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HomeMy WebLinkAbout1997-0415 Council Mtg PACKETF I ,V 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 fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and 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 length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL REVISED April 15, 1997 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting minutes of April 1, 1997. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Presentation of James Ragland Award to 'The Citizens of Ashland." _,2� Mayor's Proclamation declaring May 11-17, 1997 as "National Historic Preservation Week" in Ashland. Mayor's Proclamation declaring the month of April, 1997 as "Sexual Assault Awareness Month." 4. Introduction and Presentation by Airport Commission. V. CONSENT AGENDA: 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - March, 1997. 3. Modification of location of pedestrian easement on property located off Oak Meadows Place. VI. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). 1. Proposed formation of a Local Improvement District for the installation of Street and sidewalk improvement on Fordyce Street. T2Yo J VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VIII. UNFINISHED BUSINESS: 1. Approval of Findings, Conclusions and Order on a seven-lot subdivision under the Performance Standards Option located at 25 Westwood Street. IX NEW & MISCELLANEOUS BUSINESS: 1 1 Memorandum from Forest Commission regarding fire management .D program in the Ashland Watershed. 2. Presentation of The Hamilton Creek Proposal by the Roca Study Team. X. VRDINANCES, RESOLUTIONS AND CONTRACTS: 1. First reading by title only of an "Ordinance Modifying Section 3.08.050 of the shland Municipal Code and Repealing Ordinance No. 1415 as Amended, in its Entirety, in Order to Modify the Procedure for Creating a Position Classification Plan for the City of Ashland." Reading by title only of a "Resolution Providing for a Deferral of Local Improvement District Assessme t of Payments for Qualifying Senior Citizens and Disabled Persons." Reading by title only of a "Resolution of the City of Ashland Clarifying Certain Conditions of Employment for Management and Confidential Employees and Making Such Conditions Consistent with the Federal Fair Labor Standards Act by Repealing Resolution No. 96-37." Reading by title only of a "Resolution Authorizing and Ordering the Local Improvements for Fordyce Street from East Main Street to Munson Drive for the Fordyce Street Local Improvement District and Authorizing the Assessment of the Cost of the Improvements Against Property to be Benefitted and Providing that Warrants Issued for the Cost of the Improvement be General Obligations of the City of Ashland." XI. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT (Reminder: Study Session, Wednesday, April 16 at 12:30pm regarding the status of the Talent/Ashland/Phoenix Intertie; and final report of the Communications Committee on costs of various suggested programs) I MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 1, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Hauck, Hagen, Wheeldon and DeBoer were present. Councilor Reid was absent. APPROVAL OF M]NUTES The minutes of the Regular meeting of March 18, 1997 were approved with the following amendments on page 3 under Public Forum, paragraph two and three. Mayor Golden requested that the minutes reflect that she did not want to pull Planning Commissioner Tom Giordano in the middle of his term. She stated that Mr. Giordano acted under the guidance of cities protocol at the time when he addressed the Planning Commission on planning actions that he was involved in. When it was realized later that he could not even speak to these issues, and he was notified, he did exactly what he was directed to do by the city. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of check for $2,500 from WP Natural Gas for the Lithia Park Restoration Fund. Dennis Otte, representing WP Natural Gas presented check in the amount of$3,000 for the Lithia Park Restoration Fund to Park Commissioner Teri Coppedge. Commented on the excellence of city employees that he has had contact with. Remarked how Lithia Park is an important destination for many outside our area, and how WP Gas wanted to help in the restoration of the park. 2. Mayor's Proclamation declaring April 9, 1997 as "Arbor Day in Ashland." Mayor Golden read proclamation for "Arbor Day in Ashland". CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - March, 1997. 3. Letter from DEQ congratulating City of Ashland and Ashland Sanitary for exceeding goals of 1991 Recycling Act. 4. Letter from Workers' Compensation Division congratulating the City for Performance Award for Excellence for self-insured employees. 5. Letter from League of Oregon Cities regarding Joint LOC/AOC Conference in Salem on April 21, 1997. 6. Approval of Abstract of the Vote and Mayor's Proclamation for special election on March 11, 1997. City Council Meeting 401-97 1 Councilors Hagen/Hauck m/s to approve consent agenda. Voice vote: all AYES. Motion passed. PUBLIC FORUM Susan Wilson-Broadus/549 Wilson Road, Central Point/Spoke regarding a memo that was read at a previous council meeting of March 4, 1997 regarding use of professional engineering services through RVCOG. Commented on importance of the duties of a licensed professional civil engineer which extends beyond signing of plans prepared by others. Stated that while employed as Director of Public Works and City Engineer, she was not aware that Paula Brown, PE also served as City Engineer. Wilson-Broadus did not agree with memo from Almquist regarding number of plans signed. Stated that she signed several sets of plans. Wilson-Broadus also questioned the total billings for engineering services of $148.20, which she did feel included the thousands of dollars per month paid to RVCOG for Brown's engineering services. UNFINISHED BUSINESS 1. Approval of Findings, Conclusions and Order on a seven-lot subdivision under the Performance Standards Option located at 25 Westwood Street. Not available for approval. NEW & MISCELLANEOUS BUSINESS 1. Letter from "B" Street Neighborhood Association requesting the appointment of a review committee to monitor performance of ICCA Center at 144 N. 2nd Street. Mayor read letter requesting a review committee to be formed. Councilor Hauck clarified that occupation of the ICCA Center was not established until April 1996. Councilor Wheeldon stated that after the decision was made for the ICCA and occupancy was established, the neighborhood and ICCA went into mediation, without the presence of the city. It was understood that the mediation would bring about what would be reviewed and then the committee would be formed. The committee, according to the Findings & Conclusions on the decision, were to be two members from the Railroad District community who were opposed and two who were in favor, as well a council person. Wheeldon commented that this is different than what was going on with the mediation. She felt that there was a hope that this would indicate there wouldn't be a need for the committee or that there would be some clarity about what the committee would be monitoring. City Attorney Nolte confirmed for council that mediation had been terminated and there was no mediated agreement that came out. Council discussed the timeliness of the review and is in favor of forming this committee. Councilor Wheeldon would be the council person on the committee. City Council Meeting "1-97 2 2. Request of Hospital Administration for Council approval of proposed expansion of surgical wing at Ashland Community Hospital. Jim Watson, Ashland Community Hospital Administrator and Peggy Cockrell, Human Resources Director and Special Projects requested approval under the terms of their lease agreement 8.2b which required approval anytime there is to be major alteration to the hospital. There are two triggers, one where there is any alteration over $100,000 or any alteration that changes the exterior walls. This project exceeds both of these triggers. The purpose of the expansion request is to meet a growing need for additional space in their surgical department. The hospital currently has two surgical theaters. Watson submitted graphs to council which outlined growth of 134% in out-patient surgical procedures and significant growth in special studies. Peggy Cockrell explained to council the addition and use of space involved in the expansion of the hospital. Construction costs have been budgeted with the first phase at $857,000 and further costs for phases to be determined later. Councilors Hagen/Hauck m/s to approve request. Voice vote: all AYES. Motion passed. 3. Discussion of Funding of Siskiyou Boulevard Planning Process. Janine Ellsworth/660 B Street and Russell Rickert/164 Almeda/Members of the Bicycle Safety Committee. Would like to get information to the community as to what plans are being made. They believe that to have an artist rendition would be the best way to show the proposed plans. Council is requested to make available education fund monies, that are currently budgeted, and use it for this project. �11(.dAun Councilor Hagen spoke regarding dispelling the idea that e p will be lost with the bicycle plan. Rickert stated that the design did not inc owing the medium strip. Council discussion regarding this being the next step in the planning process of Siskiyou Boulevard and whether there is a need for this much detail. It was commented that the next step of planning is public information. Council shared the difficulties involved in areas of the city that are not bicycle friendly. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "An Ordinance Adopting the North Mountain Neighborhood Plan, Changing the Comprehensive Plan Map and Zoning Map Designations for the North Mountain Area, Adding Chapter 18.30 NM No. Mountain Neighborhood to the AMC Land Use Ordinance, Modifying Section 18.62.070.M of the Land Use Ordinance, and Adding Section VII `North Mountain Neighborhood Design Standards' to the Site Design and Use Standards." City Council Meeting 401-97 3 Councilors Hagen/Wheeldon m/s to approve second reading of Ordinance # 2800. Roll call vote: Hauck, Hagen, Wheeldon, DeBoer and Laws, YES. Motion passed. 2. Reading by title only of "A Resolution Setting Forth Policies on Expenditure of Monies from the Arterial Street Assistance Account in the Capital Improvement Fund." City Administrator Brian Almquist read resolution with the purpose of clarifying the account which added additional recommendations from the committee on Local Improvement District policies. Councilor Wheeldon commented on some of the challenges that face residents on arterials and requested council to consider providing an additional 25% for sidewalks out of this fund for arterials. Wheeldon suggested a modification to provide one half of traffic calming expenses. Wheeldon felt that the more specific this is, the easier it would be to see how useful this could be. Councilor Laws pointed out that this is an ongoing fund and will take time to accumulate and asked if it would be possible to look at a set dollar amount that could be borrowed against. Almquist agreed that during the first year, this could be done up to $50,000 and initiated as of July 1, 1997. Almquist clarified with council that amendment to resolution would be to add one half of traffic calming expenses to Section 2(d) and that the resolution that contains the sidewalk policy would be amended to increase arterial streets to 50%. Councilor Laws discussed putting the additional 25% of the sidewalk match in something more flexible so that council could be more discretionary with the use and priority of this 25%. Wheeldon explained that there is a $20,000 sidewalk fund for links which is prioritized, and also $30,000 which is available for residential LED's. There was question as to favoring arterial streets or other streets for the extra incentive money. Mayor Golden commented that there are a number of arterial streets that do not have sidewalks and the problem is that some of the older neighborhoods and have been developed without sidewalks. These arterial streets tend to need a safer place for pedestrians than other residential areas that move more slowly. There is a tendency to travel at a higher rate of speed on arterials along with volume of traffic. Golden suggested that council consider amending the resolution to include a primary emphasis in arterials with a secondary, so that if a project comes up that is of concern, based on volume and needs in terms of pedestrian traffic, that the council would have the option to be more discretionary. Councilors Laws/Wheeldon m/s to approve Resolution #97-15 with the proposed amendments to Section 2(b) and 2(d) with clarification that primary focus will be arterial streets allowing the council to use discretion in other areas where there may be extenuating circumstances that would demand additional funds to retrofit. Roll call vote: Hagen, Wheeldon, DeBoer, Laws and Hauck, YES. Motion passed. City Council Meeting 4-01-97 4 3. Reading by title only of "A Resolution Amending the City's Deferred Compensation Plan." City Attorney Paul Nolte clarified for council that this proposed resolution is in response to a change in Federal Law regarding Deferred Compensation Plans. It requires that those funds set aside for deferred compensation be placed in a trust not owned by the city. Councilors Wheeldon/Hauck m/s to approve Resolution k97-12. Roll call vote: Wheeldon, DeBoer, Laws, Hauck and Hagen, YES. Motion passed. 4. Reading by title only of "A Resolution Supporting the Efforts of the Patrons of I Ithin Park and The Ashland Parks Foundation to Identify Funding Sources for the Restoration of Lithia Park." Councilors Wheeldon/Hagen m/s to approve Resolution #97-14. Roll call vote: DeBoer, Laws, Hauck, Hagen and Wheeldon, YES. Motion passed. 5. Reading by title only of "A Resolution Supporting a Proposed Serial Tax Levy by Jackson County Fire District No. 5 and Clarifying Automatic Aid Policies." Fire Chief Woodley and Dan Marshall, Fire Chief for Fire District No.5 presented resolution. Shared concerns regarding the consequences if the proposed serial tax levy by Jackson County is passed. Stated that Ballot Measure 47 and the corresponding reduction in revenue are placing extreme burden on the financing ability of Fire District No. 5 and their ability to maintain current services. Fire District No. 5 has proposed on May 20th a serial levy to restore anticipated loss of revenue as a result of Ballot Measure 47. If this levy does not pass, it will affect the relationship between the City of Ashland and Fire District No. 5. Currently, Fire District No. 5 back-ups the City of Ashland and vice-versus to Fire District No. by the City of Ashland. Woodley stated that if Fire District No. 5 ability to provide first response service in their district is diminished or eliminated as result of loss of funding, that will impact the City of Ashland under the current arrangement. Woodley commented that he expects rural residents will expect the City of Ashland to provide first response service. This would put a strain on fire protection within the city and jeopardize the level of services currently available. If the levy fails, he believes there would need to be an adjustment in the agreement and residents of their district would need to be aware that the City of Ashland will have to adjust the level of service they are willing to provide. Woodley proposes for city policy, that if the levy fails, that the city not commit our resources to a first response if District No. 5 does not already have equipment responding or on the scene. Marshall spoke regarding the impact to the service areas that encompass the Ashland area and how it would affect Fire District 5. Councilor Laws commented on the importance of the relationship between the city fire department and Fire District No. 5, but believes that it is wrong for a government to tell the City Council Meeting 4-01-97 5 people of another government how to vote or to even urge them to vote in a particular way. Stated that he is opposed to Section 1 of the proposed resolution and that Section 2, the way that it is worded, almost seems like a threat. Laws would rather see the word "shall" changed to "may". Mayor Golden commented that if the citizens who live in the county choose to not support the serial levy, thinking that the city will respond at the city taxpayer dollar and that this will cost them nothing, they need to understand that the reason the city responds is because of the relationship enjoyed with Fire District No. 5. Golden felt that the residents in the county need to be made aware of the reality. That, if Fire District No. 5 is not there, the City of Ashland will not be there. The first obligation of the city must be to the taxpayers of Ashland that are within the city limits for fire protection. Council discussion regarding their taking a position on the impact of supporting this resolution. There was general agreement among council that there was importance of informing voters of the impact of this serial levy should it fail. Councilors DeBoer/Wheeldon m/s to approve Resolution /197-16 with amendment to Section 2, first sentence changing "shall" to "may". Discussion: Marshall commented on the worst case scenarios including layoff of employees, Woodley commented on the moral responsibility of supporting and informing voters. Laws commented on the uncovering of the ambiguities surrounding the failing of the levy and to go beyond stating "may" is a mistake. Roll call vote: Hauck, Hagen, Wheeldon and Deboer, YES; Laws, NO. Motion passed 41-1. 6. Energy Sales Agreement between PG&E Energy Power Services and the City of Ashland, Oregon. City Administrator Brian Almquist read memo that outlined the Power Sales Contract Replacement. Councilors Hauck/Hagen m/s to approve agreement. Voice vote: all AYES. Motion passed. 7. Contract with Rogue Disposal. Conservation Manager Dick Wanderscheid, Jackson County representative Brad Prior and Rogue Disposal representative Don Cordell presented contract to council for Rogue Disposal. Wanderscheid gave brief oral report which outlined the change of Valley View Landfill to Valley View Transfer Station in January 1997, which no longer accepts solid waste. Presently Ashland Sanitary is hauling Ashland's garbage to southstage in Jacksonville and that landfill is scheduled to close in December 1998. After December 1998, Dry Creek Landfill in White City will be the only remaining operating landfill in Jackson County. Dry Creek Landfill has an agreement with Jackson County. The proposed agreement to the council refers to this agreement between the county and Dry Creek Landfill. City Council Meeting 4-01-97 6 Agreement has been reviewed by City Attorney Paul Nolte with suggested minor changes amended to the contract, these changes have been incorporated into the agreement. The agreement between the city and Dry Creek Landfill requires the city to acquire our solid waste franchisee to deliver solid waste to Dry Creek Landfill. In exchange for this, Dry Creek Landfill agrees to maintain a sufficient capacity at their disposal site for Ashland's waste and establishes tipping fees that were determined in the county agreement. Franchise agreement with Ashland Sanitary will need to be brought back to council to include this requirement prior to their switching over from Jacksonville to White City for approval. This same agreement has been approved by the City of Medford, Central Point, Phoenix and Jackson County. Brad Prior, Jackson County Sanitary spoke regarding the agreement including tipping fees, setting of rates, and other items covered in the agreement. Explained that is an extension of an existing agreement for solid waste disposal and landfill capacity. Services will remain the same. Councilors Hagen/Wheeldon m/s to approve contract. Voice vote: all AYES. Motion per• OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon requested that the Ashland Watershed Partnership Preliminary General Findings & Recommendations be placed on the agenda. Councilors Wheeldon/Laws m/s to approve placement of this item on the agenda. Voice vote: all AYES. Motion passed. Scott Kurtz and Rick Landt presented preliminary General Findings & Recommendations. Commented that this group had made a commitment to assess the effects of the flood and make recommendations based on their on-ground observations. Believe that there may be many uses for this information and suggested ways that the city could immediately begin putting this information to use. Suggested that the relevant recommendations in the document be incorporated into the work that OTAK has been contracted to do for the city. They would also like to begin establishing a working relationship with city staff. Commented that they are currently setting up a meeting with Planning Director John McLaughlin, Assistant City Administrator Greg Scoles, Conservation Manager Dick Wanderscheid and Public Works Manager Dennis Barnts to discuss these recommendations, costs and implementation. Requests council support with these meetings. Additionally, they would urge that the work that the city is currently doing be limited to restoring vital services until a comprehensive plan of action, including public review and input is completed. City Council Meeting 401-97 7 Some of the recommendations presented are as follows: 1) A process be created where city staff can utilize the resources of the Ashland Watershed Partnership; 2) An assessment of all stream flow impediments in the floodway for their potential for debris collection; 3) Re- evaluating the FEMA and City designated 100 year flood plain maps to insure accuracy and adequacy for prediction of flood elevations throughout Ashland watersheds; 4) Explore an alternative concept of Arizona crossings (low areas in roads at stream crossings where water goes over the road during floods, and through small culverts during normal flow periods) adjacent to creed road crossings, and in place of culverts and bridges for non-essential roads; 5) Stronger enforcement of City ordinances that prohibit fill within the floodplain and require that all illegally placed fill be removed; 6) Flow data be utilized; 7) Exploring the use of bioengineering; 8) Retention of all riparian trees; 9) Weather station established; 10) Notification requirement by ordinance that requires landlords notify renter(s) of floodplain status; 11) A comprehensive evaluation of what information and/or plans will increase the City's ability to respond to emergencies; 12) Evaluation of all streets, sidewalks and other impervious surfaces within the 100 year floodplain for appropriate grade and slope; 13) Ashland watershed be assessed as soon as possible; 14) Assessing and exploring opportunities for improving anadromous fish habitat in Ashland and Bear Creeks and 15) Feasibility of using sediment traps, stormwater detention ponds, and other types of constructed wetland systems to provide stormwater treatment. Councilor Laws clarified that staff was directed at the first meeting after the flood, that no action would be taken beyond what was absolutely necessary until a study had been made about what should be done in the future. It was suggested that the group come back after having met with staff at the first meeting in May with a progress report. Wheeldon informed council of forum that would be taking place on April 23rd hosted by the Chamber which will provide information on issues surrounding Measure 47, flood issues, Park renovations and the Flood Bond. Wheeldon reminded all of upcoming Budget Committee meetings and encouraged public to attend these meetings as well as the sub-committee meetings. City Administrator Brian Almquist shared with council that for the past number of years there has discussion of inter-related issues dealing with delivery of water from the Talent Irrigation District system and the possibility of blending our treated effluent water with the TID water in the east Ashland lateral at Oak Street and Eagle Mill road. Almquist attended a meeting in April with all the area irrigation districts in the Rogue Valley hosted by the Federal Bureau of Reclamation. The purpose of the meeting was to identify projects throughout the rogue basin that would result in water conservation. BOR has allocated 1 million dollars to study water saving projects in the Deschutes and Rogue basins. The allocated funds need to be spent by September 30, 1997. City Council Meeting 401-97 8 Almquist stated that he had discussed a potential project with TID manager Holly Cannon which is outlined in a concept paper between the City of Ashland and Talent Irrigation District submitted to the council. The concept paper covers topics that have been discussed for the past number of months. The basis of this concept would be study to the feasibility of using funds currently allocated for the spray irrigation component of our sewage treatment upgrade for the Imperatice property. The component of that project is estimated at between $1,500,000 and $2,000,000 to build the system to spray irrigate the property with additional ongoing electrical costs to pump the water. The potential project would take the $2,000,000 and spend it on the Ashland Lateral Canal to pipe the canal out to the Greensprings Power Plant. Almquist commented that the estimate to do this project may be around $3,500,000 to do this project. BOR grant money and other sources would be sought to help with funding. Stated that the project could have a number of benefits for the city, including delivery of water could be taken at anytime, estimated annual savings in water range from 13-15 cubic feet per second, this project would provide additional augmentation of cold water into Bear Creek and would provide a continued control of possible pesticides/herbicides spill into the water system. Almquist proposed that the City of Ashland contribute up to 25% of the costs, costs not to exceed for the City of Ashland $25,000 of a major study of all these different elements. Most of the study would be funded by the BOR grant and the estimate for total costs is around $100,000. Councilors Hauck/Laws m/s to place item regarding authorization of work with Bureau of Reclamation and Talent Irrigation District on agenda. Voice vote: all AYES. Motion passed. Councilors Laws/Hauck m/s to approve authorization for City Administrator to work with BOR and TED on a grant application. Voice vote: all AYES. Motion passed. ADJOURNMENT Meeting was adjourned at 8:57 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor City Council Meeting 401-97 9 "NATIONAL HISTORIC PRESERVATION WEEK" WHEREAS, the historic houses and buildings of Ashland help make our City unique and provide links with aspirations and attainment of the City's pioneers and their descendants; and "a WHEREAS, these fine examples of 19th and early 20th century buildings 6Z contribute to an appreciation of our heritage; and V 0101"I WHEREAS, preservation of these ties with our history helps avoid a sameness it that in some communities makes for a feeling of rootlessness and i lack of sense of place; and 16-6 WHEREAS, National Historic Preservation Week provides an opportunity to .... recognize the value of Ashland's historic resources and encourages their preservation for future generations. NOW, THEREFORE, 1, Catherine M. Golden, Mayor of the City of Ashland, do hereby proclaim the week of May 11 - 17, 1997 as: rat 5111 —5, "NATIONAL HISTORIC PRESERVATION WEEK" A and call upon the people of Ashland to recognize and participate in this observance. fR Dated this 15th day of April, 1997, Barbara Christensen, City Recorder "d N Catherine M. Golden, Mayor 10 -N" vI, --W ............ R-RIII ...... . . A, ixx. .I M'It i..is .1\I �hn/ '•f' 1 rl/y\II,�,� al" u/n,10 n f � '-yr �\ ^" 'tl S l� M �I/`'(P ��Mr �' �/1 '�^if: �� ,,y %��i~'`;f > ' T ;r.'� /a 'M� '! TI�'`•�' Y% "(s.w F't^��...EB< (�11 •a(�"� � -.'; {° PROCLAMATION i?M WHEREAS, one out of four women is the victim of a completed sexual assault during [heir lifetime; and ;-•(life; =, 3" WHEREAS, thirty-three percent of rape victims consider committing suicide compared ` to eight percent of non-crime victims; and . %ml WHEREAS, in 1996 there were 359 reported sexual assault incidents in Jackson 1:k1))� .' County; and WHEREAS, almost two-thirds of victims of completed rapes do not report the crime IJ> rid h to the police; and lit,, SaEF�\ WHEREAS, illegal drugs that enhance the chance of sexual assaults are now more =tjl available in Oregon; and ;:{( WHEREAS it is necessary nary to emphasize the need for active citizen involvement in qVrl. efforts to reduce sexual assault through education and changes in public attitudes AND 10 .' to publicize services that are available to survivors of sexual assault AND to increase community support for agencies providing sexual assault crisis services: `•`t(j% NOW THEREFORE, I, Catherine Golden, Mayor of the City of Ashland, Oregon; do _ ?.(((Jj} hereby proclaim the month of April, 1997 as SEXUAL ASSAULT AWARENESS MONTH ilia , -s. in Ashland and urge all citizens to become more aware of the community problem of sexual assault and help provide for a community solution. -�•(( 7=(- 1 E41% Dated this 15th day of April, 1997. ::;: :.•'i al ... F 0- Barbara Christensen, City Recorder All r:;„ Catherine M. Golden, Mayor OKI,>, �. .. �w ��,.� v i '��I -'• - t�// oo'. ,�`M �`vJi s� 64 �' : s 1` 'A 1nlSj A t' \ is a rt',`� A --•t :. \ S' ,\. S �'-' \� N r 6 "f.—>A p nn'h. • t -I n r'l",-� t +✓ a1. ^ �fm /m':. �S , n°mw f �f . tl•/i�� -'x _ � 1\ //N , 1 1 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 11, 1997 CALL TO ORDER The meeting was called to order by Chairperson Jarvis at 7:05 p.m. Other Commissioners present were Armitage, Hearn, Bass, Gardiner, Howe and Carr. Absent members was Giordano. Staff present were Molnar, Hanks, and Yates. APPROVAL OF MINUTES OF FINDINGS Carr moved to approved the Minutes and Findings of the February 11, 1997 meeting. The motion was seconded and approved. Bass abstained because he was not present. PUBLIC FORUM No one came forth to speak. TYPE III PUBLIC HEARINGS PLANNING ACTION 97-027 REQUEST FOR AMENDMENT OF SECTION 18.72.040 AND ADOPTION OF SECTION 18.72.180 OF THE ASHLAND MUNICIPAL CODE RELATING TO WIRELESS COMMUNICATION FACILITIES. APPLICANT: CITY OF ASHLAND STAFF REPORT Molnar said the initial draft of the ordinance was discussed in December. The wireless communication Industry has been successful in its demand for service. The City wanted to develop an ordinance that speaks directly to installation of facilities as they cannot be banned from the City as per the Telecommunications Act of 1996. Certain standards, however, can be applied. Molnar introduced Adam Hanks, the City's Code Compliance Officer. Hanks has done most of the research and the initial draft of the ordinance. At the Study Session one issue that came up was concern about allowing tower facilities in any type of residential district, however, the prohibition of these facilities did not get into the draft so there Is a short memo that suggests inclusion. Also, there was some language in the ordinance that these types of facilities be subject to any special restrictions that might be dictated through the Airport Master Plan, specifically the conical and horizontal surfaces that surround the airport restricting penetrating of structures into the three-dimensional flight areas. Staff added a standard #9 as noted in the Staff Report. This area is different than the AO (Airport Overlay). Having standard #9 would probably exclude a large area which Staff felt would be some of the better areas to focus some of these structures, mainly the area around Croman or the Jefferson/Washington Industrial Park. Therefore, Staff would like to delete standard #9 and leave it up to FAA regulations which allow for these structures but might have special standards for painting or lighting. This proposed ordinance will be added to the Site Review Chapter and each application would be subject to a Staff Permit review. Molnar reviewed each section of the proposed ordinance. Carr suggested adding to Section 2(A)6, "Any exterior change to 'any' structure.. Armitage wondered If there are places being excluded that are better than other places. Have we built ourselves a box that we will have to change later. For example, the worst place Armitage can think of to place a tower would be the Railroad District. Molnar said that is the biggest area in question. The area Is quite visible with construction in the area being mostly one-story. Bass was concerned about the noticing range during the Staff Permit process. Molnar said it could be noticed more than 100 feet and/or place a notice sign at the site. _. Jarvis found under definitions that it is unclear what 'facilities" are If they are not WCF. Armitage noticed in 18.72.180(B)3 the words "minimal visual Impact". Is there something else in the Site Design Standards that ties to landscaping that would apply to the associated equipment that would need to be hidden? Molnar suggested getting rid of the word 'minimal" and insert "diminished". Jarvis wondered how "other antennas" (18.72.170) are handled. Molnar said the representatives of SOSC have raised questions about that too. There have been discussions with the City Attorney about tying the definition for antenna with the definition for wireless communication facilities so it is obvious 18.72.170 pertains to those facilities that provide a type of commercial communication service. Hearn agreed limiting it to commercial use or perhaps non-profit use. Heam mentioned that the Post Office could be exempt from local zoning If the property is owned by the federal government. Hanks said the Ashland Post Office is on leased property. Molnar said Bruce Moats, SOSC would like the Commission to consider deleting 18.72.040(A)(5)(a), where wireless communication facilities are subject to Conditional Use Permits. Added to (c), it would only be a CUP when a facility exceeds 80 feet in height and are located within 300 feet of a residential zone. Molnar said Staffs concern is going to that change would be dramatic. If the facility was 79 feet it could be right at the edge of a residential zone, making it subject to site review but not a CUP so some of the power to amend the proposal would not be there. Howe asked about a modification of the definition of antenna (18.72.020(A)1, 2, and 3). Molnar suggested the following wording: "...include but are not limited to the following types...". Howe noted a change In 18.72.020(A)2, change "...an arc 'or' 120 degrees...°to "...an arc 'of 120 degrees". BRUCE MOATS, 1043 Canyon Park Drive, said he is representing SOSC. He said the college has concerns about the broad definition of wireless communication facilities and in addition seeking to Impose on the college the CUP process for everything that falls under the definition. The language he proposed wouldn't encompass everything and if Staff works with the City Attorney on language, that will be acceptable to the college. PAT ACKUN, 322 Bridge Street, stated the SO zone is in her backyard. She noted from a student paper that at the Study Session it was discussed since there was already a 70 foot concrete wall and 80 foot light standards (stadium), of course this would an appropriate place to have monopoles. She believes that the SO zone Impacts a number of residential areas and hers in particular. She is not anxious to ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES MARCH 11, 1997 have what view she has left obscured with monopoles of any height. It appears with the proposed ordinance, the Commission has willingly excluded all other residential areas in Ashland yet right over the boundary of the SO zone, it just takes a CUP to install a monopole. Acklin suggested striking 18.72.040(A)5(a) and adding the exclusion of the SO zone in the memo addendum (e). Carr asked If we had any expert at City Hall that would say you can get the same result from a shorter pole? Molnar said the standards are set up so the burden of proof will fall to the applicant. Acklin wondered If the monopoles can be placed in the M-1 and E-1 zones, why would they-be needed within the SO zone with a CUP? Jarvis asked why Acklin felt it would be an imposition on the neighbors. The neighbors the Commission hear from prefer a CUP. Acklin believes the community tends to over indulge themselves in CUP's. The stake in the political life in her neighborhood is not as great as it is in other neighborhoods because there are many rentals with college students. Carr wondered about using wording that would make sure it was related to a function of the college. Armitage asked why North Mountain and the HC zones were excluded. Molnar said the primary reason for including the SO zone is because it is a very large area in the center of town that has different topographies. There are currently structures, buildings, and light towers on campus that are of a scale compatible to the monopoles so there might be opportunities to locate a tower on the SOSC campus. In the Telecommunications Act the FCC is required to assist state property to provide opportunities for facilities. Bass suggested an additional buffer around the edge of the campus so a facility would be pulled Into the campus. Howe considered that communication could be put all over SOSC as long as they are not on individual towers. Jarvis thought with the CUP, it would allow all the issues to come out and the Commission and Council could say"no you can't put them there If they are obtrusive`. SPENCER VAIL, AT&T Wireless Services, Land Use Planning Consultant, 4505 N. E. 24th, Portland, OR 97211 RON FOWLER, Real Estate Manager, 1600 S. W. Fourth Avenue, Portland, OR 97201 spoke. FOWLER said ATT&T is presently involved with 17 to 20 code rewrites in the state. They have been looking for two sites in Ashland. It looks like the sites they are focusing on would be acceptable under the proposed code revisions. Ashland is a city of very low buildings. The proposed code has to look down the road and acknowledge there will be other providers with different needs. Technologies cannot work on buildings less than 60 feet in height. It is line-of-site technology which is why the height Is necessary. In the future, companies will be using wireless office services. Many companies are asking for this service. Fowler questioned why the hospital was excluded as hospitals are asking for this service. Because residential is excluded, it basically excludes the town. Common places used for towers are water tanks, school property, and churches and the proposed ordinance excludes those placements. Fowler said there are alternatives to monopoles such as dock towers and other objects that become an outstanding architectural feature of the community. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES MARCH 11, 1997 VAIL said a concern is the meaning of the word 'facility'. Does it refer to things mounted on structures such as a water tower or church. He would like the Commission to clarify that definition so there is a distinction between antennas mounted on a freestanding tower and antennas mounted to other existing structures. That may help differentiate between what needs CUP's and what does not. He also referred to the definition of commercial activities. Ownership should not be a consideration in determining a land use impact. Vail said he would be happy to share definitions arrived at by other cities. They have limitations In placement of facilities. Vail asked If monopoles will be considered structures. That should be defined. He asked the Commission to reconsider 18.72.180(B)7—they don't want to be limited in their design options. Fowler wondered why the airport overlay zone was excluded. This is the area where most cities place facilities. The FAA carefully monitors facilities. Fowler questioned the proposed ordinance with regard to restoring property to its original state when sometimes people do not want it restored. Vail said he believed some latitude should be given If adding an antenna to a pole If the City wants to encourage collocation in any way. Carr would like to see more information than what is in front of the Commission tonight. She was hopeful Vail and Fowler could send the material they have so the Planning Dept. can review before the next meeting. Molnar said it be worthwhile to review the new material and make changes to the ordinance for next month's meeting. Fowler passed around some pictures of the antennas. Fowler said they have been talking to Croman about locating a pole. The rule of thumb, unless there are a lot of terrain issues, is the pole would be about too feet in height in order to dear the trees. Gardiner mentioned a facility in Medford located behind Larson's furniture. The pole is 125 feet high. There is a building that houses equipment inside. The equipment houses are pre-fab. Fowler said they are considering the Mark Antony as a possible site. Knox wondered if the Commission can give direction to Vail and Fowler. What Staff was trying to do with this ordinance is to reduce visibility and work toward something aesthetically pleasing. Hearn said there is such a wide range of design options, that it would be hard without a CUP to cover all kinds antennas, towers, etc. Vail asked if the Commission wanted to have a definition that separates freestanding structures from antennas mounted on something different. Would they allow collaction in residential areas, given the right design? Jarvis added that the process needs to be discussed as well (Type I or Type II). Carr moved to continue PA97-027 to the April 8, 1997 Planning Commssion meeting. Howe seconded and all Commissioners approved. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES MARCH 11, 1997 OTHER Howe asked about the sidewalk that goes toward the new SOSC housing. The area to the uphill side of the railroad tracks is not filled in. Bruce Moats, SOSC responded that the area was left that way pending the resolution of the new bike path. ADJOURNMENT The meeting was adjourned at 9:25 p.m. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES MARCH 11, 1997 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MARCH 11, 1997 CALL TO ORDER The meeting was called to order by Jenifer Carr at 1:45 p.m. Other Commissioners present were Barbara Jarvis and Mike Gardiner. Staff present were Molnar, Knox, and Yates. _. PLANNING ACTION 97-018, 661 B Street, Darrell Boldt, has been postponed until next month. TYPE II PUBLIC HEARINGS PLANNING ACTION 96-143 REQUEST FOR A SITE REVIEW TO CONSTRUCT A SECOND RESIDENCE AT THE REAR OF THE PROPERTY LOCATED AT 136 N. SECOND STREET. APPLICANT: MARY NELKE Site Visits and Ex Parte Contacts Site visits were made by all. STAFF REPORT The request is to add another unit (1,036 sq. ft.) on the rear of the lot. There Is an existing home on the lot located near the from of the lot. The Historic Commission initially had many concerns about the mass and architecture of the added unit. The Commission is seeing the redesign by the applicant. Overall, Staff believes the building is compatible with structures In the area. The existing driveway off Second Street will be eliminated, reframed with curb and replanted with grass. The sidewalk will lead to the new unit to the parking area off the alley. Jarvis asked Knox to address Turner's letter of today referring to violation of setbacks. Knox presumed he meant solar setback standards. This Is a class B lot and the proposed building would meet it by a few feet. Knox said the proposed two-story structure is very consistent with the other homes in the area in relation to size and lot coverage. Molnar said the biggest contrast is the height of the building compared with some of the out buildings off the rear alley. Most rear lots have garages. The Historic Commission approved the application. The Historic Commission minutes reflect their review. PUBLIC HEARING DON GREENE, 375 Normal Avenue, is representing the applicant, Mary Nelke. The project has been evolving for a number of months. Greene explained he got rid of the first plan Nelke had done. They noticed the neighborhood is predominantly craftsman style, mostly one and one-half story. The heights of homes vary from about 17 feet to 28 feet. The proposed structure will be about 24 feet, craftsman styie. The various planes lengthens out the house. The dormer is similar to others in the Railroad District. They tried to match the elements on the back of the house. The lot coverage is similar to other houses in the area. There are places where there are larger buildings in the rear. Jarvis referred to Tumees letter and asked Greene about Nelke's proposed deck. Greene responded there is a heavy hedge already there but he would have no problem Insuring that a planting to maintain privacy be installed. Suggested wording for Condition 8 would be: 'That a site obscuring hedge on the deck side would be maintained at six and one-half feet. CARLYLE STOUT, 215 Laurel Street, Medford, OR 97501, explained at the last Historic Commission meeting they unanimously approved the applicant's design. He suggested the Hearings Board rely heavily on the Historic Commission recommendation. In referring to the Site Review Standards, the structure is not as large as some structures nor is it as small as some, ft has similar architecture and s is pedestrian oriented. It complies with infill. Stout believes the Historic Commission addressed Turner's letter. The criteria have been addressed. GARY TURNER, 108 N. Second Street, said the structured changes are favorable but there are still problems that exist. The proposed structure is a two-story building being placed back from the line Of homes that is uniform all the way around the block. All structures front on their respective four streets that form this block. This proposed structure is going toward the back of the lot. It will look like a sentinel post in the middle of the block. The deck exacerbates that problem. If the Commission approves the project, it will be a bad precedent. The applicant could build a one-story structure with a larger footprint. It will loom over the house in front. According to the Site Design Standards, it should be set dose to the street Every back yard will be invaded to some extent. Jarvis commented that It does not matter if the house is one story or two, it will still violate the standard If Tumer's argument is that the house is not locating its front facade along the same plane as facades of adjacent buildings thereby violating the existing setback. Turner said the principal structure on the property is going to be the new building and it is going to be set back. It will make a difference because of its appearance. Turner feels a higher structure in front would not be objectionable. Rebuttal Greene thought more of these infill projects will be coming forward and that is positive. Loss of privacy is a concern and they have tried to mitigate that with decks on the opposite side nearer ICCA and the church parking lot. Staff Response Jarvis asked Staff to respond to setback issue. Knox does not believe it pertains to infill situations. Anything would violate the standard. The illustrations in the Site Design Standards are all streetscape. Molnar said that is what has made this application difficult and these kinds of situations will occur. It is important to balance development. COMMISSIONERS DISCUSSION AND MOTION Gardiner moved to approve PA96-143 with the attached Conditions and the added Condition 8, "That a site obscuring hedge along the north property line be installed using a minimum five gallon container size'. Jarvis seconded the motion. Jarvis had some problems with the application, however, the scale of the building is not a problem. The setback standards bother her but she did not feel Turner's argument that a one-story would help, did not 2 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MARCH 11,1997 make that problem any better. The privacy issue was not significant enough to not approve. The motion carried with all Commissioners voting "aye". TYPE I PLANNING ACTIONS PLANNING ACTION 97-017 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO THREE PARCELS LOCATED AT 526 FORDYCE. REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT ACCESSORY RESIDENTIAL UNITS INTEGRATED WITH THE DETACHED GARAGE. REQUEST FOR A PHYSICAL AND ENVIRONMENTAL CONSTRAINTS TO REALIGN ROCA CREEK CHANNEL APPLICANT: TOM FRANTZ Molnar said that the realignment of Roca Creek will be dealt with by a contracted engineer. This action was approved. PLANNING ACTION 97-019 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT MINI- WAREHOUSE UNITS AND MULTIPLE COMMERCIAL BUILDINGS ON THE PROPERTY 1055 AND 1085 BENSON WAY APPLICANT: JERRY TONEY This application has been postponed. PLANNING ACTION 97-020 REQUEST FOR FINAL PLAN APPROVAL FOR A FIVE LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION 1452 OREGON STREET APPLICANT: EVAN ARCHERD This action was approved. PLANNING ACTION 97-021 REQUEST FOR A SITE REVIEW TO CONSTRUCT AN APPROXIMATELY 54,153 SQUARE FOOT CLASSROOM ADDITION AND AN APPROXIMATELY 14,905 SQUARE FOOT GYMNASIUM ADDITION 100 WALKER AVENUE (ASHLAND MIDDLE SCHOOL) APPLICANT: ASHLAND SCHOOL DISTRICT This action was approved. PLANNING ACTION 96-140 REQUEST FOR A CONDITIONAL USE PERMIT TO TRANSFER OWNERSHIP OF A ONE-UNIT TRAVELLER'S ACCOMMODATION 111B STREET APPLICANT: CLARENCE LONGLEY ASHLAND PLANNING COMMISSION 3 HEARINGS BOARD MINUTES MARCH 11, 1997 This action was approved. ADJOURNMENT The meeting was adjourned at 3:00 p.m. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES MARCH 11, 1997 Monthly Building Activity Report: 01/97 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDENDUM TO #9608021 1 2, 500 ENTRY VOIDING 9611059 -1 -89, 335 FENCE 2 2, 500 INTERIOR REMODEL 1 18, 000 MANUFACTURED HOME 1 38,500 PERIMETER DRAIN 1 600 REBUILD & EXPAND GARAGE 1 8, 500 REMODEL 1 2 , 500 REMODEL & ADDITION 1 250, 000 REPLACE FOUNDATION 1 8, 000 REROOF 1 2, 800 RETAINING WALL 1 5, 200 SFR 5 676, 846 SPECIAL INSPECTION 0 TOWNHOUSES - 4 UNITS 8 743, 320 WOODSTOVE 1 1, 200 Subtotal: $ 1, 671, 131 Electrical: 1 BR CIR FOR GAS FURN 1 125 ADD 10 BR CIR TO 10 ROOMS 1 2 , 000 ALTER SERVICE/8 BR CIRS 1 1, 200 TEMPORARY POWER 1 55 Subtotal: $ 3 , 380 Mechanical: GAS LINE/FURN/AC/2 BR CIR 2 10, 526 GAS LINE/FURNACE/l BR CIR 1 1, 782 GAS LINE/GAS DRYER 1 350 GAS LINE/GAS FURNACE 3 4, 780 GAS LINE/GAS HEATER 2 300 GAS LINE/WATER HEATER 2 880 GAS LOG SET 1 975 REPLACE OIL W/GAS FURNACE 1 1,890 WOODSTOVE 1 1, 600 Subtotal: $ 23 , 083 Plumbing: BACKFLOW DEVICE 2 2, 000 Monthly Building Activity Report: 01/97 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Plumbing: IRRIGATION SYS-COMM AREA 1 2 ,700 WATER HEATER 3 1, 125 WATER HEATER REBATE 2 725 WATER HTR/COMPLETE HEAT 1 350 Subtotal: $ 6, 900 ***Total: $ 1, 704 ,494 COMMERCIAL: Building: ADDITION 1 25, 000 CHILD CARE ADDITION/OFFIC 1 108, 573 DECK 1 1, 200 FLOOD DAMAGE REPAIR 1 400 FLOOD DAMAGE REPAIRS 2 47 , 000 HANDICAP RAMP & PLANTER 1 5, 000 INTERIOR REMODEL 1 5, 292 REROOF 1 1, 200 SPECIAL DEMOLITION 21 0 SPECIAL DEMOLTION 1 0 SPECIAL INSPECTION 1 0 TENANT IMPROVEMENT 1 20, 000 WAREHOUSE 1 200, 000 Subtotal: $ 413 , 665 Electrical: 3 BRANCH CIRCUITS 1 350 ADD & REPLACE 10 BR CIRS 1 1,400 ELECTRIC 1 750 SERVICE CHANGE 1 750 TEMPORARY POWER 1 100 TRANSFORMER/100AMP PANEL 1 2 , 000 Subtotal: $ 5, 350 Mechanical: 2 GAS PACS/SERV/3 BR CIRS 1 5, 600 GAS LINE 1 150 Monthly Building Activity Report: 01/97 Page 3 # Units Value COMMERCIAL: Mechanical: GAS LINE/FURNACE/1 BR CIR 1 1,900 GAS LINE/GAS RANGE 1 100 INSTALL HEAT PUMP 1 9, 000 RELOCATE GAS LINE 1 350 Subtotal: $ 17, 100 Plumbing: RELOCATE SINK/6 BR CIRS 1 4,500 REPLACE PLBG FIXTURES 1 50, 000 Subtotal: $ 54, 500 ***Total: $ 490, 615 Total this month: 97 $ 2, 195, 109 Total this month last year: 66 $ 1,472,506 Total year to date: 678 $20, 904, 055 Total last year: 579 $14 , 830, 308 This month This month This year last year Total Fees: 24,285 15, 485 224,776 Total Inspections: 574 451 4479 NEW CONSTRUCTION: 1/97 RESIDENTIAL PAGE NO. 1 04/03/97 ADDRESS #UNITS CONTRACTOR VALUATION ** ENTRY VOIDING 9611059 1148 VILLAGE SQUARE DR OREGON LAND DEVELOPERS -89335. 00 ** Subtotal ** -89335. 00 ** MANUFACTURED HOME 321 CLAY ST106 VALLEY RIVER HOMES 38500. 00 ** Subtotal ** 38500. 00 ** SFR 631 SPRING CREEK DR OWNER 160000. 00 1137 VILLAGE SQUARE DR OREGON LAND DEVELOPERS 89335. 00 945 JAQUELYN ST ZARE, BEN CONSTRUCTION 95627. 98 148 STRAWBERRY LN OWNER 200000. 00 279 ALTA AV MERRICK, RANDY - 131884 . 00 CONSTRUCTION ** Subtotal ** 676846 . 98 ** TOWNHOUSES - 4 UNITS 917 BELLVIEW AV1-4 4 KNECHT, ALEX 371660. 00 919 BELLVIEW AV1-4 4 KNECHT, ALEX 371660. 00 ** Subtotal ** 743320. 00 *** Total *** 1369331. 98 NEW CONSTRUCTION: 1/97 COMMERCIAL PAGE NO. 1 04/03/97 ADDRESS #UNITS CONTRACTOR VALUATION ** CHILD CARE ADDITION/OFFIC 1361 QUINCY ST ADROIT CONST. CO. 108573 . 00 ** Subtotal ** 108573 . 00 ** WAREHOUSE 1060 BENSON WY FITCH, DAVID - 200000. 00 CONSTRUCTION ** Subtotal ** 200000. 00 *** Total *** 308573 . 00 MONTHLY ASHLAND POLICE R E P O R T Vol.2 No.3 Linda Hoggatt, Editor March, 1997 Hope you had a Happy Easter! e a JOB WELL DONE to Sue Rogers for YDo dispatching this call.The case, involved a lements seriously injured 16 year old girl. It continues to necessitated coordinating the efforts of rescue personnel on the mountain, support takes notification to the hospital, as well as calling in helicopter airlift to remove the girl Skateboard Park as Cot over as from the mountain. a "solution"l acting Chief Any dispatcher will tell you how exciting it is to participate in a rescue operation, For some time now Jan Janssen, Youth even if it is from a chair in a room without Diversion Officer with APD, has been a April 1 was the first day for windows and to be part of an effort that strong supporter and spokesperson for the Mel Clements as Acting saves lives. implementation of a skateboard park for Chief of APD. Mel has been the youth of Ashland.Jan has done with the city of Ashland as a Crime Statistics: numerous speaking engagements and police officer for 25 years most recently interviewed with the Daily having begun in 1972. Tidings.Jan stated, "I think we made the ***March*** point clear that our project is solution Having been born and PART 1 1997 1996 oriented", providing a place for raised in Ashland, Mel has skateboards to enjoy their sport and their seen many changes in our Homicide friends, as well as removing the potential city, our community, and our Rape 2 0 of pedestrian/skateboard accidents from police department. Robbery 2 3 the crowded city streets during tourist Agg.Assault 0 1 season. He and his wife Karla enjoy Burglary many hobbies such as fly Residential 11 31 We support Jan in her efforts to provide fishing, scuba diving, bird Non-residential 18 0 another"solution"for the entire Ashland watching, as well as the arts Shoplifting 24 47 Community. of Ashland. Theft from MV 29 25 MV Parts-accessories 10 25 Bicycle Theft 12 19 Kudos fora Theft from building 11 8 Other Thefts 62 43 Medical Motor Vehicle thefts 2 10 is Sexual Arson Dispatching. - Assault TOTALS 192 213 Awareness Month In March an article appeared in the Daily Calls for Service Tidings about a skiing April has been designated "Sexual Assault accident that occurred on Mar 97 Mar 96 Awareness Month".All Police agencies in Mt.Ashland. It talked about the Rogue Valley have been involved in the cooperative efforts Police 835 742 this promotion. between emergency Medical Calls 145 127 services in the Rogue Fire Calls 28 21 During the month of March call in Valley. Pass Off" 3 25 programs were held on the Cable Access 911 Calls 287 308 Channel where offenders and victims held Doug Volk of Mt.Ashland ""(to another 911 center) panel discussions to bring this topic to the Ski Patrol called to express fore front. The program will be rebroadcast several times during the month of experienced the Funkadelic last April. Updates: Friday night.The dance,sponsored by The Natural Helpers, S.A.D.D, For more information on other events INVESTIGATIONS: Detectives DARE and the Ashland Police occurring in the month of April check handled 6 "person crimes",2 Department, resulted in a packed the City of Ashland Websfte for property crimes", 5 narcotics cases, house at SOSC Stevenson Union. "What's Happening"at 2 fugitive cases and 2 other cases Everything from hippy looks,to leisure www.Ashland.orus. during March.Additionally they suits,to soul train look, and even received training in bomb poodle skirts could all be found. Ener izer Bunn O1nS investigations,trial presentations, sex Everyone had a GREAT and FUN g y j abuse investigations and on time dancing to music and enjoying a forces with APD Alzheimer disease. "drug free alternative". TRAINING: Sgt Brooks attended a Chaperones as well as students Officer Teresa Selby recently enlisted seminar on Police Leadership for the danced and shared costumes of the the services of the Energizer Bunny. 21st Century: Women Implementing 50's, 60's, and 70's. One chaperone You all know that little fellow that just Change in Anaheim; Linda Hoggatt commented that the reason the room keeps on going and going and going. attended a week at Oregon Executive was so hot was all the polyester Development Institute for Police clothing that just doesn't breathe. Teresa had come into the department Management personnel at Menucha; one night to assist in a drug Ken Savage attended the Northwest It was a great success and I am sure investigation. She pulled out her usual Management Seminar in Portland; one that will be planned again for next pen light to do an eye examination, Teri DeSilva attended School year. Congrats to all the people that but it didn't work. Being resourceful, Resource Officer training in Spokane; worked hard on making this she grabbed a toy energizer bunny Bobby Smith attended a DARE Funkadelic Scene happen. light that was sitting in the front office Mentoring program in Los Angeles and it worked! Problem is she kept the bunny,took it over to the Jackson PARK PATROL: Kevin Flynn Crosswalk Talk County Jail to continue her announced that the Park Patrol for BY:Sergeant Mike Bianca investigation and left it there. Lithia Park have just completed Now our little Energizer Bunny is the interviews of applicants and will begin A crosswalks is a pathway for talk of law enforcement in Jackson hiring and training with an anticipated pedestrian crossing whether marked kick off date of May 23. Tom Cook or unmarked, at every intersection. County. Remember,Ashland is will begin his duties as the secondary always creative Our du as drivers is to stop and CAP officer on Jun 14. duty P yield when a walker is off the curb at Christmas projects are POLICE AUCTION: The Police and a crosswalk and on our half of the City Auction will be held this April 19th roadway.Additionally,whenever a year round venture at 10am behind the city electric another car is stopped at a crosswalk, shops. Preview of items will begin at we, as a driver, may not pass that for 9-1-1 center 9 am. For more information contact stopped vehicle regardless where the Wendy Svaren, 482-5211. pedestrian is. Packages are being wrapped and stored and Afghan's are being OPEN HOUSE FOR APD: The But it should be a two-way street. crocheted. Sound like December Annual open house for the Police Pedestrians must not step out projects and preparation for the Department has been postponed until abruptly in front of moving cars and holiday season to some, but it's a September 19. With Chief Brown should know that drivers of cars have year round project for our 9-1-1 Circle leaving,we have decided to waft until the right of way whether there is a of Friends project and dispatchers. a new Chief has been appointed and cross walk or not. use our open house as a time for the Courtesy,To date we've gat wrapped 60 public to not only see our facility and Y,A vareness and Patience packages for children, completed 17 our community programs, but also to are the necessary virtues to reduce Afghans and are working on more. If visit with our new Chief. vehicle/pedestrian conflicts. The you know someone who likes to police department continues to keep crochet, have them call. We will monitoring city crosswalks as to a top provide the yarn and they can throw Funkadelic 97 dance a traffic enforcement priority. in the love. huge success Additionally,to make more money for the project,we will make Afghan's Funkadelic is not in your dictionary and sell them for people who request. but what it means is"odd or quaint in For more information contact Barb appearance and style-experience" Brown, APD, 488-2211. Ashland High School Students truly CITY OF ASHLAND Department of Public Works Z Public Works Administration j= MEMORANDUM R ..REGO?,,'* DATE: April 11, 1997 TO: The Honorable Mayor Catherine Golden and City Council FROM: James H. Olson, Acting Public Works Director RE: Public Hearing for the Formation of the Fordyce Street Local Improvement District (L.I.D.) BACKGROUND: Long before the City acquired the Fordyce Street right-of-way from Jackson County (City was paid $33,950 in January of 1994 to take over jurisdiction of the right-of-way), planning approvals were requiring the signing of pre-paving agreements. A total of 25 agreements have been acquired to date representing 77 individual lots, or 17.414 acres (proposed assessment basis) of the total 23.570 acre district. The percentage in favor by agreement is 73.9%. The attached map and list show the lots "which are signed in favor" of the proposed improvement. Several neighborhood meetings have been held to finalize street design, parking issues, sidewalk locations, and the possible inclusion of a power undergrounding option. At the last neighborhood meeting a consensus was arrived at concerning the street layout, parking locations, and sidewalk details. The question as to whether or not the power undergrounding should be included in the L.I.D. was heatedly debated with no decision apparent at the end of the meeting. It was decided that a petition should be circulated amongst the assessment district to decide the status of the power undergrounding. The results of this petition indicated a clear majority opposed to the inclusion of the power undergrounding. Following is a summary of the petition. Utility Underground Petition Number of letters and petitions mailed (11/04/96): 85 Number of petitions returned: 43 Number of petitions in support of utility undergrounding: 18 Number of petitions opposed to utility undergrounding: 25 PAGE 1- (c:engineer\lid\fordcycn.Mem) Number of lots in favor by signed agreement: 15 (of the 15 lots signed in favor 13 owners sent in petitions in support and 3 were opposed) Percentage in support of utility undergrounding: 28.4% Percentage opposed to utility undergrounding: 21.5% No response: 50.1% From the 25 who responded negatively to the power undergrounding option, six (6) of those also opposed the improvement of Fordyce Street as a whole and included statements to that effect on the returned petition. NATURE OF IMPROVEMENT: Fordyce Street is to be improved with curbs, gutter, and paving. Sidewalks will be installed along both sides with parkrows and some on-street parking bays. The design has neighborhood as well as Planning approval. Major storm drain work will be required as well as replacement of much of the irrigation system. Oversize storm drain construction will be subsidized by the City. PROJECT COSTS: Another item that was considered at the neighborhood meetings was the method by which the properties should be assessed. Since many of the lots in the district have no actual frontage on Fordyce Street, it was determined that an area based assessment rate would be the most equitable. The standard front footage method of assessment has the least relevancy of any of the several methods examined. Of the 92 lots in the district only 32 (35%) have actual frontage on the street. Although an area assessment may prove to be most fair as it provides for future development, it does have a drawback as the properties are developed and street right- of-ways are deducted from the assessable area. There are positive indications that this will occur on lots 400, 800, and 1301. With the assessment rate set at current areas, the additional acreage deleted from the district may need to be made up from City contributions. As shown on the attached construction and assessment estimate, the total project costs are $239,316. This cost includes a credit of $33,950 received from Jackson County Public Works forjurisdiction transfer and a credit of$12,750 from the City to compensate for oversized storm drains. Sidewalk costs for this project are estimated at $68,000 which would qualify for full participation of $30,0000 under the sidewalk incentive program. If the full amount is available to the district each owner will be entitled to a credit of $.0008 per acre or PAGE 2- )c:engineer\1id\fordcycn.Mem) $0.0292 per square foot of lot. On a comparable Y2 acre lot the credit would be $635.58. This credit has not be included in the assessment rates published due to the uncertain nature of the funds availability. Currently there are four (4) other streets competing for these funds. FREQUENTLY ASKED QUESTIONS FROM NEIGHBORHOOD MEETINGS: Why was not Clear Creek Subdivision included in the assessment district? The developer elected to complete full %-street improvements to Fordyce at the time of construction. This practice is no longer popular. Why wads not Ashland Village Subdivision included in the district? Only those subdivisions with actual frontage on the street, or with current pre-=paving agreements in place, were included. Why was I not made aware of a pre-paving agreement affecting my lot? In most instances the agreements are signed by the developer long before lots are created or sold. The agreements should show in a title report or lien search but that is not always the case. We are currently researching ways in which these agreements will be more commonly know. It seems that the front footage method of assessment is most common, historically. Why would that not work here? From the 92 lots in the district only 32 have actual frontage on the street. Who determines what assessment rate is to be used? The City Council, of course, is the final decision maker. A multitude of options are available and several have been discussed at the neighborhood meetings. The area method has had the most support and we have therefore based the cost estimates on that method. How long do we have to pay for the assessment and is interest charged? You have 10 years to pay the assessment with at least two (2) payments to be made annually. Other payment arrangements may be available through the City Recorder's office. The interest rate is usually a point above the prime rate. PAGE 3—(c:engineer\1id\£ordcycn.Mem) Is there a possibility of deferring the assessments for elderly owners? Yes, there may be a low income, elderly deferment possible. The application may be obtained from the City Recorder. Attached Supporting Documentation: Vicinity Map L.I.D. Boundary Map Pre-paving Agreement Map Proposed Typical Section Estimate for Street Improvement List showing areas, percentages and pre-paving agreement status for each lot Current ownership list by tax lot Resolution No. 97-09 PAGE 4— (c:engineer\1id\fordcycn.Mem) RESOLUTION NO. 97- 0`j A RESOLUTION OF INTENTION TO PROVIDE FOR IMPROVEMENTS TO FORDYCE STREET CONSISTING OF CURBS, GUTTERS, STORM DRAINS, PAVING AND SIDEWALKS AND SETTING A PUBLIC HEARING. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. It is the intention of the Council to undertake the improvement described as follows: Improvements to Fordyce Street consisting of paving, curbs, gutters, storm drains and sidewalks. SECTION 2. The description of the boundaries of the local improvement district to be assessed for this improvement is: All those lots accessing of Fordyce Street between East Main Street and Munson Drive as depicted on the map attached to Exhibit A. SECTION 3. The amount of the estimated cost of the improvement made by the city engineer and the proposed allocation of the cost among the owners of the properties to be specially benefitted is: $239,316.00 Such improvements will be in accordance with costs estimated to be $239,316.00 of which all will be paid by special assessments on benefited properties. Costs will be allocated based on an area measure of approximately _ $10,153.42 per acre of each lot. _. SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland Civic Center, 1175 East Main Street on April 15, 1997, at 7:00 p.m., at which time and __. place the owners of the benefited properties may appear or submit written comments prior to or at the hearing as to why the improvement should not be constructed or —. why the benefited properties should not be assessed in the manner proposed. SECTION 5. The city recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than 30 days prior to the hearing, and by mailing copies of the notice by first class mail 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 of Exhibit "A" attached to this resolution. This resolution was read by title only in accordance with Ashland Municipal Code 42.04.090 duly PASSED and ADOPTED this day of //(tl;{r�t 1997. Barbara . Christensen, City Recorder ` SIGNED and APPROVED this .�J day of C/L4L�L 1997. Catherine M. Golden, Mayor tnaonn:v�ei.�.t City of Ashland Department of Public Works - Engineering Division Fordyce Street Proposed Assessment District February 22, 1996 (Revised 10109196) (Revised 04110197) Map & Tax Lot Percentage Area Pre-paving Description of Total Agreement 1 39-1E-10B TL 900 1.53% 0.360 Acre Yes Parcel 1, P-23-95 2 39-1E-1OB TL 901 0.51% 0.120 Acre Yes Parcel 2, P-23-95 3 39-lE-1OB TL 902 1.82% 0.430 Acre Yes Parcel 1, P-107-93 4 39-1E-1OB TL 903 0.59% 0.140 Acre Yes Parcel 2, P-23-95 5 39-1E-1OB TL 904 0.59% 0.140 Acre Yes Parcel 3, P-23-95 6 39-1E-1OB TL 1100 4.92% 1.160 Acre No 7 39-1E-1OB TL 2500 1.24% 0.293 Acre No 8 39-1E-1OB TL 2600 5.85% 1.377 Acre No 9 39-1E-IOBB TL 200 6.32% 1.490 Acre No 10 39-1E-IOBB TL 300 2.21% 0.520 Acre No 11 39-1E-IOBB TL 400 6.34% 1.491 Acre Yes Parcel 3, MLP V8 Page 91 12 39-1E-101313 TL 500 1.23% 0.291 Acre Yes Parcel 1, MLP V8 Page 91 13 39-lE-lOBB TL 600 1.25% 0.294 Acre Yes Parcel 2, MLP V8 Page 91 14 39-IE-IOBB TL 700 0.51% 0.120 Acre No Thomas Subdivision 15 39-lE-IOBB TL 701 0.67% 0.158 Acre No Parcel 1, P-115-90 16 39-lE-IOBB TL 702 0.49% 0.115 Acre No Thomas Subdivision 17 39-1E-IOBB TL 703 0.50% 0.119 Acre No Thomas Subdivision 18. 39-lE-IOBB TL 705 0.53% 0.126 Acre No Thomas Subdivision 19 39-1E-IOBB TL 706 0.49% 0.115 Acre No Thomas Subdivision 20 39-1E-IOBB TL 707 0.76% 0.178 Acre No Thomas Subdivision PAGE 1-(=:= Si=,uid\rordyu2.%%%) 21 39-1E-IOBB TL 708 0.61%h 0.144 Acre No Thomas Subdivision 22 39-1E-IOBB TL 710 0.52% 0.122 Acre No Thomas Subdivision 23 39-lE-IOBB TL 711 0.50% ' 0.119 Acre No Thomas Subdivision 24 39-1E-IOBB TL 800 7.09% ' 1.670 Acre Yes Parcel 1, P-64-1993 25 39-1E-IOBB TL 1100 0.49% 0..115 Acre Yes *Sunnyview Subdivision 26 39-1E-10BB TL 1101 0.50% Or.118 Acre Yes *Summirview Subdivision 27 39-lE-IOBB TL 1102 0.66% 0.155 Acre Yes *Summitview Subdivision 28 39-lE-IOBB TL 1106 0.58% 0.137 Acre Yes *Summitview Subdivision 29 39-1E-IOBB TL 1107 0.48% 0.112 Acre Yes *Sunnyview Subdivision 30 39-1E-10BB TL 1108 0.48% 0.--112 Acre Yes *Sunnyview Subdivision 31 39-1E-IOBB TL 1109 0.48% 0.114 Acre Yes *Sunnyview Subdivision 32 39-1E-10BB TL 1110 0.48% 0.114 Acre Yes *Sunnyview ! Subdivision 33 39-1E-10BB TL 1111 0.48% 0.114 Acre Yes *Sunnyview Subdivision 34 39-1E-IOBB TL 1112 0.47% 0.111 Acre Yes *Sunnyview Subdivision 35 39-1E-IOBB TL 1114 0.55% 0.F30 Acre Yes *Sunnyview Subdivision 36 39-lE-IOBB TL 1115 0.50% 0.117 Acre Yes *Sunnyview Subdivision 37 39-1E-10BB TL 1116 0.50% 0.117 Acre Yes *Sunnyview Subdivision 38 39-1E-101313 TL 1117 0.50% 0_.117. Acre Yes *Sunnyview Subdivision 39 39-lE-IOBB TL 1118 0.50% - 0.1'17 Acre Yes *Sunnyview Subdivision PAGE 2-(c:cnginxrkIidWordycc2.%%%) 40 39-1E-10BB TL 1119 0.50% 0.117 Acre Yes *Sunnyview Subdivision 41 39-1E-IOBB TL 1200 8.49% 2.000 Acre Yes 42 39-1E-IOBB TL 1300 1.33% 0.314 Acre Yes *Parcel 1 P-13-93 43 39-1E-IOBB TL 1301 7.11% 1.676 Acre Yes *Parcel 2 P-13-93 44 39-1E-10BB TL 1400 0.87% 0.205 Acre Yes Meadowhawk Subdivision 45 39-IE-IOBB TL 1500 0.88% 0.208 Acre Yes Meadowhawk Subdivision 46 39-1E-IOBB TL 1600 0.41% 0.097 Acre Yes Meadowhawk Subdivision 47 39-1E-IOBB TL 1700 0.64% 0.151 Acre Yes Meadowhawk Subdivision 48 39-IE-IOBB TL 1800 0.76% 0.178 Acre Yes Meadowhawk Subdivision 49 39-1E-IOBB TL 1900 0.50% 0.117 Acre Yes Meadowhawk Subdivision 50 39-IE-IOBB TL 2100 0.53% 0.126 Acre Yes Meadowhawk Subdivision 51 39-1E-10BB TL 2200 0.69% 0.163 Acre Yes Meadowhawk Subdivision 52 39-1E-IOBB TL 2300 0.71% 0.167 Acre Yes Meadowhawk Subdivision 53 39-1E-10BB TL 2400 0.64% 0.152 Acre Yes Meadowhawk Subdivision 54 39-IE-10BB TL 2600 0.73% 0.171 Acre Yes Meadowhawk Subdivision 55 39-1E-IOBB TL 2700 0.80% 0.189 Acre Yes Meadowhawk Subdivision 56 39-1E-IOBB TL 2800 0.52% 0.122 Acre Yes Meadowhawk Subdivision 57 39-1E-10BB TL 2900 0.45% 0.106 Acre Yes Meadowhawk Subdivision 58 39-1E-IOBB TL 3000 0.60% 0.142 Acre Yes Meadowhawk Subdivision PAGE 3-(o:cnginwrvfdVordyce2.%%%) 59 39-1E-IOBB TL 3100 0.67% 0.157 Acre Yes Meadowhawk Subdivision 60 39-1E-IOBB TL 3200 0.61% 0.144 Acre Yes Meadowhawk Subdivision 61 39-IE-10BB TL 3300 0.57% 0.134 Acre Yes Meadowhawk Subdivision 62 39-1E-IOBB TL 3400 0.50% 0.118 Acre Yes Meadowhawk Subdivision 63 39-IE-10BB TL 3500 0.44% 0.103 Acre Yes Meadowhawk Subdivision 64 39-1E-IOBB TL 3600 1.36% 0.321 Acre Yes Parcel 1, MOP V9, Page 39 65 39-1E-IOBC TL 5400 0.48% 0.114 Acre Yes Ashland Parkview Subdivision 66 39-1E-10BC TL 5401 0.48% 0.114 Acre Yes Ashland Parkview Subdivision 67 39-1E-IOBC TL 5402 0.48% 0.114 Acre Yes Ashland Parkview Subdivision 68 39-1E-10BC TL 5403 0.45% 0.106 Acre Yes Ashland Parkview Subdivision 69 39-1E-10BC TL 5404 0.45% 0.106 Acre Yes Ashland Parkview Subdivision 70 39-1E-IOBC TL 5406 0.45% 0.107 Acre Yes Ashland Parkview Subdivision 71 39-1E-IOBC TL 5407 0.47% 0.111 Acre Yes Ashland Parkview Subdivision 72 39-1E-IOBC TL 5408 0.52% 0.122 Acre Yes Ashland Parkview Subdivision 73 39-1E-IOBC TL 5409 0.47% 0.111 Acre Yes Ashland Parkview Subdivision 74 39-1E-IOBC TL 5410 0.49% 0.116 Acre Yes Ashland Parkview Subdivision 75 39-IE-IOBC TL 5411 0.49% 0.116 Acre Yes Ashland Parkview Subdivision 76 39-1E-IOBC TL 5412 0.49% 0.116 Acre Yes Ashland Parkview Subdivision PAGE 4-(c:engin=%Iid\fordyce2.%%%) 77 39-1E-10BC TL 5413 0.49% 0.116 Acre Yes Ashland Parkview Subdivision 78 39-lE-IOBC TL 5414 0.48% 0.114 Acre Yes Ashland Parkview Subdivision 79 39-1E-10BC TL 5415 0.43% 0.102 Acre Yes Ashland Parkview Subdivision 80 39-1E-10BC TL 5416 0.49% 0.114 Acre Yes Ashland Parkview Subdivision 81 39-1E-10BC TL 5417 0.46% 0.109 Acre Yes Ashland Parkview Subdivision 82 39-1E-IOBC TL 5418 0.47% 0.110 Acre Yes Ashland Parkview Subdivision 83. 39-lE-IOBC TL 5419 0.51% 0.121 Acre Yes Ashland Parkview Subdivision 84 39-1E-10BC TL 5420 0.41% 0.096 Acre Yes Ashland Parkview Subdivision 85 39-1E-10BC TL 5422 0.39% 0.093 Acre Yes Ashland Parkview Subdivision 86 39-1E-IOBC TL 5423 0.39% 0.092 Acre Yes Ashland Parkview Subdivision 87 39-1E-10BC TL 5424 0.50% 0.118 Acre Yes Ashland Parkview Subdivision 88 39-1E-l0BC TL 5425 0.50% 0.118 Acre Yes Ashland Parkview Subdivision 89 39-1E-IOBC TL 5426 0.85% 0.200 Acre Yes Ashland Parkview Subdivision 90 39-1E-IOBC TL 5500 0.66% 0.156 Acre Yes Parcel 1 P-68-95 91 39-1E-IOBC TL 5501 0.61% 0.144 Acre Yes Parcel 2 P-68-95 92 39-1 -1 TL 5502 0.61% 0.144 Acre Yes Parcel 3 P-68-95 TOTAL 92 Lots 100% 23.570 15 No Acres 77 Yes PAGE 5-(c:engNmvdvomy«2.s %%) City of Ashland Department of Public Works - Engineering Division Estimate for Fordyce Street Improvement Street: Fordyce Street Limits: All Estimate By: James H. Olson Date: February 22, 1996 (Revised 10110196) (Revised 04110196) GENERAL INFORMATION Length of Project: 1,375 Feet Width of Street: 22 to 30 Feet Pavement Design: 3" AC overlay A. ESTIMATED CONSTRUCTION COSTS Total Estimate $246,130.00 B. OTHER (list) Less Jackson County Contribution ($33,950.00) Less City Contribution for Storm Drain Upsizing (85o,xsl5ih) ($12.750.00) C. TOTAL $ 199.430.00 D. ENGINEERING @ 20% $ 39,886.00 E. PROJECT TOTAL $ 239.316.00 F. ASSESSMENT RATE Total Assessable Area in District: 23.570acres Assessable Cost Per Acre: ($0.23/SF) $10,153.42/acre PAGE 1-(c:cn4inwAidVocdym2.Est) City of Ashland Department of Public Works - Engineering Division Preliminary Estimate Re-Construction of Fordyce Street February 22, 1996 (Revised 10110/96) ITEM NO. ITEM UNIT PRICE AMOUNT 1 Mobilization and Clearing Lump Sum $15,000.00 $15,000.00 2 Excavation & Grade Preparation 1,500 CY $12.00 1CY $18,000.00 3 Crushed Rock Base 1,200 CY $12.00/CY $14,400.00 4 24" Storm Drain 850 LF $39.00/LF $33,150.00 5 12" Storm Drain 250 LF $24.00/LF $6,000.00 6 Reconstruct Irrigation Structure 4 LF $500.00/1,17 $2,000.00 7 Culvert & Structure Removal Lump Sum $10,000.00 $10,000.00 8 Curb Inlet 11 EA $650/EA $7,150.00 9 Storm Drain Manhole 2 EA $2,000/EA $4,000.00 10 Curb & Gutter 2,260 LF $8.00/LF $18,080.00 11 Concrete Sidewalk 10,000 SF $4.00/SF $40,000.00 12 Concrete Aprons 3,500 SF $8.00/SF $28,000.00 13 8" Irrigation Line 600 LF $18.00/LF $10,800.00 14 Irrigation Turnout Structure 4 EA $800.00/EA $3,200.00 15 A.C. Paving 600 TONS $45.00/TON $27,000.00 16 Pavement Parking 800 SF $1.00/SF $800.00 17 Adjust Sanitary Sewer Manhole 7 EA $400.00/EA $2,800.00 18 Adjust Sanitary Sewer Clean-out 1 EA $350.00/EA $350.00 19 Adjust Water Valve Boot 17 EA $200.00/EA $3,400.00 20 Storm Drain Inlet 1 EA $2,000.00 $2,000.00 TOTAL AMOUNT $246,130.00 PAGE 2-c,:.qi..%savaay«2.eq Fordyce Street 39-1E-1OB TL 900, 903 & 904 39-1E-1OB TL 901 L.I.D. Mailing List Don Ballew John/Alla Farrell (As of 03-17-97) 1257 Siskiyou Blvd. #77 1371 East Main Street ASHLAND OR 97520 ASHLAND OR 97520 39-1E-1OB TL 902 & 1100 39-1E-1OB TL 2500 39-1E-10B TL 2600 Clyde/Cynthia Martin Stacey Berrum _Barbara Goodman 1355 East Main Street 250 Neil Creek Rd. 5280 Upper Deer Creek Rd ASHLAND OR 97520 ASHLAND OR 97520 SELMA OR 97538 39-1E-10BB TL 200 39-1E-10BB TL 300 39-1E-10BB TL 400 & 500 Richard/Patricia Davis Allen Fines/Elva Peabody Thomas/Laura Frantz 1433 Candelero Drive 474 Fordyce Street 1026 Henry Street #1 WALNUT CREEK CA 94598 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 600 39-1E-10BB TL 700 39-1E-10BB TL 701 Judd/Suzanne Pindell Patricia Delozier Roland/Evern Sturdevant 520 Fordyce P. O. Box 3076 P. 0. Box 1359 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 702 39-1E-10BB TL 703 39-1E-10BB TL 705 Benson/Corinne Magarian Steven/Ynez Cross Scott Turrell 1315 Romeo Drive 1265 E. University Dr. #1060 1335 Romeo Drive ASHLAND OR 97520 TEMPE AZ 85281 ASHLAND OR 97520 39-1E-lOBB TL 706 39-1E-IOBB TL 707 39-1E-10BB TL 708 Beth Ann Sabo Andrew/Elizabeth Burt Randy/Susan Rogney 5305 Greensprings Hwy 1355 Romeo Drive 1365 Romeo Drive ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 710 39-1E-IOBB TL 711 39-1E-10BB TL 800 Bette Kinsella Trustee Linda Smith Carolyn Eidman 1320 Romeo Drive 1310 Romeo Drive 556 Fordyce ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 1100 39-1E-10BB TL 1101 39-1E-10BB TL 1102 Erwin Notrica R Winsborough Trustee George Chatalas, Trustee 1285 Kirk Lane 563 Fordyce Street 1077 Cobb Medical Center ASHLAND OR 97520 ASHLAND OR 97520 SEATTLE WA 98101 39-1E-10BB TL 1106 39-1E-10BB TL 1107 39-1E-lOBB 1108 Allan Weisbard Toby Challman James Storey, Trustee 579 Fordyce 1275 Kirk Lane 1265 Kirk Lane ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 1109 39-lE-10BB TL 1110 39-1E-10BB TL 1111 Dan Johnson/Annemarie Day TomChavez/Sandra Clark Donald/Cheryl Peterson 1255 Kirk Lane 1245 Kirk Lane 6644 Highway 66 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520-9774 39-1E-10BB TL 1112 39-1E-IOBB TL 1114 39-1E-10BB TL 1115 Helen Malena Marc L Barney John Adams Trustee 1225 Kirk Lane 1230 Kirk Lane 690 Glenwood Drive ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 1116 39-1E-10BB TL 1117 39-lE-10BB TL 1118 Kenneth/Peggy Horn David Frye Blanche Chick 3731 N. Vera Cruz Drive 1260 Kirk Lane 1270 Kirk Lane SPRINGFIELD MO 65803-6008 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 1119 39-lE-10BB TL 1200 39-1E-IOBB TL 1300 Fred S. Cox Scott Kurtz Rita Wood 1280 Kirk Lane 541 Fordyce 1257 Siskiyou Blvd 6212 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-IOBB TL 1301 39-1E-10BB TL 1400 39-1E-IOBB TL 1500 Beverly Jeanne Spjut David/Sandy Bryant Martin/Carolyn Burns 531 Fordyce 1290 Munson Drive 1286 Munson Drive ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 1600 39-lE-10BB TL 1700 39-1E-10BB TL 1800 Peter/Kathleen Dratch Louis DiCrose Jr Lorene Graham Trustee 1280 Munson Drive 1276 Munson Drive 1274 Munson Drive ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 1900 39-lE-10BB TL 2100 39-lE-10BB TL 2200 Linda Athow Lynn/Carrie Shaeffer Jeffrey/Tamara Strickland 1270 Munson Drive 4737 Ross Gate Ct. 1250 Munson Drive ASHLAND OR 97520 PLEASENTON CA 94566 ASHLAND OR 97520 39-1E-10BB TL 2300 39-1E-10BB TL 2400 39-1E-10BB TL 2600 Vincent/Jonel Aleccia Kathy McGonagle Shirley Delsman 1244 Munson 1240 Munson Drive 1245 Munson Drive ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BB TL 2700 39-1E-10BB TL 2800 39-1E-10BB TL 2900 Harold/Marjorie Eby Richard/Ramie Streng Edwin Alexander Trustee 1251 Munson Drive 1255 Munson Drive 1259 Munson Drive ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-lE-10BB TL 3000 39-lE-IOBB TL 3100 39-1E-10BB TL 3200 Wes/Susan Reynolds Henry Cater Sr Jill Turner 1265 Munson Drive 1271 Munson Drive 1275 Munson Drive ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-lE-IOBB TL 3300 39-1E-IOBB TL 3400 39-lE-10BB TL 3500 Leon/Eileen Weinberg Hans Zappe Trustee Christine Wachtel 1281 Munson Drive 1374 Hill Crest Ct - 1295 Munson Drive ASHLAND OR 97520 SAN JOSE CA 95120 ASHLAND OR 97520 39-lE-10BB TL 3600 39-1E-10BC TL 5400 39-lE-10BC TL 5401 James/Jessie Camp Sarada Mary Gordon 475 Fordyce 1257 Orchid Street P. O. Box 488 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BC TL 5402 39-1E-1013 5418 39-lE-lOBC TL 5404 Peterson Properties Michael Rarity'�r Rosa Townsend Blankin 1242 Market St. 5th Floor P. 0. Box 719 1209 Orchid Street SAN FRANCISCO CA 94102 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BC TL 5406 39-lE-10BC 5407 & 5410 39-1E-10BC TL 5408 Mark/Corinna McInteer K C A Corporation Randall/Sara Rank 1208 Rose Lane 1049 Tolman Creek 1228 Rose Lane ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-lE-10BC TL 5409 39-1E-IOBC TL 5412 _ 39-1E-10BC TL 5413 James/Maria Dykstra Andrea Shapiro Diana Del Rio 1238 Rose Lane 186 Morninglight Drive 1278 Rose Lane ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-IOBC TL 5416 39-1E-IOBC TL 5419 39-1E-10BC TL 5420 Margaret Green Sandra Schorovsky Maria Unemori 1298 Rose Lane 1285 Rose Lane 1823 Wells St. lit ASHLAND OR 97520 ASHLAND OR 97520 WAILUKU HI 96793 39-1E-1013C TL 5422 39-1E-1013C TL 5423 39-lE-10BC TL 5424 Jennifer/Sean Bagshaw, William/Carol Davies Ronald/Irene Hays 1254 Orchid Street 1264 Orchid Avenue 1274 Orchid Street ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-lE-10BC TL 5425 39-1E-IOBC TL 5426 39-lE-10BC TL 5500 Graham/Bunny Lewis Linda Maxwell Duane/Deloris Murray 1284 Orchid Street 635 Fordyce 613 Fordyce Street ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BC TL 5501 39-1E-1013C TL 5502 39-1E-10BC TL 5411 Henry/Margaret Axer Terry Holden Trustee C/Antonietta Bonfiglio 1287 Orchid Street 1090 Green Meandows Way 1258 Rose Lane ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 39-1E-10BC TL 5414 39-1E-10BC TL 5415 & 5417 (c:\engincer\lid\formail3.lab) Scott Chancey Hilton M. Unemori 1288 Rose Lane 485 Waiale Drive ASHLAND OR 97520 WAILUKU HI 96793 E I Lo I co 1 V 1 T I is I A 1 W i eta : , �e ' u7 tji # tjstd9ij t i s ] rte'• at17J � ? ; 1tEfr; � ����� rt n j ! fsd t(sjdp'f(�}' s 7J }7 d �s3 Jt� .l R-5-10?, c�.,�7r7 � LJ^ " � •�_� • ' v [ : : nacce is i : :aec : �`• L� ���yJ ��� 1`,� �I a ; c to lit , ! ___,���p j '• �..�'_Jl� �i ' = ; � — m F ; iS ! } It ; jfr ? , � i `C� _=,�C� oa���q /' (n .\ t•� S _ f Fy C }•s` E� d{ijj ;i�<i p����j{i �� � � �•�Vgy't1� ; , o � 1�, `L�' 1 e :li I , i x Ili : ] .���+0 � ,��❑ � _ ____ __/NN/ F, � O � � '� All a : a ] e 1 t n _ .c ✓—` __ / Y �l'jl is� i ; � j(i��� 3 � � ( j ( �j ((���((d(E! d (pt ] [ [ ] ] I : t1LClCttnit1 : : I tL ] i : 0 I2 111 LLt ] 3 3 ",)� pill � S tat ildE %/, � _ ;I all , l ,cl :ta , ai ] tli ] , r :: al , tt] ie : : c c ] ] r c ] c gii,q] _ 5 jaJ } t tt t }} StF ? iJ1t1 J� 9)7?di . ?}?Tp ?f}at ] } f77jtJ� r aj JdfF LyeS�L a ] rt : ! ] e : c : t : c : Lr : a ] ] t • : e ] ; e , l : ] t : eel et c , , , , sr, r , a „ c] : a: [ : : : , : : ecl [ a I I co I V I m I N I A I W i N 1 Moll aim Mimi VJWA i loom la 4 n ME Y � ' 1 / Y •I• rr ' Ir .{� • 1 rME ro NO, 11 rr Irr. rr. / / rr• rl Ir: Ral SEEM 11 .�/ ' 1 I. 'r• 1� rl I�1 ���1 / 1 �1 ® r /Mr/M ��i.�/ ✓f/ / iii" � � � / �/ 1 .��:' � i *as � 11 7912, o Z S to 0 ;=_„' N o N 9 p VN I I fT'I r Zak A O O y O 0 Lo r tC CD Q p 0 CD cn C7 :O rTl r_ a i � fl � N n T rn Q \Z1 : ?a S RES LUTION NO. 97- C��t s o*- A RESOLUTION AU ORIZING AND ORDERING THE LOCAL IMPROVEMENTS OR FORDYCE STREET FROM EAST MAIN STREET TO MUNSON DRIVE FOR THE FORDYCE STREET LOCAL IMPROVEMENT DISTRICT AND AUTHORIZING THE ASSESSMENT OF THE COST OF THE IMPROVEMENTS AGAINST PROPERTY TO BE BENEFITTED AND PROVIDING THAT WARRANTS ISSUED FOR THE COST OF THE IMPROVEMENT BE GENERAL OBLIGATIONS OF THE CITY OF ASHLAND RECITALS: A. The Council has declared by resolution its intention to develop the improvements described in the above title and in the improvement resolution previously adopted to assess upon each lot or part of lot benefitted by the improvement its proportional share of the cost of the improvement; and B. Notice of such intention was duly given, a public hearing was held and it appears to the Council that such improvements are of benefit to the City and all property to be assessed will be benefitted to the extent of the probable amount of the respective assessments to be levied for the costs. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. A local improvement district is created and shall consist of all the tax lots described in the attached Exhibit 'A'. The district shall be called the Fordyce Street Local Improvement District, No. 77. SECTION 2. The Council intends to make local improvements to provide the improvements described in the above title. Such improvements will be in accordance with costs estimated to be $239,316.00 all of which will be paid by special assessments on benefitted properties. Costs will be allocated based on an area measure of approximately $10,153.42 per acre for each lot. Lots will be assessed as specified on 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 287.515 inclusively. SECTION 4. The assessment imposed upon benefitted properties is characterized as an assessment for local improvement pursuant to ORS 305.583(4). SECTION 5. The City Recorder is directed to prepare the estimated assessment of the respective lots within the local improvement district and file it in the lien records of the City. PAGE 1-(c:engineerViNordlidlRes) r This resolution was read in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997. Barbara C. Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor Ap roved as to for Paul Nolte, City Attorney PAGE 2-(aengineerYid\ford1id2.Res) EXHIBIT 'A' City of Ashland Department of Public Works - Engineering Division Fordyce Street Proposed Assessment District Estimated Cost Per Lot (By Area) Map & Tax Lot Area *Estimated Cost 1 39-1E-10B TL 900 0.360 Acre $3,655.23 2 39-1E-10B TL 901 0.120 Acre $1,218.41 3 39-1E-10B TL 902 0.430 Acre $4,365.97 4 39-1E-1OB TL 903 0.140 Acre $1,421.48 5 39-1E-1OB TL 904 0.140 Acre $1,421.48 6 39-1E-10B TL 1100 1.160 Acre $11,777.97 7- 39-1E-10BB TL 200 1.490 Acre $15,128.60 8 39-1E-10BB TL 300 0.520 Acre $5,279.78 9 39-1E-10BBTL 400 1.491 Acre $15,138.75 10 39-1E-10BB TL 500 0.291 Acre $2,954.64 11 39-1E-IOBB TL 600 0.294 Acre $2,985.11 12 39-1E-10BB TL 700 0.120 Acre $1,218.41 13 39-1E-lOBB TL 701 0.158 Acre $1,604.24 14 39-1E-IOBB TL 702 0.115 Acre $1,167.64 15 39-1E-lOBB TL 703 0.119 Acre $1,208.26 16 39-1E-lOBB TL 705 0.126 Acre 1 $1,279.33 17 39-1E-IOBB TL 706 0.115 Acre $1,167.64 18 39-1E-10BB TL 707 0.178 Acre $1,807.31 19 39-1E-10BB TL 708 0.144 Acre $1,462.09 20 39-1E-lOBB TL 710 0.122 Acre $1,238.72 PAGE 3-(cengineeruldVordlid2.Res) Map & Tax Lot Area *Estimated Cost 21 39-lE-10BB TL 711 0.119 Acre $1,208.26 22 39-lE-lOBB TL 800 1.670 Acre $16,956.21 23 39-lE-lOBB TL 1100 0.115 Acre $1,167.64 24 39-lE-lOBB TL 1101 0.118 Acre $1,198.10 25 39-1E-IOBB TL 1102 0.155 Acre $1,573.78 26 39-1E-IOBB TL 1106 0.137 Acre $1,391.02 27 39-lE-10BB TL 1107 0.112 Acre $1,137.18 28 39-1E-10BB TL 1108 0.112 Acre $1,137.18 29 39-lE-10BB TL 1109 0.114 Acre $1,157.49 30 39-1E-10BB TL 1110 0.114 Acre $1,157.49 31 39-lE-10BB TL 1111 0.114 Acre $1,157.49 32 39-1E-10BB TL 1112 0.111 Acre $1,127.03 33 39-lE-10BB TL 1114 0.130 Acre $1,319.94 34 39-lE-lOBB TL 1115 0.117 Acre $1,187.95 35 39-lE-10BB TL 1116 0.117 Acre $1,187.95 36 39-lE-10BB TL 1117 0.117 Acre $1,187.95 37 39-lE-10BB TL 1118 0.117 Acre $1,187.95 38 39-lE-10BB TL 1119 0.117 Acre $1,187.95 39 39-lE-10BB TL 1200 2.000 Acre $20,306.84 40 39-1E-IOBB TL 1300 0.314 Acre $3,188.17 41 39-lE-10BB TL 1301 1.676 Acre $17,017.13 42 39-lE-10BB TL 1400 0.205 Acre $2,081.45 43 39-lE-lOBB TL 1500 0.208 Acre $2,111.91 44 39-lE-lOBB TL 1600 0.097 Acre $984.88 45 39-lE-10BB TL 1700 0.151 Acre $1,533.17 46 39-lE-10BB TL 1800 0.178 Acre $1,807.31 47 39-1E-IOBB TL 1900 0.117 Acre $1,187.95 PAGE 4-co:eogfoeerVimrordlid2.aes> . Map & Tax Lot '� t` ' Area' x" *Estimated Cost 48 39-lE-10BB TL 2100 0.126 Acre $1,279.33 49 39-lE-10BB TL 2200 0.163 Acre $1,655.01 50 39-1&10BB TL. 2300 0.167 Acre $1,695.62 51 39-lE-10BB TL 2400 0.152 Acre $1,543.32 52 39-lE-10BB TL 2600 0.171 Acre $1,736.23 53 39-lE-lOBB TL 2700 0.189 Acre $1,919.00 54 39-1E-10BB TL 2800 0.122 Acre $1,238.72 55 39-1E-IOBB TL 2900 0.106 Acre $1,076.26 56 39-lE-10BB TL 3000 0.142 Acre $1,441.79 57 39-lE-10BB TL 3100 0.157 Acre $1,594.09 58 39-lE-10BB TL 3200 0.144 Acre $1,462.09 59 39-1E-10BB TL 3300 0.134 Acre $1,360.56 60. 39-1E-IOBB TL 3400 0.118 Acre $1,198.10 61 39-lE-lOBB TL 3500 0.103 Acre $1,045.80 62 39-lE-10BB TL 3600 0.321 Acre $3,259.25 63 39-1E-10BC TL 5400 0.114 Acre $1,157.49 64 39-lE-10BC TL 5401 0.114 Acre $1,157.49 65 39-lE-10BC TL 5402 0:114 Acre $1,157.49 66 39-lE-10BC TL 5403 0.106 Acre $1,076.26 67 39-1E-IOBC TL 5404 0.106 Acre $1,076.26 68 39-1E-IOBC TL 5406 0.107 Acre $1,086.42 69 39-lE-lOBC TL 5407 0.111 Acre $1,127.03 71 39-lE-lOBC TL 5408 0.122 Acre $1,238.72 72 39-1E-IOBC TL 5409 0.111 Acre $1,127.03 73 39-1E-10BC TL 5410 0.116 Acre $1,177.80 74 39-lE-lOBC TL 5411 0.116 Acre $1,177.80 75 39-1E-IOBC TL 5412 0.116 Acre $1,177.80 PAGE 5-(aengfneeNicAfordlid2.Res) Map & Tax Lot Area *Estimated Cost 76 39-lE-10BC TL 5413 0.116 Acre $1,177.80 77 39-1E-10BC TL 5414 0.114 Acre $1,157.49 78 39-lE-10BC TL 5415 0.102 Acre $1,035.65 79 39-1E-10BC TL 5416 0.114 Acre $1,157.49 80 39-lE-10BC TL 5417 0.109 Acre $1,106.72 81 39-lE-10BC TL 5418 0.110 Acre $1,116.88 82 39-lE-10BC TL 5419 0.121 Acre $1,228.56 83 39-1E-10BC TL 5420 0.096 Acre $974.73 84 39-1E-10BC TL 5422 0.093 Acre $944.27 85 39-lE-10BC TL 5423 0.092 Acre $934.11 86 39-1E-10BC TL 5424 0.118 Acre $1,198.10 87 39-1E-10BC TL 5425 0.118 Acre $1,198.10 88 39-1E-10BC TL 5426 0.200 Acre $2,030.68 89 39-lE-10BC TL 5500 0.156 Acre $1,583.93 90 39-1E-1013C TL 5501 0.144 Acre $1,462.09 91 39-1E-IOBC TL 5502 0.144 Acre $1,462.09 92 39-1E-1OB TL 2500 0.293 Acre $2,974.95 93 39-1E-1OB TL 2600 1.377 Acre $13,981.26 TOTAL 92 Lots 23.570 $239.316.11 Acres * Based upon an estimated cost of$10,153.42 per acre. PAGE 6-(c:engineerVicRfordlid2.Res) March 17, 1997 Ashland City Hall Attn: City Recorder *4A 20 E. Main 1 Ashland, OR 97520 �199> Dear City Recorder, We are writing this letter in response to the "Exhibit A"Notice of Public Hearing you sent to us several weeks ago. It is regarding the meeting on April 15, 1997 at 7 D.M. to consider the formation of a local improvement district to improve Fordvice Street between East Main Street and Munson Drive with paving, curbs, gutters, storm drains and sidewalks. We, unfortunately, are unable to attend the meeting and would like to submit in writing our disapproval of this project being funded by the local residents. We have never heard of such a thing! The high Oregon State taxes should cover projects of this kind. We have both lived in many different areas of Canada and the U.S. and never heard of the local home owners having to pay for street improvements, it has always come out of the state/city taxes, and rightfully should. We are greatly opposed to this way of doing things and would like to fmd out our legal right to decline this outrageous payment. The City has decided to continue to allow building in this once rural area, then they should pay for the cost. We have not all come together as a group and asked for these improvements, so why should we be forced to pay for them. As for upgrading the area and property value, I believe it has most likely gone down in value because of all the homes being crammed into what was once a nice rural area. As far as we are concerned Fordyce is more than sufficient to get us to and from our home, and the way it is now leaves a bit of the rural charm to the area. Since Munson has now been opened up and we can go through to Mountain, we do not even need to use Fordyce anymore. Whatever you plan to do is beyond our control, but we do not agree with your way of doing things. We pay very high property taxes to live in Ashland, and you need to rearrange your city budget to use them for this kind of project. We cannot express enough to you how upsetting this is. It is very controlling of the city to impose your authority over us the taxpayer. Ashland residents, (S Gary and Lorene Graham 1274 Munson Drive Ashland, OR 97520 / 482-7550 ,...+a e.+. i r ..••,� xr.-?_ —�`� �'_:�x h'w' x-?t.�'�"���"�"-r tieaes4�rc-__ tR =:m=u4. acs=:�.- _ — r sln. C • C���yl r�� : 34 E t6 e6 2 v\� I�w�o_f_Q,s4es_s_w_�e_ Flo_ s _v_ar_e- oafi"a w�i —� --1,..•�-.�l S Q.�-�—�— �0.v a_w_�e�US Q.°_�e—�,_��C�ti_o_w tiler' �nQ,s�0 - .�t _�6.0 5_ _.-Ffi,_e�e� 1_(Sb_� .-�1�: la.r_cr l�►.�e u -e- --a� T�C _ STre-c- or Stde �rA erg � c6(7 ow v` ies_ Se-s-5_i� _�flw�e ow►�e�-S ---�_�_s a _ N s�N__ _�K_�Rx L.Poi- go arm excl �_�ecl 5�_5�wy �--Seevtc� March 17, 1997 Ashland City Hall Attn: City Recorder 20 E. Main �jC9 Ashland, OR 97520 1996 Dear City Recorder, We are writing this letter in response to the "Exhibit A"Notice of Public Hearing you sent to us several weeks ago. It is regarding the meeting on April 15, 1997 at 7 D.M. to consider the formation of a local improvement district to improve Fordyce Street between East Main Street and Munson Drive with paving, curbs, gutters, storm drains and sidewalks. We, unfortunately, are unable to attend the meeting and would like to submit in writing our disapproval of this project being funded by the local residents. We have never heard of such a thing! The high Oregon State taxes should cover projects of this kind. We have both lived in many different areas of Canada and the U.S. and never heard of the local home owners having to pay for street improvements, it has always come out of the state/city taxes, and rightfully should. We are greatly opposed to this way of doing things and would like to fmd out our legal right to decline this outrageous payment. The City has decided to continue to allow building in this once rural area, then they should pay for the cost. We have not all come together as a group and asked for these improvements, so why should we be forced to pay for them. As for upgrading the area and property value, I believe it has most likely gone down in value because of all the homes being crammed into what was once a nice rural area. As far as we are concerned Fordyce is more than sufficient to get us to and from our home, and the way it is now leaves a bit of the rural charm to the area. Since Munson has now been opened up and we can go through to Mountain, we do not even need to use Fordyce anymore. Whatever you plan to do is beyond our control, but we do not agree with your way of doing things. We pay very high property taxes to live in Ashland, and you need to rearrange your city budget to use them for this kind of project. We cannot express enough to you how upsetting this is. It is very controlling of the city to impose your authority over us the taxpayer. d residents, Gary and Lorene Graham 1274 Munson Drive Ashland, OR 97520 / 482-7550 j CITY OF ASHLAND, OREGON AGREEMENT OWNER: Carolyn J. Eldmanl ADDRESS: 556 Fordyce Street,Ashland OR PROPERTY: 39 1E 10 1088 800 Parce "1 &2 TWP RANGE SECTION ASSESSOR'S MAP# TAX #"(s) STREET ADDRESS: 556 Fordyce Street Ashland Oregon 97520 PLANNING ACTION 95-027 _ Type I-Land Partition February 12 1997 PA# TYPE 1 DATE ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ As the owner(s)of the property listed above, I/we hereby consent to the following improvements,dedication, or other actions as required by the City of Ashland, and agree to bear the proportionate payment of associated costs. This Agreement Is to be binding upon myself/ourselves, my/our heir(s), executors,and assigns,and it is my/our express intention that this Agreement shall run with the land, so that fulfillment of the items listed below shall be binding upon future owners of the property. This consent is in consideration of APPROVAL OF A LAND PARTITION. IMPROVEMENT, DEDICATION OR OTHER ACTION: 1) AGREE TO PARTICIPATE IN THE LOCAL IMPROVEMENT DISTRICT FOR THE FUTURE IMPROVEMENT OF FORDYCE STREET, INCLUDING CURB, GUTTER, PAVING, SIDEWALKS, STORM DRAIN AND THE UNDERGROUNDING OF UTILITIES; AND AGREE NOT TO REMONSTRATE TO THE FORMATION OF SUCH LOCAL IMPROVEMENT DISTRICT; AND AGREE TO PAY ASSIGNED SHARE OF SUCH DESIGNATED IMPROVEMENT COSTS. GI DATE SIGNATURE DATE STATE OF OREGON ) County of Jackson ) .� On this day of ,19 before me personally appeared, C�y�1-�-F^"��1`: /,' '-'L--` chose identity was proven to me on the basis of satisfactory evid be the persons)whose names) is (are) subsc1 d to this instrument, and acknowledged that he (she)(they) executed the same. // l 6: /L:k OFFiC1AL SEAL NOTARY PUBQb FOR OREGON r Ff SONJA N AKEHMAN MY COMMISSION EXPIRES: t,sw: A'OTA-,Y FL'OLIC - OREGON � `��/ COtsr✓,I^.S!ON NO. C321 b3 F!Y CUt.9SSISSIOt! EXPIRES APR. 6. IQJ3 A o° b t3 rA hf Cary °.Q Olt b� ice Ol�pt "\�'�\ o"in �n \yro °i � =h.� y' ` y.r y'a •4 4 a ... Z� r 0 `may P y O n Z�� gC rn C4 alma ro im7 ofi �' cot � � to J I UT N N u. N00'O6'22'E 346 �'- .11' — U 89.88' k 149.93n bt4 o I I N �yE C � o �� ZA �`y �� \ I a von I I z l c I �.\\ a co b I ( O 1 NNU1 I I A 00'06' - �y rrli 1 I 150.28' I I O rn -<D� I A u Mr w u A I I � I ;x w OD '4 I I < I fn 22 U Ut m bC4 A — P r• rrMp Z l, 'SS IJ. 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Al 4 1 1� "i♦I'll l, .1 V; 541 j Xlm —14 16 IV, 9 901 , �414 0 J "64 A Z, IQ C) !-L4 ✓ BEFORE THE ASHLAND CITY COUNCIL April 15, 1997 In the matter of planning action #96-094, ) request for outline plan approval for a ) Findings, seven-lot subdivision under the performance ) Conclusions standards option located at 25 Westwood ) and Decision Street. ) Applicant: Anna Hassell ) RECITALS: A. The applicant is requesting approval of a seven lot subdivision pursuant to the requirements of Ashland Municipal Code (AMC) Chapter 18.88. B. The planning commission held a public hearing on September 10, 1996, at which time testimony was received and exhibits were presented.The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. C. Neighbors of the proposed subdivision appealed the decision of the planning commission to the city council. The city council held a public hearing on December 17, 1996, at which time testimony was received and exhibits were presented. A unanimous decision to approve the application was made at the city council meeting on February 4, 1997. D. The basis of the appeal to the city council was, as stated in the letter of appeal filed October 15, 1996: "Planning Commission 'Criteria for Outline Plan Approval' was not met. Section b. 'paved access to and through the development' has not been addressed or finalized." CRITERIA: The approval of an Outline Plan for a subdivision is based on the criteria contained in AMC § 18.88.030.4: a) That the development meets all applicable ordinance requirements of the City of Ashland. 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 . 1 cause a City facility to operate beyond capacity. c) That the existing and natural features of the land, such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. 0 That the proposed density meets the base and bonus density standards established under this Chapter. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" All information presented to the Planning Commission and City Council and included as exhibits are incorporated as part of this decision and made a part of the record for this action. TESTIMONY, EVIDENCE, AND FINDINGS: The council makes the following findings and conclusions regarding the relevant criteria: 1. Concerning AMC § 18.88.030.4.a: 'That the development meets all applicable ordinance requirements of the City of Ashland." z As explained below, we interpret this section as requiring only the ordinance requirements of AMC Chapter 18.88 to be addressed. Subdivisions within the City of Ashland can be processed under one of two chapters of the land use ordinance: AMC Chapter 18.80 - Subdivisions, or AMC Chapter 18.88 - Performance Standards Options. The subject property consists of Tax lot 900 of 391 E 8BA and is located at 25 Westwood Street. It is zoned RR-5-P (Rural Residential subject to the "P-Overlay") and WR (Woodland Residential). Should a property be subject to the "P-Overlay" as this one is, then it is required that a development application be processed under the Performance Standards Option under AMC Chapter 18.88. See AMC § 18.88.080.B. Further, the entire parcel is greater than two acres, allowing for the use of the Performance Standards Option by applicant's choice. See AMC § 18.88.080.D.1. The opponents have questioned the notice issued for the public hearing held before the council as being inadequate. The opponents identify in their unsolicited "Findings for Denial" (Ex. 0-2), presented for the first time at the public hearing before the council, that the notice failed to comply with ORS 197.763(3) in that it did not identify all of the applicable criteria. The opponents specifically point out that AMC§ 18.88.030.4.a requires that "the development meets all of the applicable ordinance requirements of the City of Ashland." (The opponents also fault the notice for the hearing before the planning commission for the same defect. Significantly they did not raise this issue before the planning commission. Nor did they raise it in their notice of appeal to this council.) As noted above, there are no other ordinances applicable to this application. For those ordinances specifically identified for the first time at the public hearing by the opponents as being applicable, we address each of those contentions below. For the reasons there stated, we do not interpret this section as requiring the application of any of the ordinances cited by the opponents. Along the same line, the opponents argue that the requirements of AMC Chapter 18.80 were neither in the notice as applicable criteria nor addressed by the applicant. For the reasons stated above, Chapter 18.80 - subdivisions - does not contain applicable criteria and does not need to be addressed as part of this application. 2. Concerning AMC § 18.88.030.4.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." The City Council finds that adequate key city facilities can be provided. Water: The site is served by a water main within the Westwood right-of-way. The main is of sufficient size to accommodate the future development area, as determined by the City of Ashland Public Works Department. The Council finds that there is adequate water to serve the proposed development, and the development will not cause the water system to operate beyond capacity. No 3 evidence was presented disputing this finding. Sewer: An existing sanitary sewer main exists within the Westwood right-of- way approximately 150' north of the applicant's property. The applicant has presented a plan to extend the 8" sanitary sewer main from the existing main through the property within the Westwood Street right-of-way. The Council finds that this extension will provide adequate sewer service to the proposed development, and will not cause the sanitary sewer system to operate beyond capacity. No evidence was presented disputing this finding. Paved access to and through the development: Paved access is provided from Wimer Street (collector street) via Wrights Creek Drive and Orchard Street to Westwood Street. Westwood Street is presently an unimproved city street from Orchard Street through the proposed development. The applicant has proposed to improve Westwood through her entire development to its connection with Orchard Street through the formation of a local improvement district. The Council further conditioned the approval that the improvement could be made through the use of a local improvement district prior to the signature of the final survey plat, or that the applicant be solely responsible for the improvement. Opponents argued that they would be opposed to the formation of a local improvement district and requested that the applicant be wholly responsible for the street improvement. The Council finds,that through the imposition of conditions, that paved access can be provided to and through the development. The council finds that the street improvement, either through the formation of a local improvement district or constructed wholly by the applicant, will provide paved access to and through the development. The Council finds that the issue of whether to form a local improvement district, or not, is not an issue which can be addressed at the time of subdivision approval, but rather is subject to a separate process outlined by statute and local ordinance. The council finds that adequate assurance is provided , by the conditions of approval to ensure the improvement of the street prior to the final approval of the subdivision, thereby meeting the criteria for approval of paved access to and through the development. Electricity: The site is presently served by the City of Ashland electric utility. The Council finds that the existing electric facilities will provide adequate service to the proposed development, and that development will not cause the electric utility to operate beyond capacity. No evidence was presented disputing this finding. Urban Storm Drainage: Storm drainage from the development site is proposed to be accommodated as indicated in the "Drainage and Erosion Control Plans, . Proposed Westwood Subdivision" prepared by certified engineering geologist 4 Thomas Ferraro and made part of this record. Further, a storm drainage system for the Westwood Street area has been designed on the preliminary street design presented by David B. Hammond, registered professional engineer. The Council finds that from the submitted plans for storm drainage improvements, adequate storm drainage will provided to the proposed development, and the development will not cause the proposed or existing storm drain system to operate beyond capacity. No evidence was presented disputing this finding. Police: The project site for the creation of new homes is within the city limits of the City of Ashland. The City has its own police department to provide protection to the area. The Council finds that adequate police protection will be available to this proposed development, and not require the police department to operate beyond capacity. No evidence was presented disputing this finding. Fire: The project site for the creation of new homes is within the city limits of the City of Ashland. The City has its own fire department for fire protection. In addition, the City has a mutual aid agreement with Fire District 5 for supplemental fire protection. The applicant submitted as part of the development proposal a Fire Prevention and Control plan approved by the Ashland Fire Department. The Council finds that adequate fire protection exists for the proposed development, and the development will not exceed the capacity of the fire department to provide protection. No evidence was presented disputing this finding. Adequate transportation: The site is served by public rights-of-way providing adequate access to the city's transportation system. With the improvements as proposed by the applicant and required by the conditions of approval, adequate transportation will be available to the site. No evidence was presented disputing this finding. 3. Concerning AMC § 18.88.030.4.c: 'That the existing and natural features of the land, such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas." The Council finds that significant natural features have been incorporated in the project. The building envelopes for each lot have been designed taking into account the actual dripline of significant trees and topographical features on the property. The building envelopes have been delineated so that very little, and in most cases none, of a significant tree's (greater than 6" in diameter) canopy overhangs the potential building site. The Council finds that these envelopes along with the installation of temporary fencing around the root zone during construction should provide the greatest opportunity for individual tree survival. The Council finds that the design of the subdivision protects the Wrights Creek 5 V floodplain corridor. No development is proposed for any portion of the Wrights Creek floodplain corridor, with all building envelopes and driveway accesses to be constructed outside of the corridor. The opponents argued that there may be other significant physical features on site which require consideration. No specific features were identified by the opponents other than Wrights Creek. The Council finds that significant features have been identified in the plan, and included in unbuildable areas. 4. Concerning AMC § 18.88.030.4.d: 'That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan." This criterion provides that the development of the land will not prevent adjacent land from being developed for uses shown on the Comprehensive Plan. Argument was made by those in opposition to the application that this criterion is not met because a portion of Applicant's parcel across Wrights Creek may not be able to be developed as a result of this application. As indicated on the applicant's proposal, the area to the west of Wrights Creek is included as part of Lot 1 and included as part of the subdivision proposal. The City Council finds that since the land to the west of Wrights Creek is a part of the application and part of the entire parcel it is not "adjacent", and therefore this criterion does not apply as suggested by the opponents. In addition, the Council finds that, after reviewing the proposed plan and vicinity map, that the proposal does not prevent truly adjacent lands from being developed for the uses shown on the Comprehensive Plan. 5. Concerning AMC § 18.88.030.4.e: 'That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project" The seven lot subdivision plan proposed by the applicant does not include a proposal for common open space -- such a designation is not required with this application. This being the case, the City Council finds that this criterion does not apply since no open space has been required or provided. 6. Concerning AMC§ 18.88.030.4.f: 'That the proposed density meets the base and bonus density standards established under this Chapter." City Council finds that the information submitted by the applicant regarding the determination of appropriate density is correct. The subject property is zoned RR-.5-P (8.7 acres) and WR (1.3 acres). Under the performance standards base density calculation, the RR-.5-P area has a base density of 1.2 dwellings per acre. 8.7 x 1.2 = 10.44 units for the RR-.5-P zoned area. The based density for the WR area is 0.3 units/acre. 1.3 x 0.3 = .39 units. The total base density for the project area is 10.44 + 0.39 = 10.83, or 10 dwellings. The applicant is proposing 7 dwellings. The Council finds 6 that the proposed density meets the base density standards under Chapter 18.88 of the land use ordinance. The opponents contend that the density calculations are flawed because a portion of the applicant's property lies outside the city. At the hearing the representative for the opponent specifically identified "Lot 11" as being outside the city and therefor subject to county zoning ordinances. This is an application for a seven-lot subdivision. There is no Lot 11. The parcel owned by the applicant has a split jurisdiction, with a portion of the applicant's property outside of the Urban Growth Boundary and city limits, and under the jurisdiction of Jackson County. No change in the size or use of that portion of the parcel under Jackson County jurisdiction has been proposed. No modification of the lot area under county zoning has been proposed as part of this application. The area of the development under Jackson County jurisdiction was not considered for the purposes of determining project density. The opponents assert that Jackson County ordinances, specifically §60.010(1)would not permit this subdivision because it leaves that portion of the property outside the city more non-conforming that the existing unsubdivided property of the applicant. The Jackson County ordinance does not apply within the city. We interpret the requirements of our ordinance as they apply to property within the city. No change in the non-conforming nature of the property under Jackson County jurisdiction has been proposed. The density for the proposed subdivision falls within the densities required by the ordinance. We do not interpret the ordinance as requiring the inclusion of property outside the city in order to calculate densities. 7. Opponents assert in their "Findings of Denial" that AMC Chapter 18.62 concerning physical constraints is an applicable standard that has not been addressed by the applicant.We interpret the development standards and criteria for approval of the Physical and Environmental Constraints chapter apply only when "development," as defined in AMC § 18.62.030.D. occurs on lands identified as Floodplain Corridor, Riparian Preserve, Erosive and Slope Failure, or Severe Constraint lands. The definition of "development" in this section is as follows: "Development - alteration of the land surface by. 1. Grading, filling, cutting or other earth-moving activity involving more than 50 cubic yards on any lot, 2. The removal of three or more living trees of over six inches diameter at breast height (DBH), or the removal of five percent of the total number of living (or dead trees) over six inches DBH, whichever is greater, on any lot within any one calendar year, or any form of commercial logging, 3. Construction of a building, road, driveway, parking area, or other structure, 7 4. Culverting of any stream." In this application, no development is proposed for any areas subject to AMC Chapter 18.62. The applicant's property does have an area identified as riparian preservation land, but no development has been proposed for this portion. Therefore, there is nothing in AMC Chapter 18.62 applicable to this proposed subdivision. 8. The opponents maintain that the criteria in AMC Chapter 18.14, Woodland Residential District, have not been addressed and were not in the notice. We do not interpret AMC Chapter 18.88 to require any criteria in Chapter 18.14 to be addressed. The opponents have specifically cited AMC § 18.14.030.h for the requirement regarding the minimum access drive to penetrate this area (Ex. 0-1). No proposal has been made by the applicant to develop a road or access in the area zoned WR. Since no development has been proposed in this zone, we interpret the requirements of the zone as not applicable. 9. The opponents have also raised the requirements of AMC Chapter 18.16, Rural Residential, as criteria which need to be addressed in this application. Specifically, the opponents cite AMC § 18.16.040.c which requires a minimum lot width of 150 feet. The opponents note that lot three of the proposed development fails to meet this standard (Ex. O-1). This application was processed under the Performance Standards Option for subdivision development. Section 18.88.100 states that "Developments exercising the Performance Standards option shall be required to meet all other applicable sections of the Land Use Development Ordinance except for minimum lot size, lot width, lot depth and setback requirements, and except as otherwise provided in this Chapter . . . ." Therefore, the 150 foot minimum lot width requirement of the parent zone does not apply to a Performance Standards development. DECISION The proposal for a seven-lot subdivision meets all applicable criteria for Outline Plan approval described in the Performance Standards chapter 18.88. All requirements have been met by the applicant for approval of the subdivision and the subdivision is approved with the following conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a local improvement district for the improvement of Westwood Street be approved by the Council prior to the signature of the final survey plat or that Westwood be improved to full City standards wholly by the applicant prior to the signature of the final survey plat, or that the applicant post a bond or full payment 8 of the full improvement prior to the signature of the final survey plat. 3) That a 20' wide drainage way easement be provided along Wrights Creek and shown on the final survey map. 4) That a plan for accommodating storm drainage on lots 3, 4, & 5 be providing at the time of Final Plan approval. 5) That access to lots #6 and #7 be through a shared driveway. A mutual access easement be provided along the flag drive serving Lot 7, allowing Lot 6 to use the driveway for access to a new residence. 6) That a final Fire Prevention and Control Plan be provided for review and approval by the Ashland Fire Department at the time of Final Plan. 7) That a "Conservation Easement" be provided and indicated on the final survey plat for the area surrounding Wrights Creek and zoned Woodland Residential (WR). 8) That temporary fencing be installed around the dripline of trees designated for protection prior to the issuance of a building permit for residential home construction, prohibiting the storage of building materials or construction vehicles and/or equipment. 9) That the subdivision as a whole sign in favor of a Local Improvement District for the future improvement of the new street, prior to the signature of the final survey plat. 9 CITY OF ASHLAND. CITY HALL DEPARTMENT OF PUBLIC WORKS 20 E.MAIN STREET . . ADMINISTRATION:(541)488-5587 ASHLAND.OREGON 97520-1814 ENGINEERING:(541)488.5347 FAX (541)488.6006 April 4, 1997 Linda Duffy, District Ranger Ashland Ranger District U. S.D.A. Forest Service 645 Washington St . ASHLAND OR 97520 Re. : HAZRED Forest Operation Dear Ms. Duffy: The City of Ashland Forest Commission supports the Ashland Ranger District' s proposed "HAZRED" timber sale. This type of forest project is consistent with the City of Ashland' s forest lands primary goal of protecting the City' s water supply by reducing the risk of catastrophic wildfire.. Scientific knowledge continues to grow regarding effective management of fire dominated forest ecosystems . The forest management principles behind this sale are consistent with the best information currently available to the City of Ashland. This proposal will help the Ashland Watershed return to an ecosystem that will be more resilient when exposed to natural wildfire processes . Artificially reducing fuel loading and timber stand densities by thinning and introducing controlled burns begins to mitigate the impact of 100 years of fire suppression. The IIHAZREDII projects could help return the watershed to a fuel loading level where the forest is Tess prone to complete destruction by wildfire. We encourage you to continue to work with the community in finalizing the details of this and future projects . Sincerely, The Ashland Forest Commission. Bill Robertson, Chairman Don Ferguson, Vice Chairman Teri Coppedge Pete Seda Tom Sanders Richard Brock (c:\forest\hazred97.1tr) °OV As", City of Ashland OFFICE OF THE MAYOR 20 E.Main 5treet Ashland,OR 97520 �R EGOS ':; CATHY GOLDEN MYOR (541) 488-6002 April 16, 1997 DRAFT Linda Duffy, District Ranger Ashland Ranger District U.S.D.A. Forest Service 645 Washington Street Ashland, OR 97520 Re: HAZRED Forest Operation Plan Dear Ms. Duffy: The Ashland City Council at its regular meeting on April 15, 1997, considered the position taken by the City of Ashland Forest Commission regarding the implementation of the above plan in a letter dated April 4, 1997. The City Council endorses the letter sent by its Forest Commission, and wishes to again recognize the value of our two agencies working together to protect this most valuable resource, our water supply, from catastrophic wildfire. Cordially, Catherine M. Golden Mayor ASI-ILAND WATERSHED PROBLEM NOT WILDFIRE, BUT WATER Ashlanders are being told that if they don't support the Rogue River National Forest District Ranger's proposal to cut 589 acres of old-growth forest (3.5 million board feet) from the Ashland watershed, carry out a prescribed burn over 500 acres, and thin small trees on 150 acres, the area is `ripe for a devastating wildfire that would destroy the watershed." Those are.fiiglttening, carelss, even intlamatory words. The Executive Committee met April 8 and discussed the proposed timber cut and slaslvburn in depth. Obviously, everyone wants to protect the watershed. How this should be done is the question. The group determined to its satisfaction that a timber cut more likely could destroy_ the watershed due to its unstable soil after the recent flood. It appointed a committee to reply by letter to the call by District Ranger Linda DutTy for public input by April 26. The major points of agreement The ExComm believes that timber cutting is unnecessary. The FS wants to harvest large diameter trees. Our position is that large, old-growth trees are healthy, have survived many catastrophic natural events, and have deep root systems that penetrate to bedrock. There is no need to open tree canopies as the FS proposes for 20-30 feet of open space between neighboring trees. Tree canopies keep moisure in the ground during hot summer months and prevent heavy snowfalls from piling up in winter months. By cutting them it opens areas to major snow drifts. The FS, practicing fire fighting rather than fire prevention, wants the open spaces for fire fighters and for use by air tankers spreading retardant during a fire. Thinning of the forest is a must. We agree that saplings under 8 inches in diameter should be removed, with the remainder of the area following the FS proposal of Curting and burning undergrowth or. for health reasons, hauling out the underbrush to avoid smoke. Why we believe forests floods are the danger Ashland residents have just expeti-mcccl a horrific flood, initiated by hcavy rainfall that saturated the vallev and its mountains. and filling run-off ereeks. Then came the water-saturated landslides down the mountains of trees, massive boulders; debris, and sediment. blocking most of the culverts and creeks. The mountains above Ashland certainly look solid, but they are fragile. The mountain soil is composed of decomposed granite and is highly unstable, yet this precarious eco system is the very thing the planted logging and new roadways would effect. Forest scientists agree that logging and road building increase the frequency and severity of slide activity. These activities also increase the speed of water nun-off causing. "peak flow" for stream channels trying to cope with increased sediment and water. WTten the next snow season comes, it has to melt and runoff. Where will it 20. over nearly 600 acres of cut timber, new roads, rootless soil, and newly destabilized soil left from the New Year's 1997 slides? •The mountains above Ashland are considered to he in a "transitional snow zone" (2,700 to 4,000 feet elevation), where cold storms come as snow and warm storms come as warm rain. Warm rain on heavy drifts of snow(the result of the canopy cuts that left 20-30 feet of open space) spells melting snow, which spells trouble in the Ashland Watershed. Scientists are in general agreement that either we are entering new climate conditions due to depletion of the ozone layer or we are entering a 30-year wet period. Our last wet period, 1953-1975, produced floods in 1955, 1964, 1973, and 1974. We have already experienced major floods in Oregon--the 1996 floods in Central and Northern Oregon and the 1997 floods in Southern Oregon. Water should be our major concern--abundant, clean water for Ashland that flows from a mountain range carefully managed with great ecological integrity and sensitivity. We must learn from the recent floods and bind together the roots, trees, plants,and soil of .the mountain environment. Watershed forest floods and their landslides are the great hazards that we must confiont, not wildfires.. By Charlotte Holzkamper E9 DLS77ZICT VIOLATES L4 The letter below (portions) was written on March 27 to Linda Duffy, District Rangcr, Rogue River National Forest, by the Rogue Group after it found that the National Environmental Policy Act was not followed in preparing the Environmental Assessment (EA) report. The finding was confirmed by Mark Hubbard , attornev, Oregon Natural Resources Council, who followed up with'a letter to NIs. Duffy citing the sections and pages that spelled out the violation. "Wc believe the plan--presented as two separate efforts--is in violation of the National Environmental Policy Act (NEPA), The Act requires that efforts be combined and presented as a single project if the actions have significant impact on the watershed. To be in compliance with the NEPA guidelines, your office must develop an EIS before proceeding. "We have additional concerns as well. These include: Smoke affects on Ashland residents with lung ailments and diseases: Destruction of shallow root systems if the soil becomes overheated: Destruction of wildlife habitat. "In conclusion we recommend that 1) the Hazred project be presented as a unified whole and in compliance with the NEPA; (2 an EIS report be prepared: (3 many more alternative methods be explored to reduce the potential fire hazard; and 4)new timelines and added field trips be created for meaningful public input and support." .6k 1;CLUB w Rogue Cr®up Sierra Club SIERRA CL UH � /� ^ �o"`%c 84 Fourth Street , Ashland, OR 97520 482-0412 March 27, 1997 Ms. Linda Duffy, District Ranger Ashland 'Ranger District Rogue River National Forest 645 Washington St. Ashland, OR 97520 Dear Ranger Duffy: The Rogue Group Sierra Club (current membership: 1, 325) is very concerned about the District ' s proposed controlled burning/slashing of undergrowth as described in the environmental assessment report for the Ashland Watershed Fire Hazard Reduction Plan. We, believe the plan--presented as two separate efforts--is in violation of the National Environmental Policy Act. The Act requires that efforts be combined and presented as a single project if the actions have significant impact on the watershed. To be in compliance with the NEPA guidelines, your office must develop an EIS before proceeding. We have additional concerns as well. These include: smoke affects on Ashland residents with lung ailments and diseases; destruction of shallow root systems if the soil becomes overheated; destruction of wildlife habitat, plus loss of rodents, rabbits, etc. that serve as food sources for larger predators. In conclusion, we recommend that 1) . the Hazred project be presented as a unified whole and in compliance with the NEPA, 2) an EIS be prepared; 3) many more alternative methods be explored to reduce the potential fire hazard; and 4) new timelines and added field trips be created for meaning- ful public input and support. Sincerely, Ch lotte 0. Holz P er, 'r ROGUE GROUP SIERRA CLUB . .. . -Veb . Z5� 1a0.� Forest Se7--LUogging,iC e chief prioritizes ecology A5'KIW& (D AcCh,.J jf. WASHINGTON(AP mining and Act. livestock grazing must take a back seat to the "These laws represent the conservation val- "health of the land"during a lengthy,expensive ues of mainstream America,"Dombeck said.He effort to restore tattered forest lands, the new said restoration of forests would lead to more chief of the Forest Service said. robust production of natural resources in the "Clearly, we must deliver sustainable sup- long run. plies of wood fiber for American homes, forage "Restoration will not be quick.And in fact, it for livestock and minerals and energy that help will be very expensive. But we must look at support healthy economies," Chief Mike these sorts of activities as investments in the Dombeck said in testimony prepared for his land ... investments that will often not pay divi- first appearance before Congress today. dends until our children's children are born," "But ... the health of the land must be our he said. first priority. Failing this,nothing else we do re- "It took decades for today's unhealthy forest ally matters," he said in his prepared remarks. conditions to develop. It will take an equally Dombeck, appointed chief in December, said long time to reverse them," he said. past policies of clear cutting and fire suppres- sion Dombeck acknowledged the Forest Service helped lead to the current unhealthy state suffers a credibility gap with the public in part of the national forest system. because of past logging policies. In his testimony for the Senate Energy and "The unfortunate reality is that many people Natural Resources Committee, he defended a presently do not trust us to do the right thing. series of environmental laws under assault in Until we rebuild that trust and strengthen those the Republican-led Congress, including the Na- relationships, it is simply common sense that tional Forest Management Act, National Envi- we avoid ... old-growth and roadless areas," he ronmental Policy Act and Endangered Species said. HAMILTON WATERSHED STUDY PROPOSAL BEFORE THE ASHLAND CITY COUNCIL April 15, 1997. Presented by Richard Hart, Siskiyou Environmental Services The recent flood delivered to the east side of our community water, piles of sediment and debris. It cut off a major thoroughfare, entered homes and apartments, many of which are not within the confines of the Hamilton Creek flood plain. Was this an unusual or a fifty-year event, or is it the beginning of a series of similar events on Hamilton Creek? Our initial surveys indicate large amounts of material have sloughed from the headwalls and upper channels. A percentage of this material coursed down into town, causing damage to property and changes in the stream channels. Another percentage is parked along the channel, waiting for the next storm to move all or some of it further down. And there is a percentage of material still within the headwalls that will move on down as these walls begin to stabilize. In order for the community to effectively implement long-term solutions along the length of Hamilton Creek, information needs to be collected and shared in an open forum. The Roca Study is an example of such collaborative work. The same team would like to carry this process over to the Hamilton Watershed. The study areas are of similar size, yet contain dissimilar characteristics. Thus, the Study Team proposes to do the following: • Perform a geomorphic survey throughout the drainage to identify headwater and channel conditions. • Map channel cross sections, choke points, drains, piping size, and final delivery areas. • Organize and conduct public involvement leading to an understanding of the Hamilton watershed's dynamics. Areas of investigation include the following questions: • What human activities affect the watershed's slope, soil, and stream channel stability? • What is the primary mechanism(s) delivering coarse sediment and debris to the • Hamilton steam system and storm drain network, and where do these processes occur? • What is the character, distribution, and timing of low flow and high storm flows in this drainage? • What trends can we expect in future sediment production and how do they compare to historic rates? • What other types of potential impacts to the stream course that may be associated with human activity and land use? The Study Team requests $15,000 to perform the assessment and the community outreach portions of a two-year study. We are seeking other funding and partnerships, as we have successfully done so for the Roca Study. The Team is comprised of Linda Chesney, Steve Koskella, Kerry KenCairn, Pamela Tennity, and Richard Hart. CITY OF ASHLAND Department of Community Development {! "+ Planning Division MEMORANDUM .REGO c� DATE: April 11, 1997 TO: Honorable Mayor and City Council FROM: Bill Molnar, Senior Planner RE: Modifying the location of a public pedestrian easement - Oak Street Meadows Subdivision The recordation of Phase II of the Oak Street Meadows Subdivision included the dedication of a 4' wide public pedestrian easement between lots 6 and 7. The dedication of the easement was a condition of approval and was intended to provide a future connection from the Oak Street Meadows Subdivision to the Ashland Creek Floodplain/Greenway. The actual improvement of the easement would not occur until public access is acquired down to Ashland Creek and the surrounding floodplain. The subdivider of the property, Don Greene, has requested that the easement be re-located adjacent to the east and north property boundaries of Lot 6 (see map). [7 zol (1) 5 1 1 0.11 5-C 1:0 2. 4 u 203 ltalr L �ARTITION PLAT NEVADA .. ...• 2010 2000 .900 1902 702 1901 'S. 79� 1700 C W O 028a ItZEN w 2U8 4j 1801 Qj 0 39A, 160 ------------ 1 180 20 . . . 002 G'>..4. `900 Ler 1607 1600 1604 —013Ac 1608 OAK MEADOW 7. '1 PLACE Rl� �0-20k fj)NT - I'll? 4c 2002 1,— CS 146M 1601 1001. r'o100. 7 1611 ,n I kc I QISAC t4A. '4 0 160 0o82 3' Qi rc 15Z N,3 Qs G) 0 17Ac 1612 W lim 8� 013AC 0 1602 2003 2 IZT /000 1500 1610 1603 13 Q 3 7S 14c 234, 013AC ti 2004 W. Line DLC 41 4.1 2005 1 1300 Co,. DLC 40 NE CS-1411Z 1100 f 2006 ..1303 P-74-� � 2. 0.92 CS-14112 0 2007 1 1304 P 74.1994 1101 fi 092Ac 1390 004{¢ v... 1400 1301 1200 1401 DAVID A. EDWARDS 2339 � Expires 17/17/95 Slollon /SS /N/114L PaIrl Zr Fd. S/B" diom. rcbar Fd. T diam. i �O'_ J M ?A�` rr V on fop � 6: deep w11 mh %�dI�.;N. 3011 ,boss Cup m.F 19-Z e5 6o�ndory Line by Agroemen/ pdr Ooc. No. 91-71011 Fence is Z' Ncdln - --- N88'27' -W 208.86' 1 20.a7 • N c 1,00.8y - . .. _______________y NUW Abe. TION-'4r----- � 30 �E$ZQI A!J 1 i ;3 UE MM ,tI T I I LOT 5 n j 5795 LOT. 6 8702 sq- ft. 6,00• r 1 7 Set !" dian 6.00' u "LS 21. ein monume ,,--- -- PIE ; . ----- -------------�� \� � b FjxISTINC.I `> \ o 30' LOGATto�l ��~ ^ 1I a of 4' WIDE EASEnAPld'f LOT 7 ti 8648 sq. y I � e 1 _ n I t I J 2 N rn _ 2 13'�,2ZI q I3' N ------ --- --� 0.2': 3 SB9'40'S6E 105.00' N;_• A to O J T p = - - '^ 30 'nio Bvi/dint' i O o O r- "icol I LOT 8 I 20;00' aC 7461 sq. ft. i p I I � 20.00' I g I S89'/,0'WE 78.59' I I ri I 7�-- 27.88' 9 38.00' f i I 1 ---- w N 589,14,56E 103.17' --_- :1° - -_ -_ - _ -IIN m 6.00' IN---------------- iT10.00' --1 i 30' I I # ' -5" wide R U t N LOT 11 , ; 4 LOT 10 a 3386 sq. ft.1 m 8 LOT 9 ; W ; 3627 sq. ft. o 10129 sq. ft. I 6.00'--1 I I h I Ai,, /en d 7 DEDICATION Don L. Greene, owner in fee simple of Lot Six ( 6) of OAK STREET MEADOWS SUBDIVISION, a Planned Community, Phase 2, in the city of Ashland, Jackson County, Oregon, does hereby dedicate a strip of land four (4a) feet in width for a public pedestrian easement over and across that portion of said Lot 6 more particularly described as follows: A stip of land, four feet in width, the northerly and easterly line of which is more particularly described as: Beginning at the northwest corner of Lot Six (6) of OAK STREET MEADOWS SUBDIVISION, a Planned Community, Phase 2, in the City of Ashland, Jackson County, Oregon; thence South 88°27'44" East, along the north line of said Lot 6, a distance of 108.02 feet to the north-northeast corner thereof; thence South 00 019102" West, along the easterly line of said Lot 6, a distance of 53.88 feet to an angle point in eaid caotcrly 11nc1 thcnoc South 65°00'00" East, along said easterly line, 45.58 feet to a point on the westerly line of Oak Meadows Place and there terminating. This easement is dedicated in replacement of that certain four foot Pedestrian easement and pathway located on the northerly line of Lot Seven (7) of Oak Street Meadows, a Planned Community, Phase 2, in the City of Ashland, Jackson County, Oregon, as set forth on the recorded Plat and Declaration thereof, and also set forth in Article II, Paragraph 6 .of the Declaration of Covenants, Conditions, Restrictions and Easements for Oak St. Meadows, a Planned Unit Development recorded December 3, 1991 as No. 91-29507, of the Official Records of Jackson County, Oregon. Dated this April _, 1997. Don L. Greene State of Oregon, County of Jackson) ss. The foregoing instrument was acknowledged before me this day of April, 1997, by Don L. Greene. Notary Public for Oregon My commission expires: ,. � TERMINATION OF DEDICATED EASEMENT The City of Ashland, a municipal corporation of the State of Oregon, does hereby terminate, and release and quitclaim to the record owner in fee simple all its interest in, hat Certain four foot pedestrian easement and pathway located on the northerly line of Lot Seven (7) of Oak Street Meadows, a Planned Community, Phase 2, in the City of Ashland, Jackson County, Oregon, as set forth on the recorded Plat and Declaration thereof, and also set forth in Article II, Paragraph 6 of the Declaration of Covenants, Conditions, Restrictions and Easements for Oak St. Meadows, a Planned unit Development recorded December 3, 1991 as No. 91-29507, of the Official Records of Jackson County, Oregon. The consideration for this termination is the dedication of a replacement pedestrian easement to run Over the northerly and easterly line of Lot Six (6) of said subdivision, said replacement easement to be recorded concurrently herewith. Dated this April 1997. The City of Ashland, a municipal corporation of the State of Oregon by State of Oregon, County of Jackson) ss: The foregoing instrument was acknowledged before me this day of January, 1997, by , as of the City of Ashland, a municipal corporation of the State of Oregon. Notary Public for Oregon My commission expires: ZOii j SI1 '003 6LO9 ZLL COSQ ZZ f' - s CITY OF ASHLAND .��pF Administration �Za MEMORANDUM o To: Mayor & Council From: Greg Scoles, Assistant City Administrato Date: April 15, 1997 RE: An Ordinance Modifying Section 3.08.050 of the Ashland Municipal Code and Repealing Ordinance No. 1415 as Amended, in its Entirety, in Order to Modify the Procedure for Creating a Position Classification Plan for the City of Ashland. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This ordinance modification is intended to clarify the procedure used in preparing and maintaining position classifications for city employees. The amendment is primarily a "housekeeping" measure with the exception of Section 2, which would repeal Ordinance No. 1415 creating a position classification plan. Ordinance No. 1415 was adopted in 1965 and would no longer be necessary once this amendment is adopted. Recommendation: It is recommended the council adopt the attached ordinance as presented. ORDINANCE NO. AN ORDINANCE MODIFYING SECTION 3.08.050 OF THE ASHLAND MUNICIPAL CODE AND REPEALING ORDINANCE NO. 1415 AS AMENDED, IN ITS ENTIRETY, IN ORDER TO MODIFY THE PROCEDURE FOR CREATING A POSITION CLASSIFICATION PLAN FOR THE CITY OF ASHLAND ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE NN€D THR9H6_H AND ADDITIONS ARE SIAtTED. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 3.08.050 of the Ashland Municipal Code is replaced in its entirety as follows: 3.08.050 CLASSIFICATION PLAN. A. Position Classification Plan. The City Administrator shall prepare and be ...................... responsible for a poSniori classification plan which shall be a part of these policies. Copies of this plan and of specifications for individual classes shall be available in the effiee of the Personnel Ass;sta Offlce B. Titles and Specifications. The position classification plan shall include titles and written specifications for the various classes of positions as a guide toward equal pay for equal work. Job titles shall refer to a particular position and not to the individual. 1. Each position shall, on the basis of the duties and responsibilities of the position, be allocated to an appropriate class. 2. Each class shall have a specification that includes a concise, descriptive title, a general description of the duties and responsibilities of each position in the class, and a statement of the minimum or the desirable qualifications for each such position. The position specifications take into consideration the requirements of the job and are merely descriptive and explanatory of the work to be performed. They may not necessarily include all of the duties. C. Reclassification. 1. The City Administrator may rec-+aSSfcat,ofl 0# rres '.cla a position whenever its duties change ...................... materially, provided the reclassification can be accomplished within the limitations of the current budget of the City. Page 1 - ORDINANCE (g:\gregs\c1asp1an.ord) 2. Reclassification shall not deprive an employee of, or change the . date of eligibility for, scheduled pay increases which would otherwise have been granted. 3. If an employee is promoted, or a position reclassified, to a class having higher salary range the employee's salary rate shall be adjusted to the minimum rate of the new class. However, if the employee's current salary rate is higher than the minimum rate for the new class, adjustment will be made to the next highest rate which exceeds the employee's current rate. 4. When an employee is transferred between positions with no change in classification or is transferred or reclassified to a class having the same salary range, the rate of pay shall remain the same. D. New Positions. The City Administrator may create new positions and allocate the positions to an appropriate class upen approval by the City GewReif. The City Administrator shall prepare appropriate class specifications therefor. SECTION 2. Ordinance No. 1415, as amended, entitled " An Ordinance adopting and creating a position classification plan for the City of Ashland: Describing the work, giving examples of work, setting forth desirable knowledge, skills, and abilities, and providing desirable experience and training for each position in the City's classified system; and creating an emergency," is repealed in its entirety. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(c) of the City Charter on the day of , 1997, and duly PASSED and ADOPTED this day of 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor roves tp form: Paul Nolte, CCiiitttyy Attorney Page 2 - ORDINANCE (g:\gregs\casplan.ord) RESOLUTION NO. 97- A RESOLUTION PROVIDING FOR A DEFERRAL OF LOCAL IMPROVEMENT DISTRICT ASSESSMENT OF PAYMENTS FOR QUALIFYING SENIOR CITIZENS AND DISABLED PERSONS RECITALS: A. The State of Oregon in ORS 311.702 to 311.735 provides for the deferral of special assessment payments for low-income senior citizens; and B. The City of Ashland desires to expand the State program to other qualifying senior citizens and disabled persons through the deferral of assessment payments until the property changes ownership. NOW THEREFORE IT IS RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND. AS FOLLOWS: SECTION 1 Deferral Program Established. The City of Ashland hereby establishes a program for the deferral of payments for qualifying senior citizens and disabled persons under the terms set forth in this resolution. SECTION 2. Eligibility. Owner-occupied dwellings where an owner is over the age of 65, or disabled, as defined by the Americans with Disabilities Act, and whose annual family income does not exceed eighty percent (80%) of the median income of families in the Medford-Ashland Metropolitan Statistical Area (MSA), shall be eligible for a deferral of assessment payments under a local improvement district. The income levels for 1997 are as follows: Family Approved Size Median Income 1 20,240 2 23,200 3 26,080 4 28,960 5 31,280 6 33,600 Median income levels shall be determined by the City's Department of Community .Development in May of each year for the annual family incomes published by the U.S. Department of Housing and Urban Development. Page 1-RESOLUTION LID ASSESSMENT DEFERRAL SECTION 3. Limitation on Amount of Deferral. The amount which may be deferred is limited to the assessment of a standard lot with a frontage of not more than 80 feet or an area of not more than 8000 square feet. SECTION 4. No Interest Charaed. The deferral shall be carried by the City at no interest and the principal amount shall be due and payable in full upon title to the property being transferred to another person, or upon the occasion of the qualifying individual no longer living on the property. SECTION 5. Cap on Total Amount of Assessment Deferrals. The total amount of assessment debt that may be deferred at any time shall be limited to an aggregate of $50,000. Applications for deferrals shall be received and approved up to this amount on a first- come, first-served, basis. SECTION 6. This resolution shall be effective on July 1, 1997. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney Page 2-RESOLUTION LID ASSESSMENT DEFERRAL �rae.oirtud�s.��i CITY OF ASHLAND Administration o toy. MEMORANDUM To: Mayor & Council » � O /� From: Greg Scoles, Assistant City Administrat�$1 Date: April 15, 1997 ]UnU RE: A Resolution Clarifying Certain Conditions of Employment for Management and Confidential Employees and making Such Conditions Consistent with the Federal Fair Labor Standards Act. ----------------------------------------------- ----------------------------------------------- The attached resolution modifies certain conditions of employment for management and confidential employees. These modifications are intended to eliminate: (1) inconsistency with the General Personnel Policies (Title 3 of the Ashland Municipal Code); (2) eliminate unnecessary payroll tracking provisions; (3) provide consistency between job titles; and (4) bring the provisions into compliance with the Federal Fair Labor Standards Act. Major changes are as follows: Sec. 4.3.4. Residency. This section has been modified to be consistent with section 3.08.040.k of the Ashland Municipal Code which notes that city residency shall not be a condition of employment but that those employees who may be assigned to stand-by status will be required to live in the Ashland area. The Municipal Code section also indicates that department heads are "encouraged" to live in the city limits. Sec. 5. Holidays. This section has been modified to eliminate the "birthday holiday" and add it to the vacation accrual (sec. 6.1.). This change is proposed in order to eliminate unnecessary tracking of the unique holiday by the payroll office. Sec. 6. Vacations. In addition to moving the above mentioned holiday to vacation accrual this section has been modified to move the existing "longevity days off" into the actual vacation accrual. This will eliminate the requirement of the payroll office to track these longevity days. There is no net increase or decrease in this benefit with this change. Sec. 16. Compliance with FLSA. This section has been added to preserve the city's exempt status for management employees under the Federal Fair Labor Standards Act (FLSA) This amendment will allow the city to continue to treat management employees as salaried rather than hourly. If the city's policies fail FLSA's salary-basis test and management employees are considered hourly, then they would be eligible for overtime compensation. Appendix "B" -Highlighted changes are incorporating existing benefits and do not represent any changes. Recommendation: It is recommended the council adopt the attached resolution as presented. RESOLUTION NO. 97- A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND MAKING SUCH CONDITIONS CONSISTENT WITH THE FEDERAL FAIR LABOR STANDARDS ACT BY REPEALING RESOLUTION NO. 96-37. ANNOTATED TO SHOW DELETIONS AND ADDITIONS FROM RESOLUTION 96-37 BEING REPEALED. DELETIONS ARE LINED THROUGH G AND ADDITIONS ARE NA, ) l. Recitals: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members of labor unions; B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the city and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees; The mayor and council resolve as follows: 1. Scope of Resolution. Resolution No. 96-37 is repealed. This 1997 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "A", tats. ptt=i7 . Where the term "employee" is used, it shall mean :sue , regular full-time employees and probationary employees as defined in section 2 and Appendix A. This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employee includes those classifications in Appendix "A" under "Confidential." 2.2. Department head. A person directly responsible to the city administrator, mayor or city council for the administration of a department. 2.3. Employee. A person in any of the classifications listed in Appendix "A" who has completed the probationary period. PAGE 1-RESOLUTION )p:gregslmwaflsa.res) 2.4. Management or Manager . Those classifications included in Appendix "A" under the title "Management." 2.5. Probationary Employee. A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position. 2.6. Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose. The purpose of this resolution is set forth generally in the preamble. More specifically, the resolution has three fundamental purposes: 3.1. To clearly establish which classifications in the city service are management or confidential. 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance. 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees. 4. Managerial Performance. 4.1. Goal Settina. Basic goals for the City of Ashland are set by the mayor and! council. Resources for achieving those goals are provided via the annual budget. Operational goals and short range objectives are set by the city administrator working with department heads. The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers. 4.2. Managerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities: 4.2.1. Getting the job done properly and on time, 4.2.2. Keeping the workplace safe and healthy, 4.2.3. Encouraging team work and cooperation among employees and departments, 4.2.4. Developing employee skills, 4.2.5. Keeping records and making reports, and 4.2.6. Actively promoting affirmative action at all levels. 4.3. General Expectations Regarding Management Employees. In addition to the specific performance standards mentioned above, there are also general city expectations of its managers. PAGE 2-RESOLUTION (g:grags\manaflsa.r") 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the city expects a commitment of continued service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 14. Management employees may take compensatory time off at their discretion as long as they exercise judgement so that their absence does not unreasonably interfere with the city's operations. In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement. 4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland. 4.3.3. Termination. If at any time a manager's performance is deemed unacceptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination. 4.3.4. Residency. Residency within the Urban Growth Boundary shall be a job requirement of the city administrator and „g1y> GpgedpC department heads. The following employees shall establish their residence to enable them to report for emergency duty within 30 minutes of notification including "get ready" and travel time: Street Superintendent Street Supervisor Water Quality Superintendent WateF Quality Supervise UV�.stewtater.Colieetion Supervrsor Water 17�tr,Riut�on 5i�ennsof WastewaterTreatmertt Plant 5upenrisiar W;�ter Tr�ati'tE3bt �j�rrt S�lpeitiStu Electric Operations FeFer�aa Super�nfettdeni Fire T�ainfn9 jNtS P�agram t�irectcx PAGE 3-RESOLUTION (g:Arepa\mananear ) i Police Sergeant Police Captain Police Lieutenant Assistant Fire Chief Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. 4.4. Essential Management Functions. The following are the essential functions of all city management positions and the expected standards for their performance: 4.4.1. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city and/or departmental goals. 4.4.2. Oraanizing. Efficiently and economically organizes and carries out assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules. 4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and allows employees to make significant contributions to the accomplishment of objectives. 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision Making/Problem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make decisions. 4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources. 4.4.8. Budgeting. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits. PAGE 4-RESOLUTION (9:6rWs�manaflse.rm) 4.4.9. Safe . Maintains a safe, clean, pleasant work environment, and supports the city's overall safety program. 4.4.10. Self Development. Stays current with new ideas and procedures in the manager's field of responsibility. 4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace. 5. Holidays. 5.1. Recognized Holiday. Such holidays as are set forth in AMC §3.08.080. M Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, the , in lieu of time off. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. lg 2 If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 6. Vacations for Management and Confidential Employees. 6.1. Eligibilfty. Management employees shall be eligible for vacation with pay in accordance with the following sections: 6.1.1. Employees with less than five oer full years of continuous service shall accrue eig4# $6.2 hours of vacation for each calendar month of service worked. days maximum). Upen eempletien ef !he fifth full yew seFy days e# YeF Fnw(*FnuFn total Of 16 WGFI(ing days). 6.1.2. Employees with more than We ' but less than tern @M full years of continuous service shall accrue 1l} 7 hours of vacation credit for each calendar month of service. the tenth full yeaF ef eentinijeuc; Oeyee will In addition be awarded three lengevity days eff tetal ef 18 working days). PAGE 5-RESOLUTION 1p:gregs\m neflse.res) 6.1.3. Employees with more than tefi rune but less than #6 full years of continuous service shall accrue 1Z,01 hours of vacation credit for each calendar month of service. FA,-WFnUFn ). lJP9R GGFnpletiOR Of the 16th full year nef teenfimu-&--.1; )leyee will in additien be awaFdeEl two lengevity days eff YOF a Fnal(OFA'WA �A*R' Rf �() wed(ing days). 6.1.4. Employees with more than 46 1 but less than 20 full years of continuous service shall accrue 18.33 1 hours of vacation credit for each calendar month of service. xknum). Upen eempletien ef the 20th full yeaF ef eeAtinuew Pleyee will in additien be awaFded 2 longevity days Off YOF a FAa)(i VGFkiRg days). 6.1.5. Employees with more than 20 1. but less than 26 gi- full years of 0 continuous service shall accrue 14.67 14 hours of vacation credit for each S calendar month of service (22 WBFI(ing days maximum). WpeR eempletien Of 25th full yeaF ef eentinueus sepAee, an empleyee will an additieR be aWaFded thFee lengevity days eff OeF a Fna)(imum total ef 26 WOFI(ing days)7 6.1.6. Employees with more than 25 24 full years of continuous service shall accrue 16.67 hours of vacation credit for each calendar month of service (26 werl(ing days maximum). (N d 6.2. Utilization. Vacation leave taken shall not be in excess of that actually accrued at the time it is taken. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management employees are required to take not less than 75% of accrued annual vacation as time off each year. The balance of accrued vacation may be taken either as time off or paid in cash on June 15 of each year. Vacation may be carried over with the approval of the city administrator in special circumstances, but in no event shall the total accrual at any time exceed twice the amount of the employee's annual accrual. PAGE 6-RESOLUTION (wgregs\manaffsa.,a ) 6.5. Schedulina. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations. Vaeatien leave sheuld be requested OR fGFFnS PFevided by the sity Rat les-s than 39 ealendaF days PFOOF tO the time Fequested. 6.6. Payment on Termination. in the event of death eF teFFRinatien e eFnPI9YM8Rt, the eFnpleVBB shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. 7. Hours of Work for Confidential Employees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall consist of five consecutive days as scheduled by the department heads or other responsible authority. 7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period which shall not be paid. 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the Head of the Department to notify employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift. 8. Sick Leave. 8.1. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual as ef juRe 30 of eaGh yeaF cannot exceed 720 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the PAGE 7-RESOLUTION (g:gregs\m..a f1s..res) employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. @M employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. Confidential employees may be granted the use of sick leave for illness in the immediate family. 8.4. Integration with Workers Compensation. When injury occurs in the course of employment, the city's obligation to pay is limited to the difference between any payment received under workers' compensation laws.and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumulated sick leave will be any leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay. 8.6. Pay for Unused Sick Leave. Management employees may elect to receive twenty-five percent of their unused sick leave accrued during the preceding twelve months as paid compensation or paid leave, with the balance of unused sick leave added to cumulative sick leave. 9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children,brother, sister, mother-in-law, father-in-law, or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence 10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification therefor in instances where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the city. PAGE 8-RESOLUTION (9:6ra9s�manafIsa.rm) 10.2. Jury Duty. Employees shall be granted leave with pay for service upon a jury; provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received for such jury service, and upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an,employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. vote. 40� ' 5 Family Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 40� (S < Military Leave. Military leave shall be granted in accordance with ORS 408.290. 40$ >1 ... E Failure to Return from Leave. Any employee who is granted a leave .� of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of not being able to work by reason of sickness, physical disability or other legitimate reason beyond the employee's control. 11. Discipline and Discharge. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city. 11.1. Discipline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: (a) Oral reprimand (b) Written reprimand (c) Demotion PAGE 9-RESOLUTION (g:gregs\m.nnnse.r s) (d) Suspension (e) Discharge Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the wilful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, wilful violation of departmental rules or this management resolution, commission of any matter listed in AMC §3.08.030.8 or for political activities forbidden by state law. 11.2. Discharge. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause. 11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. Employees, other than those appointed by mayor and city council, may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final. 12. Probationary Period. 12.1. New Employee Probationary Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the department by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. New employees shall serve a minimum probationary period of twelve months after which, upon recommendation of the head of the department, they shall be considered regular employees. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a twelve-month promotional probationary period. The city may at any time demote an employee on promotional probationary status to their previous position with or without cause. 13. General Provisions. 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability,. PAGE 10-RESOLUTION (g:gregs\manafIsa.rm) 13.2. Other Employment. Outside employment shall be permitted only with the express prior written approval of the city administrator who shall follow the principles set forth in AMC § 3.08.040.1. The city administrator may at anytime revoke permission to hold outside employment. 13.3. Workers Compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liability Insurance. The city shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties. 14. Compensation 14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. 14.2. Compensation - Pay Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the city council. When any position not listed on the pay schedule is established, the city administrator shall designate a job classification and pay rate for the position. 14.3. Overtime. Management employees are expected to devote whatever time is necessary to accomplish their job. For all employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The city administrator, city attorney, department heads and division supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the city. All other management personnel and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No employee shall have more than 40 hours of compensatory time on the records at any time. 14.5. Administration of Pgy Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the city administrator may appoint a new employee at any appropriate step within the pay range. 15. Health. Welfare and Retirement. The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. PAGE 11-RESOLUTION (9:9ra0s�mannFlsaxr ) re�draf�,�'� ���tatu's t�t �ott�r���c�r�a�de �drmr��rr�� ex�trt ci pr.yo��siot�t,q��alr�y�s, as��has��teis��� ad in�'i� teral��r�:at�ar Standards, 'A{jjR. `ys��� �.B�E$� BITlptoyess st�a�.r�s€due their pay�fogketl er reduced �n {aa�R�la��iarFthat�d be�rie+a�s�st3�.����s�t�prC��t�sQse�fartyy� ��p,ti��♦�.Sy�i�+net S�f�t�t�, altr�s� ^3 v_.'�^^.�^. '�.,.,�' :...".NR.o.<^ .vss:�E`:.:'<c::x.< .< .j.. .y<. ::uw��G.-•.�YGT'::RTRilf�it��vyi,:s��� :�'�t 1:�:��w,��:^i����rTTT' �•.. �.,L�� ' :� ...s0.Z+F`�&�:.ECY..O'22:5 `...^�..S:F......................................la:.'..Sk.V<:<S Ek&aY:�£' '�^....6w.�:L:.�� :. .... 2L1tL'a..s^tih✓YU'.a'" ...�. Me)i This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of April, 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 1997. Catherine M. Golden, Mayor e wed as to for Paul Nolte, City Attorney PAGE 12-RESOLUTION (g:gregs\mansf1ss.re ) APPENDIX "A!' - t`19 Classifications in the Management and Confidential Employee Groups MANAGEMENT City Administrator/Department Heads City Administrator/General Manager Assistant City Administrator/Personnel Director Director of Public Works/City Engineer Electric Utility Director Director of Finance[A Ghie€of Police thief Fire Chief D ect Community Development DiFeeteF City Attorney Division Supervisors Street% t Superintendent Water Quality Superintendent Building Official Assistant City Engineer/City Surveyor Police Captain P;€)li Adrfit��ttttb�-S�� �< [ �Ir Senior Planner Purchasing Agent/Cemetery Superintendent Supervising Accountant Regional Affairs/Conservation Manager Assistant Fire Chief/ME'#vI �S �t Fire/EMS lr?? g3: 5C€tr Electric Operations Superintendent Senior Program ]r t r MaaageF Mid-Level Supervisors Wastewater trolleot;oh Superv�sar a�� t�l�tnbutlon;'�t, r�tr ' Wastewrer Treatm+3n# Plant�r�rs`r➢sur Wl I«Ieatrent. ?ltt,Supetui5i StreetA'Supervisor"'""A"'A" "' ' Police Sergeant Computer Services Manager Public Works Administrative Assistant CONFIDENTIAL Executive Secretary Legal Assistant Personnel Assistant Administrative Secretary Secretary PAGE 13-RESOLUTION )g:gregs\manaflsa.res) APPENDIX "B" Health. Welfare, and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. 1. Health Insurance. A. Premiums for Blue Cross'/ltSEeid Plan V! , including Full Service Vision insurance, for employees and their dependents. Coverage will commence for new employees the first of the month following 90 calendar days from date of employment unless otherwise approved by the City Administrator. ( 1 Ogre At13nsspltaCkx�msSksl ; +aOls rf ercfl►s tieflref 3± ar �P�d,�k�re�q�� uir�sgt�secxx�gy�ai�,;tc�,���fri> 'ie�m t3f$'fi�l.##f each e�y� ���dl����ai�it.xt' �nses:�tr�cxatioris ad��tincc�Ea�i�orts.�e art q�i'fef;tFta B1ufe5+Gross�Btue ei��fa��wattt?a OE}wit the$�.�ts�nofi V + .:::, g ..mp.w.,x:. .:ar<. xuk:.xe xvxiu,;�'4.c..�•<.<,u..ae�..<e :o.a a,n.::�uz.a..o wd,v.....e:<:i 0 1£'dittir7e iy5idaf 1«xar tttiQris = eukilie pttysalear naWs�?nt�li be praSied for pk�yles and'deyf>rrtts as fpllwx Age 218 ante ev&zy, gyears up s so.0D 79= 4 `, or�ce'�very��t�`,�y�arShu�tcf�'1'4Ef l�fl Abe 85ar9 r t7rlce BYer���<�tearS i9}Z tt7�14U�O e CiY i c ce iv r year p taki6l 'Mu 2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual salary. 3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each qualified dependent of an employee. 4. Salary Continuation Plan. Premiums for the League of Oregon Cities Salary ort < >ec «Istity<Ctsur5ce. 5. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-half of unused sick leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent. 6. Social Security. Contributions to Social Security as required by law. PAGE 14-RESOLUTION (9:ereBS\m nef1sa.rw) APPENDIX "B" Health. Welfare & Retirement Benefits Page: Two 7. Dental Insurance. Premiums for Blue Cross Option III Dental plan for employees and their dependents. 8. Medical Insurance for Retirees. Any employee retiring with fifteen or more years of service with the city and who is age 60 or alder, shall be eligible for participation in the city's medical insurance program, with the city contributing the cost of Blue Cross Preferred Choice 65, Plan C, or its equivalent. 9. Deferred Compensation. Deferred compensation in the amount of $15.00 per month in matching funds per employee enrolled in a city deferred compensation program. This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. PAGE 15-RESOLUTION (g:greg4ma"sf1sa.res) 1109 Oak Street Ashland, OR 97520 (541) 482-3129 April 14, 1997 Ashland City Council Ashland.City Hall Ashland, OR 97520 Dear Mayor Golden and-City Council Members, On April 15.you_will be hearing a request from Mr. Don Greene.to move.a public pedestrian easement in the Oak Street Meadows subdivision. We live directly to the north of this development. Don Greene plans to move the easement from.between Lots 6-and 7 of the subdivision to the northerly edge of-Lot 6 which runs for 100 feet along our property line. We strongly object to moving the public easement adjacent to our property. Oblectlon to Proposed Shift of Location of Easement The dedication of the easement was apparently a condition of the initial approval for Phase R of the subdivision and was intended to provide-a future connection from the subdivision to the Ashland Creek Ploodplain/Greenway-. It-does not seem right that-our privacy and.property values-should.be impacted by having a.public easement directly adjacent to half the length of our property in order that this criteria be met. We think that_the.easement needs.to-be located within the subdivision itself rather than significantly affecting the adjacent property. If the present proposal were approved, due to the steep bank down to-the floodplain, pedestrians using.the access would.have clear view over our property even with 6' fences around the pathway. Pedestrians walking alongside our property would significanUy affect our privacy and.the.value of our property. We do not_believe.that we should have to bear the burden of public access because of an agreement between the city and Don Greene. Alternate Options within the Subdivision are Possible If Mr. Greene wishes to relocate the easement from its location on the approved plans, there are possible places internal to the subdivision itself where an easement could be located--for example, between Lots 7 and 8, or between Lots 8 and 9. In both of these locations the easement would be shorter than the proposed easement (105' or 123' rather than 209') and there would also be less slope to the flood plain requiring fewer steps. These factors would significantly impact the financial cost of improving the easement when that is required. Why Wasn't This Concern Addressed Earlier? There have already been several major changes in this development since it was initially approved. The last change required the submission of a new outline and final plan in January, 1997. When that final plan was approved there was no mention of a public pedestrian easement and we would have strongly objected to its relocation adjacent to our property if we had known about this. This is a last-minute change and construction has already started on Lot 6 and two other houses have been completed on Lots 7 and 8. Why Were We Not Notified Sooner? We also wish to object that we were informed of the proposal for the relocation of the easement on April 12. We were informed that it would be considered at the April 15 City Council meeting, giving us little time to research and respond regarding the impact on our property and the rights we have as property owners regarding public easements in new developments. Questions Reaardlno Easements 1. Can the city request a developer to-include a-public easement related to his development and then allow him to locate it next to adjacent property_without consultation or consent from the affected property owners and without a public hearing and Planning Commission approval? 2. When we.purchased our property we-assumed-that the-final plans for the development in effect at the time of purchase would be adhered to. Does the city, have the right to locate a pedestrian easement alongside private property regardless of-prior plans in effect when that adjacent property was purchased? We_ request. that the easement be located_ Internal to the_ subdivision or that the requirement for public access for this -development be -removed. At the very least, we would.like the decision postponed so that we have more time to research the appropriate ordinances. Thank-you for hearing our concerns. Sincerely, Ma en Graham Jean Semrau /cc: Bill Bill Molnar, Senior Planner