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wish to be heard, and the length of the agenda.A
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
APRIL 6, 1993
I. EXECUTIVE SESSION: 7:00 P.M. , Civic Center Conference Room, to
discuss litigation pursuant to O.R.S. 192. 660 (1) (h) .
II. PLEDGE OF ALLEGIANCE: 7: 30 P.M. , Civic Center Council Chambers
III. ROLL CALL
IV. ) SPECIAL PRESENTATIONS & AWARDS
1. Proclamation - "Arbor Week in Ashland" .
V. APPROVAL OF MINUTES: Regular Meeting of March 16, 1993 .
VI. CONSENT AGENDA:
1. Minutes of Boards, Commissions, and Committees.
2 . Departmental Reports - February 1993 .
3 . Annual renewal of all liquor licenses.
4. Endorsement of nomination of the Pelton House, 228 B Street,
to the National Register of Historic Place.
5. Report by Director of Public Works concerning second phase of
leak detection survey on water system.
6. Report by Director of Public Works on the constructed wetlands
workshop.
7. Approval of Mayor Golden's appointments to the Forest Lands
Commission.
VII. PUBLIC HEARING: (Must conclude by 9: 30 P.M. )
1. P.A. 92-122, request for annexation of approximately 50' of
the rear of the property at 2359 Highway 66 (Knight's Inn
Motel) . Area to be annexed is currently developed with motel
units. The hearing shall also include the withdrawal of the
annexed area from Jackson Co. Fire District No. 5.
VIII. NEW & MISCELLANEOUS BUSINESS:
1. Letter from Judie Bunch, Ashland Marketplace, requesting use
of the area behind Lithia Stationers on Winburn Way.
2. Recommendation on selection of Public Financial Management as
financial consultants for the City.
3. City Administrator's monthly report for March 1993 .
IX. PUBLIC FORUM: Business from the audience not included on the
agenda. (Limited to 3 min. per speaker and 15 min. total)
X. ORDINANCES. RESOLUTIONS & CONTRACTS:
dl. Second reading by title only of "An Ordinance amending
Z�( 7e,0,6 Ordinance No. 2258 as amended by Ordinance No. 2415 and 2536,
doa-a4-- concerning the franchise with TCI Cablevision of Oregon" .
2. First reading of "An Ordinance repealing Ordinance No. 225211 ,
the Northwest Ashland Water Moratorium Ordinance.
J3 . First reading of "An Ordinance withdrawing recently annexed
� � property from the Jackson County Fire District No. 5 and
zoning it E-1, Retail Commercial (Brodeur Annexation) " .
�4 . Reading by title only of "A Resolution annexing a contiguous
area to the City of Ashland Brodeur Annexation) "; and
f adoption of Findings, Conclusions & Orders for PA. 92-122.
5.� Reading by title only of "A Resolution setting a public
01" hearing for assessments to be charged against lots within the
-:7— Tolman Creek Road Assessment District No. 65 and within
-�� Ashland Loop Road Assessment District No. 65" .
J6. Reading by title only of "A Resolution of the City Council of
the City of Ashland, reiterating its policy of relating the
expenditure of funds for economic development to the
Hotel/Motel (Transient Occupancy) tax" .
7. Reading by title only of "A Resolution declaring the canvass
c� of the vote at .the election held in and for the City of
Ashland, Oregon on March 23 , 1993" .
Agreement with Brodeur and Brodeur regarding settlement of the
hotel/motel tax dispute.
XI. OTHER BUSINESS FROM COUNCIL MEMBERS
XII. ADJOURNMENT
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proclamation
I,"•'=iiK'' WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees <
j; and this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska; and
WHEREAS Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and «a i•: ;
!
NOVA water, cut heating and cooling costs,
moderate the temperature, clean
the air, produce oxygen, and provide a habitat for wildlife; and
r WHEREAS
, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires, and countless other wood products; and trees in our
i[(�) city increase property values, enhance the economic vitality of
I if(J)j I business areas) community;nd beautify our and
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WHEREAS, trees are a source of joy and spiritual renewal; and
w
i I n' WHEREAS, Ashland has been recognized as a Tree City USA by the National
'stir' Arbor Day Foundation and desires to continue its tree-planting ways
NOW, THEREFORE, I, Catherine Golden, the Mayor of the City of Ashland, do (Ql!
t hereby proclaim the week of April 4 - 10, 1993 as: s=
t9sY
r ARBOR WEEK IN ASHLAND f
rll :I and urge all citizens to support efforts to care for our trees and woodlands and to
support our City's community forestry program. I further urge all citizens to plant
v. trees to gladden the hearts and promote the well-being of present and future
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generations.
I ,
Dated this 6th day of April, 1993. '
!f " Catherine M. Golden
f"r Mayor
ZL if'I
Nan E. Franklin
I I
City Recorder <
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MINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
MARCH 16, 1993
CALL TO ORDER: Mayor Golden called the meeting to order and led the
Pledge of Allegiance at 7 : 30 P.M. on the above date in the Council
Chambers. Hauck, Acklin, Winthrop, and Arnold were present. Laws and
Reid were absent.
SPECIAL PRESENTATIONS & AWARDS: Proclamation: "Telecommunicators Week
in Ashland", April 12 - 16, 1993 . Police Department Employees of the
Year for 1992 . Steve MacLennan, Reserve Officer of the Year; Teri
DeSilva, Dispatcher of the Year; Linda Hoggatt; Employee of the Year;
Lynn Parlette, Officer of the Year.
APPROVAL OF MINUTES: Winthrop asked that the first paragraph on Page
3 of the 3-2-93 minutes be amended to reflect that his motion to
reaffirm the Council's position to the Budget Committee involves the
policy of applying growth in the general fund to economic development
funding. The minutes of the Special Meeting of February 23 were
accepted as presented and those of the Regular Meeting of March 2,
1993 were accepted as corrected.
CONSENT AGENDA: Acklin moved to approve same as follows: 1) Minutes
of Boards, Commissions & Committees; 2) Departmental Reports - Feb.
1993; and 3) February Snow Report. Winthrop seconded, all AYES on
voice vote. City Admin. Almquist read testimony he had given during a
public hearing before a State Land Board in 1976, concerning sluicing
and the watershed, and then gave the history and background of the
sluicing project. Public Works Dir. Hall reviewed the February snow
report. Regarding the sluicing project, Hall said the only time frame
the reservoir cleaning can be done is between February 1 and March 31.
The sluicing project will not be done this year due to the small
amount of sediment at the bottom of the reservoir. Hall said the
wetlands study consultants will hold a meeting on March 23rd from
10: 00 a.m. - 1: 00 p.m. to give an update on their progress. He also
reported that the TID Board is considering converting the City's
contract for 795 acre feet of water which expires in 1996, to
permanent municipal and industrial uses.
PUBLIC HEARING: P.A. 93-036, Peerless Rooms Building Sign. Acting
Planning Dir. McLaughlin said the new owners are applying for
preservation of the sign on the building at 243 Fourth St. He said
the application meets all criteria and Staff and the Historic
Commission recommend approval. The public hearing was opened, and
Crissy Barnett, applicant, said research shows the sign was
handpainted circa 1915. There was no further comment from the
audience and the public hearing was closed. Winthrop moved to include
the Peerless Rooms sign on Historic Sign Inventory, Hauck seconded,
all AYES on voice vote.
UNFINISHED BUSINESS: Affordable Housing Community Development Block
Regular Meeting - Ashland City Council - March 16, 1993 - P. . 1
Grant. McLaughlin reviewed his memo included in the packet. He said
the final deadline for grant applications is June 1 , 1993 , and Dick
Wanderscheid is completing the pre-application form. McLaughlin will
report back with the Oregon Economic Development Department' s comments
at the. next meeting . Acklin asked that Staff keep an eye on Federal
programs and participate in available training opportunities.
Winthrop asked that the Affordable Housing Committee be re-
established, and Arnold said the problem of staff time still remains.
Acklin does not feel there is enough activity to re-activate the
committee but knowledgeable citizens can be consulted if necessary.
Economic Development Subcommittee Responsibilities. Acklin moved to
refer Riordan's recommendations to the Budget Committee, Arnold
seconded, all AYES on voice vote.
NEW & MISCELLANEOUS BUSINESS: Pavement Cut Request - 24.3 Fourth St.
Hall said staff recommends approval of the request. Arnold moved to
approve with conditions indicated by staff, Acklin seconded, all AYES
on voice vote.
Motion to Reconsider Council Decision .- P.A. 90-057 (Seitz) . Nolte
said Council has the power to reconsider their previous decision to
not allow the applicants to file an amended plan, but is not required
to do so. Arnold said procedural issues should not be left undecided
and moved to reconsider, Winthrop seconded. The motion passed
unanimously on voice vote. It was agreed to hold the public hearing
on April 6th.
Findings - P.A. 90-057 (Seitz) . Not adopted due to above action.
Demolition Request - 267 Sth St. A memo was read from the Historic .
Commission recommending approval. Acklin moved to approve the
request, Arnold seconded, all AYES on voice vote.
N. Mountain Ave. Paving Discussion. Robert Johnson, 955 N. Mountain .
Ave. , said the last section. of. N. Mountain Ave. from Hersey St. to the
top of the hill needs paving. Almquist said a sewer district was
recently approved in this area and paving may be required in the
subdivision process. Acklin said it is not the policy to pave streets
with City funds, however the. City participated in the paving .of Hersey
Street because of safety issues, and it was designated a collector
street. No action taken.
Wastewater Treatment Funding. Arnold submitted a memo requesting
authority for the City Admin. to write to Sen. Hatfield, Packwood, and
Congressman Smith and to notify them of Ashland's support for the
public works portion of Clinton's economic recovery program, and of
our need for the sewage treatment plant upgrade. All agreed. Golden
said if the citizens vote yes on 15-1 we may have better chance of
getting Federal funding.
Regular Meeting - Ashland City Council - March 16, 1993 - P. 2
PUBLIC FORUM: Joe Eckhardt, 108 Bush St. , submitted a letter for the
record opposing the sluicing of the reservoir and, offered to meet
with Council and others to solve the problem. Lee Michalson is also
opposed and is willing to help get volunteers together to do the
necessary work in the watershed to mitigate problems of erosion. He
questioned the legality of the memorandum of understanding in relation
to the Clean Water Act. Susan Powell, 28 Nutley St. , appreciates the
background information and feels the City should revisit the sluicing
issue. She asked that the City Administrator be directed to drop the
criminal charges against those individuals who chained themselves to
the gate in protest of the sluicing. Scott Monell, Voice of the Wild
Siskiyous, a Student group at SOSC, said acceptance of ecological
damage cannot continue. Deborah Clarke is opposed to sluicing and
said damage to fish runs can. open up a lawsuit by the Oreg. Dept. of
Fish & Wildlife. She's willing to serve on a task force. Richard
Ernst thanked the city administration for taking care of city water
supply. Susan Hunt, 220 Nutley St. , is interested in looking at
alternatives to sluicing. Bryce Lowell, 283 Scenic, is opposed to
sluicing, and said Council should take a more ethical and moral
position. Hall said he is willing to meet with sluicing opponents and
discuss the issues and views after the wastewater issue is resolved.
Acklin said the sediment occurs naturally and sluicing has been done
over the last 60 years. She noted that experts participated in the
determination that sluicing is the most practical alternative, and
said the creek has come back from prior sluicing projects. Arnold
said there is a need to continue to look at the problem.
ORDINANCES . RESOLUTIONS & CONTRACTS: BPA Agreement - Reciprocal
Operation and Emergency Repairs. The resolution was read by title
only. Acklin moved adoption, Hauck seconded, all YES on roll call
vote. (Reso. 93-09)
OTHER BUSINESS FROM COUNCIL MEMBERS: Arnold said he would like to not
pursue further action against the persons who were arrested in protest
of the sluicing. Winthrop moved to place the item on the agenda and
Hauck seconded. The motion passed with Acklin dissenting. Arnold
moved to instruct the City Attorney and City Administrator to seek
dismissal of the charges. Acklin seconded. Winthrop can support the
motion with the understanding that the Public Works Director, Police
Department, and City Attorney acted properly. Hauck agreed. All AYES
on voice vote.
ADJOURNMENT: The meeting adjourned at 9 : 45 P.M.
Nan E. Franklin Catherine M. Golden
City Recorder Mayor
(d:\min\3-16-93)
Regular Meeting - Ashland City Council - March 16, 1993. -. P. 3
ASHLAND HISTORIC COMMISSION
Minutes
March 3, 1993
CALL TO ORDER
The meeting was called to order by Chairperson Jim Lewis at 7:35 p.m. Members present
were Jim Lewis, Terry Skibby, Le Hook,Jean MacKenzie, Dana Johnson, Jane Dancer and
Steve Ennis. Also present were Assistant Planner Kristen Cochran and Secretary Sonja
Akerman. H.L. Wood and Keith Chambers were absent.
APPROVAL OF MINUTES
Hook moved and Johnson seconded to approve the Minutes of the February 3, 1993
meeting as mailed. The motion was unanimously passed.
STAFF REPORTS
PA 93-036
Historic Sign Inventory
243 Fourth Street
Crissy Barnett
Cochran stated Staff is recommending approval of this application for inclusion of the
Peerless Rooms/Coca Cola sign on the Historic Sign Inventory. This is currently a non-
conforming sign and it is an important one to protect.
Lewis reminded the applicant of the need to consider the means of historic restoration.
Crissy Barnett stated the sign will probably be repainted, then aged and weathered. It will
also be processed through the State Historic Preservation Office (SHPO).
Lewis questioned the brickwork, and Barnett said a portion of the sign will be affected, as
the bricks will need to be replaced before the sign is restored.
Skibby said it is obvious that this sign is important to preserve, then moved to recommend
approval of the inclusion of this sign in the Historic Sign Inventory to the City Council, and
that the proper technique for restoration be used. Dancer seconded the motion and it was
unanimously approved.
PA 93-035
Conditional Use Permit, Site Review, Solar Waiver and Variance
243 Fourth Street
Crissy Barnett
Cochran explained this action was called up for a public hearing, however, the applicant is
working with the neighbors regarding their concerns, and she is hopeful the neighbors will
rescind their letter before the Planning Commission meeting. Concerns include traffic,view
obstruction, parking, privacy and noise. Staff has preliminarily approved this application.
Skibby stated the impact of the vacant building should also be considered, as it has been
empty for many years. The applicant has been working with SHPO and the Review Board.
The building is now on the National Register and will be restored. Also, it was built as a
hotel, so this is an appropriate use.
Ennis questioned the narrowness of the alley and parking lot. Cochran stated there will be
enough room for backing up. Diagonal parking was discussed by the Commission,but it was
determined it was not feasible for the two-way alley.
Ron Thurner, speaking for the applicant, said they attempted to design diagonal parking,
however, with the parking and landscape requirements, the design submitted was the one
that fit the specifications.
Johnson questioned the alley paving and Cochran said the owner will have to sign in favor.
Since Fourth Street has no ability to deal with runoff, Thurner discussed the method
recommended by Jim Olson, Engineer for the City. The slope currently runs toward the
building and water settles around the foundation.
Barnett explained the metal awning will be copper.
Ennis asked about the use of sliding windows rather than double hung in the new addition.
Barnett said she felt the sliding windows had more of a porch like feeling. SHPO had also
conveyed similar windows as on the downstairs screened porch should be used. Ennis said
she should work more with the proportion of the windows and added more ventilation is
achieved with double hung windows. Barnett stated she has tried to keep the downstairs
and upstairs alignment in proportion. The Commission then suggested using casement
windows, which would have a more traditional look. Barnett concurred.
Thurner stated this is a 'certified rehab" so every detail will be subject to approval by
SHPO. Some details, therefore, may change. He also added they have been able to
accomplish an easement so they are able to use windows on the North side of the building,
which was a concern with the State Fire and Life Safety Division.
Ashland Historic Commission
Minutes
March 3, 1993 Page 2
Johnson referenced the parking, recognizing that hotel use will have less impact than the
target use, which is general offices. Cochran added there is usually parking available in the
front off Fourth Street. Thurner said the original hotel had 14 rooms and they are only
requesting approval for seven.
Vivienne Friedman, 258 Third Street, stated she is excited about the project and the fact
that the building will be preserved. However, she is also concerned with the alley, as she
has seen the effects of alley paving. Cars go much too fast on the paved portion. She would
personally like to see no parking off the alley, but if it has to be, she would not like to see
it paved, which would also keep the historic flavor.
The Commission agreed this is a positive project, and that if the building remained vacant
or was demolished, it would be a negative impact on the area.
Hook moved to recommend approval of this application with the following stipulations: 1)
the alley remain unpaved, and 2) the windows on the second story addition be casement if
that meets with SHPO approval. MacKenzie seconded the motion and it passed
unanimously.
PA 93-026
Conditional Use Permit
376 "B" Street
Sue DeMarinis
Cochran stated this was called up for a public hearing by the Hearings Board. There is no
additional information. Ennis said he felt the concerns were worth discussing, and as
Chambers pointed out last month, there will be a net gain of two commercial businesses.
Lewis stated he had canvassed that area for another matter and found, in addition to
commercial uses, many low-income rentals and elderly people living in the houses. If
alternate uses go the way they seem to be headed, loss of many affordable rentals is
inevitable.
Johnson said she felt uncomfortable discussing this since a decision had been made last
month. Ennis declared since the Hearings Board opened up the discussion which included
concerns of the Historic Commission, it was appropriate. Johnson stated she understands
the concerns, but is disappointed the Commission did not voice a louder opposition last
month. Hook agreed with Ennis and asserted there is no criteria to disapprove applications
such as this. Lewis said there needs to be a clear directive so applicants are not given mixed
reactions. Ennis said as these applications come through, the typical statement from Staff
is that they won't have a significant impact. He feels there is an impact, as there is a
cumulative effect. Skibby stated he will attend the Planning Commission meeting to convey
Ashland Historic Commission
Minutes
March 3, 1993 Page 3
Commission concerns. They all agreed this does not change the fact that they already voted
to recommend approval of this action.
PA 93-025
Conditional Use Permit
486 Siskiyou Boulevard
Shirley Grega
Cochran explained the Hearings Board could not arrive at a decision so it was continued.
The applicant has submitted a letter stating she is dropping her request for one of the units,
as the parking design only allows five spaces. The existing concrete pad will be removed.
Shirley Grega related the neighbors felt the parking area was not deep enough for the cars
to back up. Bill Emerson has since designed a deeper parking area with no stacked parking.
Two options were presented, one with straight-in parking and one with diagonal parking.
Ennis remarked several people that live nearby will be glad there will be three units rather
than four, but the gist is that the alley is too narrow and heavily travelled. Lewis said there
is a need to look at the target use also. It is nice to have houses still existing that were built
in the 1800s. This could be apartments and office complexes, so he feels the proposal is not
a detrimental use.
Grega said she bought the property in November and had not met the adjacent property
owners until she applied for this planning action. She has since met with most of them and
alleviated their fears. She is very concerned about her neighbors' concerns and feels they
have been addressed.
Lewis stated this was recommended for approval last month, and now there is a lesser use.
He felt Grega addressed the concerns of neighbors. Ennis didn't agree, as there will be
more use. Johnson said the applicant is working with the neighbors.
The Commission agreed the parking design should be straight in (Option B) rather than
diagonal (Option A), and that last month's approval recommendation would stand.
Demolition Request for 267 8th Street
Lewis stated he had toured the structure. The evaluation submitted by the applicant is
straight forward and he will support the demolition request.
Ken MCCulloh submitted elevations of what will replace the structure and photos of what
exists.
Ashland Historic Commission
Minutes
March 3, 1993 Page 4
Ennis moved to recommend approval of this request to the City Council because of the poor
condition of the structure and the expense of bring it up to current code, with the condition
the width of the windows on the alley side of the new structure be matched with those of
the new rear addition. Johnson seconded the motion and it passed_unanimously.
Review of the Proposed Cantwell's Market
Skibby passed around a photo of the original building located at 310 Oak Street.
Tom Giordano presented a revised drawing from what was submitted for the Review Board
and noted the changes. Skibby pointed out the replication areas of the armory. Giordano
stated he has simplified the tower and the plans from the original. Giordano also conveyed
an LID is being formed for undergrounding of utilities, new street lights, sidewalks, etc.
George Kramer, 386 North Laurel Street, said he felt the design is going in the right
direction, but he is still concerned about the armory, which is on the National Register of
Historic Places, and the "earlying up" of Cantwell's Market because it is not historically
accurate. He said the City should have a consistent approach because the Commission has
fought against recreation architecture in the past. He thinks it is a wonderful project, but
by simplifying the design, it will keep the integrity of the National Register building.
Giordano said there will be harmony, but it will not be the same. Color and material
(texture) will be different. The Commission concurred with the changes he had made, and
Kramer agreed he could live with them also.
BUILDING PERMITS
Permits reviewed by members of the Historic Commission and issued during the month of
February follow:
135 Coolidge Street Hector Aleman Addition
40 Water Street Jim Hibbert Interior Remodel
121 Manzanita Street Joe Farli Fire Damage Repair
41 North Main Street Dave Lewis Remodel
95 Dewey Street Rob Jaffe Remodel
51 North Main Street Andrew Chester Remodel
485 East Main Street Christian Hald Remodel
215 Scenic Drive Koskella/Chesney Addition
14 Beach Avenue Al Gray Remodel
390 Iowa Street Miriam Watson Remodel
11 North First Street David & Stephanie Pump Remodel
91 Oak Street Village Floral & Unique Gifts Sign
Ashland Historic Commission
Minutes
March 3, 1993 Page 5
383 East Main Street Reinholdt & O'Harra Sign
253 East Main Street City Art Works Sign
REVIEW BOARD
Following is the schedule (until the next meeting) for the Review Board, which meets every
Thursday at least from 3:00 to 3:30 p.m. in the Planning Department:
March 4 Skibby, Johnson and Lewis
March 11 Wood, Hook, Skibby, Dancer and Lewis
March 18 Hook, Skibby, Johnson, MacKenzie
March 25 Wood, Skibby, MacKenzie and Ennis
April 1 Skibby, Dancer and Hook
OLD BUSINESS
Joint Study Session
Ennis reported he and Chambers had met again with Powell and Bingham from the
Planning Commission regarding loss of residential housing in the Historic District. They
worked on ideas of adding subchapters to the R-2 zone and Conditional Use Permit
chapters that will make it more stringent to get approval. This was not discussed at the
Joint Study Session on February 24th, but will be on March 30th. This does not have a high
priority on the Planning Commission list.
Cemetery Nominations to National Register
The Commission agreed the draft letter to be sent to the Southern Oregon Historical
Society sounded good as it was. It will be submitted to Brian Almquist and Cathy Golden
for their signatures.
Applegate 'Dail Plague
Skibby reported he was disappointed to learn the Oregon California Trails Association will
not modify the proposed plaque to fit the site. If it will not be revised, the Chamber of
Commerce, Southern Oregon Historical Society, and the Ashland Heritage Committee do
not think the Plaza area would be appropriate for the plaque. Skibby will attempt to get
the wording changed one more time. He said the Chamber felt the City could do its own
plaque for 1996 (150 year anniversary) which would reflect more local history. The plaque
given to the City by OCTA should be relocated if it is not changed. The Commission
concurred with this.
Ashland Historic Commission
Minutes
March 3, 1993 Page 6
Heritage Landmarks List
Adoption of the Heritage Landmarks List has been delayed again. Cochran is leaving the
Ashland area and until another planner is hired, Community Development does not have
the staff to handle all the requirements.
Granite Street Fountain
Hook reported the fountain in storage is in better shape, so it will be used instead of the
existing one. As discussed a couple months ago, it will be non-operational, and will have
a plaque placed on it. A working fountain will be placed next to it.
Alley Committee
Ennis related the people, including the Fire Department, at the Joint Study Session were
very positive about the draft. Don Paul, Assistant Fire Chief, mentioned there were only
a few alleys above Siskiyou Boulevard with which fire trucks have a problem. Hook added
Barbara Jarvis, Planning Commission, is concerned about criteria of deciding which alleys
should be paved and which should not.
128 Wimer Street
Commission members will be ranking this house and turning in the sheets at the Review
Board this month.
NEW BUSINESS
National Historic Preservation Week - May 9-15
Skibby said he would like to tie in the Oregon Trail and the 100th anniversary of
Chautauqua with National Historic Preservation Week. Lewis will help Skibby.
(With a motion by Hook and second by Johnson, the meeting was the unanimous decision to extend the meeting
past 10.•30.)
Street Scorin¢
Ennis will write a letter to Public Works thanking them for taking the time to score the
crosswalks on "C" Street. He will also mention the space on either side of the crosswalk that
will have to be filled in with asphalt.
Ashland Historic Commission
Minutes
March 3, 1993 Page 7
Plaza Kiosk
Hook informed the Commission that two weeks ago, the City Council approved the kiosk
on the Plaza for vendor use. That decision was rescinded on March 2, largely because of
lobbying by DPAC and Marge O'Harra. The booth will be used as it has in the past by the
Chamber of Commerce.
Dead Indian Road
Hook said he wanted this issue brought up because he felt if the name of the road offends
anyone, it should be changed. He also felt the Historic Commission should take a position
on it. After discussing this, the Commission remained split on the issue. Hook declared he
will bring it up again so he wants it considered.
Lithia Water Fountains on "A" Street
City Administrator Brian Almquist had contacted Lewis regarding the base of the old
concrete Lithia water fountains on "A" Street across from 4th Street. The railroad property
is in the process of being cleaned up, and the base of the old marble fountains was
unearthed. Lewis had checked out the site and talked with the operator, who said he did
not bid on the concrete removal. Skibby stated he will document the site by taking photos.
Southern Oregon Historical Society and the newspaper may be interested in this.
Siskiyou Boulevard Median
Lewis reported new landscaping plans will be submitted for the Siskiyou Boulevard median.
A couple years ago the Bikeway Plan came before the Commission and all the members
agreed they did not want the median narrowed. Hook stated, however, narrowing of the
islands was mentioned at the Council meeting.
ADJOURNMENT
With a motion by Hook and second by Johnson, it was the unanimous decision of the
Commission to adjourn the meeting at 11:00 p.m.
Ashland Historic Commission
Minutes
March 3, 1993 Page 8
CITY OF ASHLAND
PARKS AND RECREATION COMMISSION
REGCJI.AR MFF'i`I NG
M I NCITE S
February 24, 1993 Chair Adams called the meeting to order at
7:00 p.m. at 340 S. Pioneer Street.
ATTENDANCE:
Present: Patricia Adams, Al Alsing, Tom Pyle, Teri
Coppedge, Wes Reynolds., Ken Mickelsen
Absent: None
I. ADDITIONS OR DELETIONS TO THE AGENDA None
I1. APPROVAL OF MINUTES
A. Regular Meeting - January 26 1993
Commissioner Alsing made a motion to approve the minutes of the Regular
Meeting of January 26, 1993 as written. Commissioner Alsing seconded.
The vote was: 5 yes - 0 no
ITI. BILLS AND FINANCES
A. Approval of previous months disbursements
Commissioner Pyle made a motion to approve the disbursements of the
previous month as indicated by Payables checks #7363 through #7460 in
the amount of $75,219.38 and Payroll checks #5985 through #6039 in the
amount of $31,783.70. Commissioner Alsing seconded.
The vote was: 5 ves - 0 no
B. Approval of December 31, 1992 Quarterly Financial Statement
Commissioner Pyle made a motion to approve the December 31, 1992
Quarterly Financial Statement as presented. Commissioner Reynolds
seconded.
The vote was: 5 yes - 0 no
IV. AUDIENCE PARTICIPATION ON THE AGENDA
A. Youth in Transition Committee
Kevin Preister, Director of Peace House, was present in the audience to
speak to the Commission regarding a proposal by the Youth in Transition
Committee to use of the Hunter Park Building as a meal site for
homeless youth from 4:00 p.m. to 7:30 p.m. on Wednesdays. Youth in
Transition is a committee composed of major youth-serving agencies in
the county including Youthworks, OnTrack, Adult and Family Services,
Ashland Adolescent Center. , ACCESS, the Health Department, Crisis
Intervention Services, The Job Council, and two school districts . The
Commissioners reviewed a letter from Mr. Preister outlining the
proposal and a memorandum from staff regarding the use of the Hunter
Park Building.
Ashland Parks and Recreation Commission Page 2 -
Regular Meeting - February 24 , 1993
AUDIENCE PARTICIPATION - Youth in Transition - continued
. In response to a question by Commissioner Coppedge, Mr. Preister said
that he did believe that young people would come to the meal site: that
the students in the alternative class at South Medford High School have
taken on the project and, because many of them have been homeless, have
the "inside track" on how to reach other adolescents who are in need.
Commissioner Reynolds inquired as to the three month trial period. Mr.
Preister indicated that the hope was to get the program off the ground
and to then apply to grant resources for funding to continue the
program. He hoped that with success and visibility in the community
that an agency could be developed to take it on.
MOTION Commissioner Coppedge made a motion to accept the proposal.
Commissioner Alsing seconded.
Commissioner Pyle asked how involved the other agencies mentioned have
been in the process. Mr. Preister indicated that the persons listed as
having received copies of the proposal are the individuals from the
various agencies who are working on the Youth in Transition Committee
and helped develop the proposal. Peace House is acting as the umbrella
agency for the committee and this proposal . ACCESS is cooperating with
technical support and will be providing free food or food at minimal
cost. He indicated that all the agencies are cooperating by providing
whatever assistance they can.
The vote was: 5 yes - 0 no
V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None
VI. OLD BUSINESS
A. Calle Guanaivato - review of marketplace proposals
Stella Gardiner, Project Coordinator, outlined for the Commission the
process staff had taken evaluating the three proposals which had been
submitted. Ms. Gardiner indicated that she had checked the references
and credentials of all three candidates and that all three had met the
criteria as set forth in the Calle Guanajuato - Proposal Guidelines as
written by the department. She also indicated that all three proposals
were very similar. except for the percentage of gross sales which were
being offered to the Commission with Gladys and Richard Millus offering
5%, Ginger and Paul Cuffney offering 3%, and Judie Bunch offering 2%.
Chair Adams inquired of the Commissioners whether or not., having
reviewed the three proposals submitted, they felt that they were ready
to act on choosing a marketplace promoter. Commissioner Pyle indicated
that he would like to ask a few questions of the persons who submitted
the proposals. Commissioner Reynolds indicated that he was satisfied
with the information presented. Commissioner Coppedge indicated that
she had some questions concerning the criteria. Having ascertained
Ashland Parks and Recreation Commission Page 3
Regular Meeting - February 24, 1993
OLD BUSINESS - Marketplace Proposals - continued
that all three parties who had submitted proposals were in the
audience, Chair Adams indicated that the Commission would not be taking
public comment but that Commissioners would be asking questions of the
applicants if they chose to do so.
Commissioner Pyle questioned Mr. Cuffney concerning his experience in
actually managing a marketplace indicating that his proposal stated
that he had experience "promoting" crafts fairs but not necessarily
11 managing 1. crafts fairs. Mr. Cuffney responded by saying that within
the crafts business, the word promoting is inclusive of managing and is
not exclusive to advertising; the "promoter" is the person who does the
entire package whereas the "manager" would perhaps work for a promoter
as liaison with the crafts persons .
Regarding the Millus ' qualifications, Commissioner Pyle expressed his
opinion that operating their own crafts business was not the same as
organizing and operating a marketplace. Ms. Gardiner indicated that
during her inquiries regarding the qualifications of the Millus ' she
learned that they had assisted in both the White City and Klamath Falls
marketplaces as well as operating their own business and that, in her
opinion, these two activities qualified them as to the criteria.
Commissioner Pyle stated that he did not believe the experience was
comparable . Commissioner Adams indicated that she believed that the
experience was comparable and that it was a matter of interpretation.
Mr. Millus spoke outlining his experience and indicated what he felt
his role would be if chosen to become the marketplace operator.
Commissioner Reynolds said that he believed that staff had taken a
broad interpretation of qualifications to mean a lot of experience with
crafts fairs and that that experience could be had through a wide
variety of activities . He said that he believed a broad interpretation
was appropriate and that, therefore, he would also find all the
candidates qualified.
Commissioner Pyle questioned the Millus ' and Cuffnevs as to whether or
not they would allow new crafts vendors into their operations or only
established crafters who had previously shown. Mr. Cuffney indicated
that he felt that what the Commission wanted and what he personally
wanted was to have the market open to anyone -- that crafters would be
judged on the quality of what they produced. Mr. Millus referred to
the Commissions guidelines indicating that anyone would be able to
participate provided they met those guidelines.
MOTION Commissioner Reynolds made a motion to accept the proposal from Richard
and Gladys Millus. Commissioner Pyle seconded.
In discussion of the motion, Commissioner Reynolds indicated that he
felt that all three candidates were qualified and that the Millus '
should be selected because they offered the Commission the highest
Ashland Parks and Recreation Commission Page 4
Regular Meeting - February 24 , 1993
OLD BUSINESS - Marketplace Proposals - continued
percentage of return for use of the space. Commissioner Adams
indicated that she also believed that the qualifying criteria for a
candidate should be interpreted broadly and therefore felt that all the
candidates were qualified. Commissioner Alsing indicated that he could
also accept the broader interpretation of criteria but suggested that
in the future it could possibly be written more clearly. Commissioner
Coppedge indicated that her concern was not listed in the criteria and
that she felt that any of the three candidates were qualified to run a
business, however, she wanted to select a person who would be able to
work well with everyone concerned -- the department, plaza merchants
and tenants, and vendors -- so that the marketplace was a positive
experience for everyone. Commissioner Adams indicated that staff. had
checked references to determine that kind of information about the
candidates . Ms. Gardiner affirmed that she had inquired from
references and other craft organizations in Portland and Eugene about
the personal skills of all the candidates. She said that all
references on the candidates were positive: that Eugene and Portland
spoke highly of the Cuffneys and Judie Bunch but were not familiar with
the Millus ' . Commissioner Pyle indicated that he was concerned with
breaking an eight year relationship and that if it were broken that it
was being done for the right reasons . He said that he believed the
Commission should go with the highest bidder provided that all other
things were equal . He said that he did not believe that the Millus '
qualifications were as strong as others. Commissioner Alsing also
indicated that he was not convinced that the Millus ' qualifications fit
the criteria well as others.
The vote was: 3 _yes - 2 no
(Alsing, Pyle)
Chair Adams congratulated the Millus ' on having been selected as
marketplace promoter and asked them to contact Ms . Gardiner about
signing an agreement.
As comment erupted from the audience. Judie Bunch said that she had
indicated on her proposal that the 2% she offered was negotiable
questioning why the Commission had not addressed the fact that she was
willing to have increased her percentage. Director Mickelsen explained
that once a proposal is submitted the amount offered is firm; that if
it weren't, bidding wars would ensue .
Cynthia Bronson (126 Bush Street) indicated that she was very upset and
disappointed with the result, that the Commission claimed its criteria
was both malleable and concise and that that was double talk. Jim
Young, a crafter, said that he also felt that the Commission was in
error choosing the Millus' proposal in that Mr. Millus said that he was
not going to "promote" the marketplace and that was what the Commission
was looking for, a promoter. Shirley Moss (399 N. Laurel) outlined her
many years of experience with crafts and crafts fairs as a full-time
Ashland Parks and Recreation Commission Page 5
Regular Meeting - February 24, 1993
OLD BUSINESS - Marketplace Proposals - continued
profession stating that, with all her years of experience, she still
did not believe that she had all the experience necessary to run and
promote a marketplace -- although she has handled many aspects, she did
not believe that she would be fully qualified to run it effectively.
She said that she did not understand how anyone who had primarily
participated as a vendor could believe that they had the full expertise
to run a marketplace. Several voices from the audience indicated that
the Commission had made a very big mistake and that "they would be
sorry." Marsha Wilson (Grants Pass) said that if the Commission based
their decision on money period, that 5% of zero is zero.
VII. NEW BUSINESS
A. Request to advertise for bids - forestry work and equipment
Superintendent Gies indicated to the Commission that the department
needed to advertise for bids for a new aerator, for plans and framework
to construct the picnic shelter at Garfield Park, and for continuing
the brush clearing and fire break on the Superior and Brevik
properties . Funds for the aerator and picnic shelter are in this
years Parks budget; funds for the forestry work will come from the
City, the department is simply coordinating that project because of our
in-house expertise.
MOTION Having confirmed that all the items mentioned above had been previously
budgeted, Commissioner Alsing made a motion to approve advertising for
bids on the .items. Commissioner Reynolds seconded.
The vote was: 5 yes - 0 no
VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTORS REPORT
Director Mickelsen reported that he had received a request from Jill
Turner, City Finance Director. to have Commissioner Reynolds serve as
Commission representative on the City's committee to review proposals
on selecting a financial, consultant for the City. Commissioner
Reynolds said that he would serve on the committee as his time
constraints allowed.
IX. ITEMS FROM COMMISSIONERS
Commissioner Coppedge mentioned that her son had picked up a survey
form from Siskiyou Cyclery concerning mountain biking and trail usage.
She indicated that there was no identification on the form to indicate
who was doing the survey but suggested that the department might like
to inquire as it could possibly reveal information useful to the
department for future planning. Director Mickelsen said that the
department would inquire of Siskiiyou Cyclery.
1 Ashland Parks and Recreation Commission Page 6 ,
Regular Meeting - February 24 , 1993
ITEMS FROM COMMISSIONERS - continued
Commissioner Pyle indicated that he had some concern about what
happened in the meeting regarding selecting a marketplace operator. He
said that he had no question about the vote because he felt that each
individual Commissioner voted according to how they interpreted the
criteria, however, he said that he felt that because of some ambiguity
in the criteria that the Commission and staff will continue to receive
negative criticism for the process . Commissioner Adams said that she
believed that part of the difficulty was that this was the first time
that .the Commission had been through this process and that frequently
the first time using a criteria or going through a process pointed out
ways to improve the process .
X. NEXT MONTHS AGENDA The next Regular Meeting was scheduled for
Monday, March 29, 1993 at 7:00 p.m. at the
department office.
XI. ADJOURNMENT With no further business, Chair Adams
adjourned the meeting.
Respectfully submitted,
Ann Benedict
Management Assistant
C I T Y O F A S H L A N D C I T Y H A L L
ASHLAND, OREGON 97520
telephone (Code 503) 482-3211
TO: Honorable Mayor and City Council
I
FROM: Al Williams , Director of Electric Utili. r.ias
SUBJECT : Electric Department Activi-ties for FF.Bt(UAR'i 199
THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL '-
ACTIVITIES FOR FEBRUARY 1.993 .
INSTALLED 8 NEW UNDERGROUND SERVICES .
:NS 'ALLED 1950 FEET OF CONDUIT AND 9240 FEET OF CONDUCTOR .
RESPONDED TO 108 REQUESTS FOR CABLE LOCATES .
HAD 181 CONNECT ORDERS AND 116 DISCONNECTS FOR A TOTAL OF 2497 .
THERE WERE 313 DELINQUENT ACCOUNT NOTICES WORKED AND 79 DELIN(DUEN
ACCOUNTS WERE DISCONNECTED .
TWO 45 ' POLE$ AND ONE 35 ' POLE WERE CHANGED OUT IN CONJUNCTION WITH
OUR POLE REPLACEMENT PROGRAM.
ANNUAL TREE TRIMMING PROGRAM CONTINUED.
EMPLOYEES ATTENDED MONTHLY SAFETY MEETING .
MONTHLY EMF READINGS WERE TAKEN .
N , cMemorandum
�4tO��P March 1, 1993
ram:
,Subject
GARY BROWN, CHIEF OF POLICE
NAN FRANKLIN, CITY RECORDER
LIQUOR LICENSE RENEWALS
Annual liquor license renewals will be coming soon.
Will you please review .and let me know if there are reasons
to not renew any of the license now held by any establishments
in Ashland.
I will be placing this matter as a Council agenda item when I
receive your response.
4�Of
[°°.� March 1, 1993 -
�l1D� GARY BROWN, CHIEF OF POLICE
C29
NAN FRANKLIN, CITY RECORDER r
l!
�$UIIjELL LIQUOR LICENSE RENEWALS
Annual liquor license renewals will be coming soon.
Will you please review and let me know if there are reasons
to not renew any of the license now held by any establiskikents
in Ashland.
I will be placing this matter as a Council agenda item when I
receive your response.
Or
- ✓G .C. /S L{u��QE LF I�'�.L. P,P�.3L�ttS
/ A
/1a DN40
NnA/,
n
-(I�g� 66.
STATE
March 23 , 1993 HISTORIC
PRESERVATION
The Honorable Catherine Golden OFFICE
Mayor of Ashland
20 E Main St PARKS & RECREATION
Ashland OR 97520 DEPARTMENT
Dear Mayor Golden:
This is to notify you that the following property has
been proposed for nomination to the National Register of �.
Historic Places and will be reviewed by the State
Advisory Committee on Historic Preservation in 'Baker City
on May 7, 1993 .
Pelton, John and Charlotte, House (1894)
228 B Street
Ashland, Jackson County, Oregon
The National Register is the Federal government's
official list of historic properties worthy of
preservation. Listing in the National Register provides
recognition and assists in preserving our Nation's
heritage.
This is to make certain that you are aware of: (1) the
effects of listing a property in the National Register of
Historic Places, and (2) your opportunity to comment on
the proposed nomination.
Listing of property in the National Register not only
provides recognition of the property's historic
importance in the community. It assures protective
review of Federal projects that might adversely affect
the character of the property. If the property is listed
in the National Register, certain Federal investment tax
credits for rehabilitation and other provisions may
apply, as well as State property tax benefits. Please
see the enclosure which explains in greater detail the
results of listing in the National Register and the
rights and procedures by which an owner may comment on,
or object to listing in the National Register.
Listing in the National Register does not mean . that
limitations will be placed on the property by the Federal
government. Public visitation rights are not required of
owners excepting those nominal requirements stipulated in
525 Trade Street SE
Salem,OR 97310
(503) 378-5001
FAX (503) 378-6447
The Honorable Catherine Golden
March 23, 1993
Page 2
consideration of special assessment status under Oregon
law. The Federal government will not attach restrictive
covenants to the property or seek to acquire the
property.
You are invited to attend the forthcoming meeting of the
State Advisory Committee to discuss the proposed
nomination. The date and location of, the meeting are
given on the agenda enclosed.
We hope this information is helpful to you. If questions
concerning the National Register nomination process
arise, I can be reached at the following number: (503)
378-6508 .
Sincerely,
Elisabeth Walton Potter, Coordinator
National Register Nominations
EWP: jn
Enclosures
cc: Ashland Historic Commission
a �
RESULTS OF LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES
Eligibility for Federal tax-.:credit: If a property is listed in the
National Register, certain Federal tax provisions may apply. The Tax
Reform Act of 1986 provides for a 20 percent investment tax credit with
a full adjustment to basis for rehabilitating historic commercial,
industrial, and rental residential buildings. The former 15 percent and
20 percent Investment Tax Credits (ITCs) for rehabilitations of older
commercial buildings are combined into a single 10 percent ITC for
commercial or industrial buildings built before 1936. The Tax Treatment
Extension Act of 1980 provides Federal tax deductions for charitable
contributions for conservation purposes of partial interests in
historically important land areas or structures. Because tax aspects
outlined above are complex, individuals should consult legal counsel, an
accountant or the appropriate local Internal Revenue Service office for
assistance in determining the tax consequences of the above provisions.
For further information on certification requirements, please refer to
36 CFR 67, and 26 CFR 1 and 602 .
Consideration in olannincafor Federal, federally licensed, and federally
assisted projects: Section 106 of the National Historic Preservation
Act of 1966 requires that Federal agencies allow for the Advisory
Council on Historic Preservation to have an opportunity to comment on
all projects affecting historic properties listed in the National
Register. For further information, please refer to 36 CFR 800.
Consideration in issuing a surface coal mining permit: In accordance
with the Surface Mining and Control Act of 1977, there must be
consideration of historic values in the decision to issue a surface coal
mining permit where coal is located. For further information, please
refer to 30 CFR 700 et sea. '
Qualification for Federal grants for historic preservation when funds
are available.
Special Assessment for Historic Property: Under ORS 358 .475 to 358.565,
owners of Oregon properties entered into the National Register of
Historic Places, including those properties which have been designated '
as contributing features of historic districts, may apply for special
assessment status--a "freeze" of the real market value for a 1-5-year
period. In return for this benefit, which is a temporary freeze on
increases in assessment, the property owner agrees to maintain the
property and must submit plans and specifications for alteration,
rehabilitation or restoration for review and approval by the State
Historic Preservation Office.
,Special Consideration with Regard to Building Code Requirements: Under
Section 104 (f) of the Uniform Building Code recognized in Oregon,
National Register properties, and other certified historic buildings,
are eligible to be considered for waivers of certain normal code
requirements in the interest of preserving the integrity of the
property.
Rights of owners to Comment and/or to Obiect to Listing in the National
Register
Owners of private properties nominated to the National Register have an
opportunity to concur with or object to listing in accord with the
National Historic Preservation Act and 36 CFR 60. Any owner or partial
owner of private property who chooses to object to listing may submit,
to the State Historic Preservation Officer, a notarized statement
certifying that the party is the sole or partial owner of the private
property and objects to the listing. Each owner or partial owner of
private property has one vote regardless of the portion of the property
that the party owns. If a .majority of private property owners object,
a property will not be listed. However, the State Historic Preservation
officer shall submit the nomination to the Keeper of the National
Register of Historic Places for a determination of eligibility of the
property for listing in the National Register. If the property is then
determined eligible for listing, although not formally listed, Federal
agencies will be required to allow for the Advisory Council on Historic
Preservation to have an opportunity to comment before the- agency may
fund, license, or assist a project which will affect the property. If
you choose to object to the listing of your property, the notarized
objection must be submitted to the State Historic Preservation Office,
525 Trade Street SE, Salem, OR 97310, by the announced date of review of
the proposed nomination.
If you wish to comment on the nomination of the property to the National
Register, please send your comments to the State Historic Preservation
Office before the forthcoming meeting of the State Advisory Committee on
Historic Preservation. A copy of the nomination and information on the
National Register and the Federal tax provisions are available from the
above address upon request.
EWP:jn
RESULTS.TXT #1
9/16/92
I
Z.
Armarandum
April 1, 1993
E6�� ..
D� Brian Almquist, City Administrator
Steven Hall, Public Works Director
*Aj.,twater Good News, Part II
/ ACTION REQUESTED
None, information item.
REPORT
One of the recommended projects in the water conservation report is to start a
leak detection program.
Dennis Barnts, Water Quality Superintendent, hired one of the top firms in the
nation to begin our leak detection program. Utility Service Associates, Inc.
was initially hired to 'check approximately 8 miles of water mains. The areas
covered were the "oldest and worst" lines. The water mains were in portions, of
Siskiyou Boulevard, the Railroad District, upper Ashland Street and upper
Granite Street.-
In March, the firm returned and completed an additional 22 miles of water 'mains
located north of North Main Street and west of Granite Street. .
ITEM 1/93 3/93
Miles of Water Main Tested 7 . 6 21
Estimated Losses in Gallons per Day 54 , 000 5 , 328
TYPE OF LEAK # LEAKS # LEAKS
Water Mains 1 0
Water Meters 0 5
Fire Hydrants 4 1
Curb Stop (water service connection to water-.main) 1 0
Service Lines 2 2
Service Connections 0 0 11
Water Line Valves I 0 i 0 �I
Other Appurtenances 0
i
Water Good News II
April 1, 1993
page 2
The City of Ashland has about 53 miles of water mains and we have now tested 28
miles of the mains which are of the oldest . and most suspect for leaks.
The SRC Report indicates a potential savings of about 100, 000 gallons per day
through leak detection and repair. Based on the survey to date of about 53% of
the water mains in the city, repairs to reported leaks should provide us with a
"new water source" of over 59, 000 gallons per day. This correlates very
closely with the SRC projected savings.
To date, the leak detection study shows the first half of our water system to
be in extremely good condition. This is a reflection on Ashland's investment
in repairs to the system over many decades. Preventative maintenance fits the
old adage of "an ounce of prevention is worth a pound of cure"! !
We will continue this program in the 1993-1994 budget and hopefully complete
100% of the water distribution system with equally good news.
SMH:m[%W.WAG.WNewQ.mem
cc: Dennis Barnts, Water Quality Superintendent
Jim Olson, Assistant City Engineer"
Pam Barlow, Administrative Assistant
Dick Wanderscheid, Energy Conservation Coordinator
AS"�`'� Arm aranAum
�REGO
March 30 , 1993
II. City Administrator, Mayor and City Council
Jrrnm: Steven -Hall , Public Works Director A ,
�$Ubjt& Constructed Wetlands Workshop
You should have received the minutes of the workshop by now along with George
Waller's preliminary report on site selection for a constructed wetlands.
Attached is a summary of information presented by John Davis of Woodward-Clyde
Consultants at the workshop. It is rather sketchy; but will give you an idea
of the options being explored and potential results.
SMH'nn\Suwcr\Unv is Rpt.inem
cc: Jim Olson, Assistant City Engineer
Dennis Barnts, Water Quality Superintendent
encl : Davis Report .
CLIJ
MAIR
ALTERNATIVES UNDER CONSIDERATION
Lf`
Wetlands Alternative A --------------------
The components of wetlands Alternative A would be as follows:
• the existing WWTP would receive a major upgrade. It would be modified to operate reliably
and accommodate projected future flows until 2015. The existing effluent disinfection system
would be abandoned and replaced with a ultra-violet light disinfection system. The secondary
treatment process would be modified to increase removal of ammonia.
• a multi-cell constructed wetland with a minimum water surface of 25 acres would be built
downstream of the upgraded treatment plant
• an irrigation area of approximately --acres would be developed including the necessary
conveyance, storage and distribution facilities.
• summertime discharge to Bear Creek would be discontinued and replaced with pasture
irrigation
Wetlands Alternative B
Components of Wetlands Alternative B would include:
• the existing WWTP would receive a minor upgrade. It would be modified to operate reliably
and accommodate projected future flows until 2015. The existing effluent disinfection system
would be abandoned and replaced with a ultra-violet light disinfection system.
• a multi-cell constructed wetland with a minimum water surface of 50 acres would be built
downstream of the upgraded treatment plant .
• imposition of a ban on all phosphate-containing detergents
Modified Alternative 3A
This alternative would be the same as Wetlands Alternative A except it would include only a two
acre wetland.
TABLE X. COMPLIANCE WITH SUMMERTIME STANDARDS (DRAFT)
Effluent Quality
Allowable Mod Wetland Wetland
Effluent Present Alt 3A Alt A Alt B
Parameter Concentration mg/L mg/L mg/L mg/1
Total phosphorus 0.08 4.3 (4.3) (2.5) 2.0
Carbonaceous BOD <3.0 12.0 (5.0) (2.5) 6.0
Carbonaceous & 3.0 - -
nitrogenous BOD
Ammonia 0.55 18.5 (1.0) (0.7) 12.0
Chlorine Residual 0.025 0.7 (<0.01) (<0.01) <0.01
\92C0806\TABIE_X 03(25/93
TABLE Y. COMPLIANCE WITH WINTERTIME STANDARDS (DRAFT)
Effluent Quality
Allowable Mod Wetland Wetland
Effluent Present Alt 3A Alt A Alt B
Parameter Concentration mg/L mg/L mg/L mg/1
Total phosphorus - 4.3 4.3 4.3 4.3
Carbonaceous BOD 17.8 12.0 5.0 4.0 8.0
Carbonaceous & 7.8 -
nitrogenous BOD
Ammonia 1.88 18.5 1.0 1.0 14.0
Chlorine Residual 0.021 0.7 <0.01 <0.01 <0.01
"° \92C0806\TABLE Y 03/25/93
cMemorandum
,
04F00, '
^ April 2 , 1993
�C1L1. City Council Members
r.
rom: Catherine Golden, Mayor
�Lt��Ptl: Forest Land Commission Appointments
REVISED
The following individuals have agreed to serve on the Forest Lands Commission,
and I would appreciate your approval of the appointments: .
Voting Members:
Wes Reynolds - Parks Commission
Bill Robertson - Rep. for private owners of forest lands
Wayne Linn
Claude Curran
Frank Hirst
Vern Niehaus
Lenny Niemark
Steve Armitage (YES)
Marty Main (NO) (Would like to appoint Buck Smith, So Lands Conservancy in this
position, however he's out of the area until Thursday of this week)
Non-voting Members:
Pattie Acklin - City Council
Dan Thorpe - Oregon Dept. of Forestry
Susan Hunt - Tree Commission
Bill Rose - Forest Service
Staff:
Gary Brown or designee - Police Dept.
Pam Barlow - Public Works
John McLaughlin - Planning
Ken Mickelsen - Parks
Keith Woodley - Fire
,S GF ASV,
EG0� ,.
April 2 , 1993
I
II
II• City Council Members
r
I1l1Ii: Catherine Golden, Mayor
pu�jEt#: Forest Land Commission Appointments
The following individuals have agreed to serve on the Forest Lands Commission,
and I would appreciate your approval of the appointments:
Voting Members:
Wes Reynolds —Parks Commission
Bill Robertson - Rep. for private owners of forest lands
Wayne Linn
Claude Curran
Frank .Hirst
Vern Niehaus
Lenny Niemark
Steve Armitage (Tentative)
Marty Main (Tentative)
Non-voting Members:
Pattie Acklin - City Council
Dan Thorpe - Oregon Dept. of Forestry
Susan Hunt - Tree Commission
Bill Rose - Forest Service
Staff:
Gary Brown or designee - Police Dept.
Pam Barlow - Public Works
John McLaughlin - Planning
Ken Mickelsen - Parks
Keith Woodley - Fire
I
i
RESOLUTION NO. c%G
A RESOLUTION CREATING THE FOREST LANDS COMMISSION
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Established--Membership. The Forest Lands Commission is established
and shall consist of nine voting members including a representative of the Ashland
Parks Commission and at least one owner of forest management lands identified in the
Forest Management Plan .adopted by the city council in June, 1992. The commission
shall also consist of certain non-voting ex officio members, including a representative
of the USDA Forest Service Ashland Ranger District, a representative of the Oregon
Department of Forestry, a member of the City Council, a representative from the Tree
Commission, the Director of Public Works, Director of Planning, Fire Chief, Police
Chief, Parks and Recreation Director or their designees. Voting members s!:all be
appointed by the Mayor with confirmation by the City Council.
SECTION 2. Terms--Vacancies. The term of voting members shall be for three years,
expiring on April 30 of each year. Any vacancy shall be filled by appointment by the
Mayor with confirmation by the City Council for the unexpired portion of the term. The
terms of the initial nine members shall be three members for one year, three for two
years, and three for three years, which shall be drawn by lot at the first meeting of the
commission after the adoption of this resolution. Their successors shall be appointed
for three year terms. Any commissioner who is absent from four or more meetings in'
a one-year period shall be considered no longer active and the position vacant„and a
new person shall be appointed to fill the vacancy.
SECTION 3. Quorum--Rules and Meetings. Five voting members of the.commission
shall constitute a quorum. If a quorum is present, the affirmative vote of a majority of
commissioners present at the meeting and entitled to vote shall be sufficient to
conduct business. The commission may make rules and regulations for its meetings
and procedures consistent with city ordinances, and shall meet at least once every
month. At its first meeting, the commission shall elect a chair and vice-chair. The
Director of Public Works, or a designee, shall serve as secretary.
SECTION 4. Powers and Duties--Generally. The powers, duties and responsibilities of
the Forest Lands Commission shall be as follows:
.A. To implement the Forest Management Plan developed and adopted by the
City of Ashland.
B. To provide integrated, interdisciplinary direction and oversight to planning
teams preparing the following plans:
1. A Fire Management Plan for the wildfire lands including lands within
the city limits.
2. A Recreation Plan for the wildfire lands, including some Rogue River
National Forest Lands, that utilizes the recreational potential in ways that are
consistent with fire management and other resource goals.
3. An Ecosystem Management Plan for the Ashland watershed.
PAGE 1-RESOLUTION (P:ordlfmtco .Rm)
C. To develop a strong community volunteer program to assist in the
implementation of the Forest Management Plan. I
D. To submit recommendations to the City Council regarding forest
management practices.
E. To ensure that plans integrate the forest management needs and concerns
of the City and of private land owners in the wildfire lands.
F. To promote public knowledge and acceptance of the Forest Management
Plan programs.
SECTION 4. Reports. The Commission shall submit copies of its minutes to the City
Council and shall prepare and submit such reports as from time to time may be
requested of them by the City Council.
SECTION 5. Compensation. Voting members of the Commission shall receive no
compensation for services rendered.
The foregoing resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular
meeting of the City Council of the City of Ashland on the day of 1993.
Nan E. ranklin, City Recorder
SIGNED and APPROVED this 2eday of fctf_ , 1993.
J
Pattie Acklin, Acting Mayor
Paul Nolte, City Attorney
PAGE 2-RESOLUTION (a:orcRfr"ca .Rm)
t y
Notice is herebygiven that a PUBLIC HEARING on A lication,alldocvmenrsandevidencereliedu
the following request withrespecttotheASHLAND „°°PY aPP dwiQbeheappledat
aPPGabk criteria are awhbk for inspection at to came atdwW 6e provided at
LAND USE ORDINANCE will be held before the- reasonable cost if requested. A copy of the staff report will be avanabk for
ASHLAND CITY COUNCIL on the 6TH DAY inspection seven days prior to the hearing and will be prodded at reasonable cost,
H requested. All materials arc available at the Ashland Planning Department Gry
OF APRIL, 1993 AT 7:30 P.M.at the ASHLAND HilL 20 East Main,Ashland OR 97520.
CIVICCENTER, 1175 East Main Street,Ashland, During the Public Hearing,the Mayor shall allowtestimony from the applicant and
Oregon. chose in attendance concerning this request The Mayorshall have the rightto limit
the length of testimony and require that comments be restricted to the applicable
The ordinance Criteria applicable to this application areon the reverse of this notice. criteria.
Oregon law states that failure to raise an objection concerning this a PP lication,
contact tSu any quesatth or comments
Plan ing concerning this.City please at48 l(rest.
eiderin person or byortuity tourspond toteissuen[recluiesyou right the contaa5usan Yates attheAshland P6nningDepartmen4Ci[y Hall,at 480-5305.
derision make an opportunity to respond m the issue,precludes your right of '
appal to the land Use Board of Appeals(LUBA)on that issue. Failure to specify
which ordinance citerion the objection is based on also precludes your right of
appeal to LUBA on that criterion.
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X1/4 Cor.
PLANNING ACTION 92-122 is a request for annexation of approximately 50' of the rear
of the property at 2359 Highway 66 (Knight's Inn Motel). Area to be annexed currently
is developed with motel units. Comprehensive Plan Designation: Commercial;
Zoning: F-5 (Jackson County); Assessor's Map #: 11 D; Tax Lot: 1201..
APPLICANT: City of Ashland/Brodeur & Brodeur
Y
18 . 108 065 Annexation
The following Findings shall be required for approval of an
annexation to the City:
1. That the land is within the City's Urban Growth Boundary.
2 . That the proposed zoning and project are in conformance
with the City's Comprehensive Plan.
3. That the land is currently contiguous with the present
City Limits.
4. That adequate City facilities for water, sewer, paved
access to and through the development, electricity,
urban storm drainage, and adequate transportation can
and will be provided to and through the subject
property.
5. That a public need for additional land, as defined in
the City's Comprehensive Plan can be demonstrated; or
a. that the proposed lot or lots shall be
residentially zoned under the City's Comprehensive Plan
and that the applicant has agreed to provide 25% of the
proposed residential units at affordable levels, in
accord with the standards established by resolution of
the Ashland City Council. Such agreement to be filed
as part of the initial application and completed and
accepted by all parties prior to the final adoption of
the ordinance annexing the property; or
b. that the proposed lot or lots will be zoned E-1
under the City's Comprehensive Plan, and that the
applicant will obtain Site Review approval for an
outright permitted •use, or special permitted use
concurrent with the annexation request or within one
year of the annexation hearing and prior to the final
adoption of the ordinance annexing the property.
Failure to obtain subsequent site review approval shall
invalidate any previous annexation approval; or
c. that a current or probable public health hazard
exists due to lack of full City sanitary sewer or water
services; or
d. that the existing development in the County has
inadequate water or sanitary sewer service; or the
service will become inadequate within one year; or
e. that the area proposed for annexation has existing
City of Ashland water or sanitary sewer service
extended, connected, and in use, and a signed "consent
to annexation" agreement has been filed and accepted by
the City of Ashland; or
f. that the lot or lots proposed for annexation are an
"island" completely surrounded by lands within the city
limits. "
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
November 10, 1992
PLANNING ACTION: 92-122
APPLICANT: City of Ashland/Brodeur & Brodeur City of Ashland
Planning Exhibit
LOCATION: 2359 Highway 66 (Knight's Inn Motel) PA# Exhibit s-1
Date November 3, 1992 Staff Mac
ZONE DESIGNATION: F-5 (Jackson County)
COMPREHENSIVE PLAN DESIGNATION: Employment
ORDINANCE REFERENCE: 18.108 Annexations
REQUEST: Annexation of approximately 50' of the rear of the property
I. Relevant Facts
1) Background - History of Application:
In 1983, the City approved a Conditional Use Permit and Site Review for
the expansion of the Knight's Inn Motel from 32 to 40 rooms (PA 83-108).
These new eight rooms were assumed and represented to be within the
City limits.
2) Detailed Description of the Site and Proposal:
The site is the current location of the Knight's Inn Motel. The rear 50' of
the property (approximately) is located outside of the city. This is the area
proposed for annexation. This area includes all of the motel units at the
rear of the property, including the eight new units approved in 1983.
By description, the city limits is located 200' from the right-of-way of
Highway 66. That leaves approximately 50-55' of property associated with
this parcel outside of the city, yet developed to an urban level.
II. Project Impact
The annexation of this property will have essentially no change in impact, since it
is fully developed. This is basically a "housekeeping" application. modifying the
city limits to clarify jurisdictional boundaries.
Ili. Procedural - Required Burden of Proof
The criteria for approval of an Annexation are found in 18.108 and.are as follows:
1. That the land is within the City's Urban Growth Boundary. .
This property is indicated in the City's Comprehensive Plan as being within
the urban growth boundary.
2. That the proposed zoning and project are in conformance with the.City's
Comprehensive Plan.
The proposed zoning is E-1, conforming with the Comprehensive Plan, and
the existing use -motel - is a previously approved use allowed by the city.
3. That the land is currently contiguous with the present City limits.
The land is abutting the city limits on two sides of the property.
4. That adequate City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and
will be provided to and through the subject property.
Water and sewer mains are available in Highway 66, and, according to the
City' Water Quality Division, have adequate capacity of for the proposed
uses. Highway 66 is a fully improved state highway accessing the front of
the property. Adequate electricity can be provided to the site, as indicated
by the City's electric division. Storm drainage can be accommodated
through the use of the existing storm drain system. Transportation can be
provided to the site by Highway 66, an improved state highway.
5. That a public need for additional land, as defined in the City's Comprehensive
Plan, can be demonstrated; or
Not applicable to this request.
a. that the proposed lot or lots shall be residentially zoned under the City's
Comprehensive Plan and that the applicant has agreed to.provide 25% of the
proposed residential units at affordable levels, in accord with the standards
established by resolution of the Ashland City Council. Such agreement to be
filed as part of the initial application and completed and accepted by all
parties prior to the final adoption of the ordinance annexing the property; or
PA92-122 Ashland Planning Department — Staff Report
City of Ashland/Brodeur & Brodeur November 10, 1992
Page 2
Not applicable to this request.
b. that the proposed lot or lots will be zoned E-1 under the City's
Comprehensive Plan, and that the applicant will obtain Site Review approval
for an outright permitted use, or special permitted use concurrent with the
annexation request or within one year of the annexation hearing and prior to
the final adoption of the ordinance annexing the property. Failure to obtain
subsequent site review approval shall invalidate any previous annexation
approval; or
This land has a comprehensive plan designation of Employment,
which allows for an E-1 zoning when annexed. Further, the
applicant is not requesting any further approvals as part of this
annexation, but rather to continue the use of the site as currently
developed in the county, which is a commercial use alreauy
approved by the City.
C. that a current or probable public health hazard exists due to lack of
full City sanitary sewer or water services; or
Not applicable to this request.
d. that the existing development in the County has inadequate water or
sanitary sewer service; or the service will become inadequate within one year;
or
Not applicable to this request.
e. that the area proposed for annexation has existing City of Ashland
water or sanitary sewer service extended, connected, and in use, and a signed
"consent to annexation"agreement has been filed and accepted by the City of
Ashland; or
Not applicable to this request.
f. that the lot or lots proposed for annexation are an 'island"completely
surrounded by lands within the city limits.
Not applicable to this request.
PA92-122 Ashland Planning Department -- Staff Report
City of Ashland/Brodeur & Brodeur November 10, 1992
Page 3
IV. Conclusions and Recommendations
Staff recommends approval of the annexation request.
PA92-122 Ashland Planning Department — Staff Report
City of Ashland/Brodeur & Brodeur November 10, 1992
Page 4
Thompson tho ght some p destrian easem t should be ' cluded.
Medinger. ked if anyo remembers h w the Forest t Weller connection t on the
map. Fr onese vag ly remembere drawing the m and adopting the treet
dedicati n.
Tho son imagin d that Casca Street was pro ably selected to c nnect with
We[ r, but whe Morton Street as actually bui , it didn't work o n a feasible way.
MMISSIO ERS DISCU SION AND MO ON
Thompso would like to hang the ordin noe to read "Stree , Path and Gree ay
Dedicati
Thom son felt Alter ate A considers my the car, not the pedestrian. Mc ughlin felt
the edestrian pa s should be con ered at another ti e, on a larger s le and
lo ing at differ t areas.
owell move to adopt PA92-1 with the deletion f the Forest Stre dedication that
goes throu the Badger pro rty and would inst ad encourage Fo est to connect
with Fore as it appears on Iternate A. Armita a seconded the otion and it carried
unanim sly.
PLANNING ACTION 92-122
REQUEST FOR ANNEXATION OF APPROXIMATELY 50 FEET OF THE REAR OF
THE PROPERTY AT 2359 HIGHWAY 66 (KNIGHT'S INN MOTEL). AREA TO BE
ANNEXED CURRENTLY IS DEVELOPED MOTEL UNITS.
APPLICANT: CITY OF ASHLAND/BORDEUR & BRODEUR
Site Visits and Ex Parte Contacts
►Jarvis made the only site visit.
STAFF REPORT
It was recently found that the rear 30 units of the Knight's Inn Motel is out of the City
limits at this time and Staff has been working cooperatively with the owner to annex
the land.into the City. The Comprehensive Plan shows the area as E-1. The
Ordinance allows for annexation of that area and Staff recommends approval.
ASHLAND PLANNING COMMISSION- 9
REGULAR MEETING
MINUTES
NOVEMBER 10, 1992
C
PUBLIC HEARING
No one came forth to speak.
COMMISSIONERS DISCUSSION AND MOTION
Hibbert moved to approve, Powell seconded the motion and it carried unanimously.
TYPE 1 PLAANING ACTI
PLANNI ACTION -102
REQU T FORA NOR LAND P RTITION LOC TED AT 10 ASHALND
STR T TO DIVI A PARCEL I TO TWO LOT WITH A CESS TO PA EL 1
(EX( TING HO ) BY WAY O A FLAG DRIV (EXISTI DRIVEWAY) FF
A LAND ST ET.
PLICANT: ROD BADGE
Thompso ad called this p for a public Baring bec use of the pote tial pedestria
access a d Cloer disagr ed. Cloer felt i would be me time befor aving the la e
parcels ivided up an It seems too so n to know here the pede rian access ould
be pl ed and thou t it should be I to the de loper. The acti n was appro ed.
P NNING ACT N 92-133
QUEST FO OUTLINE PLA APPROV OF A 25 LOT UBDIVISIO UNDER
HE PERFO ANCE STAN ARDS GUI LINES LOCAT D AT 200 S CREST
ROAD.
APPLICA WILEY FA Y
Ex Pa Contacts and ite Visits
►P well made a sit visit.
► ompson did n t have a sit visit.
►Medinger mad a partial sit visit.
►Hibbert drov y to look the site and atte ded the neigh orhood meeting t the
Wiley's hous last month.
►Cloer ma a superfci site visit. He c tatted a mem er of League of omen
Voters, P k Acquisitio Committee and hris Woods w o worked on Op n Space.
progra since he th ght they would t have receive a notice.
►Arm' ge made n site visit and expr ssed his frust tion at not bein able to do an
ade ate job in s ch a short period f time on suc a large propos .
► rr had a sit visit. She spoke to Chuck Wiley ast summer whi he was doing a
traffic count. She lives on the corner of Grandvi w and Grandview'and does not feel
ASHLAND PLANNING COMMISSION 6
REGULAR MEETING
MINUTES
NOVEMBER 10,1992
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'92-11-09 16:32 503 535 4108 P.002
Talmo lue. . D .
104 VALLEY VIEW AVE. P.O. BOX 467
AREA CODE 503 -- 535-1529 TALENT, OREGON 97540
November 9, 1992
City of Ashland
20 East Main
Ashland, OR 97520
F.
To the Planning Commission,
After review of your ; tax lot 1201, we find
that it will have a potential of ec -"upon the Talent Irrigation
District.
If the type of use of the property is being changed to a use other
than agriculture, or the property is being developed for uses where
the water rights can not be used beneficially (as the Oregon Water
Resources Department would define beneficial use) then it is the
policy of the Board of Directors of the Talent Irrigation District,
for the protection of the District, to require that the water right
be bought out.
As per ORS 545.611, the water rights must be bought out if the
subdivision has three or more tracts on each acre of land within the
subdivision.
We respectfully request that this application either be denied or
approved with the stipulation that the water rights be bought out of
Talent Irrigation District.
Thank you for your time and consideration.
Sincerely,
Michelle Irwin
Administrative Assistant
Notice is hereby given that a PUBLIC HEARING on Board of Appeals(LUBA)on that issue. eailumtesPeeifywhi6,dinanao,itaion
the following request with respect to the ASHLAND the objection is based on also Precludes your right ofappeal to LUBA on that criteriom
LAND USE ORDINANCE will be held before the Aoopyofthe application,all docummtsand evidence relied upon bythe applicant and
ASHLAND PLANNING COMMISSION On the applicable criteria are available for inspection at no cost and will be provided u
rcawnableeost.ifrequested. AcopyofthestaffMp rtwillbeavailablef"bmpection
I OTH DAYOF NOVEMBER, 1992 AT7:00 P.M. sevendays priortethehearingandwilibepro%idedatreason ableeoskifrequesteeAll
at the ASHLAND HIGH SCHOOL ENGLISH materials are available at the Ashland Planning Department,City Hall,20 East Main;
Ashland OR 97520.
LECTURE HALL, 201 S. MOUNTAIN AVE,
Ashland, Oregon. During the Public Hearing,the Chair shall allow testimony from the applicant and
those in attendance conttming Otis request The Chair shall have the right to limit the
length ofteslinmy and require that comments be restricted to the applicable criteria
Theordinan citaiaapplicabletothisapp licationaroahachedtothisnotim.Oregon
Iawstatesdwfailuret omiseanobjectionemeaningthisapplicatimeilhainperson If you have any questions or continents concerning this request,Please feel free to
or by leda,or failure to provide affrciem specificity to afford the derision maker an contact Susan Yates at the Ashland Planning Department,City Hall,at 488-5305.
opportunity to respond to the issue,precludes your right of appeal to the Lend Use
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AREA TV BE
ANNExGD
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1201 iCaan; 1203 'I
1202 I a
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(P-27°9/) t
ASNLAND ST.— HWY (06"l-
1 A Cor.
PLANNING ACTION 92-122 is a request for annexation of approximately 50' of the rear
of the property at 2359 Highway 66 (Knight's Inn Motel). Area to be annexed currently
is developed with motel units. Comprehensive Plan Designation: Commercial;
Zoning: F-5 (Jackson County); Assessor's Map #: 11D; Tax Lot: 1201.
APPLICANT: City of Ashland/Brodeur & Brodeur
Memorandum
'.pREGp� •' '
April 2, 1993
�+�• Honorable Mayor & City Council
r
ram: Brian L. Almquist, City Administrator
p�1I�IjPtt: Marketplace Request
The Staff has no objection to the requested use of the small parking lot behind
Lithia Stationers. Last year they were given permission to use the Hillah
Temple parking lot, and this did not create any problems. In addition, several
years ago they were given permission to use this area for produce booths, and
this likewise did not present a problem.
The new improvements on Calle Guanajuato have significantly reduced the number
of booth spaces for the Marketplace from 80 down to 24 . The need for the
additional 24 spaces to keep the Marketplace viable seems like a reasonable
request.
The lease with the Ashland Parks Commission calls for the payment of 2% of
gross sales for the use of the park area by the Marketplace. For equity's
sake, I would recommend that this same lease provision be applied to the city
property proposed for use.
(d:Cc Cif\m`k 1C.M=)
ASHLAND'S MARKETPLACE
Open-air Arts &Crafts _
P.O. Box 3280
Ashland,OR 97520
Jan. 8, 1993
Hon. City Council
City of Ashland
City Hall
Ashland, Oregon
Dear Council Members,
We, representing the Ashland Marketplace (arts and
crafts) , wish to address the Council on the matter of acquiring
additional market space adjacent to Calle Guanajuato. Ashland's
Marketplace is now operating on Calle Guanajuato under a
ci.n. •@heee year lease agreement with the Park and Recreation
Department.
Ten years ago, our organization had access to some
80 booth spaces on Calle Guanajuato. Over the years, the
area we are allowed to use has been eroded and reduced for
various reasons to the current 24 spaces. Nevertheless,
the Marketplace has become an annual and continuing attraction
for a substantial number of visitors who come to Ashland
because of its other outstanding facilities and community
amenities.
Demand for spaces by various artisans now exceed our
capability to accomodate them on Calle Guanajuato. . Therefore,
this request is for permission to enlarge our operation
to meet this need. Use of the adjacent parking lot would
provide an additional much needed 24 spaces. . As shown on
the map of the proposed parking lot site, we would position
display booths leaving wide pedestrian lanes and access
to the garbage but by merchants with their little garbage
buggies.
Also, an appropriate notice should be posted prohibiting
vehicle parking between lam and sunset during the seasonal
craft shows (May-Oct. , weekends) .
If allowed, we request the lease agreement to run concurrently
and for the same duration as the lease with the Park and
Recreation Department.
Your considerate action and approval of this request
will be appreciated.
Sincerely Yours,
Judie Bunch, Operator
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Booths 8'x6'
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Driveway--Calle Guanajuato Lithia Park Bztensic
Calle Guanajuato
ASHLAND PARKS AND RECREATION COMMISSION
CITY HALL ASHLAND,OREGON 97520 488-5340
'OF •'FM °°'.
PARK COMMISSIONERS: `+. 'jO KENNETH J. MICKELSEN
PATRICIA ADAMS - Director
ALLEN A.ALSING r-
TERI COPPEDGE �REGO�,.•°,•
THOMAS W. PYLE
WES L. REYNOLDS
March 31 , 1993
City Council
City of Ashland
Honorable Mayor and Councilors :
The Ashland Parks and Recreation Commission supports the request
of Judie Bunch to use the small parking lot adjacent to Calle
Guanajuato on the weekends of Ashland ' s Marketplace .
Sincerely,
Patricia Adams , Chair
Ashland Parks and Recreation Commission
2:HISC�HKTPLPP2.93
Home of Famous Lithia Park
C
OREGON ,• ((//
t�{ April 2, 1993
�C11I. Mayor and City Council
r
rom: Jill Turner, Director of Finance
Subject Financial Consultants
The purpose of this memo is to ask City Council to approve the selection of
Public Financial Management as the City's Financial Consultant.
Staff prepared a request for proposal for Financial Consultant for the upcoming
debt issues. The scope of projects as stated in the RFP are as follows:
Anticipated and/or Potential Projects & Financing:
1. Winter/Spring 1994: 10-20 million dollar Sewage Treatment Plant.
2 . Bancroft Bond Issue $500, 000
Other Financing Possibilities:
1. Open Space Park Land - $2 million
2 . Golf Course Development - $4 million
3 . ACH Foundation - Senior Care Facility
4 . Airport Hangar Revenue Bonds - $250, 000
The City received five responses. A committee composed of employees from the
Hospital, Parks and Recreation, and myself reviewed the proposals. Three firms
were selected for interviews. A second committee composed of myself, Pat
Acklin, Rob Winthrop, Chuck Butler, Steve Hall, and Wes Reynolds interviewed
the consultants and agreed to recommend Public Financial Management to the
Council.
H:\jiD\wp\cw cil\fiu2crosu
Memorandum
OREGO .
April 2 , 1993
�GID. Mayor and City Council
ram: Jill Turner, Director of Finance
1I�IjEt Financial Consultants
The purpose of this memo is to ask City Council to approve the selection of
Public Financial Management as the City's Financial Consultant.
Staff prepared a request for proposal for Financial Consultant for the upcoming
debt issues. The scope of projects as stated in the RFP are as follows:
Anticipated and/or Potential. Projects & Financing:
1. Winter/Spring 1994: 10-20 million dollar Sewage Treatment Plant.
2 . Bancroft Bond Issue $500, 000
Other Financing Possibilities:
1. Open Space Park Land - $2 million
2 . Golf Course Development - $4 million
3 . ACH Foundation - Senior Care Facility
4 . Airport Hangar Revenue Bonds - $250, 000
The City received five responses. A committee composed of employees from the
Hospital, Parks and Recreation, and myself reviewed the proposals. Three firms
were selected for interviews. A second committee composed of myself, Pat
Acklin, Rob Winthrop, Chuck Butler, Steve Hall, and Wes Reynolds interviewed
the consultants and agreed to recommend Public Financial Management to the
Council.
H:\jill\wpko cd\fin2crosu
April 2, 1993
M E M O R A N D U M
TO: Honorable Mayor & City Council
FROM: Brian L. Almquist, City Administrator
SUBJECT: Monthly Report - March 1993
The following is a report of my principal activities for the
past month, and a status report on the various City projects and
Council goals for 1992-93 .
I. PRINCIPAL ACTIVITIES:
1. A major amount of my time this past month was spent in
finalizing the budget and preparing the budget message and
assisting in preparing the narratives for the various funds.
2 . Met with TCI representatives and Pete Belecastro to work
out low income discount for cable subscribers and PEG access fee.
3. Met with TID Board of Directors concerning transfer of
water rights and changing 1963 allocation contract to M & I.
4 . Met with French Sister City subcommittee and OSFA to
discuss upcoming exchange of Artistic Directors with Sarlat.
5. Attended monthly meeting of Cable Access Commission. The
principal topic of discussion was the feasibility of including
leased access programming to enhance revenues for public access.
6. Met with architect Gary Afseth to discuss the development
of a phasing plan and cost estimates for office addition at Civic
Center.
7. Attended meeting of ICMA Committee on International
Activities in Washington, D.C.
8. Met with members of the Park and Recreation Commission
regarding process for acquiring two major park -sites in the event
Measure 15-1 were to pass.
9. Met with representatives of ODOT and Oak Knoll Golf
Course, regarding proposed realignment of Highway 66 at Crowson.
Agreed that we would estimate the cost of realigning of one
fairway. The State agreed to pay the City for the right-of-way
and the cost of relocation. Also discussed the North Main/Maple
left turn refuge project. The State wants an additional
contribution of $50, 000 to include a bikeway. The Council will
need to address this in April.
10. Attended meeting of the Oregon Municipal Utilities group
in Salem to discuss our proposal for BPA backing of a revenue
bond issue to finance conservation. Also reviewed current
legislative proposals affecting municipal utilities. I was
elected to serve as President for 1993-94.
11. Met with Mac, Larry Medinger, Rob Winthrop and Jackson
County CDC representatives concerning submission of CDBG grant
for affordable housing.
12. Conducted annual evaluations of the Fire Chief, Finance
Director and Public Works Director.
13 . Met with Dave Donaldson of R.W. Griffith and Associates
to finalize candidate list for Community Development Director
interviews. Also agreed on testing format and interview teams.
14 . Facilitated Capital Improvement Program study session
with City Council; Budget Committee and Planning Commission.
15. Met with subcommittee of Airport Commission to revise
the standards for ground leases for proposed private hangars.
16. Participated in monthly Town Hall program on Cable
Access with Mayor and Councillor Hauck.
17. Attended two meetings of the committee of the Rogue
Valley Civic League where I serve as liaison which is evaluating
the alternatives for community college services in the Rogue .
Valley.
18. Met with John Billings to discuss possible lease of his
land for golf course.
19. Met with sculptor Marian Young and Lloyd Haines to
review progress of street scene artwork and to express my concern
about delays.
20. Met with Dan Harris, Attorney for Hodgins family
regarding two substation sites identified by BPA on their
property.
21. Met with BPA Lower Columbia Area Manager George Bell,
and Eugene Manager Bob Laffell to review status of EA on various
site proposals.
22. Met with City Attorney, Fire Chief and Building Official
to discuss amendments to Uniform Fire Code and Building Code.
These ordinances will be presented to the Council on April 20.
23 . Met with consultant Hap Freund regarding draft standards
for leased access which will be reviewed by the Commission at its
meeting on April 7 .
STATUS OF VARIOUS CITY PROJECTS:
1. Electric Substation. ,BPA is scheduled to release its EA,
identifying its preferred alternative on April 2 . Following this
there will be a two week public comment period. They will issue
there final report about 30 days thereafter.
2 . Downtown- Project. Completed, except for irrigation and
landscaping of the new islands in front of City Hall which should
take about two weeks to finish.
3 . Northwest Water Project. Construction on the reservoir
on Hitt Road was awarded and came in within budget. Work will
begin next week and will take about 9-10 months to complete. "
4. Open Spare Program. The voters approved the prepared
food and beverage proposal at the March 23 election. This week
Ken Mickelson, city Attorney Nolte and I met with Bob Hodgins to
discuss the acquisition of 28 acres at Hersey and Mountain. This
incidentally is one of the potential substation sites identified
by citizens in the recent public meetings with BPA.
5. Digester Roof. Construction is complete. We had to
import a new "culture" of bacteria from the Medford sewage plant
to get it going again.
6. Tolman Traffic Signal. The project is nearing completion
and should be operational by mid-April.
7 . Wetlands Study. The consultant has completed major
elements of the study. An open meeting was held this month to
review progress and present some preliminary findings. We are
still on a very tight time schedule to meet our July 1 deadline.
S. Forest Fire Management Project. Parks has completed its
work for this year. Additional work is scheduled for next Winter
which will complete the recommended project list from McCormick
and Associates. Ron McCormick has also reviewed several large
proposed cut by private landowners and prepared suggested
conditions of approval to ODF.
9. Capital Improvement Plan. The draft plan was reviewed in
study session this past month. Copies have been placed in all the
libraries and I am making. myself available to speak to groups
about the plan. Perhaps by late May or early June we should place
this on the agenda for adoption.
III. STATUS OF COUNCIL GOALS:
r
A report was presented at the Council Goal-setting session. The
next report will be prepared..in April.
/Brian L. Alm st
City Admini rat r
BA:ba
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ti+OF �ry
' - � � marttxt �fixm
OgE00 March 12 , 1993 --
�• Honorable Mayor & City Council
r
ram- 11 Brian L. Almquist, City Administrator
06 bjVCt. PEG Access Fee
As requested at the Council meeting on February 16, the City Attorney
has prepared an analysis of the Cable Act of .1992 with respect to rate
regulation and PEG access fees. Attached is his memorandum dated
February 25 which sets forth the FCC requirements for rate regulation,
and a conclusion that the City may not require the cable company to
collect and pay PEG access fees until the franchise expires in 2003 .
Since the last Council meeting I have had several meetings and
telephone conversations with TCI officials. Those efforts have
resulted in an agreement with the cable company to extend a discount
of 15% to all of our low income senior citizens and disabled persons,
who qualify under the city's utility program. This means that those
who qualify for the city's program will receive a discount of about
$1. 65. This should more than mitigate any effect of the 2% access
fee.
TCI has also indicated their interest in providing the annual
estimated amount of the PEG access fee in a lump sum within the next
few months, which will provide the necessary resources to maintain our
Cable Access programs in accord with the Cable Commission's budget for
calendar year 1993 .
RECOMMENDATION: That the Council approve the amended ordinance after
second reading by title only; and .that the City Administrator be
authorized to sign the "Memorandum of Understanding" concerning the
low income utility discount.
Attachments (3)
(d:WccmMpcgnccmMeng
r
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2258 AS AMENDED BY
ORDINANCE NOS. 2415 AND 2536, CONCERNING THE FRANCHISE WITH
TCI CABLEVISION OF OREGON.
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
SECTION 1. Section 19 of Ordinance No. 2258 is amended to read as
follows:
"SECTION 19 . Payment to City.
(1) The Grantee shall pay to the City, on or before the 30th day
following the end of each calendar quarter, a franchise fee of five
percent of the gross annual receipts received by the Grantee during
such calendar quarter from the subscribers and advertisers within
the territorial limits of this franchise for each calendar quarter
of this .franchise. The franchise fee is for the use of public
streets, alleys and rights-of-way, which are acquired- and
maintained at great expense to the City's taxpayers and such is of
economic value to the Grantee, without which the Grantee would be
required to invest substantial capital in right-of-way costs and
acquisitions.
(2) Pursuant to the Federal "Cable Television Consumer Protection
Act of 199211 , the grantee shall, effective June 1, 1993, pay to the
City, a PEG access fee of not less than two percent of the gross
annual receipts received by the grantee (but not to exceed $35, 000
for the first year, which maximum shall be increased annually by
the average of the annual percentage change of the Portland, OR
CPI-U and the U.S. National CPI-U) from the subscribers and
advertisers within the territorial limits of this franchise, '
excluding .music channel and telephone revenues. This fee shall be
used exclusively for facilities and equipment for PEG access.
(3) To the extent permitted by state law, if the City levies a
utility user tax not to exceed five percent on the subscribers of
the system, the Grantee agrees to collect and remit this tax to the
City, provided that the grantee shall be permitted to•retain five
percent of the tax collected to defray the cost of collection.
(4) No other fee, charge or tax of any kind shall be imposed on
Grantee, excepting property taxes and general taxes levied at like
rates on other businesses within the City. "
SECTION 2. The City hereby reiterates its present policy in Section
20 of Ordinance No. 2258 concerning rates that require the grantee to
justify any rate increase to Ashland subscribers that is greater than
ORDINANCE - Page 1
the average rate structure for the rest of the Rogue Valley, and does
not wish to invoke rate review under the terms of the Federal "Cable
Television Consumer Protection Act of 1992" .
The foregoing ordinance was first read on the 2nd day of February,
1993 and duly PASSED and ADOPTED this 6th day of April, 1993 .
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of , 1993 .
Catherine M. Golden
Mayor
Approved as to form:
Paul Nolte
City Attorney
(d:%c mci1lord93\tci.Pcg)
ORDINANCE - Page 2
MEMORANDUM OF UNDERSTANDING
This memorandum sets forth the agreement of the City of Ashland,
hereinafter called "CITY" and TCI Cablevision of Oregon, hereinafter
called "TCI", both of whom understand as follows:
1. Section 623 (e) , subsection 1 of the Federal Cable Television
Consumer Protection Act of 1992 permits reasonable discounts to
senior citizens and other economically disadvantaged groups.
2 . The City has a program of providing a 15% discount to its utility
customers who are 65 years of age, or disabled and 60 years of
age, and a total household income not exceeding the .Federal
Community Services Administration poverty guidelines;..
3 . TCI is willing to extend a 15% discount for its basic (or first
tier) service, utilizing a list of qualified customers to be
provided by City.'
This memorandum shall be implemented on the effective date of an
ordinance modifying the franchise with TCI Cablevision which provides
for the payment of a PEG access fee and clarifying rate review
procedures.
TCI CABLEVISION OF OREGON CITY OF ASHLAND
by: by:
Title: Title:
Date: Date:
SENIOR UTILITY DISCOUNT
Age
1. Alwine, Lester 136 N. 2nd 70
2. Anderson, Karla 1665 Siskiyou #102 68
3. Ashley, Sue L. 1354 Quincy #1 91
4. Barnes, Elaine 500 YMCA Way #303 78
5. Bean, Ernest & Ruby 360 Cambridge 77
6. Bishop, Mrs. C.F. 75 Coolidge 87
7. Blymer, Inez 155 Granite 88
8. Bone, June 2301 Siskiyou #107 72
9. Bratcher, Bessie 321 Clay #77 86
10. Brock, Mrs. Henry K. 140 Seventh Street 83
11. Brown, Roberta 1354 Quincy #16 71
12. Busse, Madeline 2301 Siskiyou #304 81
13. Carlon, Nettie 1354 Quincy #15 87
14. Carls, Erwin & Della 2301 Siskiyou #218 85
15. Carnaghi, Dorothy 2301 Siskiyou #302 71
16. Coleman, Jack D. & Lola 155 Fifth Street 78
17. Collins, C.A. (Thelma) 501 Liberty 78
18. Collins, Martin 500 YMCA Way #115 76
19. Darling, Lorene 2301 Siskiyou #301 67
20. Davis, Billie 2301 Siskiyou #204 83
21. Dougherty, Dorothy 565 Allison #3 80
22. Etters, Geraldine 700 Willow 72
23. Farrar, William & Maude 987 Walker 82
24. Forsythe, Theda 321 Clay #22 76
25. Gansle, Mrs. R.F. 1699 Parker 87
26. Gibbs, Merle 607 Park Street 111 83
SENIOR UTILITY DISCOUNT (CONT)
27. Harper, Thelma 500 YMCA Way #112 73
28. Hayes, Elizabeth 2301 Siskiyou 11222 . 73
29. Hendrickson, Ruby 607 Park 1114 82
30. Hillberry, Clara 328 Palm 90
31. Hoover, Dale D. 136 Morton 82
32. Hughes, Mrs. 'J.L. 47 Union 96
33. Hutson, Clyde & Mary 90 Seventh Street 89
34. Irons, Eileen 569 Clay 114 75
35. Johnson, Mrs. Leonard 809 Glendower 72
36. Klavano, Bernice 1330 Iowa 84
37. Lamie, Cliff 1354 Quincy 119 86
38. Lehnherr, R. C. & Norma 47 Emerick 67
39. Lewis, Frann D. 500 YMCA Way 11211 80
40. Lovaas, Pearl. 433 Wightman 84
41. Lowery, Mary 260 North Fisrt Street 74
42. Magruder, M.E. 75 Oak 113 78
43. Mangravite, Henry 311 B Street 81
44. Mason, Joe 1592 North Laurel 77
45. Mc Cullough, Beulah 2301 Siskiyou 11307 65
46. Mc Lane, Wallace 607 Park 114 65
47. Mc Farland, Andree 607 Park 119 85
48. Mc Farland, Jane 500 YMCA 11110 72
49. Mc Kinnis, Ralph 807 Beach 77
50. Meighen, Col. Charles 500 YMCA Way 11309 71
51. Miller, Dorothy 607 Park 1112 83
52. Morrow, Mrs. B. E. 47 Fifth Street 90
53. Murphy, Anna N. 849 Glendale 88
54. Murphy, Beverely 2301 Siskiyou 11105 64
SENIOR UTILITY DISCOUNT (CONT)
55. Nelson, Catherine 607 Park 116 87
56. Niedermeyer, Leone 321 Clay F 68
57. Oar, Virdie 1301 Iowa 111 76
58. Parsons, Mrs. Charles 1715 Parker 64
59. Petri, Elton 225 B Street 82
60. Reid, Mildred 1354 Quincy 112 81
61. Reiten, Mrs. Ralph 95 Coolidge 84
62. Ritchson, Mrs. L.L. 1188 Oak 79
63. Rogers, Almus & Violet 177 Garfield 81
64. Roushey, Esther 1550 Oregon 118 90
65. Rush, Charles 141 Hersey 62
66. Rykken, Mrs. C.T. 735 S. Mountain 84
67. Sayre, Joe oji beh4 /' d' S l yr old 14d.�
68. Smith, Barbara 74 Union 64
69. Smith, Dorothy 607 Park 1110 80
70. Stanton, Walter 1354 Quincy 1113 84
71: Stennett, W.S. /l�- C'�i+ r4 / ,av 73
72. Stone, Mary 2301 Siskiyou 11311 83
73. Surkis, Duveen 523 Clay 113C 69
74. Straw, Dorothy (Dorothy Johnson)2301 Siskiyou 11201 81
75. Swartz, Lou B. 607 Park 113 74
76. Thompson, Norman 359 Cambridge 67
77. Toso, Phyliss 2301 Siskiyou 11319 85
78. Westerfield, Mrs. R.H. 1090 S. Mountain 73
79. Wilkie, Winnifred 686 Beach 93
80. Wilson, Phyllis 2301 Siskiyou 11111 77
81. Wittenberger, Grace 482 Walker 111 74
SENIOR UTILITY DISCOUNT (CONT)
82. Wood; Ruby 493 Clay 3A 67
83. Wright, Marvin & Helen 195 Randy 81
84. Wyckoff, Mariana 160 Alida #2 76
85. Yarbrough, Betty 320 High Street , 72
�/� / y(
w
City Attorney
City of Ashland
(503) 482-3211, Ext. 59
MEMORANDUM
February 25, 1993
TO: Mayor and City Council
FROM: ..Paul Nolte
SUBJECT: The Cable Television Consumer Protection and Competition Act of
1992'
The new cable Act allows local franchising authorities (e.g. cities) to regulate cable
rates if the cable system is not subject to "effective competition" and the city-certifies to
the FCC that the city will 1) adopt and administer regulations "consistent with the
regulations prescribed" by the Commission, 2) has the authority to adopt such
regulations "and the personnel to regulate such regulations, and 3) the regulations
allow an opportunity for consideration of views of interested parties2.
The FCC is required to promulgate regulations under the 1992 Act to amplify what will
be required of local franchising authorities before rate regulation may occur. The FCC
may have those regulations in place by April or May of this year.
There currently is no consensus, and the 1992 Act is not clear, that existing franchise
agreements (such as Ashland's) can be reopened prior to their stated term for
purposes of allowing rate regulation. It is my understanding that the cable companies
have taken the position that the 1992 Act does not allow rate regulation under current
franchises unless the franchise agreement attempts to grant the authority to regulate
(Ashland's does not). The more sophisticated franchise authorities are maintaining
that the 1992 Act will allow any authority to regulate (provided it can meet the
requirements of the 1992 Act), regardless of the language in the franchise. The FCC
regulations will most likely resolve this dispute.
Assuming that the new regulations will permit existing franchises to be opened for the
purpose of rate regulation, the city would then have to meet the three requirements
listed above before it could regulate rates. In other words, the City would have to:
1. Adopt and administer regulations consistent with FCC regulations. The FCC
has not yet adopted those regulations. My experience with federal regulations
is that they will not be simple, clear or easy to administer.
' 106 Stat. 1460, Public Law 102-385
2 §623(a) of the Act.
Memorandum to Mayor and Council
February 25, 1993
Page 2
2. Demonstrate to the FCC that it has "the legal authority to adopt, and the
personnel to administer, such regulations." The forthcoming FCC regulations
will expand on these terms and further define what essential qualifications will
be necessary to meet this section of the 1992 Act.
3. Provide in its regulations a reasonable opportunity for consideration of the
views of interested persons. Having viewed the operations of the city for the
past year and a half, I have no reservations that the city regulations will more
than adequately meet this requirement, regardless of the FCC regulations which
may be promulgated to address this requirement.
The 1992 Act does not require that the existing city franchise be opened for the
purpose of requiring the cable company to collect and pay PEG access fees. PEG
access fees were addressed in the 1984 cable act and there is little in the 41992 act
that changes the existing law. The 1984 cable act (the city's franchise was entered
into in 1983) grandfathered any existing PEG access fees. There are no PEG access
fees specified in the existing franchise with the city.. PEG access fees are not limited
to the maximum 5% franchise fee the city now charges and there is no limit to PEG
access fees except such fees can only be used for capital costs.
In conclusion, it appears that the city may have the authority to regulate rates but will
have to meet, what may well be onerous, FCC requirements before it can do so. The
city cannot require the cable company to collect and pay PEG access fees to the city
at this time. The city may be able to negotiate such payment when the franchise
agreement is renegotiated at the end of its term (the year 2003) or if both the cable
company and the city agree to renegotiate the franchise to require PEG access fees.
Ip:alo\cn-cable.meml
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 2252
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1 . Title. Ordinance No. 2252 , entitled "An Ordinance of
the City of Ashland Declaring a Moratorium on New Construction in
the Northwest Portion of the City, Providing for Exceptions, and
Declaring an Emergency, " known as the Northwest Ashland Water
Moratorium Ordinance, is repealed.
The foregoing ordinance was first READ on the _ day of
1993 , and duly PASSED and ADOPTED this
day of 1993 .
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of 1993 .
Catherine M. Golden, Mayor
Ali owed � t�:
P{{a���ru//1 Nolte, City Attorney
PAGE 1-ORDINANCE REPEALING WATER MORATORIUM vord)wm nnor.ord)
pREGO,,
March 30, 1993
111 II: Ashland City Council
rom John McLaughlin, Acting Director of Community Developmen
p�$Uhjgl& Repeal of Northwest Water Moratorium Ordinance (Ord. #2252)
Staff is proposing at this time that the City Council repeal the Northwest Ashland Water
Moratorium Ordinance. A copy of the adopted ordinance is included with your information on
this matter.
The moratorium was enacted in May, 1983, prohibiting additional water hookups in this area
due to insufficient water pressure during times of peak demand.
Staff is proposing repeal of the ordinance, due in part to the completion of the first phase of the
Northwest Water Project, the transmission line from Crowson Reservoir to Strawberry/Hitt
Road, and the future completion of the Hitt Road Reservoir. And also due to the adoption of
public facility requirements as part of the criteria of approval in the land use ordinance.
The moratorium ordinance was originally enacted to guard against development in this area
which would result in a burden on the existing inadequate water system. At the time of the
ordinance adoption, there were no provisions in the land use ordinance for findings of adequate
public facilities as one of the requirements for development. Since the adoption of the
moratorium ordinance, the City's land use codes have been modified to require that adequate
public facilities be available prior to the development of lands in this area. Specifically, the
ordinance requirements for public facilities must be met by all of the following planning actions:
Minor Land Partitions: (18.76)
F) When there exists adequate public facilities, or proof that such facilities can be
provided, as determined by the Public Works Director and specified by City documents,
for water, sanitary sewers, storm sewer, and electricity.
G) When there exists a 20 ft. wide access along the entire street frontage of the
parcel to the nearest fully improved collector or arterial street, as designated in the
Comprehensive Plan. Access to be improved with an asphaltic concrete pavement
designed for the use of the proposed street. The minimum width of the street shall be 20
feet with all work done under permit of the Public Works Department.
1) The Public Works Director may allow an unpaved street for access for a
minor land partition when all of the following conditions exist:
a) The unpaved street is at least 20' wide to the nearest fully improved
collector or arterial street.
b) The centerline grade on any portion of the unpaved street does not
exceed 10%.
2) Should the partition be on an unpaved street and paving is not required,
the applicant shall legally agree to participate in the costs and to waive the rights
of the owner of the subject property to remonstrate both with respect to the
owners agreeing to participate in the costs of full street improvements and to not
remonstrate to the formation of a local improvement district to cover such
improvements and costs thereof. Full street improvements shall include paving, .
curb, gutter, sidewalks and the undergrounding of utilities. This requirement
shall be precedent to the signing of the final survey plat, and if the owner declines
to so agree, then the application shall be denied.
Performance Standards Subdivisions: (18.88)
b) That adequate key City facilities can be provided including water, sewer, paved
access to and through the development, electricity, urban storm drainage, police and fire
protection and adequate transportation; and that the development will not cause a City
facility to operate beyond capacity.
Conditional Use Permits: (18.104
B. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate.transportation
can and will be provided to and through the subject property.
Site Reviews: (18.72)
D. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate transportation.
can and will be provided to and through the subject property.
The only development not addressed by these criteria is the construction of single family homes
on individual existing lots. Certain minimum fire and access requirements for single family
homes are required by the land use ordinance and the fire code.
As seen by the above criteria, before the City can permit development in this area, public
facilities must be available, which include adequate water, sewer, storm drains, and streets.
The very worst case scenario for this area, prior to the extension of services and streets, would
be the development of one single family residence on each vacant parcel in the area. From the
existing tax lot maps of the area, this would be fewer than ten homes.
It is Staff's opinion that there are adequate ordinances in effect to ensure that development does
not occur prior to the extension of public services. In our opinion this is a much more
reasonable approach to development in this area than the previous moratorium ordinance.
Rather than prohibiting development, it places the burden upon the developer to provide the
necessary services. The imminent completion of the reservoir to serve the northwest portion of
Ashland addresses the City's provision of water service to the area. It is the responsibility of
the developer(s) to extend the necessary water lines, sewer lines, and improved streets that will
allow further development of this area.,
ORDINANCE NO. ?26;;a
City of Ashland
Planning Exhibit AN ORDINANCE OF THE CITY OF ASHLAND DECLARING A
Emw S -A MORATORIUM ON NEW CONSTRUCTION IN THE NORTHWEST
'PA 8 -d5 .PORTION OF THE CITY, PROVIDING FOR EXCEPTIONS,
o�TC sr�sr �jD DECLARING AN EMERGENCY.
WHEREAS, the City has identified that low water pressures are a danger
to . the .public safety; and,
WHEREAS, the Council has adopted findings which identify 'a need to
limit new construction in the Northwest portion of the City
until the necessary improvements has been made,
NOW.THEREFORE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS :
SECTION 1. Title. This ordinance shall be known as the Northwest
Ashland Water Moratorium Ordinance and may be so cited and pleaded.
SECTION 2. Purpose and Intent. The purpose and intent of this ordin-
ance is to protect the rest ence of the City of Ashland, specifically
those residents in the Northwest Ashland area, against an unsafe unbur-
dening of the water distribution and supply network.
SECTION 3. Scope.. This ordinance shall be in effect in the ares shown
on He map attached to this ordinance and by reference herein incorpora-
ted as Exhibit "A". This ordinance' shall control all development activi*_v
and issuance, of all building permits in the area shown on Exhibit "A".
Where this ordinance is found to conflict with other applicable ordin-
ances and laws , the stricter and most restrictive of the two shall apply.
SECTION 4. Lack of Water Pressure. R. W. Beck and Associates , Engineers
and Consultants , who prepared a Comprehensive Water Plan for the City of
Ashland, dated September 1980, has determined that until certain water
transmission lines are installed, that water pressures in the area shau.n
on the map designated Exhibit "A" will be insufficient during times of
peak demand.
SECTION 5. Building Limitations .
A. No new structures may be served with water from the Ashland
domestic system within the area shown on Exhibit "A"except as pro-
vided in this Ordinance.
SECTION 6. Issuance of Building Permits .
A. Building permits may be issued for lots within the moratorium
area which are eligible for water services by virtue of having paid
the current fee for such service prior to first reading of this
Ordinance. There are presently eight such prepaid services.
B. Building permits may be issued for lots within the moratorium
area which will be served by private wells under such conditions as
the City Council may deem appropriate, including but not limited' to
adequate water storage for fire protection purposes. The owners of
such lots• must agree to connect to the City domestic system; when
available, at the -sole discretion of the City, and must also sign a
consent to participate in any future assessment district related to
-1-
water improvements for the area shown on Exhibit "A".
SECTION 7. Planning Actions .
A. During the time this building moratorium ordinance is in
effect, the Planning Commission may not grant extensions to
any planning actions which have been granted prior to the
enactment of this Ordinance and which expire under the pro-
visions of Title 18 of the Ashland Municipal Code, unless the
project is prevented from proceeding because water service is
not available.
B. Planning actions may be processed while this Ordinance is
in effect, and Planning Commission approvals may be given, how-
ever, no building permits for construction may be issued except
as may be permitted under Section 8 of this ordinance. The
effective date of approvals of such planning actions will be
upon repeal of this Ordinance , or when a building permit is
issued on ihe. project, whichever comes first.
SECTION 8. Exemptions . Exemptions to the provisions of this Ordin-
ance may be granted by the City Council if it finds' that there are
no adverse impacts to the water system which will compound the present
deficiencies .
SECTION 9. Emergency Clause. There being an immediate danger to
t e public peace, health, sa ety and general welfare, an emergency is
hereby declared to exist, and this Ordinance shall take effect immedi-
ately upon passage by the City Council and approval by' the Mayor.
The foregoing ordinance was first read on the Z9 f- day of ,
1983, and duly PASSED and ADOPTED this 5hl.e day of `/Jf .� 1983.
awn
Franklin
City Recorder
SIGNED and APPROVED this#day of 1983.
L. Gordon Me aris
Mayor .
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EXHIBIT 'A'
A N N E X A T I O N D E S C R I P' T I O N
Page 2
THENCE South 00 degrees 11 minutes 32 seconds West (deed
record per Document No. 66-08244 and Record of Survey No. 2499 =
South 00 degrees 10 minutes 30 seconds West) for a distance of
49. 595 feet to a 5/8 x 24 inch iron rod with Aluminium Cap marked :
City of Ashland LS 759, said iron rod being situated 230..0 feet
Northerly of , when measured normal therefrom, the section_Jine
common to Sections 11 and 14, said Township and Range;
THENCE North 89 degrees 53 minutes 55 seconds West , parallel
with and 230.0 feet Northerly of , when measured normal therefrom,
said section line, for a distance of 198. 54 feet to a point which
bears North 05 degrees 58 minutes 07 Seconds West for a distance
of 27.45 feet from a REFERENCE MONUMENT being a 5/8 x 24 inch iron
rod with Aluminum Cap marked : City of Ashland REF.o MON. LS 759:
THENCE North 89 degrees 54 minutes 07 seconds West parallel
with and 230.0 feet Northerly of , when measured normal therefrom,
said section line, for a distance of 51 .90 feet to the point of
beginning . Containing 12471 square feet , more or less.
EXHIBIT "A"
City of Ashland March 30, 1993
City Hall REGISTERED
Ashland, Oregon 97520 p67Fl�SSIONAL ref : C92T22. 1eg
LAND SURVEYOO�R
4 L �
OREGON:S'W:A JULY 8. 1EYERETT 1. IN
759
EXHIBIT 'A'
A N N E X A T I O N D E S C R I P T I O N
Commencing at the section corner common to Sections 11 , 12,
13 and 14, Township 39 South, Range 1 East of the Willamette Base
and Meridian , Jackson County , Oregon ;
THENCE North 89 degrees 08 minutes 28 seconds West (deed
record per Volume 566, Page 459 = North 89 degrees 09 minutes 09
seconds West, 2467. 57 feet) (Record of Survey No. 2499 = North 89
degrees 09 minutes 09 seconds West , 2468.00 feet to a 3/4 inch
G. I . Pipe) for a distance of 2467.94 'feet to a point that%nears
South 00 degrees 11 minutes 32 seconds West (Document No. 66-08244
and Record of Survey No. 2499 = South 00 degrees 10 minutes 30
seconds West, 246.97 feet) for. a distance of 246.97 feet from a
found 5/8 inch iron rod situated at the Northwest corner of Tract
' D' , as set forth in Document No. 66-08244 of the Official Records
of Jackson County , Oregon ;
THENCE South e5 degrees 54 minutes 12 seconds West (deed
record per Volume 566, Page 459 and Survey Record No. 2499 = South
85 degrees 53 minutes 10 seconds West, 40. 57 feet) for a distance
of 40 . 57 feet;
THENCE North 89 degrees 48 minutes 28 seconds West (deed
record per Volume 566, Page 459 and Record of Survey No. - 2499 =
North 8.9 degrees 49 minutes 30 seconds West, 209.98 feet ) . for a
distance of 209.98 feet to the beginning of that Boundary Line by
Agreement as set forth in Volume 566, Page 459 of the Deed Records
of Jackson County , Oregon ;
THENCE North 00 degrees 11 minutes 32 seconds East (deed
record per Volume 566, Page 459 and Record of Survey No. 2499 =
North 00 degrees 10 minutes 30 seconds East) along said Boundary
Line by Agreement for a distance of 200.00 feet to a' 5/8 x 24 inch
iron rod with Aluminum Cap marked : City of Ashland LS 759,
situated 230.0 feet Northerly of , when measured normal therefrom,
the section line common to Sections 11 and 14, said Township and
Range, said iron rod being the TRUE POINT OF BEGINNING;
THENCE continuing North 00 degrees it minutes 32 seconds East
(deed record per Volume 566, , Page 459 and Record of Survey No.
2499 = North 00 degrees 10 minutes 30 seconds East ) along said
Boundary Line by Agreement for a "distance of 50.00 feet to a
point, from which a previously found 5/8 inch iron rod set in the
'execution of. Recorded Survey No. 2499, bears South e9 degrees 4e
minutes 28 seconds East (deed record per Volume 566, Page 459 =
South 89 degrees 49 minutes 30 seconds East, 50.00 feet ) for a
distance of 50.03 feet :
THENCE South e9 dearees 4e minutes 28 seconds East ( deed
record South e9 degrees 49 minutes 30 seconds East , 250. 44 feet )
for a distance of 250.44 fee*_ to a found 5/e inch iron rod shown
on Record of Surveys No . 2499 and 9811 and beino situated at the
Northwest corner of that lend set forth as Tract ' D " in Document_
No. -0° 44 .�f ±hc- Official . .- __r- —: Ore.,en :
CXI-IIBIT ' P. '
ORDINANCE NO.
AN ORDINANCE WITHDRAWING RECENTLY ANNEXED PROPERTY FROM
THE JACKSON COUNTY FIRE DISTRICT NO. 5 AND ZONING IT
E-1, RETAIL COMMERCIAL (BRODEUR ANNEXATION).
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The land described in the attached Exhibit "A" has
been annexed to the City of Ashland by resolution adopted April
6, 1993 . A public hearing having been held as required by ORS
222 .524, this land is declared to be withdrawn from Jackson
County Fire District No. 5 pursuant to the provisions of ORS
222 . 111.
SECTION 3 . The City of Ashland elects to pay the bonds of the
special districts pursuant to the provisions of ORS .
222 . 520 (2) (b) . �-
SECTION 4. The Ashland Comprehensive Plan map designates this
property for zoning as E-1, Employment and the property is
therefor zoned as E-1, Employment.
The foregoing ordinance was first read on the day of
1993, and duly PASSED and ADOPTED this
day of , 1993 .
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of , 1993 .
Catherine M. Golden
Mayor
Reviewed as to form:
Paul Nolte
City Attorney
PAGE 1-ORDINANCE (p:md\brodwr.orm
RESOLUTION NO. 93-
A RESOLUTION ANNEXING A CONTIGUOUS AREA TO THE CITY OF
ASHLAND (BRODEUR ANNEXATION) .
RECITALS:
A. The city has received written consent to annexation by the
owner of the land described below, and
B. Based on the findings attached to this resolution,
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The land described in the attached Exhibit "A" , is
contiguous to the City of Ashland and is located in Jackson
County, Oregon, and is proclaimed to be annexed to the City of
Ashland as provided in ORS 222 . 125.
The foregoing resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the City of Ashland on the
day of , 1993 .
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of , 1993 .
Catherine M. Golden, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
PAGE 1-ANNEXATION RESOLUTION (p:orMbrodn .RM)
EXHIBIT ' A'
A N N E X A T I O N D E S C R I P T I O N
Commencing at the section corner common to Sections 11 , 12,
13 and 14 , Township 39 South. Range 1 East of the Willamette Base
and Meridian , Jackson County , Oregon ;
THENCE North 89 degrees 08 minutes 28 seconds West (deed
record per Volume 566, Page 459 = North 89 degrees 09 minutes 09
seconds West , 2467 . 57 feet) (Record of Survey No. 2499 = North 89
degrees 09 minutes 09 seconds West, 2468.00 feet to a 3/4 inch
G. I . Pipe ) for a distance of 2467 .94 feet to a point that bears
South 00 degrees 11 minutes 32 seconds West ( Document No.``66-08244
and Record of Survey No. 2499 = South 00 degrees 10 minutes 30
seconds West, 246.97 feet ) for. a distance. of 246.97 feet from a
found 5/8 inch iron rod situated at the Northwest corner of Tract
' D' , as set forth in Document No. 66-08244 of the Official Records
of Jackson County , Oregon ;
THENCE South 85 degrees 54 minutes 12 seconds West (deed
record per Volume 566, Page 459 and Survey Record No. "2499 = South
85 degrees 53 minutes 10 seconds West , 40. 57 feet) for a distance
of 40.57 feet ;
THENCE North E39 degrees 4e minutes 28 second=_ West (deed
record per Volume 566, Page 459 and Record of Survey No. 2499 =
North 89 degrees 49 minutes 30 seconds West, 209.98 feet) for a
distance of 209.98 feet to the beginning of that Boundary Line by
Agreement as set forth in Volume 566, Page 459 of the Deed Records
of Jackson County , Oregon;
THENCE North 00 degrees 11 minutes 32 seconds East (deed
record per Volume 566, Page 459 and Record of Survey No. 2499 =
North 00 degrees 10 minutes 30 seconds East ) along said Boundary
Line by Agreement for a distance of 200.00 feet to a 5/8 x 24 inch
iron rod with Aluminum Cap marked : City of Ashland LS 759,
situated 230.0 feet Northerly of , when measured normal therefrom,
the section line common to Sections 11 and 14, said Township and
Range, said iron rod being the TRUE POINT OF BEGINNING;
THENCE continuing North 00 degrees 11 minutes 32 seconds East
(deed record per Volume 566, Page 459 and Record of Survey No.
2499 = North 00 degrees 10 minutes 30 seconds East) along said
Boundary Line by Agreement for a distance of 50.00 feet to a
point , from which a previously found 5/8 inch iron rod set. in the
execution of Recorded Survey No. 2499, bears South e9 degrees 4e
minutes 28 seconds East (deed record per Volume 566 . Page 459 =
South 89 degrees 49 minutes 30 seconds East . 50.00 feet ) for a
distance of 50.03 feet;
THENCE South 69 degrees 48 minutes 28 seconos East ( deed
record South 89 degrees 49 minutes 30 seconds East . 250 . 44 feet )
for a distance of 250. 44 feet_ to a found 5/8 inch iron rod shown
on Record of Survey=_ No. 2499 and 9811 and het^ __ __ar_ed at the
Northwest cor^er of that land _=t forte Document
No . -np2 - _ =
CXHIBIT ' A '
EXHIBIT ' A'
A N N E X A T I O N D E S C R I P T I O N
Page 2
THENCE 'South 00 degrees 11 minutes 32 seconds West (deed
record per Document No. 66-08244 and Record of Survey No. 2499 =
South 00 degrees 10 minutes 30 seconds West ) for a distance of
49. 595 feet to a 5/8 x 24 inch iron rod with Aluminium Cap marked :
City of Ashland LS 759, said iron rod being situated 230.0 feet
Northerly of , when measured normal therefrom , the section ,line
common to Sections 11 and 14 , said Township and Range;
THENCE North 89 degrees 53 minutes 55 seconds West, parallel
with and 230.0 feet Northerly of , when measured normal therefrom,
said section line, for a distance of 198. 54 feet to a point which
bears North 05 degrees 58 minutes 07 seconds West for a distance
of 27. 45 feet from a REFERENCE MONUMENT being a 5/8 x 24 inch iron
rod with Aluminum Cap marked : City of Ashland REF.o MON. LS 759;
THENCE North 89 degrees 54 minutes 07 seconds West parallel
with and 230.0 feet Northerly of , when measured normal therefrom,
said section line, for a .distance of 51 .90 feet to the point of
beginning . Containing 12471 square feet, more or less .
EXHIBIT. ' A'
City of Ashland March 30, 1993
City Hall REGIS TER ED
Ashland , Oregon 97520 PROFESSIONAL ref : C92T22. 1eg
LAN7D�SURVEYOR
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BEFORE THE CITY COUNCIL FOR THE CITY OF ASHLAND
JACKSON COUNTY, OREGON
In the matter of a request for ) Planning Action
annexation to the City of Ashland. ) 92-122
Applicant: Brodeur & Brodeur, Inc. ) FINDINGS, CONCLUSIONS
(Knight's Inn) ) AND
FINAL DECISION
--------------------------------------------------------
1. NATURE OF THE APPLICATION
The Ashland City Council, following proper public notice, held a
public hearing on December 15, 1992 at which time testimony was
received and exhibits were presented. The council approved all
requests submitted.
2. APPROVAL CRITERIA AND FINDINGS
2. 1. The criteria for approval of an annexation are found
in 18. 108 and are as follows:
1 . That the land is within the City's Urban Growth
Boundary.
This property is indicated in the City's Comprehensive
Plan as being within the urban growth boundary.
2 . That the proposed zoning and project are in
conformance with the City's Comprehensive Plan.
The proposed zoning is E-1, conforming with the
Comprehensive Plan, and the existing use - motel - is a
previously approved use allowed by the city.
3 . That the land is currently contiguous with the present
City limits.
The land is abutting the city limits on two sides of
the property.
4 . That adequate City facilities for water, sewer, paved
access to and through the development, electricity, urban
storm drainage, and adequate transportation can and will be
provided to and through the subject property.
Water and sewer mains are available in Highway 66, and,
according to the City' Water Quality Division, have
adequate capacity of for the proposed uses. Highway 66
is a fully improved state highway accessing the front
of the property: Adequate electricity can be provided
to the site, as indicated by the City's electric
division. Storm drainage can be accommodated through
PAGE 1-FINDINGS (p:pknning%rodcur.Fnd)
the use of the existing storm drain system.
Transportation can be provided to the site by Highway
66, an improved state highway.
5. That a public need for additional land; as defined in
the City's Comprehensive Plan, can be demonstrated; or
Not applicable to this request.
a. that the proposed lot or lots shall be
residentially zoned under the City's Comprehensive Plan
and that the applicant has agreed to provide 25% of the
proposed residential units at affordable levels, in
accord with the standards established by resolution of
the Ashland City Council . Such agreement to be filed
as part of the initial application and completed and
accepted by all parties prior to the final adoption of
the ordinance annexing the property; or
Not applicable to this request.
b. that the proposed lot or lots will be zoned E-1
under the City's Comprehensive Plan, and that the
applicant will obtain Site Review approval for an
outright permitted use, or special permitted use
concurrent with the annexation request or within one
year of the annexation hearing and prior to the final
adoption of the ordinance annexing the property.
Failure to obtain subsequent, site review approval shall
invalidate any previous annexation approval; or
This land has a comprehensive plan designation of
Employment, which allows for an E-1 zoning when
annexed. Further, the applicant is not requesting
any further approvals as part of this annexation,
but rather to continue the use of the site as
currently developed in the county, which is a
commercial use already approved by the City.
C. that a current or probable public health hazard
exists due to lack of full City sanitary sewer or water
services; or
Not applicable to this request.
d. that the existing development in the County has
inadequate water or sanitary sewer service; or the
service will become inadequate within one year; or
Not applicable to this request.
e. that the area proposed for annexation has existing
City of Ashland water or sanitary sewer service
extended, connected, and in use, and a signed "consent
PAGE 2-FINDINGS, CONCLUSIONS AND DECISIONS (p:phnning\biodwr.fnm
to annexation" agreement has been filed and accepted by
the City of Ashland; or
Not applicable to this request.
f. that the lot or lots proposed for annexation are
an "island" completely surrounded by lands within the
city limits.
Not applicable to this request.
3. EXHIBITS. All matters of record for this application,
including previous hearings conducted before the Ashland Planning
Commission, are incorporated by this reference.
The council concludes that annexation of this ,property to the
City of Ashland is a public need, supported by the comprehensive
plan.
9. DECISION. Based on the entire record and testimony received
on these matters, the council decides that the request for
annexation is approved.
Approved and adopted by the city council on April 6, 1993 .
Mayor
Attest-City Recorder
PAGE 3-FINDINGS, CONCLUSIONS AND DECISIONS (p:Punaingwmmwr.frA
RESOLUTION NO. 93-
A RESOLUTION SETTING A PUBLIC HEARING FOR ASSESSMENTS
TO BE CHARGED AGAINST LOTS WITHIN THE TOLMAN CREEK ROAD
ASSESSMENT DISTRICT No. 65 AND WITHIN ASHLAND LOOP ROAD
ASSESSMENT DISTRICT No. 65.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The council having received proposed assessments to
be charged against each lot within the Tolman Creek Road
Assessment District and the Ashland Loop Road Assessment District
orders that a public hearing be held to consider written
objections to these assessments at 7: 30 p.m. , .April 20, 1993, in
the City of Ashland Council Chambers. The City Recorder is
directed to mail the attached notice of the proposed assessments
to the owners of the lots to be assessed. F
The foregoing resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the City of Ashland on the
day of , 1993 .
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of , 1993 .
Catherine M. Golden, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
(p:or&to1-fid.rm)
NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS
TO PROPOSED ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN
THE TOLMAN CREEK ROAD ASSESSMENT DISTRICT No. 65 AND WITHIN
THE ASHLAND LOOP ROAD ASSESSMENT DISTRICT No. 65 .
Please take notice that the Ashland City Council will hold a
public hearing to consider written objections to the proposed
assessments for the assessment district described above. The
proposed assessments, a description (by map and tax lot) of the
property to be assessed and the name of the property owner are
attached to this notice.
The public hearing will be held at:
7: 30 p.m. , April 20, 1993
Council Chamber
1175 East Main Street
Ashland, Oregon 97520
The Ashland Municipal Code requires that any objections that are
filed must be in writing and must state the specific grounds for
the objection.
Objections must be received by:
5: 00 p.m. , April 20, 1993 ,
and may be delivered or mailed to the:
City Administrator
20 East Main Street
Ashland, Oregon 97520
Please note that assessments may be modified by the council and
will be levied by the council after the hearing, will be charged
against the property, and will be immediately payable in full or
in installments (if applicable) following the levy.
Nan Franklin, City Recorder
(p:ordUol-ed.m)
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GREGG�
26 March 1993
Jill Turner, Nan Franklin, Brian Almquist, Steve Hall
CHID:
rum: James H. Olson, Assistant City Engineer `Q
1t�ljEtf: Ashland Loop Road Assessment District No. 65
Ordinance No. 2570 authorized and ordered the improvement of Ashland Loop Road from
Viewpointe Terrace Subdivision easterly to the existing pavement, re-construction of the-intersection of
Ashland Loop Road and Morton Street and the southerly 100 foot extension of Ashland Loop Road. This
work has been completed and, along with the Tolman Creek Road Improvement, will constitute Assessment
District No. 65.
The final assessable costs for the Ashland Loop Road Improvement Project are as follows:
1. Final Contract Cost (Southern Oregon Underground) _ $ 65,449.96
2. Engineering Costs (Marquess & Associates) _ $ 7,900.00
3. Advertisement (Daily Journal of Commerce) = 153.75
4. Warrant, Interest = $1,258.30
5. Interim Interest through --
09/30/92 (actual) _ $ 233.00
12/31/92 (actual) _ $ 656.00
08/31/93 (estimate) _ $ 932.50
05/06/93 (estimate) = 378.20
TOTAL = $ 76,961.71
The assessment district is comprised solely of one tax lot being.39-lE-16BA-1701 and is owned by
Douglass A. and Rebecca Neuman, 4240 Clayton Road, Ashland OR 97520 as shown below:
Map No. Tax Lot Total Assessment Owner/Address
394E-16BA 1701 $76,961.71 Neuman, Douglass A. and Rebecca -
4240 Clayton Rd., Ashland OR 97520
.of asAI, ti
ORFGOd
25 March 1993
riaTII: Jill Turner, Nan Franklin, Brian Almquist, Steve Hall
rum: James H. Olson, Assistant City Engineer
,$)Abject: Tolman Creek Road Assessment District No..65
The final assessable costs for the Tolman Creek Road Improvement Project No. 91-21
are as follows:
A. CONSTRUCTION COSTS
1. Final contract cost (L.T.M. Inc.) $356,644.03
2. Extra work (Picollo Concrete Construction) 345.00
3. Bid advertisement (Tidings) 260.82
(Daily Journal of Commerce) 148.50
(Mail Tribune) 153.00
4. Engineering (Blanton Engineering) 22,689.72
5. Property damage (Z. Brombacher) 537.00
Total Construction Costs = $380,778.07
B. BOND INTEREST $6,410.00
C. LESS COUNTY PARTICIPATION - $78,864.
D. .TOTAL ASSESSABLE COSTS 308 324.07
The originally estimated cost for this construction was $226,656.00. Since the
construction bid was over 10 percent above the estimate, it was determined that the contract
be awarded and that the City assume all costs over and above $249,322.00 (10% over the
estimated cost). (See 28 May 1992 memo from Steve Hall) By prior agreement, the
following costs are applicable:
A. Amount to be Assessed = $249,322.00
B. Amount of Overage (By City) - _ $59,002.00
The total assessable footage is 3,815.73 feet. The base rate of assessment is
$249,322.00 - 3,815.73 feet = $65.34 per foot.
Two adjustments are required in this base rate. The first, as required by Council,
provides for a credit to.residential lots based upon the difference in construction costs
between a residential street and a collector street. The second adjustment is a credit to
Albertson's for curb and sidewalk which they installed and paid for. The adjustments are
referred to as Adjustments No. 1 and No. 2 respectively in the following formulas.
ASSESSMENT ADJUSTMENTS
1. Adjustment No. 1
.This adjustment to be applied as a credit to'residential properties (11C-1200,
11C-1300, 11C-1400, and 11C-90,000) and a debit to commercial lots (all
other lots). This adjustment represents the difference between a standard
residential street width of 36 feet and a commercial/industrial width of 40 feet,
being 4 feet. This cost to be for excavation and base rock only. The cost of
the retaining wall will also be deleted from the residential lots. Computation
of adjustment is as shown below:
The difference between a residential street and a collector (Tolman
Creek Road) is as follows:
Base Rock - residential - 6 inches; collector - 14 inches = 8 inches difference.
Excavation - residential - 4 inches (avg.); collector - 10 inches = 6 inches difference.
A. ROCK BASE
1. Base = .67' x 4.0' x 871.70' = 2,336.16 C.F.
2,336.16 C.F. - 27 = 86.52 C.Y.
86.52 C.Y. x 1.408 = 121.82 Tons
2. Cost = 121.82 Tons x $13.00/T = $1,583.66
B. EXCAVATION
1. Quantity = 0.5' x 2.0' x 871.70' = 871.7 C.F.
= 871.7 C.F. _ 27 = 32.28 C.Y.
2. Cost = 32.28 C.Y. x $6.25 = $201.75
C. RETAINING WALL
1. Cost = $7,175.00
TOTAL COST OF ADJUSTMENT NO.. 1 = $8,960.41
The above credit of$8,960.41 will be applied to lots IIC-1200, 11C-1300, 11C-
1400, and 11C-90,000 which comprise 871.70 feet of frontage. The rate per foot for this
credit is ($8,960.41 _ 871.70 feet) - $10.28 per foot. To fund this credit, the remaining
lots (2,944.03 feet) will be assessed the additional $8,960.41 which amounts to $3.04 per
foot.
25 March M-Page 2
Tolman Creek Road As¢aamat Muria No.65 -
2. Adjustment No. 2
This adjustment to be applied as a credit to Albertson's for sidewalk, and curb
and gutter construction which was completed outside the L.I.D., and was paid
for by the developers. The amount of adjustment is based upon the bid price
for constructing, curb and gutter ($5.50/ft.) and the bid price for constructing
5 foot wide concrete sidewalk ($17.00/S.Y.)
The cost and amount of adjustment is as follows:
A. CURB AND GUTTER
610 L.F. at $5.50/L.F. _ $3,355.00
B. SIDEWALK
616 ft. x 5 ft. _ 9 = 342.22 S.Y.
Less Catch Basins
3 ft. x3 ft. x2 - 9' = -2.00S.Y.
Total = $340.22 S.Y.
Cost = 340.22 S.Y. at $17.00/S.Y. $5,783.74
Total = $9,138.74
C. RATE OF ADJUSTMENT
1. For lot I IC-600
$9,138.74 _ 616.12 ft. _ $14.83/ft.
2. For all other lots
$9,138.74 _ 3,199.61 ft. _ +$2.86/ft.
Attached are the final assessment rates and ownership list for all lots within the
district.
Can this information be presented to the Council on 6 April 1993 so that the final
hearing can be held on 20 April 1993?
25 Mach 1993-Page 3
Toknan Creek Road Aanmteot District No.65
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29 May 1992
II' Brian Almquist, Steve Hall, Jill Turner
�XIITTi. James H. Olson, Assistant City Engineer
u�jpt#• Tolman Creek Road - Revised Assessment Rates
Resolution No. 91-31 and the subsequent Notice of Public
Hearing specified the estimated cost of the Tolman Creek Road
Improvement to be $226, 656.00 or $58 .00 per frontage foot..
Following council mandated adjustments in the method of easement, ..
two differing rates were computed:
a) $38.40 per foot for tax .lots 39-1E-11C, 1200, 1300,
1400, and 90,000.
b) $63 .50 per foot for all remaining tax lots.
By applying the maximum amount of increase possible (lb%) to
each assessment the new rates would be:
a) $38.40 X 110%= $42 .24 / front foot
b) $63.50 X 110%= $69.85 / front foot
Funds generated by each of these two rates would be:
a) $42.24 per foot X 871.70 foot = $36,820. 61
b) $69.85 per foot X 2944. 03 foot = $205, 640.50
TOTAL $242 ,461. 11
The deficit to be made up by the City would be as follows:
a) Construction Costs $334,311.25
b) Engineering Costs $ 24,500.00
c) Administration Costs $ 5, 000. 00
TOTAL PROJECT COSTS . $363 ,811. 25
d) Less County Participation $ 78, 864.00-
e) Less L.Z.D. Participation S242,461. 11-
AMOUNT TO BE BORNE
BY THE CITY $ 42 , 486 . 14
Attached is a revised summary of the costs to be borne- by
each lot in the district.
i
TOLMAN CREEK ROAD IMPROVEMENT PROJECT NO. 91-21
PROPOSED COSTS PER LOT
May 29 , 1992
Cost
Map No. Lot No. Frontage Per Foot Total
39-1E-11C 600 616. 12 ' $69. 85 $43 ,035.98
39-1E-11C 900 187 .00! $69.85 $13, 061.95
39-1E-11C 1006 126.271 $69.85 $8, 819.96
39-1E-11C 1101 236.521 $69.85 $16,520.92
39-1E-11C 1200 330.34' - $42.24 $13 ,953 .56
39-1E-11C 1300&1400 446.741 - $42.24 $18,870.30
39-1E-11C 90, 000 94. 621 - $42.24 $3,996.75
39-1E-14B 400 374.33 ' $69.85 $26,146.95
39-1E-14B 401 251.421 $69.85 $17,561.69
39-lE-14B 402 150.00' $69.85 $10,477.50
39-1E-14B 500 169. 601 $69.85 $11,846:56
39-1E-14B 702 97.381 $69.85 $6,801.99
39-1E-14B 706 464.501 $69.85 $32,445.32
39-1E-14B 707 270.891 $69 .85 $18,921.67
Grand
Total 3,115:731 $242,461.11
0, of ASO
Pmv� ranr� um
'•.0*EGOa .'
�J� May 28, 1992
�Gl L1:
Brian Almquist, City Administrator
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Steven Hall, Public Works Director �l.M�
�VV
Bid. Award-Tolman Creek Road LID
ACTION REQUESTED
City Council:
1. Award contract to L.T.M. Incorporated in the amount of
$334 , 311.25.
2. City Council authorize expenditures from the Assessment
Construction Fund set aside for participation in LID's in
the 1991-1992 budget and the 1992-1993 budget.
BACKGROUND ;
The City Council formed the Tolman Creek Road LID with Ordinance
2647, approved September 19, 1991.
The City retained Blanton Engineering to design the project.
During the soils investigation, it was found that there. was
inadequate granular base under some of the existing asphalt.
Because of that information, additional excavation and backfill
had to be included in the project. The estimate of the .
additional work was $60,000. The actual difference between the
original project estimate and actual cost is $59,291.25.
The following is a summary of the LID estimate and current costs:
------------------------------------------
ITEM ORIGINAL REVISED
ESTIMATE COST
------------------------------------------
Construction $267,744 $334, 311. 25
County Funds $<67, 320> $<78,864 .00>
Administration $ 5,000 $ 5, 000.00
Engineering $ 32,776 $ 24,500.00
-----------------------------------------
TOTALS $226, 656 $284, 947.25
Assessment $ 58/ft $ 74 . 68/ft
Percent Over Original Estimate = 20.5%
Bid Award-Tolman Creek Road LID
May 28, 1992
page 2
City Council policy is to review all projects which are 10% over
the original estimate.
The 1991-1992 and 1992-1993 budgets contain a transfer of $20,000
from the Street Fund for City participation in local improvement
districts where additional width or depth of pavement is required
to construct a road in accordance with zoning standards.
Staff recommends approval of the following:
1. City Council establish a maximum assessment of lO% over
the original amount set in preliminary assessment roll
hearing, or $63.80 per foot of assessable property with
the adjustments approved at the preliminary assessment .
roll hearing.
2 . City Council authorize expenditure of $20,000 in the
1991-1992 budget Assessment Construction Fund and not
more than $20,000 from the 1992-1993 budget Assessment
Construction Fund.
The attached memorandum from Jim Olson will be revised and may
not be included with this packet. We will attempt to have the
revised memorandum delivered to you either Friday or Monday.
SNH:rm\To1=nRdA 10
cc: Jim Olson, Assistant City Engineer
Jill Turner, Finance Director
encl: Olson Memo
+'oF x;410 memorandum
�4fGGa
26 March 1993
Jill Turner, Nan Franklin, Brian Almquist, Steve Hall
rem: James H. Olson, Assistant City Engineer
,�$1tbjPrt: Ashland Loop Road Assessment District No. 65
Ordinance No. 2570 authorized and ordered the improvement of Ashland Loop Road from
Viewpointe Terrace Subdivision easterly to the existing pavement, re-construction of the intersection of
Ashland Loop Road and Morton Street and the southerly 100 foot extension of Ashland Loop Road. This
work has been completed and, along with the Tolman Creek Road Improvement, will constitute Assessment
District No. 65.
The final assessable costs for the Ashland Loop Road Improvement Project are as follows:
1. Final Contract Cost (Southern Oregon Underground) _ $ 65,449.96
2. Engineering Costs (Marquess & Associates) _ $ 7,900.00
3. Advertisement (Daily Journal of Commerce) = 153.75
4. Warrant, Interest $1,258.30
5. Interim Interest through --
09/30/92 (actual) _ $ 233.00
12/31/92 (actual) _ $ 656.00
08/31/93 (estimate) _ $ 932.50
05/06/93 (estimate) = 378.20
TOTAL _
— $ 76,961.71
The assessment district is comprised solely of one tax lot being 39-1E-16BA-1701 and is owned by
Douglass A. and Rebecca Neuman, 4240 Clayton Road, Ashland OR 97520 as shown below:
Map No. Tax Lot Total Assessment Owner/Address
39-1E-16BA 1701 $76,961.71 Neuman, Douglass A. and Rebecca -
4240 Clayton Rd., Ashland OR 97520
Can this assessment be presented to the Council along with the Tolman Creek Road Improvement on
6 April 1993?
I
Attachments: letter from Douglass Neuman
Erb-progren-payment
JHO:nlashloop.amt -
Doug Neuman
December 3, 1990
Mr. Jim Olson
City Hall
Ashland, OR 97520
Dear Jim:
This letter serves as a notice that Douglass Neuman, owner
of land on Ashland Loop Road, Tax Lot 1701, is going to bear the
entire assessment for the paving of Ashland Loop Road. Neuman's
land along Tax Lot 1701 Ashland Loop Road will benefit from the
improvements made. Any lots fronting the Ashland Loop Road owned
by David Lewis are not liable for an assessment for the paving.
Sincerely,
Douglas Neuman
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, REITERATING
ITS POLICY OF RELATING THE EXPENDITURES OF FUNDS FOR ECONOMIC
DEVELOPMENT TO THE HOTEL/MOTEL (TRANSIENT OCCUPANCY) TAX.
RECITALS:
A. The maintenance and development of tourism is directly
interrelated to the health of the entertainment, food, and
lodging industries in Ashland.
B. In 1979, a formula was implemented which allocated a percentage
of the Hotel/Motel Tax revenues to promote and enhance tourism
and other economic development strategies.
C. The Citizens Budget Committee and City Council have determined
that funding for economic development activities should
henceforth be tied to the annual growth or reduction of current
general fund revenues.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the Council hereby restates its recognition that the
source of funding for economic development activities continues to be .
the Hotel/Motel Tax.
SECTION 2 . That the Council is committed to maintaining its historic
support for economic development activities as a whole, but cannot
limit the Citizens Budget Committee or future City Councils to
specific appropriations for programs which have been funded in the
past.
The foregoing Resolution was READ by title only and DULY ADOPTED at a
regular meeting of the City Council of the City of Ashland on the
day of , 1993 .
Nan- E. Franklin
City Recorder
SIGNED and APPROVED this day of , 1993 .
Catherine M. Golden
Mayor
Approved as to form:
Paul Nolte
City Attorney .
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I certify the votes recorded on this abstract correctly Signature of county clerk Date of abstract
summarize the tally of votes cast at the election
indicated.
3 -aa -9
ABSTRACT OF VOTES AT GENERAL AND ABSTRA OF V6kES AT PRIMARY ELECTIONS
SPECIAL ELECTIONS
Separate sheets for Democratic, Republican, Nonpartisan and other
Votes cast for governor must be on separate candidates.
page or pages.
Separate sheets for candidates for city,county (including precinct)and state
offices.
RESOLUTION NO. 93-
A RESOLUTION DECLARING THE CANVASS OF THE VOTE AT THE ELECTION
HELD IN AND FOR THE CITY OF ASHLAND, OREGON ON MARCH 23 , 1993 .
WHEREAS, the City Council of the City of Ashland met on the 6th day of
April, 1993 at the Civic Center of said City and proceeded to canvass
the vote cast at the Election held in and for said City of Ashland on
the 23rd day of March, 1993 ; and
WHEREAS, the said Council has canvassed the said vote and has
determined the number of votes for the measure as follows:
MEASURE 15-1
Tax on prepared food and beverages sold Yes 3658
in restaurants. No 2920
NOW, THEREFORE, be it resolved by the City Council of the City of
Ashland, as follows:
SECTION 1 . Measure 15-1 , which provided for a tax on prepared food
and beverages sold in restaurants, is hereby declared to have passed.
The foregoing Resolution was READ BY TITLE ONLY and DULY ADOPTED at a
regular meeting of the City Council of the City of Ashland on the 6th
day of April, 1993 .
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of 1993 .
Catherine M. Golden
Mayor
PROCLAMATION
I, Catherine M. Golden, Mayor of the City of Ashland, Oregon, do
proclaim that at the election held in the City of Ashland, Oregon on
the 23rd day of April , 1993 , there was submitted to the voters 1
measure relating to a tax on prepared food and beverages sold in
restaurants which did pass.
Dated at Ashland, Oregon on this day of April, 1993 .
Catherine M. Golden
Mayor
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I certify the votes recorded on this abstract correctly Signature of county clerk Date of abstract
summarize the tally of votes cast at the election
Indicated. -
3•a�-9
ABSTRACT OF VOTES AT GENERAL AND ABSTRAe OF V&ES AT PRIMARY ELECTIONS
SPECIAL ELECTIONS
Separate sheets for Democratic,Republican,Nonpartisan and other
Votes cast for governor must be on separate candidates.
page or pages.
Separate sheets for candidates for city,county(including precinct)and state
offices.
AGREEMENT TO ANNEX AND Ru)rLEASE OF CLAIMS
Agreement made this day of 0,4 X1993, between the City of Ashland
(City) and Brodeur and Brodeur, Inc., an Oregon corporation (Brodeur).
Recitals:
A. Brodeur is the owner of property described on the attached Exhibit A. This
property is improved with most, but not all, of the motel units of the Ashland Knight's
Inn at 2359 Highway 66, Ashland, Oregon.
B. City and Brodeur recently discovered that the property lies just outside the City
boundary. For years the property has been taxed, transient occupancy taxes have
been collected and City services have been provided as if the property were within the
City.
C. City and Brodeur enter into this agreement to resolve the numerous problems
created by the property being outside the city boundary.
For the mutual considerations described below, City and Brodeur agree:
1. Release of claims:
1.1. Each party releases the other from any claims regarding:
1.1.1. Property taxes: The collection or receipt of property taxes
assessed against the property.
1.1.2. Sewer services: Increased rates due for the provision of sewer
services outside the City.
1.1.3. Water services: Increased rates due for the provision of sewer
services outside the City.
1.2. Transient occupancy tax: Brodeur releases and forever discharges the
City of Ashland, its officers, agents, employees, and representatives from any and all
claims, including claims for transient occupancy taxes collected and paid in the
amount of $54,923.53 or otherwise, arising in any manner from the location of certain
motel units at the Ashland Knight's Inn located outside the City of Ashland. -Nothing in
this agreement, however, shall be interpreted as precluding the City from examining
books and records of Brodeur or otherwise enforcing the provisions of Ashland
Municipal Code Chapter 4.24 (Transient Occupancy Tax) for that portion of the
Ashland Knight's Inn within the city.
Disputed claims -it is further understood that this is a compromise of
disputed claims, and that the paymen and considerations set forth below are.not to
PAE 1AtNIJ4L RELEASE(p agree\brodeur.x)
be construed as an admission of liability on the part of any of the parties released by
this agreement, all of whom expressly deny liability.
2. Consideration by Brodeur - Consent to annexation: Brodeur declares and agrees
that the property described in Exhibit A shall be held, sold, and conveyed subject to
the following covenants, conditions and restrictions, which shall constitute covenants
running with the land and shall be binding on all parties having any right, title or
interest in the property or any part, their heirs, successors and assigns:
2.1. Whenever a proposal to annex the property is initiated by the City of
Ashland or otherwise, Brodeur shall consent and does consent to the annexation of
the property to the City of Ashland. Brodeur agrees this consent to annexation is
irrevocable.
2.2. Upon annexation of the property to the City, Brodeur shall collect the
transient occupancy tax derived from the property as provided in Ashland Municipal
Code Chapter 4.24. Also, upon annexation Brodeur shall pay to City the sum of
$1,330.06 for transient occupancy taxes due for the quarter ending December 31,
1992, for that portion of the Knight's Inn Motel within the City. City hereby waives
any and all interest or penalties for the quarter ending December 31 ,
2.3. Non conforming conditions on the property relating to the Ashland Land 1992.
Use Ordinance (Ashland Municipal Code Title 18) including the Sign Ordinance of the
City of Ashland (Ashland Municipal Code Chapter 18.96) shall not be required to be
brought into conformance with those ordinances.at the time of annexation.
Subsequent development or activity on the property requiring approval, permit, site
review or other action under these ordinances shall be subject to the requirements of
these ordinances.
3. Consideration by City: City agrees to pay to Brodeur the sum of $21,930 .06 as
consideration for this agreement. Such sum shall be due and payable upon the
annexation of the property to the City.
Brodeur and Brodeur, Inc. City of Ashland
By: By:
Its:
By:
Its:
4. , The City shall place the ordinance annexing the property on the
April 6, 1993 City Council agenda for the first reading, and on the
April 20, 1993 City Council agenda for the second and final reading,
at which tiine_. the .ordinance annexing the property shall be adopted.
PAGE 2-MUTUPL. RELEASE(pcagree\brodeur.x)
EXHIBIT 'A"
A N N E X A T I O N D E S C R I P T I O N
Commencing at the section corner common to Sections 11 , 12 ,
13 and 14, Township 39 South, Range 1 East of the Willamette Base
and Meridian , Jackson County , Oregon ;
THENCE North e9 degrees 08 minutes 28 seconds West (deed
record per Volume 566, Page 459 = North 89 degrees 09 minutes 09
seconds West, 2467.57 feet) (Record of Survey No. 2499 = North 89
degrees 09 minutes 09 seconds West, 2468.00 feet to a 3/4 inch
G. I . Pipe) for a distance of 2467. 94 'feet to a point that bears
South 00 degrees 11 minutes 32 seconds West ( Document No. 66-08244
and Record of Survey No. 2499 = South 00 degrees 10 minutes 30
seconds West, 246.97 feet) for. a distance of 246.97 feet from a
found 5/8 inch iron rod situated at the Northwest corner of Tract
' D ' , as set forth in Document No. 66-08244 of the Official Records
of Jackson County , Oregon ;
THENCE South 85 degrees 54 minutes 12 seconds West (deed
record per Volume 566, Page 459 and Survey Record No. 2499 = South
85 degrees 53 minutes 10 seconds West , 40. 57 fleet) for a distance
of 40. 57 feet ;
THENCE North 89 degrees 48 minutes 28 second=_ West (deed
record per Volume 566, Page 459 and Record of Survey No. 2499 =
North 89 degrees 49 minutes 30 seconds West , 209.98 feet ) for a
distance of 209 .98 feet to the beginning of that Boundary Line by
Agreement as set forth in Volume 566, Page 459 of the Deed Records
of Jackson County , Oregon ;
THENCE North 00 degrees 11 minutes 32 seconds East (deed
record per Volume 566, Page 459 and Record of Survey No. 2499 =
North 00 degrees .10 minutes 30 seconds East) along said Boundary
Line by Agreement for a distance of 200.00 fleet to a 5/8 x 24 inch
iron rod with Aluminum Cap marked : City of Ashland LS 759,
situated 230.0 feet Northerly of , when measured normal therefrom ,
the section line common to Sections it and 14 , said Township and
Range, said iron rod being the TRUE POINT OF BEGINNING;
THENCE continuing North 00 degrees 11 minutes 32 seconds East
(deed record per Volume 566, Page 459 and Record of Survey No.
2499 = North 00 degrees 10 minutes 30 seconds East ) along said
Boundary Line by Agreement for a distance of 50.00 feet to a
point, from which a previously found 5/8 inch iron rod set in the '
execution of Recorded Survey No. 2499 , bears South 89 decrees 46
minutes 28 seconds East (deed record per Volume 566. Page 459 =
South e9 decrees 49 minutes 30 seconds East . 50. 00 feet ) for a
distance of 50.03 feet ;
THENCE South e9' deorees 4e minutes 26 seconds East ( deed
record South 89 degrees 49 minutes 30 seconds Eas*_ . 250 . 44 rt ;
for a distance of 250 . 44 feet to a found 5/8 inch Iron __ _r.Go-,r
on Record of Surveys No. 2499 and 9B11 anc bein.c __ __atec^a- _M=
Northwest corner that land _et forth as _ in D•ccumen-
_rd-- C'. �_ n• , . . . .
EXI-1?91T ' A '
1
EXHIBIT ' A'
A N N E X A T I O N D E S C R I P T I O N
Page 2
THENCE South 00 degrees 11 minutes 32 seconds West (deed
record per Document No. 66-08244 and Record of Survey No. 2499 =
South 00 degrees 10 minutes 30 seconds West ) for a distance of
49. 595 feet to a 5/8 x 24 inch iron rod with Aluminium Cap marked :
City of Ashland LS 759, said iron rod being situated 230.0 feet
Northerly of , when measured normal. therefrom, the section line
common to Sections 11 and 14 , said Township and Range;
THENCE North 89 degrees 53 minutes 55 seconds West, parallel
with and 230.0 feet Northerly of , when measured normal therefrom,
said section line, for a distance of 198.54 feet to a point which
bears North 05 degrees .58 minutes 07 seconds West for a distance
of 27.45 feet from a REFERENCE MONUMENT being a 5/8 x 24 inch iron
rod with Aluminum Cap marked : City of Ashland REF.o MON. LS 759 :
THENCE North 89 degrees 54 minutes 07 seconds West parallel
with and 230.0 feet Northerly of , when measured normal therefrom,
said section line, for a distance of 51 .90 feet to the point of
beginning . Containing 12471 square feet, more or less .
EXHIBIT 'A'
City of Ashland March 30, 1993
City Hall RR GIsTH.RED
Ashland , Oregon 97520 PROMESSIONdAL ref : C92T22. leg
LAND SURVFYOR
O R E G O N
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