked that on page 3 rela- tive to the proposed column in the Tidings that Boards, Commissions and Committees be added after Council members in the third sentence, Bennett moved to approve minutes as corrected; Reid seconded the motio! which passed unanimously on voice vote, OAK KNOLL PUBLIC HRG, Mayor Medaris noted that a request was received from the applicant's attorney. for postponement of public hearing, Medaris said notice will be given when a future public hearing is set, SEWER/WATER SERVICE REQUEST ols CITY PARK ESTATES SUBD. FARMERS' MKT. HOURS DELINQUENT ASSESS, PARK ESTATES WATER i "--.-__._._____n I' A letter from Richard Hammer requesting utility service outside the City limits west of the termination of Grandview Drive was reviewed and the City Administrator noted that the property is in the County and the strip doesn't appear to be large enough for a home, Laws asked that the City Administrator reply to Hammer recommending steps to be taken with County to facilitate his need and moved to deny request; Smith seconded the motion which passed unanimously on voice vote. A letter from Dr, Aubrey Hill was read relative to a complaint about an erosion problem caused by construction of Park Estates Subdivision and a memo from the Engineering Department was reviewed indicating they would be in touch with the project engineer on the question. Alsing reported that the problem is listed on erosion controls listed by the engineer and would be taken care of, Almquist said he would notify Dr. Hill of what engineer reports~ Laws asked for a report back on progress of matter, Susan Wallace drew a diagram on the blackboard showing how Farmers' Market is set up to use from two to four parkings spaces only and asking that the hours be extended until 1:00 P.M, because of the late shopping'habits of the consumers at the market, Laws moved to amend agreement and to extend .the hours to 1 p.m, with the four park- ing spaces being used; Smith seconded the motion which passed unani- mously on voice vote. A memo from the City Recorder was reviewed relative to the delinquent assessments noted, Council agreed that. the City Attorney should take the necessary action'to collect funds. Postponed for further information, 7/16/85 P, 1 =t-'.U.Ld1. J.'1t:::t::: L.l...U)::!. , " II NATIONAL LEAGUE OF CITIES WATERSHED GATING RADIO TOWER PUBLIC FORUM FORDYCE SEWERS BARD'S PUBLIC HRG, n::HLi..dllU v.1.;..)' LouUUl:.L.L I/J.O/(),:) t'o A memo from the City Administrator relative to request from Reid to attend convention was read and Bennett noted that the registration fee for non-members is $260 and not $290 as stated in memo, Almquist said he must have picked up the wrong amount. Smith noted an interest in attending the meeting and said she would check the responsibilities on her job and if she does go would be staying with friends, Laws moved to grant monies to Reid for the NLC in lieu of attending the League of Oregon Cities; Smith seconded the motion, Reid said she would like to check with the LOC to make sure the Energy Committee of which she is a member will not be needing her at that convention before making a final dicision on the National League. On voice vote motion passed unanimously, A memo from the Public Works Director proposing gating of roads into the Watershed was read, On question of Reid as to whether this would preclude skiing in the area, Alsing said it was just to keep vehicles out. Elerath suggested that people be allowed when fire danger sub- sides. Almquist suggested adding a clause to give Fire Chief author- ity to reopen and added the language. Almquist read the resolution and Smith moved to adopt as amended; Bennett seconded the motion which passed unanimously on roll call vote, Director of Public Works Alsing said that the proposed construction of a radio tower 1867 feet high on top of a 2500 ft. hill near Jackson- ville came to his attention and that response to such application has to be in by July 22, Smith moved to place on agenda; Elerath seconded the motion which passed unanimously on voice vote, Alsing said that neither the Ashland nor Medford Airports had been notified of this intend and that it would be dangerous to pilots. Reid moved that letter be written opposing the proposal to FAA; Smith seconded the motion which passed without opposition on voice vote, No response. Second reading by title only was given an ordinance ordering the installation of Sanitary sewers on Fordyce Street, Tim Johnston of 586 Fordyce asked for clarification on project date saying that if it is started in late FaIlor early Winter the costs would increase. Almquist explained that the project would go ahead without waiting for the zoning and annexation meetings held by the Planning Commission. Alsing added that after the second reading is approved that the specs will be prepared for bids and that the work should start within two months, Laws moved to adopt; Reid seconded the motion which passed unanimously on roll call vote, Mayor Medaris requested that public hearing be called for the meeting of August 6 to consider application for Zone change by Bard's as covered by the City Attorney in executive session. Almquist so noted, 7/16/85 P. 2 ,gular Meeting . , .. OTHER BUSINESS Parking Street Closure Revenue Sharing Adjournment Asniano ~l[Y ~OUnCl~ I/J.V/OJ ~. J Elerath expressed interest in getting a progress report on the downtown parking status. Laws who chairs the Parking Facility Committee reported that the Committee had met three or four times and that a survey was taken in Mayas to the use of downtown parking spaces resulting in the statistics showing that employees are using the spaces, Laws said another survey will be done in the height of summer in the heavy use period for comparative purposes, Laws also reported that costs of a multilevel parking structure were worked out and that the costs would be prohibitive, Laws stressed the need for educating employees rela- tive to parking space uses, Laws said the committee will continue to study all aspects and resources and report back, Reid urged con- sideration of extending Central to Water Street and that the Water Street lot be enlarged and recommended that Council members take a look at the proposal on the ground. Almquist noted that a request for closure of Winburn Way for Sunday, July 21st from 6:00 p,m. to 8:30 p,m, for a concert by the Oregon National Guard came in after the agenda went out and asked that it be placed on agenda, Laws so moved; Smith seconded the motion which passed unanimously on voice vote. Laws moved to approve Parks & Rec. request; Smith seconded the motion. Almquist asked Council to con- sider his handling of such requests to save problem of bringing to Council. On voice vote for street closure motion passed unanimously, Reid noted that the last concert held in the park had low quality and high volume and that she had to leave the neighborhood for relief. Smith then moved to give staff permission to approve street closures. Laws seconded the motion and asked Almquist to review the Ordinance to see if proposal would be in keeping. On voice motion passed unanimously, Almquist noted he had word from the Revenue Sharing office and sug- gested a joint meeting with Council and the .Budget Committee to study, Council approved and meeting will take place on Tuesday, July.23 at 7:30 p.m, in the Council Chambers. The meeting adjourned at 8:30 P.M, Nan E. Franklin City Recorder L, Gordon Medaris Mayor 7/16/85 P. 3 v' ' THE RICHARD STEVENS COMPANY 25 Hawthorne Street Medford, OR 97504 503773-2646 July 16, 1985 Mayor and City Council City Hall Ashland, Or. Honorable Mayor and Council; Thia letter is to object to the City Council holding an "Executive Session" regarding the Bamforth property. This objection is posted as we are not aware of the nature of the stated litigation. ',' "6''5 ty- /\ , I I _~:>". t:,~S5 \ ~J> ~ / -l , Mi.nutes of the Special Council Meeting Ashland City Council July 30, 1985 The meeting came to order at 7:05 p.m. on the above date in the Council Chambers of the Civic Center. Present were Mayor Medaris, Councillors Elerath. Bennett, Acklin and Laws. Reid and Smith were absent. Director of Financ.' Nelson reviewed the possible savings by issuing advance refunding bonds. He said the process is more complex than issuing simple revenue or general obligation bonds, and arc usually issued to take advan- tage of favorable changes in the bond market which have occurred subsequent to the original issue. Nelson said after a recent review of the City's bonded debt obligations, there is a good chance that savings can be attained by advance refunding of the remaining outstanding bonds from the $1,695,000 Water Bond issue of October 1, 1982. He reported that potentially, after deducting all bonding costs, the net savings could approach $70,000 on a present value basis, or $110,000 in real dollars. Nelson cautioned that there is a strong possibility that as part of Con- gress' deficit reduction program, advance refunding issues after the end of 1985 will either be unlawful, or they might no longer be tax-free in- vestments. He noted also that interest rates could soar back to the heights they were in 1980. Nelson said he feels the City should vigorously pursue this option while there is still time. Jim Breithaupt and Bob Moore, representatives of the City's financial con- sultants, Moore. Breithaupt & Associates, were introduced. Bob Moore spoke saying the bonds should generate substantial savings in Ashland's debt service. He said net savings during the next 17 years could be from $72.000 and as much as $130,000. He explained that the bond issue is sub,je('.t to Federal regulations and the State Treasury Department must approve it. He said the new bonds would be issued at a lower rate of interest compared to the 1982 issue, and the difference between the two interest rates would be the source of the savinKs. Mr. Moore said it is a feasible plan. He said the 1982 bonds cannot be redeemed \In ti 1 Oc tober 1992: therefore, the refundi nK bonds would be i n- vested in U.S. Treasury obligations and would meet the scheduled bond pay- ments until 1992. At that time, the outstanding bonds would be paid off. He noted that if the market changes dramatically before the bonds are issued, the City can stop the bond process without cost to the City. Almquist questioned possible conflict of Charter and State guidelines re- gardin~ the amount of bonded indebtedness the City can authorize. Bj-pi t.hallpl reported that other cities have done this and have had no prob- lems. On question oj' yearly savings from Elerath, a brief discussion followed on estimated total/yearly/monthly savings. r! .. .~' Special Council Meeting Minutes July 30, 1985 Page 2 Concerning question of City costs, Salter said he has been assured that if there was no sale, there would be no fees other than newspaper advertize- ment costs and some staff time. Moore discuss~d briefly the rating of the present bonds and possible rat- ing of the new issue when sold. Jack Nicholson, 1575 Greenmeadows Way, spoke from the audience saying con- cerning the sale of Veteran,; Bonds, the Wall Street ,Journal indicates interest J'ates going up. He questioned State criteria in advance refund- ing bonds and advance ruling on the tax exempt status. Nelson answered by saying that the City's last bond issue marketed at a better rate than State Veteran Bonds and that the State Treasurer does review. Don Rist, 310 Bridge, asked the status of funds not used for reservoir and remaining f~om the 1982 bond issue. Nelson reported there was previ- ous approval by the Council to use funds on otber water projects. A Resolution authorizing submission of an advance refunding plan to the State Treasury was read. Acklin moved for approval, contingent upon City Attorney a vote of the people is not required; Elerath seconded. all AYES. determining that On roll call vote, Meeting adjourned to study session at 7:50 p.m. Nan E. Franklin City Recorder L. Gordon Medaris Mayor NEFjsa " o. .' 01 o 'ID 0: JJr rom: ~ubjed: ~emnrandum January 18, 1985 Mayor and Common Council Ashland Planning Commission Planning Action #84-082 At its regufl!r meet ing of January 9, 1985, the Ashland Planning Commission reviC\~ed the applic- ation for a Comprehensive Plan Designation change and a Zoning change by the Bard I s Inn for the parcel located directly north of the motel fac- ility on the west s ide of Helman Street. 'I'he vote taken by the Commission on a motion to recommend approval of the application was a 4- 4 tie. Such a deadlock vote is considered a failure to approve the motion. Subsequent discus- sion by the Commission resulted in a unanimous vote to recommend to the Council that should the Council approve this application, that it be processed under the "intent to rezone" pro- cedure and that the following conditions be a- ttached to the approval. 1. That the use more than an 10 years. of the 8-unit site be limited to not motel, for a period or 2. That the design of the units and the site plan be compatible with the residential char- acter of the neighborhood in the Commission's opinion. 3. That all signs on the Bard's brought into conformance with Sign Code as required by the icipal Code 18.72.140. Inn site be the Ashland Ashland Mun- 4. That the above conditions be" complied with and the site developed within 18 months from the passage of the Ordinance allowing the Conditional zoning as required by Ashland Municipal Code 18.108.110E. Please set a public hearing for this request at the earliest possible date. Thank you. " ,; , Kenneth L. Meirstin Nancy Tucker Seasons at Oak Knoll )070 Highway 66 Ashland, Oregon 97520 City of Ashland Ci ty Hall Ashland, Oregon 97520 August 1, 1985 Re: Seasons at Oak Knoll It is requested that the City of Ashland authorize the transfer of the sub-lease now held by Albert Grey and Carolyn Grey (D.B.A. Lima Gallagher, Inc.) to Kenneth L, Meirstin and Nancy Tucker, (D,B.A. Crossroads). Expedicious approval of this request will enable a prompt review of the liquor license transfer between both parties in question, Very Respectfully, ~//) _//..-;7 /c/' ---,/, . /o/,,?):.:/;": /};;a",-,,?h-i. Kenneth L, Meirstin KM:cd .' - ASHLAND PARKS AND RECREATION COMMISSION .' , CITY HALL . ASHLAND, OREGON 97520 .. 482-9215 or 482-9216 PARK COMMISSIONERS: KENNETH J. MICKELSEN Director JEAN M. CRAWFORD DENISE W. HAANLY DENNIS JOHNSON GARY NELSON l. B. (BERNIE) SEARS May 24, 1985 Brian Alnquist City Administrator Ashland, Oregon 97520 [ear Brian: When thE City of Ashland dedicated the land acquired as part of the Greenway project for park purposes (Jones & Bryant, Wade, and Senior Investment), the City e.xcluded approximately a two acre parrel at that time sinre the City was negotiating with the Wranglers for use of that parcel. It is nav the understanding of the Parks and Recreation Carrnission that that parrel will not be utilized by the Wranglers. If this is the case, the Ashland Parks and Recreation Carrnission requests that the parcel of land be dedicated for park puq:x:>ses. Sincerely, )B:tll-m ,t!u~t/-4:hd. J~ Crawford, Chai~'~' ASHLAND PARKS AND RECREATIONcx:w-rrSSION Home 0' Famous Lithia Park ,..-- . ., ASHLAND PARKS AND RECREATION COMMISSION " , CITY HALL. ASHLAND, OREGON 97520 . 482-9215 or 482-9216 PARK COMMISSIONERS: KENNETH J. MICKELSEN Director JEAN M. CRAWFORD DENISE W. HARNLY DENNIS JOHNSON GARY NELSON l. B. (BERNIE) SEARS July 29, 1985 Honorable Mayor and City Council Members CITY OF ASHUIND Dear Mayor and City Council Members: At a recent Ashland Parks and Recreation Ccmnission meeting, the use of the bandshell by private groups or individuals was discussed. The Ccmnission reviewed its present policy on bandshell usage by private groups and adoped several new policies that will help to minimize the noise factor associated with groups utilizing the bandshell. In oonjunction with the ne\'/ policies, the Ccmnission is requesting that the Council review i tspolicy on the c~osure of Winbmn Nay for private groups utilizing the bandshell. '[he Ccmnission would recomrrend to the Council that it only authorize closure of Winburn Way for bandshell events which are sponsored by the City or by the Ashland Parks and Recreation Department due to the impact which closinq the street has on park usage by the general public. In a related matter, the Commission also respectfully requests that the Council deny applications to sell or solicit along Winbmn Way. It is the understanding of the Cornnission that the Council granted pennission to the Oregon State Ballet to sell ooncessions on Winbmn Way at their M::mday night performances at the bandshell. Except for the Marketplace which has pennission to sell on Saturdays along Guanajuato Way, the ConTnission prohibits all selling or soliciting in Lithia Park. Since Winbmn way bisects the park, the ConTnission feels that, in essence, selling along Winbmn Way is the same as selling in the park. The Ccmnission is concerned about the possibility of other groups making a similar request and being granted the same type of permission. Home of Famous Lithia Park tI'" ~i"!P'-" ~ t ~. . , !.t : '~ Letter - Mayor and City Council Page 2 The Ccmnission recomnends to the Council that no groups be allo.ved to sell or solicit on Winburn Way and, if possible, requests that the Council rescind its rrotion granting the Oregon State Ballet permission to sell on winburn Way. Thank you for your consideration. Sinrerely, /; . ,j, // 'fit".,. j . 'I,rn (0.b?'P/V'-- t , Jean Crawford, Chairman ASHLAND PARKS AND RECREATlpN cn-lMISSION " j:. . Nr r:il.\: ' ,I' . ;:, ; . 'mo: Jfr rom: ~emorandum AuguM: 1, 1985 Mayo~ & Common Counc~ Plallni.ng Statltl ~ubjed: PMpOl.Jed open<.ng tl Scen<.c Avenue :to :the no~:th Otl Maple SVtee.:t Planrung Ac.tion #85-072 lj, a ~eque,s:t 6M a SUe Re\i.ie.w and Condiliona1 U,se PeJ1.m-U: to aUow :the COn6VtUc.tiOIl of. an 86- bed c~e tlac~y tlo~ :the aged at :the e~:ting locati.oll 06 the Unda V lj,:ta C~e C enteJ1. a-t 1 35 Maple SVtee.:t in A,s h-talld. The Appucallt',s pltopo,sa1 involve,s :the acceM Otl p~/Ung :to :the noJr..th Otl :the ,s.tJz.uctUfl.e via Scenic VtUve. At. pJu!J.>ent, Scen<.c VtUve lj, uni.mp~oved, tli~hed on.ty in a llatUfl.a1 g!lanUe -5U~tlace. The Appucant lj, p~opo-5ing :to pave :the.iA acceM :to :thM p~/Ung tlacA.1.il.y :to a 20' w.i.dth inclucUng cUfl.b and guUeJ1.. AccMcUllg:tO O~cUnance, .a :take;, COUIlU[ app~ova1 :to open and p~ovide ,such .{m- p~ovemen;t}., :to a p~evioU}.,ly uni.mp~oved pubuc ~ight-otl-way in A,s h-tand. We wOLl[d ~eque;,:t :that :thlj, .aem be placed 011 :the agenda tlO~ :the nex:t available C.ay COUIlC~ meetillg of. AugU}.,:t 6, 1985. Thank you, . JOHN C'HMELlR'S SONS, COMPANY 503-482-4226 Engineers Planners Constructors 611 Siskiyou Blvd. . P.O. Box 1177 Ashland, Oregon 97520 July 30, 1985 Honorable Gordon Medaris Mayor of Ashland Ashland City Hall Ashland, OR 97520 Dear Mayor Medaris: Please accept my resignation from the Ashland Citizens Budget Committee, effective immediately. It has been an honor to be of service to the people of Ashland and a pleasure to serve with such distinguished persons as yourself and other members of the committee. Sincerely, ~?hm~ JDC:ll David R. Lewis 1024 Pinecrest Terrace Ashland, OR 97520 August 5, 1985 Ashland City Council Ashland City Hall Ashland, OR 97520 Dear Ashland City Council This letter is a request to the City of Ashland to consider "Bancrofting" the cost of a water system in the south hills as identified in the accompanied drawing and as determined by a study prepared by James Olson of the City of Ashland and Roger Kauble, Consulting Engineer. The water system, which includes a booster pumping station, will serve a potential 143 units of multiple ownership considering the current zoning, I am very willing to pay fully for this system; but I believe it is only fair that the City of Ashland also contribute by allowing Bancrofting of 82/143 ($59,277) of the total (The portion to be used by others). The total cost of my system is $103,374 to date, Sincerely f)~I?~ David R. Lewis Enclosure . June 25, 1985 Mayor GordDn Medaris and Members of the Council Ashland City Hall Ashland, OR 97520 Dear Mr. Mayor and Members of the Council: I would like to take this opportunity to inform the council that I met with City Administrator, Brian Almquist, and Director of Public Works, Al Alsing. We have discussed the possibility of the initial work which is being done on Park Estates subdivision in the south hills of Ashland to serve as the beginning of a water system for the high-level area between Terrace Street and Beach. In our discussion, it was agreed that information would have to be put together by the city staff to give guidance to the council as to the feasibility of this request. I would request your in- structing staff to prepare a report for your next council meeting SD that this .item could be placed on the agenda and discussed at the meeting. I feel that this can be mutually beneficial to the city of Ashland, Park Estate subdivision and for other individuals who are interested in the development of their property in the south hi 11 s. Your consideration~f this request will be greatly appreciated. Sincerely, (\ f) \../' Ct.-y{ ,~U~ Dave Lewis . TO: Mayor and Members of the City Council DATE: July 23, 1985 FROM: Ronald L. Salter City Attorney SUBJECT: street Closures - AMC 11.12.020 The question has been raised as to the City Adminis- trator'sauthority to grant requests for temporary street closures. We do not find such authority presently in the Code. However, AMC 11.12.020 C. provides for "experimental or emergency traffic regulation of a temporary nature", and if the word "temporary" was added to that, then I believe the City Administrator would have the desired authority. Thus, it is suggested that the Code be amended so that sub-part "c" would read as follows: "C. Pursuant to sub-section "A" of this section, the City Administrator may provide for temporary, experi- mental or emergency traffic regulation that shall not remain in effect more than thirty (30) days. No tem- porary, experimental or emergency regulation is effective until adequate traffic signs, signals, markings, or other devises are erected clearly indicating the regulation." Respectfully submitted, ~ ~- RONALD L. SALTER RLS/pc RONALD L. SALTER ATTORNEY AT LAW 94 THIRO STREET ASHLAND, OREGON 97520 ~emorandum July 22, 1985 ~o: Brian L. Almquist, City Administrator ., ~ro~:~ Allen A. Alsing, Director of Public Works ~ubjed: Request to Cut Pavement In conjunction with the 1985 Street Improvement Project it is necessary to install a storm drain line across Wightman Street to receive runoff water from the west end of Iowa Street and from the parking lot at Iowa and Wightman as shown on the attached print. Wightman Street was overlayed on 6-16-82 and is protected by the moratorium until 6-16-87. The construction of curb and gutter on Wightman Street will also require cutting of pavement adjacent to the curb, however, I think this work would be approved by the Council's approval of the Wightman St. improvement. Would you please present this pavement cut request to the Council at your earliest opportunity. Attachment (1) ~ I~ L'w' ~ III g III "-5.0: "-i:l1il. m : \~ m 52 ~ \" II) ,.,11) i -tV" ~========= ,^ ~ ~, I ",!:l --------- :tV' : ,.. ~n I I g -' en zc: f11 '" ",.... I '" m r ~'" 1. ~ r__WIGHTMAN.": -~ ~~- o-~--5.5,....-~""* 51:' m NOOOO~'~8.E o.~o()" -I n ...< !i: ~~m .. p:--l :z _G-"'~ _~~'''-)-G~:''---i; . ... . ,-,:'~",:::,.'-',._...';:~';:.:>;.~~~..,~ ...,:-:,1~.~~;;;-' ------........---0. -.- .:~, ~,~j~t :'~~': =========. . "'0 \ :"........,....,. .'.......l!; ""'" ~~~ f)l~l' ...- ~~V::;i:~t~ ?;{V/J VI' - - -~... " .~::... \ .~;::~::.\:,<t!,f :'-:~:"i ;:: ~ ~'~~:- '>1~J~ ~"iJ)'!( \\ . ]> ~'::Z't \ .).":::;: I .',:"',, ..,.;: III f\'1 '1"""'- . \ l 1,-' ....,' . .~' ,.. 0 '!Ji . ~ ,...:..-.. u..:,..;'.....11I . ';0 : . I..' ~I \ ~ ~I iih 'I ~ '" C/l '" ~ I, II) ~fci\:1I N !" 111?' ~ I \::.' .h ",' ~....:..III '" '" 111m 0 I- .' - ""CD " ",,- ,.. + I \ . ,."" .' .:., ~ :-f-- C/l ~ .t>o ~ . f> P',Ill'.~;I' in' :x:~'" I iQ""'o.t ~~ ;-t~~ :;:"".....~~I ~I' m (1)': ",,-\ I. ~ ::t.....1 ~ :"1:-4... ~~..< : .!. 'I'=" :-..1\1.1 mz~ ,.. "_"1 ,.. II) , . -,..... I :.... -t I iQ ~ C/).'~I '" J> 1 '" ~ '-",' ",'" "'~'","'I .t>o'" t-I . J>. ',' . """'. CO-'i.i.., ~." -I "0", .t>om \ I ~'::J:ij ~ I- !'Ie '.'\,.1 ~ I \{K' rl \ ) ! rl ;;:H !E I I " I \tl I III III III III I II It ~I ~ --------.:::;::.~ =======:::.-- ~iol m ., :0 - + "'", "'", ~- '" - Ul "'0 '!:f '" . ., ;,,"" r~ -0 "'0 "'m :-,.. Ul~ ~ n ... ~ w m m 'c/) :I: m m -I Z o ....... ,h' I . . en I I II III III III III " "7"-~~ ]><1> ~~ :z: . . + 0(1) ......'" ~. II ....J !"> ~ I ~~I . (M CD . CD~\ ~ u.I en .... .... - Ua Ut_ VI Nr I :-t ~I \ I \ I I I ( I I I I I I I I ) I I I I ""1* . ...... ~N m : :-'~ n]> . . I m 0 I : + -CD "'~ ~~ &.NUt '" 0 !=i I :v n . I ~ TO: Mayor and Members of the City Council DATE: July 24, 1985 FROM: Ronald L. Salter City Attorney SUBJECT: Mark Cooper and Lithia Homes Delinquent Assessments Ladies and Gentlemen: The above assessments are delinquent, and there is a balance presently owing of $32,219.87, plus interest. We have pursued collection efforts and delinquencies in precisely the same manner as all such matters are handled by the City, all with no response from the parties involved. Thus, it is requested that we be authorized to proceed to foreclose the assessment liens. Respectfully submitted, 90,;~. &!: RLS/pc RONALD L. SALTER ATTORNEY AT LAW 94 THI~D STREET ASHLAND, OREGON 97520 ~emnrandum August 1, 1985 ~o: Brian Lo Almquist, City Administrator ~ro~t,[L Allen Ao Alsing, Director of PoWo ~ubjett: Recommendations from the Traffic Safety Commission The Ashland Traffic Safety Commission at its meeting of July 31, 1985, recommended the following to the Ashland City Councilo 1. That Walker Avenue between Highway 66 and Eo Main Street be designated a through street and that stop signs be erected at all side streets where they enter this sectiono The Commission acted on a request from the Public Safety Department and felt that the action is justified on the basis of traffic generated by sasc, Walker School, the Junior High School, the bike paths on Walker and on Wightman, and the Parks Depart- ment's recreational use on North Walker Avenue. 2. That a yield sign be erected on Mae Street where it enters Faith Avenue from the Easto This intersection has a vision clearance problem and it was felt that a yield sign would establish right of way for motorists. 3. That yield signs be erected at the following locations: ao Pennsylvania Street where it enters Morton from the east and the west (2 signs) b. Euclid Street where it enters Morton from the southwest. It was felt that since this is a five way intersection, since there have been a number of accident near misses, and traffic through this inter- section will increase when the Park Estates Subdivision, that traffic control should be establishedo Would you please pass these recommendations on to the Council for it's consideration? ~emnrandum August 1, 1985 ~o: Honorable Mayor & City Council ~ro~: Brian Lo Almquist, City Administrator ~ubjed: Lien Search Fees Attached is a proposed ordinance increasing lien search fees from $20.00 to $250000 This fee was established at $20000 in 1983 and is designed to reimburse the City for the staff time necessary to process a search of the records as well as the liability of certifying outstand- ing lienso The change would generate about $1,750 for the General Fund 0 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4.12.030 OF THE ASHLAND MUNICIPAL CODE WITH RESPECT TO CERTIFICATES OF LIEN SEARCH. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLqWS: SECTION 1. Ordinance No. 2253 and Section 4.12.030 of the Ashland Munic~pal Code is hereby amended by increasing the fee for lien searches to twenty-five dollars ($25.00). The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on " the day of 1985, and duly PASSED and ADOPTED this day of , 1985. ATTEST: Nan E. Franklin City Recorder - Treasurer SIGNED and APPROVED this day of . 1985. L. Gordon Medar~s Mayor . ORDINANCE NO. AN ORDINANCE GRANTING TO CP NATIONAL, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE AND PRIVILEGE TO CONSTRUCT, MAINTAIN, OPERATE, USE, REPAIR, AND REPLACE A SYSTEM OF CONDUITS, MAINS, AND PIPELINES, IN THE STREETS, ALLEYS, AVENUES AND THOROUGHFARES IN THE CITY OF ASHLAND, COUNTY OF JACKSON, STATE OF OREGON, FOR THE PURPOSE OF SUPPLYING GAS FOR LIGHT, HEAT, POlfER, AND OTHER LAWFUL PURPOSES TO THE INHABITANTS THEREOF. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. That subject to the terms and conditions hereof, there is hereby granted, effective as of March 18, 1985, to CP National, a California corporation duly authorized to do business in the State of Oregon, its successors and assigns, (hereinafter called the grantee), for the period of 20 years from said 18th day of Mar~h, 1985, the right, privilege, and franchise to construct, maintain, operate, use, repair and/or replace a system of conduits, mains., and pipelines, together with the appurtenances thereto, in the streets, alleys, avenues, and thoroughfares of the City of Ashland, County of Jackson, State of Oregon, for the purpose of supplying, transmitting, distributing, and selling artificial, natural, or mixed gas to any and all persons, firms, and corpora- tions within the said city and beyond the corporate limits thereof for light, heat, power, or for any other lawful purpose. SECTION 2. That the granting and continuance for the term above set forth of the rights, privileges, and franchise hereby granted is and shall be subject to the following conditions: (a) All installations of pipes, mains, and other conduits shall be underground and in accordance with the city's standards and specifications for public works as they now exist or may be hereinafter amended, and at such locations and depth (not less than 18 inches below the established grade line, except with the consent of the city) as shall not interfere with the use of such streets, alleys, avenues, or thoroughfares by the city or others for the maintenance, use, and repair of sewers, water mains, pipes, conduits, electrical circuits or other installations then in place, and shall be so laid as to do no injury to the proper use of such streets~ alleys, avenues, and thoroughfares, nor to private property adjacent thereto, and shall be maintained in a good and workmanlike manner as may now or hereafter be provided by the laws of the State of Oregon and ordinances of the City of Ashland and lawful regulations issued pursuant thereto, respectively. The grantee shall recognize and comply with the city's excavation ordinance, which limits excava- tion in newly paved streets, and is more fully set forth in Chapter 13.12 of the Ashland Municipal Code, or as it may hereinafter be amended by the City of Ashland. Ordinance No. -1- -' (b) The grantee shall file with the office of the City Administrator an accurate plat on all portions of its distri- bution system that are located on the streets and alleys of the City of Ashland, and ,shall keep and maintain said ,plat in a cur- rent condition, in order that at all times the City of Ashland shall be fully advised as to the location of all of the grantee's installations on said streets or alleys. (c) The grantee shall promptly upon laying, replacing, or repairing said pipes, mains, and other conduits, or any part thereof, at its own cost and expense place said streets, alleys, avenues, and thoroughfares, or so much thereof as have been damaged thereby, in as good order and condition as they were before being disturbed or excavated for the purpose of laying, placing, or repair- ing said pipes, mains, and other conduits and such repair shall be in accordance with city specifications and in accord with Chapter 13.12 of the Ashland Municipal Code. The grantee shall assume all liabil- ity for damages to persons or property which may arise from the construction, repair, or operation of said pipes, mains, conduits, or appurtenances and from the excavation of any street, alley, avenue, or thoroughfare and the exercise of the privilege hereby granted and shall at all times save the City of Ashland harmless from any and all liability which may arise or be incurred therefrom, occasioned or arising out of the exercise of the privileges hereby granted to the grantee. (d) The grantee, as consideration for the priveleges hereby granted, shall within sixty (60) days of the close of each quarter during each year during the term hereof, pay to the City of Ashland a franchise tax or toll equal to three percent (3%) of the gross receipts of the grantee from the sale of gas to users thereof within the City of Ashland during each of the franchise quarters of each year throughout the term hereof; provided, however, that in no event shall the annual tax or toll for any such franchise year be less than the sum of $35,000.00. Further provided, that in the event that the Oregon Public Utilities Commission permits an increase in the franch- ise tax, from the present maximum of three percent (3%) of the gross receipts, then the grantee agrees, commencing with the next succeed- ing quarterly payment, to pay to the City of Ashland a franchise tax or toll at the rate of the maximum percentage permitted by the Oregon Public Utilities Commission of the gross receipts of the grantee as set forth herein. SECTION 3. To the extent permitted by State Law, if the City levies a ut~l~ty user tax or excise tax on the users of natural gas, which shall not exceed a rate of five percent (5%), then the grantee agrees to collect and remit said tax to the City of Ashland at the same time as franchise payments are due to the City, and the grantee shall be permitted to retain five percent (5%) of the total tax collected to defray the cost of collection. Ordinance No. -2- SECTION 4, The grantee shall keep books and records of its fin- ancial affairs for the operation of its business in the city and said books shall cover only such business. The city shall have the right to inspect these books and records, at reasonable times and places with respect to all matters covered by this ordinance. SECTION 5. The grantee shall maintain liability insurance through- out the term of this franchise, insuring the City and the grantee against all damages in the minimum amount of (a) $250,000 for property damage in anyone accident; (b) $500,000 for bodily injury or death to anyone person, and (c) $1,000,000 for bodily injury or death resulting from anyone accident. The City shall be named as an additional insured and require a "notice of cancellation" to be sent to the City at least ten (10) days prior to any such cancel- lation. Grantee shall furnish proof of insurance as required herein to the Director of Finance by filing a certificate of insurance. SECTION 6. The grantee shall promptly reimburse the City for any damage to city property by reason of the installation, maintenance, or operation of said business within the corporate limits of the City of Ashland. SECTION 7. That said grantee shall within 30 days after the passage of this ordinance file with the city council a written acceptance of the terms and conditions of this franchise, Said franchise and privilege shall be granted upon each of the provisions and conditions herein contained and in consideration of the promise of the grantee to keep and observe each of said provisions and conditions herein expressed to be kept and observed by it and in acceptance of said franchise and privilege the grantee does agree to keep and observe each of said conditions and provisions. SECTION 8. The right and privilege hereby granted shall become and be effective as of March 18, 1985, and upon written acceptance of the terms and conditions herein conta{ned by the grantee within said period of 40 days after the passage of this ordinance. The foregoing ordinance was first read by title only in accord- ance with Article X, Section 2(C) of the City Charter on the' day of , 1985, and duly PASSED and ADOPTED this day of , 1985. ATTEST: Nan Eo Franklin City Recorder - Treasurer SIGNED and APPROVED this day o"f , 1985. L. Gordon Medaris Mayor Ordinance No. -3- , ORDINANCE NO. AN ORDINANCE AMENDING THE MUNICIPAL CODE WITH RESPECT TO AUTHORITY FOR TEMPORARY STREET CLOSURES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 4 of Ordinance No. 1557 and Section 11.12.020(C) of the Ashland Municipal Code shall be amended to read as follows: "C. Pursuant to subsection A of this Section, the City Administrator may provide for temporary, experimental, or emergency traffic regulation that shall not remain in effect for more than thirty (30) .days. No temporary, experimental or emergency regulation is effective until adequate traffic signs, signals, markings, or other devices are erected, clearly indicating the regulation." The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 1985, and duly PASSED and ADOPTED this day of , 1985. ATTEST: Nan E. Franklin City Recorder - Treasurer SIGNED and APPROVED this day of , 1985. L. Gordon Medaris Mayor RESOLUTION NO. 85-41 . RESOLUTION OF THE CITY OF ASHLAND, OREGON AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION WATER REFUNDING BONDS, SERIES 1985. WHEREAS, the City of Ashland, Oregon is authorized pursuant to the Constitution and laws of the State of Oregon to issue advance refunding bonds for its outstanding general obligation bonds; and WHEREAS, the City resolved to submit to the Oregon State Treasurer a plan to refund the City's outstanding General Obligation Water Bonds, Series 1982; and WHEREAS, the State Treasurer is expected to approve such plan; now, therefore, THE CITY OF ASHLAND, 'OREGON RESOLVES AS FOLLOWS: Section 1. Issue. For the above purpose, the City shall issue its General Obligation Water Refunding Bonds, Series 1985, (the "Refunding Bonds"), in the approximate amount of ONE MILLION EIGHT HUNDRED TWENTY FIVE THOUSAND DOLLARS ($1,825,000), to be dated September 1, 1985, to be in denominations of Five Thousand Dollars ($5,000) or integral multiples thereof, to be in fully registered form, to bear interest payable semiannually on September 1 and March 1 of each year until maturity or prior redemption, and to mature serially on September 1 of each year as follows: YEAR AMOUNT YEAR AMOUNT 1986 $ 15,000 1995 105,000 1987 60,000 1996 115,000 1988 65,000 1997 130,000 1989 65,000 1998 140,000 1990 70,000 1999 155,000 1991 75,000 2000 170,000 1992 85,000 2001 185,000 1993 90,000 2002 200,000 1994 100,000 The principal amount maturing each year may be changed in order to maximize savings and to permit issuance of the precise amount of bonds necessary for the refunding. Interested bidders may contact the City's financial advisor the day prior to the sale for an estimate of changes in the principal amounts. Changes shall be reflected in the resolution awarding sale of the Bonds. Page I - Resolution Section 2. Purpose. The net proceeds of the Refunding Bonds shall be used to advance refund the City's General Obligation Water Bonds, Series 1982, which are dated October I, 1982 and were issued in the principal amount of $1,695,000 (the "Series 1982 Bonds"). The Refunding Bonds shall be issued in an amount sufficient, together with any additional funds contributed by the City, to pay all principal and interest on the City's Series 1982 Bonds as they mature or are called for redemption on October I, 1992. The net proceeds of the Refunding Bonds shall be used to purchase government obligations which shall be placed irrevocably in escrow and used solely to pay principal and interest due on the Series 1982 Bonds. Section 3. Redemption. The City reserves the right to redeem all or any portion of the Refunding Bonds maturing after September I, 1995, in inverse order of maturity and by lot within a maturity on September I, 1995, and on any interest payment date thereafter, at par plus ac~rued interest to the redemption date. Notice of redemption shall be given by publication as required by law and by mailing notice thereof to the registered owners not less than 30 days prior to the redemption date. Interest on any Refunding Bonds so called for redemption shall cease on the redemption date designated in the notice. Section 4. Security. The full faith and credit of the City are pledged to the successive holders of "each of the Refunding Bonds for the punctual payment of such obligations, when due. The City shall levy annually, as provided by law, a direct ad valorem tax upon all of the taxable property within the City in sufficient amount, after taking into consideration discounts taken and delinquencies that may occur in the payment of such taxes and all other monies reasonably available for the payment of debt service on the Refunding Bonds, to pay the Refunding Bonds promptly as they mature, and the City covenants with the holders of its Refunding Bonds to levy such a tax annually during each year that any of the Refunding Bonds, or bonds issued to refund them, are outstanding. Section 5. Maintenance of Tax-Exempt Status. The City shall take no action nor make any use of the proceeds of the Refunding Bonds or ad valorem tax revenues intended to be used to pay principal and interest on such bonds, which will cause the Refunding Bonds to lose their tax-exempt status under federal or State of Oregon income tax laws, regulations and judicial or administrative interpretations. Section 6. Form of Registered Bond. The City may issue the Refunding Bonds as one or more typewritten, temporary bonds which shall be exchangeable for definitive bonds when definitive bonds are available. The Refunding Bonds shall be in substantially the following form: Page 2 - Resolution No. R- $ UNITED STATES OF AMERICA STATE OF OREGON COUNTY OF JACKSON CITY OF ASHLAND GENERAL OBLIGATION WATER REFUNDING BOND, SERIES 1985 DATED INTEREST % PER ANNUM MATURITY DATE CUSIP THE CITY OF ASHLAND, in the County of Jackson, State of Oregon, for value received acknowledges itself indebted and hereby promises to pay to , or registered assigns, the principal amount of Dollars ($ ) on the above maturity date together with interest thereon from the date hereof at the rate per annum indicated above. Interest is payable semiannually on the first day of September and the first day of March in each year until maturity or prior redemption, commencing March 1, 1986. Interest upon this bond is payable through the office of the registrar and paying agent of the City of Ashland, Oregon (the "Registrar") by check or draft. Checks or drafts will be mailed on the interest payment date to the name and address of the registered holder as they appear on the bond register on the fifteenth day of the month prior to the date on which interest comes due. Bond principal is payable upon presentation and surrender of this bond to the Registrar. ADDITIONAL PROVISIONS OF THIS BOND APPEAR ON THE REVERSE SIDE; THESE PROVISIONS HAVE THE SAME EFFECT AS IF THEY WERE PRINTED HEREIN. IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all conditions, acts, and things required to exist, to happen, and to be performed precedent to and in the issuance of this bond have existed, have happened, and have been performed in due time, form, and manner as required by the Constitution and Statutes of the State of Oregon and the Charter of the City of Ashland, Oregon; that the issue of which this bond is a part, and all other obligations of such City, are within every debt limitation and other limit prescribed by such Constitution, Statutes and Charter; and that the City Council has provided for the levying annually of a direct ad valorem tax upon all the property within the City so taxable for its purposes, in an amount sufficient with other available funds, to pay the interest on and the principal of the bonds of such issue as such obligations become due and payable. Page 3 - Resolution IN WITNESS WHEREOF, the City Council of the City of Ashland, Jackson County, Oregon, has caused this bond to be signed by facsimile signature of its Mayor and attested by facsimile signature of its Recorder, and has caused its seal to be affixed hereto or printed hereon as of the date indicated above. Mayor, City of Ashland, Oregon ATTEST: Recorder, City of Ashland, Oregon THIS BOND SHALL NOT BE VALID UNLESS PROPERLY AUTHENTICATED BY THE REGISTRAR IN THE SPACE INDICATED BELOW. REGISTRAR'S CERTIFICATE OF AUTHENTICATION This is one of the City of Ashland, Oregon General Obligation Water Refunding Bonds, Series 1985, issued pursuant to the Resolution described herein. United States National Bank of Oregon, as Registrar By: Authorized Officer Note to Printer: The following language should be printed on the reverse of the bond: This bond is one of the General Obligation Water Refunding Bonds, Series 1985, of the City, and is issued by the City for the purpose of advance refunding its General Obligation Water Bonds, Series 1982, in full and strict accordance and compliance with all of the provisions of the Constitution and Statutes of the State of Oregon and the Charter of the City. The City reserves the right to redeem all or any portion of the bonds maturing after September 1, 1995, in inverse order of maturity and by lot within a maturity on September 1, 1995, and on any interest payment date thereafter, at par plus accrued interest to the redemption date. Notice of redemption shall be mailed by certified mail to the registered holders of the bonds to be redeemed not less than thirty days prior to the intended redemption date, and otherwise Page 4 - Resolution ~ given as required by law; however, any failure to give notice shall not invalidate the redemption of the bonds. All bonds called for redemption shall cease to bear interest from the date designated in the notice. The bonds are issuable in the form of registered bonds without coupons in the denominations of $5,000 or any integral multiple thereof. Any transfer of this bond must be registered, as provided in the resolution of the City authorizing the issuance of its General Obligation Water Refunding Bonds, Series 1985 (the "Resolution), upon the bond register kept for that purpose at the office of the Registrar. The City and the Registrar may treat the person in whose name this bond is registered as its absolute owner for all purposes, as provided in the Resolution. This bond may be exchanged for bonds of the same series and maturity, but of different authorized de~ominations, as provided in the Resolution. The bondowner may exchange or transfer any bond by surrendering it (together with a written instrument of exchange or transfer satisfactory to the Registrar duly executed by the registered owner or his duly authorized attorney) at the office of the Registrar, in the manner and subject to the conditions set forth in the Resolution. ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Please insert social security or other identifying number of assignee the within Bond and does hereby irrevocably constitute and appoint ' as attorney to transfer this Bond on the books kept for registration thereof with the full power of substitution in the premises. Dated: Page 5 - Resolution NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed (Bank, Trust Company or Firm) Authorized Officer The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations. ' TEN COM -- tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common OREGON CUSTODIANS use the following CUST UL OREG - as custodian under the laws of Oregon for MIN (Minor's Name) Additional abbreviations may also be used though not in the list above. Section 7. Authentication, Registration and Transfer. (1) No Refunding Bond shall be entitled to any right or benefit under this resolution (the "Resolution") unless it shall have been authenticated by an authorized officer of the City's registrar and paying agent (the "Registrar"). The Registrar shall authenticate all Refunding Bonds to be delivered at closing of this bond issue, and shall additionally authenticate all Refunding Bonds properly surrendered for exchange or transfer pursuant to this Resolution. (2) All Refunding Bonds shall be in registered form. The City hereby appoints United States National Bank of Oregon, Portland, Oregon, to serve as Registrar for the Refunding Bonds. A successor registrar may be appointed for the Refunding Bonds by ordinance or resolution of the City. The Registrar shall provide notice to bondowners of any change in the Registrar not later than the bond payment date following the change in Registrar. Page 6 - Resolution (3) (4) (5) The ownership of all Refunding Bonds shall be entered in the bond register maintained by the Registrar, and the City and the Registrar may treat the person listed as owner in the bond register as the owner of the Refunding Bond for all purposes. The Registrar shall mail each interest payment on each interest payment date to the name and address of the bondowner as they appear on the bond register on the fifteenth day of the month preceding an interest payment date (the "Record Date"). If payment is so mailed, neither the City nor the Registrar shall have any further liability to any party for such payment. Refunding Bonds may be exchanged for an equal principal amount of Refunding Bonds of the same maturity which are in different denominations, and Refunding Bonds may be transferred to other owners if the bondowner submits the following to- ,the Registrar: (a) written instructions for exchange or transfer satisfactory to the Registrar, signed by the bondowner or his attorney in fact and guaranteed or witnessed in a manner satisfactory to the Registrar; and (b) the Refunding Bonds to be exchanged or transferred. (6) The Registrar shall not be required to exchange or transfer any Refunding Bonds submitted to it during any period beginning with a Record Date and ending on the next following payment date; however, such Refunding Bonds shall be exchanged or transferred promptly following that payment date. (7) The Registrar shall note the date of authentication on each Refunding Bond. The date of authentication shall be the date on which the bondowner's name is listed on the bond register. (8) For purposes of this section, Refunding Bonds shall be considered submitted to the Registrar on the date the Registrar actually receives the materials described in subsection (5) of this section. (9) The City may alter these provisions regarding registration and transfer by mailing notification of the altered provisions to all bondowners. The altered provisions shall take effect on the date stated in the notice, which shall not be earlier than 45 days after notice is mailed. Page 7 - Resolution Section 8. Sale of Refunding Bonds. The Recorder shall cause to be published in the Daily Tidings, Ashland, Oregon, and in the Daily Journal of Commerce Portland Business Today, Portland, oregon, notices of sale of the Refunding Bonds in substantially the form attached as Exhibit A, or summaries, as provided by law. The Refunding Bonds shall be sold upon the terms provided in the attached Exhibit A. The Refunding Bonds shall be sold on the date and at the time and place stated in Exhibit A, unless the Mayor or Director of Finance establishes a different date, time, or place. Section 9. Escrow. As provided in Section 2 of this Resolution, the net proceeds of the Refunding Bonds are to be placed in irrevocable escrow. The Mayor or the Director of Finance are hereby authorized to select an escrow agent and approve and execute an escrow deposit agreement, which shall be substantially in the form attached as Exhibit B. The escrow agent or the Director of Finance are hereby authorized to subscribe for and purchase the government obligations to be placed in the escrow, on b~half of the City. ' Section 10. Redemption of Series 1982 Bonds. Contingent solely on the issuance of the Refunding Bonds and the deposit of the net proceeds with the escrow agent, the City hereby irrevocably calls for redemption all its then outstanding Series 1982 Bonds on October 1, 1992 at a price of 100% of par, plus accrued interest. ADOPTED by the unanimous vote of the Council, with a quorum in attendance, this r,:; 7.-!, day-of [laa.uQ..i, 198~. - .J- APPROVED by the Mayor this ''It!, day of ~, 19B5=. , ,L4 ~ ~~,.~t- (1)r..~ .(~A-t.~A-'- Mayor ' Executed this 7?;;!' day of Qun'Lhi, 198 ;-. U ATTEST: ~ --- .--::::/ /~., , - Recorder .c: -~ / G/!.: /'d'/r../-;' Lc....:<-..-' " , I, Nan E. Frankl in, duly elected City Recorder of the City of Ashland, certify this copy of Resolution No. B5-41 to be a true copy of the original, on fi Ie in the office of the City Recorder. Page 8 - Resolution ~ L ~d~~ Nan E. Franklin, City Recorder August B, 29B5 EXHIBIT A OFFICIAL NOTICE OF BOND SALE $1,825,000 CITY OF ASHLAND COUNTY OF JACKSON , STATE OF OREGON GENERAL OBLIGATION WATER REFUNDING BONDS, SERIES 1985 NOTICE IS HEREBY GIVEN that sealed bids will be received on behalf of the City of Ashland, Jackson County, Oregon, until 3:00 o'clock p.m. (Pacific Time) on August 2B, 19B5 at the offices of Ragen, Roberts, Tremaine, Krieger, Schmeer, O'Scannlain & Neill, 1600 Orbanco Building, 1001 SW Fifth Avenue, portland, Oregon, 97204, at which time they will be publicly opened and announced. The bids shall be considered and acted upon by the City within four business hours. ISSUE: Approximately ONE MILLION EIGHT HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($1,825,000) consisting of registered bonds in denominations of FIVE THOUSAND DOLLARS ($5,000) or integral multiples thereof, all dated September 1, 1985. INTEREST RATE: Maximum not to exceed a true interest cost of nine and one-half percent (9.50%) per annum. Interest is payable semiannually on September 1 and March 1 of each year until maturity or prior redemption, commencing March 1, 1986. Bidders must specify the interest rate or rates which the bonds hereby offered for sale shall bear. The bids shall comply with the following conditions: (1) Each interest rate specified in any bid must be a multiple of 1/8th or 1/20th of one percent (1%); (2) No bond shall bear more than one rate of interest; (3) Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; (4) All bonds maturing at anyone time shall bear the same rate of interest; and (5) The interest rate for any maturity shall not be less than the interest rate specified for any prior maturity. MATURITIES: The bonds shall mature serially on the 1st day of September of each year as follows: Page 1 - Official Notice of Sale YEAR AMOUNT YEAR AMOUNT 1986 $ 15,000 1995 105.000 1987 60,000 1996 115,000 1988 65,000 1997 13D,OOO 1989 65,000 1998 140,000 1990 70,000 1999 155.000 1991 75,000 2000 170,000 1992 85,000 2001 185,000 1993 90,000 2002 200,000 1994 100,000 The principal amount maturing each year may be changed in order to maximize savings and to permit issuance of the precise amount of bonds necessary for the refunding. Interested bidders may contact the City's financial advisor the day prior to the sale for an estimate of changes in the principal amounts. Changes shall be reflected in the resolution awarding sale of the Bonds. ' REDEMPTION: The City reserves the right to redeem all or any portion of the bonds maturing after September 1, 1995, in inverse order of maturity and by lot within a maturity on September 1, 1995, and on any interest payment date thereafter, at par plus accrued interest to the redemption date. Notice of redemption shall be given by publication as required by law and by mailing notice thereof to the registered owners not less than 30 days prior to the redemption date. Interest on any bond or bonds so called for redemption shall cease on the redemption date designated in the notice. REGISTRATION: The bonds will be issued form, and may be exchanged at the expense of bonds of different authorized denominations. converted to bearer form. in fully registered the City for similar Bonds may not be PAYMENT: Principal and interest are payable, either at maturity or upon earlier redemption, by check or draft through the office of the registrar and paying agent of the City, which is currently United States National Bank of Oregon, Portland, Oregon. PURPOSE: Proceeds of the bonds will be used to advance refund the City's General Obligation Water Bonds, Series 1982, which are dated October 1, 1982, and were issued in the principal amount of $1,695,000. SECURITY: The bonds are general obligations of the City. The City has covenanted to levy an ad valorem tax annually which, with other available funds, will be sufficient to pay bond principal and interest as they come due. Page 2 - Official Notice of Sale LEGAL OPINION: The approving opinion of Ragen, Roberts, Tremaine, Krieger, Schmeer, O'Scannlain & Neill, Lawyers, of portland, Oregon, will be provided at no cost to the purchaser, and will be printed on the bonds at the expense of the City. TAX EXEMPT STATUS: Interest on the bonds, in the opinion of bond counsel, is exempt from taxation by the united States under present federal income tax laws and from personal income taxation by the State of Oregon under present state law. BEST BID: Bids will be evaluated using the true interest cost (TIC or Canadian) method, discounting debt service payments to the date of the bonds and the aggregate amount to be paid for the bonds. Each bidder is requested to supply the total interest cost and true interest cost that the City will pay if the bid is accepted. The purchaser must pay accrued interest, computed on a 3~o )~~day basis, from the date of the bonds to the date of delivery. The cost of printing the bonds will be born by the City. Bids will be awarded on the maturity schedule and principal amount presented in the Official Notice of Bond Sale. The actual discount will be calculated using the percentaqe shown in the bid, not the dollar amount. DELIVERY: Delivery of the bonds will be made without cost to the successful bidder at such bank in the City of Portland, Oregon, as the successful bidder shall name. Payment for the bonds must be made in Federal funds. Delivery will be made within thirty days. FORM OF BID: All bids must be for not less than all the bonds hereby offered for sale, and for not less than ninety-eight percent (98%) of the par value thereof and accrued interest to the date of delivery. Each bid together with bidder's check as herein specified must be enclosed in a sealed envelope addressed, to the City and designated "Proposal for Bonds". Bidders must specify the discount as a percentage of the.final principal amount of the bonds. BID CHECK: All bids must be unconditional and accompanied by a certified or cashier's check on a bank doing business in the State of Oregon for not less than Thirty-Six Thousand Five Hundred Dollars ($36,500) payable to the order of the City to secure the City from any loss resulting from the failure of the bidder to comply with the terms of its bid. Checks will be forfeited to the City as liquidated damages in case the bidder to whom the bonds are awarded withdraws its bid or fails to complete its purchase in accordance with the terms thereof. No interest shall be allowed on the deposit but the check of the successful bidder will be retained as part payment of the bonds or for liquidated damages as described above. Checks of the unsuccessful bidders will be returned by the City promptly. Page 3 - Official Notice of Sale RIGHT OF REJECTION: The City reserves the right to reject any or all bids, and to waive any irregularities. OFFICIAL STATEMENT: The City has prepared an official statement relating to the bonds, a copy of which will be furnished upon request to its financial consultant, Moore, Breithaupt & Associates, 147 Commercial, N.E., Salem, Oregon 97301, telephone (503) 364-9326. CUSIP: CUSIP numbers will be imprinted upon all bonds of this issue at the City's expense. Failure to print, or improperly imprinted numbers will not constitute basis for the purchaser to refuse to accept delivery. NO LITIGATION: At the time of payment for the delivery of said bonds, the City will furnish the successful bidder with the usual closing documents, including a certificate that there is no litigation pending affecting the validity of the bonds. FURTHER INFORMATION: Additional information regarding the City and this sale may be obtained from Moore, Breithaupt & Associates, 147 Commercial, N.E., Salem, Oregon 97301, telephone (503) 364-9326. Nan Franklin, Recorder City of Ashland, Oregon Page 4 - Official Notice of Sale EXHIBIT B ESCROW DEPOSIT AGREEMENT 198 , by and- "Escrow Agent") and its successors. ESCROW DEPOSIT AGREEMENT, dated as of and between the CITY OF ASHLAND, OREGON (the , Portland, Oregon , "Issuer"), (the THE PARTIES RECITE: A. Pursuant to a bond resolution, dated as of , 198 (the "Resolution"), the Issuer has determined to issue its General Obligation Water Refunding Bonds, Series 1985 (the "Refunding Bonds"), for the purpose of providing funds to pay the costs of refunqing the Issuer's currently outstanding General Obligation Water Bonds, Series 1982 (the "Series 1982 Bonds") . ' B. The Escrow Agent has reviewed the Resolution and this Agreement, and is willing to serve as Escrow Agent hereunder. C. The Escrow Agent has received true Resolution and the City's resolution dated authorizing the issuance of the Series 1982 Bonds 1982 Bond Resolution") . _ copies of the , 1982, (the --"-Ser ies THE PARTIES AGREE: 1. Notice of Redemption. Pursuant to the Resolution, the Series 1982 Bonds maturing after October 1, 1992, have been,_ designated for redemption on October 1, 1992. The Escrow Agent agrees to give notice of the redemption of the Series 1982,Bonds in the manner provided in the Series 1982 Bond Resolution, and in substantially the form attached hereto as Appendix "A". The Escrow Agent hereby certifies that provision satisfactory and acceptable to the Escrow Agent has been made for the giving of notice of redemption of the Series 1982 Bonds. The content of the notice shall be the responsibility of the Issuer. 2. Establishment of Escrow. There is hereby created and established with the Escrow Agent a special and irrevocable escrow designated City of Ashland, Oregon Series 1982 Bonds Trust Account, Escrow Deposit Fund (the "Escrow Deposit Fund") to be held in the custody of the Escrow Agent separate and apart from other funds of the Issuer or of the Escrow Agent. The Escrow Deposit Fund will contain direct obligations of, or obligations guaranteed by, the united States Government ("Acquired Page 1 - Escrow Deposit Agreement - - . Obligations") and monies to be applied as provided herein, which will be in an amount at least sufficient to pay, as of any date of calculation, the principal of and the interest on the Series 1982 Bonds as the same shall become due until October 1, 1992, and to redeem all outstanding Series 1982 Bonds on October 1, 1992, as shown in the attached Appendix "B". 3. Deposit and Use of Funds. The Escrow Agent hereby acknowledges receipt of (i) the immediately available monies and (ii) the Acquired Obligations described in Appendix "C., and agrees to deposit both in the Escrow Deposit Fund. (a) Such Acquired Obligations and monies, together with any income or interest earned thereon, shall be held in escrow and shall be applied sOlely to the payment of the principal of, and interest on the Series 1982 Bonds through their redemption on October 1, 1992. (b) The Esorow Agent shall receive the matured principal of and the interest on the Acquired Obligations as the same are payable. On or before each interest payment date on the Series 1982 Bonds, the Escrow Agent shall transfer sufficient funds to the paying agent for the Series 1982 Bonds (the .Paying Agent") for the payment of interest on and principal of the Series 1982 Bonds pursuant to the schedule shown in Appendix B of this Escrow Deposit Agreement. 4. Irrevocable Escrow. The deposit of the Acquired Obligations and monies in the Escrow Deposit Fund shall constitute an irrevocable deposit and escrow for the benefit of the holders of the Series 1982 Bonds. 5. Reinvestment: Substitution of Investments. Any monies remaining in the Escrow Deposit Fund after an interest payment date on the Series 1982 Bonds shall be invested, to the largest integral multiple of $100 which equals or exceeds $1,000.00 and is less than the amount remaining, in United States Treasury Obligations, State and Local Government Series, which are purchased at par and bear a zero rate of interest, and mature when such funds are required to pay principal or interest on the Series 1982 Bonds, or October 1, 1992, whichever is earlier. However, such funds may be reinvested in other Acquired Obligations, or at the direction of the Issuer, the Escrow Agent may redeem the securities in the Escrow Deposit Fund and reinvest the proceeds ther~of, together with other monies held in the Escrow Deposit Fund, in Acquired Obligations specified by the Issuer, provided that the Issuer delivers to the Escrow Agent: (a) the opinion of nationally recognized bond counsel that the foregoing actions will not cause interest paid on the Refunding Bonds to become taxable under Federal income tax laws; and (b) the verification of an independent certified public Page 2 - Escrow Deposit Agreement accounting firm that the calculated yield on the resulting investments in the Escrow Deposit Fund will be sufficient to pay principal and interest due on the Series 1982 Bonds. 6. pavrnent and Duties of Escrow Aqent. (a) In consideration of its initial fee, the Escrow Agent agrees to establish the Escrow Deposit Fund, to invest the monies in that fund pursuant to this Escrow Deposit Agreement and the instructions of the Issuer and make disbursements to the Paying Agent, and to give notice of redemption, all as herein provided. The Issuer agrees to and shall pay to the Escrow Agent its reasonable fees and expenses for additional action taken pursuant to this Escrow Deposit Agreement at the request of the Issuer. Such expenses shall include the fees of any independent consultants, including, without limitation; attorneys, regardless of whether formal legal proceedings are required and, if required, on trial and appeal therefrom, from any monies of the Issuer lawfully available therefor . However, in no event shall the EScrow Agent have any lien whatsoever upon any of the monies and Acquired Obligations in the Escrow Deposit Fund for the payment of such fees and expenses. The Issuer hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and keep harmless the Escrow Agent and its respective successors, assigns, agents and servants, from and against any and all liabilities, obligations, losses, damages, and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements, regardless of whether formal legal proceedings are required, and, if required, on trial and appeal therefrom) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Agent (whether or not also indemnified against by the Issuer or any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Deposit Agreement, the establishment of the Escrow Deposit Fund, the acceptance of the monies and securities or the proceeds thereof and any payment, transfer or other application of monies or securities by the Escrow Agent in accordance with the provisions of this Escrow Deposit Agreement, or as may arise by reason of any act, omission or error of the Escrow Agent made in good faith in the conduct of its duties; provided, however, that the Issuer shall not be required to indemnify the Escrow Agent against its own negligence, active or passive, or misconduct. In no event shall the Issuer be liable to any person by reason of the transactions contemplated hereby other than to the Escrow Agent as set forth in this Section 6. The indemnities contained in this Section 6 shall survive the termination of this Escrow Deposit Agreement. Page 3 - Escrow Deposit Agreement (b) The Escrow Agent shall be under no obligation to inquire into or be in any way responsible for the performance or nonperformance by the Issuer of any of its obligations, or to protect any of the Issuer's rights under any bond proceeding or any of the Issuer's other contracts with or franchises or privileges from any state, county, municipality or other govern- mental agency or with any person. The Escrow Agent shall not be liable for any act done or step taken or omitted by it, or for any mistake of fact or law, or for anything which it may do or refrain from doing, except for its negligence, misconduct, or its default in the performance of any obligation imposed upon it hereunder. The Escrow Agent shall not be liable or responsible for any loss resulting from any investment made pursuant to this Escrow Deposit Agreement and in full compliance with the provisions hereof. 7. Escrow Inviolate. No paying agents' fees or other charges of any nature may,be paid from the escrowed money or Acquired Obligations prior to retirement of all Series 1982 Bonds. The Issuer agrees that it will pay any and all such fees from its other legally available funds as such payments become due prior to such retirement. 8. Notice of Deficiency., If at any time there shall be insufficient funds on hand in the Escrow Deposit Fund for the payment of principal and interest and premium, if any, falling due on the Series 1982 Bonds, the Escrow Agent shall promptly notify the Issuer of such deficiency. 9. Reporting. The Escrow Agent shall not later than the last day of of each year mail a report to the Issuer of the receipts, income, investments, redemptions and payments of and from all of the funds and accounts established hereunder during the next preceding fiscal year. 10. Time for Payment. The Escrow Agent shall make payments out of the Escrow Deposit Fund to the Paying Agent in sufficient time to permit the paying Agent to pay principal of and interest on the Series 1982 Bonds without default. After all sums required for the payment of principal of and interest on the series 1982 Bonds have been paid to the Paying Agent as herein provided, the Escrow Agent shall transfer any remaining monies or Acquired Obligations to the Issuer. ' 11. Irrevocable Escrow for Benefit of Bondholders. The Escrow Agent and the Issuer recognize that the holders from- time to time of the Series 1982 Bonds and the coupons appertaining thereto have a beneficial and vested interest in the Acquired Obligations and monies to be held by the Escrow Agent as herein provided and in the provisions of this Escrow Deposit Agreement. It is therefore recited, understood and agreed that Page 4 - Escrow Deposit Agreement this Escrow Deposit Agreement shall not be subject to revocation or amendment until its provisions have been fully executed. 12. Escrow Agent not Directly Liable. None of the provisions contained in this Escrow Deposit Agreement shall require the Escrow Agent to use or advance its own funds or otherwise incur direct financial liability in the performance of any of its duties or the exercise of any of its rights or powers hereunder. The Escrow Agent shall be under no liability for interest on any funds or other property received by it hereunder, except as herein expressly provided. 13. Segregation of Escrow. The Escrow Agent shall hold the Acquired Obligations and all monies received by it from the collection of principal of and interest on the Acquired Obligations, and all monies received from the Issuer hereunder, in a special fund and separate trust account wholly segregated from all other funds and investments deposited with the Escrow Agent, and shall never co-mingle such investments with other monies or investments. Ti tIe to such Acquired Obligations and monies shall remain in the Issuer. ' 14. Governing Law. This Escrow Deposit Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. ,15. Notices. Any notice, request, communication other paper shall be sufficiently given and shall be deemed when delivered or mailed, by registered or certified mail, postage prepaid or sent by telegram as follows: if to the Issuer, at City of Ashland, City Hall, Ashland, Oregon 97520, Attention: Finance Director; and if to the Escrow Agent, at , Attention: The Issuer and the Escrow Agent may designate any further or different addresses to which subsequent notices, requests, communications or other papers shall be sent. or given , l6. Severability. If anyone or more of the covenants or agreements provided in this Escrow Deposit Agreement on the part of the Issuer or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such convenant or aqreement shall be deemed and construed to be severable from the remaining covenants and- agreements herein contained and shall in no way affect the validity of the remaining provisions of this Escrow Deposit Agreement. Page 5 - Escrow Deposit Agreement 17. Counterparts. This Escrow Deposit Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by their duly authorized officers as of the date first above written. CITY OF ASHLAND, OREGON By Its , ESCROW AGENT By Authorized Officer Page 6 - Escrow Deposit Agreement ~ APPENDIX A NOTICE OF REDEMPTION STATE OF OREGON CITY OF ASHLAND GENERAL OBLIGATION WATER BONDS, SERIES 1982 The City of Ashland in the State of Oregon has called for redemption on October 1, 1992 all of its General Obligation Water Bonds, Series 1982 maturing after October 1, 1992 (Bonds numbered to , inclusive). The Bonds will be due and payable a~he office of in , Oregon at a redemption price equal to the principal amount thereof p~us interest accrued to October 1, 1992. All interest on such Bonds shall cease to accrue after October 1, 1992. CITY OF ASHLAND, OREGON By: , Escrow Agent Page 7 - Escrow Deposit Agreement , " RAGEN. ROBERTS. TREMAINE. KRIEGER, SCHMEER. O'SCANNLAIN Be NEILL LAWYERS , FRED M. "E9t GARY M. ANDERSON DOUGLAS G. SECKMAN PATRICK G. BOYLSTON DOUGLAS R. COURSON RICH....RD.... GLlC'" TIMOTHY W. HELTZEL. P.C. O....vrc J, ICR1EGER. PC:. MIl-TON C. LANKTON. ".e. RODNEY E.1.EWIS. JR. D. CHARLES MAURITZ'.' WILLI....'" R, MILI..ER. .JR. CHRIS 1... MULLMANN .JAMES 1<, NEILL, JR. ROBERT D. NEWELL. D1ARh1U10 F. O'SC....NNLAIN.... RONAL.D K. RAGEN RICH....RD D. ROBERTS HARVEY W. ROGERS MICHAEL. H. SCHMEER, P.C. VICTOR D. ST1BOLT H. STEWART TREMAINE, P.C. 1500 ORBANCO BUILDING 1001 S.W. FIFTH AVENUE PORTLAND. OREGON 97204.1157 TELEPHONEf~0312412300 TElECOPIER IS031 223 7732 DAVID C. SACA DU....NE A. BOSWORTH II PETER M. SURREL-l.. MARY CH....FFIN CLAUDIA M. COLEMAN" SE....N DON....HUE HUNTER e. EMERICK DOUGLAS E. GOE FR"'NK G. H"'USM"'NN. .JR. THOM"'S S. HI1.1.IEA WI1.U.....,.. 1.. l......RKINS. JR. .J.....MES S. SMITH" P.....MELA S. STEBBEDS JOSEPH M. v.....N1.EUVEN TIMOTHY R. VOLPERT August 5, 1985 OREGON "'ND C:"'~I~O"Nl'" ....R5. OREaOH ...HOw"'S.UHa1'"OH ....."s.. OllltaON AND 1'"1:11;..... ...."5... OREGON "'HD N~ YOAI( ...."S.... WASHINGTON. D.C. OFFICE SUITE 800 2300 M STREET. N.W. W",SHINGTON. D.C. 20037 12021333'6"00 OF COUNSEl. GEORGE BLACK, .JR. RICHARD E. KENT WH.UAM A. MARTIN WATSON O. ROBERTSON / VMr. Robert Nelson Director of Finance Mr. Ronald Salter City Attorney City of Ashland 20 East Main Ashland, Oregon 97520 WALTER H. Ev",NS III OF COUNSEl. Mr. Robert Moore Financial Consultant Moore, Breithaupt & Associates 147 Commercial Street, N.E. Salem, Oregon 97301 Re: City of Ashland General Obligation Refunding Bonds, Series 1985 Gentlemen: Please find enclosed copies of the Resolution, Official Notice of Bond Sale (Exhibit A) and Escrow Deposit Agreement (Exhibit B) for the above referenced bonds. We will be coordinating publication of the Notice in The Daily Journal of Commerce and request that you handle publication in the Daily Tidings, the local publication. Very truly yours, RAGEN, ROBERTS, TREMAINE, KRIEGER, SCHMEER, O'SCANNLAIN & NEILL ~~ V ~t!6'te'-7 Carol W. Callaway Legal Assistant CWC/mtc enclosures FORM No. 812 LEASE-BU51NE55 PROPERTY. ,,- I. ":.' TH" mDENTURE DF LEA". m." ~, ._'" '"'" .., ......,L__...., '" _....J.""'...._.~ 19n~~n'., by and between .._!.~_~__~_~~n~Q.~_~___~E.~._!!_~Q!'!'m!'!_9.!'!Q'mh!!!e_R~I\gm"'!)._9.nlo>:UlLm_..n__..__m___..____............ _.u._...u.______.._____....~~....n.--.u-n-n--------.u.n....u.n_._nu.n__..uuuu......_....._...nn......__......u_u..._..__.nu....un._nu._..u_u_____..__uu__u_._____., h~;;i~;;;--;;:;]i~dn;h~ni~~-~~;;...;;;;d--:::::::::::::::::~st!i::Qt:!.\~j!~p.::::g:::ii.,;:lli:9:_iP:~i::;;;:~j;:~~:;:t:i~;;:::=::::::::::=::::::::::::::::::: .-.----------.........-.----.....----.---......----....-....-..-.-....-.-.--..---....-....-......-.........---------...----.-...-.....----...------------..-----.-.--...--..-------..-.--.-----. ....n___nmmm..m._...._..m_n________m.n_....._......_......nn..n_...__m_mmn.n........._...._..._..........__...n.____n____' hereinafter called the lessee, WITNESSETH: In consideration of the covenants, agreements and stipulations herein contained on the part of the lessee to be pEnd, kept and faithfully performed, the lessor does hereby lease, demise and let unto the said lessee those certain premises, as is, situated in the City of__.n_.___.~?~.~___.._m_m_mn' County of .__J_A!;KSQ_N......_..... and State of __..__Q~!lQtLn_n____n_m', known and decribed as follows: Upstairs office space, Rooms #3, #4, #5 and #6 at 27~ N. Main Street, Ashland To Have and to Hold the said described premises unto the said lessee for a period of time commencing with the..}_'?_~____day of .m:!.!!!y..___m__m_.._m_' 19_Jl_~_.., and ending at midnight on the__30thday of _J-l,m&>_mm_m________mnm_m' 19..~?__, at and for a rental of $__l~_._(i_QQn.____m_.._...for the whole of the said term payable in lawful money of the United States at nmlJAz..!'_"'!.ls_..S_J;XJi~~_t_n...n._..n_mn.n_mmn______m__m_mmmnm_' City of __.Ashlaodmnmm_______:m_mnn' State of m..__~E~~.~~.m_n_n.....m_____nn_.._.__.._, at the following times and ,in the following amounts, to-wit: The sum of $650.00 upon the execution of this lease and the sum of $325.00 commencing on the 1st day of July, 1985 and continuing on the 1st day of each month thereafter through June 30, 1987, until the full sum of $15,600 shall have been ' paid for the lease term. , i I 1 I I , II i ! In consideration of the leasinA of said premises and of the mutual agreements herein contained, each party hereto does hereby expressly covenant and agree to and with the other, as follows: i- MINUTES ASHLAND PLANNING COMMISSION July 10, 1985 CALL TO ORDER The meeting was called to order at 7:30 P.M., by Chairperson Don Greene. In attendance were Betty Lou Dunlop, Carlyle Stout, Mike Slattery, Carole Steinbrenner, Associate planner Steve Jannusch, Planning Director John Fregonese, and Administrative Secretary Nancy E. Peskind. APPROVAL OF MINUTES AND FINDINGS AND ORDERS The Minutes Meeting and written. and Findings and Orders of the June 12, the June 17, 1985 Continued Meeting were 1985 Regular approved as TYPE II PUBLIC HEARINGS pM 85-054 CONDITIONAL USE PERMIT SITE REVIEW APPLICANT: CARL & VIRGINIA VOGEL PLANNING ACTION #B5-054 is a request for a Conditional Use Permit ~nd Site Review to convert the existing residence at 550 Siskiyou Bl~d. into professional offices. Comprehensive plan Designation: Multi- family Residential. Zoning: R-2 (Multi-family Residential). Assbs- sor's Map #: 9DB. Tax Lot #: 4600. APPLICANT: Carl & Virginia Vogel STAFF REPORT Dunlop stated that Mrs. Vogel was her CPA but, since she had I no financial interest in her business, this did not constitute a con- flict of interest. Jannusch gave the Staff Report describing the existing structure on'the site and referring to the elevations on the board. He described the exiting mature trees on the site all lof which will be retained. The Applicant's are proposing to use brick pavers for the off-street parking to the rear of the structure. Jannusch reported that the Historic Commission had reviewed the application at their last meeting and were concerned about the si~n- age for the use. They wanted to the signage to be limited to one 6 square foot wall sign. He then read the Conditions of Approval proposed by Staff commenting that Condition #2 would be reworded to say "improvements shall be installed...," thereby deleting the I I APC, 7-10-85, Page 1 (;:--1 phrase "as noted on the attached site plan." Stout asked if the Historic Commission was in favor of the proposal. Jannusch replied that they were. Greene asked what had been discussed by the Historic commission in relation to the proposal. Jannusch and Fregonese responded that there had been some discussion regarding the proposed overlay zone for Siskiyou Blvd. and whether or not there would be any way to tie this approval into the requirements of that ordinance. There is no procedure or precedence for doing this. Stout asked if the Historic Commission would be reviewing the changes to the structure. Jannusch replied that they had approved the changes as per the submitted plans. Slattery asked about the colors that the Applicant would be using and expressed some concern about the Siskiyou overlay zone and whether or not a trend would be set by this application. Regarding the colors, Fregonese stated that the Commission could delegate Staff to review and approve them. At this time, the Public Hearing was opened. PUBLIC HEARING Virginia Vogel, Applicant, spoke in favor of the application. She expressed concern about the parking situation being monitored for 12 months in light of the improvements they would making. She stated that they would be retaining the same colors (white with green trim) to which Fregonese commented that this color scheme could be approved now by the Commission eliminating the need for Staff review. Slattery asked Vegel how she felt about the sign restrictions imposed by the Historic Commission. Mrs. Vogel re- plied that this amount of signage would be adequate. As there was no further public testimony, the Public Hearing was closed. COMMISSION DISCUSSION AND MOTION Slattery reiterated his concerns about a trend being set for commer- cial/office conversions on Siskiyou Blvd. Stout shared Slattery's concerns and felt that the trend was inevitable., He concurred with the Historic Commission's recommendation regarding the signage for the use and felt that it was most important to maintain the residen- tial flavor of the area in approving these conversions. Slattery brough up Lombard's office conversion of an example where the street- scape was not changed. Jannusch stated that the Applicant would be cleaning up and fertilizing the existing landscaping. Stout asked if irrigation would be required. Regarding landscaping, Fregonese stated that Staff's main concern was saving the mature trees on the site. After further discussion, Slattery moved to approve the appli- cation adding the signage limitation and the proposed color scheme to the Conditions of Approval. Dunlop seconded the motion and the vote was unanimous to approve. APC, 7-10-85, Page 2 pM 85-055 OUTLINE PLAN APPROVAL 8-UNIT PUD APPLICANT: PETER COTTON PLANNING ACTION #85-055 is a request 9-unit Planned Unit Development on street between Mountain and Elkader. Single-family Residential. Zoning: tial). Assessor's Map #: 16AD. Tax APPLICANT: Peter W. Cotton for Outline Plan approval for a 2.47 acres located off of Emma Comprehensive plan Designation: R-1-7.5 (Single-family Residen- Lot #: 100. STAFF REPORT Fregonese gave the Staff Report reminding the Commission that request was for Outline and Final plan approval. He felt that was an excellent application of the Performance Standards Ordinance as it included low density, low lot coverage, very little land dedicated to paving and as little disturbance of the existing site as possible. He reviewed the plans on the board and read the proposed Conditions of Approval. At this time, the Public Hearing was opened. this this PUBLIC HEARING Peter Cotton, applicant, spoke in support of the application. He said that the development was designed to take full advantage of views and vistas, to retain existing vegetation, for minimal tree removal, and for high quality small homes of which Super Good Cents will be the model. Relative to the Conditions of Approval, he was Ok with #1 and felt that #2 was redundant per the Ordinance. He said that if necessary a variance would be requested for lot #8 to build a taller house than the ordinance would allow. That would depend, however, on whether or not the purchaser of the lot would want to build a tall house. Stout asked what the approximate square footage of the, homes would be. Cotton responded that it varied per site conditions although most were 1500 to 2000 square feet. Lots #5 & #3 would pro-bably have 2500 to 3000 square foot homes on them. Steinbrenner asked why the plan only showed 8 building lots when the application was for a 9-unit PUD. Cotton replied that there was a pre-existing home that would, be part of the PUD. Slattery asked about the building height variance for lot #8. Cotton explained that a taller structure would take better advantage of the view but it would be up to the person building on lot. Greene asked about the surface of the pedestrian pathways. Cotton responded that they would be left in their_ natural state. Roger Kauble, that he too available for 173 Hersey, consulting engineer for felt it was an excellent proposal. questions. the project, stated He said he was APC, 7-10-85, Page 3 c:-> John Bodilly, 1100 -Emma, asked Cotton what effect the propo~ed development would have on his view. Cotton responded that his V1ew would not be interfered with. Bodilly asked what the effect would be on the already poor water pressure in the area. Fregonese responded that the proposal had been reviewed by both the Water Department and the Public Works Department and Staff had received no negative feed- back from them. Stan potaski stated that he was purchasing a home across the street from the proposal and he was also concerned about the water pressure situation. He wanted to know who would be responsible for any futher deterioration of the existing water pressure situation. Fregonese recommended making a low pressure complaint to the City. Harold Klusmeier, 1095 S. Mountain, stated that he had extremely high water pressure at his house. As there was no further public testimony, the Public Hearing was closed. COMMISSION DISCUSSION AND MOTION Stout asked why the 35' building height limitation was mentioned in Condition #2 if it was already stated in the ordinance., Fregonese responded that Staff wnated to make it clear. Regarding Condition #3, Fregonese stated that the word "substantially" could be added thereby allowing minor wording changes to the CC&R's. After fur- ther discussion, Stout moved to approve the proposal with the deletion of Condition #2 and the addition of the word "substantial- ly" to Condition #3. Dunlop seconded the motion and the vote was unanimous to approve. After further discussion regarding the water pressure situation, it was decided that Staff would bring it to the attention of the Water Department. PM 85-057 12-PARCEL STANDARD SUBDIVISION APPLICANT: HAROLD W. KLUSMEIER PLANNING ACTION #B5-057 is a request for a 12-parcel standard subdivision located directly east of Peachey Road between Hillview and Beswick. Comprehensive Plan Designation: Single-family Residen- tial. Zoning: R-l.7.5 (Single-family Residential). Assessor's Map #: 15AD & l5DA. Tax Lot #'s: 2305 & 3100. APPLICANT: Harold W. Klusmeier Jannusch gave the Staff Report commenting that this was the first application for a standard subdivision that he had seen. Referring to the site plan he stated that this was an appropriate development for the site and that it meets the requirements of the Subdivision Ordinance. He reviewed the Conditions of Approval for the Commis- APC, 7-10-85, Page 4 <~> sion. Greene asked' if Peachey could be paved as an assessment district to which Fregonese replied that it could not. At this time, the Public Hearing was opened. PUBLIC HEARING Harold Klusmeier, 1095 S. Mountain, spoke on behalf of the applica- tion. He stated that the land was owned by the Catholic Church. Referring to Condition #7 of the Conditions of Approval, he stated that 4' sidewalks would be required in lieu of 5'. Jannusch confirmed this. Klusmeier stated that the drainage plan would just be required for one lot (#1). Jannusch confirmed this also. The drainage plan would be required at the time of paving. An unidentified property owner of 2 lots on Beswick was the next to speak. He stated that the drainage ditch at the rear of the property drains onto the last lot of the proposed development. Greene asked if there was water in the drainage ditch. The response was that there is water in the ditch all year long. A clarification was requested as to whether peachey would just be dedicated or if it would be improved. The answer was that it would be improved. At this time, the Public Hearing was closed. COMMISSION DISCUSSION AND MOTION Conditions #1 and #4 were discussed and found to be adequate and clearly stated. Condition #7 will be changed to read "4'." After further discussion, Slattery moved to approve the proposal with the above change to Condition #7. Dunlop seconded the motion and the vote was unanimous to approve. At this time, a five minute break was taken. pM 85-058 CONDITIONAL USE PERMIT MUFFLER SHOP APPLICANT: ASHLAND EXHAUST SPECIALISTS PLANNING ACTION #85-058 is and Site Review to locate a complex at 648 Tolman Creek Employment. Zoning: E-l Tax Lot #: 100. APPLICANT: ASHLAND EXHAUST SPECIALISTS a request for a Conditional, Use Permit Muffler Shop in the existing commercial Road. Comprehensive Plan Designation: (Employment). Assessor's Map #: 10CD. Jannusch gave the Staff Report stating that muffler shops are a Conditional Use in the E-l zone. Services are currently installed to the site and paved parking is available for the use. Jannusch APC, 7-10-85, Page 5 '~.A~ reviewed the Conditions of Approval for the Commission. At this time, the Public Hearing was opened. PUBLIC HEARING As there was no public testimony, the Public Hearing was closed. COMMISSION DISCUSSION AND MOTION After some discussion, with Stout seconding approve. Slattery moved to approve the application the motion. The vote was unanimous to PM 85-059 CONDITIONAL USE PERMIT SITE REVIEW APPLICANT: SOUTHERN OREGON STATE COLLEGE PLANNING ACTION #85-059 is a request for a Conditional Use Permit and Site Review for the proposed construction of a carport adjacent to an existing garage at 382 Wightman Street. Comprehensive Plan Designation: Southern Oregon State College. Zoning: SO (South- ern Oregon State College). Assessor's Map #: 10CD. Tax Lot #: 100. APPLICANT: Southern Oregon State College STAFF REPORT Fregonese gave the Staff Report explaining that per the current SO zoning, any use not listed on the SO Plan for the 80's requires a Conditional Use Permit. In any other zone, such uses would only require a Staff Permit or Site Review. He had discussed with the Applicant reviewing the SO Plan for the 80's and coming back to the Commission with a proposal to amend it. Fregonese continued to explain the current proposal on the site plan and reviewed the Con- ditional of Approval. At this time, the Public Hearing was opened. PUBLIC HEARING Rod Stevens, 872 Beswick, stated that he was there to answer any questions the Commission might have. As there was no furhter public testimony, the Public Hearing was closed. COMMISSION DISCUSSION AND MOTION After some discussion, Stout moved to approve this planning action. Dunlop seconded the motion and the vote was unanimous to approve. APC, 7-10-85, Page 6 TYPE I PLANNING ACTIONS PLANNING ACTION #85-061, request for a Site Review for the proposed conversion of a portion of the existing residence at 550 East Main Street into a hair design studio. Jannusch explained action was taken by remained approved by the proposed improvements to the the Commission, therefore, this Staff. site. No application ADJOURNMENT As there was no further Commission business, the meeting was adjourned at 9:15 P.M. , '- , 1 I APC, 7-10-85, Page 7 . . ~ -. , , . 0 CITY OF ASHLAND PARKS AND RECREATION COMMISSION REGULAR MEETING May 30, 1985 The meeting WM eaU.ed ;to ondeJt by .the V-Lee- Cha-L~an at 6:30P.M. ATTENDANCE: ----r/te<leyt;(;: Ab<leyt;(;: NWon, SeaJU.. HMn1.y, ]ohMon, M-LeRwen, Re-Ld C/taw6O!td I. ADDITIONS OR DELETIONS II. APPROVAL OF MINUTES None CommU.,~-LoneJt SeaJU. moved ;to app/tOve the m-Lnu;tM 00 ;the Ap/t.U_ 25, 1985 Regu.w/t Meeting. Comm-LM-LoneJt HMnly <leeonded. The vo;te WM: 4 YM - 0 no III. BILLS AND FINANCES Comm-i.<l<l-LoneJt HMnly moved ;to app/tove ;the d0~bu!t<lement<l -Lnd-Leated by Pay/toit eheeR6 #4658 ;thJtough 4696 and Payable<l eheeR<I #8022 ;th/tough 8101. Comm-i.<l<l-LoneJt ]ohMon <leeonded. The vo;te WM: 4 YM - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA A. Pa6<1e<l OM MeyeJt Ron LabeJt, an AMz.(and c.{.;Uzen, WM p/te<leyt;(; ;to MR the Pool eomm-i.<l<l-Lon ;that ;they eOM-LdeJt -Ln<l.td:ZLUng a PM<I-~_lj<l{eJJl_ oo/t adnU.M;'on ;to ;the DaMel MeyeJt MemoJUa.e. Pool':t.it6;tea:d 00 M:JUcillj ;the paY-M-you-go bM-i.<I. He <la-Ld ;that he Rnew ;that oo/t ;the :two p/tev;'ozu, yeaJU. -Ln wh-Leh ;the pool had been open ;that nWIID'.y pM<lM weJte MU and ;the money Mom ;thMe pM<lM <let Mae ;to pay 060 ;the pool loan; and now ;that ;the loan hM been pa-Ld 066, ;the eomm-LM-Lon hM Mopped ;the pM<I <lY<l;tem. He <la-Ld ;that he would liRe ;to <lee ;the eomm-i.<l<l;'on /teeoM{,deJt ;that pMilion 11.6 a eonveMenee ;to ~ome u~e~ and a.(<Io <I-Lnee ;the pool WM oJUg;'naU.y b~ w{;f;h the <lpad 00 <lUppoJU: o/tom ;the eommwuty. SU<'>an G-iAMd, ano;theJt AMzland /tM-Ldeyt;(;, ;'lid-Leated ;that <lhe WM' a.e.~o p/tMeyt;(; ;to /tequM;t a fUnd 06 1"11.6<1 -6Y<l;tem be -LM;(;{;tu;ted 6M 1tegu-fLvt UlleM 06 ;the pool. She -i.J., a /tegulM tap ~w-LmmeJt who gOM ;to the pool 5 - 6 daY<l a weeR and would app/tec-Late a 1"11.6<1 oo/t bo;th eonven-Lenee and oo/t a pO<l<l-Lble b/teaR on ;the pJUee, <lueh 11.6 22 <lw-Lm<l oo/t $20.00. She 6ett ;that ;the pool wou.cd ga-Ln mo/te /tevellue beeaLu, e mo/te people would <lw-Lm. V-Lee-Cha-Lllman Ne.t6on MRed Lee HOWMd, AequatA.C/.> D-iAec;f;o/t 60/t ;the depMtmeyt;(; ;to <lpeak. He Mid ;that U WM eoJUtec;f; ;that ;the COmm{.M;'oll had dec-Lded ;to <leit 6a.m-i.ly pM<lM p/tev-LoUllly 11.6 a ounMWeJt OM ;the pool. He expla;'ned ;that when ;the eomm-i.<l<l;'on oJUg-LnaU.y <let ;the acirn-W<I-Lon 6eel> 00 $1.00 60/t lap <lw;'mnU.ng and 50'i 60/t open <lw;'lI1I1Vlng, he I,ad adv-i.<led ;that ;they <let ;the . ~ REGULAR MEETING - May 30, 1985 PAGE 2 6ev., hA.gheJt bec.aLV~e 06 :the pO!.>6A.bA.U:ty 06 Iw_nnA.ng :too gltea.t a de Me,.Gt. The c.omm-Wl.>A.on wal.> MIWl A.n :theA-it dec.-wA.on :to l1.eep acIm.U.l.>A.on C.OI.>:t IU .eow IU pO!.>6A.hP.eando_ :tha.t -w how :the $1.00 and 504 Jta;tv., weJte deteJunA.ned. He Mud tha.t he MaLi-zed tha.t 601t .tMgelt 6amA.uv., Olt veJty:ltegu.e1Vt adtLU I.>wA.mmeJt6 :tha.t :th-w c.otdd I.>:UU be "I.>pendy" btrt cUd no:t 6ee.e tha.t d wotdd be wv.,e to Iteduc.e :the 6ev., any. He Mud :tha.t he c.ould undeN.>:tand the IUpect 06 c.onveru.enc.e would be appealing, howeveJt. Admi.ru.o;tJta:t.i.veR.y he M_,{_d :tha.t he wou.ed plte6eJt no:t to have a plUl.> I.>Yl.>tem A.nl.>:ti.ttrted btrt :tha:t, A.6 one weJte A.rtI.>:ti:tuted, d would be woltl1.ed otrt. He Mud tha.t Mme QA.nd 06 punc.h c.lVtd I.>yl.>:tem mlgh:t be 6ea,~A.b.ee 601t the fup I.>wA.mmeN.>. PIUI.> v., 601t Meyelt Poo.e - c.ontiYlued In dil.>c.U6I.>A.On Commi4l.>A.oneJt Ne.t6oYl A.ndic.a.ted tha:t he c.otdd I.>Uppolt:t a punc.h c.lVtd I.>Yl.>tem wheJteby apeMan c.ou.ed pUJtc.hlUe a c.elt:tiUn numbeJt 06 I.>WA.ml.> 601t a c.elt:tcLi.n amoW'l.t btrt he hv.,da.ted A.n v.,:tabwfUng a geneJta.t plUl.> type I.>i.tu.a.;l/i.on. COmnl>LMA.Onelt SeCVL6 lLe);teJtate_d tha.t the c.ommi4l.>A.on had d.L6c.U6l.>ed 6uUy :the pJUung 06 adm-wl.>A.ortl.> be60lte the poo.e had oJUgA.naUy opened and tha.t :the Ita:tv., c.UJtJten.tefj I.>et weJte. the. .eowv.,:t 1te.lUonab.ee Ita:te :tha.t :the c.omm,{_MA.On c.ould de:teJ1JnLne. He did not 6eeR. tha.t adcf.LUonaUy c.u..tti.ng the 1ta:te6 thltough a plUl.> I.> Yl.>tem wou.ed be appltoplUa:te. A membeJt 06 the aucUenc.e A.ndic.a.ted :tha:t aUhough a pJUc.e blteaQ 601t ltegu.tM I.>whnmeN.> woUld be YlA.c.e, a plUme ltelUOn tha.t :the.y weJte ltequv.,tiYlg a paM I.> fjl.>:tem /\IIU 601t c.onveni-eYlc.e. MOTI ON COmmlMA.OneJt NWon l.>ugge.l.>:ted :tha:t a I.>YI.>:tem 06 punc.h C.IVtM be deve.(oped both 601t open I.>wA.mmA.ng and 601t fup I.>wA.mm,i.ng, havA.ng :them cU66eltent c.o.eoJt6 do di6neJtentia:te be;tUJeeYl a .eap I.>wi.m c.lVtd and an opeYl I.>wi.m c.lVtd. Eac.h c.aJtd wou.ed pltOvi.de. M manfj I.>WA.1/l6 nolt M mflc.h money. Commi4l.>A.oneJt Nefllon A.ndA.c.ated tha.t he would not be oppol.>ed to I.>ome fUnd 06 blteaQ monetanA-.ey. Comm-WI.>,{_onelt HalLn.ey A.ncUc.a:ted tha.t I.>he wou.ed UQe to I.> ee Mme QA.nd 06 blteak 601t the opeYl I.>wA.mmA.ng whA.c.h mA.gh:t bene6d .tMgeJt 6amiliv.,. COmmill6A.OYleJt SeCVL6 l.>iUd tha.t he nill tha:t the c.ommilll.>A.oYl had aiM_ady I.>et the 6ev., pelt I.>WA.m IU .eow IU ltelUonab.efj pOMA.b.ee. D.ur.e.ctolt M.i.c.QweYl I.>poQe blUe6.ey abotrt :the pltoc.v.,1.> the c.ommilll.>A.on and l.>,ta66 had gone. thltough .i.n I.> e:ttLng the 6ev., .i.Yldic.a:t.i.Ylg :tha.t the 6ee nolt fup I.>w.i.mm.i.ng had been I.> et hi.gheJt than tha.t nolt geneJta.t admilll.>.i.on I.>.i.nc.e d WIU c.on6.i.delted a "I.>peuaf. U6e" pltogftam wh.i.c.h UlluaUy c.a.t.t6 601t h.i.gheJt 6ev., l.>A.nc.e d noltmaUy I.> eJtvv., a I.>maUeJt I.> egment 06 the popu./'a,tLon. - AMelL !.>Ome nUJdheJt d.L6 C.U6 I.>.i.o 1'1 6ltom the audienc.e, Comm.i.M.i.oneJt SeCVL6 made a motion to CJtea:te a PUYlc.h c.lVtd I.>fjl.>tem 601t poof. admilll.>.i.ortl.> 601t both .eap MJ.i.mm,{Ylg aYld opeYl I.>w.i.mm.i.Ylg l1.eepA.ng the I.>ame 'doUan amount to be pcLi.d 601t eac.h I.>w.i.m IU alJteadfj I.>et a:t the cf1:U,ty ft..a;te. Commilll.>i.oYleJt Johrtl.>oYl M_c.onded. In d.L6c.uM.i.on, Commi4l.>.i.oneJt HlVtnf.fj Mud tha.t I.>he wotdd plte6elt to I.>ee a d.L6c.ount on :the open I.>w.i.mmlng a6 a bltea(2 601t .tMgelt 6am.i.Uv.,. The vo:te WIU: 4 fje6 - 0 no V. AUDIENCE'PARTICIPATION NOT ON THE AGHIVA None VI. OLD BUSINESS NOYle . , REGU LAP MEETI:IIG May 30, 19 g 5 PAGE 3 MOTI ON VII. NEW BUSINESS A. AgJ1.eemen-t on nego:ti.m:.lOm wJ.-th depaM:meiU: emp./'.oyee6; Comm-GI<I-<.ol1eJ1. SeaJL6 made a mo:ti.on -to appJ1.ove 06 -the ,i>a./'.aJuJ nego:ti.w.om d.i.i>e.uMecl p.tevJ.ow.,./'.y .In <I-tucly <leMJ.on. CommLMJ.oneJ1. HaJtnly <lee.ondecl. The vo-te. wa.;: 4 tje6 - 0 no B. Ree.ommendm:J.on on J1.ep./'.ae.emen.t on paJt/u, and RecJtem:J.on Comm-GMJ.on VJ.e.e-ChaUunan Nwon J.nd.i.e.m:ed .thm: the paJt/u, CommLMJ.on had J.iU:VtvJ.ewed <levVta.l'. peMom who had expJ1.e6<1ed J.iU:Vte6t J.n bee.omJ.n,q appoJ.'lxed .to the e.omnu.MJ.on to J1.eplae.e VerU!., e W-U:lUngton-HaJtn./'.tj who had announe.ed thm: <lhe wou./'.d be J1.e6J.gning J.n the. neaJt 6u.:tuJte. Comm-GMJ.one.J1. SeaM made a mo:ti.on to J1.ee.omme.nd to the. CUIj Coune.<..t thm: PabUua Adami> be name.cl a.; J1.eptae.eme.nt on the e.omm-GMJ.on. Comm.{.MJ.onVt Johvl!.lon <I ee.onde.d. The vote. wa.; : 4 tje6 - 0 no MOTION VI I I .' CORRESPONVENCE, Co,<,lMUNI CATIONS, DIRECTOR'S REPORT VJ.J1.ectoJ1. MJ.e.Rwen J1.epoJ1.ted thm: the poo./'. 6a~tj WM opeJULt-lona./'. and thm: -the <llcmmVt J1.ecJte.a.Uon bJ1.oe.huJte wa.; ou.:t and <lJ.gvIUpi> <I.taJ1J:e.d. The AduLt So MbaU. League wa.; undeJ1Llialj. The e.ommLMJ.on wa.; pJ1.e6 eiU:ecl a ./'.e.ttVt 6Mm BJ1.ent ThompMn 06 Alh./'.and whi.e.h e.ne.ouJtaged the e.ommJ.MJ.ol1 to plan the ae.qu.--Wilion 06 a hiUtop/fuWJ.de paJtR bl A6h./'.andiu paM: of, the ./'.ong-Mnge plan 60J1. Ai>h.tand e..i..ty paJt/u,. The e.omnu.MJ.on made note 06 the ./'.e.t:tVt. COmnu.MJ.onVt Se.aM e.ommeiU:ed .thm: he Rne.w of, cW,e.u.MJ.on of, the. pO<l<lJ.b-iLLty of, cJtea.Uno a h--LU6J.de paJtR aUhough 06 110thJ.ng .lpeut\--le.undefWJalj m: thM :ti.me. In ge.nVta./'. the. e.ommJ.MJ.on J.ndi:c.iLti2.d--' thm: a.; 06 now they weJ1.e. not e.omJ.dvUng pUMuln,9' the ae.quJ.i>--i;Uon of, a h--LU6J.de paJtR bu.:t 1V0uld <ltalj open to the J.dea 60J1. the f,u.:tuJte. IX. ITEMS FROM THE COMMISSIONERS None X. NEXT MONTH'S AGENVA The ne.xt Regu.tan Meet<-ng of, the Comm~<lJ.on Wal.> <le.t f,0J1. ThUMdatj, June 27, 1985 m: 6:30P.M. XI. AVJOURNMENT WJ.;th no f,uM;hVt bw.,J.neM, the COI1JJ1l.0.\<lJ.onVt!> adjouJtned -the meet<-ng. Re6pe.ct6u.U.tj <lubm.i..tte.d, I ()..f;p... (. J,f.I ) Ann Bene.cUct VepaM:ment SecJte.taJttj ,,J.. oj ,~. , .- . .. CITY OF ASHLANV PARKS ANV RECREATION COMMISSION Com~a~onen Johnaon made a mo~on to app~ove the ~nute6 06 the ~~y 30, 1985 Reg~ Meeting. Com~a~onen Ad~ ae~onded. ' The vote WllO: 3 Ye6 - 0 no COmm{.M~onen Johnaon made a mo~on to appMve the 60Uow~ng (UJ.,bllJ1!.lemenU: Pay~oU ~he~/u, #4697 thJtough 4750 and Payab!e6 eheeRa #8102 thAough 8187. Comm~a~onen Ad~ aeeonded. The vote WllO: 3 Ye6 - 0 no. IV. AUVIENCE PARTICIPATION ON THEAGENVA ' None JUl1e 30, 1985 ATTENVANCE: P~e6 ert:C: Abaert:C: I. ADDITIONS OR VELETIONS II. APPROVAL OF MINUTES III. BILLS ANV FINANCES REGULAR MEETING The Chabunan ea.Ued the meeting to OMen at 6:30 P.M. CItaW60~d, Johnaon, Ad~, G~e6 SeM6; Net6on, uteRwen None V. AUDIENCE PARTICIPATION 'NOT ONTHE'AGENVA None VI. OLV BUSINESS None VII. NEW'BUSINESS Com~a~one~ Adam!> made a mo~on to adv~e 6M b~d6 an a new tUcUng mowen. COmnu.M~onen Johnaon aeeonded. The vote WllO: 3 Ye6 - 0 no Comm~a~onen Adama made a mo~on to adve~e 60~ b.<.d6 on a new uJ:A..U:tlf btuc.lz. Com,~a~onen Johnaon aec.onded. The vote WllO: 3 Ye6 - 0 no VIII.' 'CORRESPONVENCE;COMMUNICATIONS;VIRECTOR'S'REPORT None IX. ITEMS 'FROM THE COMMISSIONERS i' , Com~M.<.one~ CltaWhMd ~ncUeated that ahe undorJ.>tood that that ama.U p~eee 06 G~ee/WJay PMpel1ty wlUeh had been held llO~de by the Cay 06 Aah!al1d due to p~ev~oM ag~eemen;t wah the WMnglen gMUp and WllO not now ~n Me by the WMng!eN.>. She augge6ted that the Com~a~OI1 ~eqUe6t 06 the Calf Counc.U that that pollion 06 !and now be de6~gnated llO decUeated pMR. Com~a~onen Johnaon made a mo~c1Yl to :that e66ect. COmJlU_M~Onen Adam!> s~20Ylded:-:. The vo:te WllO: 3 Ye6 c O,no X.NEXTMONTH'S AGENVA The next Reg~ Meeting WllO aeheduled 60~ 6:30 P,M., July 25, 1985. , .,;,~ fa REGULAR MEETING Juttj 30, 1985 PAGE 2 XI. AVJOURNMENT WUh no 6U!l:thvr. bU6~ne6l.>, ;the Chahunan adj owmed ;the meeting. R~pp,t6r:u-tj I.>ubmUt:ed, Q1.JL,.uu'b Ann BeneMc.t: VepMt:ment: SecJtet:Mtj "~- .~. ...:-- I I , '- /. , INUTES: .JX I L I ARY ~PORT: )UNDATION ,PORT: ASHLAND COMMUNITY HOSPITAL MINUTES OF THE BOARD OF DIRECTORS' MEETING June 21, 1985 The Board of Directors of Ashland Community Hospital met at 12:30 p.m. on Friday, June 21, 1985, in the Conference Room of the Hospital. Those present were: Judy Schaefer, presiding; Walt Hoffbuhr, Linda Jack- 'son, Dawn Tooker,'Maggie Skerry, Fran Jacquemin, B. D. Greene, and Bob Rasmussen, Board members; Dr. Bruce Johnson, Medical Staff representative; Pat Ackl in, City Counci I representative; Ruth Keener, Auxi liary president; Dr. Earl Lawson, Foundation president; Robert Strowbridge, retiring admin- istrator; Thomas Mack, new administrator; and Sharlene Sterhens, administra~ tive secretary. Others present were: Gordon Medaris, Mayor. Those absent were: Dr. Allen Johnson, Board member. After Judy Schaefer cal led the meeting to order, Linda Jackson moved and Fran Jacquemin seconded a motion approving the May 17, 1985, Board meeting minutes as typed and mai led. AI I approved. Walt Hoffbuhr then moved and and Dawn Tooker seconded a motion approving both sets of Personnel Session _ minutes from May 17, 1985, at typed and mai led. AI I approved. B. D. Greene then moved and Walt Hoffbuhr seconded a motion approving the May 17, 1985, Joint Advisory Committee minutes as typed and mai led. AI I approved. Ruth Keener, stating she was, proud to represent the Auxi I iary, reported that at the Auxi I iary's annual meeting, 8 people were awarded their 100- hour pins, 3 people their 500-hour pins, 3 people their I,OOO-hour pins, 2 people their 2,000-hour pins, 1 person, her 2,500-hour pin, andauxi I ian, Gladys Whitson, was awarded a pin for her 3,500 hours of volunteer service given over the years. Keener,also reported that the Auxi liary had recently had a successful salad social. She also stated that their membership was up to 91, and it was their rlan to get as many of those individuals in- volved this year as was possible. Judy Schaefer extended to Mrs. Keener the Board's thanks for al I the volunteer hours provided by our Auxi I iary. Dr. Lawson reported that Li I Insley would be joining the Foundation and would be helping Mary Ann Davis coordinate the Medical Forums. He also reported that the Foundation was changing its bylaws to al low for three more members; this means that 24 people wi I I be serving on the Foundation's board. Lawson reported that the Foundation wanted to raise money to match funds of other foundations, etc., that donate money to hospitals. He stated the Foundation would work on raising funds for a C-Arm. He also reported that another six pictures had been ordered for the patient rooms. . .. ,ROViTR -AND - )!'VELOPMENT ~EPORT : OMMITTEE EPORTS: Page 2 COMMITTEE B. D. Greene reported first on the director of nursing services' office stating that her new office would be completed once the carpeting and molding was put in. He then reported on the need for a new walk-in freezer for Dietary. He stated that our present freezer is over 20 years old and maintains an average temperature of 50F. (County Health and Sanitation Laws require temperatures beiow OOF.) Greene stated that a proposal had been obtained from Evans Arctic Air for a 12' x 12' x 8' walk-in freezer. This would increase our capacity by four times, giving Dietary more storage space, more walking area, and more room in the pre- sent kitchen. Greene reported that we are using more and more frozen foods as they are more cost effective. We are also presently unable to buy in .Iarge enough quantities do to space. He reported that the total cost of the project would be $13,428.00 if the hospital went with the bid from Evans Arctic Air. The salvage value of our present freezer would be approximately $800. It was also reported that to replace our existing freezer with one of equal size would cost us about $8,200.00. Greene stated that Evans Arctic Air is the only place in the val ley that wi I I do this large of job. They wi I I do the entire project. This project would not interrupt hospital operation at al I. A service contract would be obtained. After a brief discussion on whether to take the money for this project from the Bui Iding and Construction Fund or from capital funds, B. D. Greene moved and Linda Jackson seconded a motion that the hospital accept the bid from Evans Arctic Air for a walk-in freezer and pay for this project out of capital funds. AI I approved. Judy Schaefer announced that at next month's Board meeting, members would be cal led on to give reports regarding their new committees. Reports are to include a I ist of members, committee's goals, and the purpose of the committee. These reports wi I I be noted on the agenda. INANCE COMMITTEE EPORT: Mr. Strowbridge reported that the net revenues over expenses were $82,075 for May. He pointed out that the flnancials were in the format requested by the Board. He pointed out that there were less contractual adjust- ments. He stated the hospital was not writing off as much. As shown on the Budget Expense Summary, the hospital was under in al I areas of expense for the month of May (under by $8,196) and for the year to date (under by $607,467). In revie"ing the Balance Sheet, it ,.!as noted t~,at the Building and Construction Fund totaled $251,154; the Cash-City of Ashland "as at $891,364; and the total net worth stood at $3,086,264. (Walt Hoffbuhr I eft the meet I ng at th i s time.) I n rev i ew i ng the Ope rat i ng Stat i st i cs for the month of May, Mr. Strowbridge pointed out that Total Operations Performed "ere up by 15.7% over May 1984. He stated that this trend would probably continue as some Medford physicians were starting to do more surgeries at our hospital. Outpatients were also noted as being up by 15.1%. Collections totaled about $96,000 more than was disbursed during May. Collections so far for June total $300,000. EDICAL STAFF EPORT: Dr. Bruce Johnson reported that our three C.R.N.A.s had been approved under the recredential ing process. These C.R.N.A.s are Faith Gartrel I, Brad Jacobsen, and Judy Myrick. He also reported that the Medical Staff Page 3 . " had approved t\Vo changes in their bylaws. The first change involved changing the statement regarding investigational drugs not being author- ized for use at Ashland Community Hospital to "No investigational drugs wi I I be used at Ashland Community Hospital without the prior approval, by the Pharmacy and Therapeutics Committee, of appropriate protocols/pro- cedures and investigational permits." The second bylaw change involved attendance requirements. This change amounted to one sentence being added to the bylaws stating that no more than 50% of the meetings could be excused absences. After further explanation regarding these changes, Linda Jackson moved and B. D. Greene seconded a motion approving the bylaw changes and the recredential ing of the three C.R.N.A.s. AI I approved. INF I N I SHED IUS i NESS: Dawn Tooker reported that she could not go to the Estes Park meeting in Colorado in September. It was decided to have Bob Rasmussen see if he could attend. For the Estes Park meeting in January 1986, it was decided that possibly Dawn, Maggie, and/or Walt would be sent. Mayor Medaris commented' that the Board certainly had the authority to attend such semi- nars but pointed out others may question their doing so. The Board's education was further discussed. IEW BUS I NESS: Maggie Skerry moved and B. D. Greene seconded a motion approving payment of the June bi I Is. AI I approved. B. D. Greene moved and Maggie Skerry seconded a motion approving Dawn Tooker as the new Board treasurer (replacing Charles Hart) and approving Bob Rasmussen as the Board's representative to serve on the Foundation's board. AI I approved. B. D. Greene moved and Maggie Skerry seconded a motion approving a new resolution to change the names of those authorized to sign checks from Robert H. Stro"bridge, Michae! S. McGraw, Oscar F. Si Iver, and Sharlene Stephens to Thomas M. Mack, Michael S, McGraw, Dawn M. Tooker, and Sharlene P. Stephens. AI I approved. In order to meet the annual requirement regarding Confl ict of Interest statements, the usual materials were distributed to Board members. Board members were asked to turn in their Confl ict of Interest Questionnaires to Sharlene Stephens by or before July's Board meeting. Questions regarding this procedure are to be directed to S+ephens. Maggie Skerry asked that the Inn Care program be advertised to the community and to visitors of Ashland. She stated that this program, needs to be promoted once again. We need to push more for the elderly, push Levels A and 8 with the physicians, and push Level C (maintenance care) "ith the community. Needs to be advertised as our medically-related guest services. Mr. Strowbridge reported that two ne" positions had been created. He stated that Carolyn Johnson would be working i time ~s our Publ ic Informa- tion and Project Coordinator. This position wi I i include the duties that Sue Lopez did as our publ ic relations person. The other i of Carolyn's time wi I I continue to be spent as director of the Home Health program. The other new position was reported as that of Admitting Nurse. This person wi I I be responsible for medical and surgical admits, social services, Page 4 ,- . and "i I I be our DRG coordinator. This position wi I I be held by Linden Crouch, RN. Mayor Medaris stated that he hoped Tom Mack "ould have a long tenure with Ashland Community Hospital. Medaris compl imented Bob Strowbridge for al I his efforts and thanked him on behalf of the city. Medaris stated it was highly important that we work together in the future. Bob Stro"bridge thanked the Board for al I their cooperation and support during the last 13 years. B. D. Greene read to the Board a recent letter-to-the-editor that appeared in the local paper; the article regarded good patient care given at ACH and recommended our hospital to others. There being no further business, Judy Schaefer adjourned the meeting at I :42 p.m. Respectfully submitted, ~~i? L/~ B. D. Greene, Secretary Approved: Judy Schaefer, Board Chairperson ~emnrandum July 24, 1985 'IDO: Everett Murrell Building Official ~ rom: Daisy Young ~~ ~ubjed: Annual Reports Attached please find June's Building report. Two fiscal year end reports (FY84-85) are also included showing total permits issued per month as well as total permits issued by work area. Both reports comprise valuation totals and fees collected. Finally, last fiscal attached to give you this year over last. year's reports (FY 83-84) are comparisons and increases of Below is a summary of % increases. FY83-84 FY84-85 % INCREASE PERMITS 395 485 18.6% FEES $ 55,279.63 $ 73,676.98 25.0% VALUATION $6,231,900.00 $6,095,775.00 {-1.02%l INSPECTIONS 1,599 1,822 12.3% /Attachments cc: John Fregonese Brian Almquist~ BUILDING ACTIVITY REPORT Sv-~Alrn r-'5 .' ,DATE June 1985 PROJECT if OF VALUATION PERMITS , . Residential: Nelv Sinqle Familv Residence 11 796 585 Remodel Add Alt. 20 123 999 Solar Eauioment 5 25 062 Plumbinq 2 310 Mechanical 2 908 Mobile Horne Installation 6 271.500 . Commercial: New Commercial Structure 2 265,000 Remodel, Add, Alt. 3 13,000 Plumbing 1 900 o___n__U .. .-.. ...-..... --- -.. .. . " .. . ---. ---- ... n._ .. .. - ... .. n . TOTAL THIS MONTH 52 1. 497,264 "OTAL THIS MONTH LAST YEAR 38 227 282 "OTAL THIS YEAR 19 R,1 - 19 Rr; . ,1Rl " Aor; .,.,r; rOTAL LAST YEAR 1983 - 1984 <or; " 7<1 OAA TOTAL FEES THIS MONTH THIS MONTH 13,389.06 THIS YEAR 71.676.QRLAST YEAR $4,091.26 TOTAL INSPECTIONS THIS MONTH THIS MONTI 173 THIS YEAR 1.R22 LAST YEAR 180 NOTE: "This year" refers to the total so far for the current fiscal year. ., New Single Family Residence ADDRESS CONTRACTOR VALUATION 805 Pebble Beach Jerry Toney $ 80,000 580 Weller Lane R&RC Construction 55,000 300 Grandview Shostrom Brothers 125,000 335 Orange St. Hal Munson 48,000 812 Michell Ave. John Dundas 41,490 592 Prim Heritage Homes' 53,095 35 Scenic Sunny Kieley 70,000 225 Nutley Hal Munson 85,000 1002 Tolman Creek Road Bill Larsen 58,000 18 Hillcrest William cowger 96,000 445 Granite John Fields 85,000 .. YEARLY REPORT -FY 1984-85 BUIlDING DIVISION CITY OF ASHLAND TOTALS BY MONTH 110NTH PERMITS FEES VALUATION -- July 38 $ 5,030.58 $ ,424,090 August 34 4,173.25 374,370 September 39 3,636.44 265,015 October 42 4,568.12 310,335 November 36 3,763.62 270,991 December 4'Z 4,779.50 435,859 January 42 6,677.84 784,231 February 26 6,265,73 498,894 March 30 4,424.59 342,431 April 54 7,668.26 598,600 May 47 5,299,99 293,695 June 52 __.!1L~89.:.9.~ ~i~.7 ,264 YEAR END TOTALS 487 $ 73,676.98 $ 6,095,775 --- ---- , "'~ ,. . r ~ _ YEARLY REPORT -FY 1984-85 BUILDING DIVISION CITY OF ASHLAND TOTALS BY AREA TOTAL PERMITS ---- TOTAL VALUATION WORK AREA --SFR-- Demolish 43 $2,756,095 194 1,228,036 30 27,387 82 45,988 59 256,182 8 272,523 12 ' 48,592 '7 2,250 435 $4,637,053 New Remodel, Add, Alt Plumbing Mechanical Solar Equipment Mobile Home Other SUBTOTALS --COMMERCIAL-- New 4 Remodel, Add, Alt, 35 Plumbing 8 Mechanical 4 Solar Equipment 1 SUBTOTALS 52 TOTALS 487 $ 875,500 553,042 20,430 5,200 _ __...!.2. 50 $1,458,722 $6,095,775 (Total Inspections----l,822----) t' .l::;CAL Y,';A,~ .. ,. ..- . .. ~ . . YEARLY REPORT -FY 1983-84 BUILDING DIVISION CITY OF ASHLAND MONTH PERMITS FEES VALUATION July 32 5,812.94 517,858 August 29 5,664.91 711,545 September 41 3,074.04 234,681 October 41 5,807.59 945,815 November 25 4,201.44 453,194 December 15 1,888.15 180,884 January 31 4,390.74 488,523 February 24 2,224.85 385,097 March 47 5,946.58 708,268 April 33 8,069.18 1,029,031 May 39 4,483.67 349,722 June 38 3,715.54 227,282 YEAR END TOTALS 395 55,279.63 6,231,900 ,_~ k, ~~. . r - -; r . '~ -' .. . .'.. - . .,---'. YEARLY REPORT -FY 1983-84 BUILDING DIVISION CITY OF ASHLAND TOTAL TOTAL WORK AREA PERMITS VALUATION --SFR-- New 35 2,332,184 Remodel 155 1,022,786 Mechanical 65 142,392 Plumbing 42 38,709 Demolish 4 3,700 Special/Other 25 66,054 Duplex 1 90,400 Plan Checks 84 2,365,172 SUBTOTALS 411 6,061,397 -COMI'IERCIAL - New 10 1,154,778 Remodel 42 842,604 Mechanical ' 4 5,350 Plumbing 6 13,100 Other /Special 6 519,843 Plan Checks 19 932,043 SUBTOTALS 87 3,467,718 --T 0 TAL S-- 498 9,529,115 {Total Inspections ----1599----}