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HomeMy WebLinkAbout2013-0820 Council Agenda PACKET CITY OF -AS H LAN D ImgOtftaOt: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to [heCouncil on airy item on the Agenda, unless ifisthesubjec[ of a public heari@q the recordis closed. Time permitting, tae Presiding Officermav alloworal testimony. If you wish [o speak, please fill out the Speaker st form loca[ed•.neardme entrance to the Chambers. The chair will recognizeyou and inform you as [o4he amounfof time allotted to ny. Thgrantedwill be dependensome extenfon the natureof the itemunder discussion, tlme.number ofpeople who wish to speak, and.thelength of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 20, 2013 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of August 5, 2013 2. Business Meeting of August 6, 2013 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation from Chief Karns on the Ashland Is Ready event VII. CONSENT AGENDA 1. Endorsement of SOPride for the purpose of hanging a banner 2. Endorsement of the Monster Dash for the purpose of hanging a banner 3. Initiation of adoption process for Normal Avenue Neighborhood Plan 4. Initiation of adoption process for Unified Land Use Code 5. Annual renewal of liquor licenses 6. Appointment of Joe Graf to the Transportation Commission 7. Acceptance of first right of refusal offer for the remaining lease rights of a hanger at the Ashland Municipal Airport . 8. Renewal of IGA with Jackson County for building inspection services COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050}) None IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed.for Public Forum is 15 minutes. The Mayor will set,time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS 1. Update to Council regarding post Road Diet assessment XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending the Health and Sanitation Chapter (9.08) and the General Regulations Chapter (18.68) of the Ashland Municipal Code to establish provisions for the keeping of micro-livestock and bees within residential districts." 2. First reading by title only of an ordinance titled, "An ordinance amending the City of Ashland Comprehensive Plan to adopt the Housing Needs Analysis as a supporting document to the City of Ashland Comprehensive Plan." XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session August 5, 2013 Page 1 of 2 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, August 5, 2013 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Lemhouse, Rosenthal, Voisin, Marsh, Morris, and Slattery were present. 1. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 2. Continued discussion of creating an urban renewal agency and district(s) City Administrator Dave Kanner explained the only change since the feasibility study was the inclusion of land within the study areas in the Jackson County Enterprise zone. The enterprise zone slowed the rate of tax growth in an urban renewal district by suppressing the ability to bond for projects because the City would not be able to raise much money for debt service. In terms of Croman Mill, the feasibility study - found the City would not be able to generate enough revenue to pay for all the projects identified in the study. An urban renewal agency would be able to do fewer projects in Croman Mill site due to the enterprise zone and ecommerce overlay. Community Development Director Bill Molnar confirmed the Croman Mill area was not capable of raising the $20,400,000 of improvements and at the minimum needed to generate $11,000,000 for critical public infrastructure. Council was interested if Croman Mill could be a single urban renewal project. Mr. Kanner noted each urban renewal district had its own budget and clarified an urban renewal agency could take on multiple districts. For Ashland, one district would require a half time project manager. Management Analyst Adam Hanks explained the IOF (Immediate Opportunities Fund) from ODOT (Oregon Department of Transportation) predicated an entity signing up to be the job creator. Plexis Healthcare Systems was originally interested in moving to the site but did not want to commit to the job creator requirements in the IOF Grant. The property owners could not apply for the IOF themselves and needed ajob creator to receive the grant. The first developer in the area was responsible for putting in the road and curb. Council discussed setting urban renewal aside to focus on the Croman Mill Master Plan, make any necessary changes then determine whether urban renewal was an option. Mr. Hanks explained the property owners were not active partners and interested in getting a developer. Mr. Molnar thought the significant infrastructure costs affected the desirability of private investors. Council directed staff to convene a meeting with the property owners and their representative Mike Montero, SOREDI (Southern Oregon Regional Economic Development Inc.), Councilors Lemhouse, Morris, and Slattery, the Mayor, Mr. Kanner, Mr. Molnar, and Mr. Hanks. The group would discuss possible funding by the City, infrastructure ..adjustments to the Croman Master Plan, determine impediments to the project, and share results at the next available Study Session. 3. Discussion of whether to proceed with miscellaneous Municipal Code updates City Administrator Dave Kanner explained the state passed a law that would allow legal marijuana dispensaries to get business licenses although it remained illegal under federal law. Ashland Municipal Code did not support business licenses for establishments conducting business that was illegal under any law. There were three possible options. One option would explicitly state if a business had an Oregon City Council Study Session August 5, 2013 Page 2 of 2 business license to operate a dispensary the City would issue an Ashland business license. The second was adding language to the code if it was legal under state law the City would issue a business license. The third would give the City Administrator the discretion to determine whether a business license was legal under state law. Alternately, staff could remove the language from the business license code. City Attorney Dave Lohman explained the risk of not making a change to the code was someone turned down for a business license suing the City. There was also the option of not doing anything until a lawsuit occurred then revising the code. Council discussed the need for zoning restrictions and restricting the law further for regulation. The state law was an attempt to regulate the industry. There was a legitimate use and need for users to access the system in a reasonable way. Council and staff went on to discuss Study Session rules. Mr. Lohman explained under state law Council could pass ordinances and resolutions during a Study Session but code provisions only allowed Council to direct staff for additional information. Mr. Lohman would provide legal definitions for decisions, deliberation, and language that allowed debating towards a decision but not actually passing ordinances or resolutions or providing direction on managerial functions. Additionally the Mayor or Council majority could decide to move a Study Session topic to a regular Council meeting if it generated enough public interest. Council and staff addressed electronic meeting attendance for commissions. With the exception of the Council and the Planning Commission, Council thought each commission and committee should decide whether to allow electronic attendance for extenuating circumstances that were well defined. Other comments thought allowing electronic attendance might encourage more participants. Council was interested in evaluating how often commissions met, possibly reducing the number of annual meetings, recruitment, and how Council engaged commissions. 4. Discussion of whether to continue the practice of allowing Councilor announcements at Council business meetings Council majority agreed to end the trial period and going forward, allow announcements regarding public events not associated with for-profit organizations. Meeting adjourned at 7:12 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder Regular City Council Meeting August 6, 2013 Page 1 of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 6, 2013 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. Councilor Voisin arrived at 7:12 p.m. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Firewise, Tree, and Planning Commissions, and one vacancy on the Band Board. APPROVAL OF MINUTES The minutes of the Study Session of July 15, 2013 and Business Meeting of July 16, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Public Works Director Mike Faught and City Engineer Scott Fleury presented the Water and Wastewater Master Plan update. The update included status on projects and financing options. These included key projects out to 2018 and focused on peak demand, addressed water supply, and the water treatment plant's vulnerability to catastrophic events. Capital Projects included the following: • Construct a new 2.5 MGD water treatment plant-letter of intent submittal for an Oregon Health Authority loan in order to engineer and construct the new treatment plant • Construct a new treated water tank-letter of intent submittal for an Oregon Health Authority loan in order to engineer and construct the new treated water tank • Upgrade the existing Park Estates tank-qualification based selection (QBS) request for proposal (RFP) to include evaluation and engineering of system improvements for Park Estates and associated waterline improvements • Pipe the TID ditch-low interest loan secured for engineering and associated construction projects • Construct an emergency TAP pipeline-working with Medford Water Commission on potential system development charges, preliminary discussion about an emergency water agreement with the City of Phoenix • Meet projected demands that have been reduced based on 5% conservation-water reduction target of .31% and analyze conservation programs • Pipe replacement projects • .5 FTE Engineering Tech • .5 FTE Water Conservation position - focus would be on irrigation Wastewater Capital Projects included the following: • Shading (tree planting) - RFP to obtain a managing partner to perform duties associated with riparian restoration to generate thermal credits-working with DEQ to finalize the trading program - "trading program" is trading of cooling elements within the Bear Creek Watershed. • New pipes that will parallel Bear Creek-RFP for engineering portions of the project Regular City Council Meeting August 6, 2013 Page 2 of 6 • New oxidation ditch at the Waste Water Treatment Plant-working with DEQ to finalize loan documents for the capital project • Relocate the effluent outfall pipe to Bear Creek-RFP to perform the DEQ required outfall relocation study • Pipeline replacement and system maintenance-engineered and constructed in a timely manner per wastewater master plan • .5 FTE Engineering Tech • 1.0 FTE Wastewater Collections Lead Foreman Staff submitted loan applications to the DEQ (Department of Environmental Quality) Revolving Loan Fund and recently submitted a loan application for the remaining wastewater projects, and one water project that would pipe the TID canal. The staff focus was water fund financing and would attend a one- stop funding meeting to evaluate the best loan options for Ashland. CONSENT AGENDA 1. Contract with the University of Oregon for downtown parking and multi-modal study 2. Award of contract to apparent low bidder for the 2013 Slurry Seal Project 3.' Appointment of Damian M. Idiart as Judge Pro Tern 4. Liquor license application for Mary Dozier dba the Deli Downstairs and Lounge South 5. Liquor license application for Gill Anderson dba Platt Anderson Cellars 6. Request for approval of AFG SAFER Grant application through the Department of Homeland Security 7. A resolution titled, "A resolution directing city administrator to establish standards for street pennants." Council pulled Consent Agenda Item #1 for further discussion. Public Works Director Mike Faught explained the Transportation System Plan included a high priority project to study traffic circulation, multi-modal, parking, and truck deliveries in the downtown area. The downtown study advisory group would include two members from the Planning and Transportation Commissions, two Chamber of Commerce members, two downtown business owners, and two residents living in the downtown area. The study would provide new and previous data. The University of Oregon had the qualifications needed to do this type of study and understood the project's high priority. The Director and project lead of the program addressed Council concerns involving graduate students in the study and Mr. Faught was confident they would be successful. Councilor Voisin/Slattery m/s to approve Consent Agenda item #1. DISCUSSION: Councilor Lemhouse would not support the motion. The study was not in the current Budget and there were other critical projects like the Ashland Forest Resiliency (AFR) watershed project in the Budget unfunded. City Administrator Dave Kanner confirmed the AFR project was included in the Budget and there was not a dedicated revenue stream identified. Mayor Stromberg added there was $200,000 dedicated parking revenue from parking fines that would fund the parking and transportation study. Roll Call Vote: Councilor Voisin, Morris, Slattery, Rosenthal, and Marsh, YES; Councilor Lemhouse, NO. Motion passed 5-1. Councilor Morris pulled Consent Agenda Item 45 for further discussion. City Recorder Barbara Christensen explained the Planning Department along with the Wastewater and Building Code Divisions and the Fire Department reviewed the liquor license application for 330 Otis Street and determined it met home occupation code and building requirements. The applicant would make wine at the residence and would not sell the product on the premises. Regular City Council Meeting August 6, 2013 Page 3 of 6 Councilor Marsh pulled Consent Agenda Item #6 for further discussion. Fire Chief John Karns addressed the AFG SAFER grant application that would fund three firefighter positions for two years. The worst- case scenario was potentially letting the employees go at the end of the grant. Chief Karns was confident during that time two employees would retire and a third employee was leaving for another fire department in the area. The grant was competitive and there was a 5% or less chance the Fire Department would receive the grant. Councilor Rosenthal/Lemhouse m/s to approve Consent Agenda items #2 through 47. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing and first reading by title only of an ordinance titled, "An ordinance amending the Health and Sanitation Chapter (9.08) and the General Regulations Chapter (18.68) of the Ashland Municipal Code to establish provisions for the keeping of micro-livestock and bees within residential districts" Senior Planner Brandon Goldman explained the ordinance addressed keeping micro livestock and specifically bees to promote local food production. Staff worked with local residents familiar with animal husbandry as well as beekeeping and identified four amendments to the code. One objective was the opportunities to increase household food security and local food production. The second objective was being considerate of potential adverse impacts to neighboring properties. The third developed measurable thresholds that would allow urban homesteaders to easily know and comply with regulations. The fourth established clear and objective standards that would not require a discretionary permit approval process and provide clarity for code compliance purposes. The use of square footage to determine the number of animals was common in the delimiter number of animals per property. The ordinance prohibited peacocks and geese due to noise. Staff was aware of only one complaint regarding beehives. The allowance of three hives on lots less than one acre was consistent with code in other cities. Staff added turkeys for individuals interested in meat production. Mr. Goldman addressed potential problems with raising livestock and neighbors with bee allergies. Residents keeping chickens were required to have an accessory unit that would protect them from raccoons. The requirement to keep manure in a 20-gallon container would cut down on odor. Bees used a 25 square mile radius to search for pollen so the adjacency of hives did not necessarily put a higher concentration of bees on neighboring properties. Establishing water on site so bees would not have to foray to neighbors and flyaway barriers would reduce the potential further. Currently the code did not have an avenue for neighboring properties to object to beehives. Some communities used a permit and notification process for beekeeping. PUBLIC HEARING OPEN: 8:19 p.m. Mark Spector/2285 Marada Lane/Spoke against the proposal and expressed concern regarding noise, hygiene, and odor relating to chickens. His neighbor briefly had bee boxes where 2,000 bees swarmed his yard once. His wife had a bee allergy and they were unable to contact the neighbor to deal with the issue. Another concern was oversight. PUBLIC HEARING CLOSED: 8:23 p.m. Councilor Lemhouse/Marsh m/s to approve the First Reading by title only of an ordinance titled "An ordinance amending the Health and Sanitation chapter (9.08) and the General Regulations chapter (18.68) of the Ashland Municipal Code and Land Use Ordinance to establish provisions for the keeping of micro-livestock and bees within residential districts," and place on agenda for Second Reading. DISCUSSION: Councilor Lemhouse noted Mr. Spector's testimony and wanted to Regular City Council Meeting August 6, 2013 Page 4 of 6 ensure there was accountability. Councilor Marsh expressed the need to monitor the ordinance carefully, have status reports, and questioned whether parts were enforceable. Councilor Slattery was concerned with the inclusion of bees and wanted to consider a permit process that included some form of notification to neighbors. Councilor Rosenthal voiced concern regarding beekeeping and thought it required further examination. Councilor Morris commented a permit process would inform the applicant of the legal requirements and responsibilities involved as well as education. He supported the motion and thought it required close monitoring for the first years. Councilor Voisin added a permit process should include processing costs. Councilor Rosenthal noted if Council acted on the precautionary principle, it would be wrong to allow bees and supported a permit process specifically for beekeeping. Councilor Slattery/Rosenthal motion to amend the ordinance that keeping bees involved some type of permit process provided by staff and included the ability to revoke the permit. DISCUSSION: Councilor Slattery did not want the permit process to be expensive or cumbersome just a permitting process on record that notified people bees were coming into the area. Councilor Rosenthal agreed and wanted conditions where the City could revoke a permit if needed. Councilor Lemhouse confirmed the amendment would not remove beekeeping from the ordinance. Roll Call Vote: Councilor Lemhouse, Voisin, Slattery, Marsh, Morris, and Rosenthal, YES. Roll Call Vote on Main Motion: Councilor Lemhouse, Voisin, Slattery, Marsh, Morris, and Rosenthal, YES. Motion passed. PUBLIC FORUM - None UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS - None ORDINANCES, RESOLUTIONS AND CONTRACTS 1. A resolution titled, "A resolution of the City Council of the City of Ashland approving the formation of the Jackson County 4-11, Master Gardeners, and Agricultural Extension Service District" City Administrator Dave Kanner explained the organization Friends of Research and Extension were seeking approval to circulate a petition to place a special district measure on the May 2014 ballot to provide a dedicated tax base for the Jackson County Extension Service. The special district would create a tax base of .05 cents per $1,000 assessed value to make up the difference lost due to budget cuts. The resolution would allow the voters of Ashland to vote for or against the creation of the special district if it made it on the ballot. Mayor Stromberg added Friends of Research and Extension could not circulate petitions until cities passed a resolution. Sherrill Morgan/484 Euclid Street/Explained she was a member of Friends of Research and Extension who was looking for other funding avenues since Jackson County cut their budget. If the ballot measure passed, a median home in Jackson County's assessed value would be $7 a.year. In addition to budget cuts, the Extension was now required to pay rent and maintenance costs. Currently Gold Hill approved the resolution and all other cities had presentations. Cities that opted out would not vote on the measure or pay the tax. Out of 35 counties, 21 had established service districts and all their cities opted in. The maximum tax was .05 cents per $1,000. Cities experiencing compression would not pay the full tax. Mr. Kanner explained when compression occurred in a city, local levy options were the first cut. The Extension Services was a special district tax that created a new government entity. Regular City Council Meeting August 6, 2013 Page 5 of 6 Councilor Voisin/Slattery m/s to approve Resolution #2013-26. DISCUSSION: Councilor Voisin thought it was one of the most important districts for citizens to vote on. It reached youth, seniors, and small farms. Councilor Slattery agreed it should go before the citizens for a vote. Councilor Lemhouse added Council was obligated to ensure citizens had the option to vote on the measure. Roll Call Vote: Councilor Rosenthal, Lemhouse, Morris, Marsh, Voisin, and Slattery, YES. Motion passed. 2. A resolution titled, "A resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week through April, 2014" City Administrator Dave Kanner contacted The Rogue Valley Unitarian Universalists Fellowship (RVUUF) and Temple Emek Shalom and both agencies were willing to provide volunteers to staff the shelter. Pioneer Hall was available as well. The timeframe indicated was December 2013 through April 2014 but Council could choose to open the shelter in November. One change was shelter guests and volunteers would have to be out of the building by 7:30 a.m. Friday mornings instead of 8:00 a.m. due to another organization reserving Pioneer Hall for the majority of Friday mornings. The resolution did not include dogs, and would not require volunteers who went through background checks earlier in the year to go through another. Council noted a correction to the Council Communication changing Episcopal Lutheran Church to Trinity Episcopal Church. Vanessa Houk/137 5th Street/Asked Council to approve the resolution. Having a shelter one night a week for the homeless during the coldest months of the year was good. She noted Council's compassion and knew they would act with kindness. John Wieczorek/165 Orange Street/Introduced himself as the Committee Chair for the Social Justice and Action Committee from RVUUF, thanked Council for the prior year's shelter, and their consideration to renew the contract again. RVUUF and Temple Emek Shalom were prepared to host the shelter winter 2013-2014. Councilor Rosenthal noted Section 3(e) of the resolution prohibited pets and thought there should be language that permitted service animals into the shelter per ADA (American's with Disabilities Act). Councilor Slattery added Council should address allowing dogs in general. Councilor Lemhouse/Slattery m/s to approve Resolution 02013-28 for November 2013-April 2014 and include allowance of service animals as defined by state statute. DISCUSSION: Councilor Lemhouse agreed with Councilor Rosenthal regarding service animals. He preferred starting the shelter in November instead of December due to potential weather. Councilor Slattery supported the timeframe, and was interested in information on allowing dogs in the shelter. Mr. Kanner noted Resolution 2013-04 amended the emergency shelter to allow dogs. Staff could use that language and apply it to the winter shelter resolution. Additionally, Mr. Kanner could meet with RVUUF and Temple Emek Shalom representatives to discuss potential language for Council to consider. Councilor Slattery wanted shelter volunteer agreement on a policy regarding dogs since they would be the ones overseeing the process. Councilor Marsh commented on the difficulty distinguishing service dogs. She thought Council should pass the resolution, get more information on service dogs, and then have the bigger discussion on allowing dogs. Roll Call Vote: Councilor Marsh, Slattery, Morris, Rosenthal, Voisin, and Lemhouse, YES. Motion passed. Council directed staff to bring back information to allow dogs in general. Regular City Council Meeting August 6, 2013 Page 6 of 6 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Voisin announced the screening of a film call In Search of Truth at the Varsity Theater, August 20, 2013 at 6:30 p.m. The film was free of charge. Police Chief Terry Holderness further explained the film was about how adult survivors of child sexual abuse coped and their experiences trying to report the abuse. The Ashland Police Department figured prominently in the film due to the You Have Options Program. Afterwards, a panel discussion of various people would discuss issues raised in the film. Councilor Lemhouse thanked the Parks and Recreation Department for getting the playfields ready for the recent Little League Tournament. He commented on the success of the Pacific Rim Bowl where forty Ashland High School students went to Japan for a cultural exchange. Additionally, the Ashland Food Project drive weekend was coming soon and he reminded citizens to set out their green food bags. The Ashland Food Bank fed 550 families a month, one hundred more than the prior year. ADJOURNMENT Meeting adjourned at 9:21 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor Date: 917/2013 Time: 8am- 12pm & rpm- 5pm Place: Historic Armory - Registration Required Ashland Is Ready Are you and your family prepared for a disaster? C You will be better prepare&tto'cope w g-rth'a disaster and have reater resilience if You.P `reP,_are-before the disaster strikes. Let us . help you be prepared with some_tips,and a,kit. When you attend an AIR,workshop you will hear--from local experts informing of localized hazards as well as'ihow you can be informed and better preparediif~a disaster should result. Presentation topics include,Ashland's,hazard/assessment, fires and floods, structdral t-rriage; seismic-ri ks ;more. This community event costs 5S'Which includes the cost of building your own "72 hour" kit' ncllud'ing arc lrry 'bag, flashlight, emergency blanket, whistle, first aid kit, water, and more. Two sessions provided for your convenience. SHLAN C,ASANTE' Ashland Community Hospital UUM Ashland's Own For information or to register contact:. jrt«~i Ashland Fire & Rescue 541-482-2770 CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Endorsement of SOPride for the Purpose of Hanging a Banner FROM: Diana Shiplet, Executive Secretary, shipletd@ashland.or.us SUMMARY The 2013 SOPride event organizers would like to hang a banner across E. Main Street from October 7 - 13, 2013. However, per ODOT and City of Ashland regulations, the only banners allowed to be hung across E. Main Street are those for City events or City endorsed events. Council must decide if they will endorse this event for the purpose of hanging the banner. BACKGROUND AND POLICY IMPLICATIONS: City of Ashland and ODOT regulations require that all banners hung across E. Main Street be for City events or City endorsed events. Any non-City event must request endorsement by a City commission with final approval by the Council or must directly request endorsement from the Council in order to qualify for banner hanging. The SOPride event is not a City event and therefore is requesting endorsement from the Council. FISCAL IMPLICATIONS: Endorsement by the Council does not include waiver of any fees. SOPride will be required to pay all fees associated with hanging the banner as well as any fees related to obtaining a special event permit. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to approve endorsement of the 2013 SOPride event for the purposes of hanging a banner across E. Main Street. ATTACHMENTS: SOPride banner application p L` Page 1 of 1 BANNER APPLICATION Please fill in the information requested below and submit this form to the City Administrator, 20 E. Main Street, Ashland, OR 97520. Upon approval of your application by the City Administrator, the City of Ashland will obtain approval from ODOT, and then collect the $125 fee. Please write below exactly what will be printed on the banner. All banners will be reviewed for - any offensive or inappropriate message content by the City of Ashland and ODOT. Please note: No Advertising of any kind, No phone numbers, and No rveh or e-mail addresses are permitted on the banner. S NAME OF ORGANIZATION/: 46" Oko r~ CONTACT PERSON: o PHONE: V l I° S j V° ~q8 ADDRESS OF ORGANIZATION/CONTACT: a, B O l_ayl4tFF° WEEK REQUESTED FOR BANNER o (FOR CITY USE ONLY) THIS APPLICATION IS: ❑ APPROVED FOR A CITY OF ASHLAND SPON 7OREDR END=EVENT. ❑ NOTA P1~OVED. DATE: ~CITY ADMINISTRATOR Date Fee Paid to City of Ashland: (FOR ODOT USE ONLY) THE ABOVE APPLICATION IS: ❑ APPROVED ❑ NOT APPROVED. DATE: ODOT Revised 2122/12 CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Endorsement of the Monster Dash for the Purpose of Hanging a Banner FROM: Diana Shiplet, Executive Secretary, shipletd@ashland.or.us SUMMARY The 2013 Monster Dash event organizers would like to hang a banner across E. Main Street from October 14-20, 2013. However, per ODOT and City of Ashland regulations, the only banners allowed to be hung across E. Main Street are those for city events or city endorsed events. Council must decide if they will endorse this event for the purpose of hanging the banner. BACKGROUND AND POLICY IMPLICATIONS: City of Ashland and ODOT regulations require that all banners hung across E. Main Street be for city events or city endorsed events. Any non-city event must request endorsement by a city commission with final approval by the Council or must directly request endorsement from the Council in order to qualify for banner hanging. The Monster Dash event is not a city event and therefore is requesting endorsement from the Council. FISCAL IMPLICATIONS: Endorsement by the Council does not include waiver of any fees. Monster Dash event organizers will be required to pay all fees associated with hanging the banner as well as any fees related to obtaining a special event permit. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to approve endorsement of the 2013 Monster Dash for the purposes of hanging a banner across E. Main Street. ATTACHMENTS: Banner application Page I of I ~r, BANNER APPLICATION Please fill in the information requested below and submit this form to the City Administrator, 20 E. Main Street, Ashland, OR 97520. Upon approval of your application by the City Administrator, the City of Ashland will obtain approval from ODOT, and then collect the $125 fee. Please write below exactly what will be printed on the banner. All banners will be reviewed for any offensive or inappropriate message content by the City of Ashland and ODOT. Please note: No Advertising of any kind, No phone numbers, and.No-web.or_e-orare permitted on the banner ON "xGS (r ` v >H s U I - 1 t `{far-& G r e i? .c NAME OF ORGANIZATION/: ~G.j1 /lJrv' ✓1418 W ~t~/' ~ut~ltll CONTACT PERSON: JeQ GL PHONE: LPL, ADDRESS OF ORGANIZATION/CONTACT: 7 ),(,t. ct WEEK REQUESTED FOR BANNER: OGT ] ` Z -w I J (FOR CHY USE ONLY) THIS APPLICATION IS: ❑ APPROVED FOR A CITY OF ASHLAND SPONSORED OR ENDORSED EVENT. ❑ NOT APPROVED. DATE: CITY ADMINISTRATOR Date Fee Paid to City of Ashland: (FOR ODOT USE ONLY) THE ABOVE APPLICATION IS: ❑ APPROVED ❑ NOT APPROVED. DATE: ODOT Revised 2/22/12 CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Initiation of adoption process for the Normal Avenue Neighborhood Plan FROM: Brandon Goldman, Senior Planner, Community Development Brandon. Goldman@ashland.or.us SUMMARY Staff is preparing legislative amendments relating to the Normal Avenue Neighborhood Plan including new Land Use Ordinance standards for the overlay area, amending the Transportation System Plan to incorporate a revised neighborhood transportation circulation plan, and amending the Comprehensive Plan Map to delineate land use designations for the plan area. BACKGROUND In May of 2012 the City Council accepted a State of Oregon Transportation Growth Management grant and entered into an Intergovernmental Agreement to undertake a community planning effort to develop a neighborhood plan for the 94 acres referred to as the north Normal Avenue area. Upon completion of the preliminary design and code development work the final steps in the approved scope of work include submitting a final plan, including land use ordinance amendments, for consideration through a formal public hearing process before the Planning Commission and City Council. A legislative amendment is a legislative act solely within the authority of the Council. Amendments to the text of the Land Use Ordinance and other legislative amendments may be initiated by the Planning Commission or Council. FISCAL IMPLICATIONS: Transportation Grant Management funds and City matching funds dedicated to this project have previously been allocated. No additional funding is requested to complete the formal public hearing process. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council initiate the adoption process for the Normal Avenue Neighborhood Plan. SUGGESTED MOTION: Move to approve the initiation of the adoption process for the Normal Avenue Neighborhood Plan. ATTACHMENTS: N/A Page 1 of I MA, CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Initiation of Adoption Process for Unified Land Use Ordinance FROM: Maria Harris, Planning Manager, harrism@ashland.or.us SUMMARY The Unified Land Use Ordinance (ULUO) is scheduled for completion in September and the adoption process in October. The legislative amendment procedure is required for changes to the land use ordinance. The ULUO will replace the current land use ordinance, Title 18 Land Use of the Ashland Municipal Code. BACKGROUND The ULUO project was identified as an action item to address a 2011-2012 Council Goal to respond to the recommendations of the 2006 Siegel report. The Council, Planning Commission, a property owner or resident may initiate legislative amendments. A legislative amendment is an amendment to the text of the land use ordinance, comprehensive plan, comprehensive plan map, zoning map or other official maps. The legislative amendment procedure includes a public hearing and recommendation by the Planning Commission, and a public hearing and decision by the City Council. The Council makes the final decision on legislative amendments. FISCAL IMPLICATIONS: Existing resources will be used for the adoption process, and no additional funding is requested. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council initiate the adoption process for the ULUO. SUGGESTED MOTION: Move to approve the initiation of the adoption process for the Unified Land Use Ordinance. ATTACHMENTS: N/A Page 1 of 1 Mr, CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Annual Renewal of Liquor Licenses FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of the annual renewals on liquor licenses, as requested by Oregon State Liquor Commission. BACKGROUND AND POLICY IMPLICATIONS: There are approximately 100 applications that will need to be renewed between September and October 2013, as their license expires on September 30, 2013. Staff has reviewed the submitted list by OLCC for licenses that are eligible for renewal. All businesses that have current business licenses, current city's food and beverage tax (or have payment arrangements) and have no renewal fees owed, will be approved as they are made current. The Police Chief has reviewed the list of businesses and does not have any reason to oppose the renewal of any of these licenses. OLCC have provided a deadline date of September 5, 2013, for submitting a written renewal recommendation. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Approve the OLCC renewal list for liquor licenses in ASHLAND that staff has determined are eligible for license renewal. SUGGESTED.MOTION: I move to approve OLCC renewal list for liquor licenses in Ashland that staff has determined is eligible for license renewal. ;4 ~T+ ATTACHMENTS: OLCC License Renewal List Page 1 of 1 Pr, 07/02/2013 Local Government Notification: Renewing Licenses Page 1 of 4 Dist. License License # Tradename Participant _ Premises Address Local Government: ASHLAND 4 177957 7-ELEVEN STORE #2362-18154B CHERRY, BERNIE O 1281 SISKIYOU BLVD, ASHLAND, OR 175992 AGAVE OCAT INC F-COM 92 N MAIN ST, ASHLAND, OR 185945 ALBERTSON'S #573 ALBERTSON'S LLC O 2301 ASHLAND ST, ASHLAND, OR 177142 ALEX'S PLAZA RESTAURANT & C & QT LLC F-COM 35 N MAIN ST, ASHLAND, OR BAR 185923 AMUSE RESTAURANT AMUSE RESTAURANT INC F-COM 15 N FIRST ST, ASHLAND, OR 177115 ANYA'S THAI BISTRO TENNYSON, TODD D L 33 N 3RD ST, ASHLAND, OR SAMLARN, WARANYA 176799 ASHLAND ARCO ASHLAND FUEL INC O 2380 HWY 66, ASHLAND, OR 175935 ASHLAND ENVY DUNAGAN, BRIAN D O 60 E MAIN ST, ASHLAND, OR DUNAGAN, DENNIS S ASHLAND ENVY LLC 176116 ASHLAND FOOD COOPERATIVE ASHLAND FOOD COOPERATIVE O 237 N 1ST ST, ASHLAND, OR 174759 ASHLAND SHELL NEWCOMBE ENTERPRISES INC O 2495 ASHLAND ST, ASHLAND, OR 175044 ASHLAND SPRINGS HOTEL MARK ANTHONY HISTORIC 'O 212 E MAIN ST, ASHLAND, OR PROPERTY LLC 175053 ASHLAND SPRINGS HOTEL MARK ANTHONY HISTORIC F-COM 212 E MAIN ST, ASHLAND, OR PROPERTY LLC 181430 ASHLAND TEXACO STATIONS RECEIVER LLC O 2371 ASHLAND, ASHLAND, OR 174476 ASHLAND WINE CELLAR ASHLAND WINE AND SPIRITS LLC O 38 LITHIA WAY, ASHLAND, OR 177097 BEASY'S ON THE CREEK BEASY BOB INC O 51 WATER ST #333, ASHLAND, OR 177098 BEASY'S ON THE CREEK BEASY BOB INC F-COM 51 WATER ST #333, ASHLAND, OR 176447 BEAU CLUB DREISZUS, ROBERT L F-COM 347 E MAIN ST, ASHLAND, OR DREISZUS, ANNRAE T 175519 BI-MART #608 BI-MART CORP O 2280 ASHLAND ST, ASHLAND, OR 176083 BLUE MENEDES, GEORGE F-COM 5 GRANITE ST, ASHLAND, OR MENEDES, GLORIA R 176187 BONSAI TERIYAKI II SUTAE CORPORATION L 2305 ASHLAND ST #A, ASHLAND, OR 176910 BOULEVARD COFFEE STRATFORD LLC BP 555 SISKIYOU BLVD, ASHLAND, OR 189347 BOULTON & SON BOULTON & SON LLC O 165 E MAIN ST, ASHLAND, OR 175296 BROTHER'S RESTAURANT DURANT NEWTON ENTERPRISES F-COM 95 N MAIN, ASHLAND, OR INC 177374 CAFE 116 REAL CAFE LLC L 116 LITHIA,WAY, ASHLAND, OR 176803 CALDERA BREWING COMPANY CALDERA BREWING COMPANY BP 540 CLOVER LN, ASHLAND, OR INC 188904 CALDERA BREWING COMPANY CALDERA BREWING COMPANY F-COM 590 CLOVER LN, ASHLAND, OR INC 188909 CALDERA BREWING COMPANY CALDERA BREWING COMPANY BP 590 CLOVER LN, ASHLAND, OR INC 176804 CALDERA TAP HOUSE CALDERA BREWING COMPANY BP 31B WATER ST, ASHLAND, OR INC 177221 CALDERA TAP HOUSE CALDERA BREWING COMPANY F-COM 318 WATER ST, ASHLAND, OR INC 07102/2013 Local Government Notification: Renewing Licenses Page 2 of 4 Dist. License License # Tradename Participant Premises Address Local Government: ASHLAND 4 181331 CAMPUS SHELL - BIMOR #12 BIMOR STATIONS INC O 1515 SISKIYOU, ASHLAND, OR 174677 CHEVRON FOOD MART COLVIN OIL COMPANY INC O 2500 ASHLAND ST, ASHLAND, OR 175899 CHOZU BATH AND TEA GARDEN CHOZU BATH AND TEA GARDEN 0 832 A ST, ASHLAND, OR LLC 175982 CHOZU BATH AND TEA GARDEN CHOZU BATH AND TEA GARDEN L 832 A ST, ASHLAND, OR LLC 177955 CJ'S BISTRO CJ'S BISTRO LLC L 11 N 1ST ST, ASHLAND, OR STROUD, CHRISTOPHER S 183143 CLUB 66 KING, WENDY L L 1951 ASHLAND, ST, ASHLAND, OR ULIZZI, MICHAEL 175846 COQUINA COQUINA LLC F-COM 542 A ST, ASHLAND, OR 175857 COQUINA COQUINA LLC 0 542 A ST, ASHLAND, OR 174669 CREEKSIDE PIZZA BISTRO PDH INC F-COM 92 1/2 N MAIN ST, ASHLAND, OR 175181 CUCINA BIAZZI HEART FRIENDLY INC F-COM 568 E MAIN ST, ASHLAND, OR 176845 DRAGONFLY GROOVEWORKS LLC F-COM 241 HARGADINE ST, ASHLAND, OR 176100 EL PARAISO MEXICAN CUISINE NUNEZ, JESUS F-COM 545 CLOVER LN, ASHLAND, OR NUNEZ, RUTILA 174803 ELKS LODGE #944 ASHLAND ELKS LODGE #944, ASHLAND F-CLU 255 E MAIN ST, ASHLAND, OR 174423 GREENLEAF RESTAURANT ASHLAND HOMESTEAD CO O 49 N MAIN ST, ASHLAND, OR 175638 GREENLEAF RESTAURANT ASHLAND HOMESTEAD CO L 49 N MAIN ST, ASHLAND, OR 175189 HANA SUSHI HANA SUSHI LLC L 29 N MAIN ST, ASHLAND, OR 175191 HOUSE OF THAI CUISINE HOUSE OF THAI CUISINE INC L 1667 SISKIYOU BLVD, ASHLAND, OR 185916 IDA'S GRILLE & CANTINA IDA'S LLC L 475 A ST, ASHLAND, OR 176349 KOBE RESTAURANT HARTO INC F-COM 96 N MAIN ST, ASHLAND, OR 176226 LA CASA DEL PUEBLO DE LA CRUZ FAMILY MEXICAN F-COM 1209 SISKIYOU BLVD, ASHLAND, RESTAURANTSINC OR 175688 LIQUID ASSETS WINE BAR RELIABLE RESOURCES INC F-COM 96 N MAIN #201, ASHLAND, OR 175690 LIQUID ASSETS WINE BAR RELIABLE RESOURCES INC O 96 N MAIN #201, ASHLAND, OR 177003 LOFT AMERICAN BRASSERIE & GLINKMAN, VALERIE F-COM 18 CALLE GUANAJUATO, BAR ASHLAND,OR VIDALO SINGH LLC 174786 LOUIE'S BAR & GRILL LOUIE'S BAR & GRILL LLC F-COM 41 N MAIN ST, ASHLAND, OR 175027 MARKET OF CHOICE #11 MARKET OF CHOICE INC 0 1475 SISKIYOU BLVD, ASHLAND, OR 176153 MARTINO'S MACARONI INC F-COM 58 E MAIN ST, ASHLAND, OR 175389 MARTOLLI'S HAND TOSSED PIZZA BRADFORD PIZZA INC O 38 E MAIN ST, ASHLAND, OR 175394 MARTOLLI'S HAND TOSSED PIZZA BRADFORD PIZZA INC L 38 E MAIN ST, ASHLAND, OR 175088 MCCALL HOUSE MCCALL MCLAUGHLIN LLC L 153 OAK ST, ASHLAND, OR 175104 MIHAMA TERIYAKI GRILL MIHAMA INC L 1253 SISKIYOU BLVD, ASHLAND, OR 174009 MILAGROS FRESH MEXICAN MILAGROS MEXICAN LLC 0 1465 SISKIYOU BLVD, ASHLAND, OR 07/02/2013 Local Government Notification: Renewing Licenses Page 3 of 4 Dist. License License # Tradename Participant Premises Address Local Government: ASHLAND 4 186047 MILAGROS FRESH MEXICAN MILAGROS MEXICAN LLC F-COM 1465 SISKIYOU BLVD, ASHLAND, OR 174973 MINUTE MARKET #5 K & H ENTERPRISES INC 0 304 N MAIN ST, ASHLAND, OR 174974 MINUTE MARKET #6 K & H ENTERPRISES INC 0 1690 SISKIYOU BLVD, ASHLAND, OR 177218 MORNING GLORY GROTH, PATRICIA A F-COM 1149 SISKIYOU BLVD, ASHLAND, OR 176645 NEW GOLDEN DYNASTY NEW GOLDEN DYNASTY INC L 1415 SISKIYOU BLVD, ASHLAND, RESTAURANT OR 176994 NOBLE COFFEE ROASTING NOBLE COFFEE ROASTING LLC L 281 4TH ST, ASHLAND, OR 177238 NORTHWEST PIZZA ANANANA LLC L 1585 SISKIYOU BLVD, ASHLAND, OR 174967 O'RYAN'S IRISH PUB KOOBA GROUP LLC F-COM 137 E MAIN ST, ASHLAND, OR 174623 OAK KNOLL GOLF CLUB CITY OF ASHLAND L 3070 HWY 66, ASHLAND, OR 175608 OAK TREE NORTHWEST ASHCO INC F-COM 2510 HWY 66, ASHLAND, OR 188742 OBERON'S THREE PENNY OBERON'S LLC L 45 N MAIN ST, ASHLAND, OR TAVERN 175133 OMAR'S OMAR'S INC F-COM 1380 SISKIYOU, ASHLAND, OR 175124 OREGON CABARET THEATRE OREGON CABARET THEATRE INC L 241 HARGADINE ST, ASHLAND, OR 176574 OREGON SHAKESPEAR OREGON SHAKESPEAR FEST L 15 S PIONEER, ASHLAND, OR FESTIVAL ASSN 176540 PANDA GARDEN YU, XIAO XIA F-COM 1757 ASHLAND ST, ASHLAND, OR 189511 PANGEA PANGEA GRILLS & WRAPS INC L 272 E MAIN ST, ASHLAND, OR 176190 PASTA PIATTI PASTA PIATTI INC L 358 E MAIN ST, ASHLAND, OR 177230 PASTA PIATTI PASTA PIATTI INC 0 358 E MAIN ST, ASHLAND, OR 176327 PEERLESS RESTAURANT PEERLESS GARDEN GRILLE & 0 265 4TH ST, ASHLAND, OR BISTRO 176495 PEERLESS RESTAURANT PEERLESS GARDEN GRILLE & F-COM 265 4TH ST, ASHLAND, OR BISTRO 174639 PLAZA INN & SUITES AT PLAZA HOSPITALITY LLC 0 98 CENTRAL AVE, ASHLAND, OR ASHLAND CREEK 175599 PLAZA INN & SUITES AT PLAZA HOSPITALITY LLC L 98 CENTRAL AVE, ASHLAND, OR ASHLAND CREEK 176249 RED ZONE SPORTS BAR N GRILL K & L ENTERPRISES LLC F-COM 303 E MAIN ST, ASHLAND, OR 175390 RITE AID #5385 THRIFTY PAYLESS INC 0 2341 ASHLAND ST, ASHLAND, OR 177482 RUBY'S NEIGHBORHOOD DOG WEST COAST LLC F-COM 163 N PIONEER ST, ASHLAND, OR RESTAURANT 175966 SAFEWAY STORE #4292 SAFEWAY INC 0 585 SISKIYOU BLVD, ASHLAND, OR 186067 SALAME SALUMI LLC F-COM 47 N MAIN ST, ASHLAND, OR 186068 SALAME SALUMI LLC 0 47 N MAIN ST, ASHLAND, OR 186044 SAMMICH MCCORWIN LLC L 424 BRIDGE ST, ASHLAND, OR 177485 SAUCE BOUCHER, BRAD K L 1640 ASHLAND ST, ASHLAND, OR 176338 SENOR SAM'S SENOR SAM'S OF ASHLAND INC L 1634 ASHLAND ST, ASHLAND, OR 176222 SESAME ASIAN KITCHEN BEAM CONSULTING & VENTURES F-COM 21 WINBURN WAY, ASHLAND, OR LLC 174575 SHOP N KART WAREHOUSE S AND J REED INC 0 2268 ASHLAND ST, ASHLAND, OR FOODS 07102/2013 Local Government Notification: Renewing Licenses Page 4 of 4 Dist. License License # Tradename Participant Premises Address Local Government: ASHLAND 4 175676 SMITHFIELDS RESTAURANT & BERKSHIRE ENTERPRISES LLC F-COM 36 S 2ND ST, ASHLAND, OR BAR 175603 SOUTHERN OREGON SOUTHERN OREGON UNIVERSITY L 1250 SISKIYOU BLVD, ASHLAND, UNIVERSITY OR 176955 STANDING STONE BREWING CO STANDING STONE BREWING CO F-COM 101 OAK ST, ASHLAND, OR 176956 STANDING STONE BREWING CO STANDING STONE BREWING CO BP 101 OAK ST, ASHLAND, OR 174273 STAR SUSHI #1 STAR SUSHI #2 LLC L 293 E MAIN ST, ASHLAND, OR 174582 STOP N SHOP MARKET SELENA ASSOCIATES INC 0 110 LITHIA WAY, ASHLAND, OR 176547 TABU TB3 INC F-COM 76 N PIONEER, ASHLAND, OR 177484 TAJ.INDIAN CUISINE TAJ INDIAN CUISINE LLC L 31 WATER ST, ASHLAND, OR 175464 TAROKO TAROKO LLC F-COM 62 E MAIN ST, ASHLAND, OR 176760 THAI PEPPER PEPPER INC F-COM 84 N MAIN ST, ASHLAND, OR 175500 THE BLACK SHEEP PUB & BLACK SHEEP ENTERPRISES INC F-COM 51 N MAIN ST, ASHLAND, OR RESTAURANT 181332 THE DELI DOWNSTAIRS BLAZER, MICHAEL J F-COM 107 E MAIN ST/ 66 N PIONEER ST, ASHLAND, OR BLAZER, VALERIE J 175365 THE GREAT AMERICAN PIZZA CO THEY INC L 1448 ASHLAND ST, ASHLAND, OR 176975 THE PLAYWRIGHT PEEK AND FIN LLC F-COM 258 A ST Q. ASHLAND, OR 176025 THE WINCHESTER INN MPM INVESTMENTS 0 35 S SECOND ST, ASHLAND, OR 176220 THE WINCHESTER INN MPM INVESTMENTS F-COM 35 S SECOND ST, ASHLAND, OR 181014 TOT RESTAURANT THIS LITTLE PIGGY LLC L 310 OAK ST #1. ASHLAND, OR 185541 TUDOR GUILD TUDOR GUILD INC 0 66 E MAIN ST #2, ASHLAND, OR 185331 UMI SUSHI OF ASHLAND UMI SUSHI OF ASHLAND INC L 29 N MAIN, ASHLAND, OR 176897 VINYL CLUB BOHN, JOHN T F-COM 130 WILL DODGE WY, ASHLAND, OR DEL ROSARIO, LORI R 175339 WATER STREET CAFE RUFF HILL LLC L 40 N MAIN, ASHLAND, OR 174907 WILD GOOSE CAFE & BAR JOLLY DOG TAG INC F-COM 2355 HWY 66, ASHLAND, OR 176424 WILEY'S WORLD PASTA SHOPPE GRETCHEN'S ORGANIC PASTA INC L 1606 ASHLAND ST, ASHLAND, OR & EATERY 174888 YUAN YUAN RESTAURANT GAN, DANIEL L 2270 ASHLAND ST, ASHLAND, OR HUANG, JIEXIA CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Appointment to Transportation Commission FROM: Barbara Christensen, City Recorder, christeb(g,ashland.or.us SUMMARY Confirmation of the Mayor's appointment of Joe Graf to the Transportation Commission with a term to expire April 30, 2015. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Transportation Commission. Ashland Municipal Code (AMC) Chapter 2.17.020 FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: I move to approve the appointment of Joe Graf to the Transportation Commission with a term to expire April 30, 2015. ATTACHMENTS: Application received Page I of I CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christebaashland.ocus. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name_Joseph Graf Requesting to serve on: Transportation Commission (Commission/Committee) Address 1160 Fern St., Ashland, OR 97520 Occupation-Retired (Emeritus Professor, SOU)_ Phone: Home _541-488-8429_ Work N/A Email_graf@sou.edu_ Fax _N/A 1. Education Backeround What schools have you attended? Columbia Univ. and Yale Univ. What degrees do you hold? BA from Columbia, M.Phil. and Ph.D. from Yale, all in Geology What additional training or education have you had that would apply to this position? When I was in the Army (many, many years ago), I served in the Military Police. As a result I had training in pretty much all aspects of police work, including traffic control and enforcement issues. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? 1 spent over five years working in the business of mineral exploration, including economic analysis of mineral prospects, and over twenty years in academic administration in Kansas (Head of Geology Department at Kansas State University for 10 years) and Oregon (Dean of Sciences at SOU for 12 years). At all of these positions, I was exposed to a variety of complex projects and budgets. In the academic positions, I managed budgets, both state general fund and foundation accounts, and was involved with many levels of-planning for a variety of projects. These experiences helped me develop a good understanding of budgeting and planning, and of balancing the needs of different stakeholders. Most of my duties as a military policeman consisted of police patrols on Fort Bragg, NC, including at times directing traffic at busy intersections. While a High School and then College student I was a summer employee in the Parks Department of the City of Rocky River, Ohio. Thisjob taught me what it is like to work for a city in a variety of activities and how to get along with fellow employees and citizens. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I believe 1 can learn quickly from other Committee members and staff what I need to know. However, should specific training opportunities be made available to Commission members, 1 would be ready and willing to participate and learn. 3. Interests Why are you applying for this position? was a citizen observer of the A WAC process and served on the Wastewater advisory committee. The plans resulting from these groups will be important for the quality of life in Ashland, and working with them has whetted my appetite to do more for the city and learn more about the various aspects that can improve the lives of all citizens. My background and experience has made me confident that I am good at understanding both the details and the big picture when it comes to issues and the projects and budgets needed to address them. Although neither a bicyclist nor a regular commuter, I have had many opportunities during my years in Ashland to use the road and parking infrastructure here. Since retirement, we have volunteered regularly at OSF and thus have some experience with parking on a regular basis in the downtown area. Lastly, Ashland is my home and will remain so. Since retiring I want to devote more time to serving my community. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, available. Either day or evening is ok. 5. Additional Information How long have you lived in this community? 18 years Please use the space below to summarize any additional qualifications you have for this position July 23, 2013 J/ Date Signature CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Acceptance of First Right of Refusal Offer for the Remaining Lease Rights of a Hangar at the Ashland Municipal Airport FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY On July 19, 2013 the Engineering Department received notification from Jim Matzger regarding the City's 30 day right of first refusal option with regards to purchasing the remaining ground lease rights to his hangar. Mr. Matzger intends to sell the remaining lease rights to a private individual if the City does not exercise its right. City staff discussed this option with the Airport Commission at the August 6, 2013, meeting and the commission unanimously recommended that the City Council purchase the ground lease from Mr. Matzger for $14,500. BACKGROUND AND POLICY IMPLICATIONS: Airport revenue is generated from hangar rentals, ground leases, fuel flowage fees, tariffs from freight operations, nightly and monthly tie-downs and Specialized Aviation Service Operator (SASO) agreements. The Fixed Base Operator (FBO) is responsible for collecting and monitoring these fees. The City rents 32 hangars on a month-to-month basis and has ground lease agreements with an additional 14 individuals. Revenue from the hangar rentals and leases provide a monthly stream of income, while the income from tie-downs and fuel flowage is cyclical and fluctuates during the tourist season. The City of Ashland supports two types of ground leases. The first is a lease with a privately constructed and owned hangar. The second type is a reversionary ground lease with a hangar that is constructed and deeded to the City. The City takes ownership of the hangar at the end of the ground lease term and can then rent the hangar out on a month to month basis. The reversionary lease is the type associated with the Matzger hangar. The hangar was approved and constructed in 1999 and the City granted a 25 year ground lease to the builder/owner. At the end of the 25 year ground lease ownership of the hangar reverts to the City of Ashland. The lease requires notice to the City if the owner intends to sell, sublease or transfer any of the remaining lease rights. Mr. Matzger has presented the City notice of his intent to sell the remaining lease rights to a private individual. The City has first right of refusal to purchase the remaining lease rights by accepting the offer within a 30 day time period. Mr. Matzger has signed an addendum to this allowing the City a few extra days in order to bring the offer before Council for approval. The lease rights purchase was discussed at the August 8, 2013 Airport Commission meeting with all Commissioners agreeing that it made financial sense to purchase the remaining rights and begin renting the hangar out on a monthly basis. They motioned for staff to pursue purchasing the hangar Page I of 2 CITY OF ASHLAND through Council approval. The existing lease rights are set to expire on June 30, 2024. This would give the City approximately an additional 10.8 years of rental income on the hangar relative to ground lease income. By purchasing the remaining lease rights and renting the hangar the Airport would generate significantly more revenue over the next 10 years then it would by allowing the ground lease to continue with another individual. This falls in line with the Airport Commission goal of increasing revenue for the airport. FISCAL IMPLICATIONS: Funds for purchasing the remaining lease rights would be borrowed by the Airport fund through an interfund loan from the equipment fund. The loan would be paid back within the required five year period with two percent interest. The Finance Department will bring a supplemental budget forward showing this transfer of funds to the City Council for approval. A financial breakdown of the purchase is shown in Table 1. Table 1: Matzger Hangar Flangarsq-ft 1658 11 years remaining Current Ground Lease Rate .198 sq-ft/year $ 328.28 peryear $ 3,611.12 total revenue with ground leas Current Rental Rate .275 sq-ft/month $ 455.95 permonth $ 60,185.40 total revenue with rental Purchase Price of Lease Rights $ 14,500.00 $ 45,685.40 total revenue over I 1 year time period after purchase By purchasing the remaining rights the airport fund would see a total revenue increase over approximately 10+ years of $45,000 after considering the purchase price. This breakdown does not account for rental/lease rate increases that can occur over the time frame. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council exercise their first right of refusal and authorize purchasing the remaining lease rights of the Matzger Hangar. SUGGESTED MOTION: I move to exercise the first right of refusal to purchase the remaining lease rights of the Matzger hangar. ATTACHMENTS: 1. Matzger First Right of Refusal Notification 2. Matzger Lease Page 2 of 2 Scott Fleury From: Jim Matzger Dim@matzger.com] Sent: Friday, July 19, 2013 2:08 PM To: fleurys@ashland.or.us Subject: Re: Hangar #409 Ashland Right of First Refusal Follow Up Flag: Follow up Flag Status: Flagged 7/19/2013 - This is our notice to the City of Ashland that we intend to sell our interest in hangar #409 at the Ashland Oregon airport for a total price of $14,500. The terms are that it is to be sold in as-is condition to Jeff Nielsen. Please give us confirmation of your receipt of this notice. Please let us know within thirty days as to whether the city will purchase this hangar under its right of first refusal. The hangar is 1658 sf and is located on leased land subject to a lease with the City of Ashland that ends 6/30/2024. Thanks, Jim Matzger and Carole Smith - Owners Hangar #409 r 1 CITY OF ASHLAND GROUND LEASE AGREEMENT for HANGAR CONSTRUCTED BY LESSEE ASHLAND MUNICIPAL AIRPORT Ground lease agreement made this z0'4 day of JauE 1999, by the CITY OF ASHLAND (City) by and through its Airport Commission (Commission) and TAnr nabs- gCRGS ! ] 30uc Faye zrie-S (Lessee). Recitals: A. City is the owner and operator of Sumner-Parker Airport situated in the City of Ashland, Oregon, called "Airport", with power to grant right and privileges with respect to its use. B. Lessee is the owner of an aircraft based at the Airport and wishes to construct a hangar for storage of the aircraft. C. City is willing to lease to Lessee a portion of the Airport premises together with such rights and privileges as are set forth in this lease. Lessor and Lessee agree: 1. Description of leased Premises. City leases to Lessee a part of the Airport described in Exhibit "A" ("the premises"). 2. Lease Fees. An initial monthly rental of $20 is established and shall be paid semi- annually in advance for the succeeding six months beginning with the commencement date specified in paragraph 3. 2.1. Annual rent increase. The monthly rent shall increase annually, but not decrease, by multiplying the rent by one-half times a fraction, the numerator of which is the CPI Index Figure for the month of January of that subject calendar year, and the denominator of which is the Base CPI Index Figure. To illustrate the preceding sentence, the monthly rent for the year beginning one year from the date of this agreement shall be equal to the product determined by multiplying $20 (the rent specified in paragraph 2), by one-half times a fraction, the numerator of which is the CPI Index Figure for the month of January 1995, and the denominator of which is the Base CPI Index Figure. 2.1.1. As used in this paragraph, "Index" shall refer to the following index ` published by the Bureau of Labor Statistics of the United States Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI-All Items ("standard reference base period" 1982-84 = 100). "Base CPI Index Figure" shall refer to the Index number indicated for the month of January,1995, and the "CPI Index PAGE 1-HANGAR GROUND LEASE (pmirPWWq .Ol Wa"uaryll.isse) I Figure" for any other month shall refer to the Index number for that month. If the "Index" is no longer being published as of a particular date, then the "CPI Index Figure" for that date shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the Index (or, if the U.S. Department of Labor is not then publishing any such similar index, shall be determined under another comparable, authoritative, generally recognized index to be selected by mutual agreement of Lessor and Lessee). If the Index is calculated from a base different from the base 1982-84 = 100, then the figures to be used in calculating any adjustment mandated under this Agreement first shall be converted (if possible, under a formula supplied by the Bureau of Labor Statistics of the U.S. Department of Labor) to account for that difference. 2.2. Lease fees will become past due the 11th day of the calendar month and the City will charge interest of 1.5% per month on past due lease fees. 2.1 All sums resulting from the computation of monthly lease fee shall be rounded to the nearest whole dollar in favor of Lessor. 3. Term. The term of this lease is 25 years, commencing upon the issuance of a certificate of occupancy by the City of Ashland or 120 days from the date of this lease, whichever occurs first. At the end of this term, Lessee shall have the first right of refusal to lease the premises from the City at the rates and terms then in effect as established by the City. 4. Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Lessee. Other items of personal property may be stored temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this lease. 4.1. Lessee shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this lease, "flammable or explosive liquids or solids" shall not apply to fuel or other flammable contained within any airplane or automobile placed in the hangar. Fueling of the aircraft while in the hangar is strictly prohibited. 4.2. Lessee shall be required to construct a ramp in accordance with specifications to be approved in writing by the City to provide ingress and egress to the hangar. 5. Grant of Right. Lessee is granted the right to operate its aircraft and to use the Airport, together with all facilities, equipment, improvements, and services which have been or may be provided at the Airport including the landing field and any extensions or additions, roadways, runways,, aprons, taxiways, floodlights, landing lights, beacons, signals, radio aides, and all other conveniences for flying, landings, and take-offs. PAGE 2-HANGAR GROUND LEASE rv~,~nw,aw,~x,a~aryz,.,9s5r 6. Right of Ingress and Egress. Lessee and escorted visitors or customers shall have the right of ingress and egress to and from the premises described in Exhibit "A"Lessee shall take reasonable care to assure that Lessee does not interfere with City's operation of the Airport for the benefit of the public and of all aircraft using the Airport. 7. Rights and Privileges Reserved to the City Include: 7.1. The right to develop or improve the landing area of the airport without interference or hindrance of the Lessee. 7.2. The right, but not the obligation, to maintain and keep in repair the landing area of the Airport, together with the right to direct and control all activities of Lessee. 7.3. The right to take any action considered necessary toprotect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport and constitute a hazard to aircraft. 7.4. The right to temporarily close or to restrict the use of the Airport or any of the facilities for maintenance, improvement, or for the safety of the public. 8. Compliance with laws. Lessee shall comply with 8.1. The "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council on January 4, 1990 and as may be amended from time to time. 8.2. All federal, state, county, and city laws, orders and ordinances, the rules and regulations of the Lessor, and all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 9. Lessee compliance with environmental laws. 9.1. Definition of "hazardous material". As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials, and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this subparagraph. PAGE 3-HANGAR GROUND LEASE (paigwN,wnd.tsexJwuwy 23. ,895) 9.2. Lessee's compliance with laws and permits. Lessee shall cause the leased property and all operations conducted on the leased property (including operations by any subtenants) to comply with all environmental laws. 9.3. Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the leased property to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Lessee's activities as contemplated under this lease. 9.4. City's Rights. City shall have the right to conduct reasonable inspections and investigations of the leased property and the operations conducted on the leased property at any time and from time to time, and Lessee shall cooperate fully with City during such inspections and investigations. 9.5. Indemnification. Lessee agrees to defend (with counsel approved by City), fully indemnify, and hold entirely free and harmless City from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the leased property, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the leased property, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the lease term and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 10. Construction of Improvements. Lessee shall erect a hangar on the premises in accordance with this paragraph. 10.1. The hangar shall be erected wholly within the boundary lines of the premises. Lessee shall submit plans and specifications for the hangar to the Commission and the city building official, for review and approval of the Commission and the building official, within 30 days after the date of execution of this lease. Following approval of Lessee's plans and specifications by the Commission and the building official, Lessee shall expeditiously apply for all necessary permits and make continued and substantial progress towards permit issuance. Lessee shall commence construction in accordance with plans and specifications approved by the Commission within 60 days following approval by City of Lessee's plans and specifications. If required permits, are not issued by the appropriate authority within 90 days of approval of plans and specifications by the Commission, City may, upon 30 days written notice to Lessee, terminate this Lease and Lessee shall have no further liability to City under this lease. PAGE 4-HANGAR GROUND LEASE rP:wPWVr..dJne1(J...ry 23. 1995) 10.2. Prior to commencement of the construction of the hangar and before any building materials have been delivered to the premises, Lessee shall comply with each of the following conditions: 10.2.1. Submit to the Commission one set of preliminary construction plans and specifications prepared by an architect or engineer licensed in the State of Oregon which are sufficient to enable Commission to make an informed judgment about the design and quality of the construction. Lessee shall not commence construction until all required permits have been obtained and the Commission has approved of the preliminary construction plans and specifications, including the color of the hangar. Commission shall not unreasonably disapprove such plans and specifications. Approval or disapproval shall be communicated to Lessee within 30 days after receipt of complete plans and specifications by Commission. Any disapproval shall be accompanied by a statement of the reasons for such disapproval. Following any disapproval, Lessee may elect either to revise the plans and specifications and resubmit them to the Commission pursuant to this paragraph or terminate this Lease upon 30 days written notice to City. 10.2.2. Deliver to City such other proofs and copies as City shall reasonably request, including, without limitation, proof that workers' compensation insurance has been procured to cover all persons employed in connection with the construction, proof of issuance of all building and other permits required for the construction and proof that all systems development charges of the City have been paid. 10.2.3. Once construction has begun Lessee shall prosecute it to completion with diligence. All work shall be performed in a good and workmanlike manner and shall comply with all applicable governmental permits, laws, ordinances and regulations. Lessee shall pay or cause to be paid the total cost of the construction. Construction work shall conform in all significant respects with the approved preliminary plans and specifications and the working drawings approved by the Commission except as otherwise authorized by the Commission 10.2.4, This paragraph shall not be construed to authorize Lessee to do any act or make any contract so as to encumber in any manner the title of City to the property or to create any claim or lien on or against the interest of City in construction of the improvements. It is expressly agreed that all the expenses of the construction of the improvements shall be promptly paid by Lessee as required by the terms of any contract therefor. r` 10.3. Lessee shall also construct to standards established by the Commission adequate drainage on the premises, an asphalt taxiway to the hangar and a paved parking stall to the hangar for one automobile. PAGE 5-HANGAR GROUND LEASE m:aipofNOunaise)(January23.1995) 10.4. Lessee may, but is not required to, provide electricity to the premises and within the hangar and may rough-in plumbing. No septic or holding tanks shall be permitted on the premises. 10.5. Lessee shall, if required by the Uniform Fire Code, 1991 Edition, as adopted by Ashland Municipal Code Chapter 15, install an automatic fire sprinkler system for the hangar. Such system shall be constructed to the standards of the National Fire Protection Association, NFPA-13. Plans and specifications for any required system shall be submitted to the City Fire Marshal for review and approval. 11. Title to Improvements. Upon completion of construction and issuance of a certificate of occupancy, the improvements described in paragraph 10 including any further improvements to the premises approved by the Commission, shall become property of City, free and clear of all claims of Lessee, any one claiming under Lessee or caused, permitted or suffered to attach through Lessee. Lessee or any one claiming under Lessee, shall indemnify and defend City against all liability and loss arising from such claims. 12. Maintenance. Lessee shall keep and maintain the leased premises and all improvements in good and substantial repair and condition, including the exterior condition. Lessee shall make all necessary repairs and alterations and shall maintain the leased premises and all improvements in compliance with all applicable building and zoning laws and all other laws, ordinances, orders and requirements of all authorities having or claiming jurisdiction. Lessee shall provide proper containers for trash and garbage and shall keep the leased premises free and clear of weeds, rubbish, debris, and litter at all times. City shall at all times during ordinary business hours have the right to enter upon and inspect such premises. 13. Utilities. Lessee shall promptly pay any charges for electricity and all other charges for utilities which may. be furnished to the leased premises at Lessee's order or consent. 14. Liens Taxes. Lessee shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Lessee which may be secured by lien against the premises. Lessee shall pay all real and personal property taxes assessed against the premises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 15. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term of this lease, at Lessee's sole expense, the following insurance: 15.1. Comprehensive insurance. Owner's, landlord and tenant or premises insurance protecting City and its officers, agents and employees against any and all liabilities that may allegedly in any way relate to the operation by Lessee, this insurance to be in the minimum amount of $500,000, combined single limit coverage. Such limit PAGE 6-HANGAR GROUND LEASE (p:.IIWnI9=u dlee)(J..ry 20, 1995) shall automatically increase in the event of any change in the provisions of ORS 30.270, or in the event these limits are found to be not totally applicable to a city. 15.1.1. Additional insureds. All policies shall include the City, its officers, commissions, elected officials, employees and agents as additional insureds. 15.1.2. Primary insurance. The insurance shall be considered primary to any other insurance or self-insurance of the City. 15.1.3. Insurance certificate. A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this lease, and such certificate shall provide that such insurance coverage may not be canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Lessee shall, not later than 15 days prior to the termination or change in the insurance coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. In the event Lessee shall fail to furnish the City with the certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost, plus ten percent of the cost for City administration. 15.2. Property Insurance- Lessee shall keep the premises insured at Lessee's expense against fire and other risks covered by a standard fire insurance policy with an endorsement for extended coverage. Lessee shall bear the expense of any insurance insuring the property of Lessee on the premises against such risks but shall not be - required to insure. 15.2.1. Additional insureds. All policies shall include the City as an additional insured. 15.2.2. Waiver of Subrogation. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement, and in the event of insured loss, neither party's insurance company shall have a subrogated claim against the other. This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver of subrogation. 16. Indemnification. Lessee shall keep, indemnify and defend and hold harmless City, its officers, agents and employees, from and against -any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or persons, including agents or employees of the City or Lessee, by reason of death or injury to persons or loss or damage to property that allegedly results from Lessee's PAGE 7-HANGAR GROUND LEASE (P-4P-nV.W.lsaPanuaY23.M5 operations, or anything done or permitted by Lessee under this lease, except for the extent attributed to acts or omissions of City of its officers, agents or employees. 17. Damage or Destruction of Premises. If the leased premises or any improvements are damaged or destroyed by fire or other casualty, Lessee shall: 17.1. Promptly repair, rebuilt or restore the property damaged or destroyed to substantially the same condition consistent with the applicable building codes; and 17.2. Apply for any net proceeds of insurance resulting from claims for such losses, as well as any additional money of Lessee necessary. If the damage or destruction which occurs is such that the cost of repair, rebuilding or restoration of the property damaged or destroyed exceeds 50% of the fair market value of the improvements, Lessee shall have the option within 60 days from the date of damage or destruction, to notify City in writing whether or not Lessee elects to repair, rebuild, or restore in accordance with paragraph 17.1 or to terminate this lease. Upon giving such notice to terminate, this lease shall terminate on the date specified in the notice and City shall be entitled to the net proceeds of insurance. 18. Events of Default. The following shall be events of default: 18.1. Default in Rent: Failure of Lessee to pay any rent or other charge within ten days after it is due. 18.2. Default in Other Covenants: Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be completely remedied within the thirty (30) day period, this provision shall be complied with if Lessee begins correction of the default within the 30 day period and proceeds in good faith to effect the remedy as soon as practicable. 18.3. Insolvency: Insolvency of Lessee and assignment by Lessee for the, benefit of creditors; the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; the filing of an involuntary petition of bankruptcy and failure of the Lessee to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the leasehold interest and failure of the Lessee to secure discharge of the attachment or release of the levy of execution within ten days. 19. Remedies on Default. In the event of a default, the City at its option may terminate the lease by notice in writing by certified or registered mail to Lessee. The notice may be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Lessee in connection with a default, termination shall be automatic and without notice. PAGE 8-HANGAR GROUND LEASE cp,abpongmaM.1uHJanuary23. 1995) 19.1. Damages: In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 19.1.1. The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Lessee's property and fixtures, or any other expense occasioned by Lessee's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 19.1.2. The loss of reasonable lease fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 19.2. Re-entry After Termination: If the lease is terminated for any reason, Lessee's liability to City for damages shall survive such termination, and the rights and obligations of the parties shall be as follows: 19.2.1. Lessee shall vacate the property immediately, and within 60 days remove any property of Lessee including any fixtures which Lessee is required to remove at the end of the lease term, perform any cleanup, alterations or other work required to leave the property in the condition required at the end of the term. 19.2.2. City may re-enter, take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 19.3. Reletting: Following re-entry or abandonment, City may relet the premises and in that connection may: 19.3.1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the lease) which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 193.2. Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some lease fee-free occupancy or other lease fee concession. 20. Termination. Upon termination of,the lease by the passage of time or otherwise, Lessee shall surrender the leased premises in good condition. The Lessee's obligations under this paragraph shall be subordinate to the provisions of paragraph 11 PAGE 9-HANGAR GROUND LEASE CP:airpW4ound.tse)(Ja.w ry 23. 1995) related to improvements as required and the City shall have the remedies described in paragraph 19. 21. Assignment of Interest or Rights. Neither Lessee or any assignee or other successor of Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and to this lease or any interest, nor license or permit the use of the rights granted except as provided in this paragraph. Lessee shall not assign all or any part of its rights and interests under this lease to any successor through merger, consolidation, or voluntary sale or transfer of substantially all of its assets, without prior written approval of the City. Written approval of the City shall not be unreasonably withheld. 21.1. Right of first refusal. City shall have the following described right of first refusal with respect to the interest of Lessee under this lease: 21.1.1. Lessee shall not sell, sublease, assign or transfer to anyone other than City, unless Lessee shall have first communicated to City, by written notice, a written offer to sell, sublease, assign or transfer this lease or any interest, which offer shall specify, in commercially reasonable detail, the price, terms and conditions upon which Lessee is willing to sell, sublease, assign or transfer this lease or any interest. 21.1.2 City shall have a period of 30 days, following the notice, within which to accept the offer by giving Lessee written notice of acceptance. If the offer is accepted, the parties shall be obligated to close the sale, sublease, assignment or transfer in accordance with the terms of Lessee's offer. Closing shall occur within 60 days following acceptance or within such longer closing period as may be specified in the offer. 211.3 If City does not accept the offer, Lessee may sell, sublease, assign or transfer the lease or any interest to any other party, provided that such a sale must be consummated within 60 days following the earlier of the expiration of the 30 day acceptance period specified in 21.1.2 for the offer or the date of any written rejection of the offer by City, and for and upon the same price, terms and conditions as those specified in the offer. 21.1.4. City's rights under this paragraph shall apply to any subsequent or contemporaneous offer made to Lessee or Lessee's successor or successors in interest. 21.2 Option to Purchase Lessee's Interest. In addition to the right of first refusal described in paragraph 21.1, City shall have the exclusive right and option to purchase all of Lessee's rights under this lease upon the following terms and conditions: 21.2.1 If City exercises this option, the purchase price during the initial year of this lease for Lessee's rights under this lease shall be $20,000 or the actual reasonable construction cost of the hangar, whichever is greater. The PAGE 10-HANGAR GROUND LEASE ¢ao-vonw o~na ise)(January xa. iees7 purchase price during each subsequent year shall be the purchase price determined in the immediately preceding sentence less 1/25th of such purchase price for each full year the lease has been in effect. 21.2.2 This option shall be exercised by written notice given by City to Lessee at any time, which notice shall specify that City has elected to exercise this option. 21.2.3 Closing shall occur as soon as possible following exercise of this option by City and, in any event, not later than the 35th day following the date of exercise of this option. 21.2.4 At closing, Lessee shall deliver to City a duly executed and acknowledged statutory quitclaim deed quitclaiming all of Lessee's rights and interest in the premises free and clear of all liens and encumbrances of Lessee, anyone claiming under Lessee or caused, permitted or suffered to attach through Lessee., 21.2.5 At closing, City shall pay to Lessee in cash the entire amount of the purchase price. 21.2.6. City's rights under this paragraph shall apply to any successor of Lessee and shall apply whether or not City exercises its rights under paragraph 21.1. City may not exercise its rights under this paragraph while the Lessee who signed this lease is in possession and has not sold, subleased, assigned or transferred its interest in the lease. For the purposes of this subparagraph, a devise under a will to a son or daughter of the Lessee shall not be considered a sale, sublease, assignment or transfer. 21.3. Subleases without consent.. Lessee may sublease a portion of the premises for the purpose of placing a second aircraft within the hangar without consent of City provided that: 21.3.1. Lessee gives notice to City prior to the placing of the aircraft in the hangar that such sublease has occurred, and 21.3.2. Lessee pays to City 20% of all sums received by Lessee for the sublease. Such payment shall be made to City within 30 days of Lessee's receipt of the sum by Lessee_ 22. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. PAGE 11-HANGAR GROUND LEASE (p.aLporrgmndJSexJanuary23, 1996) 23. Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 24. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: LESSEE: City of Ashland 20 E. Main Street Ashland, OR 97520 Attn: City Administrator LESSE CITY OF ASHLAND BY o Brzl Lo~ Title 9RT. Mayor BY ATTEST: Title C Recorder State of Oregon County of Jackson This instrvment was, acknowledged before me on L/4 3D 1999, OFMALSFAL A NANCY E S[.ocUM } ` \ NJTARY PEPSI 'r C:"."..,Afssnw M'..::..',;- s Not ry Publi for Oregon urcox6as6we[zPAESSEP 16.fASSj My commission expires: State of Oregon County of Jackson This instrument was acknowledged before me on g '1999, by C'"ACI Uu Vk_ ~ cI .J as Rkaz - of the City of Ashland, Oregon. OFFICIALSEAL ~'YI - "`^'~~U'^"'-'~~•"`~ t SONJA N AKERMAN Nota ~ ublic for Oregon NOIARY PUBLIC - OREGON NYOWANISIOB EEXPIRES PARI6. 1001 My Commission expires: ~/-G -U'.;1- PAGE 12-HANGAR GROUND LEASE (P:ahPodyroand.Ise)(January 37.1095) State of Oregon County of Jackson This i stryment w s acknowledged before me on - f~ 1999, by ~trtSf Ze Svc as. ~Cm e~ of the City of Ashland, Oregon. 0MC,AL SEAL Notary public for Oregon SONJA N AKERMAN My Commission expires: 41-6 -/'A - NO7ARY PUBLIC - OREGON COMMISSION NO. 310793 NY [W4bfBMOp EXPIFES APIM 6. 7007 PAGE 12-HANGAR GROUND LEASE (p ,:o«y,ouno, e71,,„y z,, ,seSl EXHIBIT A from 91:. Description of leased premises. PAGE 13-HANGAR GROUND LEASE (p:aupftq na.IMXJanuag23.+66s) AIRPORT HANGAR LEASE ABSTRACT ASHLAND MUNICIPAL AIRPORT LESSOR: LESSEE: JAMES A. MATZGER & -CAROLER. SMITH CITY OF ASHLAND, (CITY) Address: 1095 PALOMAR DRIVE ADMINISTRATION DEPARTMENT REDWOOD CITY CA 94062 Contact: Public Works Director Telephone: 650/299-1040 Fax: 408/358-3570 20 East Main Street, Ashland, Oregon 97520 E-mail: jim@plantechfinancial.com Telephone: 5411488-5587 Fax: 541/488-6006 Registration N51475 AIRPORT POINT OF CONTACT: Robert Skinner, Fixed Base Operator 403 Dead Indian Memorial Highway, Ashland OR 97520 Telephone: 5411482-7675 1. Lease type: A B C 9 City-owned T-hangar. 9 City-owned, owner-built 9 Privately-owned hangar, (Month-to-month rental) prepaid lease for building & ground lease only, minimum ground lease size 60 X40 hangar. (Multi-year term) (Multi-year term) Size: 1658 SF Size: (square feet) (square feet) 2. Starting date of lease: Original Lease signed by Tara Labs 613oiss 3. Ending date of lease: 6/30/24 (leave blank if month-to-month lease). 4. Initial rental rate: $ 294.00 per month/year (circle one). Based on $-Q. 1768 per square foot. (Note: rate adjustment is made July 1 every year according to master rates established by City and in accordance with Master Hangar Lease Agreement.) 5. Security Deposit Received: N/A Date: Amount: 6. Description of Premises Leased/Rented: Reassignment of Tara Labs lease to Matzcler 39.5X42 feet . 7. Value of Improvements (Lease Option B or C): 8. 9 Yes, I have received a copy of the airport rules entitled dNinimum Standards for Commercial Aeronautical Activities, Ashland, Oregon" 9. 9 Yes, I have read and agree with, and have received a copy of, the City of Ashland Master Hangar Lease Agreement. Lessee Signature: Date: Printed Name: Approved by: for City of Ashland. Title: Date: City Use. Only: Insurance Certificate Received ❑ "Business License .Required p:. Pagel of 1 -Airport Hangar Lease Abstract G:1PUBwRMENG\DEPT-A MINVIRPIHANGA %I TZGERHANGAR LEASE 1001 DOG ASHLAND MUNICIPAL AIRPORT MASTER HANGAR LEASE AGREEMENT City and Lessee agree: 1. Lease Abstract. City and Lessee have signed a Master Hangar Lease Abstract ("the abstract") which contains individual terms specific to the particular hangar or ground being leased. By signing the abstract, City and Lessee have agreed to the terms and conditions of this Master Hangar Lease Agreement. 2. Description of leased premises. City leases to Lessee a part of the Airport described in the abstract ("the premises"). 3. Lease Fees. An initial rental is established as set forth in the abstract and shall be paid in advance at the office of the fixed base operator (see Airport Contact Person listed in the abstract). 3.1 Periodic rent increase. For month-to-month rentals, the rental fee is subject to adjustment on July 1 of each year at the option of the City and is payable, monthly in advance, on the first day of each month. 3.2 Annual rent increase. For other than month-to-month rentals, the rent shall increase annually on July 1 of each year, but not decrease, based on the previous calendar year's Consumer Price Index ("CPI"). The CPI will be calculated on the difference between January of the prior year and January of the current year. The adjustment will be one-half of the increase in the CPI using the All Urban Consumers (CPI-U), U.S. City Average, CPI--AII Items Index as published by the Bureau of Labor Statistics of the United States Department of Labor. If the CPI is no longer being published, then the Index shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the CPI. All sums resulting from the computation of annual lease fees shall be rounded up to the nearest whole dollar. 3.3 Past due fees. Lease fees will become past due ten days past the due date and the City will charge interest of 1.5% per month on past due lease fees. 3.4 Security Deposit. For month-to-month rentals, Lessee shall pay a deposit in the amount of one month's rent to secure Lessee's compliance with all terms of this agreement. The deposit shall be a debt from City to Lessee, refundable within 30 days after expiration of the lease term or other termination not caused by Lessee's default. City may commingle the deposit with its funds. Lessee shall not be entitled to interest on the deposit. City shall have the right to offset against the deposit any sums owing from Lessee to City and not paid when due, any damages caused by Lessee's default, the cost of curing any default by Lessee should City elect to do so, and the cost of performing any repair or cleanup that is Lessee's responsibility under this agreement. Offset against the deposit shall not be an exclusive remedy in any of the above cases, but may be invoked by City, at its option, in addition to any other remedy provided by law or this agreement for Lessee's nonperformance. City shall give notice to Lessee each time an offset is claimed against the deposit, and, unless the agreement is terminated, Lessee shall within 10 days after such notice deposit with City a sum equal to the amount of the offset so that the total deposit amount, net of offset, shall remain constant throughout the agreement term. 3.5 Improvement Fee. For leases which require Lessee to construct a hangar, Lessee may Page 1 of 8 - AIRPORT MASTER LEASE (G:\PUB-WRKS\ENG\DEPT-ADMIN\AIRP\HANGAR\MATZGER HANGAR LEASE 10 03 be required to pay a non-refundable improvement fee at the time of executing the lease abstract. The fee shall be used by City to make improvements at the airport. 4. Term. The term of this lease is month-to-month (unless otherwise specified in the abstract) commencing on the date specified in the front page abstract. A month-to-month lease may be terminated by either City or Lessee at any time upon 30 days prior written notice delivered to the other. For other than month-to-month leases, the term commences and ends on the dates specified in the abstract and a Lessee not in default shall have the first right of refusal to lease the premises from the City at the rates and terms then in effect as established by the City. 5. Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Lessee. No commercial activities including but not limited to aircraft mechanical or maintenance work or repair or service are to be conducted on the premises unless otherwise permitted under section 5.3. The preceding sentence does not apply, however, to work, maintenance, repair or service on aircraft owned by the Lessee. Other items of personal property may be stored temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this rental agreement. 5.1 Flammables and explosives prohibited. Lessee shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this rental agreement, "flammable or explosive liquids or solids" shall not apply to fuel or other flammables contained within any airplane placed in the hangar. Fueling of the aircraft while in the hangar is strictly prohibited. 5.2 Pets and animals prohibited. Lessee shall not, without the City's written consent keep any pets or animals on the premises. If allowed, Lessee agrees to be liable for damage to the premises or other persons caused by the pet or animal. 5.3 When commercial activities permitted. For other than month-to-month rentals, Lessee may conduct airport related commercial activities upon obtaining a business license as specified in the "Minimum Standards for Commercial Aeronautical Activities, Ashland, Oregon" in accordance with current adopted standards. 5.4 When vacant hangar not permitted. For month-to-month rentals, any hangar that remains vacant of any aircraft for more than five months shall be a violation of this lease. 6. Rights Reserved to the City. The City reserves the following rights: 6.1 Improve landing area. The right to develop or improve the landing area of the airport without interference or hindrance of the Lessee. 6.2 Maintain airport. The right, but not the obligation, to maintain and keep in repair the landing area of the Airport, together with the right to direct and control all activities of Lessee. 6.3 Protect airport. The right to take any action considered necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport and constitute a hazard to aircraft. 6.4 Temporary closures. The right to temporarily close or to restrict the use of the Airport or any of the facilities for maintenance, improvement, or for the safety of the public. 7. Compliance with laws. Lessee shall comply with: 7.1 The current "Minimum Standards for Commercial Aeronautical Activities, Ashland, Oregon". Page 2 of 8 - AIRPORT MASTER LEASE (G:\PUB-WRKS\ENG\DEPT-ADMINWIRP\HANGAR\MATZGER HANGAR LEASE 10 03 7.2 All federal, state, county, and city laws, orders and ordinances, and rules and regulations. Including but not limited to all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 8. Lessee compliance with environmental laws. As used in this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this paragraph. 8.1 Lessee's compliance with laws and permits. Lessee shall cause the premises and all operations conducted on the premises (including operations by any subtenants) to comply with all environmental laws. 8.2 Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than as reasonably necessary for the operation of Lessee's activities as contemplated under this lease. 9. Title to Improvements. For Type B leases, upon completion of construction and issuance of a certificate of occupancy, improvements included in the Hangar Construction Requirement including any further improvements to the premises approved by the Airport Commission, shall become property of City, free and clear of all claims of Lessee, any one claiming under Lessee or caused, permitted or suffered to attach through Lessee. Lessee or any one claiming under Lessee, shall indemnify and defend City against all liability and loss arising from such claims. 10. Maintenance. Lessee shall keep and maintain the premises and all improvements in good and substantial repair and condition, including the exterior condition. Lessee shall make all necessary repairs and alterations and shall maintain the premises and all improvements in compliance with all applicable building and zoning laws and all other laws, ordinances, orders and requirements of all authorities having or claiming jurisdiction. Lessee shall provide proper containers for trash and garbage and shall keep the premises free and clear of weeds, rubbish, debris, and litter at all times. Except for month-to-month Lessees, Lessee shall not utilize the containers and service for trash disposal contracted for by the fixed base operator. City shall have the right to conduct reasonable inspections and investigations of the premises and the operations conducted on the premises at any time and from time to time, and Lessee shall cooperate fully with City during such inspections and investigations. 11. Utilities. Lessee shall promptly pay any charges for electricity, water and sewer, and all other charges for utilities which may be furnished to the premises at Lessee's order or consent. 12. Liens, Taxes. Lessee shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Lessee which may be secured by lien against the premises. Lessee shall pay all real and personal property taxes assessed against the premises, such payments to be made Page 3 of 8 - AIRPORT MASTER LEASE (G:\PUB-WRKS\ENG\DEPT-ADMIN\AIRP\HANGAR\MATZGER HANGAR LEASE 10 03 no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 13. Insurance. Except for Type A leases, Lessee shall obtain and maintain continuously in effect at all times during the term of this lease, at Lessee's sole expense, the following insurance: 13.1 Comprehensive insurance. Owner's, landlord and tenant or premises insurance protecting City and its officers, agents and employees against any and all liabilities that may allegedly in any way relate to the operation by Lessee, this insurance to be in the minimum amount of $500,000, combined single limit coverage. Such limit shall automatically increase in the event of any change in the provisions of ORS 30.270, or in the event these limits are found to be not totally applicable to a city. 13.1.1 All policies shall include the City, its officers, commissions, elected officials, employees and agents as additional insureds. 13.1.2 The insurance shall be considered primary to any other insurance or self-insurance of the City. 13.1.3 A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this lease, and such certificate shall provide that such insurance coverage may not be canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Lessee shall, not later than 15 days prior to the termination or change in the insurance coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. In the event Lessee shall fail to furnish the City with the certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost, plus ten percent of the cost for City administration. 13.2 Property Insurance. Lessee shall keep the premises insured at Lessee's expense against fire and other risks covered by a standard fire insurance policy with an endorsement for extended coverage. Lessee shall bear the expense of any insurance insuring the property of Lessee on the premises against such risks but shall not be required to insure. 13.2.1 All policies shall include the City as an additional insured. 13.2.2 Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement, and in the event of insured loss, neither party's insurance company shall have a subrogated claim against the other. This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver of subrogation. 14. Indemnification. Lessee will defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgements, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to this lease. Lessee will not be held responsible for damages caused by negligence of City. Page 4 of 8 -AIRPORT MASTER LEASE (G:\PUB-WRKS\ENG\DEPT-ADMINWIRP\HANGAR\MATZGER HANGAR LEASE 10 03 15. Damage or Destruction of Premises. 15.1 For other than month-to-month rentals, if the premises or any improvements are damaged or destroyed by fire or other casualty, Lessee shall: 15.1.1 Promptly repair, rebuild or restore the property damaged or destroyed to substantially the same condition consistent with the applicable building codes; and 15.1.2 Apply for any net proceeds of insurance resulting from claims for such losses, as well as any additional money of Lessee necessary. If the damage or destruction which occurs is such that the cost of repair, rebuilding or restoration of the property damaged or destroyed exceeds 50% of the fair market value of the improvements, Lessee shall have the option within 60 days from the date of damage or destruction, to notify City in writing whether or not Lessee elects to repair, rebuild, or restore in accordance with paragraph 15.1 or to terminate this lease. Upon giving such notice to terminate, this lease shall terminate on the date specified in the notice and City shall be entitled to the net proceeds of insurance. 15.2 For month-to-month rentals, Lessee shall be responsible for damage or destruction to the premises or any improvements resulting from Lessee's operations, or anything done or permitted by Lessee under this lease. 16 Events of Default. The following shall be events of default: 16.1 Default in Rent: Failure of Lessee to pay any rent or other charge within ten days after it is due. 16.2 Default in Other Covenants: Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be completely remedied within the 30-day period, this provision shall be complied with if Lessee begins correction of the default within the 30-day period and proceeds in good faith to effect the remedy as soon as practicable. 16.3 Insolvency: Insolvency of Lessee and assignment by Lessee for the benefit of creditors; the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; the filing of an involuntary petition of bankruptcy and failure of the Lessee to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the le&sehold interest and failure of the Lessee to secure discharge of the attachment or release of the levy of execution within ten days. 17 Remedies on Default. In the event of a default, the City at its option may terminate the lease by notice in writing by certified or registered mail to Lessee. The notice may be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Lessee in connection with a default, termination shall be automatic and without notice. 17.1 Damages. In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 17.1.1 The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Lessee's property and fixtures, or any other expense occasioned by Lessee's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. Page 5 of 8 - AIRPORT MASTER LEASE (G:\PUB-WRKS\ENG\DEPT-ADMIN\AIRP\HANGAR\MATZGER HANGAR LEASE 1003. 17.1.2 The loss of reasonable lease fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 17.2 Re-entry After Termination. If the lease is terminated for any reason, Lessee's liability to City for damages shall survive such termination, and the rights and obligations of the parties shall be as follows: 17.2.1 Lessee shall vacate the premises immediately, and within 60 days remove any property of Lessee including any fixtures which Lessee is required to remove at the end of the lease term, perform any cleanup, alterations or other work required to leave the property in the condition required at the end of the term. City may re-enter, take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 17.3 Reletting. Following re-entry or abandonment, City may relet the premises and in that connection may: 17.3.1 Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the lease) which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 17.3.2 Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some lease fee-free occupancy or other lease fee concession. 18 Assignment of Interest or Rights. Neither Lessee or any assignee or other successor of Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and to this lease or any interest, nor license or permit the use of the rights granted except as provided in this paragraph. Lessee shall not assign all or any part of its rights and interests under this lease to any successor through merger, consolidation, or voluntary sale or transfer of substantially all of its assets, without prior written approval of the City. Written approval of the City shall not be unreasonably withheld. 18.1 Right of first refusal. For other than month-to-month rentals, City shall have the following described right of first refusal with respect to the interest of Lessee under this lease: 18.1.1 Lessee shall not sell, sublease, assign or transfer to anyone other than City, unless Lessee shall have first communicated to City, by written notice, a written offer to sell, sublease, assign or transfer this lease or any interest, which offer shall specify, in commercially reasonable detail, the price, terms and conditions upon which Lessee is willing to sell, sublease, assign or transfer this lease or any interest. ro18%1k2 CityAhallthave a perio~ d~of 30, gaays 80,llowing the notice wlthnawhi of accepanhe^offer~byFg~vng~Lessge wntten~notlce of ~acc~eptance~{If~,the offer is accepted, c, the=partlesshall+beob6gated°to-close~tle~sale~sublease asslgnm ntor~transfervin accordance,~withlthe~terms of~L~essee scoffer Closing"shall-occurwithina60 days•x fiollowing acceptance or within. us ch-longer closing p'eriotl_as maylbespecifiedjln "the. offer. 18.1;3 _ If City does not accept the offer, Lessee may sell, sublease, assign or transfer the lease or any interest to any other party, provided that such a sale must be consummated within 60 days following the earlier of the expiration of the 30 day i acceptance period specified in paragraph 18.1.2 for the offer or the date of any written rejection of the offer by City, and for and upon the same price, terms and conditions as those specified in the offer. Page 6 of 8 - AIRPORT MASTER LEASE (G:\PUB-WRKS\ENGIDEPT-ADMINkAIRP\HANGARWATZGER HANGAR LEASE 10 03 i I i 18.1.4 City's rights under this paragraph shall apply to any subsequent or contemporaneous offer made to Lessee or Lessee's successor or successors in interest. 18.1.5 For the purposes of this subparagraph, a devise under a will by the Lessee shall not be considered a sale, sublease, assignment or transfer. 18.2 Option to Purchase Lessee's Interest. For Type B leases, in addition to the right of first refusal described above, City shall have the exclusive right and option to purchase all of Lessee's right under this lease upon the following terms and conditions: 18.2.1 If City exercises this option, the purchase price during the initial year of this lease for Lessee's rights under this lease will be the actual reasonable construction cost of the hangar plus 10%. The purchase price during each subsequent year shall be the purchase price determined in the immediately preceding sentence less 1/25th of such purchase price for each full year the lease has been in effect. 18.2.2 This option shall be exercised by written notice given by City to Lessee at any time, which notice shall specify that City has elected to exercise this option. 18.2.3 Closing shall occur as soon as possible following exercise of this option by City and, in any event, not later than the 35th day following the date of exercise of this option. 18.2.4 At closing, Lessee shall deliver to City a duly executed and acknowledged statutory quitclaim deed quitclaiming all of Lessee's rights and interest in the premises free and clear of all liens and encumbrances of Lessee, anyone claiming under Lessee or caused, permitted or suffered to attach through Lessee. 18.2.5 At closing, City shall pay to Lessee in cash the entire amount of the purchase price. • 18.2.6 City's rights under this paragraph shall apply to any successor of Lessee and shall apply whether or not City exercises its rights under the right of first refusal paragraph. City may not exercise its rights under this paragraph while the Lessee who signed this lease is in possession and has not sold, subleased, assigned or transferred its interest in the lease. For the purposes of this subparagraph, a devise under a will by the Lessee shall not be considered as sale, sublease, assignment or transfer. 18.3 Subleases without consent. Lessee may sublease portions of the premises for the purpose of placing other aircraft within the hangar without consent of City. 19 Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 20 Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 21 Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: LESSEE: City of Ashland At address shown on abstract. 20 E. Main Street Ashland, OR 97520 Attn: City Administrator Page 7 of 8 - AIRPORT MASTER LEASE (G:\PUB-WRKS\ENG\DEPT-ADMINWRP\HANGAR\MATZGER HANGAR LEASE 1003 END OF AIRPORT MASTER HANGAR LEASE AGREEMENT Page 8 Of 8 - AIRPORT MASTER LEASE (G:\PUB-WRKS\ENG\DEPT-ADMIN\AIRP\HANGAR\MATZGER HANGAR LEASE 10 03 CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Jackson County Intergovernmental Agreement (IGA) for Building Inspection Services FROM: Bill Molnar, Community Development Director, molnarb@ashland.or.us SUMMARY The proposed Intergovernmental Agreement (IGA) renewal with Jackson County will permit each jurisdiction to enlist building inspection services from the other should the need arise. The IGA can be terminated at any time either by mutual consent of both parties or by either party upon 30 days notice in writing. BACKGROUND AND POLICY IMPLICATIONS: Since the mid 90s, the City of Ashland and Jackson County have made certified building division inspectors available by the other party to perform building inspections. This activity was previously agreed upon under Intergovernmental Agreement signed in June of 2011. Prior IGA terms were typically two years. This new agreement is being proposed with no expiration date to eliminate this approval process every other year. FISCAL IMPLICATIONS: Occasional use of building inspections services provided by another jurisdiction has been included in the Building Division's budget for the Community Development Department. STAFF RECOMMENDATION AND REQUESTED ACTION: Approve the Intergovernmental Agreement between the City of Ashland and Jackson County to perform building inspection services within each respective jurisdiction. SUGGESTED MOTION: I move approval of an Intergovernmental Agreement with Jackson County to perform building inspection services as needed. ATTACHMENTS: Intergovernmental Agreement for Building Inspection Services Page 1 of 1 ~r, INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES This agreement, hereinafter referred to as "Agreement", is made and entered into by and between the County of Jackson, Board of Commissioners, herein after referred to "County", and City of Ashland ("City"). STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION", the County is authorized to jointly provide for the performance of a function or activity in cooperation with a"unit of local government" that includes a commission or other governmental authority in Oregon. By acceptance of this Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with the County. 2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified fimctions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. RECITAL 1. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and 2. The County and the City require the services of qualified building inspectors for the performance of routine building code inspections; and 3. The County and the City employ inspectors with the particular training, ability, knowledge, and experience to meet the needs of the County and the City. NOW, THEREFORE in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The recitals set forth above are true and correct and are incorporated herein by this reference. Intergovernmental Agreement - Jackson County / City of Ashland- I I i i i 2. COOPERATION AND SERVICES TO BE SHARED a. County Responsibilities: 1) The County shall make available to the City Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the City. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between the Ashland Building Official and Jackson County Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. The County Inspectors providing services to the City pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the City Inspectors with respect to any and all violations of State Law and City Ordinances. b. City Responsibilities: 1) The City shall make available to the County Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the County. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between Jackson County Building Official and Ashland Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. The City Inspectors providing services to the County pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the County Inspectors with respect to any and all violations of State Law and County Ordinances. 3. APPORTIONMENT FOR FUNDING a. The County shall promptly reimburse the City for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $70.00 per hour, not to exceed $10,000 for the initial contract term. b. The City shall promptly reimburse the County for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $70.00 per hour, not to exceed $10,000 for the initial contract tern. 4. PERSONNEL. No employees will be formally transferred pursuant to this Agreement. The County and City will continue to pay its employees and shall keep accurate records of hours worked pursuant to this Agreement. The City and the County are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. The Agreement does not change the status of any employee, contractor or officer of the City or County. 1 Intergovernmental Agreement - Jackson County / City of Ashland- 2 I i I 5. LIMITATIONS OF LIABILITY All parties agree that each party shall not be subject to claim, action, or liability arising in any manner whatsoever out of any act or omission, interruption, or cessation of services by the other party under this agreement. Each party shall not be liable or responsible for any direct, indirect special or consequential damages sustained by the other party to this agreement, including, but not limited to, delay, or interruption of business activities that may result in any manner whatsoever from any act or omission, interruption, or cessation of services. 6. INDEMNIFICATION Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, each Party to this agreement shall be solely responsible for its own actions and/or failure to act and shall indemnify and hold the other party harmless from any liability, cost or damage arising there from. Provided, however, that neither party shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act ofthe others officers, employees or agents. The provisions ofthis paragraph shall survive the expiration or sooner termination of this agreement. 7. TERM OF AGREEMENT The term of this Agreement shall become effective upon the date which this Agreement is fully executed by all Parties and shall continue in full force until terminated as provided herein. 8. TERMINATION a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Parties' Convenience. This contract may be terminated at anytime by either Party upon 30 days* notice in writing and delivered by certified mail or in person. C. For Cause. Either party may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to the City or County, or at such later date as may be established by the County, under any of the following conditions: 1) If any license or certificate required by law or regulation to be held by the City or the County to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. 1) Either County or City may terminate this contract in the event of a breach of the Intergovernmental Agreement - Jackson County / City of Ashland- 3 I contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 2) Waiver of any breach of any term or condition of [iris Agreement shall not be deemed a waiver of any prior or subsequent breach. No term shall be waived or deleted except in writing signed in advance by the parties. 3) In the event of a dispute relating to this Agreement, the parties shall first attempt to resolve the dispute through mediation. The parties will share the administrative costs of the mediation and the mediators fees equally. Mediation fees shall be limited to those customarily charged in Jackson County, Oregon by state court appointed mediators. The parties will attempt to jointly select a mediator within ten (10) days of a party giving notice to the other party of its desire to undertake mediation. In the event the parties cannot agree to a mediator within such ten (10) day period, then within five (5) days thereafter, each shall select a mediator, and the two selected mediators will designate a third mediator who will then mediate the dispute. The first two mediators may charge the choosing party for its services to select the third mediator. In the event mediation fails to resolve the dispute, a party may commence legal proceedings, and in such case each party shall be responsible for its own costs and attorneys* fees incurred in connection which such proceedings. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and maybe given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as f6llows: Jackson County City of Ashland Attn: Ted Zak Attn: Carolyn Schwendener 10 South Oakdale, Room 100 51 Winburn Way Medford, OR 97501 Ashland, OR 97520 Phone: 541-774-6921 Phone: 541-488-5309 Intergovernmental Agreement - Jackson County / City of Ashland- 4 I 10, CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT a. This Agreement shall not become effective until all parties hereto have executed this Agreement. b. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. c. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AIvIENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. IN WITNESS WHEREOF, the parties hereby enter into this agreement. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have authority to execute this Agreement. JACKSON COUNTY OREGON CITY OF ASHLAND OREGON Danny Jordan Date John Stromberg Date Administrator Mayor Approved As To Legal Sufficiency: Approved As To Legal Sufficiency: County Counsel City Counsel Intergovernmental Agreement - Jackson County / City of Ashland- 5 STATEMENT OF WORK EXIMIT A Through this Agreement the City of Ashland agrees to perform site built electrical, plumbing, and structural/mechanical and manufactured home set tip inspections on behalf of Jackson County and Jackson County agrees to perform site built electrical, plumbing and structural/mechanical and manufactured home set up inspections on behalf of the City of Ashland. A. The City of Ashland shall: When performing site built inspections for the County: I. Comply with all requirements and regulations of the ORS and OAR pertaining to the electrical, plumbing, and structural/mechanical programs and manufactured home programs. 2. Provide State of Oregon certified/licensed inspectors. 3. Perform electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the County within two (2) business days. , 4. Complete Inspection Report Form at the time of inspection (form provided by the County). Return Inspection Report Form with correction notes to the County at end of inspection day. 5. Provide identification upon entering a job site and the reason for the site visit. 6. Comply with the inspection notification requirements of applicable ORS and OAR. 7. Provide to the County a monthly request for payment to be submitted with a detailed spreadsheet listing date and location of inspection, type of inspection and inspection time spent. When requesting site built inspections to be done by the County: 1. Provide all necessary forms 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location, type of inspection needed, and permit number and information. Intergovernmental Agreement - Jackson County / City of Ashland- 6 I B. The County shall: When performing site built inspections for the City: I. Comply with all requirements and regulations of the ORS and OAR pertaining to the electrical, plumbing, and structural/mechanical programs and manufactured home programs. 2. Provide State of Oregon certified/licensed inspectors. 3. Perform electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the City within two (2) business days. 4. Complete Inspection Report Form at the time of inspection (form provided by the City). Return Inspection Report Form with correction notes to the City at end of inspection day. 5. Provide identification upon entering a job site and the reason for the site visit. 6. Comply with the inspection notification requirements of applicable ORS and OAR. 7. Provide to the City a monthly request for payment to be submitted with a detailed spreadsheet listing date and location of inspection, type of inspection and inspection time spent. When requesting site built inspections to be done by the City: 1. Provide all necessary forms 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location, type of inspection needed, and permit number and information. Intergovernmental Agreement - Jackson County / City of Ashland- 7 I I i i i CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting Road Diet Assessment/Council Update FROM: Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us SUMMARY The Mayor has requested an update to the Council on the status of the North Main road diet project that was approved by Council on August 2, 2012. This update includes a summary of the criteria used for measuring the road diet's success, a summary of the traffic engineer's evaluation, financial data, and also describes the outreach tools being implemented to encourage public input. A decision on whether to continue the road diet or revert to the prior four lane configuration will come before the Council in November. BACKGROUND AND POLICY IMPLICATIONS: Reconfiguring North Main from four lanes to three lanes with bike lanes was first considered as a road safety project in 2007 then again in 2009 by HBH Consulting Engineers. HBH Consulting Engineers had previously completed a traffic impact study for the potential closure of the Glenn Street rail crossing and analysis of two intersections on North Main. Ultimately the final recommendation to implement the road diet as a pilot project developed during the Transportation System Plan (TSP) update process and was then thoroughly vetted by the Transportation Commission. The pilot road diet project recommendation is consistent with the TSP goal to integrate multimodal transportation with future land use and with the State of Oregon's Transportation Planning Rule that requires that alternative travel modes be given consideration along with automobiles. Following a public hearing at the August 2, 2011, Council meeting, the City Council approved the one- year pilot North Main road diet project and directed the restriping to occur after the realignment of the Hersey/Wimer/North Main intersection was completed. The Hersey/Wimer/North Main realignment project was completed on October 1, 2012, followed by the completion of the North Main one-year pilot project on October 20, 2012. The criteria to measure the success of the North Main pilot road diet project include the following: • Reduction of the annual average number and severity of crashes. • Reduction of the 85th percentile speed closer to the posted speed limit. • Increased bicycle and pedestrian volumes. • Maintaining an average vehicle travel time of 4 minutes and 20 seconds or less from Helman Street to the north end of the project. • Increased public support for keeping the road diet after the trial period. Page I of 3 CITY OF ASHLAND In January 2013, Southern Oregon Transportation Engineering LLC was hired to provide an objective traffic engineering evaluation of the pilot North Main road diet. Data on North Main Street and at key locations within the corridor has been gathered each month in an effort to monitor operations and provide a comparison to pre-road diet conditions. Some of that data is summarized in the following table. A more detailed month to month assessment is provided by the traffic engineer in an attachment. Activity Performance Prior To Road Projected Performance with Actual Performance with Diet Road Diet Road Diet Crash Data 120 reported crashes Reduction in crashes 3 reported crashes to date Oct 2002 - Oct 2012) (within the corridor) (Nov 2012 - July 2013) 85' Percentile Speed 31 (NB) and 32 (SB) Reduction in speed closer to July 2013 Data: (September 2012) 25 mph 29 (NB) and 30 (SB) Bicycle Volumes 26 (Laurel), 22 (Maple) Increase in bicyclist July 2013 Data: (September 2012 volumes 30 (Laurel), 31 (Maple) Pedestrian Volumes 36 (Laurel), 17 (Maple) Increase in pedestrian July 2013 Data: (September 2012 volumes 53 (Laurel), 23 (Maple) Travel Time (NB) 235.5 seconds 257 seconds (Not To Exceed (Jan-July 2013 Average) (September 2012) 260 seconds) 226 seconds Travel Time (SB) 233.5 seconds 241.3 seconds (Not To (Jan-July 2013 Average) (September 2012 Exceed 260 seconds) 232.4 seconds It is important to note that most of the previous data was collected in September of 2012, so a true comparison of how the road diet is functioning can be best measured in September of 2013. That being said, from a traffic engineering perspective the road diet is operating better than projected. Even with the positive results we are finding, there will likely be some minor modifications that staff will recommend if the Council decides to keep the road diet in place. One of the potential modifications would be a turn lane at Bush Street, and one other modification would move the Stone Medical facilities driveway north and extend the three lane configuration south to the new driveway (see attached drawing). As far as public acceptance of the road diet goes, staff recently solicited public input on the City of Ashland web site using a new Public Forum tool called open city hall. As of August 13, 2013, 39 responses have been logged. In an effort to generate more feedback staff will place a large sign (4' by 8') south of the railroad crossing. The Open City Hall feedback forum will be open for comment through October. In addition to the Open City Hall tool, staff will engage SOU's research center to conduct a statistically valid questionnaire/survey. FISCAL IMPLICATIONS: The estimated Cost to restripe and sign North Main was $130,000 ($30,000 engineering and $100,000 for the project) and the actual cost was $187,500 ($37,000 for engineering and $150,000 for the project). The ODOT Bike and Pedestrian grant covered all but $15,000 of this. In addition to the preliminary engineering, post road diet engineering cost (on-going project evaluation of the road diet) is $17,000. Page 2 of 3 rr, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: No action is applicable as this is only an update of the one-year road diet pilot project. SUGGESTED MOTION: N/A ATTACHMENTS: 1. Traffic Engineer's Report 2. Stone Medical driveway modification drawing Page 3 of 3 IONTJIr,RN gara1/ T ggtij-poQTJITIUN fM6/N.C.C-R/M6, LLC 112 Monterey Drive -Medford, Or. 97504 -Office 541.608.9923 -Cell 541.941.4148 -Email: Kwkpi@O.com August 12, 2013 Mike Faught, Public Works Department City of Ashland 51 Winbum Way Ashland, Oregon 97520 RE: Post Road Diet Assessment - January to Present Southern Oregon Transportation Engineering, LLC was retained by the City of Ashland to perform an on-going assessment of how the road diet on North Main Street is operating since it was implemented in September of 2012. The evaluation criteria, set forth by Kittelson & Associates, included the following measures: • Improve Safety - Reduce the annual average number and severity of crashes on North Main Street. • Reduce Vehicle Speeds - Reduce the 85d' Percentile Speed closer to the posted speed of 25 mph. • Increase Bicycle and Pedestrian Volumes - An increase in bicycle and pedestrian volumes during the trial period would indicate an element of success at better serving all modes along North Main Street. • Maintain Acceptable Vehicle Travel Time - Maintain an average vehicle travel time of 4 minutes and 20 seconds or less from Helman Street to the northern city limits. • Gain Community Support - Achieve an increase in support for keeping the road diet after the trial period. Background The City hired Kittelson & Associates in 2012 to establish evaluation criteria for the North Main Street Road Diet pilot project and collect data on North Main Street prior to implementation of the road diet. In late September of 2012, construction began to implement the road diet and it was finished by the end of October of 2012. Volunteers and staff collected monthly pedestrian and bicycle data from October of 2012 to the present date. Southern Oregon Transportation Engineering, LLC was hired by the City in January of 2013 to collect operational data on North Main Street and provide an assessment in October of 2013 regarding the road diet performance over a one-year trial period. Data Collection Monthly data collection since January of 2013 includes: • Side street delays during the PM peak hour (seconds per vehicle) • Side street queue lengths during the PM peak hour (number of vehicles waiting at any one time) • Main Street delays and queue lengths during the PM peak hour • Intersection level of services during the PM peak hour (A-F) • Available gaps on Main Street for side street traffic during the PM peak hour • Average travel times during the AM and PM peak hours • 85th percentile speeds • Average daily traffic (ADT) volumes Quarterly data collection since January of 2013 includes: • Side street average daily traffic volumes • Side street delays during the AM peak hour (seconds per vehicle) • Side street queue lengths during the AM peak hour (number of vehicles waiting at any one time) Pre vs. Post Road Diet - North Main Street Performance • Crash Data - The North Main Street corridor between Schofield Street and Heiman Street experienced 120 reported crashes in the most recent 10-year period (2002 to 2012), or an average of 12 crashes per year. A fatality resulted from a collision in June of 2005 between Schofield and Sheridan. The location with the highest occurrence during that 10-year period was shown at the stop-controlled intersection of Wimer/Hersey/Main Street, where there were 39 reported crashes with a maximum of 7 crashes in any one single year. Since October of 2012 there have been 3 reported crashes on North Main Street between Schofield Street and Heiman Street. All 3 crashes occurred at the signalized intersection of Maple/Main Street. Two were rear-end collisions and one an angle collision. None of the crashes involved injury. Comparison graphs show before and after results in the following pages. LO. TAAMfDOAiAT10M EtlGIHFFAING, LL( I August 12, 2013 1 Post Road Diet Assessment 12 Crashes in Corridor 20 r' 18 I - - 16 14 12 10 f3 6 4 2 p ANEV - - - - - - O`l' O~ 01 00 OD ,y0 'y1 '1'1, ' `LD'3 `LO~ ti `L Ob e~,'~ O O O O O O O O O O `L I Crashes at Hersey/Wimer/Main S 4 3 2 1 0 - - - - - - - Aw- ti~ • PedestrianlBicycle Activity - One of the motivations for the North Main Street road diet is to make it easier and more attractive for bicyclists and pedestrians to use North Main Street. An increase in these volumes would be an indication of better serving all modes of travel. Prior to implementation of the road diet, pedestrian and bicyclist volumes were gathered during peak periods at the intersections of Laurel/Main and Maple/Main, There were 36 pedestrians and 26 bicyclists counted during a 2-hour peak period at Main/Laurel and 17 pedestrians and 22 bicyclists at Main/Maple along North Main Street. Since implementation of the road diet, pedestrian and bicyclist volumes have fluctuated up and down throughout the trial period, but have shown an overall increase since May. A more accurate comparison will occur when data is collected in September of 2013 since this is the month that data was collected before the road diet was implemented. Volume fluctuations to date are shown in the following graphs. S.O. TRANSDORTAI'lON~HGINEIAlIIG, LLC August 12,20131 Post Road Diet Assessment 15 # PEDS/CYCLISTS Cad Main/Maple 40 3B 35 31 30 9 I 26 26 25 27 20 /2/ 23 22 A\21 °*-PEDS --*-CYCLISTS 4~~ ~7Z 16 15 i i 11 10 i I 5 I 0 Sept. 12 Oct. 12 Nov 12 Dec. 12 Feb. 13 Mar. 13 Apr. 13 May. 13 Jun. 13 Jul. 13 # PEDS/CYCLISTS C) Main/Laurel 70 60 55 53 A 50 40 38 136 -4--PEDS 32 32 MRLL 3 -*-CYCLISTS 30 9 26 26 21 A.21 23 20 Z 18 12 10 0 Sept. 12 Oct. 12 Nov. 12 Jan. 13 Feb. 13 Mar. 13 Apr. 13 May. 13 Jun. 13 Jul. 13 • 85 ° Percentile Speed - Before implementation of the road diet, the 85th percentile speed on North Main Street was measured to be 31 miles per hour (mph) northbound and 32 mph southbound at a location just north of Coolidge Street. Since January of 2013 the 85th percentile speed has been measured each month at the same location for comparison purposes and has decreased slightly to date. The 85th percentile speed in June was measured to be 29 mph northbound and 30 mph southbound. • Corridor Travel Times - Travel times were measured along North Main Street between Valley View Road-Maple Street and Maple Street-Helman Street in both directions before implementation of the road diet. Travel times have continued to be measured each month since January of 2013 for comparison purposes. Results are provided in Table 1. Tattle 1 -Travel Time Comparisons;;- North Main Street 'A Travel Tun'ea (Seco d k3 ;j Segment Length (Miles) Existing without Proposed with ~Actual''with Road Road Diet Road Diet ; n~ y.,Diets(to date)t i Helman Street to Maple Street (NB) 0.58 90.3 111.8 85.6 Maple Street to Valley View Road (NB) 1.41 145.2 145.2 140.4 Total Travel Time (NB) 235.5 257.0 226.0 Valley View Road to Maple Street (SB) 1.41 144.2 150.0 142.3 Maple Street to Helman Street (SB) 0.58 89.3 91.3 90.1 Total Travel Time (SB) 233.5 2413 232.4 As can be seen in Table 1, travel times along North Main Street have remained fairly unchanged since implementation of the road diet. More detailed information is provided in a data summary sheet at the end of this report, which shows travel times for each month from January of 2013 to date. A more accurate comparison will occur when travel times are measured in September of 2013 and compared to September of 2012 travel times taken prior to implementation of the road diet. • Intersection Level of Service - Traffic operations were evaluated at key intersections along North Main Street before implementation of the road diet and estimated for post-road diet conditions. Intersection operations have been evaluated each month since January of 2013 at the most critical intersection (Wimer/Hersey/Main) and in August of 2013 at all other intersections for comparison purposes. The worst operations to date were reported in Tables 2 and 3, and compared to what was reported for pre-road diet conditions and proposed road diet conditions. 5.g. TR!!n(0011rA710n~nGIHCrRInG, LL( I August 12, 2013 1 Post Road Diet Assessment 18 TSble 2 North Mam StreetAFt_, artal',Operat,ons PMaPeak Hour a . -`l° ' r t~ y~ ' c TrefficOperahons . Inteai'section "sue `^x^r`~ Y Measure + s `~TS" g 'U h *4 ads s Exrshng wdhout ~tProposed Wrth OUR al w it h Rond Diet a 4 ',r• t t - 'i' `Road Dl et oadi,j Dtet LOS (A-F) B C B North Main Street SB/NB Speed (mph) 30.4 27.9 31.2 Travel Time (sec) 235.5 257.0 229.2 TTa"lue 3 ,'3Nor[h`'Mam Street Intersection OperaGonam„ PM-;Freak Hoar'„ ' Traffic~Operations Inter section ; ~x Measure Extshng'w thou[ $ Proposed with Actual with Road Diet ` i `4 Road Dtet Rgad+Dtet (to date) LOS A B B Maple Street/North Main Street V/C 0.58 0.89 0.77 Delay (sec/veh) 7.8 19.3 17.3 LOS B C C Glenn Street/Main Street V/C 0.11 0.20 0.14 Delay (sec/veh) 14.8 24.5 18.7 From Glenn-WB LOS F E D V/C 1.25 0.63 0.43 Hersey/Wimer/Main Street Delay (sec/veh) 282.2 18 .0 25.3 From Wimer-EB Delay (sec/veh) 69.1 43.9 23.1 From Hersey-WB LOS E D C Manzanita Street/Main Street V/C 0.25 0.16 0.14 Delay (see/veh) 41.0 26.7 16.6 From Manzanita-EB LOS A A A Laurel Street/Main Street V/C 0.45 0.70 0.56 Delay (see/veld 4.9 7.5 5.2 Note: Bold, italic results rctlccix operations that exceed performance standards As can be seen in Tables 2 and 3, arterial and intersection operations have improved to date since implementation of the road diet. Actual intersection operations have been better than estimated by Kittelson & Associates in their June of 2011 memorandum. I.O. TaQrtfPURTRT10M Feclncralnc, W August 12, 20131 Post Road Diet Assessment 19 • Corridor Queuing - Queuing is the stacking up of vehicles for a given lane movement. Queue lengths are reported as the average, maximum, or 95'h percentile queue length to the nearest 25- foot increment. Each 25-foot increment represents a single vehicle. 95th percentile queue lengths were measured at key intersections prior to the road diet and estimated for post-road diet conditions. Average and maximum queue lengths have been measured each month since January of 2013 at the most critical intersection (Wimer/Hersey/Main) and in August of 2013 at all other intersections. The worst queue lengths to date were reported in Table 4 and compared to pre-road diet conditions and proposed road diet conditions. 1 .+'.+leYr R t LP"m" y Table'4_" North Main Street Corridor Queue,Lengths.M,. Intersection Movement Existing withoui : Proposed w th ~ out with Road Diet Road Diet Road, Die[ ' (to;,date) NBT 175 525 400 SBT 175 550 475 Maple Street/North Main Street EB NA 225 175 WB NA 50 50 NBL 50 0 0 SBL 125 150 50 Glenn Street/Main Street EB 25 50 25 WB 75 250 75 NBL 100 50 50 SBL 125 100 75 Hersey/Wimer/Main Street EB 200 225 75 WB 125 175 125 NBL 25 75 25 SBTR 50 225 25 Mammnita Street/Main Street ED 200 75 50 WB 100 100 50 NB 150 325 250 SB 125 150 150 Laurel Street/Main Street EB 75 100 75 WB 75 50 50 S.O. TunMfPDQTATium ~HGIMCLIlIMG, LLC I August 12, 20131 Post Road Diet Assessment 10 • Proposed design changes - Effort continues to be made to improve the road diet and make it more efficient. A design change is being considered at the intersection of Bush Street/Main Street to transition the road diet cross section further to the south so that a northbound left turn pocket can be added at Bush Street. Other considerations include replacing exclusive left turn pockets with center two-way-left-turn-lanes, re-aligning driveways to avoid conflicting left turn movements, and improving sight distance at intersections to increase visibility for side street traffic. In summary, data collected to date includes: • Corridor Travel Times • Side Street Delay • Main Street Delay • Intersection Capacity and Level of Service • Corridor Level of Service • Corridor 85th Percentile Speeds • Intersection Queuing and Blocking • Main Street Available Gaps • Pedestrian Volumes • Bicyclist Volumes • Main Street Peak Hour and Average Daily Traffic Volumes • Side Street Peak Hour and Average Daily Traffic Volumes Additional considerations to date include: • Design Modifications • Intersection Sight Distances • Citizen Requests A summary of corridor travel times, side street and Main Street delays, and available gaps is provided on the following page. f A TRAflfP0JtrArI011 Enc~narmnc, LL( I August 12,2013 1 Post Road Diet Assessment 1 11 Pre/Post Road Diet - Data Summary 2013 Pre Jan Feb March April May June July Aug Sept Oct Segment Travel Time - Southbound Valley View- Maple Street (min) 2:18 2:18 2:20 2:20 2:21 2:34 2:25 2:18 Valley View- Maple Street (MPH) 37 37 36 36 36 33 35 37 Maple Street - Heiman Street (min) 1:32 1:28 1:27 1:30 1:32 1:33 1:29 1:32 Maple Street - Heiman Street (MPH) 23 24 24 23 23 22 24 23 Segment Travel Time - Northbound Valley View- Maple Street (min) 2:27 2:12 2:19 2:22 2:20 2:22 2:24 2:24 Valley View- Maple Street (MPH) 35 38 36 36 36 36 35 35 Maple Street- Heiman Street (min) 1:22 1:26 1:28 1:23 1:25 1:23 1:27 1:27 Maple Street- Heiman Street (MPH) 25 24 24 25 25 25 24 24 Side Street Stopped Delay Wimer Delay PM PM PM PM PM AM PM PM Avg Stopped Time (sec) 25.18 19.92 21.55 14.98 23.55 19.64 30.14 16.53 Max Stopped Time (sec) 128 113 194 76 90 161 164 121 Avg Queue (veh) 1 1 1 1 1 1 1 1 1 Max Queue (veh) 6 4 3 4 2 4 5 5 4 Hersey Delay Left/rhroughs All Avg Stopped Time (sec) 26.69 38.92 25.18 24.85 24.56 14.78 24.91 24.38 Max Stopped rime (sec) 146 103 65 166 113 39 84 63 Avg Queue (veh) 1 1 1 1 2 1 1 1 1 Max Queue (veh) 2 1 2 2 6 1 1 1 1 Right Turns Avg Stopped Time (sec) 15.07 24.15 23.78 22.95 9.11 24.24 12.30 Max Stopped Time (sec) 124 116 130 96 67 137 63 Avg Queue (veh) 2 1 2 2 2 1 2 1 Max Queue (veh) 6 4 5 6 10 2 7 4 North Main Street Delay Northbound Lefts Number ofTurns (veh) NA 94 NA 80 83 NA NA 72 Avg Stopped Time (sec) NA 7.81 NA 8.36 8.47 NA NA 12.63 Max Stopped Time (sec) NA 59 NA 138 60 NA NA 72 Avg Queue (veh) I NA 1 NA 1 1 NA NA 1 Max Queue (veh) 3 NA 3 NA 2 1 NA NA 3 Southbound Lefts Number ofTurns (veh) NA 144 NA 160 158 NA NA 136 Avg Stopped Time (sec) NA 10.69 NA 15.56 9.95 NA NA 9.29 Max Stopped Time (sec) NA 47 NA 91 93 NA NA 75 Avg Queue (veh) 2 NA 1 NA 1 1 NA NA 1 Max Queue (veh) 7 NA 3 NA 4 3 NA NA 4 North Main Street Gaps at Hersey/Wimer Direction PM PM PM PM PM AM PM PM Southbound 617 553 637 699 558 656 618 634 Northbound 454 516 533 561 496 827 534 579 Combined 101 119 150 154 137 326 117 123 No recommendation is proposed until the fall of 2013 when data has been collected and evaluated for a full one-year trial period. This letter provides a summary of collected data results to date. If you have any questions or concerns with this assessment, please feel free to contact me. Sincerely, PRO 53 OPE Kimberly Parducci, PE PTOE f W fouTRFRN Aucon TBRNfPORT rion ~NGIMLFRING, LL( OREGON ¢ BFpT M1~~~ V~ i`BFR` Y10P p~o~6 Attachments: Data Output RENEWS:1?/91/14 I.O. TRRMJPMRTRTIMM CMG1JY4MQ MG, LLC August 12, 2013 Post Road Diet Assessment 1 13 SautP~e~crc UKec~oxc . uwwpodatw, a. &gjhteeung, .e.ee At"q vcdt Vt. 97504 Hersey Approach File Name : Hersey_SD_July Lane 1: Left/Throughs Site Code : 00000004 Lane 2: Right Turns Start Date : 7/11/2013 Weather: Sunny, Warm Page No : 1 L No. Joined Queue Released From Delay n. Queue 1 1 3:39:55 PM 3:40:43 PM 48 1 2 3:48:06 PM 3:48:10 PM 4 Sol 1 3 4:02:18 PM 4:03:21 PM 63 1 4 4:06:41 PM 4:07:30 PM 49 tGP+.... 1 5 4:18:46 PM 4:18:51 PM 5 1 6 4:27:29 PM 4:27:34 PM 5 1 7 4:33:34 PM 4:33:52 PM 18 1 8 4:58:50 PM 4:58:53 PM 3 10111 2 1 3:31:01 PM 3:31:02 PM 1 11 2 2 3:31:37 PM 3:32:01 PM 24 2 3 3:31:54 PM 3:32:10 PM 16 weaRimempawmi 2 4 3:31:56 PM 3:32:14 PM 18 :c 2 5 3:32:21 PM 3:32:24 PM 3 2 6 3:34:29 PM 3:34:47 PM 18 2 7 3:34:38 PM 3:34:55 PM 17 2 8 3:34:46 PM 3:35:04 PM 18 2 9 3:34:57 PM 3:35:08 PM 11 2 10 3:36:05 PM 3:36:07 PM 2 2 11 3:37:12 PM 3:37:16 PM 1- 2 12 3:37:54 PM 3:38:26 PM 32 2 13 3:38:05 PM 3:38:31 PM 26 2 14 3:38:10 PM 3:38:36 PM 26 2 15 3:38:18 PM 3:38:41 PM 23 2 16 3:38:44 PM 3:38:46 PM 2 2 17 3:38:47 PM 3:38:49 PM 2 2 18 3:39:05 PM 3:39:24 PM 19 2 19 3:39:09 PM 3:39:29 PM 20 2 20 3:39:14 PM 3:39:41 PM 27 HOMOMMOMMEMEMMUMMI 2 21 3:39:23 PM 3:39:55 PM 32 2 22 3:39:43 PM 3:40:44 PM 61 , 2 23 3:40:52 PM 3:40:52 PM 0 2 24 3:42:50 PM 3:43:05 PM 15 2 25 3:43:17 PM 3:43:19 PM 2 2 26 3:43:24 PM 3:43:26 PM 2 1 2 27 3:44:28 PM 3:44:35 PM 7 ;,."&?`i~t 2 28 3:45:46 PM 3:45:47 PM 1 1 2 29 3:46:24 PM 3:46:26 PM 2 2 30 3:46:46 PM 3:47:01 PM 15 `.`=f 4'tL'.n' ' x' 2 31 3:47:09 PM 3:47:11 PM 2 2 32 3:47:32 PM 3:47:55 PM 23 2 33 3:47:39 PM 3:48:04 PM 25 2 34 3:48:12 PM 3:48:14 PM 2 ~ 2 35 3:48:47 PM 3:48:59 PM 12 ''6~n"SM 2 36 3:48:53 PM 3:49:09 PM 16 2 37 3:49:13 PM 3:49:36 PM 23 3m~: 2 38 3:50:11 PM 3:50:12 PM 1 F 2 39 3:52:09 PM 3:52:18 PM 9 FMO)WO 2 40 3:52:40 PM 3:52:49 PM 9 2 41 3:53:34 PM 3:53:40 PM 6 Aww V44 3:54:58 PM 3:55:00 PM 2 3:56:00 PM 3:56:08 PM 8 3:56:04 PM 3:56:13 PM 9 3:56:41 PM 3:56:43 PM 2 3:58:19 PM 3:58:23 PM 4 3:58:33 PM 3:58:36 PM 3 Southeiuc Ougo . 9wwpoxtatwa &tgawewtg,.eee ✓bted f acd, Cc 97504 Hersey Approach File Name : Hersey__,SD July Lane 1: Left/Throughs Site Code : 00000004 Lane 2: Right Turns Start Date : 7/11/2013 Weather: Sunny, Warm Page No :2 L No. Joined Queue Released From Delay J2- Queue 2 48 3:59:09 PM 3:59:34 PM 25 2 49 3:59:29 PM 3:59:36 PM 7 d 2 50 4:00:37 PM 4:00:46 PM 9 2 51 4:01:47 PM 4:02:11 PM 24 ?3 r 2 52 4:02:21 PM 4:02:23 PM 2 - 2 53 4:03:47 PM 4:03:49 PM 2 i 2 54 4:05:59 PM 4:05:59 PM 0 2 55 4:06:00 PM 4:06:01 PM 1 2 56 4:06:28 PM 4:06:49 PM 21 'w',°4% 2 57 4:07:14 PM 4:07:16 PM 2? 2 58 4:07:34 PM 4:07:55 PM 21 713=s^' ' r' ry' 2:.... :+r~.>+ 2 60 4:08:38 PM 4:08:39 PM 1 2 59 4:08:35 PM 4:08:36 PM 1 LMINFINIUMMKI 2 61 4:09:22 PM 4:09:28 PM 62 62 4:09:34 PM 4:09:36 PM 2 2 63 4:09:39 PM 4:09:41 PM 2 2 64 4:10:11 PM 4:10:14 PM 3 2 65 4:10:42 PM 4:10:51 PM 9 s= 2 66 4:10: 56 PM 4:10:58 PM 2 2 67 4:11:37 PM 4:11:57 PM 20 2 68 4:11:48 PM 4:12:02 PM 14 2 69 4:11:53 PM 412:03 PM 10 2 70 4:12:05 PM 4:12:07 PM 2 2 71 4:12:27 PM 4:12:39 PM 12 2 72 4:12:51 PM 4:13:12 PM 21 :r '.nfr 2 73 4:14:21 PM 4:14:30 PM 9 2 74 4:14:25 PM 4:14:36 PM 11 n 2 75 4:15:14 PM 4:15:23 PM 9 2 76 4:15:29 PM 4:15:30 PM 1 2 77 4:15:35 PM 4:15:55 PM 20 2 78 4:15:49 PM 4:15:57 PM 8 9M 2 79 4:16:18 PM 4:16:22 PM 4;.' 2 80 4:16:41 PM 4:16:43 PM 2 2 81 4:18:25 PM 4:18:26 PM 1 2 82 4:18:29 PM 4:18:36 PM 7 111 2 83 4:18:34 PM 4:18:49 PM 15 2 84 4:21:10 PM 4:21711 PM 1 2 85 4:23:35 PM 4:23:40 PM 5",t.". 2 86 4:23:42 PM 4:23:45 PM 3 2 87 4:24:34 PM 4:24:39 PM 5 2 88 4:25:05 PM 4:25:06 PM 1 2 89 4:26:04 PM 4:26:05 PM 1 s 2 90 4:26:11 PM 4:26:12 PM 1 _ 2. 91 4:26:27 PM 4:27:08 PM 41 ANz ; u 2 92 4:26:49 PM 4:27:11 PM 22 z;xx`Y+-,t' pal 2 93 4:26:51 PM 4:27:21 PM 30 2 94 4:27:16 PM 4:27:31 PM 15?,ar 2 95 4:28:38 PM 4:2840 PM 2 - 2 96 4:28:48 PM 4:28:57 PM 9 2 97 4:30:38 PM 4:30:46 PM 8 2 98 4:31:29 PM 4:31:30 PM 1 2 99 4:32:17 PM 4:32:25 PM 8 7ss 2 100 4:32:31 PM 4:32:33 PM 2 2 101 4:32:47 PM 4:32:49 PM 2 102 4:32:54 PM 4:33:05 PM 11 SaUM413 uz OUgM ,Jwwpantatian.. bgjir~, Bee ✓Ytedfaid, (ln. 97504 Hersey Approach File Name : Hersey_SD_July Lane 1: Left/Throughs Site Code : 00000004 Lane 2: Right Turns Start Date : 7/11/2013 Weather: Sunny, Warm Page No :3 L No. Joined Queue Released From Delay n. Queue 2 103 4:33:33 PM 4:33:36 PM 3 2 104 4:34:15 PM 4:3419 PM 4 NMI 2 105 4:34:57 PM 4:34:57 PM 0 2 106 4:35:03 PM 4:35:17 PM 14 2 107 4:35:06 PM 4:35:18 PM 12 _ 2 108 4:35:38 PM 4:35:40 PM 2 2 109 4:36:01 PM 4:36:02 PM 1 s' 2 110 4:36:35 PM 4:36:39 PM 4 - 2 111 4:37:03 PM 4:37:07 PM 4 2 112 4:37:10 PM 4:37:14 PM 4 2 113 4:37:50 PM 4:38:07 PM 17 2 114 4:37:58 PM 4:38:08 PM 10 2 115 4:38:01 PM 4:38:11 PM 10 MUSEUM 2 116 4:38:36 PM 4:38:43 PM 7 2 117 4:38:47 PM 4:38:50 PM 3 NMI 2 118 4:39:08 PM 4:39:32 PM 24 2 119 4:39:33 PM 4:39:38 PM 5 2 120 4:40:30 PM 4:40:40 PM 10 INNOMM 2 121 4:40:45 PM 4:40:49 PM 4 2 122 4:41:04 PM 4:41:11 PM 7 2 123 4:41:43 PM 4:41:51 PM 8 2 124 4:43:18 PM 4:43:36 PM 18 MENEEMERVANAI 2 125 4:43:41 PM 4:43:48 PM 7 NNE= 2 126 4:43:46 PM 4:43:50 PM 4 2 127 4:45:00 PM 4:45:56 PM 56 2 128 4:46:08 PM 4:46:10 PM 2 2 129 4:46:42 PM 4:46:59 PM 17 2 130 4:48:10 PM 4:48:30 PM 20 2 131 4:48:10 PM 4:48:32 PM 22 2 132 4:48:26 PM 4:48:48 PM 22 2 133 4:49:01 PM 4:49:28 PM 27 2 134 4:50:35 PM 4:50:49 PM 14 MlRffffAINNERMI 2 135 4:51:05 PM 4:51:06 PM 1 3 2 136 4:52:14 PM 4:52:20 PM 6 lism 2 137 4:52:56 PM 4:53:48 PM 52 11 2 138 4:54:16 PM 4:54:42 PM 26 2 139 4:56:04 PM 4:56:14 PM 10 loops" 2 140 4:56:16 PM 4:56:18 PM 2 2 141 4:56:40 PM 4:56:49 PM 9 ELINMWM 2 142 4:57:52 PM 4:58:05 PM 13 2 143 4:59:08 PM 4:59:14 PM 6 2 144 5:02:43 PM 5:03:14 PM 31 2 145 5:02:49 PM 5:03:22 PM 33 2 146 5:04:14 PM 5:04:21 PM 7 _ _ 2 147 5:05:18 PM 5:05:23 PM 5 ' 2 148 5:05:35 PM 5:05:49 PM 14 lium~ 2 149 5:05:54 PM 5:06:15 PM 21 2 150 5:06:27 PM 5:07:15 PM 48 2 151 5:06:59 PM 5:07:23 PM 24 2 152 5:07:09 PM 5:07:27 PM 18 2 153 5:08:22 PM 5:08:25 PM 3 2 154 5:09:45 PM 5:09:51 PM 6 2 155 5:10:50 PM 5:11:12 PM 22.4°^f c?ti 2 156 5:12:18 PM 5:12:20 PM 2 2 157 5:12:34 PM 5:12:36 PM 2 South4 iua OUg n gwwpvdation., buju eeung, Epee Aced o,yd, Oft. 97504 Hersey Approach File Name : Hersey_SD_July Lane 1: Left/Throughs Site Code : 00000004 Lane 2: Right Turns Start Date : 7/11/2013 Weather: Sunny, Warm Page No : 4 L No. Joined Queue Released From Detay n. Queue 2 158 5:13:23 PM 5:13:28 PM 5 %'.i3? 2 159 5:13:26 PM 5:13:32 PM 2 160 5:13:37 PM 5:13:41 PM 4 tt`r"P 2 161 5:13:52 PM 513:56 PM 2 162 5:14:32 PM 5:14:43 PM 11 r4'` 2 163 5:14:40 PM 5:14:53 PM 13 2 164 5:14:51 PM 5:15:00 PM 9 "Jzs.~'. 2 165 5:17:05 PM 5:17:28 PM 23 2 166 5:17:27 PM 5:17:48 PM 21 2 167 5:17:38 PM 5:18:32 PM 54 2 168 5:18:53 PM 5:19:56 PM 63 2 169 5:19:08 PM 5:20:04 PM 56 _ 2 170 5:19:28 PM 5:20:08 PM 40 2 171 5:20:11 PM 5:20:33 PM 22 2 172 5:20:15 PM 5:20:45 PM 30 2 173 5:20:16 PM 5:20:52 PM 36 2 174 5:22:33 PM 5:2234 PM 1 2 175 5:23:30 PM 5:23:32 PM 2 'k 2 176 5:23:53 PM 5:23:56 PM 3 2 177 5:25:36 PM 5:25:58 PM 22 - e x?`".'' 2 178 5:25:42 PM 5:25:59 PM 17 2 179 5:26:00 PM 5:26:07 PM 7 2 180 5:26:31 PM 5:26:42 PM 11 §:4^`~f79 2 181 5:27:19 PM 5:27:22 PM 3 2 182 5:27:43 PM 5:27:47 PM 4 2 183 5:28:44 PM 5:28:48 PM 4 2 184 5:2853 PM 5:29:00 PM 7s?K'u? 2 185 5:29:41 PM 5:29:43 PM 2 2 186 5:30:08 PM 5:30:26 PM 18 2 187 5:30:38 PM 5:30:41 PM 3 Summa Information: 3:31:00 PM - 5:31:00 PM Leftrrhrou h Right Total Vehicle Count: 8 187 Delayed Vehicle Count: 8 187 Through Vehicle Count: 0 0 Average Stopped Time: 24.38 12.299 Maximum Stopped Time: 63 63 Min. Secs. for Dela : 0 0 Average Queue: 0.04 0.320 Queue Densi : 1.00 1.312 Maximum Queue: 1 4 Dela in Vehicle Hour: 0.04 0.32 Total Delay, 195.. 2300 S. O. Transportation Engineering, LLC Medford, Oregon 97504 Winner Approach File Name : Wimer_SD July Lane 1: Left/Through/Right Site Code : 00000001 Weather: Sunny, Warm Start Date : 7/11/2013 Stop Sign Delay Study Page No : 1 L No. Joined Queue Released From Delay n. Queue 1 1 3:32:01 PM 3:32:03 PM 2 1 2 3:36:36 PM 3:36:41 PM 5 1 3 3:37:18 PM 3:37:20 PM 2 1 4 3:38:45 PM 3:38:53 PM 8 1 5 3:40:22 PM 3:40:48 PM 26 1 6 3:40:37 PM 3:40:49 PM 12 ° ""W 1 7 3:41:55 PM 3:42:00 PM 5 1 8 3:43:37 PM 3:43:46 PM 9 1 9 3:43:51 PM 3:43:54 PM 3 1 10 3:43:55 PM 3:43:58 PM 3 1 11 3:46:07 PM 3:46:08 PM 1 1 12 3:47:37 PM 3:47:45 PM 8 1 13 3:48:08 PM 3:48:14 PM 6 1 14 3:53:00 PM 3:53:01 PM 1 1 15 3:54:09 PM 3:54:23 PM 14 1 16 3:54:42 PM 3:55:14 PM 32 1 17 3:56:04 PM 3:56:14 PM 10 1 18 3:58:56 PM 3:58:57 PM 1 1 19 4:00:47 PM 4:01:03 PIM 16 >•.:;+hGf 2: 1 20 4:00:53 PM 4:01:15 PM 22 "YAW ` 1 21 4:01:08 PM 4:01:49 PM 41 1 22 4:01:52 PM 4:01:58 PM 6 1 23 4:02:59 PM 4:0318 PM 19 1 24 4:03:48 PM 4:03:56 PM 8 1 25 4:04:00 PM 4:04:24 PM 24 1 26 4:05:42 PM 4:05:43 PM 1 1 27 4:05:46 PM 4:05:54 PM 8 1 28 4:06:48 PM 4:06:51 PM 3 1 29 4:11:19 PM 4:11:28 PM 9 1 30 4:11:41 PM 4:12:02 PM 21 1 31 4:16:53 PM 4:17:14 PM 21 1 32 4:16:55 PM 4:17:15 PM 20 ..4-''ffll " 1 33 4:20:45 PM 4:20:51 PM 6 1 34 4:21:44 PM 4:21:53 PM 9 1 35 4:23:19 PM 4:23:47 PM 28 1 36 4:24:53 PM 4:24:59 PM 6 1 37 4:26:39 PM 4:26:41 PM 2 1 38 4:26:54 PM 4:26:56 PM 2 1 39 4:28:32 PM 4:28:35 PM 3 1 40 4:29:34 PM 4:29:40 PM 6 1 41 4:30:27 PM 4:30:29 PM 2 1 42 4:31:31 PM 4:31:40 PM 9 1 43 4:32:09 PM 4:32:18 PM 9 1 44 4:33:43 PM 4:33:45 PM 2 1 45 4:34:02 PM 434:04 PM 2 1 46 4:37:05 PM 4:37:23 PM 18 1 47 4:38:18 PM 4:38:19 PM 1 1 48 4:40:30 PM 4:40:35 PM 5 1 49 4:42:17 PM 4:42:28 PM 11 1 50 4:43:36 PM 4:43:41 PM 5 1 51 4:43:49 PM 4:44:12 PM 23 1 52 4:45:40 PM 4:46:00 PM 20 1 53 4:45:58 PM 4:46:03 PM 5 1 54 4:46:25 PM 4:46:26 PM 1 1 55 4:47:02 PM 4:47:15 PM 13 1 56 4:48:55 PM 4:49:02 PM 7 1 57 4:50:06 PM 4:50:29 PM 23 1 58 4:52:56 PM 4:53:15 PM 19 rw. m 1 59 4:54:20 PM 4:54:36 PM 16 1 60 4:54:52 PM 4:55:00 PM 8 1 61 4:55:12 PM 4755:19 PM 7 1 62 4:57:11 PM 4:5713 PM 2 S. O. Transportation Engineering, LLC Medford, Oregon 97504 Wimer Approach File Name : Wimer_SD_July Lane 1: Left/Through/Right Site Code :00000001 Weather: Sunny, Warm Start Date : 7/11/2013 Stop Sign Delay Study Page No :2 L No. Joined Queue Released From Delay n. Queue 1 63 4:57:15 PM 4:57:45 PM 30 3T...y.az:-.awu^# 1 64 5:00:30 PM 5:01:06 PM 36 1 65 5:00:34 PM 5:01:07 PM 33 1 66 5:03:24 PM 5:03:32 PM 8 1 67 5:04:33 PM 5:04:36 PM 3 1 68 5:08:47 PM 5:08:53 PM 6 1 69 5:10:25 PM 5:10:30 PM 5 1 70 5:10:36 PM 5:11:14 PM 30 1 71 5:11:12 PM 5:12:15 PM 63 rye W-*-,4ke 1 72 5:12:02 PM 5:12:27 PM 25 °.r? 1 73 5:12:06 PM 5:12:31 PM 25 ' . , 1 74 5:12:13 PM 5:14:03 PM 110 1 75 5:15:07 PM 5:15:26 PM 19 f'a "-°S'.-'"# 1 76 5:15:25 PM 5:16:17 PM 52 x..,.- 1 77 5:16:49 PM 5:16:50 PM 1 1 78 5:18:19 PM 5:19:06 PM 47 1 79 5:19:26 PM 5:21:27 PM 121 1'z'. z1:15te:w`°.x ~utn„✓,waiyp xst Sft:2:'r2`, kih"`.~.,. 1#`£P~4*'u' 1 80 5:22:11 PM 5:22:13 PM 2 k 1 81 522:37 PM 5:23:21 PM 44 ~ 4Y`t`r 1 82 5:23:14 PM 5:30:39 PM 47 1 83 5:24:48 PM 5:32:31 PM 20 r ~ Summa Information: 3:32:00 PM - 5:33:00 PM Lane 1 Total Vehicle Count: 83 Delayed Vehicle Count: 83 Through Vehicle Count: 0 Average Stopped Time: 16.53 Maximum Stopped Time: 121 Min. Secs. for Dela : 0 Average Queue: 0.31 Queue Densit : 1.29 Maximum Queue: 4 Del. in Vehicle Hour: 0.19 Total Dela 1372 Sauta"a Owg" J gurus p a datiaa. F, gj&tee4h4, a ee ✓b "go4d, Cc 97504 N. Main Street at Hersey/Wimer File Name : N Main SD_July Lane 1: Northbound Lefts Site Code : 00000002 Lane 2: Southbound Lefts Start Date : 7/11/2013 Stop Sign Delay Study Page No : 1 L No. Joined Queue Released From Delay n. Queue 1 1 3:29:43 PM 3:29:58 PM 15 1 2 3:29:53 PM 3:30:10 PM 17 a OM 1 3 3:33:27 PM 3:33:27 PM 0 1 4 3:33:47 PM 3:33:57 PM 10 r5 1 5 3:37:52 PM 3:37:59 PM 7 Zf 4 1 6 3:38:04 PM 3:38:05 PM 1 1 7 3:39:59 PM 3:40:02 PM 3 1 8 3:47:08 PM 3:47:10 PM 2 1 9 3:48:01 PM 3:48:11 PM 10 1 10 3:49:23 PM 3:49:24 PM 1 1 11 3:49:38 PM 3:49:42 PM 4 `#R'% 1 12 3:50:29 PM 3:50:31 PM 2 1 13 3:51:02 PM 3:5110 PM 8'='JYSaF 1 14 3:52:26 PM 3:53:38 PM 72 t'~z,VVagN 1 15 3:53:58 PM 3:54:30 PM 32 a{i's+~`'`rE 1 16 3:54:35 PM 3:54:35 PM 0 1 17 3:55:17 PM 3:55:19 PM 2 1 18 3:56:51 PM 3:57:05 PM 14 rr 1 19 3:57:40 PM 3:57:50 PM 10 .a.-. j 1 20 3:58:08 PM 3:58:11 PM 3 1 21 3:59:35 PM 3:59:51 PM 16 1 22 4:01:10 PM 4:01:13 PM 3? 1 23 4:02:35 PM 4:02:41 PM 6•'1 24 4:02:48 PM 4:02:51 PM 3 11? 1 25 4:06:07 PM 4:06:08 PM 1 1 26 4:07:29 PM 4:07:33 PM 4 1 27 4:11:28 PM 4:11:32 PM 4 1 28 4:13:30 PM 4:13:32 PM 2 1 29 4:20:46 PM 4:20:48 PM 2 1 30 4:20:57 PM 4:20:58 PM 1 1 31 4:22:06 PM 4:22:20 PM 14 1>"aff, _ -s;_ 1 32 4:23:14 PM 4:23:29 PM 15 lw°Y° 1 33 4:26:13 PM 4:26:20 PM 7 1,`x,`:1" 1 34 4:35:12 PM 4:35:58 PM 46 ?!?T} ~t Srya."' * f .:w`>` 1 35 4:35:27 PM 4:36:00 PM 33 " 1 36 4:36:11 PM 4:36:17 PM 6 1 37 4:37:21 PM 4:37:24 PM 3 1 b 1 38 4:41:13 PM 4:41:25 PM 12 s, 1 39 4:42:22 PM 4:42:23 PM 1 1 40 4:44:49 PM 4:44:52 PM 3 1 41 4:46:24 PM 4:47:09 PM 45 W, xuct 4+;, >..P€*G 1 42 4:48:31 PM 4:48:38 PM 7 1 43 4:48:35 PM 4:48:40 PM 5 1 44 4:48:44 PM 4:48:45 PM 1 1 45 4:49:26 PM 4:49:38 PM 12 7AR- 4A-4„j 1 46 4:49:27 PM 4:49:42 PM 15 V~!i1'd 3'r`I4:,$ 1 47 4:50:25 PM 4:50:45PM 20 It 1 48 4:51:15 PM 4:51:24 PM 9 1 49 4:52:56 PM 4:52:57 PM 1 1 50 4:59:41 PM 5:00:10 PM 29 1 51 4:59:50 PM 5:00:20 PM 30 `?'t.°,"'*'74'.. •1 1 52 5:00:36 PM 5:01:01 PM 25 ° * • 1 53 5:01:32 PM 5:01:34'PM 2 1 54 5:02:16 PM 5:02:21 PM 5 tt,.„E 1 55 5:06:22 PNI 5:06:48 PM 26 Sauthe,W VWg4 ar. g padatian. &zghtcvdng,.e ee Atedk,%d, (9.%.97504 N. Main Street at Hersey/Wimer File Name : N Main-SD-July Lane 1: Northbound Lefts Site Code : 00000002 Lane 2: Southbound Lefts Start Date : 7/11/2013 Stop Sign Delay Study Page No : 2 L No. Joined Queue Released From Delay n. Queue 1 56 5:06:31 PM 5:07:22 PM 51 1 57 5:06:47 PM 5:07:27 PM 40 1 58 5:06:59 PM 5:07:31 PM 32 1 59 5:07:47 PM 5:07:54 PM 7F' 1 60 5:13:59 PM 5:14:00 PM 1 1 61 5:14:51 PM 5:15:19 PIA 28 t~,::h`;+.v"~ai;'t=`;:r; 1 62 5:15:24 PM 5:15:26 PM 2 1 63 5:16:01 PM 5:16:03 PM 2 1 64 5:16:26 PM 5:17:15 PM 49 '=h 1 65 5:18:57 PM 5:18:59 PM 2 1 66 5:19:44 PM 5:19:57 PM 13 ~x.•'.•`L 1 67 5:21:10 PM 5:21:11 PM 1 1 68 5:21:45 PM 5:22:21 PM 36 1 69 5:22:22 PM 5:22:23 PM 1 1 70 5:22:58 PM 5:2100 PM 2 1 71 5:27:04 PM 5:27:04 PM 0 1 72 5:28:44 PM 5:28:59 PM 15 z§!n"L, ,t =+i 2 1 3:30:13 PM 3:30:14 PM 1 2 2 3:31:37 PM 3:31:38 PM 1 2 3 3:32:11 PM 3:32:13 PM 2 2 4 3:32:15 PM 3:32:16 PM 1 2 5 3:32:54 PM 3:32:58 PM 4 2 6 3:33:50 PM 3:33:50 PM 0 2 7 3:34:49 PM 3:34:49 PM 0 2 8 3:35:12 PM 3:35:13 PM 1 2 9 3:36:20 PM 3:3621 PM 1 2 10 3:37:55 PM 3:37:59 PM 4. 33 2 11 3:39:46 PM 3:40:16 PM 30 ".°"`Vu+' 2 12 3:41:25 PM 3:41:26 PM 1 2 13 3:42:23 PM 3:42:29 PM 6 2 14 3:42:42 PM 3:42:44 PM 2 2 15 3:43:40 PM 3:43:42 PM 2 2 16 3:44:45 PM 3:44:57 PM 12 2 17 3:48:08 PM 3:48:09 PM 1 2 18 3:48:39 PM 3:48:40 PM 1 2 19 3:53:05 PM 3:53:12 PIM 2 20 3:53:07 PM 3:53:14 PM 7 i.~'. 2 21 3:53:08 PM 3:54:02 PM 54 , 7. s,iJ9T'1:#'^s,5r. "`Slsa?`: t;3 2 22 3:53:34 PM 3:54:09 PM 35'-gx:""`a' 2 23 3:54:14 PM 3:54:16 PM 2 11,111 2 24 3:55:20 PM 3:55:48 PM 28 ^ VW 2 25 3:56:04 PM 3:56:16 PM 12 ?u-"-?`~a tr 2 26 3:57:08 PM 3:57:18 PM 10 2 27 3:58:15 PM 3:58:17 PM 2 2 28 3:59:47 PM 4:00:06 PM 19 2 29 4:00:16 PM 4:00:17 PM 1 2 30 4:00:20 PM 4:00:22 PM 2 2 31 4:00:24 PM 4:00:25 PM 1 2 32 4:00:37 PM 4:00:58 PM 21 2 33 4:01:00 PM 4:0101 PM 1 2 34 4:03:02 PM 4:03:05 PM 3 2 35 4:03:06 PM 4:03:08 PM 2 2 36 4:03:26 PM 4:03:27 PM 1 2 37 4:04:24PM 4:04:58PM 34 <r...,A . 2 38 4:05:01 PM 4:05:04 PM 3 Soumew c9ugm jpodation. ,ue)at4,.eee ✓IZed. oAdj C9c 975v4 N. Main Street at Hersey/Wimer File Name : N Main-SD-July Lane 1: Northbound Lefts Site Code : 00000002 Lane 2: Southbound Lefts Start Date : 7/11/2013 Stop Sign Delay Study Page No :3 L No. Joined Queue Released From Delay n. Queue 2 39 4:05:16 PM 4:05:17 PM 1 2 40 4:05:18 PM 4:05:19 PM 1 2 41 4:06:13 PM 4:06:18 PM 5 IWAI 2 42 4:08:20 PM 4:08:49 PM 29 140.' 2 43 4:09:29 PM 4:09:30 PM 1 2 44 4:09:58 PM 4:10:13 PM 15 2 45 4:12:18 PM 4:12:24 PM 6 2 46 4:12:21 PM 4:12:28 PM 7 2 47 4:14:11 PM 4:14:13 PM 2 91 2 48 4:14:58 PM 4:15:15 PM 17 KAIMMMIUM01 2 49 4:15:01 PM 4:15:18 PM 17 2 50 4:15:03 PM 4:15:21 PM 18 PW 2 51 4:15:14 PM 4:15:24 PM 10 2 52 . 4:15:45 PM 4:15:49 PM 4 a 2 53 4:16:34 PM 4:16:35 PM 1 2 54 4:17:42 PM 4:17:42 PM 0 2 55 4:17:51 PM 4:17:54 PM 3 ma 2 56 4:17:58 PM 4:17:59 PM 1 2 57 4:20:14 PM 4:20:18 PM 4 2 58 4:22:13 PM 4:22:26 PM 13 IMRNWMWI 2 59 4:22:16 PM 4:22:28 PM 12 2 60 4:22:37 PM 4:22:38 PM 1 i 2 61 4:23:11 PM 4:23:32 PM 21 fi :9n';4 29 2 62 4:24:13 PM 4:24:14 PM 1 2 63 4:25:04 PM 4:25:05 PM 1 2 64 4:25:33 PM 4:25:37 PM 4 2 65 4:25:54 PM 4:26:20 PM 26 2 66 4:28:12 PM 4:28:25 PM 13 2 67 4:28:53 PM 4:28:54 PM 1 + 2 68 4:29:40 PM 4:2941 PM 1 2 69 4:30:09 PM 4:30:14 PM 5 2 70 4:31:13 PM 4:31:15 PM 2 M 2 71 4:31:51 PM 4:32:15 PM 24 laYv w 2 72 4:34:05 PM 4:34:06 PM 1 2 73 4:34:07 PM 4:34:08 PM 1 2 74 4:34:18 PM 4:34:19 PM 1 2 75 4:35:42 PM 4:35:56 PM 14 2 76 4:36:34 PM 4:36:39 PM 5 2 77 4:37:23 PM 4:37:23 PM 0 2 78 4:38:14 PM 4:38:35 PM 21 4 I 2 79 4:43:03 PM 4:43:04 PM 1 2 80 4:45:36 PM 4:45:37 PM 1 2 81 4:46:37 PM 4:46:42 PM 5 2 82 4:47:42 PM 4:47:45 PM 3 2 83 4:47:49 PM 4:48:04 PM 15 I&MWAWWAPI 2 84 4:48:00 PM 4:48:39 PM 39 ' 2 85 4:48:14 PM 4:48:43 PM 29 2 86 4:51:26 PM 4:51:34 PM 8 WFAMI 2 87 4:51:31 PM 4:52:46 PM 75 &S*`xTec~:"~a+~?r -.',.,:r74v+7 2 88 4:53:04 PM 4:53:13 PM 9 2 89 4:53:11 PM 4:53:16 PM 5 &MI 2 90 4:54:40 PM 4:55:00 PM 20-rt...~..i+', r 2 91 4:54:57 PM 4:55:06 PM 9 2 92 4:55:25 PM 4:55:26 PM 1 2 93 4:55:29 PM 4:55:30 PM 1 Souffww U t .l uwwpadatian. &gj&cz%44,.e ee Afed pod, C9t. 97504 N. Main Street at Hersey/Wimer File Name : N Main_SD_July Lane 1: Northbound Lefts Site Code : 00000002 Lane 2: Southbound Lefts Start Date : 7/11/2013 Stop Sign Delay Study Page No : 4 L No. Joined Queue Released From Delay n. Queue 2 94 4:55:52 PM 4:56:00 PM 8 ;3= 2 95 4:57:37 PM 4:57:37 PM 0 2 96 4:57:49 PM 4:57:51 PM 2 2 97 4:58:27 PM 4:58:29 PM 2 2 98 4:58:28 PM 4:58:29 PM 1 2 99 4:59:28 PM 4:59:37 PM 9 L 2 100 5:00:50 PM 5:01:07 PM 17 aAAWWA 2 101 5:01:23 PM 5:01:28 PM 5 M 2 102 5:02:08 PM 5:02:14 PM 6 2 103 5:03:46 PM 5:03:48 PM 2 2 104 5:04:38 PM 5:05:10 PM 32 2 105 5:06:51 PM 5:07:33 PM 42 IN ,I w "fix 2 106 5:07:21 PM 5:07:45 PM 24 M,WW, 2 107 5:07:56 PM 5:07:58 PM 2 ; 2 108 5:08:14 PM 5:08:31 PM 17 2 109 5:09:48 PM 5:10:11 PM 23 2 110 5:10:18 PM 5:10:20 PM 2 fol 2 111 5:11:35 PM 5:11:36 PM 1 2 112 5:12:12 PM 5:12:37 PM 25 2 113 5:13:13 PM 5:13:14 PM 1 2 114 5:14:48 PM 5:1449 PM 1 2 115 5:15:47 PM 5:15:59 PM 12 2 116 5:15:56 PM 5:16:05 PM 9 am 2 117 5:16:54 PM 5:16:55 PM 1 2 118 5:17:13 PM 5:17:51 PM 38 2 119 5:17:50 PM 5:17:53 PM 3 A 2 120 5:18:16 PM 5:18:46 PM 30 2 121 5:20:35 PM 5:20:37 PM 2 2 122 5:21:18 PM 5:21:19 PM 1 2 123 5:21:39 PM 5:21:43 PM 4 2 124 5:21:49 PM 5:21:49 PM 0 2 125 5:21:57 PM 5:22:19 PM 22 4W.k:7-tuta,^5=€. 2 126 5:22:01 PM 5:22:35 PM 34 2 127 5:22:49 PM 5:22:50 PM 1 11 2 128 5:22:50 PM 5:22:51 PM 1 2 129 5:24:05 PM 5:24:06 PM 1 2 130 5:25:04 PM 5:25:05 PM 1 2 131 5:25:10 PM 5:25:11 PM 1 2 132 5:25:13 PM 5:25:14 PM 1 2 133 5:25:48 PM 5:26:04 PM 16 2 134 5:26:55 PM 526:57 PM 2 2 135 5:27:12 PM 5:27:24 PM 12 2 136 5:28:33 PM 5:28:36 PM 3 SoutPOM VWgOft guwwpoxtation. f. tgMeedng, .eee ✓btedfaut, Cit. 97504 N. Main Street at Hersey/Wimer File Name : N Main - SID July Lane 1: Northbound Lefts Site Code : 00000002 Lane 2: Southbound Lefts Start Date : 7/11/2013 Stop Sign Delay Study Page No : 5 Summa Information: 3:29:00 PM - 5:29:00 PM Northbound Lefts Southbound Lefts Total Vehicle Count: 72 136 Delayed Vehicle Count: 72 136 Thmu h Vehicle Count: 0 0 Average Stopped Time: 12.63 9.287 Maximum Stopped Time: 72 75 Min. Secs. for Dela : 0 0 Average Queue: 0.13 0.178 Queue Densi 1.20 1.145 Maximum Queue: 3 4 Delay in Vehicle Hour: 0.13 0.18 Total Dela : 909 1263 S"dhew (`lac gm g p n. &q& , .e ee AfcdP,vd, (9.%.97504 Bush _N Main Street Stopped Delay File Name :Bush St-SD July Lane 1: Bush Street - EBL/R Site Code : 00000001 Lane 2: N Main St - NBL Start Date : 7/18/2013 Weather: Hot, Clear Page No : 1 L No. Joined Queue Released From Delay n. Queue 1 1 3:46:01 PM 3:46:04 PM 3 1 2 4:03:31 PM 4:04:44 PM 73 c NVI ,d,e:7•;; 1 3 4:20:10 PM 4:20:14 PM 4 1 4 4:21:42 PM 4:21:46 PM 4 1 5 4:23:20 PM 4:23:25 PM 5 1 6 4:24:34 PM 4:24:39 PM 5 1 7 4:28:16 PM 4:28:21 PM 5 n€ 1 8 4:30:07 PM 4:30:10 PM 3a 1 9 4:34:26 PM 4:35:57 PM 91 + s,~ .•s;~i'_ '„>f€ 1 10 4:43:23 PM 4:4324 PM 1 1 11 4:49:31 PM 4:49:35 PM 4 1 12 4:49:38 PM 4:50:47 PM 69 1 13 4:50:28 PM 4:50:51 PM 23 4~ R*• 1 14 4:55:05 PM 4:55:10 PM 5 .a 1 15 4:56:26 PM 4:56:35 PM 9 + 1 16 5:00:14 PM 5:00:32 PM 18 1 17 5:00:30 PM 5:00:37 PM 7 WWI 1 18 5:01:56 PM 5:02:10 PM 14 MWANMI 1 19 5:07:10 PM 5:07:31 PM 21 ?,3 1 20 5:09:02 PM 5:09:32 PM 30 ~~,r ^v 1 21 5:12:02 PM 5:12:08 PM 6 1 22 5:23:36 PM 5:24:02 PM 26 1 23 5:25:00 PM 5:25:05 PM 5 1 24 5:26:16 PM 5:26:27 PM 11 1 25 5:29:20 PM 5:29:24 PM 4 1 26 5:39:48 PM 5:39:52 PM 4 3rx 1 27 5:45:50 PM 5:46:01 PM 11 1#== 1 28 5:50:36 PM 5:50:37 PM 1 2 1 3:47:25 PM 3:47:27 PM 2 2 2 3:57:52 PM 3:58:30 PM 36 2 3 4:06:15 PM 4:06:17 PM 2 2 4 4:06:23 PM 4:06:26 PM 3 2 5 4:16:31 PM 4:16:33 PM 2 2 6 4:28:46 PM 4:28:47 PM 1 2 7 4:28:48 PM 4:28:49 PM 1 2 8 4:40:27 PM 4:40:30 PM 3 2 9 4:47:26 PM 4:47:28 PM 2 2 10 4:47:55 PM 4:48:43 PM 48 1,7 ''T 2 11 5:13:48 PM 5:13:49 PM 1 2 12 5:13:50 PM 5:13:51 PM 1 2 13 5:22:30 PM 5:22:31 PM 1 2 14 5:30:08 PM 5:30:30 PM 22918 A:* kxf n 5:35:34 PM 5:35:39 PM 5 :ar"',+ 5:37:42 PM 5:37:55 PM 135:46:41 PM 5:46:52 PM 11 5:50:38 PM 5:50:38 PM 0 Sauthew vwgM J Kaewpmdatiott. btgMee d ug, .e ee .Medo,%d, V-%. 97504 Bush _N Main Street Stopped Delay File Name :Bush St - SID July Lane 1: Bush Street - EBL/R Site Code : 00000001 Lane 2: N Main St - NBL Start Date : 7/18/2013 Weather: Hot, Clear Page No :2 summa Information: 3:46:00 PM - 5:51:00 PM Bush - EBUR Main - NBL Total Vehice Count: 28 18 Delayed Vehicle Count: 28 18 Through Vehicle Count: 0 0 Average Stopped Time: 16.50 8.667 Maximum Stopped Time: 91 48 Min. Secs. for Dela : 0 0 Average Queue: 0.06 0.021 Queue Densi : 1.05 1.000 Maximum Queue: 2 1 Delay in Vehicle Hour: 0.06 0.02 Total Dela : 462 156 SouEPcnn (9w#m Awwpaytatim. £xujun~, .e ee ✓itedpal (9a. 97504 Glenn Main Stop Delay File Name : Glenn SID _July Lane 1: WBL/R Site Code : 00000002 Lane 2: SBL Start Date : 7/18/2013 Weather: Hot, Clear Page No : 1 L No. Joined Queue Released From Delay n. Queue 1 1 3:31:01 PM 3:31:02 PM 1 1 2 3:31:43 PM 3:31:49 PM 7101 1 3 3:33:05 PM 3:33:14 PM 9 2 1 4 3:33:25 PM 3:33:27 PM 2 3 1 5 3:34:07 PM 3:34:31 PM 24 1 6 3:38:20 PM 3:38:22 PM 2 a 1 7 3:38:29 PM 3:38:31 PM 2 1 8 3:41:32 PM 3:4134 PM 2 s 1 9 3:42:36 PM 3:43:42 PM 66 1 10 3:44:27 PM 3:44:46 PM 19 1 11 3:45:19 PM 3:45:20 PM 1 1 12 3:51:12 PM 3:51:14 PM 2 s 1 13 3:52:43 PM 3:52:47 PM 4 1 14 3:54:48 PM 3:54:50 PM 2 2 1 15 3:55:45 PM 3:56:42 PM 57 1 16 3:56:22 PM 3:56:43 PM 21 1 17 3:57:45 PM 3:58:30 PM 45 1 18 3:58:28 PM 3:59:06 PM 38 1 19 4:03:47 PM 4:04:19 PM 32 MMMMMffMEMAPWMI 1 20 4:04:28 PM 4:04:51 PM 23 1 21 4:04:37 PM 4:04:55 PM 18 1 22 4:05:55 PM 4:07:43 PM 108 1 23 4:06:53 PM 4:08:12 PM 79 1 24 4:08:10 PM 4:08:27 PM 17 1 25 4:08:32 PM 4:08:37 PM 5 1 26 4:09:02 PM 4:09:06 PM 4 1 27 4:09:52 PM 4:10:20 PM 28 1 28 4:10:23 PM 4:10:30 PM 7 1 29 4:11:52 PM 4:12:10 PM 18 ' 1 30 4:15:46 PM 4:16:03 PM 17 G'4 1 31 4:17:21 PM 4:17:22 PM 1 1 32 4:17:53 PM 4:18:16 PM 23 1 33 4:21:05 PM 4:21:07 PM 2 A 1 34 4:22:27 PM 4:23:09 PM 42 1 35 4:23:16 PM 4:23:38 PM 22 9'AL';t 1 36 4:27:13 PM 4:27:23 PM 10 1 37 4:27:16 PM 4:27:27 PM 11 n.. !f 1 38 4:27:21 PM 4:27:28 PM 7 1 39 4:28:17 PM 4:28:24 PM 7 1 40 4:30:33 PM 4:30:37 PM 4 Je 1 41 4:37:32 PM 4:37:40 PM 8 1 42 4:39:25 PM 4:39:58 PM 33 ? U!$;4.`. 1 43 4:43:28 PM 4:43:32 PM 4 1 44 4:45:00 PM 4:45:32 PM 32 ANNIWMMMMMI _ 1 45 4:48:33 PM 4:48:51 PM 18 1 46 4:50:26 PM 4:50:45 PM 19 1 47 4:51:50 PM 4:52:29 PM 39 - M 4 P'#„ 1 48 4:53:01 PM 4:53:20 PM 19 mwwT*r-T 49 4:55:45 PM 4:55:47 PM 2 1 50 4:56:37 PM 4:56:47 PM 10 E5553 4:58:26 PM 4:58:29 PM 3 4:58:40 PM 4:58:43 PM 3 4:59:11 PM 4:59:14 PM 3 5:00:02 PM 5:00:22 PM 205:05:49 PM 5:05:57 PM 8 Soutfww O J pantactwtt btg uwcung, Bee ✓ &dpaul, Vit. 97504 File Name :Glenn - SID July Site Code : 00000002 Start Date : 7/18/2013 Page No :2 L No. Joined Queue Released From Delay n. Queue 1 56 5:07:43 PM 5:07:50 PM 7 1, AMEN 1 57 509:31 PM 5:09:33 PM 2 17 1 58 5:09:54 PM 5:09:58 PM 4 1 59 5:11:30 PM 5:11:32 PM 2 1 60 5:11:51 PM 5:12:14 PM 23 -GW 1 61 5:13:45 PM 5:14:06 PM 21 1 62 5:14:27 PM 5:14:45 PM 18 1 63 5:19:40 PM 5:19:47 PM 7 1 64 5:19:50 PM 5:20:57 PM 67 1 65 5:24:52 PM 5:25:38 PM 46 1 66 5:25:40 PM 5:25:43 PM 3 1 67 5:25:51 PM 5:25:57 PM 6 1 68 5:25:54 PM 5:26:01 PM 7 1 69 5:26:41 PM 5:26:55 PM 14 1 70 5:27:18 PM 5:27:22 PM 4 1 71 5:30:10 PM 5:30:15 PM 5 'A~v 1 72 5:30:21 PM 5:30:24 PM 3 IN 1 73 5:31:27 PM 5:31:32 PM 5 pqv, 1 74 5:32:45 PM 5:33:07 PM 22 2 1 3:34:12 PM 3:34:25 PM 13 2 2 3:37:15 PM 3:37:16 PM 1 2 3 3:37:37 PM 3:37:47 PM 10 2 4 3:41:10 PM 3:4112 PM 2a 2 5 3:41:36 PM 3:41:47 PM 11 2 6 3:44:17 PM 3:44:45 PM 28 2 7 3:49:24 PM 3:49:31 PM 7 2 8 3:49:35 PM 3:49:42 PM 7 V'1`;«. 2 9 3:52:07 PM 3:52:21 PM 14 2?7i ?U` L,t4: 2 10 3:53:42 PM 3:54:10 PM 28 x 1* 2 11 4:03:45 PM 4:03:47 PM 2 2 12 4:05:03 PM 4:05:11 PM 8 2 13 4:07:35 PM 4:07:36 PM 1 2 14 4:09:31 PM 4:09:47 PM 16 2 15 4:11:38 PM 4:12:09 PM 31 ~A"_ = 2 16 4:13:33 PM 4:13:38 PM 5 2 17 4:19:00 PM 4:19:02 PM R31 2 18 4:22:07 PM 4:22:15 PM 2 19 4:23:57 PM 4:23:59 PM 2 20 4:24:29 PM 4:24:36 PM 2 21 4:25:05 PM 4:25:51 PM 2 22 4:25:14 PM 4:25:56 PM 2 23 4:27:24 PM 4:27:26 PM 2 24 4:28:53 PM 4:28:54 PM 2 25 4:29:20 PM 4:29:22 PM 2 26 4:30:39 PM 4:30:42 PM 2 27 4:33:01 PM - 4:33:05 PM 4 2 28 4:35:53 PM 4:35:56 PM 3 U 2 29 4:39:48 PM 4:40:03 PM 15 MOO4"as,k' 2 30 4:39:54 PM 4:40:10 PM 16 2 31 4:39:59 PM 4:40:14 PM 15 i,11iu,'z°.{4L 2 32 4:40:27 PM 4:40:51 PM 24 2 33 4:47:10 PM 4:47:18 PM 8 2 34 4:47:16 PM 4:47:26 PM 10 2 35 4:48:07 PM 4:48:07 PM 0 2 36 4:48:38 PM 4:48:52 PM 14 2 37 4:50:46 PM 4:50:48 PM 2 2 38 4:58:10 PM 4:58:12 PM 2 Soume= (gug" .M"q"d, Oft. 975v4 File Name :Glenn SD July Site Code : 00000002 Start Date : 7/18/2013 Page No : 3 L No. Joined Queue Released From Delay n. Queue 2 39 5:00:33 PM 5:00:38 PM 5 2 40 5:02:28 PM 5:02:34 PM 6 2 41 5:02:42 PM 5:03:01 PM 19 2 42 5:05:46 PM 5:05:55 PM 9 2 43 5:06:16 PM 5:06:28 PM 12 2 44 5:10:43 PM 5:11:08 PM 25 2 45 5:12:12 PM 5:1214 PM 2 2 46 5:12:26 PM 5:12:29 PM 3 2 47 5:13:18 PM 5:13:33 PM 15 2 48 5:22:45 PM 5:23:09 PM 24 2 49 5:23:29 PM 5:23:32 PM 3 2 50 5:25:14 PM 5:25:25 PM 11 2 51 5:26:48 PM 5:26:57 PM 9 2 52 5:26:53 PM 5:27:03 PM 10 2 53 5:27:51 PM 5:28:05 PM 14 2 54 5:29:27 PM 5:29:29 PM 2 2 55 5:29:37 PM 5:29:39 PM 2 2 56 5:29:40 PM 5:29:41 PM 1 2 57 5:29:46 PM 5:29:51 PM 5 2 58 5:30:52 PM 5:30:54 PM 2 2 59 5:30:55 PM 5:30:57 PM 2 2 60 5:31:00 PM 5:31:02 PM 2 2 61 5:32:31 PM 5:32:37 PM 6 2 62 5:33:20 PM 5:33:24 PM 4 Summa Information: 3:31:00 PM - 5:34:00 PM WBLR SBL Total Vehicle Count: 74 62 Delayed Vehicle Count: 74 62 Through Vehicle Count: 0 0 Average Stopped Time: 17.23 9.758 Maximum Stopped Time: 108 46 Min. Secs. for Dela : 0 0 Average Queue: 0.17 0.084 Queue Densi[ : 1.09 1.116 Maximum Queue: 3 3 Dela in Vehicle Hour: 0.17 0.08 Total Dela : 1275 605 ~ bL M ~ 7 o x r N w Z ell 0 3 1 s3 F m W 4C~ o a+ u Q z~ N N M M 7 d' vl V'1 ~O ~O a+ 7 0¢ N oo V M N " CO ~z y rnoooo oa o0CO 00000~ y Q,! ~O M ~O M M vl ~O N M M M M l~ tn x3 0 +r u ~ N N M M 7 ~ V1 V1 ~O ~O \O a+ 7 L CN G w T N y N h x N t0 N ~O 00 ~O 00 7 ~O N Vl h 00 00 ~O t7 W ~ L O T V zQ ~ w 'd 0 O O N m qt M- 00 00 M M 0 (1! 4t ~O M N N - - ur y C3 O a H Cf a C ~ .ti ti . . O\ M M ~ O\ O O O O O O O O O O R cOG' y R ~ O .N b 00 O N 'V \o 00 N O U Q C7 O w + N N N N N A F Travel Time Delay Study Date: 7-16-13 Time: 7:30-8:30 A.M. Corridor: North Main Street Limits of Study: Valley View to Heiman Control Point: Maple Street Valley View - Maple Maple - Heiman Southbound Northbound Southbound Northbound Run 1 02:10.0 02:24.0 01:24.1 01:21.9 Run 2 02:21.1 02:18.2 01:34.7 01:15.5 Run 3 02:43.7 02:22.1 01:30.6 01:30.5 Run 4 02:17.1 02:15.7 01:37.2 01:49.4 Run 5 02:17.7 02:09.5 01:21.3 01:43.2 Run 6 Run 7 AVERAGE 02:21.9 02:17.9 01:29.6 01:32.1 Travel Time Delay Study Date: 7-15-13 Time: 4:30-5:30 P.M. Corridor: North Main Street Limits of Study: Valley View to Heiman Control Point: Maple Street Valley View - Maple Maple - Heiman Southbound Northbound Southbound Northbound Run 1 02:04.3 02:28.3 01:34.4 01:21.7 Run 2 02:19.5 02:30.9 01:40.1 01:27.2 Run 3 02:08.4 02:19.3 01:16.6 01:14.7 Run 4 02:12.3 02:48.9 01:58.4 01:19.4 Run 5 02:24.0 02:25.6 01:26.4 01:22.5 Run 6 Run 7 AVERAGE 02:13.7 02:30.6 01:35.2 01:21.1 t Y r= SCALE Fffl i 0 10 20 30 40 'ly 112812013 i F yy ~3Vy _n WWI Ott .qa it t I~r V / y l ~r x t• .y I Z-Z N. MA IN ST. T i, 30 70' 100' R.C. 70' - - New driveway Existing driveway - to be closed MOW 0, /T . CITY OF -ASH LAN D Council Communication August 20, 2013, Business Meeting Second Reading of an ordinance amending the City of Ashland Municipal Code and Land Use Ordinance to provide new standards for the keeping of micro- livestock and bees FROM: Brandon Goldman, Senior Planner, Department of Community Development Brandon.Goldman@ashland.or.us SUMMARY The proposed ordinance amends the Ashland Municipal Code and Land Use Ordinance to provide new standards for the keeping of micro-livestock such as domestic fowl, rabbits and miniature goats, and new provisions regulating the keeping of bees. BACKGROUND AND POLICY IMPLICATIONS: On August 6, 2013, the City Council approved First Reading of the proposed ordinance amending the Health and Sanitation Chapter (9.08) of the Ashland Municipal Code, and the Accessory Buildings and Structures (Ch. 18.68.140) section of the Land Use Ordinance to provide new standards for the keeping of micro-livestock such as domestic fowl, rabbits and miniature goats, and provide new provisions regulating the keeping of bees. Upon review of the ordinance at first reading, the City Council directed staff to include further amendments that provide a requirement that beekeepers obtain a beekeeping permit, and that a process be established to provide notification to neighboring properties. Notification to neighbors within the immediate vicinity of the property where an apiary would be kept affords residents who have a medically certified allergy to bee stings to object to the issuance of a Beekeeping Permit. The draft ordinance presented at second reading contains two new standards relating to beekeeping which, in combination with a new Beekeeping Permit type, are intended to address the Council direction provided at First Reading on August 6, 2013: 1. Approval of a Beekeeping Permit, including compliance with the beekeeping neighborhood notification process, is required to keep bee hives within the City Limits. The Director of Community Development shall issue a Beekeeping Permit for the keeping of bees upon determining that such use: a) meets the criteria set forth in this Chapter, and b) will not unreasonably disturb the health, safety, peace, or comfort of residents occupying properties, lots or parcels of land adjoining the property, lot or parcel of land for which such Permit is issued. Page I of 3 CITY OF ASHLAND 2. Bee colonies shall not be located on a property if. prior to the issuance of a Beekeeping Permit, a person residing on a property adjoining or abutting the property upon which hives are to be kept has a medically certified allergy to the sting of bees and has submitted medical documentation to the City and a written request that the hives/colonies not be placed on the property. Staff has further prepared a draft Beekeeping Permit Application Form, Sample Beekeeping Neighborhood Notification letter, and an affidavit ofmailingform, which are attached to this Council communication as examples of how the permitting process would be carried out to ensure that neighboring residents are notified of a beekeeper's intent to locate an apiary on an adjacent property. The required notice area proposed is limited to properties that abut the applicant's property as "adjacency" was discussed by the Council at First Reading. Notification requirements for a beekeeping permit in other communities range from none at all to notification required up to several hundred feet away. Should the Council desire a larger notification area beyond adjacent properties, 09.08.040(D)2 as proposed could be amended to replace the term "adjoining or abutting the property" with "within [xJ./eet of the property" As presented, applicants for Beekeeping Permits would be responsible to notify their immediate neighbors and submit an affidavit of mailing as part of the Beekeeping Permit Application. Upon request, and for a fee of $25, the Community Development Department could provide an applicant with a site specific vicinity map and generate a mailing list for the applicant to use in completing the requisite neighborhood notification. Since applicants would be responsible for mailing the notices to their adjacent neighbors, the prospective beekeepers would be the first point of contact, enabling neighbors to address their questions and concerns directly to applicants. This notification method would reduce administrative costs for issuance of a Beekeeping Permit, and the City could process the application in a manner consistent with other zoning permits (such as a fence permit) for a current fee of $28. In the event the City receives an objection to issuance of a Beekeeping Permit from a neighboring resident, along with medical documentation certifying the allergy, the application for a Beekeeping Permit would be denied. As worded the new criterion states that such an objection must be received "prior to the issuance of a Beekeeping Permit". The intent of this provision as drafted is to ensure that once an apiary is established under permit authorization, a future objection from an existing resident that did not initially raise an objection, or from a new resident moving into the neighborhood who has severe allergic reactions to bee stings, would not be grounds for revocation of the permit. If it is the City Council's decision to afford a resident on abutting property the ability to initiate revocation of a previously issued Beekeeping Permit upon future determination that the neighbor would have a severe anaphylactic reaction to a bee sting, then the qualifier "prior to the issuance of a Beekeeping Permit " should be stricken from section 09.08.040(D)2. A Beekeeping Permit would then be subject at any time to revocation if a violation of the Municipal Code or the conditions of the Beekeeping Permit existed on the property. The sections of the proposed ordinance relating to the keeping of micro-livestock and standards relating to animal enclosures are unchanged from the draft presented to the City Council at first reading. Page 2 of 3 CITY OF ASHLAND FISCAL IMPLICATIONS: The proposed new Beekeeping Permit would be a ministerial permit with a $28 fee. This fee is comparable to other ministerial zoning permits, such as fence permits. The volume of prospective beekeepers in the community that would seek a Beekeeping Permit is expected to be small, thus potential revenue from this permit type is expected to be minimal. RECOMMENDATIONS AND REOUESTED ACTION: The Planning Commission unanimously recommended approval of the ordinance amendments at its regular meeting on June 11, 2013. Staff recommends Council approve Second Reading of the ordinance as amended. SUGGESTED MOTION: I move to approve the second reading of an ordinance titled "An ordinance amending the Health and Sanitation chapter (9.08) and the General Regulations chapter (18.68) of the Ashland Municipal Code and Land Use Ordinance as amended, to establish provisions for the keeping of micro-livestock and bees within residential districts." ATTACHMENTS: • Ordinance amending the Health and Sanitation Chapter (9.08) of the Ashland Municipal Code and the General Regulations Chapter (18.68) of the ALUO • Example Beekeeping Permit Application Form and Neighborhood Notification Letter • Staff Report for Planning Action 2013-00545 dated June 11, 2013 o see 8/06/2013 Council Packet • Letters o see 8/06/2013 Council Packet for letters submitted at first reading Page 3 of 3 Er, ORDINANCE NO AN ORDINANCE AMENDING THE HEALTH AND SANITATION CHAPTER (9.08) AND THE GENERAL REGULATIONS CHAPTER (18.68) OF THE ASHLAND MUNICIPAL CODE TO ESTABLISH PROVISIONS FOR THE KEEPING OF MICRO-LIVESTOCK AND BEES WITHIN RESIDENTIAL DISTRICTS Annotated to show delefiens and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to promote local food production and increased self sufficiency; and WHEREAS, the City Council has determined that special attention regarding the raising of micro-livestock primarily as a source of food and animal products, is required to successfully integrate urban animal keeping into residential neighborhoods in a manner that avoids negative impacts to neighbors or a nuisance to the community; and WHEREAS, the City of Ashland Municipal Code currently contains limits on beekeeping that are impractical and do not reflect today's best practices; and WHEREAS, the City Council finds that honeybees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 11, 2013; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and Ordinance No. Page 1 of 9 WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.08.010 of the Health and Sanitation section of the Ashland Municipal Code is hereby amended to read as follows: Unless the context requires otherwise, the,following mean: A. Apiary means the assembly of one or more colonies of bees at a single location. B. Beekeeper" means a person who owns or has charge of one or more colonies of bees. C. Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. D. Hive" means the receptacle inhabited by a colony that is manufactured for that purpose. E. Nucleus colony" means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose not including surplus honey storage or harvesting. F. Person means a natural person, firm, partnership, association, or corporation, whether acting as an individual or as the clerk, servant, employee, or agent of another; G. Person in Charge of Property means an agent, occupant, lessee, contract purchaser, or person, other than the owner, having possession or control of the property; E. H. Public Place means a building, way, place, or accommodation, whether publicly or privately owned, open and available to the general public. SECTION 2. Chapter 9.08.040 of the Health and Sanitation section of the Ashland Municipal Code is hereby amended to read as follows: A. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three (3) dogs over the age of three (3) months on any one (1) parcel or tract of land. Ordinance No. _ Page 2 of 9 B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the provisions of section 18.20.020, keeping or maintaining swine commonly referred to as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the following: 1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more than 95 pounds. 2. No more than one such pig shall be kept at anyone parcel or tract of land. 3. Such pigs shall: a. Be confined by fence, leash or obedience training to the property of the person keeping or maintaining them or to the property of another if such other person has given express permission; b. Be confined to a car or truck when off property where otherwise confined; or c. Be on leash not longer than six feet in length. 4. Such pigs shall be kept in accordance with the standards of minimum care for domestic animals as set_forih in ORS 167.310. 5. Notwithstanding any of the above, no such pig shall be allowed in any park. C. Xe per-sen shall keep or mahilain pouftfy within seventyfive (75)feet of aitothe dwe ff ",eept that chickens Micro-livestock, including chickens, domestic fowl, turkeys, rabbits, and miniature goats, may be kept or maintained even within so seventy five (A "W bufe ° zen provided each of the following requirements is continuously met 1. The total number of all micro-livestock, including both adult and iuvenile animals, that may kept or maintained on any single property shall be limited to no more than ten (10) animals on properties of 5000 square feet or less, and no more than two (2) additional animals for each one thousand (1,000) square feet of lot area in excess of five thousand (5000) square feet, up to a maximum of twenty (20) animals. L 2. Chickens and Domestic Fowl. For purposes of this chapter, "domestic fowl" means quails, pheasants, pigeons, doves, and muscovev ducks (Cairina moschata), a. No more than five (5) adult chickens or domestic fowl (over six months of age) and five (5) iuvenile chickens or domestic fowl (less than 6 months of a e shall be kept or maintained on properties of,ta2jhW ive thousand (5000) square feet or less in area: fib. No more than one (1) adult chicken or domestic fowl (over six months of age) and one (1) iuvenile chickens or domestic fowl (less than 6 months of a e for each one thousand (1, 000) square feet of lot area, Hp to a maximunt (20) shall be kept or maintained on properties greater than htwnfy five thousand (5000) square feet in area. c No more than two (2) adult turkeys (over 6 months of age), and two (2) juvenile turkeys (less than 6 months of age) shall be kept or maintained on properties of less than one acre. d. Roosters, geese, and peacocks are prohibited. Ordinance No. _ Page 3 of 9 3. Rabbits. No more than six (6) adult rabbits (over six months of age) shall be kept or maintained on properties of less than one acre. a. Nursing offspring born to permitted adult rabbits may be kept until such animals are weaned. b. Rabbits shall be kept in a hutch or fenced enclosure. 4. Miniature Goats. For purposes of this chapter "miniature goats" are those goats commonly known as pvgmv, dwarf, and miniature goats weighing less than 95lbs at full size. a. No more than two (2) adult miniature goats over six months of age shall be kept or maintained on properties of less than one acre. b. Nursing offspring born to permitted adult miniature goats may be kept until such animals are weaned. c. Solitary miniature goats are not permitted. d. Male miniature goats shall be neutered. 5. & ehiekens Micro-livestock shall be allowed on properties containing multi- family complexes, including duplexes provided the following are continuously met: a. The property owner, or designated property manager, has provided written notification to all residents of the multi-family complex, and to the City, verifying the keeping of animals on the property will comply with the requirements of this chapter. Written notification shall include the following; i. Property owner, property manager, or Home Owner Association representative contact information, including the name, address and phone number(s). ii. 24 hour emergency contact information for an onsite resident designated as the primary responsible party for animal care and maintenance. Contact information shall include the name, address and phone number of the responsible party. iii. The City requirements for the keeping of micro-livestock including the maximum number and type of animals permitted on the subject property and maintenance requirements per this chapter. b. Micro-livestock must be secured at all times and located at least twenty (20) feet from any dwelling within the multifamily complex or dwellings on adioining properties. c. The area in which micro livestock are kept shall be continuously maintained regardless of any change of building tenancy or property ownership. d. The construction of accessory buildings and structures for the purpose of housing micro-livestock upon multi-family zoned properties occupied by two (2) or more residential units is subject to site design review standards outlined in Chapter 18.72 of this code. Ordinance No. Page 4 of 9 4. 6. In residential zones ekiekens micro-livestock shall be kept primarily for personal use only., with the exeepfion of the sale of surphis eggs direedy to the end eonsimeep Sale of surplus eggs, honey or similar animal products produced by on-Dremises micro- livestock is permitted in compliance with applicable licensing and inspection requirements of the Oregon Department of Agriculture. 5-.AA9 roosters shall be agowed, 6, 7 Chiekens Micro-livestock must be secured at all times and located at least twenty (20) feetffrom dwellings on adjoining properties: a. a A secure '-,.,cken eoop-enelosure shall be provided to protect ehieke s micro-livestock from predators and to provide shelter from the weather; b. Chieken Micro-livestock enclosures shall that Hieets meet the requirements ofAMC 18.68.140(C)(4)-or in-a se ti °'.yfeneed-a:ea and shall be located at least ten (10) feet from neighboring properties; 8. To protect public health, the areas in which °'•'ekens micro-livestock are kept must be maintained in compliance with AMC 9.08.060 and the following requirements: a. C- ieken Animal feed must be kept in rodent- and raccoon proof containers; b. Chieken Animal manure must be collected, stored, and removed from the property on a regular basis in accordance with the following requirements: i. All stored manure shall be within a non-combustible, air-tight, container and located in accordance with the Oregon Fire Code relating to the outdoor storage of combustibles; ii. No more than one 20-gallon container of manure shall be stored on anyone property housing ehiekens micro-livestock; and iii. All manure not used for composting or fertilizing shall be removed; S. 9.. Micro-livestock enclosures, including Cchicken coops and runs, rabbit hutches, and goat barns shall be built in compliance with AMC 18.68.140(C)(4) and with all applicable building and zoning codes; 9. 10.. The requirements ofAMC 18.20.020(D) regarding of the keeping of livestock shall not apply to the keeping of e' iekens micro-livestock or the buildings and ..,structures that house ekiekens micro-livestock 4B: 11.. Noise resultingfrom the keeping or maintaining ofehiekerns micro- livestock must not exceed the limitations set forth in AMC 9.08.170. DL X9 person shall keep or mainfaht rabbits within one hundr-ed (400)feet of anothe Ordinance No. Page 5 of 9 E-. Xe per-son shall keep or ittaintain a bee hive-, bees-, apiarj-, eomb, or eontailter of ai kind or ehar-aeler wherein bees ore hiveit, within one hutedredfifty (450)feet of anothe D Bees. The keeping or maintaining of bees, bee colonies, bee hives, combs, or containers of anv kind or character wherein bees are hived is subiect to the following: 1. Approval of a Beekeeping Permit, including compliance with the beekeeping neighborhood notification process, is required to keep bee hives within the City Limits. The Director of Community Development shall issue a Beekeeping Permit for the keeping of bees upon determining that such use: a) meets the criteria set forth in this Chapter, and b) will not unreasonably disturb the health, safety, peace, or comfort of residents occupying properties, lots or parcels of land adioining the property, lot or parcel of land for which such Permit is issued. 2. Bee colonies shall not be located on a property if prior to the issuance of a Beekeeping Permit a person residing on a property adjoining or abutting the property upon which hives are to be kept has a medically certified allergy to the sting of bees and has submitted medical documentation to the city and a written request that the hives/colonies not be placed on the property. 3. No more than three (3) bee colonies shall be kept or maintained on properties of less than one acre. 4. No more than five (5) bee colonies shall be kept or maintained on properties of one acre or greater. 5. Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 6. For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same property, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body. 7. In each instance where a colony is kept less than twenty five (25) feet from a property line, a flyway barrier at least six (6 )feet in height shall be maintained parallel to the property line for a minimum of ten (10) feet in either direction from the hive The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. Ordinance No. Page 6 of 9 8. A constant supply of fresh water shall be provided for the colonies on site within fifteen (15) feet of each hive. 9. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect proof container. 10. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired. 11. The sale of surplus honey or bee's wax produced on site shall be permitted on the property where the keeping of bees is permitted. 12. Africanized bees are prohibited. F. No person shall keep or maintain a stable housing large livestock within one hundred (100) feet of another dwelling. G. Where the conditions imposed by subsections (B) to (F) of this section differ from those imposed by another ordinance, the provision which is more restrictive shall control. H. The applicable minimum care requirements of ORS 167.310 shall apply to all animals identified in this section. I. Keeping of animals is a Class III violation. SECTION 3 Chapter 18.68.140 of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.68.140 Accessory Buildings and Structures. Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Title and shall comply with the following limitations: A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district. r. B. A guest house may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guest house. C. An enclosure housing micro-livestock may be maintained in a residential district provided the following conditions are met: Ordinance No. _ Page 7 of 9 q W "'s"s than i ye (5) eh ekens shall be kept or ma ila fined on a...t es a.f kess thonfive thousand (5000) squarefeet in area; ) Te more than one (1) ehie en f "eoeh one thousand ((4,000) f et of le orea-, Hp to a onaWniffin of twenty (20) shall be kept or mahitained on r properties greater thanfive thousand (5000) squareftet in area, ) No resters shag be kept on the property at any finm 4) jJ Enclosures housing micro-livestock Chie n eeeps and ehie en °•a•-° shall be constructed as follows: a) they shall not be located in a required front yard. b) they shall be setback a minimum of ten (10) feet from abutting properties. c) they shall be at least twenty (20).feet.from dwellings on adjoining properties. d) structures shall not exceed six (6) feet in height. e) chicken coops and rabbit hutches shall not exceed forty (40) square feet in area, or four (4) square.feet per ekkkeff animal, whichever is greater. J) chicken and rabbit runs, as enclosed outdoor structures, shall not exceed one hundred (100) square feet in area, or ten (10) square feet per ekieken animal, whichever is greater. p 1 3} 21 The keeping of ehiekens, micro-livestock and the maintenance of their environment, shall be in accordance with Keeping of Animals chapter of the Ashland Municipal Code (Ch. 9.08.040). SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 4 and 5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. Page 8 of 9 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 2013, and duly PASSED and ADOPTED this day of 2013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. _ Page 9 of 9 CITY OF Beekeeping Permit Application -ASH LAN D APPLICANT AND OWNERSHIP INFORMATION Applicant Name(s) Mailing Address/State/Zip Phone # Email Address: ff the applicant is not the property owner, permission from the owner must be provided below: Property Owner(s) Mailing Address/State/Zip Phone # Email Address: Property Owner's Signature Date: Note to Applicant: • Approval of a Bee Keeping Permit is required to keep bee hives within the City Limits. • All standards of the Bee Keeping Permit must be met to obtain approval. (see Attachment A) • This permit does not override private property restrictions in Covenants, Conditions and Restrictions. • Application must include the $28 application fee • Application must include a copy of the bee keeping neighborhood notification mailing affidavit (see Attachment B), which shall include the notification letter and the list of all neighboring properties to which the letter was mailed, and the vicinity map. Failure to notify a household occupying a dwelling on an adjacent property prior to the location of bee hives upon a property may be grounds for denial or revocation of the Bee Keeping Permit. • This permit is subject to revocation if violations of the Municipal Code or the conditions of this permit exist on the property TRACKING INFORMATION (For Office Use Only) Date Received: Permit# Tax Map #(s) Tax Lot #(s) , Zoning: Planning: Approved / Denied Reason for denial or Conditions of approval: Decision Date: Reviewing Planner: City of Ashland Department of Community Development Tel:541-088-5305 20 East Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800.735-2900 Beekeeping Permit Application CITY O F ASH LAN D SITE LOCATION & DESCRIPTION Site Address: Lot Size (Total Square Footage): DESCRIPTION OF ANIMALS Number of bee hives to be kept on property Are there other poultry or micro-livestock at this address? Yes / No GENERAL INFORMATION Are the bee hives to be located within 25 feet of a property line? Yes / No Is a 6' tall Flyway Barrier provided? Yes / No Is the affidavit of mailing the Beekeeping Neighborhood Notice included in the application? Yes/No SITE PLAN Please attach a "to scale" site plan which clearly shows: (Example of "to scale" 1 inch = 100 feet) • Lot dimensions and size and location of house and accessory structures. • Location where bee hives will be kept • Location of fencing or flyway barriers • Location of water supply provided for the colonies • Approximate locations of dwellings on adjoining properties. APPLICANT SIGNATURE I hereby certify that my maintaining bees and bee hives will continually conform to the standards of the City of Ashland Municipal Code Chapter 9.08.040(D) and to any conditions of approval attached to the Bee Keeping Permit. I understand that the ability to keep bees is subject to revocation if violations of the Municipal Code or this permit exist on my property. Applicant Signature Date Printed Name City of Ashland Department of Community Development Tel: 541488-5305 20 East Main Street fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 Beekeeping Permit Application Attachment A Ashland Municipal Code relating to Bee Keeping 9.08.040 (D) Bees. The keeping or maintaining of bees, bee colonies, bee hives, combs, or containers of any kind or character wherein bees are hived is subject to the following: 1. Approval of a Beekeeping Permit, including compliance with the beekeeping neighborhood notification process, is required to keep bee hives within the City Limits. The Director of Community Development shall issue a Beekeeping Permit for the keeping of bees upon determining that such use: a) meets the criteria set forth in this Chapter, and b) will not unreasonably disturb the health, safety, peace, or comfort of residents occupying properties, lots or parcels of land adjoining the property, lot or parcel of land for which such Permit is issued. 2. Bee colonies shall not be located on a property if prior to the issuance of a Beekeeping Permit a person residing on a property adjoining or abutting the property upon which hives are to be kept has a medically certified allergy to the sting of bees and has submitted medical documentation to the city and a written request that the hives/colonies not be placed on the property. 3. No more than three (3) bee colonies shall be kept or maintained on properties less than one acre in size. 4. No more than five (5) bee colonies shall be kept or maintained on properties greater than one acre in size. 5. Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 6. For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same property, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body. 7. In each instance where a colony is kept less than twenty five (25) feet from a property line, a flyway barrier at least six (6 )feet in height shall be maintained parallel to the property line for a minimum of ten (10) feet in either direction from the hive The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. 8. A constant supply of fresh water shall be provided for the colonies on site within fifteen (15) feet of each hive. 9. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect proof container. 10. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired. 11. The sale of surplus honey or bee's wax produced on site shall be permitted on the property where the keeping of bees is permitted. 12. Africanized bees are prohibited. City of Ashland Department of Community Development 76 541-480-5305 20 East Main Street ra:-:: 541552-2050 Ashland, Ore<3on 97520 TTY: 800-735.2900 Beekeeping Permit Application Attachment B Beekeeping Neighborhood Notification Affidavit of Mailing I, being duly sworn, say that on the day of 20 1 caused to have mailed, to each of the persons on the attached list, a beekeeping notice, a copy of the City of Ashland beekeeping regulations, and a vicinity map. Copies of the above listed items are attached hereto and made a part of the record for the Beekeeping Permit application. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office with postage prepaid thereon. Signature Subscribed and sworn to, or affirmed, before me this day of , 20_ Notary Public for the State of County of My Commission expires: City of Ashland Department of Community Development Tel: 541-488-5305 20 East Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 Beekeeping Permit Application Sample Beekeeping Neighborhood Notification Letter Dear Resident or Property Owner: I am (the owner) of the property shown on the attached map, located at (address). This property can be legally identified as (tax map and lot). (1 / we) (am /are) considering keeping bees on this property. This notice is to allow person(s) with a medically certified allergy the opportunity to submit a written request that hives not be located on this site. If you do have a medically certified allergy and would like to request the City deny the application for a bee keeping permit please submit medical documentation, and any additional written comments, to the City of Ashland Planning Department within 15 days of receiving this notification in order for the written request to be considered in approving or denying the application: email: planning@ashland or.us or mail: Bill Molnar City of Ashland Planning Department 20 East Main Street Ashland OR, 97520 Re: Bee Keeping Permit application Attached are the City of Ashland Municipal Code beekeeping standards, and a vicinity map showing the proposed bee hive locations. Please feel free to contact (me / us) at (phone number) or (e-mail address) if you have questions. Sincerely, (Name of property owner and, if applicable, name of renter) Note: Failure to mail written notice a resident within the required 200 foot notification area prior to the location of bee hives upon a property may be grounds for denial or revocation of the Beekeeping Permit. Upon request the City of Ashland Planning Division can provide the Beekeeping Permit applicant with a mailing list for all properties within the 200 foot notification area, and a vicinity map for use in the required Bee Keeping Neighborhood Notification mailing. Labels and Vicinity Map Fee: $25.00. Within 7 days of receipt of a Labels and Vicinity Map request form (separate document) the mailing labels and vicinity map can be picked up at the Community Development Department at 51 W inburn Way, Ashland, OR 97520, or can be mailed to the applicant for an additional $2.50 City of Ashland Department of Community Development Tel:541-488-5305 20 East Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 CITY OF ASHLAND Council Communication August 20, 2013, Business Meeting An Ordinance amending the City of Ashland Comprehensive Plan to include the Housing Needs Analysis as a Technical Supporting Document FROM: Linda Reid, Housing Program Specialist, Planning Department, reidl@ashland.or.us SUMMARY The Housing Needs Analysis (HNA) presented for Council consideration updates the 2002 HNA as a technical supporting document to the Ashland Comprehensive Plan. The updated HNA provides current information regarding community demographics, housing supply and demand, and projections of future housing needs. The RNA does not establish new policy but rather provides technical information and a framework for future discussions by elected and appointed officials in relation to the City's future housing needs. BACKGROUND AND POLICY IMPLICATIONS: The HNA update was completed using the Housing Needs Model, which specifically links income characteristics to the need for various housing types by price, density, and location throughout the community. The Housing Needs Model used to derive future projections was initially created by the State of Oregon as a tool for communities to ensure that projections of future housing needs were driven by the demographics of the study area as opposed to simply projecting past trends in housing production forward. The most recently available US Census and American Community Survey data regarding age demographics, household sizes, household wages and incomes, and local housing prices (rental and ownership) were the primary inputs used in determining housing "needs" in this model. The Housing Commission reviewed the draft HNA at its regular meeting on July 25, 2012. The Planning Commission reviewed the draft HNA at a study session on August 8, 2012, and at a public hearing on October 9, 2012. The City Council initially reviewed the HNA at their regular meetings on November 6, 2012, and December 4, 2012, but did not approve second reading of the document at that time, citing several concerns. At a Study Session held on February 41h, the Council requested revisions to the document in an effort to qualify assumptions, cite reference materials, and clarify the intent and purpose of the technical supporting document. Staff completed the requested revisions and although the majority of revisions would be considered minor editorial changes, by rescheduling both First and Second Reading the Council and public will have an opportunity to review the fully revised document. The recent changes to the HNA that maybe considered more substantive in nature are identified in a memo to City Administrator Dave Kanner dated July 26, 2013, which is provided as an attachment to this communication. Page 1 of 2 r, CITY OF ASHLAND FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council approve First Reading of an Ordinance amending the City of Ashland Comprehensive Plan to include the updated Housing Needs Analysis as a supporting technical document, and to schedule Second Reading for September 3, 2013. SUGGESTED MOTION: Move to a approve First Reading of an Ordinance amending the City of Ashland Comprehensive Plan to include the updated Housing Needs Analysis as a supporting technical document, and to schedule Second Reading for September 3, 2013. ATTACHMENTS: • Housing Needs Analysis Ordinance • 2012 Housing Needs Analysis Update can be found at: http://www.ashland.or.us/SIB/files/2012-2040°/`20HNA 20130820%282%29.pdf • Chapter VI [Housing Element] Appendix A, entitled "Technical Reports and Supporting Documents" • Summary of revisions Memo to City Administrator Kanner dated July 26, 2013 • Planning Action 2012-01266 Staff Report dated October 02, 2012 Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO ADOPT THE HOUSING NEEDS ANALYSIS AS A SUPPORTING DOCUMENT TO THE CITY OF ASHLAND COMPREHENSIVE PLAN Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined-throuo and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the Ashland Comprehensive Plan contains policies regarding the availability of adequate numbers of housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households WHEREAS, the Housing Needs Analysis (2012) reflects the projected housing need in comparison to the supply of developable land within the Ashland City Limits and Urban Growth Boundary based upon specific land classification and constraints to development according to the Buildable Lands Inventory adopted in 2011. WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Comprehensive Plan at a duly advertised public hearing on October 9, 2012 and, following deliberations, recommended approval of the Housing Needs Analysis upon amendment to include information about the student population and information on the 60-year annexation and zone change programs. WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on November 6, 2012. The City Council subsequently met on February 4, 2013 at a study session to discuss further amendments to the Housing Needs Analysis. A duly advertised public hearing was held on August 20, 2013, regarding the amendments. Page 1 of 3 WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Comprehensive Plan in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The City of Ashland Comprehensive Plan Appendix entitled "Technical Reports and Supporting Documents" is attached hereto and made a part hereof as Exhibit B. Previously added support documents are acknowledged on this Appendix. SECTION 3. The document entitled "The City of Ashland Housing Needs Analysis, (2012)," attached hereto as Exhibit A, and made a part hereof by this reference is hereby added to the above-referenced Appendix to support Chapter VI, [HOUSING ELEMENT] the Comprehensive Plan. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. 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 2013, and duly PASSED and ADOPTED this day of 2013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2013. Page 2 of 3 John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 3 of 3 Exhibit B Appendix A: Technical Reports and Supporting Documents City of Ashland, Oregon Comprehensive Plan Periodically, the City may choose to conduct studies and prepare technical reports to adopt by reference within the Comprehensive Plan to make available for review by the general public. These studies and reports shall not serve the purpose of creating new city policy, but rather the information, data and findings contained within the documents may constitute part of the basis on which new policies may be formulated or existing policy amended. In addition, adopted studies and reports provide a source of information that may be used to assist the community in the evaluation of local land use decisions. Chapter II, Introduction and Definitions The following reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan, Chapter II, Introduction and Definitions. 1. Croman Mill Site Redevelopment Plan (2008) by Ordinance 3030 on August 17, 2010 Chapter IV, Environmental Resources The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter IV, Environmental Resources. 1. City of Ashland Local Wetland Inventory and Assessment and Riparian Corridor Inventory (2005/2007) by Ordinance 2999 on December 15, 2009. Chapter VI, Housing Element The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter VI, Housing Element. 1. City of Ashland: Housing Needs Analysis (2012) by Ordinance on Chapter VII, Economy The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter VII, The Economy. 1. City of Ashland: Economic Opportunities Analysis (April 2007) by Ordinance 3030 on August 17, 2010 Chapter XII, Urbanization The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter XII, Urbanization. 1. City of Ashland: Buildable Lands Inventory (2011) by Ordinance 3055 on November 16, 2011. CITY OF ASHLAND Memo DATE: 8/14/2013 TO: Dave Kanner, City Administrator FROM: Linda Reid, Housing Program Specialist Brandon Goldman, Senior Planner RE: Housing Needs Analysis Summary of Changes Background The City Council held a Study Session on February 41h 2013 to discuss potential amendments to the Housing Needs Analysis (HNA) that was initially presented for approval on November 6`h and December 4th, 2012. Staff was directed to make revisions to the document in an effort to qualify assumptions, cite reference materials, and clarify the intent and purpose of the technical supporting document. The ordinance adopting the HNA has been tentatively scheduled for first reading by the City Council on August 20, 2013. Although the majority of revisions would be considered minor editorial changes, by rescheduling both First and Second Reading the Council and public will have an opportunity to review the fully revised document without concern over the whether the degree of change in a particular section warrants reading in full at the hearing. The recent changes to the HNA that would be considered more substantive in nature are identified below. Executive Summary (pgs. 2-9): This section of the HNA has been expanded to introduce some of the unique characteristics of Ashland including discussion regarding the impact of the student and retirement population on the City's existing and future demographics. Further the value of a tight urban form that serves to promote multi-modal transportation is cited as a mitigating factor when assessing housing affordability in consideration of transportation costs. New language has been added that clarifies that the HNA does not establish new policy but instead provides technical information and creates a framework for discussions on housing needs over time. c. , Findings (pgs. 3-6): Clarification on rental/owner households and the impact of the student population. Caveat about retirees who have a fixed (low income) but come with large assets and are therefore able to afford higher housing prices. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541.488-5305 20 E. Main street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us Potential Strategies (pgs. 6-8): Added citations, reworked/rearranged paragraphs and added definitions for housing and income types as recommended by the mayor and council. Added HUD income guideline chart to provide a frame of reference for income percentage references contained throughout the document. Implications of housing trends section deleted. In response to Council discussions a number of additional potential strategies have been incorporated into the document: • Work with affordable housing providers to apply for tax credits for low-income housing. • Explore options for use of public property in support of workforce housing. • Explore alternative public/private funding strategies such bond financing. • Prioritize the retention of vulnerable properties through renewal of HUD/USDA funding. • Explore vertical housing tax credits for mixed use developments that provide workforce housing. • Remain aware of federal and state legislation related to housing. Section l: Introduction (pgs. 6-8): Expanded definitions for housing terminology used throughout the document including workforce housing, affordable housing, low income housing, and subsidized housing. General edits and a recording of the section for clarity. Section 2: Framework for the Needs Analysis-Community Context (pgs. 15-20): Deleted references to families moving from Ashland due to living wagejobs and affordable housing in neighboring cities. Deleted all but one reference to the Economic Opportunity Analysis. Section 3: Housing Trends and Existing Conditions (pgs. 23-33): Made minor editorial changes and word substitutions to remove conclusionary statements. Staff also added a chart illustrating the differences in increases between housing costs, transportation costs, and wages with citations (pg. 27). Section 4: Ashland's Housing Inventory (pgs. 34-39) No changes Section 5: Housing Needs (pgs. 40-47): No changes Section 6: Baseline Forecast for Housing Demand (pgs. 48-58): No changes Section 7: Meeting Housing Needs (pgs. 59-63): Added language regarding the potential strategies as constituting a menu of items for further consideration. Clarified that the challenges and objectives identified are taken primarily from the existing Comprehensive Plan and that all HNA suggested strategies are in deference to the goals and priorities identified in the Comprehensive Plan. Appendix (pgs. 64-73): Added a chart of the units added to and expired/paid-out of the City's affordable housing program. Please review the draft HNA and suggest any final alterations prior to first reading scheduled to be held on August 20th. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 20 E. Main street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-7352900 w ashland.or.us ASHLAND PLANNING DEPARTMENT STAFF REPORT October 02, 2012 PLANNING ACTION: 2012-01266 APPLICANT: City of Ashland ORDINANCE REFERENCE: Ashland Comprehensive Plan: Chapter VI [Housing Element] Appendix A, entitled "Technical Reports and Supporting Documents" REQUEST: Recommendation to the City Council regarding adoption of an Ordinance amending the City of Ashland Comprehensive Plan to adopt the updated Housing Needs Analysis as a supporting technical document. 1. Relevant Facts A. Background In 2002, ECONorthwest prepared a Housing Needs Analysis (RNA) which detailed housing and demographic inconsistencies within the Current housing stock and projected future need based on the Oregon Housing and Community Services Housing Needs Model. In 2007 a Rental Needs Analysis was completed to assess the needed rental housing types based on demographic information about Ashland households including size, age, and incomes. This Rental Needs Analysis supplemented information in a HNA. All of these studies attempt to project future housing needs relative to the existing supply of land suitable for development. The 2012 HNA, aims to quantify projected housing needs through the year 2040, and compares those demographic needs with the currently available lands within the City's Urban Growth Boundary. This comparison provides the factual basis to answer the questions of "how much residential single family and multi family land is presently available?", "how many residential dwelling units can be accommodated on Ashland's remaining developable lands? " and, "is there enough appropriately zoned land to accommodate Ashland's future population?" The HNA update was completed using the Housing Needs Model, which specifically links income characteristics to the need for various housing types by price, density, and location throughout the community. The Housing Needs Model used to derive future projections was initially created by the State of Oregon as a tool for communities throughout the state to ensure that projections of future housing needs were driven by the demographics of the study area as opposed to simply projecting past trends in housing production forward. The standard practice in Oregon had historically been to extrapolate forward the past 5 or more years in housing production as the basis for determining a region's future housing requirements. While this market or demand driven approach was commonly used to define the housing "needs" for an area, the true housing "needs" of Planning Action PA 2012-01266 (HNA) Ashland Planning Department - HNA Staff Report 20121002 Applicant: City of Ashland Page Iof4 that area's population may not have been addressed. Using the most recent US Census and American Community Survey data regarding age demographics, household sizes, household wages and incomes, and local housing prices (rental and ownership) are some of the inputs used in determining housing "needs" in this model. Local housing markets are frequently not a "perfect" market where the "demand" or supply is in equilibrium and balance with the "need". In many regions, the new housing supply is a function of what the local builders are inclined or able to produce, which may not be what the households in the region actually need or desire and can afford without being cost burdened. The HNA uses the housing model as a starting point for projecting Ashland's housing needs to 2040. The HNA incorporates data from the 2011 Buildable Lands Inventory (BLI) and evaluates Ashland's housing need by type and price in consideration of available land designated by Zone within the City's UGB. This HNA has also utilized data from: • The Housing Needs Model • U.S. Census Data • Analysis of current market conditions • Community and property owner/manager questionnaire • Population Data from Portland State University's Population Research Center • Coordinated Population Projections from Jackson County • Employment data from the Oregon Employment Department • Housing and Development data from the City of Ashland and Jackson County • City of Ashland 2002 HNA & 2007 Rental Needs Analysis Staff analyzed data from the aforementioned sources, used projections from the Housing Needs Model, compared them to historic development trends and suggested modifications based on the development mix needed to meet the future housing needs. Additionally, staff related the needed housing type and affordability projections to the potential number of dwelling units that could be accommodated on available lands within the existing UGB by zoning and Comprehensive Plan designation. The Planning Commission reviewed the initial draft HNA at a study session on July 25th, 2012. The Housing Commission's reviews took place on August 8`h and September 26`h, 2012. During these meetings revisions to the initial draft were discussed which have now been incorporated into the final draft HNA. The revisions to the document's "suggested recommendations" are as follows: among those incorporated into the final document were: Examine opportunities for reductions in parking requirements for the provision of apartments meeting certain conditions. Studies have shown that the number of vehicles per household is lower in areas that are more conducive to walking and have greater access to transit (City of San Diego Feb. 2011) A unit's size and level of affordability are additional conditions that could be further evaluated in consideration of needed parking and reducing parking requirements. Evaluate land use incentives to provide for small lots intended for small unit development. The data show a strong correlation between lot size, unit size and Planning Action PA 2012-01266 (HNA) Ashland Planning Department - HNA Staff Report 20121002 Applicant: City of Ashland Page 2 of 4 housing cost. The City could consider reductions in minimum lot sizes in certain residential zones to specifically promote the development of smaller dwelling units. Consider restricting uses in certain zones to apartments. The building permit data suggest that a significant amount of land designated for high-density multi- family housing has been developed as single-family attached types that are owner occupied units. Designation certain lands for multi-family rental units would encourage development of apartments. Consider allowing Accessory Residential Units as a permitted use in single family zones. The integration of ARUs into existing neighborhoods provides for small dedicated rental units serving single or two person households, and could also be a resource for more affordable housing types. The City should evaluate existing density bonus allocations to better incentivize the voluntary inclusion of affordable single family housing in future developments The ordinance presented for consideration provides for adoption of the 2012 14NA as a technical document in support of the Housing Element [Chapter VI] of the Ashland Comprehensive Plan. In order to allow the HNA to be more regularly updated the ordinance presented for consideration includes a provision allowing future updates of the HNA to be approved by Resolution of the City Council. This provision will enable staff to more readily update the HNA and present the revised technical document to the City Council to account for changes in population projections, demographics, and residential development potential. II, Procedural The procedure for a legislative amendment is described in 18.108.170 as follows: A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief description of the Planning Action PA 2012-01266 (HNA) Ashland Planning Department - HNA Staff Report 20121002 Applicant: City of Ashland Page 3 of 4 proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. Ill. Conclusions and Recommendations The HNA currently presented reflects recent household demographics, housing development and economic trends and provides an adequate factual basis to evaluate housing need and land availability within Ashland's Urban Growth Boundary. Staff recommends the Planning Commission forward a recommendation of approval to the City Council for the Ordinance adopting the RNA as a supporting technical document to Chapter VI of the Ashland Comprehensive Plan. Potential Motion Move to recommend approval to the City Council of adoption of an Ordinance amending the City of Ashland Comprehensive Plan to adopt the Housing Needs Analysis (2012) as a supporting technical document to be included in the Comprehensive Plan Appendix entitled "Technical Reports and Supporting Documents". Attached: • 2012 Housing Needs Analysis Update • Ordinance amending the Comprehensive Plan to include the HNA as a technical supporting document • Appendix A of the Ashland Comprehensive Plan: Technical Reports and Supporting Documents • Planning Application • Housing Commission Minutes 7/25/2012 • Housing Commission Minutes 9/26/2012 Planning Action PA 2012-01266 (HNA) Ashland Planning Department - HNA Staff Report 20121002 Applicant: City of Ashland Page 4 of 4