HomeMy WebLinkAbout1993-1019 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it
is the subject of a public hearing which has been closed. If you wish to speak, please rise and after
you have been recognized by the Chair, give your name and address. The Chair will then allow
you to speak and also inform you as to the amount of time allotted to you. The time granted will be
dependent to some extent on the nature of the item under discussion, the number of people who
wish to be heard, and the I n th of the a enda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
OCTOBER 19, 1993
I. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular Meeting of October 5, 1993.
IV. SPECIAL PRESENTATIONS & AWARDS:
1. Proclamation of the week of November 1-5, 1993 as "United Nations Awareness
Week".
2. Proclamation of the week of October 23-31 as "Red Ribbon Week".
3. Pedestrian Safety Award from American Automobile Association.
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions, and Committees.
2. Monthly Departmental Reports - September, 1993.
3. Request to cut pavement on Mountain Avenue to install new regulator station.
4. Authorization for Mayor and City Recorder to sign quitclaim deed to terminate
C storX m drain easement� �ne�ar Wal er Avenue each y Road.
VI. PUBLIC HEARINGS Lust conclude by 9:30 p.m.):
1. Approval of Comprehensive Housing Affordability Strategy as recommended by
the Task Force.
VII. NEW & MISCELLANEOUS BUSINESS:
1. Presentation of Fixed Facilities Study for future fire station locations.
VIII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to
3 min..per speaker and 15 min. total)
IX. ORDINANCES RESOLUTIONS & CONTRACTS:
r 1` Second reading by title only of an ordinance ratifying the creation of an
intergovernmental entity known as the Oregon Municipal Energy and
t}� Conservation Agency. 3,&k
J`\ , �'
93 3y ✓2. Reading by title only of a resolution "establishing affordable housing income
levels and rental and purchase cost levels and repealing resolution 91-32".
3. Reading by title only of "a new resolution of intention to provide for Sanitary
Sewer Improvements in Strawberry Lane from Ditchline Road westerly for
approximately 1350 feet.
X. OTHER BUSINESS FROM COUNCIL MEMBERS
XI. ADJOURNMENT
Reminder: Study session with Water and Sewer Rate Consultants at 7:30 p.m., Tuesday,
October 26, at Hunter Park Senior Program Building.)
MINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
OCTOBER 5, 1993
CALLED TO ORDER
Mayor Catherine M. Golden called the meeting to order and led the
pledge of allegiance at 7 : 30 p.m. in the Council Chambers.
Councilors Hauck, Acklin, Winthrop, and Arnold were present.
Councilor Laws arrived at 7 : 33 p.m.
APPROVAL OF MINUTES
Minutes of the Regular Meeting of September 21, 1993 •were
accepted as presented.
SPECIAL PRESENTATIONS E AWARDS
1. Proclamation of the week of October 3-9 as "Fire Prevention
Week".
2 . Proclamation of the week of October 25-30 as "Micro Brewery
Week".
3 . Proclamation of October as "Disability Awareness Month".
4. Proclamation of the week of November 1-8 as "Chamber Music
Concerts Week".
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2 . Monthly Departmental Reports - August, September, 1993.
3. City Administrator's Monthly Report - August, September,
1993 .
Arnold moved to approve consent agenda. ,Winthrop seconded. Voice
vote all AYES.
PUBLIC HEARINGS
1. Adoption of Wastewater Facilities Plan Addendum prepared by
Woodward-Clyde Consultants.
Director of Public Works Steve Hall reviewed staff recommendation
for Council to conduct public hearing to review addendum prepared
by Woodward-Clyde Consultants and, if approved, turn it over to
Brown and Caldwell for further development. John Davis, Woodward-
Clyde Consultants, presented their alternatives addendum. Robert
Gearheart, Ph.D. , Hydro Resources International, presented
information supporting soil treatment alternatives mentioned in
the addendum. Public Hearing opened at 9 : 15p.m. Gary Schrodt,
Ashland- Wetlands Coalition, presented questions and concerns
regarding the addendum and encouraged Council to consider soil'
treatment alternatives. Ron Roth, 6950 Eagle Mill Road, asked
soil treatment capacity figures and encouraged. Council to
consider soil treatment alternatives. Cecil Nicholson, 270 Morton
Street, previous WWTP Operator who offered tours of trickling
filter plant system and encouraged Council to consider this
alternative. Closed public hearing 9: 32 p.m. Councilor Laws
requested information from consultants and asked that the
consultants address the golf course water issue. Winthrop moved
to request the consultants' report be finalized with those items
noted by Don Laws: 1) address temperature requirement and
benefits; 2) refine engineering cost for wetlands; 3) address
odor problem in report; 4) more background on soil treatment by
Dr. Gearheart; 4a) background, 4b) summary of experience
elsewhere, 4c) what questions might need to be answered to
satisfy DEQ and how they could best be answered; 5) address the
golf course alternative; 6) how to answer question of whether two
chlorination treatments would be required. Also City and State
problems include 1) source reduction and 2) water replacement
issues. Acklin seconded. Voice vote all AYES. Motion passed.
2 . Continuation of hearing on proposed Local Improvement
District (LID) to provide sanitary sewers in the Strawberry Lane
area.
Director of Public Works Steve Hall presented information for
. public hearing. Property owners were notified with approximately
30% responding in opposition to LID. Public Hearing opened at
7 : 55pm. Marilyn Olen, 815 Oak Knoll Road, requested Council
consider down-zoning the lot size; zoning on Brown, Hudson
property is 1/2 acre. Council noted that the issue for public
hearing was sanitary sewer L. I.D. and not development of lots.
Public hearing closed at 8: 02pm. Council discussed removing
Hudson lot from L. I.D. and re-assessing other lots to allow
Hudson some recourse from tax consequences of property donation
he made to City previously. Councilor Laws asked to continue
hearing until November 2 and notice property owners of change in
assessment. Drop Hudson property from LID and continue assessment
with remaining parties. Hall will re-notice property owners and
request parties respond to notice regardless of intent.
3. Planning Action No. 90-057, a request for revisions and
approval of an outline plan for a 4-lot subdivision on property
on Granite Street near S. Pioneer Street (Gary & Diane Seitz,
applicant) .
Director of Community Development John McLaughlin reported
parties have reached agreement through mediation. Agreement has
been signed and finalized. Will return at November. 2 meeting with
mediated agreement for Council.
UNFINISHED BUSINESS:
1. Request by Jere Hudson for reimbursement of income taxes paid.
Councilor Winthrop suggested Council have City Attorney explore
rescinding purchase of property. Council agreed. City Attorney
will report back to Council at November 2 meeting.
NEW & MISCELLANEOUS BUSINESS:
1. Authorization .for the Mayor and City Recorder to sign a
boundary line adjustment agreement for property at 601/611
Siskiyou Boulevard, adjacent to Mountain View Cemetery.
Councilor Arnold moved to approve authorization. Hauck seconded.
Voice vote all AYES. Motion passed.
2 . Request from Wayne Cooper, 300 Clay street, for permission to
connect property outside of City limits to City sewer system.
Councilor Acklin moved to approve. Hauck seconded. Voice vote all
AYES. Motion passed.
3. Water Filter Plant facilities report regarding cost of
elevators.
Director of Public Works Steve Hall reviewed report from CH2M-
Hill engineer and recommended Council accept facilities as
proposed. Arnold moved to approve proposal. Acklin seconded.
Voice vote all AYES. Motion passed.
PUBLIC FORUM
None.
ORDINANCES, RESOLUTIONS & CONTRACTS:
1. Intergovernmental Cooperation Agreement between the City of
Forest Grove, Springfield Utility Board, Canby Utility Board,
City of Ashland, City of Milton-Freewater, City of Monmouth, and
City of Bandon, authorizing joint operation as the Oregon
Municipal Energy and conservation Agency.
Nolte noted correction page 4, para 15, 1st line: change "mutual
agreement" , add "unanimous vote of" . Acklin moved to accept
change and move to second reading. Hauck seconded. Voice vote all
AYES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
City Administrator Almquist advised Council to reschedule Cable
Access Commission study session to October 12; scheduled water
and sewer rate study session for October 26; and schedule study
session on parks bonding for November 9. Details will be mailed
to Council and noticed in paper for public.
Winthrop recommended C&s�i17`6ont�nuu`e meetings with water
resource/state agency people to further develop basin-wide
approach.
ADJOURNMENT
Meeting was adjourned at 1O: 1Op.m.
Nan E. Franklin Catherine M. Golden
City Recorder Mayor
O:MinutuUO/5.min)
PROCLAMATION
tj WHEREAS, the citizens need to understand the contributions made by the UN in
maintaining world peace and security; and
WHEREAS, promoting dialog among the different nations; and
WHEREAS, providing a healthier environment for the world's children; and
WHEREAS, The League of Women Voters of Ashland will be promoting UN
awareness during the week of November I through November 5, 1993
NOW
THEREFORE, 1, Catherine Golden, Mayor of the City of Ashland, Oregon, do hereby,","
proclaim the week of November I - November 5, 1993, as
UN AWARENESS WEEK
ON:Z.
in the City of Ashland, Oregon, and hereby urge all citizens to
recognize the role the UN plays in maintaining world peace and
security.
Dated this 19th day of October, 1993.
Ap
4C
Catherine M. Golden Nan E. Franklin
1. Mayor Recorder
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PROCLAMATION
,,,=3��• 111
WHEREAS, • the National Red Ribbon celebration is October 23 through 31;
an �-
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\
WHEREAS this campaign is designed to:
""'�` ♦ Create awareness concerning he alcohol and other >„
: . g t
drug problems facing every community.
"�{ ♦ Build community coalitions to implement )
comprehensive alcohol and other drug prevention sdIph>
E ♦ Support healthy, drug-free lifestyles. S
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� THEREFORE, I urge the citizens of Ashland to wear a red ribbon during this l� .•.
week to demonstrate to others that you are committed to a dru g-
free; healthy lifestyle; and
Jr THEREFORE I proclaim October twenty-third through� p Y g thirty-first Red Ribbon •„u�Y;
Week in Ashland.
l
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Ashland
_i- does congratulate and thank Ashland Substance Abuse Prevention Partnership (ASAP) fo »
"1 their efforts in this community coalition to fight alcohol and other drug problems z(
r' in Ashland. (Ys
>��• BE IT FURTHER RESOLVED that this body encourages its citizens to serve as role c J
j)' models for its children by visibly and enthusiastically
and drug prevention education activities within the community. r{g in alcohol . ;
r=�Itc..• Dated this 19th day of October, 1993. ?xt
'till p
/ •6 1
Catherine M. Golden ' '
Nan E. Franklin
Mayor
Recorder
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PAGE NO. 1
10/13/1993 COMMUNITY SERVICE VOLUNTEERS
SUMMARY MONTHLY REPORT
FOR SEPTEMBER, 1993
VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS
WORKED WORKED
** AARP RETIRED EXECUTIVE
** Subtotal **
4 19
** BICYCLE PATROL
** Subtotal **
97 199
** BLOOD PRESSURE CLINIC
** Subtotal **
2 12
** CALL A RIDE (RSVP)
** Subtotal **
1 4
** CHAMBER OF COMMERCE
** Subtotal **
5 20
** COMPUTER ENTRY
** Subtotal **
15 87
** COURT OFFICE
** Subtotal **
17 85
** CVS OFFICE
** Subtotal **
13 48
** DA COURIER
** Subtotal **
12 25
** FRIENDLY VISITOR
** Subtotal **
2 4
** INFORMATION BOOTH
** Subtotal **
1 3
** INTERFAITH CARE COMM.
** Subtotal **
2 6
PAGE NO. 2
10/13/1993 COMMUNITY SERVICE VOLUNTEERS
SUMMARY MONTHLY REPORT
FOR SEPTEMBER, 1993
VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS
WORKED WORKED
** LIBRARY, PUBLIC
** Subtotal **
18 52
** LOAVES AND FISHES
** Subtotal **
84 251
** MAIL COURIER
** Subtotal **
58 117
** MUSICIAN
** Subtotal **
1 3
** PUBLIC SCHOOLS
** Subtotal **
8 26
** QUILTING
** Subtotal **
10 25
** RECYCLE ACTIVITIES
** Subtotal **
5 10
** SENIOR PROGRAM OFFICE
** Subtotal **
14 61
** SHAKESPEAREAN FESTIVAL
** Subtotal **
8 21
** SHOPPER (NURSING HOME)
** Subtotal **
8 16
** STATISTICS/ANALYSIS
** Subtotal **
15 31
** TRANSPORTATION DRIVER
** Subtotal **
5 10
PAGE NO. 3
10/13/1993 COMMUNITY SERVICE VOLUNTEERS
SUMMARY MONTHLY REPORT
FOR SEPTEMBER, 1993
VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS
WORKED WORKED
** VACATION HOUSE PATROL
** Subtotal **
26 100
** WATERSHED PATROL
** Subtotal **
93 335
** YOUTH ACTIVITIES
** Subtotal **
1 5
*** Total ***
525 1575
ASHLAND POLICE DEPARTMENT
COMMUNITY SERVICE VOLUNTEER PROGRAM
FOR STAFF USE ONLY
TO: CITY ADMINISTRATOR FOR THE MONTH OF SEPTEMBER 1993
NUMBER OF VOLUNTEERS REPORTING 92
DAYS WORKED 525
HOURS WORKED 1575
/ Jo'hn D'Entremont
(..Xirector of Community Services
CITY OF ASHLAND POLICE DEPARTMENT
COMMUNITY SERVICE VOLUNTEER PROGRAM
SUMMARY REPORT OF ACTIVITIES .
DURING THE MONTH OF SEPTEMBER 1993, THE CSV DIVISION HAD 92
ACTIVE VOLUNTEERS WHO WORKED A TOTAL OF 525 DAYS FOR A TOTAL OF
1, 575 HOURS.
IN ADDITION, THIS OFFICE ALSO CHECKED THE HOMES OF 34 CITIZENS
WHO WERE AWAY, AND HOTOGRAPHED 3 APPLICATIONS FOR LICENSES (1
LIQUOR, 2 TAXI) .
WE ALSO PROCESSED AND ASSIGNED FOR WORK DETAIL 5 SUBJECTS
REFERRED TO THIS DEPARTMENT BY THE COURTS TO PERFORM COMMUNITY
SERVICE FOR A TOTAL OF 276 HOURS.
WE PROCESSED 9 APPLICATIONS FOR THE YMCA, 6 FOR THE BLOCK HOME
PROGRAM, AND 4 ADULT CROSSING GUARDS .
WE ALSO ANSWERED PHONE CALLS REFERRED TO US BY CITY HALL AND
DISPATCH AS -TO WHAT AGENCY TO CALL FOR ASSISTANCE, ETC. WHICH
WOULD OTHERWISE REQUIRE DISPATCH TO ANSWER, TYING UP THEIR LINES.
BEING PART OF THE EMERGENCY NETWORK, WE ARE IN THE PROCESS OF
CHANGING OVER ONE OF OUR OFFICES AS A ALTERNATIVE DISPATCH
STATION, UTILIZING HAM RADIO OPERATORS. THE CABLE HAS BEEN IN
PLACE FOR THE PAST SEVERAL YEARS, HOWEVER IT NEEDS TO BE MOVED.
ALSO AN ELECTRICAL OUTLET TIED INTO THE GENERATOR, MUST ALSO BE
MOVED FROM-IT FORMER LOCATION.
THE CSV MEMBERS HAVE ALWAYS BEEN PART OF THE EMERGENCY NETWORK
AND WOULD BE CALLED UPON IN THE EVENT OF A DISASTER.
FRANK D'ENTREMONT
DIRECTOR
a*VTURAL GAS
City of Ashland October 12 , 1993
Ashland City Council
SUBJECT: Request to cut pavement on Mountain Avenue to
install new regulator station.
WP Natural Gas requests permission to remove and replace a
3 foot by 3 foot section on the east edge of the pavement
about 50 feet north of 310 Mountain Ave North .
This is necessary to install a new inlet line to the
regulator station we are moving. Our company standards
require us to install the emergency inlet valve 20 to 50
feet from the station. The existing valve will be only 6
feet from the station.
A Division of The Washington Water Power Company
201 West Sixth Street P.O. Box 1709 Medford,Oregon 97501 (503) 776-0763
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12 October 1993
Please forward copies to the following to be included in t1i ��,
packets for the October 19 City Council Meeting: F%L.%%J {
To: Ashland Mayor Golden and City Council Members VATE .60 1A
Ref: Request from WP Natural Gas to Cut pavement on N. Hnt.
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Honorable Mayor and Council Members:
Because I will be out of town and won't be able to attend this
council meeting in person. I am submitting this letter in support
of approval for WP Natural Gas to cut the pavement on N. Mountain
Ave. in order to move their main gas regulator station.
As you know. I came before you with my concerns of WP Natural gas
regulator station being located on my property line at 310 N.
Mountain Ave. You addressed my concerns, and I thank you again, by
directing staff to work with WP to try and find an other suitable
location set back from my property line .
I met with Lu Benjamin of WP and Ken Mickelsen of the Parks
Department and it was in the city' s opinion that because there are
no definite plans or designs for the future of this property or the
future grade of N. Mountain Ave. locating the gas regulator up in
the corner of the property next to my property line and the street
along WP' s right of way was the best location at this time, in
order to satisfy my concerns for the hissing noise without creating
delays which could extend construction until next spring.
I have been assured by WP that the regulator will be placed
underground in a vault with soundboard to eliminate the hissing
noise and cut down on any odor and also of the safety of this
station. WP has further agreed to erect a 6 ' block wall along . my
property line the length of the station. Thus addressing my
concerns of noise, smell , visual impacts and the safety factor.
Although I would prefer the station to be moved entirely away from
my property line, I understand the city and WP ' s dilemma and do not
want to delay construction until spring as I feel if I would have
to continue to listen to the hissing noise until spring I will go
mad!
Therefore. I am offering my support with WP ' s request to lift the
moratorium on cutting the pavement on N. Mountain Ave. to allow
them to proceed with construction and stop the hiss !
Thank you for your time and support of our community.
�rWith/liest regards,
Marie Mo ehead
310 N. Mountain Ave.
Ashland, OR 97520
Phone/Fax: 482-2021
04�ae asti�y.
APmorandum
�RfGOe� ,
8 October 1993
Brian Almquist, Paul Nolte, Steve Hall, Jerry Glossop, & Dennis Barnts
rom: James H. Olson, Assistant City Engineer
C'1
p�ITIIjPLt: Termination of a Storm Drain Easement
We have recently received a request from Tom Cox to terminate a 5 foot wide storm
drain easement across his property near Walker Avenue and Peachey Road. (39-1E-15D,
700)
The easement was acquired in 1966 from Alta Alvis (see attached document no.
66-05620) and is only 5 feet wide. In 1967 a new easement was acquired approximately 70
feet further north which was actually used for pipeline construction. I do not believe that the
southerly easement (66-05620) was ever used. Would you please verify that the easement
shown on the map is not currently being used and also if you can foresee a possible future
use for the easement.
A map is attached showing the location of the easement to be vacated as well as the
currently utilized easement.
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FORM N7TI—QUITCLAIM DIED 11,d1,14-1-C-P-10. .......
Nl
QUITCLAIM DEED HI
KNOW ALL MEN BY THESE PRESENTS,Thal. CITY OF_ASHLAM,. a...avuenicipal corporation....ration
..... ...... .....
......... ...................................... .........................--- __...............__hereinafter Called grantor, .
for the consideration hereinafter seated,does hereby remise,release and quitclaim um. L. SAWDERS and'I
.-L.O.R.NA COLLEEN...PETERSON-SAUNDERS, _Trustees...of....the---M.S.P....Trust....dated...9.-.2.1-.93 (as....to...Parcel
hereinafter called grantee,and unto grantee's heirs,succesor a and assigns all of the grantor's right title and interest
in that certain real property with the tenements, hereditamenfe, and appurtenances (hereunto belonging or in any
way appertaining,situated in the County of------ aekson............................State of Oregon,described as follows,to-wit:
All right, title and interest in and to that cerbBin easement for eborD seNIES' and drain
the PUrPCeasl as granted to the City Of Ashland, recorded May 11, 1966 as No. 66-05620 as
may effect the following des=ibed property:
Parcel No. Ono (1) and Three (3) of Minor Partition Plat recorded Decanter 12, 1991 as
Partition Plat No. P-129-1991 of "Record of pearUtim Plats" in Jackson County, Oregon,
and filed as Survey #12783 in the Office of the Jackson, CourTty Surveyor.
i.
*No. One) and THOMAS N. Cox and KATHLEEN COX (as to Parcel No. THREE)
IF SPACE INSUFFICIENT,CONTINUE DESCRIPTION ON REVERSE SIDE)
To Have and to Hold the same unto the granted and grantee's heirs,successors and assigns is$ forever.
NONE
The true and actual consideration paid for this transfer, stated in terms of dollars,
OHowever, the actual Consideration consists of or includes other property or value given or promised
the whole
.1 he Consideration(indicate which).O(The Adnhwee between thee .Fb.IS@,hoot applicable,should he deleted.Sea ORS 93.030.)
In construing this deed, where the context so, requires, the singular includes the plural and all grammatical
changes shall be made so that this deed shall apply equally to corporations and to individuals.
In Witness Whereof,the grantor has executed this instrument this................day of_...................................19...._..;
if a corporate grantor, it has caused its name to be signed and its seal,if any,affixed by an officer or other person
duly authorized thereto by order of its board of directors.
CITY OF ASHLAND
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE-
SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND BY
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING ............................... ........... ...............
THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE
11 PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
i COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. ........ ................................................. .................................
STATE OF OREGON,County of..._......................_................._..__.J
This instrument was acknowledged before Me on..__...._......._........._......__._...._..19.
by......... .... .................... ........................................... . .........
This instrument was acknowledged before me on_........_._1111_.._........_.._....._ l9.._..-, ii
by................................................................................................................................................ .........
as ............__..................................................................................... ........
of----------------------------------.................................................................................................................................
................................................................... ......
Notary Public for Oregon
mycommissiortarpires.............................................. ------
...................................................................................... STATE OF OREGON, 83.
..
.................................................................................... County of.........................................
I certify that the within instrument
was received for record on the..........day
of............................................... at
................................................................................... ------__.......o'clock.......M.,and recorded in
-------------------------6-1--'I.-N-A-I- A-Ad..Ad-d,-Pw.......................... SPACE RESERVED book/reel/volume No...................on page
FOR ----------------------and/or as feellifelinstm-
AIM,Mi"PRMM FR(Name,Ated—,ZI,J, .......
----------------------------------------------------------------------------------------- ruentIneiprofilnelreception NO---------------
Record of Deeds of said County.
Witness my hand and seal of
URRI.1—Md M d.11 ft.1M..1.IN.,..,Add—,Z111: County affixed.
.........................................................................................
........................................................................
..................................... ........................ ...................
NN[ L
t
.......... ...................................................... By......................................... ..Deputy
EASEMENT '
KNOW ALL MEN BY THESE PRESENTS, That ALTA ALVIS, an unmarried
woman, does hereby grant an easement unto the CITY OF ASHLAND, a
municipal corporation of the State of Oregon, for and in considera-
tion of One Dollar ($1.00) , which easement is for storm sewer and
drain tile purposes and is over the property situated in Jackson
County, Oregon, described as follows, to-wit:
A strip of land five feet in width and lying 2.50 feet on
. either side of the following described center line:
Beginning at the center of Section 15, Township 39
South, - Range 1 East of the Willamette Meridian in the
I . City of Ashland, Jackson County, Oregon; thence East
155.04 feet to the East line of Walker Avenue; thence
South 0'15 ' East along said East line 101.57 feet to
the true point of beginning; thence East 320.0 feet
to the East end of this easement.
The Grantor warrants that she is the owner of said real property
free and clear of all liens and encumbrances whatsoever.
The Grantee shall have the right to go on the above described
premises for the purpose of installing storm sewers and drain tile
:i and for the purpose of maintaining the same.
IN WITNESS WHEREOF, the Grantor has hereunto set her hand and
seal this �/"'`{ day of ^ 1, 1966.
1 ,
(SEAL)
1
STATE OF OREGON ) -
ss.
County of Jackson )
On this Sd day of �, 1966, before me, the undersigned, '
a Notary Public in and for said County and State, personally appeared
Alta Alvis, an unmarried woman, who is known to me to be the identical _
individual described in and who executed the within instrument, and
acknowledged to me that she executed the same freely and voluntarily.
i
- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above"written.
_,,.� r:ir�EGl,N
�n'lY = i p/r _cam � Otary Public fo regon
'O M cdn&ission expires
GipIGi! E;;°IDES LSY. 12 1358
p`� i'k5 h!lii I1 [1,1 10 51
nI >
GREGO
October 13, 1993
Mayor and City Counci -
rom: Dick Wandersch
�uhjrr#: Community Development Block Grant Background
Information
Background
As you are no doubt well aware, the Federal Department of Housing
and Urban Development (HUD) has recently designated the City of
Ashland as an entitlement city for Community Development Block
Grant (CDBG) funds. Initial indications are that yearly entitlements
will be about $200,000.
In order to secure this funding, a number of HUD requirements need
to be satisfied. The most immediate and extensive requirement was
the development of the Comprehensive Housing Affordability Strategy
(CHAS). This draft document which was developed by a task force of
service providers, city residents, city staff, and city councilors is the
subject of a public hearing at the October 19 City Council meeting.
This document must be submitted to HUD by December 31, 1993,
but because we have had no experience in dealing with HUD and its
processes,.our intent is to modify the CHAS if necessary based on the
hearing on the 19th, and submit it to HUD by November 1 , 1993.
This will allow us 60 additional days to satisfy HUD, if they identify
any deficiencies or necessary modifications to the CHAS.
We will also be required to submit two additional documents to HUD
prior to receiving any money under the CDBG program. These are a
Non-Housing Community Development Plan and a Final Statement of
Work.
We should be notified in January of 1994 what the dollar amount of
our entitlement is for the next year. Our Non-Housing Community
Development Plan will spell out our priorities for spending the non-
housing portion of the funds. The CHAS determines how any funds
spent on housing can be spent. When all decisions are made about
how the money will be spent, a Final Statement detailing all this must
be submitted to HUD. The deadline for this document is June 1,
1994. Funding would then become available on July 1 , 1994.
Proposed Process
We feel that a process that will accomplish all the above requirements should be
established so everyone will understand how decisions will be made regarding
allocation of this money and also set up a timeline so all the HUD requirements can
be met on time to ensure July 1 , 1994 funding. With that in mind, we would
propose the following schedule for,your consideration:
October 19 Draft CHAS public hearing
by October 31 Modification to CHAS based on public testimony
November 1 . Final CHAS submitted to HUD
by December 31 Modification of CHAS (if required by HUD)
January 31 Notification from HUD for 1994 funding levels.
Development of Non-housing CD Plan
February 15 Public hearing on Non-Housing CD Plan
February 25 Finalize Non-Housing CD Plan
March 1 Decision on allocation of CDBG funds to eligible program
activities
March 15 Request for proposals for projects for the housing portion
of the CDBG funds
April 22 Draft Final Statement developed
May 3 Public hearing on Final Statement
May 17 Adoption of Final Statement
June 1 Final Statement submitted to HUD
July 1 Funding available
This timeline would enable us to be sure that funding will be available on July 1,
1994.
Use of Funds
There are a number of activities which can be funded by CDBG funds. There is no
requirement that a certain percentage of funds has to be used by any activity, and
all funds could be used for only one activity if the Council so chooses.
Six steps are involved in the process of determining if CDBG funds may be used to
assist a proposed activity. The first step is to determine if the activity is included
within the listing of eligible activities in the CDBG regulations. The second step is
to determine if the proposed activity falls within a category of explicitly ineligible
activities, despite its apparent inclusion within the listing of eligible activities. For
example, while many public facilities are eligible for assistance, there is an explicit
statutory and regulatory ban to providing assistance to "buildings for the general
conduct of government." The third step is to determine if the proposed activity
meets one of the national objectives of the program. The national objectives are:
1 ) Benefiting low and moderate (L/M) income persons;
2) Addressing slums or blight; and
3► Meeting a particularly urgent community development need.
The fourth step is to ensure that carrying out the activity with CDBG funds will not
result in the grantee violating its certification that at least 60% of CDBG funds will
benefit L/M income persons over one, two, or three years as specified by the
grantee. The fifth step is to review proposed costs of the activity to determine if
they appear to be necessary and reasonable and will also conform with OMB
circulars A-87, A-122, or A-21 . The sixth step is to complete the environmental
review and clearance procedures for the project of which the activity is a part.
Eligible Activities
The following activities are eligible for funding:
1) Acouisition of Real Prooerty - CDBG funds may be used to acquire real
property in whole or in part by purchase, long term lease, donation or
otherwise as follows: the grantee, any other public agency, or a private
non-profit entity to acquire real property for any purpose which meets a
national objective of the CDBG program. In addition, CDBG funds may be
provided to private individuals and private for profit entities to acquire real
property where it is to be rehabilitated, if the property is then rehabilitated
and used or sold for residential purpose which meets a national objective.
Or private for profit entities may use funds to acquire real property when it
meets a national objective and is determined by the grantee to be
"necessary or appropriate" to carry out an economic development project.
2) Disposition - CDBG funds may be used to pay costs incidental to disposing
of real property acquired with CDBG funds, provided the property will be
able to meet a national objective. The property may be disposed of through
sale, lease, donation, or otherwise. Disposition costs include fees paid for
appraisals, surveys, marketing, legal services, financial services, transfer
taxes, and other costs involved int he transfer of ownership. For disposition
costs to be eligible, the use after disposition of the CDBG acquired property
must meet a national objective.
3) Public Facilities and Improvements - CDBG funds may be used by the
grantee or other public or private non-profit entity for the acquisition,
construction, reconstruction, rehabilitation, or installation of public
improvements or facilities (except for buildings for the general conduct of
government), provided such improvements or facilities meet a national
objective. Public facilities and improvements include, but are not limited to,
shelter for the homeless, water and sewer facilities, flood and drainage
improvements, fire protection facilities/equipment, community, senior, and
health centers, parking, streets, curbs, gutters, sidewalks, parks, and
playgrounds.
4) Privately Owned Utilities - The grantee, other public agencies; and private
non-profit entities may use CDBG funds to acquire, reconstruct, rehabilitate,
or install the distribution lines, and facilities of privately owner utilities,
provided such activity meets a national objective. For example, funds could
be used to pay the costs of placing new or existing underground powerlines
and telephone lines owned by private utilities provided that action meets a
national objective. Also, a grantee could install water lines to be owned and
operated by a private utility, again provided the action meets a national
objective.
5) Clearance - CDBG funds may be used for clearance, demolition, removal of
building and improvements, movement of structures to other sites, provided
such activities meet a national objective.
6) Public Services - CDBG funds may be used to provide public services
(including labor, supplies, and materials), provided the public service meets a
national objective, and also provided that the public service must be either a
new service or a quantifiable increase in the level of service above that
which has been provided during the twelve months prior to submission of
the grantee's Final Statement. The amount of funds obligated within a
program year to support public services must not exceed 15% of the total
grant awarded to the grantee for that year.
Examples of public services include, but are not limited to child care, health
care, job training, recreation programs, education programs, public safety
services, fair housing activities, services for senior citizens, services for
homeless persons, drug abuse counseling and treatment, and energy
conservation counseling and testing.
7) Interim Assistance - CDBG funds may be used for interim assistance
activities provided those activities meet a national objective. There are two
categories of interim assistance. The first category covers limited
improvements to a deteriorating area as a prelude to permanent
improvements. The second category covers activities to alleviate an
emergency condition.
. 8) Relocation - CDBG funds may be used for relocation payments and
assistance to displaced persons, including individuals, families, businesses,
non-profit organizations, and farms where required under Section 570.606
of HUD regulations. Funds may be used for optional relocation payments to
persons displaced by an activity not subject to requirements described
above.
9) Loss of Rental Income - CDBG funds may be used to. pay housing owners for
losses of rental income incurred in holding for temporary periods, housing
units to be used for the relocation of individuals and families displaced by
CDBG assisted activities.
10) Removal of Architectural Barriers - CDBG funds may be used to remove
material and architectural barriers which restrict the mobility and
accessibility of elderly and handicapped persons to public or privately owned
buildings, facilities and improvements, provided such barrier removal meets a
national objective. Despite the general prohibition on using funds to assist
buildings for the conduct of government, CDBG funds may be used to
remove architectural barriers in such buildings. Money cannot be used to
purchase or lease motor vehicles equipped for the handicapped, however.
The regulations provide that barrier removal is considered to benefit L/M
income persons absent substantial evidence to the contrary.
11 ) Housing Rehabilitation - CDBG funds may be used to finance the
rehabilitation of any publicly or privately owned residential property,
including the conversion of non-residential property for housing, provided it
meets a national objective.
12) New Housing - CDBG funds may be used to finance or subsidize the
construction of new permanent residential structures under the following
limited circumstances, provided such new construction meets a national
objective. The funds are used by a local development company, small
business investment company, or a neighborhood based non-profit
organization for construction of housing which the grantee has determined is
necessary or appropriate to achieve its community development activities.
The grantee is required to maintain documentation of its determination.
Summary
We are currently in the process of gathering information from other entitlement
local governments in Oregon as to how they have spent their CDBG funds. When
the data is compiled, it will be forwarded to the Council to illustrate approaches
that other local governments have used to allocate their HUD funds among the
various eligible funding activities. We anticipate we should be able to supply this
data within the next two to three weeks.
I will be at the October 19th City Council meeting, however, as always, give me a
call at 488-5306 if you have questions or I can be of further assistance prior to the
meeting.
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RESOLUTION NO. 93-
A RESOLUTION ESTABLISHING AFFORDABLE HOUSING INCOME
LEVELS AND RENTAL AND PURCHASED COST LEVELS AND
REPEALING RESOLUTION 91-32
RECITALS:
A. The City of Ashland desires to provide affordable housing for its citizens;
and
B. The Land Use Ordinance has been amended to provide density bonuses for
providing affordable housing; and
C. The Land Use Ordinance requires the City Council to adopt a resolution to
establish affordability standards to implement the affordable housing density bonuses.
The Mayor and City Council of the City of Ashland, Oregon resolve as follows:
1. RENTAL HOUSING. Units designated for affordable rental housing in
developments which have qualified for density bonuses under the City's Land Use
Ordinance (LUO) shall be rented to individuals or families whose annual income does
not exceed 80% of the median income for families in the Medford-Ashland
Metropolitan Statistical Area (MSA). This figure shall be known as the "qualifying family
income" and shall be determined by the City's Department of Community Development
in May of each year from the annual family incomes published by the U.S. Department
of Housing and Urban Development (HUD).
The rent charged for such affordable rental housing shall not exceed 23% of the
qualifying monthly income (qualifying family income divided by twelve) as provided in
the following formulas:
Studio Apartment 23% of the average of 1 & 2 person qualifying monthly incomes
1 Bedroom 23% of the average of 2 & 3 person qualifying monthly incomes
2 Bedroom 23% of the average of 3,4, & 5 person qualifying monthly incomes
3 Bedroom 23% of the average of 4,5,6, & 7 person qualifying monthly incomes
4 Bedroom 23% of the average of 5,6,7, & 8 person qualifying monthly incomes
The City's Department of Community Development shall maintain a table of
maximum rent levels permitted under these formulas and shall annually update the
table in May of each year.
The owner of the affordable rental housing shall sign a 20-year agreement with
the City of Ashland that guarantees these rent levels will not be exceeded and that the
owner will rent only to families meeting the income limits. The agreement shall bind
subsequent owners who purchase the rental housing during the 20-year period. The
PAGE 1-RESOLUTION (p:pL=ing\affoniz.Res)
agreement shall also require the owner to rent to HUD Section 8 qualified applicants
and agree to accept rent vouchers for all of the affordable units where applicable.
2. PURCHASED HOUSING. Units designated for affordable housing available for
purchase in developments which have qualified for density bonuses under LUO, shall
2.1. Only be sold to individuals or families whose:
2.1.1. Annual income does not exceed 130% of the median income for
families in the MSA.
2.1.2. Net assets, excluding pension plans and IRA's and excluding the
down payment (to a maximum of 20 percent of the purchase price) and closing
costs, do not exceed $20,000 for a family or $130,000 if one family member is
65 years or older.
2.2. Have a purchase price not exceeding the following amounts:
Type of Unit Purchase Price
(revised annually)
Studio $75,985
1 Bedroom $86,718
2 Bedroom $97,665
3 Bedroom $108,396
4 Bedroom $117,028
The purchase price shall be annually revised in May of each year by the
City's Department of Community Development. The annual revision shall be
calculated by multiplying the current purchase price by the annual percentage
change in median family income as published by HUD for the MSA.
2.3. Be assured to remain affordable as follows:
2.3.1. FARMER'S HOME ADMINISTRATION (FmHA) - For housing
financed by the FmHA, affordability will be assured by the recapture provisions
required by FmHA which requires sellers' to repay FmHA for all the subsidies
accrued during the period that they resided in the housing.
In addition, FmHA financed housing shall be subject to a covenant that
for the first five years after the initial purchase, resale can only be to individuals
from the same income category as the original purchasers.
2.3.2. ALL OTHER DEVELOPMENTS - For all other developments
obtaining density bonuses for the provision of affordable housing, affordability
will be assured by requiring that the purchasers of the affordable housing units
PAGE 2-RESOLUTION (p:PWaaiarkarromz.R�)
agree to the City of Ashland Affordable Housing Resale Restriction And
Option To Purchase Agreement prior to the issuance of building permits for
the units.
3. REPEAL OF RESOLUTION 91-32. Resolution 91-32 is repealed.
The foregoing resolution was READ and DULY ADOPTED at the regular
meeting of the Ashland City Council 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
PAGE 3-RESOLUTION (p:pLwing\affurd2.Rm)
City of Ashland
Affordable Housing
Income and Rental Cost Levels
October 19, 1993
Qualifying Incomes for RENTAL HOUSING (as of May 5, 1993)
Annual
Family Size Income Level (80% of median income)
1 $19,700
2 $22,550
3 $25,350
4 $28,150
5 $30,400
6 $32,650
7 $34,900
8 $37,150
RENTS for affordable units shall not exceed the following:
Maximum
Apartment Type Rent Level
Studio $405/month
1 Bedroom $459/month
2 Bedroom $536/month
3 Bedroom $604/month
4 Bedroom $647/month
City of Ashland
Affordable Housing
Income and Purchased Housing Cost Levels
October 19, 1993
Qualifying Incomes for PURCHASED HOUSING (as of May 5, 1993)
Annual
Family Size Income Level (130% of median income)
1 $31,980
2 $36,660
3 $41,210
4 $45,760
5 $49,400
6 $53,040
7 $56,680
8 $60,450
PURCHASE PRICE for individually owned homes designated affordable shall not
exceed the following amounts:
Type of Unit Purchase Price
T (To be updated annually
Studio $75,985
1 Bedroom $86,718
2 Bedroom $97,665
3 Bedroom $108,396
4 Bedroom $117,028
RESOLUTION NO. 93-
A NEW RESOLUTION OF INTENTION TO PROVIDE FOR SANITARY
SEWER IMPROVEMENTS IN STRAWBERRY LANE FROM DITCHLINE
ROAD WESTERLY FOR APPROXIMATELY 1350 FEET.
Recitals:
A. On October 5, 1993 , the City Council conducted a public
hearing for benefitted property owners to comment as to why this
improvement should not be constructed or why properties should
not be assessed..
B. At that hearing the council concluded that one property may
be omitted from the proposed district. The omission of this
property will cause the remaining properties' estimated
assessment to increase. In such case, section 13 . 20. 050.D of the
Ashland Municipal Code requires that a new improvement resolution
be adopted and new notices mailed to all of the owners within the
local improvement district.
C. . This resolution is adopted as the new improvement resolution
required by the municipal code.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION 1. The council intends to make local improvements to
provide a sanitary sewer in Strawberry Lane from Ditchline Road
approximately 1, 350 feet westerly in Ashland. Such improvements
will be in accordance with costs estimated to be $53 ,880 all of
which will be paid by special assessments on benefitted
properties. Costs will be allocated on a unit measure of
approximately $10. 50 per front foot and $860 per acre of each
parcel of land.
SECTION 2 . The local improvement district shall consist of all
the tax lots described in the attached Exhibit A.
SECTION 3. Warrants for the interim financing of the
improvements shall bear interest at the prevailing rates and
shall constitute general obligations on the City of Ashland and
shall be issued according to the terms and conditions in ORS
287. 502 to 287 . 510 inclusively.
SECTION 4. The assessment imposed upon benefitted properties is
characterized as an assessment for local improvement pursuant to
ORS 305. 583 (4) .
SECTION S. The City of Ashland, Oregon (the "City") expects to
cause certain capital expenditures to be incurred for the
Strawberry Lane Sewer Local Improvement District. The City
intends to reimburse itself for such capital expenditures with
the proceeds of borrowing incurred by the City (the
"Reimbursement Bonds") . United States Treasury Regulation 1. 103-
PAGE 1-RESOLUTION (,:dany\sMw2.RS)
18 sets forth certain requirements that must be complied with in
order for the proceeds of Reimbursement Bonds to qualify as an
expenditure of bond proceeds. One such requirement is that on or
before the date the expenditure that is being reimbursed is paid,
the issuer of Reimbursement Bonds must declare a reasonable
official intent to reimburse itself for the capital expenditure.
It is the reasonable intent of the City to reimburse the capital
expenditures for the proposed Strawberry Lane Sewer Improvements
with the. proceeds of Reimbursement Bonds in the principal amount
estimated to be $53 , 880.
SECTION 6. The City Recorder is directed to mail copies of the
notice to the owners of each lot benefited by the proposed
improvement as shown on the latest tax and assessment roll. The
notice shall be in the form attached to this resolution.
This Resolution was READ and DULY ADOPTED at a regular meeting of
the City Council of the City of Ashland, Oregon on October 19,
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
PAGE 2-RESOLUTION (p:dai1y\waw2.=)
NOTICE OF PUBLIC HEARING
The City Council of the City of Ashland will meet on December 7,
1993 , at 7: 30 p.m. in the Council Chambers, 1175 East Main
Street, to hold a public hearing to consider the formation of a
Local Improvement District. as follows:
NATURE OF THE IMPROVEMENT: To construct sanitary sewers in
Strawberry Lane from Ditchline Road approximately 1, 350 westerly:
BENEFITED PROPERTY: All those properties described on the
attached exhibit entitled "Composition of Strawberry Land L. I.D.
(Revised 10/11/93) " and "Individual Lot Cost Estimate for
Proposal: Strawberry Lane Sewer L. I.D. "
ESTIMATED COST: The estimated cost of this local improvement is
$58, 000 all of which 'shall be paid by special assessment of
benefitted properties.
ADDITIONAL INFORMATION: Additional information may be obtained
at the Department of Public works Engineering office, 27-2 N.
Main St. , Ashland, Oregon, on weekdays during the hours of
8 : 30 a.m. to 5: 00 p.m.
All affected property owners may appear at the hearing or submit
written comments prior to or at the hearing, as to why the
project should not be developed or why the benefited properties
should not be assessed in the manner proposed.
BY ORDER OF THE CITY COUNCIL
Nan E. Franklin, City Recorder
PAGE 3-RESOLUTION (p:dady\stmw2.=)
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COMPOSITION OF STRAWBERRY LANE
SEWER L.I.D. (Revised I01I1193)
Tax Percentage of In Favor
Map No. Lot Assessment of L.I.D. Ownership
39-1E-8AC 101 23.24% yes Paul Hwoschinsky
443 Strawberry Lane
39-1E-8AC 105 2.93% yes City of Ashland
39-1E-8AC 200 18.38% yes Doug Neuman & Reed Slatkin
11684 Ventura Blvd.
Studio City, CA 91604
39-1E-8AC 201 16.55% yes Tracy A. Darling
490 Strawberry Lane
39-1E-8AC 300 2.31% no contact Howard Strom
3411 La Falda Place
Los Angeles, CA 90068
39-1E-8AC 400 5.67% no contact Robert Dreiszus
10825 Yank Gulch
Talent, OR 97540
39-1E-8AC 500 24.38% no contact Margret J. Brown
385 Strawberry Ln.
Ashland OR 97520
39-lE-8BD 100 6.54% yes City of Ashland
100.06%
30 June 1993 - Page 3
Proposed Strawberry Lane Sanitary Sewer L.I.D.
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