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Home My WebLink About2010-0316 Council Mtg PACKET CITY OF ASHLAND , , '__'. ':'" ,_,,'. (-~';'''_--;:-' ;,,'.c';:_ . i-;' _:. : _ _.,'<; _ _ _ _' , hi'lpor1~I1t: _ A~ycitizen maY;Onllly'address the_~~unciI6n non~;1geri?~'Jt~mS d~ri~g,tl1e Puhlic:Forum;' i\r1y:citiz_en'~~y~_ubmit.written comments . 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ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Study Session of March 1, 2010 2. Executive Session of March 2, 2010 3. Regular Meeting of March 2, 2010 VI. SPECIAL PRESENTATIONS & AWARDS 1. Introduction of Rob Lloyd as the new IT Director [5 Minutes] VII. CONSENT AGENDA [5 minutes) 1. Does Council wish to approve the minutes of the Boards, Commissions, and Committees? 2. Does Council wish to confirm the Mayor's appointment of Carol Davis to the Public Arts Commission with a term to expire April 30, 2011? 3, Does Council wish to approve a Liquor License Application from Patricia Volk dba Chateaulin at 50 E Main Street? 4. Will Council approve the attached resolution establishing traffic control and regulation for Will Dodge Way from Pioneer to First Street and repealing Resolution No. 90-51? 5. Does Council have questions about the Mayor's committee member selection for the Ashland Water Advisory Committee (AWAC) for the Water Master Plan update? 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 S2.04.050}) 1. Will Council increase Water Utility Rates 8% and add a potable water irrigation surcharge during summer months and increase Wastewater Rates 9% with a COUNCJL MEETINGS ARE BROADCAST LlVE ON CHANNEL l) VISIT THE CITY OF ..\SHL;\ND'S WEB SIT!, ;\T WWW.ASHLAND.oIUJS combined, average monthly impact (excluding irrigation) on a single family residence of $4.92 per month? [30 Minutes] 2. Will Council grant the Oregon Department of Transportation (ODOT) a variance to the City noise ordinance that will allow work on Interstate 5 on and near Exit 14? [15 Minutes] 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. Will Council review plans for the Exit 14 interchange reconstruction and provide direction to City and ODOT staff for recommended changes? [30 Minutes] 2. Does Council want to intervene on the side of the Forest Service in the lawsuit challenging the record of decision for the Ashland Forest Resiliency Project? [10 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should Council approve Second Reading of an ordinance that amends the Living Wage ordinance clarifying that the City does not require retroactive payments? [10 Minutes] 2. Should Council approve First Reading of an ordinance amending Chapter 9 concerning weed abatement and move the ordinance on to Second Reading? [10 Minutes] 3. Should Council approve First Reading of an ordinance adding a uniform violation abatement procedure to the Ashland Municipal Code and move the ordinance on to Second Reading? [15 Minutes] 4. Should Council approve First Reading of an ordinance amending Chapter 13 to add provisions concerning Advanced Financing of Public Improvements and move the ordinance on to Second Reading? [10 Minutes] 5. Should Council approve the First Reading of an ordinance amending AMC Chapter 11.24.020 relating to the storage of personal and recreational vehicles and move the ordinance on to Second Reading? [10 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS 1. Discussion of implementation of compensation and classification study. 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 I). COliNCIL MEETINGS ARE BROi\DCAST LIVE ON CHANNEL l) VISIT THE CITY OF ASHL\ND'S WEn SITE AT WWW.ASHLAND.OR.US CITYCOUNC~STUDYSES~ON March I. 2010 Page lof2 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, March 1, 2010 Siskiyon Room, 51 Winbnrn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Jackson, Silbiger, Navickas, Voisin, and Chapman were present. Councilor Lemhouse was absent. 1. Look Ahead Review City Administrator Martha Bennett reviewed the items on the Council Look Ahead. 2. What direction does Council have for staff regarding implementation of the Classification and Compensation recommendations made by CPS Hnman Resource Services? Human Resource Director Tina Gray introduced Debbie Owen, the Manager of Retention and Deployment Services from CPS Human Resource Services and explained the Classification and Compensation study was in response to the Council goal of creating an Employee Continuity Strategy, The goal consisted of Succession Planning, Identifying Future Leaders and the Classification and Compensation Study. The Classification and Compensation Study included a job classification study, analysis of job descriptions and a market salary survey, Ms. Owen explained that steps within a salary range are a compensation structure created and based on the maximum salary limit by taking the high point and building down in increments to determine full salary range. The Classification portion of the study identified work performed in each position that went into the job classification used for the market study. The classification component reviewed 25 positions in great depth and the remaining job descriptions to ensure they reflected the work performed and were compliant with the American Disabilities Act. The second piece reviewed the position's classification structure and concepts and placed them into the appropriate levels. Currently the City has 72 classifications with varying levels in each classification. The final step determined market salaries based on City demographics, location and services provided. CPS surveyed agencies that met the criteria, audited and analyzed the data and made salary recommendations. Ms. Owen clarified the classification piece identified the bodies of work that exist within the City and placed them into a job classification. The market component identified specific jobs in the City of Ashland and surveyed other agencies on how they pay that job classification. The three groups included in the study were the IBEW ClericallTechnical, the non-represented Management and Confidential employees and Laborers. Results showed positions above and below market. Positions currently over market will be red lined with a salary freeze until the market catches up. Positions under market will be brought up to the appropriate salary using steps and new salary ranges. Staff explained the implementation could occur in phases, take several years or require furlough days in order for the City to afford it. Currently there were positions 18-19% out of market and the City was vulnerable. If the salary adjustment were implemented, the City would forgo Cost of Living Adjustments (COLA) because it could not afford both. Council expressed concern regarding the economic times, public perception and requested a graph on the number of positions and the percentage of salaries above and below market. Staff noted most positions CITY COUNCIL STUDY SESSION March 1,2010 Page 2 of2 were 5% up or down with a few positions higher. Council will review implementation options at a future City Council meeting. Mayor Stromberg expressed concern regarding Booting vehicles with outstanding parking fines and that the Task Force had voted against it twice. He felt Booting was heavy handed and the Council needed to be sensitive to what this communicated to the community and visitors, He asked the Council to put an item on a future agenda to delay the implementation of Booting and research other options, Staff explained there was currently $70,000 in unpaid parking fines from repeat offenders. Booting would occur when there were five tickets or more than $250 in fines on any number of cars registered to the same person. The process entailed an initial warning letter describing the policy and the need for the recipient to contact the City to establish a payment plan. If the individual fails to respond, a certified letter is mailed stating their car will be booted and towed after 10 business days unless they arrange payment. Once the vehicle is booted, the individual must pay in full or the City retains their car. Mayor Stromberg suggested offering a one-time amnesty for the repeat offenders then initiate the Booting process after they incurred a third ticket. Staff responded the Council could repeal the law, but felt they had researched options thoroughly and the City was remiss in allowing violators to accumulate so many tickets before exercising this option. The Council was divided on support for Booting and readdressing the policy. Comments included Booting was a tool for extreme cases, would be a public relations nightmare and this was not the economic time to implement it. Other comments did not support revisiting the issue, stressed the need not to ignore enforcement responsibilities and general procedural concern discussing items not on the agenda. Council and the Mayor were split on adding the discussion to a future City Council agenda. Meeting adjourned at 7:00 p.m, Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING March 2, 2010 Page I of7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 2,2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:04 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Jackson, Silbiger and Chapman were present. Councilor Lemhouse was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg read an article in the Oregonian about the Battalion of the 41 $I Brigade Combat Team of the Oregon National Guard (11186) regarding job opportunity issues some of the 11186 will face when they return to Oregon. Mayor Stromberg announced vacancies for the annual appointments for Commission and Committee members, The deadline for applications is March 19,2010. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Continued Regular Council of February 8, 20 I 0, Executive Session of February 16, 20 I 0 and the Regular Council of February 16, 20 I 0 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's Proclamations of Ashland High School Day and International Women's Day were read aloud. CONSENT AGENDA 1. Does Council wish to approve the minutes of the Boards, Commissions, and Committees? 2. Will Council, acting as the Local Contract Review Board, approve a contract-specific special procurement requesting approval to directly award a contract to Hunter Communications for Internet Bandwidth for a period of six months? 3. Will Council approve an engineering services contract amendment to the current contract with Kennedy Jenks Consultants for $49,384 to complete phase II of the Stormwater Master Plan Update? Councilor JacksonlNavickas mls to approve Consent Agenda. Voice Vote: all A YES. Motion passed. PUBLIC HEARINGS I. Should the Council continue until April 6, 20 I 0 the public hearing and first reading of ordinances amending the Comprehensive Plan and Zoning Maps to include the Croman Mill District? Councilor Silbiger declared a conflict of interest and requested Council to excuse him from the discussion. Councilor JacksonlChapman mls to recuse Councilor Silbiger from the discussion. Voice Vote: all AYES. Motion passed. Councilor Silbiger left the room at 7: 14 p.m. Public Hearing Opened: 7:15pm Public Hearing Closed: 7:15pm Councilor NavickasNoisin mls to continue the Public Hearing and First Reading on the proposed Croman Mill District map and ordinance amendments to April 6, 2010. Roll Call Vote: Councilor Voisin, Navickas, Jackson and Chapman, YES. Motion passed ASHLAND CITY COUNCIL MEETING March 2, 2010 Page 2 of7 Councilor Silbiger returned to the meeting at 7:16 p.m. UNFINISHED BUSINESS 1. Should the Council approve Second Reading of an Ordinance amending Chapter 18.112 and Chapter 18.108 of the Ashland Land Use Ordinance to provide for timetable tolling dnring ending appeals and court proceedings? City Attorney Richard Appicello read the ordinance title aloud. Councilor ChapmanlJackson mls to approve Ordinance #3005. Roll Call Vote: Councilor Jackson, Voisin, Silbiger, Chapman and Navickas. Motion passed. 2. Should the Council approve Second Reading of an Ordinance amending Chapter 18.112 and Chapter 18.108 ofthe Ashland Land Use Ordinance to provide for a timetable extension for land use development and building activity delayed due to the economic recession? Councilor Silbiger declared a potential conflict of interest noting a family member was interested in property possibly affected by the ordinance but would not let that bias him. Councilor Navickas voiced concern that substantial changes were occurring during Second Readings and there should be an additional reading to allow time for public review. He did not think it was appropriate under the Charter. City Attorney Richard Appicello explained the only requirement in the Charter was changes be fully.read during the Second Reading. City Attorney Richard Appicello read the ordinance title aloud. Council discussed having an 18-month or 12-month extension. Currently banks were not giving commercial loans and a 12-month extension would allow additional time for the economic situation to settle down, Councilor SilbigerlChapman mls to limit the recession extension to twelve (12) months. Roll Call Vote: Councilor Chapman, Jackson, Silbiger and Voisin, YES; Councilor Navickas, NO. Motion passed 4-1. Council further discussed requiring proof from the bank on not providing financing to applicants, adding criteria that no significant site conditions had changed during the extension, adding language to the ordinance from Alternative B and establishing July I, 2009 through January I, 2010 as eligibility dates for the extension. Councilor NavickasNoisin mls to reschedule Second Reading to the next meeting with changes discussed. DISCUSSION: Councilor Navickas reiterated the changes were substantial and staff needed the opportunity to review the ordinance. Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Jackson, Chapman and Silbiger, NO. Motion failed 3-2. Councilor JacksonlSilbiger mls substitute paragraph B. under 18.112.035 Timetable Extension for paragraph B. under the New Alternative: "Notwithstanding any other provision of this Chapter, any zoning permit or planning action approval having received approval prior to July 1, 2009, and current as of January 1,2010, shall be granted an additional twelve (12) month extension of time, upon application to the Staff Advisor. This extension is in addition to any other time extension previously granted or that may be granted. The Staff Advisor shall make the timetable adjustment regardless of the original approval authority." Roll Call Vote: Councilor Silbiger, Jackson, Voisin and Chapman YES; Councilor Navickas, NO. Motion passed 4-1. Councilor JacksonlSilbiger mls change the last WHEREAS at the end of page I ofthe ordinance from an 18- month timetable extension to a 12-month timetable extension. ASHLAND CITY COUNCIL MEETING March 2. 2010 Page 3 of7 Roll Call Vote: Councilor Chapman, Jackson, Silbiger, Navickas and Voisin, YES. Motion passed. Mr, Appicello read aloud the changes to the ordinance that included 18.112.035 Timetable Extension for paragraph B: "Notwithstanding any other provision of this Chapter, any zoning permit or planning action approval having received approval prior to July 1, 2009, and current as of January 1, 2010, shall be granted an additional twelve (12) month extension of time, upon application to the Staff Advisor. This extension is in addition to any other time extension previously granted or that may be granted. The Staff Advisor shall make the timetable adjustment regardless ofthe original approval authority." Changing the sixth WHEREAS clause on page I to read: WHEREAS, the City of Ashland, acting by and through the City Council, desires to provide for a uniform twelve (12) month timetable extension for all development approvals due to the recent economic downturn..." Councilor JacksonlSilbiger mls to approve Ordinance #3007 and adopt as amended. DISCUSSION: Councilor Chapman would not support the motion and was not comfortable writing law that would benefit a small group of people. He would support a re-application process that compensated the City for work done, Councilor Voisin did not think the extension was fair and Council should delay Second Reading until April 6, 2010 for further discussion. Councilor Jackson spoke in favor of the motion noting it was one paragraph to support the private sector in the community caught in extraordinary circumstances. Councilor Silbiger was disappointed to hear Council did not understand the economic difficulties occurring that would continue for some time, Councilor Navickas agreed this was an extraordinary circumstance but the extension allowed developers with speculative projects to hold onto projects where the market demand no longer existed. Mayor Stromberg cautioned against using the word speculative, if the project went through all the legal requirements, the City agreed it was legitimate and not speculators making bad deals, What happened with the credit markets was unprecedented, Councilor Jackson added the projects came from citizens in the community that live and work here, not outside corporations. This was about community and jobs in Ashland. Roll Call Vote: Councilor Jackson, Silbiger and Voisin, YES; Councilor Chapman and Navickas, NO Motion passed 3-2. 3. Should Council authorize staff to advertise a Request for Proposal (RFP) for a short-term (2-3 year) lease of approximately 265 acres of the Imperatrice property located below the irrigation canal? City Administrator Martha Bennett provided an overview of past discussions regarding the property that included initiating the Request for Proposal (RFP) process, placing a permanent conservation easement on the property and waiting for results from the completed Master Plan. Staff was currently proposing a two-year RFP for the land below the irrigation ditch and reserving long-term decisions until the Wastewater Master Plan was finished. Councilor Voisin thought the RFPs should focus on food production crops. ' Staff clarified that under the new RFP, cattle grazing would not be allowed above the irrigation ditch, Ron Roth/6950 Old 99 SouthlNoted an area on the Imperatrice property map that could be developed into a series of 3-4 ponds stocked with fish and turned into waterfowl habitat. He had no issues with continuing cattle grazing but restricting grazing below the canal would require fencing and wanted to know who would fund that project. Jeff Sharp/411 Mountain AvenuelExplained he was from Sharp Energy Solutions and the Irnperatrice property was ideal for a biomass facility, solar farm or an adjunct to the wastewater treatment plant and could be funded by Federal dollars. He urged the Council not to restrict the RFP to agriculture and wait on potential government funding to investigate other possibilities, Councilor ChapmanlJackson mls to authorize staff to advertise a Request for Proposal (RFP) for a short-term (2-3 years) lease of approximately 265 acres of the Imperatrice property located below the irrigation canal. DISCUSSION: Councilor Chapman supported the motion but had concerns keeping cattle below the canal and retaining trail easements. Public Director Mike Faught responded the RFP would include provisions on keeping cattle ASHLAND CITY COUNCIL MEETING March 2, 2010 Page 4 of7 below the canal and the trails identified in the RFP would remain. Councilor Voisin explained why she wanted the RFP restricted to table food crops production. Staff added the land was Exclusive Farm Use (EFU) and the RFP had language stating applicants would comply with Jackson County Land Use Requirements. Councilor Chapman withdrew the motion with Councilor Jackson's consent for further public testimony. Alex Amaroticoll 01 Oak StreetlNoted the Soil Report for the property indicated there was not enough of a soil base for farming in that area and it would take years to amend the soil to farming levels. Councilor Chapman/Jackson m/s to authorize staff to advertise a Request for Proposals (RFP) for a short- term (2-3 years) lease of approximately 265 acres of the Imperatrice property located below the irrigation canal. Councilor Voisin motioned to amend the motion to restrict the RFP to agricultural uses primarily farming of food that is edible. Motion died due to lack of a second. CONTINUED DISCUSSION ON MAIN MOTION: Councilor Jackson supported food crops but did not want to limit the RFP to specific crops since these were short-term leases and thought energy production was compatible with agriculture. Councilor Navickas noted it the time it takes to set up a farm and establish soils and a two-year lease was not adequate for the process required. The property has steep slopes better suited to grape production and not much else without long-term soil amendment. Roll Call Vote: Councilor Navickas, Voisin, Silbiger, Chapmau aud Jackson. YES. Motioned passed NEW AND MISCELLANEOUS BUSINESS 1. Shall the Mayor and Couucil approve appointment for the vacant position on the Citizen Budget Committee with term ending December 31,2011? Councilor ChapmanN oisin m/s to appoint Roberta Stebbins to fill the vacant position ou the Citizeus Budget Committee with a term euding 1213112011. DISCUSSION: Councilor Chapman explained he had worked with Ms. Stebbins the previous year and greatly respected her ability to understand and perform the charge of the Budget Committee, The other applicants were qualified but he thought under the present conditions Ms. Stebbins was the right choice. Councilor Jackson objected to nominating an individual not on the. list and commented that Open Meetings Law directs Council to solicit names to consider for Budget Committee appointments. Councilor Navickas agreed with Councilor Jackson, there were three qualified applicants and he did not know what Ms. Stebbins thought regarding reappointment. Councilor Silbiger expressed his disappointment when Council did not reappoint Ms. Stebbins the previous year. Councilor Chapman clarified he had discussed the process with the City Recorder and she had provided several options for nominating an individual during a meeting and that he had contacted each Councilor with his intention. Councilor Jackson responded calling Council individually was not considered open public process, Roll Call Vote: Councilor Chapman, Voisin, Silbiger and Mayor Stromberg, YES; Councilor Jackson and Navickas, NO. Motion passed 4-2. 2. Will Council approve scheduling a public hearing on raising Water and Wastewater utility rates to fund operational and capital expenditures? Administrative Director Lee Tuneberg explained why staff was recommending an 8% increase in water rates and a 9% increase in wastewater and the researched involved in the decision. Low water supply, increased treatment costs and the drop in consumption due to the water curtailment contributed to the rate increases. Funds from the Food and Beverage Tax helped with debt service and offset increased rate amounts but were not enough to cover the costs of treating effluent that were higher than previous years. The dollar impact per month on the average family would increase $2.68 for water and $2.11 for wastewater. There was a possibility of refinancing a Department of Environmental Quality (DEQ) loan to reduce debt service $150,000 per year that would bring the City more in line with the revenues received from the Food and Beverage Tax. ASHLAND CITY COUNCIL MEETING March 2, 2010 Page 5 all Staff was also reCOminending a surcharge for irrigation use during the summer months. The proposed surcharge would affect water use over 3600 cubic feet and could extend the water supply through September or October and possibly eliminate denying usage. This proposal was not included in the rate increase. Staff would also bring low- income subsidy options to the Public Hearing. Councilor Navickas suggested offsetting the Street Reserve Franchise Fees for the long-term through an impervious surface surcharge that would identify who was putting the higher impact on the stonn water system and associating that with the area of impervious surface. Staff will look at a surface surcharge towards the end of the Stonn Water Master Plan. Staff summarized the rate increases were attributed to the amount of revenue generated from the existing rates, not receiving budgeted revenue, water curtailment and operational costs for maintaining the system and treating effluent. In addition, operational costs for the current fiscal year had actually been reduced a one-time amount of$700,000. A correction to page 2 of 5 #4 was made changing 40% to 20%. Councilor JacksonlChapman mls to set Public Hearing to discuss Water and Wastewater rate adjustments on March 16,2010. Roll Call Vote: Councilor Chapman, Silbiger, Jackson, Voisin and Navickas, YES. Motion passed 3. Does Council have questions regarding the Oregon Department of Transportation's 1-5 Corridor Plan? Mike Baker from the Oregon Department of Transportation (ODOT) provided a presentation that included: . Summary of Work Tasks . Plan Goals . Existing Transportation Volumes . Existing Traffic Operations - Level of Service . Volume to Capacity VIC ratio are within operational standard (0.80) - Peak vIa ratio is between Int. 30 and Int. 27 . Existing Crash Reports . 2034 Northbound Trip Distribution . 2050 Northbound Trip Distribution . 2034 RPT Traffic Volumes . 2050 RPS Traffic Volumes . 2034 1-5 Mainline Operations . 2050 Transportation Volumes . Corridor Deficiencies I thru 3 . Potential Projects and Strategies . System Management Measures . Safety Enhancement Measures . Capacity Enhancement Measures . Least Cost Planning Solutions . Potential Projects and Strategies: Transportation Demand Management Mr. Baker explained 1-5 Corridor Plan would not affect municipalities' Transportation System Plans with the exception of transit on Highway 99. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should the Council approve Second Reading of an ordinance banning use of fireworks iu the City of Ashlaud? Sally McKirgan/351 Bridge Street/Congratulated the Council on the full ban of fireworks, it was an equitable decision. Putting half of Ashland at risk for the sake of tradition or fun was not an option. ASHLAND CITY COUNCIL MEETING March 2, 2010 Page 60f7 Carl McKirgan/351 Bridge Street/Shared details regarding the 1991 Oakland Hills fire that included how quickly the fire spread, structure damage, the number of people affected and the number who died. City Attorney Richard Appicello read the ordinance title aloud and the following change to the third WHEREAS: ".. .fuel loading, terrain slope and aspect, and narrow steep streets make fires both more likely and more difficult to fight in Ashland; and..." Changes to the fourth WHEREAS included "...the City can best protect against fires caused by fireworks by prohibiting fireworks in the City limits..." Councilor ChapmanN oisin mls to approve Ordinance #3006 with changes as read. DISCUSSION: Councilor Chapman eXplained statistics provided by Fire Chief Karns showed 64 fires attributed to fireworks occurred in Ashland from 200 I to 2009 influenced his decision to support a full ban, Councilor Navickas motioned to add the following language to the last sentence under 15.28.070 C: ".. .except in specifically designated areas..." Motion died due to lack of a second. CONTINUED DISCUSSION ON MAIN MOTION: Councilor Jackson was more inclined to a ban above Siskiyou Boulevard. Councilor Silbiger thought there was a compromise last time with the permits that Council rejected. Roll Call Vote: Councilor Chapman, Voisin, Silbiger and Jackson, YES, Councilor Navickas, NO. Motion passed 4-1. 2. Should the Council approve First Reading of an ordinance that amends the Living Wage ordinance by defining "twelve month period" and clarifying that retroactive payments are not always required? Parks & Recreation Director Don Robertson explained changing the twelve-month period to any calendar year with a three-month break of service would be easier to track and explain the Living Wage to respective employees and contractors, The three-month gap ensured staff was not taking advantage oflabor. The other change would remove paying an employee retroactive Living Wage pay at hour 1,041 that would cost the City approximately $3,000 and instead start Living Wage pay at the 1,041 hour worked. Currently, the Parks and Recreation Department layoff employees when they approach 1,040 hours and hire another to complete the task. . Rich Rohdel124 OhiolExplained he was the' staff organizer for Oregon Action and their involvement in passing the ordinance nine years ago. Changing the twelve-month period to a calendar year was an attempt to avoid paying decent wages. People who work 1,040 hours for the City ought to have a Living Wage, it could start at hour 1,041 but from that point on they should be considered Living Wage workers in Ashland. He thought going to a calendar year made it more flexible for administrators to keep people below a Living Wage. The intention of this ordinance should be to pay people a Living Wage, not to save money. There was no justification in rehiring someone who had previously done the work and not paying them a Living Wage, Tracking employees' hours was not administratively difficult to measure. Councilor Navickas thought everyone should receive a Living Wage and suggested removing the exemption for temporary employees. The Parks and Recreation Department could cut programs to make up for budget shortfalls instead of paying people inappropriately. Mr. Robertson explained the majority of these employees were teenagers and expressed concern paying the Living Wage to temporary and part time employees would greatly reduce the amount of programs and activities or increase the cost of using the pool and the ice rink. Councilor Navickas reiterated instead of increasing fees, the Parks and Recreation Department could cut a program, continuing to put the burden on the fee payer and the worker was not the right solution. City Attomey Richard Appicello read the ordinance title aloud. Councilor VoisinlNavickas mls to deny First Reading and maintain current code language and interpretation. DISCUSSION: Councilor Voisin thought the proposed changes did not treat the worker fairly. Councilor Silbiger did not support the motion and was not convinced changing the twelve-month period to a calendar year was in the best interest of the City. He saw benefit in changing the retroactive pay from the first hour to starting the Living ASHLAND CITY COUNCIL MEETING March 2, 2010 Page 70f7 Wage at hour 1,041. The current language created a disincentive to retain temporary employees. Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Chapman, Silbiger and Jackson, NO. Motion failed 3-2. Councilor SilbigerlJackson m1s to approve First Reading and set Second Reading for March 16, 2010 of a modification of AMC 3.12.040 B to clarify that an employee hired as seasonal or part time has a remedy only back to 1041 hours in a calendar year. DISCUSSION: Councilor Silbiger clarified temporary and part time employees would have to reach 1,040 hours within the calendar year to receive Living Wage pay. Roll Call Vote: Councilor Chapman, Silbiger and Jackson, YES; Councilor Voisin and Navickas, NO; Motion passed 3-2. 3. Should the Council approve First Reading of an ordinance ameuding Chapter 9 concerning weed abatement and move the ordinance on to Second Reading? Councilor Jackson/Chapman m1s to continue weed abatement to the March 16,2010 meeting. Voice Vote: all A YES. Motion passed. 4. . Does Council wish to adopt various ordinances classifying Municipal Code Offenses and creating a base fine system? a. Should the Council approve First Reading of an Ordinance amending Chapter 1.08 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? b. Should the Council approve First Reading of an Ordinance amending Chapter 9 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? c. Should the Council approve First Reading of an Ordinance amending Chapter 10 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? d. Shonld the Conncil approve First Reading of an Ordinance amending Chapter 11 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Councilor JacksonlChapman m1s to continue first reading of ordinances related to classification of Offenses to the second meeting in April. V oice Vote: all A YES. Motion passed. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Dana Smith, Assistant to City Recorder John Stromberg, Mayor ASHLAND AIRPORT COMMISSION February 2,2010 MINUTES MEMBERS PRESENT: ALAN DEBOER, RUSS SILBIGER, BILL SKILLMAN, DAVID WOLSKE, LARRY GRAVES, BOB SKINNER, TREG SCOTT, LINCOLN ZEVE STAFF: SCOTT FEURY MEMBERS ABSENT: RICHARD HENDRICKSON, ALAN BENDER Visitors: Kirby Mills, Glen Ward 1. CALL TO ORDER: 9:37 AM 2. APPROVAL OF MINUTES: January 5, motion by Graves for approval. second by DeBoer, unanimous vote, minutes approved. 3. Additional Items: Airport Security (old business) 4. Public Forum: No Public Comments 5. OLD BUSINESS: A. AlP Project Engineering Design: Fleury informs Commission that there are no major updates for the AlP engineering design. The City of Ashland is expecting to receive design plans for review in another month. Reid Middleton is working on a final schedule and will submit to Fleury this week. Fleury will also complete the three grants for the Connect III rural Airport five million dollar allotment and they are due by May 1,2001. B, Airport Website Development: Fleury and Graves plan to do a site walkthrough at the next Commission meeting to give members a good overview of site content and let them comment on any additions or removal of data. The website still needs pictures of the Airport and surrounding area both on the ground and aerials. Commission members to get photos to Fleury as they can. e. CAP Hangar: Commission discuses the Medford CAP lease. A copy of the lease was sent over to Fleury from Bern Case and then passed on to the Commission, The lease has a structure to it that provides for a base rate and then rate reductions for in-kind service matches, The Commission would like to send a letter to the CAP to state the intentions to ~egotiate a new lease at the end of there current term. The lease will be similar in structure to that of Medford, The Commission would also like the boat removed from the hangar as it is against there current lease and also the mission of . the CAP to have a boat stored there. Skillman to discuss moving boat with Chris Adams before next meeting. The Commission would also like verification that the plane stored within the hangar is a CAP asset and can be used by any and all CAP personnel. Wolske states that the Commission does not want to be adversarial towards the CAP, but the hangar should have a fair market value assigned to it. The Commission believes the CAP provides an invaluable service and would like to see them stay at the Airport. Zeve motions that for the City to draft a letter to the CAP stating there intent to negotiate a new lease similar to Medford's CAP lease. The hangar would have an established lease rate per existing Council approved rate C:IDOCUME-1\ShipletdILOCALS-1 IT emp\xPGrpWiselFebruary 2 201 O.doc 1 sheet and an in-kind contribution to be defined could be used to lower the lease rate. The in-kind contribution will need to be monitored on an agreed upon time frame with the City and CAP. Motion is 2nd by Graves all approved. Fleury to draft letter and send to Commission members for review, Once reviewed and final edits have taken place, Fleury to send letter to CAP locally and in Eugene. D. Housekeeping: Commission to review housekeeping occasionally if items creep up. They would like to keep the airport free of safety hazards and operating smoothly. Skinner to use due diligence when housekeeping issues arise, E. Security: Skinner states that someone has removed fuel from his fuel truck on two occasions in the past month. He has filed a police report and then stated the police will ramp up enforcement around the Airport. Skinner states that it is a federal offense to tamper with fuel on an airport and his fuel truck has stickers that state that, Commission thinks this is another reason for installation of a security camera system at the Airport. Random incidences have increased over the past few months, more than Skinner has seen in his twenty years at the airport, Fleury states that he has put a security camera system in the AlP budget along with perimeter fencing, Fleury thinks they can use entitlement money after the completion of the runway project to install fencing and a security camera system, Fleury to check with the ODA about any grants for security systems at public general aviation airports in Oregon. 6. NEW BUSINESS: A. Burl Brim Training Tower: Fleury informs Commission the lease was approved by the City Council at the January 19th meeting. Brim was to obtain a building permit through the Planning Department before the lease would be made official and signed by the Mayor. Brim had an engineer working toward all the requirements of a building permit. Discussion turns to the flowage fee that Burl was asked to develop a method of tracking and pay on a monthly basis to Skinner. Meeting minutes from March and August 2006 were discussed and the motion that was made by DeBoer in the meeting. The Commission believes it only fair that Burl pay a flowage fee for all fuel brought onto and pumped at the Airport, just like everyone else, Commission would like Skinner to collect flowage fee from Burl on a monthly basis. Skinner would like letter from City authorizing Skinner to collect flowage fee from Brim, Fleury to draft letter and review with Mike Faught and discuss with Skinner at next FBO meeting. B. Airport Day: Brittany to forward information regarding "in-house" meeting scheduled to discuss Airport Day. Commission wants to take more ownership of Airport Day and make sure that it is safe and fun for all attendees. Fleury to still see if Brittany can attend Commission meeting tei discuss. Zeve to contact Brittany regarding Airport Day and Brim Tower lease for informational updates. C, Transportation Commission ex-officio member: Silbiger states the second reading for the Commission ordinance is tonight and will take 30 days to become effective.,The new ordinance will allow an ex-officio member of the Airport Commission to be on the transportation Commission, The Airport Commission can pick the ex-officio member and Wolske as stated in previous meetings has an interest in being part of the Transportation Comrnission. Comrnission is fine with Wolske being an ex-officio member. Wolske will also apply to be a voting member of the Transportation Commission. 7. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report. Review of Safety Reports: Fleury asks Commission who has power in the vintage closed hangar section because there C:IOOCUME-1IshipletdILOCALS-1ITempIXPGrpWiseIFebruary 2 2010.doc 2 is a new City of Ashland meter there as part of the transfer from Pacific Power and no one knows who the power goes to. Commission believes the power goes to the Oregon State Police. Fleury to pass this information along to utility billing. B. Maintenance Updates - No new updates. Maintenance work will continue as time and weather allow, 8. OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. 9. NEXT MEETING DATE: March 2, 9:30 AM ADJOURN: Meeting adjourned at 11 :30 C:\OOCUME-1IshipleldlLOCALS-1 IT empIXPGrpWiselFebruary 2 2010.doc 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES February 23, 2010 CALL TO ORDER Chair Pam Marsh called Ihe meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Larry Blake Michael Dawkins Dave Dotterrer Pam Marsh Debbie Miller Melanie Mindlin Mike Morris John Rinaldi, Jr. Staff Present: Bill Molnar, Community Development Director Maria Harris, Planning Manager Brandon Goldman, Senior Planner Richard Appicello, City Attorney April Lucas, Administrative Assistant Absent Members: None Council Liaison: Eric Navickas, absent ANNOUNCEMENTS Commissioner Marsh announced the vacancy on the Planning Commission and encouraged interested citizens to submit applications to the Mayor's Office. She also reminded the Commission the March Study Session has been moved to March 30,2010. CONSENT AGENDA A. Approval of Minutes. 1. February 9,2010 Planning Commission Minutes. Commissioners Dotterrer/Blake rnIs to approve the Consent Agenda, Voice Vote: all AYES. Motion passed 8-0. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. PLANNING ACTION: #2009-01292 APPLICANT: City of Ashland DESCRIPTION: A request to amend the Ashland Land Use Ordinance (ALUO) creating a new Chapter 18.53 Croman Mill, to, amend the multiple chapters of the Ashland Land Use Ordinance to provide consistency with the new Chapter 18.53 Croman Mill (ALUO 189.08, 18.12.020, 18.61.042, 18.68.050,18.70.040, 18.72.030, 18.72.080, 18.72.110,18.72,120,18.72.140,18,72.180, 18.84.100, 18.88.070, 18.106), to amend the Ashland Comprehensive Plan and Zoning Map to include the Croman Mill District, and to adopt the Croman Mill Site Redevelopment Plan as a supporting document to the City's Comprehensive Plan. Commissioner Marsh noted the two letters that were submitted by Mark DiRienzo and Marilyn Briggs. She stated these letters would be added to the record and officially closed the public record at 7:08 p.m. Declaration of Ex Parte Contact Commissioner Miller stated she was contacted by Marilyn Briggs. She informed Ms. Briggs that she could not speak to this issue and encouraged her to submit a letter. No ex parte contact was reported by any of the other commissioners. Ashland Planning Commission February 23,2010 Page 1 of 6 Staff Report Planning Manager Maria Harris provided a brief summary of the Staff Report Addendum included in the packet materials. She explained the report provides options to deal with the issues raised by ODOT, and stated staff is recommending making the ODOT maintenance yard a special permitted use. Ms. Harris stated this would make the yard a legitimate use, but once it goes away all that can go in there would be the previously defined uses. She stated staff is also recommending language that clarifies before the second phase of the central boulevard is built, the ODOT maintenance yard will need to be relocated. Ms. Harris noted ODOT has also recommended the City update the Transportation Analysis, and clarified this piece is in progress. Ms. Harris noted the Staff Report includes sample motions and recommended the Commission make separate motions for each of the separate elements identified, She added the sample motion for 3(a) in regards to the East-West street orientation might be worded too strongly. She stated this is not an either or situation and the Commission could ask that the Council give this option further consideration. Ms. Harris commented briefly on the issues raised by Mr. DiRienzo and stated staff does not believe either option that has been put forward would make his buildings non-conforming. She stated if he wanted to enlarge his buildings or needed to re- build them he could do so, but they would be subject to site review. Ms. Harris also clarified the plaza space requirements referenced by Mr. DiRienzo only apply to large scale developments (10,000 sq. ft or greater or more than 100 ft. in length). She stated once you reach that size you are required to provide 1 sq. ft. of plaza area of every 10 sq. ft. of building. Commissioner Mindlin expressed concem that the plan provides preferential treatment for ODOT. Ms. Harris responded that ODOT is in a unique position because all of the other existing buildings in the district could be allowed in the proposed zone, but the plan does not provide for ODOT's public facilities maintenance yard. Community Development Director Bill Molnar noted he met with ODOT and they assured him of their support for the plan and their desire to find a replacement location. He stated ODOT's concem is they do not want to be zoned out until they can find a suitable replacement for their operations. Commissioner Mindlin noted the proposed language revision in response to ODOT's concem about the easements and restated her concem regarding preferential treatment. Staff indicated the proposed language change is more consistent with what has been presented and intended this whole time. Senior Planner Brandon Goldman noted all of the needed easements would be contingent on both parties being agreeable. Ms. Harris stated she does not believe this language treats ODOT differently and stated if the Commission is uncomfortable with the proposed wording, staff is open to any suggestions they may have. Upon request, staff responded to the assertions made in Mr. DiRienzo's letter. Item 1) Clarified staff is recommending Mr. DiRienzo's property retain its M-1 zoning designation. Item 2a) Clarified Modem Fan's newest addition is .45 FAR, which conforms to the requirements in the Detail Site Review zone. Item 2b) Noted the plaza space requirements have already been listed. Item 2c) Clarified in the Detail Site Review zone, only structures over 10,000 sq. ft. would be a Type II planning action; anything smaller than 10,000 sq. ft. is still a Type I. And Item 2d) Clarified Mr. DiRienzo could replace his buildings if they are damaged. M~. Harris explained staff believes the proposed distillery on Mr. DiRienzo's property could still be built if the property goes into the Detail Site Review zone. She stated the distillery's FAR is within the required range and clarified the public requirement would apply, however the approved plans did have some public space included and this would count towards that requirement. Ms. Harris noted the Detail Site Review standards currently apply in the downtown area, as well as along all of the City's main corridors. Commissioner Rinaldi stated he does not agree with the assertion that changing the M-1 zoning designation removes this type of land from the City's inventory, and stated many of the industrial uses would still be allowed. Ms. Harris agreed and stated a lot of what people think about when they hear industrial uses are still allowed; what has been removed is the land intensive, low employment uses (such as junk yards and concrete/asphalt batch plants,) Staff provided a brief explanation about advanced financing districts and clarified the adoption of the Croman plan does not obligate Ashland residents to pay for the street installation and infrastructure. The improvements identified for Mistletoe Road during Phase 1 were identified, and staff clarified the updated Traffic Analysis will look at traffic flows on Mistletoe. Ashland Planning Commission Febru8IY 23, 2010 Page 20'6 Commissioner Marsh recommended the Commission move forward with their recommendations. She noted page 11 of the Staff Report lists sample motions and opened the floor to motions. Commissioners Morris/Rinaldi mls to recommend approval of the Comprehensive Plan and Zoning Map amendments to revise the Comprehensive Plan Map designations of Industrial, Employment and Single-Family Residential to the Croman Mill District, and revise the Zoning Map designations of M-1lndustrial, E-1 Employment and R-1 Single Family to CM Croman Mill including the Compatible Industrial (Cl), Mixed Use (MU), Neighborhood Center (NC), Office Employment (OE) and Open Space (OS) zoning overlays with amendments as follows: a) Include the Mixed Use zoning overlay (CM-MU) in the Zoning Map amendment; b) Retain the M.1lndustrial zoning for the properties at 650-750 Mistletoe Road, have the Comprehensive Plan designation amended from Industrial to Croman Mill, and include the portion of the site adjacent to the street in the Detail Site Review zone; c) Extend the Croman Mill District to the properties that are currently outside the city limits, but within the UGB, with an underlying Mixed Use zoning designation should they choose to annex. DISCUSSION: The commissioners shared their preferences in regards to whether the property on Mistletoe Road should be included in the Detail Site Review zone. Commissioners Blake and Morris voiced their support for including this property in the Detail Site Review zone; Dotterrer stated he does not believe it should be included. Morris recommended it be it included to protect the area in case the property is sold and someone else wants to develop it. Marsh voiced her support for the motion and commented on how well designed the buildings along Washington Street are. She stated she is convinced the Detail Site Review zone will have a big difference and does not believe it will be that onerous. Dotterrer voiced his support for including the Mixed Use Zoning Overlay and noted these areas are located next to the existing neighborhoods. Miller voiced her opposition to the inclusion of the Overlay and stated she would prefer to see more opportunities for Compatible Industrial uses. Regarding (c) Mindlin stated she feels strongly that by rezoning it they are sending a message to future applicants that this is what the City's wants, and stated this option was not really discussed or put up for public input. Mindlin recommended they leave this property in its existing zoning and Commissioner Miller agreed. Mr. Molnar explained if they leave this area in its current designation, when an annexation request comes forward it will be for the currently identified E-1 Employment Zone, which receives basic site review. He added the annexation applicants could request a plan designation amendment, but this adds complexity to the process and is often not what people want to do when they are requesting annexation. The Commission talked about this further and received further clarification from staff. Mr. Molnar stated if the property is identified as part of the Croman Mill District, when the annexation requests comes forward there may be a possibility for the Mixed Use designation to be changed to one of the other two Croman designations. Ms. Harris noted the open space protections would not apply if the property is not included in the Croman Mill District, and explained as proposed, the property would come in as Croman Mill Mixed Use, which is very flexible and allows for compatible industrial, office employment, and the option for residential uses on upper floors. Senior Planner Brandon Goldman added that the City does not have a zone comparable to the property's current RR-5 designation, and to keep this property as County RR-5 in perpetuity would require redrawing the Urban Growth Boundary to no longer consider this area urbanizable. Marsh restated the motion on the floor. Roll Call Vote: Commissioners Rinaldi, Miller, Dotterrer, Blake, Morris, and Marsh, YES. Commissioners Dawkins and Mindlin, NO. Motion passed 6-2. Commissioner Marsh noted the second sample motion put forward in the Staff Heport and listed their options. Commissioners Dotterrer/Miller mls to recommend approval of adding a new Chapter 18.53 CM to the Ashland Municipal Code, with amendments as follows: a) Revise the Major Amendment section 18.53.020,B,1 to clarify the distinction between a major and minor amendment as it relates to the changes to street or other transportation facilities as described on page 11 of the February 3, 2010 staff memo; b) Add the manufacture of food products to the Office Employment (OE) zone as a special permitted use. DISCUSSION: Commissioner Miller voiced her support for the manufacture of food products to be included. Dotterrer also voiced his support and stated this will provide more options for people who want to develop in this area. Roll Call Vote: Commissioners Dotterrer, Blake, Marsh, Miller, Morris, and Rinaldi, YES. Commissioners Mindlin and Dawkins, NO. Motion passed 6-2. Ashland Planning CommissiDn February 23. 2010 Page 3 of 6 Commissioner Marsh noted their options for motion 3 and recommended the group work through their options before a motion is made. Item 3(a): Should the street orientation follow the framework in the proposed Croman Mil District Implementation Plan, or should the streets and zoning overlays be adjusted to the East-West street orientation? Commissioner Marsh noted they do not have to choose tonight and can recommend that the Council consider the East-West altemative. Mr. Goldman clarified the East-West option results in a slight reduction of Compatible Industrial lands (1.3 acres), and a slight increase in Mixed Use and Office Employment. Slake stated if there is no significant loss of acreage for the various uses, they should recommend the Council pursue the East-West orientation. He stated the 450 layout is a bad way to start out, and unless you have flat roofs on the buildings this is bad planning. Rinaldi voiced his support for recommending the East-West layout. Morris stated he is not a big fan of the East-West layout and is concemed the buildings will get too hot. He stated he is not sure the revisions that would be needed to the streets are worth the gain in solar savings. Mindlin voiced her support for the East-West orientation and stated they know for sure this will increase the possibilities for solar and believes they should lay the groundwork to make it possible for future owners to achieve solar savings. Item 3Ib): Should an altemative location for the northem section of Phase If of the central boulevard as shown in the East- West Altemative Option map be included as a potential option? Commissioner Dotterrer recommended they leave the options as wide open as possible, Miller stated she does not think they should recommend anything since it will be a long while before Phase II happens and they can not anticipate what will change. Marsh clarified this is what is proposed and they are leaving all options on the table. She clarified they are essentially putting forward two conceptual ideas that will be need to evaluated when Phase II is designed. Item 3(c): Should the onsite surface parking limitation be revised so that a higher percentage ofthe required off-street parking can be constructed as surface parking on the site until a parking management plan is established for the Croman Mill District, and retaining the 50% maximum once the management plan is in place? Commissioner Rinaldi asked if a development put in their own off-street parking, would they be relieved from any future obligation that comes out of the parking management plan? Ms. Harris clarified the original concept was to have a system set up so that in lieu of putting in parking spaces, a developer could contribute to the funding of the shared parking structure. She added if a developer is able to put in their own parking, they will not have to pay for the parking structure as well. Marsh asked if the Commission would be willing to recommend the parking management plan address altemative options that limit vehicle traffic on the site. General support was voiced for this. Miller stated she hopes the City will be flexible in how many spaces they require. Item 3(dl: Should the Green Development Standards (VIff-C-B through VIff-C-11) be combined to provide a menu of items the applicant could choose from? Ms. Harris provided a summary of this issue. She explained these items were previously listed under one standard and they were recommended, not required. Through the Planning Commission's discussions, staff revised the language to make these requirements. Slake stated he would like for these four items to be mandatory; however he wants to be sensitive to concems raised regarding the costs of property development. He also commented that there may be some internal inconsistencies and stated if the final plan includes the original 450 street layout, there will be two west sides and two east sides for each building. He explained the way the building shading and solar orientation standards are worded assumes the buildings are oriented north-east-south-west. He stated there may be some logic to using the menu approach and giving the developer more latitude. Mindlin stated she is in favor of leaving this as a list of requirements, however she noted the standards do not specify how much or to what degree. Mr. Molnar commented that by not specifying this it provides some flexibility. Dotterrer suggested they add the language 'to the extent practical' to clarify the intent. Mindlin noted this does not mean to the extent practical financially. Morris stated these are too ambiguous to be requirements, and if they make this a standard they need to quantify them. Marsh stated she does not support the menu approach and felt they should make these either requirements or recommendations. General support was voiced for recommending these as standards, but asking the Council to refine them further, Ashland Planning Commission February 23, 2010 Page 4 of 6 Item 3(el: Should the Green Building Bonus standard be revised to reduce or delete the performance bond and penalty amounts? . Commissioner Marsh noted their options and general support was voiced for deleting the performance bond and penalty amounts. It was noted the City could reinstate this language it abuse becomes an issue. Commissioners Dotterrer/Morris mls to recommend approval of adding a new Section VIII- Croman Mill District Standards to the Site Design and Use Standards, with amendments noted as follows: a) Strongly recommend the East-West street orientation as shown on the East-West Alternative Option Map included in the January 12, 2010 Planning Commission packet materials; b) For the alternative location of the northern section of Phase II of the central boulevard as shown in the East-West Alternative Option Map be included as an option. c) For the on-site surface parking limitation (Standard VIII-B-3.2) be revised so that a higher percentage of the required off-street parking can be constructed as surface parking on site until a parking management plan is established for the Croman Mill District, and retaining the 50% maximum once the parking management plan is in place; and for the management plan to consider multi-modal options and the possible phasing of parking requirements; d) To strongly endorse the Green Development Standards VIII-C-8 through VIII-C-11 and ask that the standards are recommendations, but for the Council to look into making these more specific and required standards; e) Delete the performance bond and penalty amounts from the Green Building Bonus standard VIII-C-13.1. Roll Call Vote: Commissioners Morris, Blake, Rinaldi, Miller, Marsh, and Dotterrer, YES, Commissioners Mindlin and Dawkins, NO, Motion passed 4-2. The Commission moved onto the final motions outlined in the Staff Report. Commissioners Morris/Dotterrer mls to recommend approval of revisions of various sections of Chapter 18 to provide consistency with Chapter 18.53 Croman Mill. Roll Call Vote: Commissioners Blake, Dotterrer, Marsh, Miller, Morris, and Rinaldi, YES. Commissioners Dawkins and Mindlin, NO. Motion passed 4-2. Commissioners Dotterrer/Rinaldi mls to recommend approval of adopting the Croman Mill Site Redevelopment Plan as a supporting document to the Ashland Comprehensive Plan. Roll Call Vote: Commissioners Miller, Rinaldi, Dotterrer, Blake, Morris, and Marsh, YES. Commissioners Mindlin and Dawkins, NO. Motion passed 4-2. Ms. Harris noted the final decision that needs to be made regarding the suggestions brought forward by staff to deal with the ODOT concerns. Commissioners Dotterrer/Blake m/s to amend the Commission's recommendation to the Council for AMC 18.53,040.B and Croman Mill District Standard VIII-A-1,2 as outlined in pages 3 and 4 ofthe February 23, 2010 Staff Report Addendum, DISCUSSION: Commissioner Miller voiced her opposition to the realignment of Grizzly Drive and Tolman Creek Road which is identified as a requirement for Phase II in Section VII-A-1.2. Marsh clarified the Commission has acknowledged that Phase II of the central boulevard is going to have to undergo significant planning and design. Suggestion was made to amend the language to read. "Consideration of the realignment of Grizzly Drive and Tolman Creek Road." Commissioner Dotterrer amended his motion to include this clarification and Blake agreed, Roll Call Vote: Commissioners Dotterrer, Blake, Marsh, Miller, Morris and Rinaldi, YES. Commissioners Dawkins and Mindlin, NO. Motion passed 6-2. Commissioner Marsh announced this item will go before the Council on April 6, 2010 and encouraged members olthe public to share their input with the City Council. Marsh commented on the possibility of a minority report and noted the procedures for this to occur. She noted any minority report will need to be presented to the full Commission and they will need to vote on whether to forward it along with their recommendations. Commissioner Dawkins shared his frustrations. He stated the primary issues he raised were never discussed and he believes the process was totally flawed. Ashland Planning Commission Febru8JY 23.2010 Page 5 of 6 The Commissioners commented briefly on the possibility of a minority report and shared their thoughts. Marsh indicated if a minority report is prepared, it will need to be submitted to the Planning Commission at their next meeting on March 9,2010. ADJOURNMENT Meeting adjoumed at 9:30 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission February 23, 2010 Page 6 of 6 City Minutes Attendees: Tom Burnham, John Gaffey, Steve Hauck, Eric Heesacker, Julia Sommer, Colin Swales (Chair), Brent Thompson, Matt Warshawsky, David Young Absent: None. Ex Officio Members: David Chapman, Brandon Goldman, Lany Blake, Kat Smith, Steve MacLennan Staff Present: Mike Faught, Jim Olson, Nancy Slocum. I. CALL TO ORDER: 6:00 PM , II. APPROVAL OF MINUTES: Minutes of December 21, 2009 were approved as presented. III. PUBLIC FORUM: Egon Dubois questioned the roll of the Transportation Commission Subcommittee and how meetings were publicized. Swales directed Dubois to the Transportation Commission formation ordinance (Ordinance No. 2975). The subcommittee meetings were open to the public. The agenda was set by both the Public Works Director and the Chair of the Commission. Slocum was directed to publicize subcommittee meetings by sending agenda to the Daily Tidings and posting it on the website. Dubois thought there should be another mouthpiece for the public as the two commissions (Traffic Safety and Bike & Ped) were combined into one (Transportation), IV. ADJUSTMENTS TO THE AGENDA: RVTD report was moved to follow Commission training so Smith did not have to wait until the end of the meeting. Setting a date for the Commission goal setting retreat was also added as well as a Transportation System Plan (TSP) update. V. ACTION ITEMS: A. Commission Training bv Barbara Christensen, Citv Recorder Christensen's position as City Recorder was guided by Oregon state law. She reminded Commissioners that as volunteers they represented all citizens and not a single point of view, Meetings could be held electronically, but they must meet public meeting law i.e. they must be noticed, have written minutes, be accessible as a public venue and be ADA accessible. With email the length of time between responses become like a defacto "chat room," She recommended against its use as well as the use of a list serve, but ultimately the City Council should decide. Christensen said the public had the right to examine all public records including those on private computers and even hand-written notes were subject to the three year retention rule. Law violations void any decisions made by the Commission and are subject to a $5,000 fine, removal from post and a $500 City fine. B. RVTD Briefing Kat Smith would be replacing Nathan Broom as the Ex-Officio member for RVTD. She C:\DOCUME-l\shipletd\LOCALS-1 \Temp\XPGrpWise\l 21.10 TC MlnuteS.doc Page I of3 summarized the December, 2009 Monthly Ridership Report, Ashland was down 13.6% over last year at the same time while countywide was down 12.1%. The Commission wondered how the county number would appear without Ashland. They would like to see a three year analysis. C. Croman Master Plan Update Commission discussed the need to review the plan. Swales reminded them that the Planning Commission purposely left transportation issues out of their discussion so the Transportation Commission could discuss it. Goldman said that since the last meeting he made revisions to the amendment process (Section 18.53). Bike lanes and sidewalk widths would now be minor amendments. There was also an east I west solar orientation change. Phase I leaves Croman Road in place and adds Central A venue. In Phase II, there would be a need to acquire ODOT property, vacate city-owned property and realign Tolman Creek Road. As long as the right-of-way was locked in place, bike lanes could be reconfigured, but not eliminated. Thompson was in favor of the plan revisions. Any applicant applying for a site review would have enough time for staffto interface with Transportation Commission before the Planning Commission made its final decision. Swales wondered who paid for infrastructure. Faught was drafting an Advanced Financing Ordinance for the City Council's review. The proposed ordinance was a financial mechanism to reimburse publicly or privately funded public improvement projects that have direct benefit to other property owners. It was similar to an LID as it distributed the cost of public improvement projects based on benefited use; the difference between the two was that Advanced Financing was due when the property owner ties into the pubic improvement. In addition, the City received a TGM grant to assist in the plan. Faught reviewed the Traffic Impact Analysis (TIA) that showed three land use alternatives plus a "no build" option and their projected effect on transportation circulation especially Highway 66 (Ashland Street), Highway 99 (Siskiyou Boulevard), Tolman Creek Road and Mistletoe Road. Any needed mitigation would be paid for by the developer. TIA looked only at vehicle mitigation, not multi-modal mitigation. Warshawsky was fine with the revised plan as long as it was amendable in the future. Goldman noted that plan language was also revised so that no access would be allowed on Central Avenue. This would reduce the number of vehicle I bicycle or pedestrian conflicts. He thought public discussion was needed on the pros and cons of separated bike lanes, Faught added that minor amendments could also be made through the TSP update. Burnham was concerned that the printed maps and standards, although alterable, would be construed as having been approved by the Commission. Motion: Thompson moved to r,commend that staff pursue at, above and/or below grade railroad crossing easements for all forms of transportation. Motion died for lack of a second, Warshawsky moved that the Commission recoinmend to the Planning Commission and the City Council that the final design of Central Boulevard be reviewed by the Transportation Commission before it is finalized and constructed. Hauck seconded the motion and it passed unanimously, D. Transportation Commission Goal Setting Retreat Commission discussed whether or not to set goals at a separate meeting and how time sensitive the issue was. The Commission asked staff to chose several dates and email Commissioners, Burnham suggested using Traffic Safety Commission and Bicycle & Pedestrian Commission goals as a C:\DOCUME-I\shiplctd\LOCALS-I\Temp\XPGflJWise\l 21 10 TC Minutes.doc Page 2 of3 template. E. TSP Update Faught reported that Kittleson & Associates won the TSP Update contract in the amount of $416,000, The contract provided for an optional cost savings clause of $40,000 which would only be put into action upon approval of the Commission. Council approved the contract in a three to two vote with monies coming from the SDC fund. There would be a kick-off meeting with the consultants in mid March. He reminded the Commission that a TGM grant was awarded in the amount of$125,000 with another $66,000 possible this year. Thompson felt strongly that System Development Charge money should only be used for physical improvements. VI. NON ACTION ITEMS A, Planning Commission Update No discussion on this item. B. SOU Master Plan Update Item tabled until March meeting. VII. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS: Commission, by consensus, agreed to have RVTD communicate to the Commission via memorandum in the monthly packet in order to save time at the meeting. This policy would be for routine issues such as the monthly ridership report. VIII. ADJOURN: 8:10 PM Respectfully submitted, Nancy Slocum, Accounting Clerk I C:\DOCUME-l\shipletd\WCALS-l\Temp\XPGrpWise\1 21 10 TC Minutes.doc Page 3 of 3 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Appointment to Public Arts Commission March 16,2010 Primary Staff Contact: Barbara Christensen City Recorder E-Mail: christebr@ashland.or.us Mayor's Office Secondary Contact: Mayor Stromberg Martha Benne Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's appointment of Carol Davis to the Public Arts Commission with a term to expire April 30, 2011? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Public Arts Commission on application received, Position was created upon the resignation of Melissa Markell. Related City Policies: Ashland Municipal Code (AMe) Chapter 2.17.020 Council Options: Approve or disapprove Mayor appointment of Carol Davis to the Public Arts Commission. Potential Motions: Motion to approve appointment of Carol Davis to the Public Arts Commission with a term to expire April 30, 2011. Attachments: Application received Page I of 1 ~.l' CITY OF ASHLAND APPLICA nON 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 chrisleblalashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Carol HOfU Davb Requesting to serve on: Public Arts Commission (Commission/Committee) Address: 660 Prim Street, Ashland OR 97520 Occupation: ArchitectJDesigner Phone: Home 541.482.5773 Work (Same) Email carol(iil.davisandcline.com Education Backl!:round What schools have you attended? · California Polytechnic University, San Luis Obispo · San Francisco State University What degrees do you hold? · Bachelor of Science in Architecture · Bachelor of Architecture (5 year professional degree) · Master's of Business Administration What additional training or education have you had that would apply to this position? CoOwner of Davis and Cline Galleries here in Ashland (12+ years) 1. Related Exnerience What prior work experience have you had that would help you if you were appointed to this position? . Co-Owner of Davis and Cline Galleries in Ashland. · Access to artists. Art community, etc. · Retail Design Architect with 30 years of experience working with visual brand presence of national retailers including The Gap, Gymboree and Harry and David. · Business Management experience Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? r.l1 2. Interests Why are you applying for this position? Invitation of Board Member and a desire to see Ashland increase it's vibrancy and relevancy as a Visual Arts community. 3. Availahilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, available both day & evenings 4, Additional Information How long have you lived in this community? Since 1997. Please use the space below to summarize any additional qualifications you have for this position Current Board Member Positions and Experience: · City of Ashland's Board of Building Appeals · Ashland School Board · Ashland Schools Foundation Signature Date r.l1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application March 16,2010 Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Benne Estimated Time: Barbara Christensen christeb@ashland.or,us . None Consent Question: Does the Council wish to approve a Liquor License Application from Patricia Volk dba Chateaulin at 50 E Main Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable, The city council recommends that the OLCC proceed with the processing of this application, Background: Application is for a change of ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32), Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Resolution Establishing Traffic Control on Will Dodge Way and Repealing Resolution No. 90-51 March 16,2010 Primary Staff Contact: Public WorkslEngineering E-Mail: Police Department Secondary Contact: Martha Bennet Estimated Time: James Olson olsoni{a1ashland,or.us Mike Faught Consent Agenda Question: Will the Council approve the attached resolution establishing traffic control and regulation for Will Dodge Way from Pioneer to First Street and repealing Resolution No, 90-51? Staff Recommendation: Staff recommends approval of the attached resolution establishing traffic control and regulation for Will Dodge Way from Pioneer to First Street and repealing Resolution No. 90-51. Background: Executive Summary To meet current fire codes for protection of businesses along Will Dodge Way, it is necessary to prohibit stopping for the first 100 feet from each end of the alley, Resolution No. 90-51 established a one-way traffic pattern and the current 125 foot length stopping prohibition on the Pioneer Street end only. To alter this parking configuration requires that the Resolution be repealed and a new resolution developed to enact the changes to Will Dodge Way, The new stopping prohibition and stopping limitations have been approved by the Transportation Commission and Ashland Fire Department. Summary of Actions Requested This action is intended to put into place the following traffic regulations: I. Repeal Resolution No, 90-51; 2, Reinstate the one-way traffic pattern previously established by Resolution No. 90-51; 3, Create a 100 foot long "no stopping" zone at both ends of the alley; 4, Create a 10 minute stopping or loading limitation for the portion of the alley between the "no stopping" zones. Phvsical Conditions Will Dodge Way is a 12 foot wide public alley which extends from Pioneer Street to Second Street between East Main Street and Lithia Way, The section which is most problematic is the 480 foot long block from Pioneer Street to First Street. The original 12 foot wide right of way was deeded to the City in 1910. The right of way is unusual in that it is one of the narrowest of all of Ashland's alleys. Concrete curb and gutter has been constructed along the entire north side of the right of way with the curb-back located a few inches inside the right of way. The purpose of the curb is to control drainage, but it also reduces the available usable travel surface to approximately 11 feet. The 11 foot wide width does not provide enough room for 2 vehicles to pass. This narrow width was one of the conditions that prompted the Traffic Safety Commission in 1990 to recommend that the first Page lof3 r~' CITY OF ASHLAND block of Will Dodge Way be designated one-way in a southerly direction. The recommendation was approved by the Council on Nov 20, 1990 under Resolution No. 90-51. The sale of the City-owned parking lot which abutted the center portion of the alley has eliminated a second alley exiting and entrance point to and from Lithia Way. With the loss of this exit/entrance all access to and from the alley is now from Pioneer Street (entrance) and First Street (exit). Will Dodge Way is also a critical material and supply delivery way as most of the business fronting on Will Dodge Way take delivery from that alley. If a delivery truck is parked anywhere along the alley it completely blocks the alley for all other users, including residents who live on the alley and for . emergency vehicles. To provide adequate fire protection to the entire alley, it is necessary to prohibit stopping at each end of the alley and to limit stopping on the remainder of the alley to 10 minutes, Traffic Action Approvals Up until 1990 most traffic regulations, such as ordering traffic control signs or designating parking limitations or prohibitions, were accomplished by resolution. On February 6, 1990 Resolution No, 90- 03 was adopted by the Council which set standards for the installation of traffic control signs and parking limitations. This resolution streamlined the approval process for routine traffic regulations by eliminating the need to create a resolution for each action. The City Administrator / Public Works Director was given the authority to approve those routine traffic regulations for which standards were established under Resolution No. 90-03; however, this authority does not extend to more complex issues such as one-way designations, which must still be referred to the CounciL Will Dodge Way History Recent meetings held among members of the Transportation Commission, Ashland Fire Department, Ashland Police Department and adjacent property owners determined the need for changes in the previously established "no stopping" zones as authorized under Resolution No. 90-51. That resolution established a one-way traffic pattern (southeast direction) on Will Dodge Way as well as a 125 foot long "no stopping" zone at the northwest end of the alley. The Fire Department has determined that adequate fire protection along the alley would only be attained by establishing 100 foot long "no stopping" zones at each end of the alley, Resolution No. 90-51 must now be repealed so that changes in the "no parking" zone can be enacted. The one-way traffic pattern as previously established will remain the same and an additional ten minute stopping or loading limitation will be placed on the remainder of the alley. Related City Policies: Resolution No, 90-03 (attached) - Adopted Standards for Stop Signs, Yield Signs and No Parking "Yellow Curb" Zones Resolution No, 90-51 (attached)- Designated Will Dodge Way as One Way in a Southbound Direction and Created a "No Stopping zone 125 feet Southerly from Pioneer Street. Council Options: . The Council may approve the attached resolution establishing traffic control and regulation for Will Dodge Way from Pioneer Street to First Street and repealing Resolution No. 90-51; Page2of3 r.t. , CITY OF ASHLAND . The Council may reject the attached resolution establishing traffic control and regulation for Will Dodge Way from Pioneer Street to First Street and to repeal Resolution No. 90-51. Potential Motions: . Move to approve the attached resolution establishing traffic control and regulation for Will Dodge Way from Pioneer Street to First Street and repealing Resolution No, 90-51; . Move to reject the attached resolution establishing traffic control and regulation for Will Dodge Way from Pioneer Street to First Street and repealing Resolution No. 90-51. Attachments: Draft Resolution No. 2010- Resolution No. 90-03 Resolution No. 90-51 Map Showing Parking Zones Photographs Page) of 3 r~' RESOLUTION NO. 2010- A RESOLUTION ESTABLISHING TRAFFIC CONTROL AND REGULATION FOR WILL DODGE WAY FROM PIONEER STREET TO FIRST STREET AND REPEALING RESOLUTION 90-51 WHEREAS, Resolution 90-51 established the above reference p011ion of Will Dodge Way as one-way southbound and precluded stopping in the southerly 125 feet of the p011ion of the alley.referenced above; and WHEREAS, the City's Transp011ation Commission has recommended, that Will Dodge. Way continue to be designated for one-way traffic and that stopping be limited within the alley and prohibited within 100 feet of both ends of the alley as identified above. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council as follows: SECTION I. Will Dodge Way between Pioneer Street and First Street is hereby designated as one-way in a Southbound direction. SECTION 2. The Director of Public Works is hereby directed to place appropriate signage implementing this one-way designation. SECTION 3. The Director of Public Works is fill1her directed to install "No stopping" signs or markings for the first 100 feet from both ends of the above-referenced p0l1ion of the alley as well as signage and markings imposing a "10 minute" stopping or loading limitation for p0l1ion of the alley between the "No stopping" areas. SECTION 3. Resolution 90-51 is hereby repealed, except that the resolution shall remain in full force and effect for purposes of any prosecution commenced prior to the effective date of this resolution. SECTION 4. .This Resolution was duly PASSED and ADOPTED this day of ,2010, and takes effect inunediately after signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. Reviewed as to fonn: Jolm Stromberg, Mayor Richard Appicello, City Attorney UIOIaUIf%OM eo-.M.. A RBSOLU'l'ION ADOPrING 8TAllDARDB If(lJl S'l'CP S%aNS, YIm.!) BIGHS AND NO PAlUaNO "ULLOM, CUIUI" Ions. DB IT RIIBOLVBD ax Tim CITY OF ASIWUfll AS POI-LOWB I SBcnOIl 1. 8'1'lIlfIlA1Ul8 .hou1d be.. adopt.c1 by the City of! Aahlanc1 , for ..tabl1.hLn; .1n1rlu reaull'elllant. tor .top dlJU, yi.lc1 eign. and no paning "y.llow cub" lIone.. saCTIOII 2. Th. :mULa Saf.ty Colllll1..1on ba. dlluZ'IIinelt rea.onul. S'1'ANDAJIIlS tor .valuaUng the n..cI tor .top eigne, yield .itn. IIJId no parking "yellow OUJ:'bll lion... BJl/Cl!rOIf ~. Th. City couno1:L ba. d.termlned that the S'1'ABDAJUlS attaohe4 llII bIll!:)lt A ...t thl lI.ed. of the City of Atlhlllnd enc1 hereby .dopt tho.. S:rAJIDaRD9. BRl!'l'rOIl ~. 1Ih.n I r.qu..t f~ a .top .19n,. yblc1 lip at' no parking .Y'llow ~" lone ~..t. B'1'AXDARDB, .tlff vill pro.ent report and rnoluUon or or.u'nlUlC. to the City COunail tor appraval. SBCTIOII II. Any .tatt dlOlIion b...d on ..&1d. STANJWtD8 IIIIY b. appeal" to .th. 'l'rattla sat.ty COIIIIbdon within tifUan 4ay. of 4.ai.lo11 ~ .taft. any Traffia.Slf.ty C~.lon 4eaL.ion..y b. appeal.cl to the Cltr counoil within fLtt.." dlY' at deal.10n by Trafflo Saf.ty COam ..ton. Th. tor.90111V' 1teIolution v.. lUIAD and DULY ADOP'l'BD at a regular _t1/19 ot the City Counoll ot the City at Aahhnd, oregon thta ~+day of ~O 11180. S Z.t' ~~d~~. Han I. na n City R.aorll.1' nanD and APPROVBD thl. ~dBY at robruary 1990. ~-~"'"" Act11ltl ~ . EXtIIIlIIA em OF A8H~D mAFFlC SAFElY COMIII88ION STANDARDS FOR TRAFFIC CONTROL DECIlHBh 11189 GENERAL STANDARDS The.e B~AKDARDS do not apply to 8tate or County oantrolled straet. or hiqhway. within the City ot Aabland oity limit.. The h:rm llI8jor .tre.t r.ten to tha .tnet with the larqa.t valuma ot vehiole. and the term minor .treet ret.n to tha .tra.t with the .mallar volume af vehiola., eaon ba.ad on aDtual 34-hour Dount.. A 10081 streat i. detined a. any str.at not d..iqnatad al a prillary I artarlal, leconcSary arterial or oollector .tr.at in the A.hland COIIprahanaive Plan. . The tarm AOT shall maan averaq. dailY tratfic... .at&bli.had by an actllal traftic count aver a lI.inlJlum period ot 34 houn or projeClted uaing the In.titute of TransportaUon EJ1cJin..n Trip oanaration Average.. SPECIFIC STANDARDS a 1iel4 .iga i. warranted it tha hor1Bontal an9l. of the 1ntarsectill9 .traat. i. IIIOra than U d.;r... and tha ADT is at laut !I00 vehlola' per day on the I118jor .tra.t. Tha y1eld dlJl1 will be plaoed on the minor .treat. . two-way atop aion h .warranhd on 1nt.r.~tion. batween looal Itreate and artiU'i&1, .eoondary arterial or ool1aot:or 81:1'..,ta. The local .treat will b. raqulred to .top at the ertedal, secondary arterial or ooUaotor at;reat: it Ua AM' on the artarial, .eoonda:ry artarial or ool1aotoZ' etraat exceecla 1600, . two-vay atop .lon 18 warrantod at IUl lnterllaotion it onlll ot the tOllOW1nq aondltlona ara .et or QXeeeded. The AM on the ajor IItr..t exoeadll 11100 and AM' on the minor .treat aXOIIed. SOD. At any inter..ction whare the major et.reat ha. an averaq. vertical ;ra4. in allo... ot 1!1' a1: tha int.r"Dtion, 1:h. minor .tra,t will ba nquin4 to atop at th. ..jor .tr..t. G1B11BRAL STANDARDS - 2 If ~er. i. a hi.tory at 9 or more recorded aooidente at an interaeotion aver a conaeoutive period ot 12 aontbs involving two or !lOre vebiol.. and the aoolclent. vue right or l.ft turn or rlQbt angle OOlli.ione, a atop elgn is warranted. The atop alvna will b. plaoad on the minor etreet. It th. horllontal angle betwean the Inter.eotinv atreet. is great.r than 48 4aqre.. and the ACT e~oeecl. BOO on th. ftljor and minor wtr.at., a .top .i9" 1. warranted on the minor ."aat. a Iou..., or aU-_r .top lip i. warranted if ana of "the fallowing conditione are llIat or .xcaadlll. 'l'ha ACT an thl .ajor .trAlIt exaaed. 1600 and the !Dinar .treat .xo..d. 1000. 'l'hl aVlrag. !J1'aCSI on the ujor and .inor .tnata axoead 1!5!r and AD'!' exotlacl 500 on the _jar and 1IIinor .tr..te. .0 plniag aOJl.. are warrantad it ona of tha fOllowing oondltionll i. mat: on a two-way .trolt, it tha total ourb to curb width. b 1&1111 than 27 f.at anCS tha AM' exaaed. ,~O, no parting will " aUowad. . on a t.wo-way etreet, if the total curb to curb width i. 101111 than 34 f..t and the AM' lI~ceed. '00, parkin; will ba allowad on onl dd.. Yellow ourb. lilY be inlltlllGd under the following oonditions, At privata driveway. in r..iCSantlal area. by tha abutting pJ:'CIpeny ower. A permit: ia required and the yellow ourb IIUIt be inetalla4 and \llAintainecl by the proplIrty owner to the .tendarde 01 the Publio WorlUt Department. In .ivnad no parking llona. if deteniha4 by the City to be n.a....ry to aUQllent tbs no parking dgn.. The cI.teraJnatlon, illJl1:allation ant lIaintenance will be by the City. At all tire lIydraht. U raquirecl by Ore;an state statu1:ea. At .treat intar.satiollJl wh.r. topoqraphy limit. .ight di.tanoe a. eeta~llaha4 by the City. The City will cllI1:el'llline tha n..t and .t.natall and .&intain the yallow ourb. RESOLUTION NO. 90-~ .. u_ A RESOLUTION DESIGNATING WILL DODGE WAY IN A SOUTHBOUND DIRECTION FROM PIONEER STREET TO FIRST STREET. WHEREAS, the Traffic Safety commission has recommended that will Dodge way be designated for one-way traffic. NOW THEREFOR BE IT RESOLVED by the Mayor and city council as follows: J SECTION 1. will Dodge Way between pioneer Street and First Street i:s hereby designated as one-way in a Southbound direction. SECTION 2. The Director of Public Works is hereby directed to place appropriate signage implementing this designation, including "No st.opping" signs for the first 125 feet Southerly from Pi<meer Street. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the city council of the city of. Asl)land on th(~ ..7, I:-!' day of "--; -),. .)1"1..1' ~ J' Il.l.<t" 0',;' , , 1990. '----T1.~t) j 7:.: .,~4 e?c~;' Nan E./Franklin city Recorder SIGNED and APPROVED this tt.. ~~/ - ._",r. day of / l.'/</'M t1c '''-/ , , 1990. /1 r .j.~ It&t- ~~LA' ./ patricia Acklin Acting Mayor CITY OF ASHLAND TRAFFIC REGULATION TR NO. 2010-01 Ashland Municipal Code Chapter 11.12.020 vests power in the City Administrator to establish, maintain, remove or alter traffic control signs, signals and all other markings and devices required to implement traffic and parking controls within the City of Ashland. The City Administrator has, in turn, delegated this authority to the Public Works Director, who shall make all determinations based upon accepted engineering principles and practices. This proposal was reviewed at the regular meeting of the Transportation Commission held on September 17, 2009. The Public Works Director has determined that this proposal conforms to the "Standards for Traffic Control" adopted by the City Council on February 8, 1990 as Resolution No. 90-03 and to applicable engineering standards. The Public Works Director therefore orders the following actions be implemented: o Retain the existing one-way traffic pattern in a southerly direction o Prohibit stopping on the alley for a distance of 100 feet from each end of the alley o Limit stopping on the remainder of the alley to 10 minutes The Street Superintendent is hereby directed to install the signs, markings or features necessary to complete this Traffic Regulation. The violation of this Traffic Regulation shall be an infraction and shall be subject to the penalty as specified under Section 1.08.020 of the Ashland Municipal Code. APPROVALS Date: Michael R. Faught, Public Works Director Date: Traffic Engineer (If Requircd by Public Works Director) Printed Name cc: Terry Holdemess Mike Faught .John Peterson TransportDtion Commission Tel: 541/488.5347 Fax: 541./488-6006 nY: 8001735.2900 M- Engineering 20 E. Main Slrae! Ashland, Oragon 97520 \wlW.8shland.or.us G:\pub-wrks\eng\dept-admin\TRAAOrdinances 2010\10.01 Will Dodge Way Parking Prohibition 3 10.doc \~~ '/ d \\~--:p ~/.X\ 3 ", I .9 <. pO: y\ ~ ; \ '~\ .. , ) \ ~)~\ \,-,' \, .. , R .f)(ilj I) 'C. 1'." G\~ . ----~l } > . . \ , ' .1 ,'!.) ~-- .0-., I t. ~_J \ -, I ~ I ",,'. Q 1.0 " . F . I, ( \ '0 I:, > l.' '.I ~ , l ~ _ " . --, bl d'.'e ,0 -. uQj ~ ~<~rtQ' ~~ :@ '. . n-:J . I ~<\ .....-:: , .... Q ~Q..,:)'-Hf. ~ l ' ... \.~ . t. " ' . ~#. ( \ l <; -'-. ~7' \ 1. '..' \ - \ )' 't, ',) "0l /#,....0 'J) I n ~ .. : 'I jf1" ,\ '\ ,0""".JtJl'P, 'f:;f _~~ ,r, . r";, ~t, L '_~_~'~'''''':'" .'qJp.., ~ . . "!I).', . , ,.. ,'T::::'. 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"". .'1. :~!'.: 1""'Ji~'::'l). \V"}~.'I , ,-. ,', I "w ,.l"\I': I ~ ',' ~'.I j.\ ';I'~;"."\I'~ ~\"... .: '.., ".l.'.," Il),. "",.l., . 't ~', r. .t'..,' "'\' '1 .. t ~, ""/""1< f" f. , .: (,.':.~ '.,l .11 ". '::~~~!..n '.V' . t . "" : '" ~. ....\ \' .. jO" .... . "',.' "" I '. " ~ .1~1!..'~ \. ,.,~.:. :. '~'\i;:/:':~; ~:;:\I! , . .... ..,. . "\ ..;" ;~t 'l~,: ~._.' . ; ~'J: .... I .. ,I . 1;;" ../ ~. , . '~'l .,:1 I 'I." '..~:: ~jl I '.'''' . 'I:':f i \, ,11' ,. ". ...1 . , " .~. ..... , " .1 .i , ; CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Water Master Plan Update- Ashland Water Advisory Committee Member Selection March 16, 2010 Primary Staff Contact: Michael R. Faught Public Works E-Mail: faughtm@ashland.or.us N/ A Secondary Contact: Pieter Smeenk Martha Benn Estimated Time: Consent Question: Does the Council have questions about the Mayor's committee member selection for the Ashland Water Advisory Committee (A W AC) for the Water Mater Plan update? . Staff Recommendation: The Mayor recommends that Council approve the Mayor's committee member selection for the Ashland Waster Advisory Committee (A WAC) for the Water Mater Plan update. Background: The Consultant selected to complete the new Water Master Plan update, Carollo Engineering, is prepared to schedule the first kick-off meeting ofthe A WAC in order to begin the master planning process. To that end, the consultants developed an Ashland Water Reuse and Conservation Study & Master Plan Advisory committee charter. The charter (see attached) outlines the purpose, duties, authority, organization, and meeting schedule for the committee. The new 11 member A WAC committee members include the following organizations and/or citizens: ~ (1) Committee Chair ~ (1) Forest Service ~ (1) SDC Committee ~ (1) Chamber of Commerce (Alex Amarotico) ~ (1) Forest Lands Commissioner ~ (2) Environmental- (Amy Patton and Leslie Adams) ~ (3) At-Large ~ (1) City Council Member Of the 11 committee members, the Mayor is proposing to appoint the following "at large" and Council liaison A W AC committee positions: ~ Pat Acklin ~ Ron Roth ~ Vanya Sloan (League of Women Voters) Councilor Kate Jackson is the recommended A W AC Council Liaison. Page 1 of2 ~.l' CITY OF ASHLAND Council Options: (I) The Council could decide to approve the Mayor's A W AC Committee Appointments. (2) The Council could decide to modify ( ) the Mayor's A WAC Committee Appointments. Potential Motions: (I) Move to approve the Mayor's A WAC Committee Appointments (2) Move to modify ( ) the Mayor's A W AC Committee Appointments. Attachments: A W AC Charter Page 2 of2 ~~, ASHLAND WATER REUSE AND CONSERVATION STUDY & WATER MASTER PLAN ADVISORY COMMITTEE - CHARTER - PURPOSE: Ashland is committed to undertaking an integrated Water Reuse and Conservation Study and Water Master Plan (Water Program) to address long-term water supply including climate change issues, security and redundancy, watershed health, conservation and reuse, and stream health. The Water Program will address Ashland's multiple water sources & multiple options for combining them to meet demands while considering climate change, improving reliability of supply and increasing environmental stewardship. The purpose of the Ashland Water Advisory Committee is to provide a link with the community and to involve impacted persons and interest groups with Ashland's Water Supply Planning Program and Utility. The Advisory Committee will provide critical local input to the planning and policies that will guide the Water Supply Utility to defining goals, objectives and rate structure. DUTIES: 1. Identify and prioritize community issues, goals, and concerns related to the Water Master Plan including water conservation, water recycling, public health protection, water supply reliability. and water quality. 2. Work with City staff, the Technical Review Committee, and the consultant team to adopt level of service goals for the Water Master Plan. 3. Review planning alternatives and planning recommendations and comment on their ability to satisfy the established level of service goals and address other identified community goals, issues, and concerns. . 4. Assist in gaining community input into the planning process and educating the community about water planning issues. AUTHORITY: The Ashland Water Advisory Committee (AWAC) is to be established in accordance with Ashland's committee policies and will be in existence throughout development and implementation of the program. The purpose of this Committee is to serve as an advisory group to the City and its water staff. As such, its authority will be limited to collecting information, conducting analyses and making recommendations. All position statements or recommendations of the Committee will be transmitted by its Chairman to the City Council. ORGANIZATION: The AWAC will be chaired by a person [appointed by the Mayor or] selected by fellow Task Force members. The Chairperson will establish the rules of order and conduct all meetings. Each member will have one vote except for the Chairperson who will serve as a non-voting member except in the case of ties. City staff will provide direct support to the Committee and its Chairperson. A Technical Review Committee consisting of the Director of the Talent Irrigation District, the Ashland Water Department Project Manager, Treatment Plant Operator, Distribution System Operator and Water Conservation Officer will provide technical support, input and oversight to the AWAC. MEETINGS: It is anticipated that the Committee will meet approximately once every two months over the next 16 months. The day of week and time for meetings will be established by the Task Force at its initial meeting. The actual date of each meeting will be set by the Chairperson. As the program takes shape additional meetings or subcommittee meetings may be requested by the Chairperson. An initial schedule for committee meetings with suggested agendas is attached. The agenda for each meeting will be established by the Chairperson and distributed to each member prior to the meeting. Suggestions for agenda items may be made to the Chairperson by any member. A majority of the total number of Task Force members may amend the agenda at any meeting. Position statements regarding issue papers must be approved by a majority of the total number of Committee members. The Chairperson will document issues raised by the Committee as well as any recom- mendations from the Committee and transmit them to the City. Meeting summaries will be kept by Project staff and transmitted with the agenda and supporting materials to each member prior to the subsequent meeting. All summaries or .other written communications from the Committee may be amended with approval of a majority of the total number of Committee members. Members of the Committee will not be compensated for their services or the expense of attending meetings. REPRESENTATION: Isuaaestedl City Council Member; Neighborhood/Community Group(s); School District Committee; Ashland Downtown Association; Chamber of Commerce, Home Builders Association; Ashland Hospital, Ashland Fire Department; WISE Project, Ashland Coalition, Utility System Development Charges (SDC) Committee, League of Women Voters, Environmental Group(s), othe~s. Suggested Committee size of 9. PROPOSED MEETING SCHEDULEITOPIC: Isuaaestedl . February - Kick-off, Intro to Program and background, Intro to Level of Service Goals . April - Finalize Level of Service Goals . June - Water Rights, Environmental Impacts, Climate Change . August - Supply Alternatives . October - Alternatives Analysis and Selection Workshop . December - Draft Water Reuse and Conservation Study . February - Draft Master Plan and SDC/Rates . April - Final Meeting PROPOSED ASSOCIATED MEETINGS: Isuaaestedl . March - Public Hearing (Program Intro and Public Listening Session) . May - Report to City Council . September - Public Hearing (Program Update and Listening Session) . November - Report to City Council . April - Final Report to City Council CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Public HearinJ;: on Water and Wastewater Utility Rates March 16,2010 Primary Staff Contact: Lee Tuneberg Administrative Services E-Mail: tuneberl@ashland.or.us Public Works Secondary Contact: Mike Faught Martha Bel1Ile Estimated Time: 30 minutes Question: Will Council increase Water Utility Rates 8% and add a potable water irrigation surcharge during summer months and increase Wastewater Rates 9% with a combined, average monthly impact (excluding irrigation) on a single family residence of $4.92 per month? Staff Recommendation: Staff recommends that Council adopt new rates, including a summer irrigation charge consistent with staffs proposal or as amended through discussion. The additional residential monthly cost is estimated at $2.90/month for water and $2.02/month for sewer. The estimated, average impact of the irrigation surcharge on large residential water users is $16.75 per month. Multiple changes in rates are difficult for staff to implement. Additionally, the Wastewater base charges are adjusted each April for winter water consumption. To reduce confusion and to facilitate orderly adjustments, staff proposes that approved rate increases for these funds are staggered with Water adjustments effective May 1,2010 and Wastewater rates on June 1,2010. Background: Each year the City must evaluate the need to adjust utility rates. This involves evaluating revenue trends and changes in operations. Often, contractual requirements, environmental mandates and the economy impact proposed increases. Staff also considers whether rate increases are affordable for residents. Staff proposals balance the needs of the utility with affordability to the consumer in the current economy. The percentages seem high but the actual dollar impact is provided for better understanding. Common issues between both utilities are: I. Federal and/or state mandates for treatment that must be met. 2. Treatment costs like chemicals, filtration and processing are increasing. 3. Considerable, aging infrastructure that requires routine, ongoing maintenance. 4. Debt service load is a significant element of the monthly utility charge. 5. Major additions to the system are needed and some components require upgrading or replacement. Page I of7 ~ ~~, CITY OF ASHLAND The following table provides context for these adjustments as compared to all of the enterprises managed by the City, in the recent past, what was budgeted and initial projections as presented in this year's budget document: FY 2006 FY 2007 fY 2008 FY 2009 fY 2009 FY 2010 FY 2011 FY 2012 Actual, Proposed & Projected Increases Actual Actual Actual Actual (8/1/08) Actual (4/20109) Projected Projected Projected Transportation Utility Fee 8.1% 0.0% 15.0% 3.0% N/A 3.0% 4.0% 4.0% Storm Drain Utility Fee 8.4% 0.0% 50.0% 10.0% N/A 3.0% 4.0% 4.0% Water Fees 3.5% 0.0% 6.0% 4%.7.8% 10.0% 10.0% 10.0% 5.0% Wastewater Fees ... 3.0% 0.0% 10.0% 3.0% 20.0% 40.0% 15.0% 3.0% Electric Rate Increase 0.0% 0.0% 8.7% 0.011/0 N/A 5.0% 5.0% 5.0% Electric Surcharge Elimination in FY 2008 ... .10.0% 0.0';'; -16.6% N/A N/A ... FY 2010 through FY 2012 increases dependent upon food & Beverage Tax renewal. Water Fund and Proposed Rate Increase One year ago, staff determined the Water Fund needed a 20% increase in rates but recommended only 10% to recognize that Ashland customers were struggling in the midst of recession. The potential that summer time's increased water sales would generate enough revenue to help offset fixed costs did not occur. Curtailment requirements actually reduced sales and revenue when additional costs to manage the system and treat low flow water increased. The result is a stronger need for the "other" 10% that was not implemented in 2009. The table below shows recent history of rate increases, the budgeted increase and the proposed rate adjustment recommended in this communique. Actual, Budgeted & Projected Increases 2007 Actual 2008 Actual 2009 Actual 2010 Budget 2010 Proposed Water Fees · 6.0% 4.7.8% 10,0% 10.0% 8.0% 'Proposed ,ntingent upon a surcharge for irrigation in summer months. Staff is in the process of reviewing recent revenue and expense trends in light of the 2011 budget process. An overview ofthe Water Fund is as follows: Page 2 of7 ri.' CI T Y 0 F ASHLAND FY 2009-2010 Comparison Water Water Water Water Water and Three Year Projection Budget Projected 2011 2012 2013 Carry Forward from Prior Year $ 1,834,342 $ 2,323,766 $ 1,762,219 $ 3,184,063 $ 1,033,430 Revenue: Charges for Service $ 4.469,600 $ 4,320,000 $ 4,666,000 $ 5,044,000 $ 5.401,000 Additional Revenue (May & June) 57,600 62,200 58,800 63,000 Taxes & Intergovernmental 184,850 40,100 368,540 50,000 50,000 Miscellaneous 28,010 36,000 25,000 25,000 25,000 Interest 25,000 19,015 20,000 20,000 20,000 System Development Charges 18,835 93,100 70,000 70,000 70,000 Interfund loan 80,000 80,000 Financing & other 2,526,256 903,750 2,692,500 Total Revenue 4,806,295 4,645,815 7,737,996 6,171 ,550 8,321,500 Total (Carry Forward + Revenue) $ 6,640,637 $ 6,969,581 $ 9,500,215 $ 9,355,613 $ 9,354,930 Expense: Personal Services $ 1,560,337 $ 1,491,034 $ 1,569,136 $ 1,647,000 $ 1,729,000 Materials & Services 2.484,848 2,551,821 2,596,854 2,744,000 2,799,000 Existing Debt Service 513,518 513,518 520,197 516,653 333,076 New Debt Service 120,000 66,670 107,670 259,670 352,670 SDC Projects & Debt 718.446 389,696 593.739 958,860 690,942 Other - Projects/Equipment 266,674 194,623 777,556 2,040,000 1,299,250 Contingency 140,000 151,000 156,000 166,000 Total Expenditures 5,803,823 5,207,362 6,316,152 8,322,183 7,369,938 Projected Ending Fund Balance $ 836,814 $ 1,762,219 $ 3,184,063 $ 1,033,430 $ 1,984,992 Less: Projected Restricted (SDC) $ 1,330,000 $ 2,020,000 $ 1.496,261 $ 607.401 $ (13,541) Target (City policy of 20% of Revenue) 917,000 887,000 955,000 1,030,000 1,102,000 Difference $ (1,410,186) $ 11,144,781) $ 732,802 $ (603,971) $ 896,533 Proposed increase 8.0% 8.0% 7.0% 7.0% Annualized Revenue from Increase $ 346,000 $ 378,000 $ 357,000 $ 382,000 The table above shows the importance of the proposed increase. A rate review is needed to ensure that the approved structure's base and commodity rates adequately address fixed and variable charges for a community that has significant seasonal variations including pressures caused by temperature, irrigation and dramatic shifts in tourism needs. Such a study will not be completed until a master plan identifying infrastructure needs is approved. At this time, an 8% increase can only be recommended if something is done about high summer time use such as added charges for irrigation. If such changes are not "revenue neutral" or adding some revenue then a larger increase would be needed now and in the future. The table above reflects the 8% increase for spring of201O and similar increases, dependant upon sales and capital needs in the next two years. Even with these changes the fund struggles to have sufficient cash on hand to meet operational needs, which would justify a larger adjustment Page 3 of7 ~~, CITY OF ASHLAND Irrigation Summertime water "consumption" for irrigation and other uses has an impact on supply, curtailment and rates. This water rate increase has been minimized assuming that Council wishes to use rates to assist conservation/curtailment during all summer months (June through September) as outlined in the Council Goal adopted at your last meeting. The City Council Goal is: Plan for low-water years including potentially 2010 by: o Implementing a public information and technical assistance campaign that encourages summer time conservation. o Consider the options for a summer time surcharge to encourage efficient irrigation practices prior to June 1. 2010. Research shows that summer use exceeds winter use exponentially. The higher use begins in late spring and is primarily due to irrigation. The water supply system cannot support exponential increases in treated water use for irrigation. The city needs to induce conservation beginning in June. Staff has gathered information and input from the consultant to identify the level of consumption to create an additional block at a higher rate, meant to charge more for irrigation during the summer months without denying access to water for domestic uses. Staff proposed that above 3600 cubic feet of water be the next (fourth) block and the added rate be established at 30% greater than what is charged in the third block. The 30% approximates the differential per unit sold between the other blocks. A current estimate is that this added block rate would cost an average of $16. 75 month for high water use by approximately 500 residential customers. That impact (the amount above what they would normally pay for water use above 3600 cubic feet in a month) can be reduced by conservation efforts such as drip systems in garden areas to avoid over watering and waste. Irrigation rates and curtailment efforts can be omitted from the proposed Council action and decided upon at a later time. Wastewater Fund and Proposed Rate Increase Last year staff determined the Wastewater Fund rates needed to increase 20% because Food and Beverage Tax revenues had declined and treatment costs had increased. The City had to increase rates sufficient to cover the payment on the DEQ loan on the wastewater treatment plant. This table shows recent history of rate increases, the budgeted increase and the proposed rate increase recommended: Actual, Budgeted & Projected Increases 2007 Actual 2008 Actual 2009 Actual 2010 Budget 2010 Proposed Wastewater Fees 10.0% 3,0% 20,0% 40.0% 9.0% 'Budgeted contingent upon Food & Beverage Tax not being renewed. Page 4 of7 r~' CITY OF ASHLAND During the last 6 months the F &B tax was renewed and that eliminates the need for a 40% to replace that revenue stream. The F&B tax proceeds still fall short of the DEQ loan debt service. Tax proceeds could remain flat until the economy fully recovers but staff is seeing some improvement. Estimates include a 3% growth in F&B revenue in the coming years. Staff was successful in getting the state to reduce the restricted balance needed to guarantee the DEQ loan which helps to avoid rate increases just to meet the higher level. The current budgetary review provides information for the following table: FY 2009-2010 Comparison Wastewater Wastewater and Three Year Projection Budget Projected 2011 2012 2013 Carry Forward from prior year $ 4,060,134 $ 3,710,770 $ 3,299,683 $ 2,556,128 $ 2,106,344 , Revenue: Charges for Service $ 3,426,000 $ 3,100,000 $ 3,379,000 $ 3,548,200 $ 3.725,600 Additional Revenue (June) 23,300 14,100 14,800 18,600 Taxes 1,500,000 1,600,000 1,648,000 1,697,000 1,748,000 Miscellaneous & intergovernmental 13,125 215 - 5,000 5,000 Interest 75,000 31,100 24,000 24,000 24,000 System Development Charges 16,000 39,055 40,200 41,400 42,600 Interfund loan Financing & other 450,000 346,250 385,000 Total Revenue 5,480,125 4,793,670 5,451,550 5,330,400 5,948,800 Total (Carry Forward & Revenue) $ 9,540,259 $ 8,504,440 $ 8,751,233 $ 7,886,528 $ 8,055,144 Expense: Personal Services $ 868,157 $ 856,668 $ 911,190 $ 957,000 $ 991,000 Materials & Services 2,376,886 2,413,621 2,603,611 2,736,000 2,561,000 Existing Debt Service 1,777,557 1,777,557 1,771,979 1.766,109 1,760,138 Other. Projects/Equipment 569,000 76,336 307,750 46,500 134,000 SDC Projects 677.890 52,000 396,000 61,000 20,000 New Debt Service 100,000 28,575 52,575 55,575 65,575 Contingency 150,000 152,000 158,000 165,000 Total Expenditures 6,519,490 5,204,757 6,195,105 5,780,184 5,696,713 Projected Ending Fund Balance $ 3,020,769 $ 3,299,683 $ 2,556,128 $ 2,106,344 $ 2,358,431 Less: Projected Restricted $ 2,308,948 1,830,000 1,474,200 1,454,600 1,496,800 Target (DEQ cash requirement) 1.777,457 875,490 875,490 875,490 875,490 Difference $ (1,065,636) $ 594,193 $ 206,438 $ (223,746) $ 113,859 Proposed increase 9.0% 5.0% 5.0% 6.0% Annualized Revenue from Increase $ 279,000 $ 170,000 $ 178,000 $ 225,000 Critical changes to note in the Wastewater Fund are: . Treatment plant filters have a life of 7 to 10 years. Staff recommends replacing filters through the Equipment Fund on "sinking fund" basis like other equipment. The Wastewater Fund would need to contribute a minimum of $200,000 per year to eventually have these ongoing operational needs fully funded, reimbursing any "upfront cash" paid by Equipment. Page 5 on .... w_~ CITY OF ASHLAND . There is the potential that the annual DEQ debt service could by reduced by approximately $135,000 if the City refinances the treatment plant loan with Full Faith & Credit refinancing. A financial advisor is working on this. This could better align F&B tax proceeds with required annual debt service. Two other benefits from doing this would be to remove the requirement for such a large restricted cash balance to pay the debt and eventually providing surplus proceeds (when actual tax receipts exceed annual debt service) to pay for improvements such as the filter replacements. These changes help to reduce the increase that may be needed in the future but should not be viewed as a means to reduce the proposed increase for this year. The Wastewater Fund has a positive unrestricted balance and that is primarily due to staffrequesting DEQ reduce the required cash reserve by 50%. Ashland should still strive to retain a larger amount for other operational needs. Summary Staff has done the following to minimize the need for increases: I. Capped and internalized more expenses. 2. Pushed offCIP to time related new debt service with ending debt service. Primarily, this would delay the Crowson II Reservoir Project. . 3. Developed an alternate approach to pay for wastewater treatment filters through amortized sinking fund approach. In other words, the City would not sell revenue bonds to pay for this project. There is still a rate impact from this project. 4. Reduced 20% of these funds internal franchise fees (the portion paid to the Street Fund) for one year. The Street Fund can sustain this one-year loss of revenue, and in FY 2010, these funds were directed to the new Reserve Fund. 5. Proposed an irrigation rate applicable for June- September to help avoid curtailment and potentially generate some additional reve~ue. Without these five adjustments, the combined rate increases total 14% in Water and 12% in Wastewater. Additional relief to low income residents can be considered in conjunction with these increases. Managing such a program is labor intensive and reduces the total amount of net revenue received. Thus, incorporating such discounts should be provided for through Council direction and may require a higher rate increase to assure meeting the enterprises' needs. Staff has not performed a sensitivity analysis so we do not know whether customers will reduce consumption as a result of this increase. We expect that summer water use has the most elastic demand and is likely to decline due to price increase. Both systems await a comprehensive rate study following the master plan processes. Such a study will evaluate rates required to fund necessary capital and operations and will assist in restructuring our base and consumption rates to be appropriate for our costs and fair to the customer classes. Related City Policies: Financial Management Policy Page 6 of? ~~, CITY OF ASHLAND Council Options: Council can: 1. Accept staffs proposal to raise rates. 2. Direct staff to take other steps in funding operations and financing capital needs for either or both funds. 3. Take no action and direct staff on what additional information is needed. Potential Motions: Council moves to approve the attached resolutions (as amended) raising Water rates _% May 151 and implementing summer irrigation rates from May I st to September 30lh each year (if acceptable to Council) and raising Wastewater rates _% effective June 1 st. Attachments: Resolutions Page 7 on r~' RESOLUTION NO. 2010- A RESOLUTION REVISING RATES FOR WATER SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.04.030 AND REPEALING RESOLUTION 2009-07. THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The water rate charges and rates as shown on the water rate schedule attached as Exhibit "A" shall be effective for actual or estimated consumption on or after May 1, 2010. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by the previous resolution remain in effect as per the attached until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2009-07 is repealed. This resolution was duly PASSED and ADOPTED this day of March, 2010, and the effective date is May 1, 2010 upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of March, 2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 1 of 1 CITY OF ASHLAND; OREGON. EXHIBIT "A" WATER RATE SCHEDULE 8% INCREASE RESOLUTION NO. 2010- PROPOSED MAY 1,2010 EFFECTIVE METERED SERVICE All water service provided by the City of Ashland will be in accordance with Chapter 14.04 ofthe Ashland Municipal Code. 1. WATER RATES WITHIN THE CITY LIMITS A. MONTHLY SERVICE CHARGE: The basic service charge applies to all metered water services and does not include any water consumption. . 0.75 Inch Meter 1 Inch Meter 1.5 Inch Meter 2 Inch Meter 3 Inch Meter 4 Inch Meter 6 Inch Meter 8 Inch Meter OLD $12.49/month $24.95/month $35.57/month $46.86/month $97.97/month $149.78/month $280.84/month $468.05/month B. WATER QUANTITY CHARGE: NEW $13.49/month $26.95/month $38.42/month $50.61/month $105.81/month $161 .76/month $303.31/month $505.49/month All customers will be charged the following rates per cubic feet of water used. Sinqle Familv Residential Consumption o to 300 cf per month 301 to 1000 cf per month 1001 to 2500 cf per month Over 2500 cf per month OLD $1.43/ccf $1.76/ccf $2.34/ccf $3.03/ccf Multi-Familv Residential Consumption o to 300 cf per month per unit 301 to 1000 cf per month per unit 1001 to 2500 cf per month per unit Over 2500 cf per month per unit OLD $1.43/ccf $1.76/ccf $2.34/ccf $3.03/ccf EXHIBIT A - PAGE 1 - Effective May 1, 2010 NEW $1.54/ccf $1.90/ccf $2.53/ccf $3.27/ccf NEW $1.54/ccf $1.90/ccf $2. 53/ccf $3.27/ccf Non-Residential Consumption o to 50,000 cf per month Over 50,000 cf per month OLD $2.01/ccf $2.07/ccf NEW $2. 17/ccf $2.24/ccf C. TID IRRIGATION WATER RATES: Unmetered Service $99.31/acre or portion of an acre - OLD $1 07.25/acre or portion of an acre -NEW Metered Service Base Service Charge Water Consumption Same as "An above $0.32/ccf - OLD $0.35/ccf - NEW D. BULK WATER RATE: For water provided on a temporary basis through a bulk meter on a fire hydrant, the following charges apply: Deposit' Basic Fee Cost o(Water OLD NEW $1085.95 $1,172.83 $124.66 $134.63 Same as Commercial. 'Deposit is refundable less basic fee, cost of water, and any damage to the city meter, valve, wrench, and/or hydrant. E. FIRE PROTECTION SERVICE WATER RATE: This rate shall apply to all fire protection services or fire guards. The basic service charge will be equal to the minimum basic service charge. Water will be billed at commercial rates. 2. RATES OUTSIDE THE CITY LIMITS All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. EXHIBIT A - PAGE 2 - Effective May 1,2010 3. SURCHARGE IRRIGATION RATES - WATER QUALITY CHARGE All customers will be charged the following ~ates per cubic feet of water used for the months of June through September. Sinqle Familv Residential Consumption o to 300 cf per month 301 to 1000 cf per month 1001 to 2500 cf per month 2501 to 3600 cf per month Over 3600 cf per month OLD $1.43/ccf $1.76/ccf $2.34/ccf $3.03/ecf N/A NEW $1.54/ccf $1.90/ecf $2.53/ccf $3.27/ccf $4.25/ccf Multi-Familv Residential Consumption o to 300 cf per month per unit 301 to 1000 cf per month per unit 1001 to 2500 cf per month per unit 2501 to 3600 cf per month per unit Over 3600 cf per month per unit OLD $1.43/ecf $1.76/ccf $2.34/ccf $3.03/ccf N/A NEW $1.54/ccf $1.90/cef $2.53/ccf $3.27/ccf $4.25/ccf EXHIBIT A - PAGE 3 - Effective May 1, 2010 RESOLUTION NO. 2010- A RESOLUTION REVISING RATES FOR WASTEWATER (SEWER) SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.08.035 AND REPEALING RESOLUTION 2009-08. THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The wastewater (sewer) rate charges and rates as shown on the wastewater (sewer) rate schedule attached as Exhibit "A" shall be effective for actual or estimated consumption on or after June 1, 2010. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by the previous resolution remain in effect as per the attached until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2009-08 is repealed, . 7..0 I () This resolution was duly PASSED and ADOPTED this day of March, 2Q9H~, and the effective date is June 1, 2010 upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of March, 2010. John Stromberg, Mayor Reviewed as to form: Page 1 of 1 \')\\) ~, ~. Richard Appicello, City Attorney SEWER RATES EXHIBIT "A" PAGE 1 EXHIBIT "A" CITY OF ASHLAND, OREGON SEWER RATE SCHEDULE 9% INCREASE RESOLUTION NO. 2010- PROPOSED JUNE 1,2010 EFFECTIVE All sewer service provided by the City of Ashland will be in accordance with Chapter 14.08 of the Ashland Municipal Code. L SEWER RATES WITHIN THE CITY LIMITS Single Family Residential May 2009 June 2010 Monthly Service Charge $16.18 $17.64 Quantity Charge per 100 cf $2.42 $2.64 Quantity Charge is based on average winter water consumption in excess of 400 cubic feet (cf) per month. Winter consumption is defined as the average of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings taken during the previous three months. Single family residential water accounts with no consumption during the months of January, February and March will be based on 700 cubic feet. Multi-Family Residential May 2009 June 2010 Monthly Service Charge per Unit $16.18 $17.64 Quantity Charge per 100 cf $2.42 $2.64 Quantity Charge is based on average winter water consumption in excess of 400 cubic feet per month per unit. Winter consumption is defined as the average of the water meter readings taken in the months of January, February and March. Multi-family residential accounts are all accounts in which more than one residential dwelling is ' attached to the same water service. Annually on April 1 the bill will be adjusted based on the water readings taken during the previous three months. Multi-family residential water account with no consumption during the months of January, February and March will be based at 500 cubic fe~t. Two dormitory rooms are equal to one multi-family residential unit. . SEWER RATES EXHIBIT "A" PAGE 2 Commercial, Industrial and May 2009 JlII1e 2010 Governmental Monthly Service Charge $16.91 $18.43 Quantity Charge per 100 cf $2.69 $2.93 Quantity Charge is based on actual monthly water consumption. Mixed residential and commercial accounts will be billed as commercial. For commercial, industrial or govemmentalusers where monthly water consumption is not measured through city water meters, the sewer rate will be established as follows: The annual water consumption will be determine by an estimate made by the Director of Finance who shall use water consumption records of similar users or water consumption record of past use, if available. The annual water consumption will be multiplied by the Quantity Charge set forth above and the product divided by twelve. The quotient will be added to the Monthly Service Charge set forth above. The sum shall be the monthly sewer rate for the user. This rate shall be effective beginning in the month after the rate is determined until the rate schedule is amended by resolution ofthe council. At such time the Director shall redetermine the annual water consumption and compute the monthly sewer rate using the formal asset forth above. Water consumption determined in this manner shall be lowered if the user can demonstrate through the use of a meter approved by the city that the user's actual consumption is less than the estimate. 2. ADDJUSTMENTS AND EXEMPTIONS TO COMMERCIAL AND INDUSTRIAL SEWER RATES A. If a commercial, industrial or governmental user can demonstrate that the volume of sewage discharged by the user is less than 50% of the water consumed, the City Administrator may adjust the sewer user charge accordingly. Methodologv for SDecial Cases for Citv Administrator I. Greenhouses, Churches, and Schools (grades K-12) operating on a nine month school year. May 2009 June 2010 Monthly Service Charge $16.91 $18.43 Quantity Charge per 100 cf $2.69 $2.93 SEWER RATES EXHIBIT "A" PAGE 3 Quantity Charge is based on average winter water consumption. Winter consumption is defined as the average of the meter readings taken in the months of January, February and March. Annually on April I the bill will be adjusted based on the water meter readings during the previous three months. I. Bed and Breakfasts and Ashland Parks Bathroom May 2009 June 2010 Monthly Service Charge $16.91 $18.43 Quantity Charge per 100 cf $2.69 $2.93 Quantity Charge is based on winter water consumption. Winter consumption is defined as the total of water meter readings taken in the months of January, February and March. Annually on April I the bill will be adjusted based on the water meter readings during the previous three months. B. Water sold through an irrigation meter is exempt from sewer user charge. 3. SEWER RATES OUTSIDE THE CITY LIMITS A. The sewer user charge shall apply to those sewer users permitted under Section 14.08.030 of the Ashland Municipal Code. B. The sewer rates for outside the City limits shall be two times the sewer charges for inside the City limits. Unmetered residential accounts will be calculated on an average winter usage of700 cubic feet of water for single family residences, and 500 cubic feet per unit for multi-family residences. CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Public Hearing Regarding a Request for a Noise Variance by ODOT for Ni~ht Work on 1-5 March 16,2010 Primary Staff Contact: James Olson Public Works / Engineering E-Mail: olsonilal.ashland.or.us Same Secondary Contact: Michael R. Faught Martha Benn Estimated Time: 15 Minutes Question: Will Council grant the Oregon Department of Transportation (ODOT) a variance to the City noise ordinance that will allow night work on Interstate 5 on and near Exit 14? Staff Recommendation: Staff recommends approval of a request from ODOT for a variance to the City noise ordinance resulting from night work to be conducted on 1-5 on and near Exit 14. Background: Executive Summary ODOT has requested a variance to the City's noise ordinance to accommodate expected night construction activities on the upcoming Exit 14 Bridge reconstruction project expected to begin in June, 2010. A variance is permitted under AMC Section 9.08.171A which requires that a public hearing be held and that notices of said hearing be sent to owners within a 200 foot radius of the work area. The bridge construction project is expected to take two years to complete; however, the night work is expected to only occupy a total of about eight weeks throughout the two year project schedule. Proiect Description A recent analysis of the Exit 14 Bridge over Interstate 5 (1-5) showed several structural deficiencies and that fairly immediate action was required to remedy these deficiencies. The OTIA III bundle 316 project was developed to make the necessary repairs and to improve the level of service of the interchange. This interchange currently has a level of service (LOS) of F (failed) and a volume/capacity ratio (v/c) greater than 1.00 during peak traffic hours. To remedy both the structural and operational deficiencies of the interchange the following improvements were included in the proj ect: I. Widen and repair the Green Springs Highway (Ashland Street) Bridge over 1-5; 2. Lower all lanes ofI-5 to provide 18 feet of clearance under the bridge; 3. Signalize all areas oframp intersections with Ashland Street. This will require that traffic signals be erected on both the east and west ends of the bridge; 4. Provide improved bicycle and pedestrian facilities over and approaching the bridge; 5. Install aesthetic improvements including ornamental pedestrian fence, decorative lighting, sidewalk texturing and new interchange landscaping. This project is scheduled for bid on April 25, 2010 with active construction to begin in June 2010. Page I of5 jY rf'~1J ~j.' CITY OF ASHLAND Proposed Nighttime Work: The anticipated schedule for the full construction project is shown below and is, of course, subject to the contractors schedule and progress. Stage I General Description of Work Construct first crossover, lower NB 1-5 Anticipated Schedule June 2010 - October 2010 II Remove first crossover, construct second Crossover, then lower SB 1-5 October 201O-January 2011 III Widen WB Green Springs Highway and Interchange ramps January 2011 - July 2011 . IV Widen EB Green Springs Highway July201l-January20l2 V Bridge deck repairs January 2012 - April 2012 VI Construction sidewalks on bridge, Final Paving and Striping April 2012 - May 2012 Although not all night work will exceed the City's stated noise levels, night work will be needed for at least three specified operations (Stages I, II and III). It is anticipated that approximately 3 weeks of night work will be required under each of Construction Stages I and II. The first 3 weeks (Stage I) of night work may occur during July, 2010 and the night work scheduled for Stage II in November, 2010. An additional two days of night work will be required under Stage III scheduled during June or July, 2011. Other activities such as bridge demolition may also require 1-5 lane closures which necessitate night work, some of which may be unforeseen. The total requested nighttime work should total less than eight weeks through the length of the two year contract schedule, however it is difficult to specify exact dates and an exact duration without a contract and contract schedule in place. ODOT has asked that any special provisions regarding noise control and nighttime work be identified prior to project bidding so that any conditions may be incorporated into their final construction contract. Specified Noise Control: All ODOT construction projects require some degree of noise control in accordance with the Oregon Standard Specifications (Section 00290.32, Noise Control). ORS section 467 and OAR 340-035 generally include the following: . Work within 1,000 feet ofan occupied dwelling is limited to daytime hours Monday through Saturday; . Sound control devices on equipment must be at least as effective as the original equipment; . Un-muffled exhausts are prohibited; . Equipment must comply with EP A noise standards; . Pile driving or blasting within 3,000 feet of an occupied dwelling is limited (neither are anticipated on this project). Page 2 of5 ~j.' CITY OF ASHLAND Due to the difficulty in identifying the exact dates and times for night work and for which times noise limits might expect to be exceeded, Council may wish to attach conditions to the approval of this request. Those conditions might include: . Work within 200 feet of an occupied dwelling is limited to daytime hours Monday through Saturday; . Sound control devices or equipment must be at least as effective as the original equipment; . All un-muffled exhausts shall be prohibited; . All equipment must comply with FDA noise standards; . The contractor shall notify all adjacent motels including the Knights Inn, Holiday Inn Express, Village Suites, Best Western Windsor Inn, Super 8 and Relax Inn at least 48 hours prior to any nighttime work which is expected to exceed noise standards; . Shut off idling equipment. If a specific noise impact complaint occurs during the construction of the project, one or more of the following noise mitigation measures may be required: . Locate stationary construction as far from noise sensitive properties as feasible; . Reschedule construction operations to avoid periods of noise annoyance identified in the complaint; . Notify nearby businesses whenever extremely noisy work will be occurring; . Install temporary or portable acoustic barriers around stationary construction noise surfaces; . Operate electric-powered equipment using line voltage power rather than generators. Related City Policies: AMC Section 9.08.170A establishes acceptable noise levels within the City limits. It states that: 9.08.l70A No person shall make, assist in making, continue, or cause to be make any loud disturbing or unnecessary noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others. 9.08.170B The standard for judging loud, disturbing and unnecessary noises shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhoods in which the noise is made and the noise is heard. 9.08.170C Any source of noise which exceeds the following standards is considered a public nUIsance: 1. Decibel Noise Standards Allowable Statistical Noise Levels in any One Hour 7 a.m. to 9 p.m. 9 p.m. to 7 a.m. L50 - 50 DBA L50 - 45 DBA LlO-55 DBA LlO-50DBA Ll - 60 DMA Ll - 55 DBA Where: L50 = noise level exceeded 50% of the time Ll 0 = noise level exceeded 10% of the time Ll = noise level exceeded I % of the time Page3 of 5 ~j.' CITY OF ASHLAND Under Section 9.08. 170C(5), the Council is authorized to grant a variance to the Decibel Noise Standards when it finds that strict compliance with the ordinance would cause an unusual and unreasonable hardship to a commercial or industrial use. Council Options: 1. The Council may approve ODOT's request for a variance to the City's noise standards for a period of approximately 8 weeks beginning in June 2010 and ending in May 2012. 2. The Council may approve ODOT's request for a variance to the City's noise standards for a period of approximately 8 weeks beginning in June 2010 and ending in May 2012 with the following or other conditions that the Council may deem appropriate: o Work within 200 feet of an occupied dwelling is limited to daytime hours Monday through Saturday; o Sound control devices on equipment must be at least as effective as the original equipment; o Un-muffled exhausts shall be prohibited; o Equipment must comply with FDA noise standards; o Pile driving or blasting within 3,000 feet of an occupied dwelling is limited (neither are anticipated on this project); o Rock crushing or screening within 3,000 feet of an occupied dwelling is limited (neither are anticipated on this project); o Shut off idling equipment; o The contractor shall notify all adjacent motels including the Knights Inn, Holiday Inn Express, Village Suites, Best Western Windsor Inn, Super 8 and Relax Inn at least 48 hours prior to any nighttime work expected to exceed noise standards. If a specific noise impact complaint occurs during the construction, one or more of the following noise mitigation measures may also be required: . Locate stationary construction as far from noise sensitive properties as feasible . Reschedule construction operations to avoid periods of noise annoyance identified in the complaint . Notify nearby businesses whenever extremely noisy work will be occurring . Install temporary or portable acoustic barriers around stationary construction noise surfaces . Operate electric-powered equipment using line voltage power rather than generators. 3. The Council may deny ODOT's request for a variance to the City's noise standards. Potential Motions: 1. Move to approve ODOT's request for a variance to the City's noise standards for a period of approximately 8 weeks beginning in June 2010 and ending in May 2012; 2. Move to approve ODOT's request for a variance to the City's noise standards for a period of approximately 8 weeks beginning in June 2012 and ending in May 2012 with the following conditions (or other conditions that the Council may deem appropriate): . Work within 200 feet of an occupied dwelling is limited to daytime hours Monday through Saturday; . Sound control devices on equipment must be at least as effective as the original equipment; . Un-muffled exhausts are prohibited; Page 4 of 5 ~j.' CITY OF ASHLAND . Equipment must comply with EP A noise standards; . Pile driving or blasting within 3,000 feet of an occupied dwelling is limited (neither are anticipated on this project); . Shut off idling equipment; . The contractor shall notify all adjacent motels including the Knights Inn, Holiday Inn Express, Village Suites, Best Western Windsor Inn, Super 8 and Relax Inn at least 48 hours prior to any nighttime work expected to exceed noise standards. If a specific noise impact complaint occurs during the construction of the project, one or more of the following noise mitigation measures may be required: o Locate stationary construction as far from noise sensitive properties as feasible; o Reschedule construction operations to avoid periods of noise annoyance identified in the complaint; o Notify nearby businesses whenever extremely noisy work will be occurring; o Install temporary or portable acoustic barriers around stationary construction noise surfaces; o Operate electric-powered equipment using line voltage power rather than generators. 3. Move to deny ODOT's request for a variance to the City's noise standards. Attachments: Letter from ODOT dated Jan 20,2010 Letter sent to property owners Copy of excerpts from project plans Photographs Page 5 of5 ~j.' Oregon Department of Transportation Major Projects Branch 680 Collage SI. NE Salem, Oregon 97301-2412 Phone: (503) 988-4445 Fax: (503) 986-4469 Theodore R. Kulongoski, Govemor January'20, 2010 Michael Faught, Public Works Director City of Ashland 51 Winbum Way Ashland, OR 97520 Re: Request for Noise Ordinance Val'iance 1-5: Green Springs "wy (Exit 14) - Bundle 316 Constl"Uctioll Night Wol'le Dear Mr. Faughl, To act in accordance with state and federal rules requiring compliance with local mles and ordinances, the Oregon Department of Transportation (ODOT) is rcquesting that the City of Ashland grant a variance to Ordinance 9.08.170 "Unnecessary Noise." The variance is bcing requested to perfonll nighttimc construction activities at the Green Springs Highway Interchange OTIA III Bundlc 316 project. The project will widen and repair the Green Springs Highway (Ashland Street) bridgc over Interstate 5 (1-5). In addition to the bridge widening, 1-5 will bc lowercd to improvc vertical clearance, thc ramps will bc widencd, and the ramp intersections will be signalized. Thc widened bridge will include bicyclc and pedestrian facilities. Aesthetic improvements include omamental pedestrian fence, decorative lighting, sidewalk texturing, and new interchange landscaping. A map of the project location is attached. The "Traffic Control Index" plan sheet showing the general order of constmction is also attached for your infonllation. This staging plan may be modified by the contractor after the contract is awarded, but it is our expectation that staging will be very similar to what wc'have designed and that magnitude and timing of associated noise cvents will be similar. The project's bid opening date is scheduled for April 25, 20 I O. Active constmction will begin in June 2010 and the project will be completed by May 2012. The anticipated schedule given below is our best estimate of the constmction schedule. The contractor's schedule may vary fi.OIIl this somewhat. Stage I II III IV V VI General Description of work Construct fitst crossover, lower NB 1-5 Remove first crossover, construct second crossover, then lower SB 1-5 Widen WB Green Springs Highway and interchange ramps Widen EB Green Springs Highway Blidge deck repairs Construction sidewalks on bridge, Final Paving and Striping Anticioated Schedule June 2010- October 2010 October 2010 - January 2011 January 2011 - July 2011 July 2011 - January 2012 January 2012 - Aplil20l2 Apri12012-May20l2 Night work will be needed for at least two specific operations: 1-5 Median' Work (Stages I and II) The first two stages of work involve loweling the northbound and southbound lanes of 1-5. Lowering of 1-5 must be completed in advance of the bridge widening due to the height restrictions that would otherwise be placed on the freeway. Freeway' crossovers will be used to maintain two lanes of traffic in each direction on 1-5. The crossovers include paving the currently unpaved median. In accordance with ODOT's Slandard Specifications for Construction, when the contractor perfoons work in the median requiring !lucks entering and exiting the work zone, the inside traffic lane must be closed to allow for an acceleration I deceleration area during crossover c,onstruction. Based upon traffic analysis, closing a lane on 1-5 can only be allowed between 7 PM and 9 AM Monday through Friday in order to minimize impacts to traffic. No lane closures on 1-5 are allowed between 7 PM on Friday and midnight on Sunday. Night work is anticipated intelmillently for up to 3 weeks in Stage I and again in Stage II or up to a total of 6 weeks of night work within these two stages. Based upon our preliminary construction critical path schedule, it is anticipated that the 3- week periods of night work would occur during July 2010 for Stage I and November 2010 for Stage II. Interchange Ramo Closures (Stage III) The widening of the southbound exit ramp and the nOl1hbound entrance ramp will need to be cOlUlected to the Green Springs Highway widening at the ramp intersections. This will be accomplished via an ovemight ramp closure for each of these ramps. The construction contract Special Provisions have been prepared to allow for an ovemight ramp closure between 8 PM and 8 AM for one single weekday night per ramp. This ovemight closure is not allowed on a Friday, Saturday, or Sunday night. Based upon our preliminary construction clitical path schedule, it is anticipated that these two nights oframp work.would occur during June or July 2011. It is very unlikely that this work would occur on sequential nights. There are likely to be additional consltuction activities that will require a lane closure on 1-5, such as bridge demolition or placement of temporary traffic control devices. Since lane closures on 1-5 must be perfonned at night, this means that these operations will occur at night. However, not all night work would necessarily exceed the noise levels indicated in the City's Noise Ordinance. Thereforc, a valiance would not necessalily be needed for some ofthe night work. It is difficult to specifically identifY the timing and durations ofthcsc activities. Noise control is required on all ODOT construction projects, as defined in the Oregon Standard Specifications for Consltuction. The applicable scction (00290.32 Noise Control) generally requires compliance with ORS 467, OAR 340-035, and the following: o Work within 1,000 feet of an occupied dwelling is limited to daytime hours Monday tluough Saturday; o Sound control dcvices on cquipment must be at least as effcctivc as the oliginal equipment; o Un-muffled exhausts are prohibitcd; o Equipment must comply with EP A noise standards; o Pile dliving or blasting within 3,000 feet of an occupied dwelling is limitcd (ncither are anticipated on this project); o Rock crushing or screening within 3,000 feet of an occupied dwelling is limited (ncithcr arc anticipated on this project); In addition to these standard specification requirements, thcre are other noise-reduction methods that can be required of the contractor should the constlUction activities raise noise complaints. We can also require the contractor to provide advancc notification to business owners regarding noise-generating activities on his schedule. There are no residences within 300 feet of the projcct work area. There are motels on Ashland Strcet and Clover Lanc near the work area, including the Knights Inn, Holiday Inn Express, Village Suites, and Best Westem Windsor Inn. It is requested that the City provide a variance for the consltuction period of:JUlle 20 I 0 tluough May 2012. Thc approval of a noise variance is necessary prior to the bidding period, which begins in March. If you have any questions, plcase call me at 503-986-3311. Sincerely, ~f)~L Tim Dodson, Project Manager Oregon Depal1ment ofTransp0l1ation '" '" o , > '" ... JI:,ri' ! fll. ! )i~IJ!1 ~ ~ I I' ~ II! ~ ~iEli,l' ~ R~ ~ ,'I!i' ~ f BH i ~ fIlIi!! ~~~i:~ l;hl! IB~ ,EI l .'tl,41" ~!~ ~ ' V Ifl; ~ ~~ .. ~ i i 8 I ! !d~h! ~ U!d, i In 1 flU' RUdh C!JUh I ~ H~ - g B ~ . 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U , ~ t .il g 13 , ~ . ~ o ~ , ;; ~i!1 u' U .l ~ .~ ,]j ii . .~ . ,.f ~Ij ~ ~I . ~. >; I ' ilt It h iil~ . fj . -I hI " ~ Jq! < t~ t ~~ ~~ J~I un I' ht i ~ -~ ~H J~ . ~ ~ . ~ . ~ 'm 'IT T '2~ * T S ~ ~ -~ ~-~ . > ~ 1il 0 ~ -' 0 ~ 8 0 ~ ~ f d 1 J~~ t l , dl ' .f ~ tf !t ~ 1 it d ~ l j~1 gL ~ j' ~ -, ~i " uhJn -~ Ji h~ J ~~ ~~ . ~ ~ . ~ ~ . ~ ~ ~~ 'f~ ~f~ ;;;,~ ~-~ ~-~ ~ ~ ~ ~ . ! ~ R/ U ' " "'.0 ~ 0 I !! !> a !H ~ ~ !/ :I. e l!I ~ II ~ii ~u . I d a -:i:U ~ i1:'~ I.' a . =~~ ..~I; ~ C!3 II! a ... a I g: - , u . t" U D i!i & 15 & J.. e ! . ~ 0 ~ ~ ~ e 0 l . . ~ ~ g o ~ ~ ~ 8 ~ J! "J · ~ .r .rl S~ I ti l.ls ',1. n !U u= H ~!~ hI .H HID :: il ~ - , 11 ~ ~ ~ ~ , g j " ~ a . (, o < a m ~h ~ , . . ~ ~ n j ~ ~ CITY OF ASHLAND March 8,2010 RE: NOTICE OF PUBLIC HEARING Dear 1-5 Exit 14 Neighbors: The Oregon Department of Transportation (ODOT) has tentatively scheduled the reconstruction of Interstate 5, Exit 14 interchange to commence in June of this year. The reconstruction is extensive and includes widening the existing bridge, lowering the freeway to provide additional clearance, installing traffic signals at the on and off ramps and installing bike lanes, sidewalks and decorative features on the bridge. The construction project is expected to last approximately two years. Due to heavy traffic volumes on 1-5, certain activities involving lane closures are, required at night and some activities may exceed Ashland's established noise standards as outlined in Section 9.08.170 of the Ashland Municipal Code. ODOT is requesting a variance to the noise standards to allow night construction for a total of eight weeks to be distributed over the two year construction schedule. The Ashland City Council will consider this request in a public hearing to be held on March 16, 2010.'The meeting will begin at 7:00 pm at the City Council Chambers located at 1175 East Main Street. You are welcome to attend the meeting and you may present your concerns either orally or in writing. For more information regarding this request, please contact me at 541488-5347 or email at olsonj(1l>.ashland.oLus. Sincerely, ~ ~ifzJ~ U~mes H. Olson Engineering Services Manager Engineering 20 E. Main Street Ashland, O.egon 97520 \WNI.ashland.or.us Tel: 541/488-5347 Fax: 5414488<5006 ny: 800/73S-2900 G:\pub-wrks\eng\10-0115 Exil14 & 19 B.1dgeslNighl Noise VarlancelPH Nollce 10 Neighbors 38 10.doc " o ." ~ a- M ~ S o If :!: .~ !j! " ~ .~ > ~ '0 ;Z -1l, ~ '" ." 'C '" ~ .;j :!: &l :<J 9 <> :r. j 1, ~ .!> o i I i ~ ! i I I I I , I I i >II :! ~ :!l ~ "" Ji ] .g .!> o o o '" o '" M s o s: :': !;j 8 Ii 'ij > o ~ '0 ;z -1i, ~ '" ~ 'C Ol '" ~- ..... . ' """ "- , , ~ - g '0 =: '" M ~ ~ '" :! ~ 8 ij .~ > II '0 z il, i 'C Ol 2: <:l :! ;jj :!l ~ - .. ~ .b ~ .9- <; I- I u o '" ci '" M ~ '" "- :!: .- .' / 1/ '// V L ~ S Ii 'R > l! '0 z f. ::,; n " '" 'C '" ~ <l :!: ;fl :!l <;: ~ ,. i ~ .9- .:; CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Review of Exit 14 Interchan~e Plan March 16,2010 Primary Staff Contact: Public Works/Engineering E-Mail: Community Dev . ment Secondary Contact: Martha Bennet Estimated Time: Michael R. Faught 552-2411 fau ghtm(al,ash land. or. us James H. Olson 552-2412 30 minutes Question: Will Council review plans for the Exit 14 interchange reconstruction and provide direction to City and ODOT staff for recommended changes? Staff Recommendation: Staffrecommends that the Council review the plans for the Exit 14 interchange re-construction and carefully consider the various options put forth for the lane configurations through the two signalized intersections and across the bridge. Background: Executive Summarv City staff has carefully reviewed the plans for the Exit 14 project and have compared the plans with previously stated goals, City standards, aesthetic committee recommendations, traffic demands and bicycle and pedestrian needs. In general, it was determined that the plans adequately addressed the City's expectations except in the area of bicycle safety in the area approaching and through the signalized intersections. Several options have been developed and discussed with ODOT which staff feels more adequately provides for bicyclists along the facility. Those options will be discussed further, with a preferred option identified in the following sections of this communication. Proiect Description A recent analysis of the Exit 14 Bridge over Interstate 5 (1-5) showed several structural deficiencies and that fairly immediate action was required to remedy these deficiencies. The OTIA III bundle 316 project was developed to make the necessary repairs and to improve the level of service of the interchange. This interchange currently has a level of service (LOS) ofF (failed) and a volume/capacity ratio (v/c) greater than 1.00 during peak traffic hours. To remedy both the structural and operational deficiencies of the interchange the following improvements were included in the project: 1. Widen and repair the Green Springs Highway (Ashland Street) Bridge over 1-5; 2. Lower all 1-5 lanes to provide 18 feet of clearance under the bridge; 3. Signalize all areas oframp intersections with Ashland Street. This will require that traffic signals be erected on both the east and west ends of the bridge; 4. Provide improved bicycle and pedestrian facilities over and approaching the bridge; 5. Install aesthetic improvements including ornamental pedestrian fence, decorative lighting, sidewalk texturing and new interchange landscaping. This project is scheduled for bid on April 25, 2010 with active construction to begin in June 2010. Page I of4 ~j.' CITY OF ASHLAND Proiect Need This interchange was extensively analyzed during the 3-year long Exit 14 Interchange Area Management Plan (lAMP) process which concluded in 2008. As a function of this analysis, a Traffic Analysis Report (TAR) was conducted in August of2006. Excerpts from that report are attached as exhibits to this communication. The report deals with current and future traffic demands and was the basis for the design of the bridge and signals. The report indicates that the following existing movements are currently failing and would become even worse in the future: 1. 1-5 Southbound Ramps - The south bound left turn, through and right turn movements have a volume to capacity (V/e) ratio of greater than 1.00 and a level of service (LOS) ofF (failed). 2. 1-5 Northbound Ramps - The north bound left turn, through and right turn movements have a V/C of greater than 1.00 and a LOS ofF. These rating indicate that there is major congestion, and operational problems at the interchange. The interchange also has numerous safety problems that are made apparent by the extremely high number of vehicle crashes at the interchange. A count of traffic crashes by City staff indicates that 31 vehicle crashes have occurred between June 1998 and December 2009. Of that total, four crashes involved pedestrians and/or bicyclists. A summary and map of the crashes is attached. This is an extremely high crash rate for a single area and indicates a pressing need for safety and operational improvements at the interchange, and staff fully supports ODOT's efforts to move this project along as quickly as possible. A review of the crash reports indicates that the proposed improvements could have prevented at least 20 of the reported crashes including all of the bicycle and pedestrian related crashes. A delay of this project could result in thousand of dollars incurred in personal injuries and vehicle and property damage. Aesthetic Advisorv Committee Early in the project development stage an ad hoc Aesthetics Advisory Committee was appointed by the Mayor to work with ODOT to develop an "Ashland" theme for the bridge and to recommend special amenities to be incorporated into the design. Some of the improvements resulting from the committees actions include: . Ornamental pedestrian fence . Decorative lighting . Sidewalk texturing . Concrete coloring . New interchange landscaping The landscaping improvements include new drought resistant plantings and a decreased grass area. Although the present plan includes an irrigation system utilizing the City's potable water system, ODOT has agreed to place all necessary conduits and pipelines that lie under paved or structural areas ,to accommodate a future connection to the TID irrigation system. This work does not yet show on the project plans, but will be added as a change order. Structural Review City engineering staff has reviewed the structural elements of the bridge and have found them to be acceptable and offered no areas of needed change. Page 2 of4 ~j.' CITY OF ASHLAND Transportation Commission Review The Ashland Transportation Commission (TC) reviewed the aesthetics of the bridge on November 19, 2009 and reviewed the structural and operational aspects on February 18, 2010. Although the review of the bridge aesthetics resulted in an approval of those elements of the design, the Commission had issues with the elements of the design dealing with the way in which bicyclists were routed across the bridge (see attached TC Exit 14 comments). Following the TC's review and subsequent list of concerns about the proposed Exit 14 striping plan, staff engaged Kittelson & Associates (the transportation engineering firm selected to complete the City's Transportation Plan update) to provide traffic design options that would keep the bike traffic on the curb side of the overpass. To that end, Kittelson & Associates provided three potential striping options that would improve bicycle safety and still meet vehicular operating standards. Kittelson & Associates evaluated three potential concepts that keep the bicycles on the outside with bicycle crossing signals at the ramp terminals. Those concepts are as follows: Concept I: Shared 12' pedestrianlbike path with bicycle crossing signals at the ramp terminals (see attached concept drawing) . This concept avoids the bike lane transition across a right-turn lane by moving the bicycle lane to the outside of the turn lanes and on to a shared 12-foot pedestrianlbicycle pathway that is behind the curb with bicycle crossing signals at the ramp terminals. Concept 2: Right-Lane Merge (see attached concept drawing). . This concept avoids the bike lane transition across a right-turn lane by merging the two eastbound travel lanes down to one lane in advance of the interchange. This eliminates the late lane change safety issues of the drop-lane right-turn lane and improves safety for bicyclists by eliminating the lane cross-over. This concept requires some curb work on the south side of the highway, west of the interchange, which results in the closure of one driveway. Concept 3: Four-Lane Cross-section (see attached concept drawing). . This concept was developed based on the proposal from a citizen but is designed to city standards which include a 2-foot striped median, II-foot travel lanes, 6-foot bike lanes, and 6-foot sidewalks on both sides. This concept eliminates the bike lane transition across a right-turn lane by converting the right-turn lanes in to shared through/right-turn lanes with the trap lane occurring as a left-turn lane at the northbound on-ramp rather than as a right-turn lane. Of the three concepts, Kittelson & Associates is recommending that concept I is the preferred option as it keeps the bicycles on the outside with bicycle crossing signals at the ramp terminals. In contrast, Pagc3 of 4 ~j.' CITY OF ASHLAND concept 2 requires the construction of new curb and the removal of one driveway by Washington Street. Concept 3 creates shared through/left turn lane at the southbound on-ramp where low left-turn volumes can result in an increase in probability of rear-end collisions and creates a trap lane at the northbound on-ramp. Council Options: 1. The City Council could decide to support ODOT's striping plan as designed and take no action. 2. The City Council could decide to support Kittelson & Associates preferred striping plan that keeps the bicycles on the outside with bicycle crossing signals at the ramp terminals 3. The City Council could decide to direct staff to look at other striping :(~~r~ Potential Motions: ~ ~ 1. Move to support ODOT's proposed Exit 14 striping plan as designed. ..... 2. Move to direct staff to continue working with ODOT staff to implement Kittelson & Associates preferred Exit 14 striping plan (Concept 1) that keeps the bicycles on the outside with bicycle crossing signals at the ramp terminals. 3. Move:: to direct staff to explore other Exit 14 striping plans. Attachments: A. Traffic analysis from the lAMP report B. Crash report C. Kittelson & Associates Concept 1-3 Drawings D. Transportation Commission minutes of February 18,2010 Page 4 of4 ~.. ._~ EXHIBIT A Section 3: Summary of Ex/sting Conditian Analyses 3. Summary of Existing Condition Analyses Introduction and Background This section provides a summary of existing traffic operations analysis findings relaled to 1-5 Interchange 14 (Green Springs Interchange). Analysis of existing and future conditions was originally conducted for the Traffic Analysis Report (TAR) forI-5lnlerchanges 14 and 19 (Green Springs and North Ashland Interchanges), dated August 22, 2006. This lAMP effort focuses specifically on Interchange 14. A separate lAMP addressing Interchange 19 is being prepared concurrently with the Interchange 14 lAMP project. Although the TAR analyzed future traffic operations, this section reviews only the scctions of the TAR pertaining to existing conditions. The analysis perfonned for this lAMP project developed revised future traffic volume projections that were based on a new regional travel demand model. This memorandum also provides an inventory of existing roadways and safety analyses presented in the TAR. Analysis Area The Green Springs Interchange consists of a standard diamond interchange in the southeastern area of Ashland. Ashland Street (OR 66, Green Springs Highway) is the cross street, which connects with OR 99 (Siskiyou Boulevard) approximately one mile to the west. The existing interchange comprises a two lane bridge (OR 66) over 1.5 with unsignauzed ramp lenninals at both ends. The bridge and ramps are functionally obsolele to serve long-range transportation needs. The Green Springs Interchange analysis area stretches along OR 66 between its intersections with Tobnan Creek Road and Oak Knoll DrivelEast Main S1reet. The overall length of this roadway segment is close to one mile and is characterized by suburban commercial development with multiple closely-spaced private accesses. April 1008 11 Draft 1.5 Interchange 14 Area Management Plan '- I ) ! Ashland Sl OR 66) Jl L' Ashland 51 (OR 66) ...... - ~ \ ~ ~ 1 ~I J=~ :~Sl\ '" f~1 frV' .>.,-:::J ~ __ ..........". 1> '1:0 ~ .;-,~ ---..." .~ ~ <! ~ ~.JeP.r~~ i'll~ "..../ 'fl 'iI> i r ~ ....' ll'l\:~........ ~~ ~:' ;a \'$1;'11;...;,- ", .......... ... ......""it \\ ~'l>.~ :OJ f '. -j "';;'~ Iii "<~ -~~i'-...,_ -~.,,,{"'- ""'~ry;d ...j, ~"-~."-,,,} ~"~~~~e"i}----- ~ ~A!,=_ ",; .' I-'--j! \ g ~' w, '---'1' \ " i ~ ~ \ V'\ rl ! ~!,-.__I~~~ .~ . i" ....!.!!T!lll.llrt -'- t" r ~' \*'- 'i' "--:"~~'!IIT ._ ! '~llKl!'!.!!..J 3 I ,:1 '\\'t ....._ "'-C:-~.fl("" . ~.._~ ._-,~ 1.. i,' -a U1) ~ /\ ~ -,--..----- """ T I ~ ~f'~:c r" r'-.'-' _', ____-l_~_ "'~;-:''''''':.>, ~ C'.....;il J-o;..'i!.~i~ ( ! l'..Ir).~ ~ ~J v.", '.~ j, "'-:1."'! I '" \ ;~ -~--l ''\S><s: /, zl ><1 . ~!.~r~ I .~~~'_.\ \:, "1> 71l:l~:1 ~I I ,-'-...,"<t...., ,I 1 I .", .b,/ . / ' ~;" " "L '-.;....1.f~"*"" I'! \ "'I ,F II"; l>'! . - J' .,It.... ~r!\' :c,! 51 t ~ r,. ,..<~ 'LV~" ~ ; "-"',' 0/' ~o · -- - '" 1;; I r~ 1:'. .. ~ ~~~ol ~... '~ ,J ~i ! I rl -f....;, '~1- o --~ 0 , J: f ,~ z' . 01 ' .. II ~; '!I ~ ~i I..". .., . :f ' ~ ~ I ~ ....1 i >$> if 1_---VI.~!,.;sr. ... ~ ~ i I "f"" n"";N:.' ;---; L'!~J -\~../ ~-e I , . ~ L,';j;' t I Sf f"'''''' " ,"-'~' ....;}r ) ---l .-. 't!- ~ Ie I ~_,l~&.~St l~, i '>',,~i..j' <t '''i\. ,,:'_>i!'''''''''wr , . !H1;-'i. .J ~ '~..,,! 'J , /~ _.. ;; ~ ..:::..... . --: ;c,' - \ .....~,;/ ~l!:!.'i:/.v~ ~ ~/ ~ ~"'~ ~Il. ' ~ " .":Y..v. 1 (~_~ L": [~hlandSt{OR66) /' ~?~{.> '. _"', I . .'-....... - +- - -. T rmr I;J/' ~/..", ....../ ~+;' ~-' R-.~/ <'J~,/ / i , ..L \ ~. .. \~"J'... 'i' ii /~ jl ~\ 1 " \--..../ \. ~I r......" \ili<-?", 0 J",~I (/.--..;....'~, I' ~Q!El!!~~.~ ./ ., , . l" ... 1 , 'l.. < <,.,-" '1 ';<;;:~_. f .Ill \. .' y ...._( / 'if V -. ..- y o i I I I J Legend Fe" ... ... lAMP Management Alea Figure 3.1 Existing Lane Configurations and Traffic Control DevIces ~ 1,2DO 800 - - 1,200 GIS Data Sources: City of Ashland and Jackson Coun(y = Traffic Signal ~ Stop Sign lnterchange 14 (Green Springs) Area Management Plan Section 3: Summary of Existing Condition Analyses Table 3-3-1. Analysis A.... Roadway Inventory Jurisdiction OOOT FUDcti9nal Classification Interstate Hwy, NHSs. FR6 Interstate Hwy, NHSS.'FR6 Operational Standard (vie rallo) RoadwaylHighway Name [.5 (pacific Highway No.1) 1-5 Ramp teoninal Intersections Ashland Street (OR 66, Green Springs Highway) Tolman Creek Road City Funmonal Classification Posted Speed Lanes OHP' RDM' City' ODOT 65 4 0.80 0.75 ODOT 0.85 0.75 ODOT City of Ashland District Hwy Boulevard Avenue Neighborhood Collector Local Street Avenue Avenue 35 30 2.3,5' 2 0.90 0.85 0.90 0.90 Washin,gton Street Clover Lane Oak Knoll Drive East Main Street Notes: I. Source: 1999 Oregon Highway Plan (OHP), Table 6. Standards apply to planning and design projects of existing and no-build conditions through the planning horimn (2030). 2. Source: 2003 Highway Design Manual (HDM), Table 10-1. Standards apply to planning and project design projects ofbuild conditions through the planning horizon (2030). 3. Five lanes west of 1-5, 3 lanes between 1-$ and Sutton Place, 2 lanes on 1-5 overcrossing and between Sutton Place and Oak Knoll Drive/East Main Street 4. Ashland Municipal Code requires that traffic operations on City facilities do not exceed capacity (vie < 1.00) and defers to ODOT standards for intersections with State highways within the City. OHP District Highway mobility standard u shown. 5. NHS: National Highway System 6. FR: Freight Route Traffic Counts City of Ashland City of Ashland City of Ashland City of Ashland 25 2 2 2 2 0.90 0.90 0.90 0.90 Traffic counts, conducted on May 16, 2006, consisted of 16-hour and 3-11our AM and PM peak period counts at analysis area intersections, and a 24-hour count on the 1-5 mainline. The counts included full FHW A 13- olass vehicle classifications. Table 3-2 below provides a list of all intersection coontlocations including the coont type. Table 3-3-2. Intersection Turnine Movement Count Locations and Types Location Type of Count 1-5 mainline. both directions. North crGreeD Sprin~s ]nterchan~e 24 bour OR 66 (Ashland Street) at Tolman Creek Road 16-hour (6 AM - 10 PM) Ashland Street at Washington Street 3.hour AM and PM Green Springs Interchange 14: Southbound Ramps at Ashland Street 16,hour (6 AM - 10 PM) Greco Springs Inrerchange 14: Northbound Ramps at Ashland Street 16-hour (6 AM - 10 PM) Ashland Street at Clover Lane 3-hour AM and PM Ashland Street at Main Street / Oak Knoll Drive 3-hour AM and PM N<lte: All ~6-houcarid l-bom counb conducted May 16,2006. 24-hour 1-5 mainline countClUldllCtEd from 22:00 May lS to 22:00 May 16,2006. April 2008 24 Draft 1-5 Interchange I4 Area Management Plan Section J; Summary of Existing Conditicn Analyses Traffic volumes are typically subject to seasonal variation. Therefore, the traffic counts conducted in May needed to be seasonally adjusted to roughly correspond to traffic volumes that are seen in the peak montb, which is typically July or August. The ODOT Transportation Planning Analysis Unit (TPAU) has developed procedures to convert traffic volumes taken at any time of the year to peak month volumes. The TAR employed the TP AU methodology to adjust the May 2006 volumes. Year 2006 seasonally adjusted pM peak hour volumes are shown in Figure 3-2. Existing Traffic Operations Intersection Analyses Table 3-3 summarizes the results for all analysis area interseCtions and also presents agency operational standards to enabte comparison with intersection results. Table 3-4 summarizes queuing on critical approach legs at the same intersections. Critical movements at unsignalized intersections are typically the minor street left turns or, in the case of single-lane approaches, the minor street approaches. These movements are required to yield to all other movements at the intersection and thus are subject to the longest delays and have least capacity. Left turns from the major street are also subject to delays since motorists making these maneuvers must also yield to on-coming major street traffic. Table 3-3. Exisliug (Year 2006) PM Peak Hour Traffic Operations Analysis Results Intersection CrUical Movement vie Ratio LOS Operational Standard Ashland St (OR 66) & Tolman Creek Rd Ashland St OR & Washln ton Sl Ashland St OR & 1.5 SB Ram s Ashland St OR 6 & 1-5 NB Ram Ashland St (OR 66) & Clover Lane Ashland St (OR 66) & E. Main/Oak Knoll Notes: 1. 1999 Oregon Highway Plan Mobility Standards (Table 6) 2.2003 ODOr Highway Design Manual Mobility Standards (Tabte 10-1) 3. Ashland Municipal Code requires that traffic operations on City facilities do not exceed capacity (v/c < 1.00) and defers to ODOT standards for intersections with State highways within the City. OHP District Highway mobility standard is shown. 4. Signalized intersection. LOS and vIe are for overall intersection. n/.' NBL SBLrrIR NBLrrlR NBLIR SBL' 0.52 0.69 c c (vie ratio) OHP' RDM' 0.90 0.85 0.90 0.85 0.85 0.75 0.85 0.75 0.90 0.85 0.90 0.S5 CIty> 0.90 0.90 0.26 0.24 A B 0.90 0.90 April 2008 25 Drajll-51nterchange 14 Area Management Plan '''''l'':l5L ~) L \ 115~ -... 690 -... cnr" SBU17R __ 230 3S -. m: > 1.00 .,-- 1S ..~~ - .,,#,/ ;,l"/ "I ,// . if/ ~.p' Ashland Sf: [OR 68) '- ~ j;rt ~ / A:lhlandSi\ (OR 55) \ 90--'" ~15 \ 4t\O--.. "*..,,.~ +---450 20 -... .,-- 160 '71LC~ ...~~~~'~<JI 85 I ~ . l~ ! ~11r.rn::: <5 , Ashland 8t (OR 66) ',.#'" .~ "(> r\ / \. ~"---C'':'--'''~'' . I ) .~ I /- ,. / "-~$;'\ .ti.t i 4/ j .. (.~/ / , ,.. ,..<... I, i \J~/ r~ 1;~~ \~I"'- ! ~ <;~ " J 1,;/ \ -i,1 Y .p.~&:!~ t-.~ :tY' (f:~ ....,/ ..,. / ,,~ ..~ --~ 430 --1- em "NB1ITIR '"'-- 110 3!IS ___ vk> '.09 +--225 ti i ~~i(~ ,.... ';'..]'.1'''- :'...." / ~ _\"j' \.,..,,) \.: ............. ~ ~ 70 25 \'l.:,'. : ~/ '1. f ( \J~~ 1,-, ~ \, ..._--, j f '-...QMt'nll' /",- ',' l /, ~. Pt1Y '<',"'>. ".....-#...-.--... , ','(J/ I ....V ~ Iii )/ 355 --+ +- 320 ~"'NBLIR 71t -. We"'O.29 .,- 10 , , \ , ", Feel ... . ~ lAMP Management Area \ \ Fig u re 3-2 Existing (2006) PM Peak Hour Traffic Volumes and Intersection Operations Interchange 14 (Groen Springs) Area Mana amont Pia" ~ 1,200 600 0 - - 1,200 Legend GIS Data Sources: City of Ashland and Jackson County cm"CrllalIMoY_I($taplDllrolledl~, It/o~ Intonecaon VtJ!\l1flll Cap. {u1gna!ZGd ~lerNdlDnt' Crlllcal Movtmunt Vol~to ca~lldty(lStopcontroll\lll Inloructlans Table 3-4. E.isting (Year 2006) 30th Highest Hour 95th Percentile Queues 95% ~over,ncDt (>neue 125 ISO' 100'. 100' 25 75' 50 675' 600' 375 50 75 50 75' Section 3: Summary of Existing Condition Analyses Intersection Ashland St (OR 66) & Tolman Creek Rd Ashland St (OR 66) & Washington St Ashland St (OR 66) & 1-5 SB Ramps Ashtand St (OR 66) & 1-5 NB Ramps Ashland St (OR 66) & Clover Lo Ashland Sl (OR 66) & E. Main/Oak Knoll EBL WBL NBL SBL WBL NBL WBUf SBLrrlR EBUT NBUfIR WBUf NBLIR NBUfIR SBL Notes: 1. Storage bay at or above capacity. 2. Queue extends into ramp deceleration area. 3. Queue extends into adjacent intersection(s). Under seasonally adjusted volume conditions, analysis shows that critical vie ratios at both ramp tenninal intersections exceed mobili1y standards and also that demand exceeds available capacity. Queuing on both exit ramps, and especially the southboWld ramp, is significant because of limited gaps on Ashland Street for left turning vehicles, combined with substantial right-turning volumes from the southboWld exit ramp. The 9Slh percentile queue on the southbound exit ramp is calculated to extend into the deceleration area of the ramp. Left turning vehicles from easthound Ashland Streetto the northbound 1-5 entrancc ramp are delayed because of confliots with high westbound through volumes. These delays resutt in queuing over the bridge that is calculated to spill over into the southbound ramp tenninal intersection. [t should bc noted that it is impossible to measure existing intersection opcrating conditions at a vlc of greater than 1.00, even though Table 3 appears to indicate othelWise. Volume to capacity ratios in excess of 1.00 cannot occur, but rather represent conditiollJl where demand exceeds capacity. For existing conditions. vlc ratios in excess of 1.00 result from the application of seasonal adjustment factors to existing volumes. The vIe ratios greater than 1.00 shown in Table 3 resulted from analysis based on seasoimlly adjusted volumes. Freeway Ramp Merge/Diverge Analysis Analyses were conducted for each of the merge and diverge scgments for the entrance and exit ramps at the interchange under existing 30" highest hour traffic volume conditions. The analyses showed that traffic operations at each of the ramp merge and diverge sections meet the OHP mobili1y standard for interstate freeways. April 2008 27 Draft 1-5 Interchange 14 Area Management II/an Section 3: Summary of Existing Condition Analyses Safety Analysis The TAR conducted a thorough safety analysis to determine if there were any significant documented safety issues within the analysis area and to recommend measures at specific locations or general strategies for improving ovcrall safety. The safety analysis included a review of crash history data supplied by the ODOT Crash Analysis and Reporting Unit for the period between January 1,2002 and December 31,2004, which were the three most recent full years for which crash data was available at the time. The analysis also examined ODOT Safety Priority Index System (SPIS) data and compared calculated crash rates from analysis area roadways with statewide averages. Overall, analysis found no apparent crash patterns at any of the study area intersections or freeway segments, and no single intersection demonstrated a significant safety problem. However, taken together, the crashes on Ashland Street between the 1-5 northbound and southbound ramps warranted a SPIS score ranking in the top 10% statewide. A total of eleven crashes were reported during the three-year study period on Ashland Street between Clover Lane and the 1-5 southbound ramps. These crashes resulted in a total of six injuries. The primary types of crashes documented along this segment were turning and rear end. Rear end crashes are often caused by driver inattention in congested conditions, while the turning crashes may be a symptom of drivers accepting small gaps at unsignalized intersections. The TAR identified three actions that could contribute to greater nominal safety along the Ashland Street corridor: . Installation of traffic signals at the ramp terminals . Consolidation or elimination of access points in the vicinity of the ramp tenninals . Geometric improvements to roadway associated with construction of new interchange overcrossing ofl-5 at Ashland Street. Future Conditions The TAR provided traffic operations analysis of interchange area roadways for no, build and various build alternatives under future traffic conditions: 2010 year of build and 2030 plan horizon year. The analysis was prepared prior to completion of the new Rogue Valley MPO Transportation Demand Model (RVMPO model), which did not include data for the Ashland area. Consequently, future traffic vohunes were developed using a TPAU-approved methodology that involved determination of growth factors based on historical growth. In the inteIVeniog months~ the RVMPO model has come online. Therefore, the analysis performed for this lAMP and discussed in the following section used revised future traffic volume projections based on the projected population, household and employment data used in the RVMPO model. Access Management The TAR provided an assessment of existing public and private accesses along Ashland Street within the interchange intluence area, as well as a review of access management standards as listed in the 1999 Oregon Highway Plan (OHP). According to the OHP Table 16: Minimum spacing standards applicable to freeway interchanges with two- lane crossroads specifies the following minimums for fullv developed urban area type: . 750 feet distance to the fIrst approach on the right;'right in/right ant April 2008 28 Draft 1-5 Interchange 14 Area Management Plan Section J: Summary of Existing Condition Analyses . 1320 feet distance to the fl1'St intersection where left turns are allowed . 750 feet distance between the last right in/right out approach and the start of taper for the entrance ramp The TAR noted, however, that increasing the number of lanes on Ashland Street over 1-5 may cause stricter spacing standards to apply. OHP Table 17: Minimum spacing standards applicable to freeway interchanges with multi-lane crossroads specifies a longer distance (990 feet, instead of 750 feet) as the minimum distance between the last approach road and the start of the taper for the entrance ramp. The TAR listed the following non-conforming accesses in the vicinity of Green Springs Interchange 14: . The intersection of Tolman Creek Road is less than 1320 feet from the southbound ramp terminal. The distance is estimated to be approximately 1100 feet. ' . The intersection of Washington Street is less than 1320 feet from the southbound ramp tenninal. The distance is estimated to be approximately 350 feet . The intersection of Clover Lane is less than 1320 feet from the northbound ramp terminal. The distance is estimated to be approximately 250 feet. ,. The intersection of Sutton Place is iess than 1320 feet from the northbound ramp terminal. The distance is estimated to be approximately 750 feet. . Driveways serving high-volume commercial establishments on both sides of Ashland Street to the east and west ofI-5 are less than 1320 feet from tbe ramp terminals. No determination was made as to which public and 'private approaches have valid access permits. The TAR provided a list of changes to the local street network that would be necessary to fully comply with the OHP Access Management Standards. Most of the changes consisted of relocating streets away from the interchange crossroads. Specific access management actions arc identified in Section 6 ofthe lAMP. Bicycle and Pedestrian Facilities The TAR provided a discnssion of the provision of pedestrian and bicyclo facilities as a component of the interchange improvement project. This'section provides a snmmary of this discussion. Oregon Revised Statues (ORS) govern the provision ofbieycle and pedestrian facilities. ORS 366.514 (Use of highway fund for footpaths and bicycle trails) specifies, in part, that "...reasonable amounts shall be expended as necessary to provide footpaths and bicycle trails, including curb cuts or ramps as part ofthe project. Footpaths and bieycle trails, including CIIrb cuts or ramps as part of the project, shall be provided wherever a highway, road or street is being constructed~ reconstructed or relocated." ORS 366.514 does provide for exceptions. ORS 366.514 (2) states: "Footpaths and trails are not required to be established uoder subsection (1) of this section: <aJ Where the establishment of such paths and trails would be contrary to public safety; (b) If the cost of establishing such paths and tmils would be excessively disproportionate to the need or probable use; or April 2008 29 Draft 1-5 Interchange 14 Area Management Plan Sech'on 3: Summary of Existing Condition Analyses ( c) Where sparsity of population, other available ways or other factors indicate an absence of any necd for such paths and trails." There are numerous examples of interchanges being designed with specific facilities for pedestrians and bicyclists. The South Medford Interchange, which is scheduled for construction during 2006 through 2009, is one example near Ashland. No evidence has been preseuted to suggest that improvements designed to accommodate pedestriaos and bicyclists at the Green Springs Interchange would be contrary to public safety. The cost of providing bicycle and pedestrian facilities was not estimated. The cost of building the project without bicycle and pedestrian facilities also was not estimated. Such cost estimates were beyond the scope of the TAR, so no judgment was made as to whether the cost of providing such facilities would be ~'excessively disproportionate." The Ashland area is well known for outdoor activities, including bicycling and walking. Additionally, the TSP and Comprehensive Plan emphasize that the transportation system should accommodate all travel modes, including walking and biking. Pedestrian and bike facilities are located along Ashland Street on both sides of the interohange. The narrow roadway width on the interchange overcrossing roadway presents a significant barrier to use by pedestrians and cyclists. The TAR noted that it would be unlikely that the "absence ofany need" criterion could be met to justifY elimination offacilities for bicyclists and pedestrians at the interchange. ODOT's usual signal plans provide for prefonned detector loops in bicycle lancs and pushbuttons for actuation by pedestrians. The design for the South Medford Interchange used these features. Low volumes of bicycle and pedestrian activity during the peak hour are unlikely to have any measurable impact on traffic signal operations when actuated signals are used. Actuation by pedestrians may cause more time to bo given to a particular movement than would be required for the vehicles for that cycle. Pedestrians and bicyclists may also cause motorists to be delayed when making certain turning movements, such as right turns. Potential conflicts between motorists and pedestrians and bicyclists were judged to be so low at both intersections that no adjuStments were considered in the TAR when evaluating peak hour traffic operations. The decision by the traffic engineer to evaluate peak hour traffic operations without specifically testing for the presence of pedestrians should not be used as justification by the roadway or signal designers to eliminate crosswalks, curb ramps, pedestrian signals, or detection. The rondway and signal designers should comply , with appropriate provisioos from ODOT's Highway Design Manual and the Manual on Uniform Traffic Control Devices. ' April 2008 30 Draft 1-5 Interchange 14 Area Management Plan EXHIBIT B Traffic Accident details (reported) Ashland St at Exit 14 Junc 1998-Dcc 2009 Wednesday, June 10, 1998 at 1:32 am. Single vehicle accident, fixed object. Injury. Friday, June 19, 1998 at 12:49 pm. Multi-vehicle accident. Injury. No detailed report. Thursday, August 20, 1998,4:21 pm. Multi-vehicle accident, rear crash. Injury Sunday, September 6, 1998 at 1: 11 pm. Multi-vehicle, accident. Non-injury. No detailed report. Monday, February I, 1999 at 6:27 pm. Multi-vehicle angle crash. Non-injury. Saturday, July 4, 1999 at 10:08 pm. Multi-vehicle angle crash. Non-injury. Friday, July 30, 1999 at 5:05 pm. Multi-vehicle rear crash. Non-injury. Saturday, November 27,1999 at 3:50 pm. Multi-vehicle angle crash. Non-injury. Tuesday, January 15, 2000 at 9:37 am. Single vehicle crash with ped. Ped and driver both injured. Tuesday, March 27, 2001 at 2:54 pm. Multi-vehicle rear crash. Non-injury. Saturday, May 12,2001 at 6:28 pm. Multi-vehicle angle crash. Injury. Saturday, May 19,2001 at 1:13 pm. Multi-vehicle angle crash. Injury. Saturday, August 4,2001 at 9:50 pm. Multi-vehicle head on crash. Non-injury. Thursday, October 18, 2001 at 3:59 pm. Multi-vehicle rear crash. lnjui'y. Tuesday, January 8, 2002 at 6:44 pm. Multi-vehicle angle crash. Non-injury. Tuesday, April 8, 2003 at II :05 am. Mulli-vehicle head on crash. Injury. DU!. Thursday, July 17,2003 at 3:35 pm. Single vehicle collision with ped. Non-injury. Wednesday May 19,2004 at 9:33 pm. Multi-vehicle crash involving bicyclist. Biker injured. Saturday, July 17, 2004 at 12:25 pm. Multi-vehicle rear crash. Non-injury. Sunday, January 16, 2005 at 1 :58 pm. Multi-vehicle angle crash. Non-injuiry. Sunday, April 10, 2005 at 8:24 pm. Multi-vehicle angle crash. Injury. Saturday, July 9, 2005 at 4:43 pm. Single vehicle crash with fixed object. Non-injUlY. Thursday, July 14, 2005 at ]0:35 am. Multi-vehicle angle crash. Non-injury. Thursday, Deccmber 29, 2005 at 5:50 am. Multi-vehicle angle crash. Non-injury. Thursday, March 30, 2006 at 5:16 pm. Single vchicle crash withped. Ped injured. Sunday, February 4, 2007 at 1] :57 am. Multi-vehicle side crash. Non-injury. Tuesday, March 29, 2007 at 8:29 pm. Multi-vehicle angle crash. Non-injury. Sunday, May 27, 2007 at 7:46 pm. Multi-vehicle rear crash. Non-injury. Sunday, October 14, 2007 at 6:19 pm. Multi-vehicle angle crash. Non-injury. Monday, January 21, 2008 at 3:33 pm. Multi-vehicle angle crash. Non-injury. Tuesday, November II, 2008 at] 1:35 am. Multi-vehicle head on crash. Injury. .".W ~<!$. ., N W~E s 4/2003 . IDHCR 10/2001 RCR III \ "P Il'^ vA '" '" 1- '" "+ \ -A ", > ,. 1-", 01- "", ~ . "1- o 3/2006 . CR III \\ 1/2005 ACR o o 3/2007 ACR ASHLAND ST I -5 Exit 14, East Side Traffic Accidents June 1998 - Dee 2009 Count: 9 '. \\ 6/1998 III FO 4/2005 0ACR I'l " ::i ~ ~ z m o ." ." " ~ J: r ,. z o , , '.1. --'" -" ...---.......-.. 5/2007 RCR. 1/2000 .(;, CR .--~... Traffic Accident Types o ACR: Angle Crash @ CR: Generic Crash . FO: Fixed Object e HCR: Head On Crash . RCR: Rear Crash . SCR:Side Crash 0 Injury (Driver, Biker or Ped) 712005 ACR 0 I'l " ::i ~ ., ~ "' m o ." '" " m 1: r ,. z o 812001 .- HCRO 2/2007 SCR . 712005 712003 FO.. ....------CR o r~' N W~~ s 312001 12/2005 11/1999 . 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I .- .:_4-- _ -' :.1 '_ ~ -' -b, ''':' ...~.-,.~..: ' < c -"'-,'''---/-- --.-- - .,~_.... -- - ,-t' ".,- /'. ....:.-:-.--. ~-,---_/---.:-------..'-.-_- :,' EXHIBIT 0 CITY OF ASHLAND TRANSPORT A TION COMMISSION Thursday, February 18,2010 Siskiyou Room, 51 Winburn Way Minutes Attendees: Tom Burnham, John Gaffey, Eric Heesacker, Julia Sommer (Acting Chair), Brent Thompson, Matt Warshawsky, David Young Absent: Steve Hauck, Colin Swales Ex Officio Members: David Chapman, Brandon Goldman, Larry Blake, Kat Smith, Steve MacLennan, Scott Hollingsworth, Jenna Stanke Staff Present: Mike Faught, Jim Olson, Nancy Slocum I. CALL TO ORDER: 6:01 PM II, APPROVAL OF MINUTES: Minutes of January 21,20 10 were approved as amended with two grammatical errors, III. PUBLIC FORUM: Jenna Stanke, Special Projects Manager, Jackson County Roads, announced that May 17 through 21 was "Bike to Work Week," She invited members of the Commission to call her if they would like to participate, IV, ADJUSTMENTS TO THE AGENDA: The RVTD Report was moved to follow Commission training so Smith would not have to remain, Setting a date for the Commission Goal Setting Retreat was also added as well as a Transportation System Plan (TSP) Update, V. ACTION ITEMS: A. Additional Bicvcle Parking at North Main Street Faught introduced Pieter Smeenk, Ashland Associate Engineer, who gave the statf report, He would also address the concerns outlined in William Barchet'~ letter dated February t6, 2010 which was distributed to the Commission, Smeenk explained that the area in front of Mix's Sweet Shop was a "pinch point" for pedestrians, publication boxes and sidewalk dining furniture. In addition, the first parking space was dangerous as it backs onto North Main Street (Highway 99), Smeek proposed relocating the parking space by reducing the width of the adjacent ten parking spaces. add five bicycle racks and reconfigure the island to make it more pedestrian and wheelchair friendly, Young was generally in favor of the proposal, but wanted to hear from more business owners, He therefore recommended delaying the decision lor one month, Ganey was not in favor of compact parking spaces, Heesacker and Sommer favored the proposal. Richard Hanson, Owner of Gold and Gems for 30 years, regularly received complaints from tourists that there was not enough parking, He was not in favor of removing even OIic space, He also noted that the bicycle parking on the plaza was presently not at capacity, He submitted letters G:\pub-wrks\eng\Jept-admin\Transportnlioll Commissiun\Minulcs\2010\2 [8 10 TC Minlllcs.doc Page I 01'4 from the owners of American Trails, Inti Import and Rare Earth who all opposed removing a parking space. Hanson called the police department to find preliminary accident data around that parking space and found none, Eric Brown, owner of Mix Sweet Shop, was in favor of increasing the number of sidewalk dining tables, He observed people having trouble backing out of that first parking space, He said a car backing into a crosswalk was dangerous, Burnham wondered why the City felt obliged to provide sidewalk dining and publication racks, Faught explained that this proposal was a parking issue only, He was concerned that business owners did not receive notices in time for the meeting. Heesacker was in favor of the proposal. He thought adding ten bike spots equaled ten additional customers. Motion; Thompson moved to table this proposal until the March meeting to allow the busincss owners more notice, Gaffey seconded the motion and it passed unanimously, B. Design Review of Interchange @ Exit 14 Tim Fletcher, ODOT Project Manager. introduced Karen Tatman, Quincy Engineering, Inc, Tatman presented an overview of the state highway project. The proposed project is part of the State Bridge Delivery Program which is part of the ODOT's 10 year, $3 billion Oregon Transportation Investment Act. The proposed project repairs and widens the existing Highway 66 bridge crossing over 1-5 to 56 feet. The improved bridge will provide three lanes for vehicles as well as bike lanes and sidewalks on both sides of the bridge, Plans call for repairing the existing deck, replacing non-standard bridge rails, roadway lighting and adding traffic signals at ramp' intersections, The design was approved at both the local and state level. Fletcher noted that clearing would begin in April with the main construction beginning in June. 2010. Egon DuBois, who regularly biked across the bridge, said the design looked logical, but he felt that experienced bicyclist would "take the lane" instead of putting themselves between two lanes of traffic, He thought removing the bike lane and letting cyclists decide was best. Warshawsky agreed, Sommer suggested installing a push button that would ensure that all lanes would stop tor bicyclists and pedestrians: an "all red" button, Warshawsky and Young agreed, Fletcher had never seen an "'all red" button. He said the designers tried to find a balance between bicycle safety and the need to keep traffic flowing, Young was disappointed with the design and wondered if it could even be revised by the Commission, Burnham liked the wider bridge width in that it allowed for potential striping changes in the future, Chapman thought the on and off ramps were too wide allowing vehicles to go too fast. He thought there were serious problems with the design and Chapman's alternative design was distributed to the Commission. He remembered asking OOOT to allow the City of Ashland design input two years ago, Faught noted that this issue was scheduled for the March 2, 2010 City Council meeting, but he was asking that it be rescheduled until March 16"', He asked the Commissioners to email Slocum with additional input to add to these comments tonight which will then be forwarded to the City CounciL Fletcher said that ODOT would not redesign the bridge, but striping and signal timing changes could be reviewed, State standards were used in the design, but ODOT was open to comments, G:\p\lb-wrks\cng\dcpt-admin\TwilspOItation COrllmission\Minutes\2010\2 18 10 Te Minutes.doc Page 2 of" Heesacker wondered if the presented striping design was one that was required by law, Gaffey said Ashland was not unique and wondered how these ditferent ideas worked on bridges across the state, c. SOU Master Plan Update Larry Blake, Associate Vice President for Facilities Management and Planning, reported that the few changes to the plan were highlighted, He was pleased that the City applied for grant money to fund improvements to the west side of Walker because SOU had originally planned to make those improvements, but in the very far future, Thompson wondered if the campus plan added barriers to bicyclists and skateboardists, Blake said what was currently in place will remain, Blake said the next step was a positive recommendation by the Planning Commission on March 9'" and approval by the City Council on April 20, 20 I 0, D, Commissioner Sponsorship of Events 111e now dissolved Bicycle and Pedestrian Commission were the main sponsors of the annual Bike Swap and the Parks Department helped, Scott Hollingsworth from the Fire Department heard the plea tor help and this year sponsorship was temporarily reassigned to the Fire Department and Parks, How money is accepted was still a question, Dubois, Smith and others thought the ~ Transportation Commission woul~ be best as a permanent sponsor. Sommer wondered what sponsorship meant and which yearly events the Commission wantcd to sponsor. Burnham was in favor of sponsoring the Bike Swap in a "hands off way." Motion: Young moved to join the 20 I 0 Bike Swap as a cosponsor lending the City logo, Thompson seconded the motion and it passed six to one (Warshawsky), Egon Dubois recommended the Bike Swap be adopted as a Commission goal during the upcoming goal setting retreat E, RVTD Request for A TC Assistance with SRTS Grant and Speed Education Camoaign Kat Smith thanked Tom Burnham for sitting in on the Safe Routes to School (SRTS) Task Force, Because ofthis she is keeping the Commission updated as they implement their grant objectives. She asked thaI a Commissioner meet with the Task Force before March 19'" and again in May, As part of the speed education campaign, Police Officer Steve MacCleanon will give three sets of volunteers instructions on the use of the radar gun, Volunteers will be out May 3" and 10" between 7:00 am and 8:30 am at three locations. Violators will be mailcd.a warning letter, F, Commission Goal Setting Retreat The date of retreat was set for Saturday, April 17'" at 8:30 am in the Siskiyou Room, A consensus wanted to leave this date and time even though the annual Bike Swap was the same day, VI. NON ACTION ITEMS A, RVTD Transportation Options Overview Smith submitted a memo that explained an overview of R VTD's Transportation Options Program and their goals, Both she and Nathan Broom are membcrs of this department B, Planning Commission Update G:\pub.wrks\eng\dept.admin\Transportation ('olllmission\M;lIulcs\2010\2 18 ]0 TC Minutes.uoc Page J of4 No discussion on this item, Gaffey announced that he was not reapplying for the Transpo.1ation Commission, His last meeting would be April, 2010. C, Grandview Drive Pedestrian Safety Issues Olson reported that this item was informational only, The Subcommittee reviewcd this request in February, Because staff receivcd a petition signed by 19 neighbors, they decided to allow public testimony before the full Commission in March, D, Transportation Svstem Plan (TSP} Update (Did we have an update? I don't have anything in my notes,) VU. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS VIII. ADJOURN: 8:08 PM Respectfully submitted, Nancy Slocum, Accounting Clerk I G:\pub-wrks\cng\dcpt-admin\Transportation Commission\Milllltes\20 10\2 I a IU TC MinuteS.doc Page 4 Of,4 CITY OF ASHLAND . Council Communication Request to Intervene on behalf of USDA Forest Service in AFR Lawsuit Meeting Date: March 16, 20 I 0 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm@ashland.or.us Secondary Dept.: Legal Secondary Contact Richard Appicello Approval: Martha Benne Estimated Time: 10 minutes Question: Does the City C'ouncil want to intervene on the side of the Forest Service in the lawsuit challenging the record of decision for the Ashland Forest Resiliency Project. Staff Recommendation: Staff has no recommendation on this matter, Background: In February, Scott Conroy, Supervisor for the Rogue Siskiyou National Forest asked the City of Ashland to consider intervening in the lawsuit filed against the record of decision for AFR project. The City Attorney has spoken with General Counsel for the Forest Service, He estimates that the cost of the City's participation in the short-term is between 20-40 hours in staff time, As the case gets closer to trial, the cost of City Attorney staff time will depend on the level of involvement that the City wants to have, As Council knows, there are reasons both in favor and against the City's involvement. Reasons in favor . The City was a co-author of the preferred option that was ultimately selected, Because the City helped develop the alternative, the City could join in the litigation against that alternative, . The City is a partner in implementation of the decision, and the City wants, therefore, to stay involved, The City wants to ensure its interest in watershed healthy and reducing fire danger in the community are well represented during the litigation, Reasons against . The Forest Service has retained the decision over AFR throughout the process, and many of the implementing details in the ROD departed from the recommendations of the local alternative the City helped to develop, Therefore, the Forest Service should retain the responsibility to defend the decision, . The City does not have expertise in the federal laws involved (National Environmental Policy Act or Healthy Forest Restoration Act), Additionally, there is no legal issue at stake for the City. . If the plaintiffs prevail, the City would be on the hook for any legal expenses that are incurred by the plaintiffs, Attachments: Legal Filing in Federal Lawsuit Page I of! r., Marianne Dugan, OSB # 93256 295 E, 5th Ave" Ste 200-D Eugene, OR 97401 Tel: (541) 338-7072 Fax: (866) 650-5213 Email: mdugan@mdugan.com Sean Malone, OSB # 084060 624 W, 24th Ave Eugene, OR 97405 Tel: (303) 859-0403 Email: seanmalone8@hotmaiLcom Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF OREGON ERIC NAVICKAS and JAY LININGER, Case No, Plaintiffs, v, COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF SCOTT CONROY, Forest Supervisor of the Rogue River-Siskiyou National Forest; and UNITED STATES FOREST SERVICE, a federal agency, (Violation of National Forest Management Act, Healthy Forests Restoration Act, National Environmental Policy Act, and Administrative Procedure Act) Defendants, INTRODUCTION I, Plaintiffs challenge the decision by defendants Scott Conroy and the United States Forest Service ("Forest Service") to authorize the Ashland Forest Resiliency Project ("AFR Project") in the Siskiyou Mountains Ranger District of the Rogue River-Siskiyou National Forest in southern Oregon, ' 2, The AFR Project proposes to conduct tree removal and prescribed fire operations, COMPLAINT - PAGE I road maintenance and helicopter landing development on 7600 acres in the Ashland Creek and adjacent Hamilton Creek, Neil Creek and Wagner Creek watersheds, 3, Defendants violated the National Forest Management Act ("NFMA") because the AFR Project does not comply with standards and 'guidelines of the Rogue River National Forest Land and Resource Management Plan or the Northwest Forest Plan, Defendants violated the Healthy Forests Restoration Act ("HFRA") because the AFR Project is not consistent with forest plans and will not maintain or restore old growth forest. Defendants violated the National Environmental Policy Act ("NEPA") in failing to examine direct, indirect and cumulative impacts or demonstrate that the AFR Project will meet the purpose and need for action in a Final Environmental Impact Statement ("EIS") and Record of Decision ("ROD"), 4, Plaintiffs seek: a, a declaration that the AFR Project violates NFMA; b. a declaration that the AFR Project violates the HFRA; and c. a declaration that the Final EIS and ROD violate NEPA. 5, Plaintiffs may seek injunctive relief to enjoin defendants from implementing portions of the AFR Project pending defendants' compliance with law, However, plaintiffs would ask the Court to allow necessary and proper fire hazard mitigation work to proceed in the wildland-urban interface of the City of Ashland during the pendency of this litigation, 6, Ifplaintiffs prevail, they will seek an award of costs and fees, including reasonable attorneys' fees, pursuant to the Equal Access to Justice Act, 28 U,S,C, ~~ 2412, JURISDICTION 7, Jurisdiction is proper in this Court under 5 U,S,c. ~~ 551, et seq" 28 U,S,C, ~~ COMPLAINT - PAGE 2 1331, and 28 U,S,e. ~ 1346, because this action involves the United States as a defendant and arises under the laws of the United States, including NFMA, 16 U,S,e. ~ 1601, et seq,; the HFRA, 16 U,S,e. 6501, et seq,; NEPA, 42 U.S,e. ~~ 4321, el seq,; and the APA, 5 U,S.e. ~~ 551, et seq, An actual controversy exists between plaintiffs and defendants, The challenged agency action is final and subject to review under 5 USe. ~~ 702, 704 and 706, The requested relief is proper under 28 U,S,e. ~~ 2201-02 and 5 U,S,C, ~~ 705-06, Plaintiffs have exhausted all administrative remedies, VENUE 8, Venue in this Court is proper under 28 U,S,e. ~ 1391, PARTIES 9, Plaintiff Eric Navickas is an Ashland City Councilor and owner of a fine art gallery and local organic farm. He brings this action on his own behalf. 10, Plaintiff Jay Lininger is employed as an ecologist by the Center for Biological Diversity, a non-profit corporation based in Tucson, Arizona. He brings this action on his own behalf, II, Plaintiffs use and enjoy the Siskiyou Mountains Ranger District of the Rogue River-Siskiyou National Forest, including the AFR Project area, for a variety of purposes, including hiking, running, biking, skiing, photography, wildlife viewing, botanical exploration, research and religion, Plaintiffs derive many benefits from their activities within this national forest including recreation, health, education and spirit Plaintiffs will continue to use and enjoy the area on an ongoing basis in the future, 12, Plaintiffs' interests have been and will continue to be adversely affected and COMPLAINT - PAGE 3 irreparably injured as defendants implement the AFR Project. These are actual, concrete injuries caused by the defendants' violations ofNFMA, HFRA, NEPA and APA. Plaintiffs' injuries will be redressed by the relief sought. ] 3, Defendant Scott Conroy is the official responsible for the AFR Project in his official capacity as Forest Supervisor of the Rogue River-Siskiyou National Forest. ]4, Defendant Forest Service is a federal agency within the United States Department of Agriculture responsible for lawful management of national forest lands, FACTUAL BACKGROUND A. Municipal Drinking Water Source 15, Ashland Creek is the primary domestic water source for the City of Ashland, via Reeder Reservoir. ]6, Reeder Reservoir is listed as impaired due to excessive sediment under section 303(d) of the Clean Water Act, 33 U,S,c. ~~ 1251 et seq, ] 7, Flooding in 1964, 1974, and 1997 deposited large quantities of sediment in the watershed, 18, In 2007, the Oregon Department of Environmenta] Quality established a natural background rate of soil erosion, 3,62 cubic yards per day, as the total maximum daily load for sediment capacity in Upper Ashland Creek. ] 9, Timber harvest is restricted in the Ashland Creek watershed to protect soil productivity and water quality, 20, Soil productivity, slope stability, sediment delivery and water quality are significant issues for the AFR Project. COMPLAINT. PAGE 4 21. The Forest Service analyzed sediment delivery that will result from the AFR Project using the "Water Erosion Prediction Project" modeL 22, The AFR Project will increase sediment delivery to Upper Ashland Creek. B. Rogue River National Forest Plan 23, In 1990, the Forest Service adopted the Rogue River National Forest Land and Resource Management Plan ("Rogue River Forest Plan"), which establishes standards and guidelines that govern activities in each of26 land use zones called "Management Strategies." 24, The Rogue River Forest Plan designates Management Strategy I, Minimum Management ("MS-I "), to maintain national forest lands in federal ownership and protect resources, life, health and safety of incidental uses, 25, The Rogue River Forest Plan designates Management Strategy 5, Special Interest Area ("MS-5"), to preserve unusual recreational, biological, cultural, geological and scenic values in a substantially natural condition, 26. The Rogue River Forest Plan designates Management Strategy 7, Foreground Partial Retention ("MS-?"), on lands visible from certain travel routes so that, to the casual observer, results of management activities are evident and are visually subordinate to the natural landscape, 27, The Rogue River Forest Plan designates Management Strategy 9, Middleground Partial Retention ("MS-9"), on lands visible from selected travel routes so that, to the casual observer, results of management activities are evident and are visually subordinate to the natural landscape. 28, The Rogue River Forest Plan designates Management Strategy 20, Timber COMPLAINT - PAGE 5 Suitable I ("MS-20"), on lands where the management emphasis is timber production, 29, The Rogue River Forest Plan designates Management Strategy 21, Timber Suitable 2 ("MS-21 "), on extremely sensitive lands that require special management to maintain long-term productive capability of soil. 30, The Rogue River Forest Plan designates Management Strategy 22, Restricted Watershed ("MS-22"), on lands that provide water for domestic supply, 3 1. The Rogue River Forest Plan designates Management Strategy 23, Managed Watershed ("MS-23"), in sensitive watersheds that require special management to maintain water quality. 32, The Rogue River Forest Plan designates Management Strategy 25, Research Natural Area ("MS-25"), to provide for research, observation and study of undisturbed ecosystems, 33, The Rogue River Forest Plan designates Management Strategy 26, Restricted Riparian ("MS-26"), at perennial streams, lakes and wetlands including lands within 1 00 feet horizontal distance and the riparian vegetation associated with them to protect riparian habitats from detrimental changes in water temperature, blockages of water courses, and deposits of sediment c. Northwest Forest Plan 34, In 1994, the Forest Service amended the Rogue River Forest Plan with a region- wide Record of Decision commonly known as the Northwest Forest Plan ("NFP"), which sets forth standards and guidelines in addition to those in the Rogue River Forest Plan, 35. Where the local plan is more restrictive or provides greater benefits to late- COMPLAINT - PAGE 6 successional forest related species, its standards and guidelines remain in effect, and many standards and guidelines in the Rogue River Forest Plan were not amended by the NFP, 36, The NFP includes an Aquatic Conservation Strategy ("ACS") that establishes Riparian Reserves on lands adjacent to waterways and other lands necessary for protection of hydrologic, geomorphic and ecological processes associated with aquatic resources, including fish-bearing streams, permanently flowing non- fish-bearing streams, wetlands, lakes and natural ponds, seasonally flowing or intermittent streams, and unstable or potentially unstable areas (including earthflows), 37. Riparian Reserves are designed to protect the integrity of aquatic ecosystems, and the NFP prohibits the Forest Service from authorizing ground disturbance within a Riparian Reserve unless the agency can demonstrate that the activity is necessary to protect the ecological health of watersheds and aquatic ecosystems, 38, The Forest Service rates landslide hazard based on landscape sensitivity to mass wasting. Landslide Hazard Zone I is the highest debris flow hazard, Landslide Hazard Zone 2 is the second-highest debris flow hazard. 39, ]n 1995, the Forest Service completed the Bear Watershed Analysis, 40, In 2003, the Forest Service updated the Bear Watershed Analysis with the Upper Bear Ecosystem Assessment. 41, The NFP establishes a network of Late-Successional Reserves ("LSRs") to protect and enhance late-successional and old grow1h forest ecosystems that provide habitat for older forest related species, including threatened northern spotted owl. 42, The AFR Project is located in the Mount Ashland LSR (RO-248), COMPLAINT - PAGE 7 43, In 1996, the Forest Service produced the Mt. Ashland Late-Successional Reserve Assessment. D. Northern Spotted Owl 44, Northern spotted owls exist in the AFR Project area, 45, The U,S, Fish and Wildlife Service ("FWS") has listed the northern spotted owl as "threatened" under the Endangered Species Act, 16 U,S,c. ~~ 1531 et seq. 46, The AFR Project is located in "critical habitat" for the northern spotted owL 47. The AFR Project will downgrade 1292 acres of suitable nesting, roosting and foraging habitat for northern spotted owl to dispersal-only habitat. 48, Defendants initiated formal consultation with the FWS under Section 7 of the Endangered Species Act regarding effects of the AFR Project to northern spotted owL 49, The FWS issued a Bio]ogical Opinion stating that the AFR Project is "likely to adversely affect" northern spotted owl and its critical habitat. 50, The Forest Service funds Oregon State University to study effects of timber harvest on northern spotted owl habitat use in connection with the AFR Project. 51, The barred owl is an invasive species that competes with northern spotted ow] for habitat and prey, and is known to attack and kill spotted owls, 52, Barred owl invasion poses an existential threat to northern spotted owL 53, Barred owls are present in the AFR Project area, E. Pacific fisher 54, Pacific fishers exist in the AFR Project area, 55, The pacific fisher is a furbearing carnivore whose listing under the Endangered COMPLAINT - PAGE 8 Species Act as "endangered" is "warranted but precluded" by competing FWS priorities, 56, The Forest Service has designated Pacific fisher as a "sensitive species," meaning that its viability is of concern because of significant current or predicted downward trends in population numbers or density, or because there is a significant downward trend in current or predicted habitat that would reduce their distribution, As such, Pacific fisher is entitled to additional management protection and consideration, 57, Fuel management and timber harvest can degrade or remove Pacific fisher denning, resting and foraging habitat. F. Research Natural Area 58, In 1970, the Forest Service established the Ashland Research Natural Area ("RNA") on 1641 acres to preserve the only representation of Pacific ponderosa pine/Douglas-fir and Pacific ponderosa pine forests in the federal natural area system, 59, The goal of the RNA is to provide an area for research, observation and study of undisturbed ecosystems, 60. The purposes of the RNA are to provide a baseline area against which effects of human activities can be measured, a site for study of natural processes in undisturbed ecosystems, and a gene pool preserve for all types of organisms. 61, The guiding management principle for the RNA is to prevent unnatural encroachments and activities. 62, The RNA contains late-successional and old growth forest that never has been subject to timber harvest. G. Inventoried Roadless Area COMPLAINT - PAGE 9 63, In 1979, the Forest Service concluded its "Roadless Area Review and Evaluation," which inventoried national forest lands for suitability as wilderness areas under the Wilderness Act, 16 U,S,c. 1131, el seq, 64, Inventoried Roadless Areas ("IRAs") supply unique recreation opportunities and wildlife habitat that are affected by timber harvest 65, In 200 I, the Forest Service restricted timber harvest within lRAs. 66. The AFR Project allows timber harvest on more than 1000 acres in the McDonald Peak IRA, CLAIMS FOR RELIEF COUNT I Violation of NFMA Failnre to Follow Standards and Guidelines for Effective Ground Cover 67, Plaintiffs incorporate by reference the foregoing paragraphs. 68, The National Forest Management Act ("NFMA") requires that defendants' activities carried out on national forest lands "shall be consistent with the land management plans," 16 U,S,c. g 1604(1); 36C.F,R. g 219,10(e), 69, The Rogue River Forest Plan is a "land management plan." 70. On lands allocated by the Rogue River Forest Plan to MS-I, MS-5, MS-7, MS-9, MS-20, MS-21, MS-22 and MS-23, management activities must maintain effective ground cover. Mineral soil exposure should not exceed the following limits overall, based on the erosion hazard rating of the soil type, as defined in the Rogue River National Forest Soil Resource Inventory: COMPLAINT - PAGE 10 a, Forty percent mineral soil exposed on soils classed as very slight, slight, low or moderate erosion hazard soils; b, Thirty percent exposure on high or severe erosion hazard soils; c, Fifteen percent exposure on very high or very severe erosion hazard soils. 71, On lands allocated to MS-26, mineral soil exposure resulting from management activities should not exceed the following limits overall, based on the erosion hazard rating of the soil type, as aefined in the Rogue River National Forest Soil Resource Inventory: a, Twenty percent mineral soil exposed on soils classed as very slight, slight, low or moderate erosion hazard soils; b, ' Ten percent exposure on high or severe erosion hazard soils; c, Seven percent exposure on very high or very severe erosion hazard soils, 72, The AFR Project will expose mineral soil in excess of standards and guidelines for MS-I, MS-5, MS-7, MS-9, MS-20, MS-21, MS-22, MS-23 and MS-26, and defendants therefore violated NFMA. 73, Defendants' approval of the AFR Project is arbitrary, capricious, not in accordance with law, and without observance of procedures required by law, per the AP A, 5 U.S,c. 9 706. 74, Plaintiffs are entitled to their reasonable fees, costs and expenses associated with this litigation pursuant to the Equa] Access to Justice Act, 28 u,s,c. 9 24]2. COUNT II Violation of NFMA Failure to Follow Staudards and Guidelines for Riparian Reserves COMPLA]NT - PAGE] I 75, Plaintiffs incorporate by reference the foregoing paragraphs, 76. The National Forest Management Act ("NFMA") requires that defendants' activities carried out on national forest lands "shall be consistent with the land management plans," 16 use. S 1604(1); 36 e.F.R. S 219.10(e), 77. The Northwest Forest Plan is a "land management plan," .78, The Aquatic Conservation Strategy ("ACS") is a key component of the Northwest Forest Plan and is incorporated into the Rogue River Forest Plan, 79, The Forest Service is required to meet ACS Objectives to maintain and restore physical, chemical and biological features of aquatic ecosystems including hydrologic flows, temperature and sediment regime, 80, The NFP directs that~ in order to find that a project meets the ACS Objectives, the Forest Service must describe the existing watershed condition, the natural range of variability, of physical, chemical and biological components of a watershed, and how proposed activities would maintain the existing condition or move conditions within the natural range of variability, 81, Defendants allowed ground-disturbing activities in Riparian Reserves as part of the AFR Project. 82, Riparian Reserves that would be affected are properly functioning now. 83, Defendants failed to establish that proposed activities in Riparian Reserves are required to meet the ACS Objectives, and thereby violated NFMA. 84. Defendants failed to demonstrate how proposed activities in Riparian Reserves would maintain existing biological, chemical and physical watershed conditions or move conditions within the natural range of variability, and thereby violated NFMA, COMPLAINT - PAGE 12 85, Fire/Fuels Management Standard "FM-I" requires activities in Riparian Reserves to minimize.disturbance of ground cover and vegetation, 86, Defendants failed to minimize disturbance of ground cover and vegetation in Riparian Reserves, in violation ofFM-I, and thereby violated NFMA, 87. Watershed and Habitat Restoration Standard "WR-3" prohibits use of mitigation or planned restoration as a substitute for preventing habitat degradation in Riparian Reserves, 88, Defendants substituted mitigation and planned restoration for habitat protection in Riparian Reserves, in violation ofWR-3, and thereby violated NFMA. 89, Defendants failed to ensure the effectiveness of mitigation measures and restoration activities proposed in Riparian Reserves, and thereby violated NFMA, 90, Defendants excluded potentially unstable areas from Riparian Reserve, and thereby violated NFMA. 91. Defendants' approval of the AFR Project is arbitrary, capricious, not in accordance with law, and without observance of procedures required by law, per the AP A, 5 U.S.e. ~ 706, 92, Plaintiffs are entitled to their reasonable fees, costs and expenses associated with this litigation pursuant to the Equal Access to Justice Act, 28 USe. ~ 2412, COUNT III Violation of NFMA Failure to Follow Standards and Guidelines for Research Natural Area 93, Plaintiffs incorporate by reference the foregoing paragraphs, 94, The National Forest Management Act ("NFMA") requires that defendants' COMPLAINT - PAGE 13 activities carried out on national forest lands "shall be consistent with the land management plans," 16 U,S,C S 1604(1); 36 CF.R, S 219.10(e), 95, The Rogue River Forest Plan is a "land management plan," 96, Under the Forest Plan, timber harvesting is not allowed in the Ashland RNA. 97, Defendants allowed harvest of thousands oflate-successional trees, destruction of coarse woody debris, and reduction of canopy cover to forty percent in the RNA as part ofthe AFR Project, and thereby violated NFMA. 98, Defendants' approval of the AFR Project is arbitrary, capricious, not in accordance with law, and without observance of procedures required by law, per the APA, 5 U,S,C S 706, 99, Plaintiffs are entitled to their reasonable fees, costs and expenses associated with this litigation pursuant to the Equal Access to Justice Act, 28 U.S,C S 2412, COUNT IV Violation of NFMA Failure to Follow Standards and Guidelines for Late-Successional Reserve 100, Plaintiffs incorporate by reference the foregoing paragraphs. 101. The National Forest Management Act ("NFMA") requires that defendants' activities carried out on national forest lands "shall be consistent with the land management plans." 16 U,S,C S 1604(1); 36 CF,R, S 219,10(e), 102, The NFP is a "land management plan," 103, The NFP restricts timber harvest in LSR forest stands older than eighty years, 104, The NFP permits fire hazard reduction activities in LSR forest stands older than COMPLAINT - PAGE 14 eighty years if they: a, clearly result in greater assurance of long-term maintenance oflate- successional forest habitat; b, clearly are needed to reduce risk; and c, will not prevent the LSR from meeting objectives for which it was established, 105, Defendants allowed harvest of thousands oflate-successional trees, destruction or coarse woody debris, and reduction of canopy cover to forty percent in forest stands older than eighty years as part of the AFR Project, and thereby violated NFMA. 106, Defendants allowed timber harvest in mid-successional forest that will create edge effects in adjacent late-successional habitat, and thereby violated NFMA, 107, Timber harvest in the AFR Project would not result in greater assurance oflong- term maintenance oflate-successional habitat; is not needed to reduce risk; and may prevent the Mount Ashland LSR from meeting objectives for which it was established, and defendants therefore violated NFMA. 108, Defendants' approval of the AFR Project is arbitrary, capricious, not in accordance with law, and without observance of procedures required by law, per the APA, 5 U,S,c. 9 706, 109, Plaintiffs are entitled to their reasonable fees, costs and expenses associated with this litigation pursuant to the Equal Access to Justice Act, 28 u,s~c. 92412, COUNT V Violation of HFRA COMPLAINT - PAGE 15 Failure to Ensure Consistency With Forest Plans 110, Plaintiffs incorporate by reference the foregoing paragraphs, III. The Healthy Forests Restoration Act (nHFRAn) requires authorized projects to be consistent with forest plans, 16 U's,c. S 6512(b), 112, Defendants applied HFRA authority to the AFR Project 113, Defendants failed to follow standards and guidelines of the Rogue River Forest Plan, and thereby violated HFRA. 114. Defendants failed to follow standards and guidelines of the NFP, and thereby violated HFRA, 115, Defendants' approval of the AFR Project is arbitrary, capricious, not in accordance with law, and without observance of procedures required by law, per the APA, 5 U,S,c. S 706. 116, Plaintiffs are entitled to their reasonable fees, costs and expenses associated with this litigation pursuant to the Equa] Access to Justice Act, 28 U,S,c. S 2412, COUNT VI Violation of HFRA Failure to Maintain or Restore Old Growth Forest 117, Plaintiffs incorporate by reference the foregoing paragraphs. 118. The HFRA requires authorized projects to maintain or restore structure and composition afforest stands according to the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the stand to landscape fire adaptation and watershed health, and retaining the large trees contributing to old growth COMPLAINT - PAGE 16 structure, 16 U,S.C S 6512(e)(2), 119, Defendants failed to establish the structure and composition of pre-fire suppression old growth conditions to be maintained or restored, 120, Defendants allowed harvesting of old growth trees, 121. Defendants' approval of the AFR Project is arbitrary, capricious, not in accordance with law, and without observance of procedures required by law, per the AP A, 5 U,S,C S 706. 122, Plaintiffs are entitled to their reasonable fees, costs and expenses associated with this litigation pursuant to the Equal Access to Justice Act, 28 U,S,C, S 2412, COUNT VII Violation of NEP A Failure to Take a Hard Look at Environmental Impacts 123, Plaintiffs incorporate by reference the foregoing paragraphs, 124, The National Environmental Policy Act ("NEPA") requires agencies of the United States to consider environmental impacts of major federal actions before decisions are made, 42 U,S,c. S 4331 el seq, 125. NEP A requires an environmental impact statement ("EIS") for a major federal action that may significantly affect the environment 42 U,S,c. S 4332(2)(C). 126, The AFR Project is a major federal action, as defined by NEPA. 127, Agencies must ensure scientific integrity of an EIS, including identification of methods, reference to information and sources, and public scrutiny of underlying data from which agencies draw conclusions, 40 CF,R, S 1502,24, COMPLAINT - PAGE 17 128, An EIS must consider responsible opposing views. 40 C.F,R, ~ 1502,9(b), 129, An EIS must consider indirect and cumulative effects, 40 C.F.R, ~ 1508.25. 130, Indirect effects are "caused by the action that are later in time or farther removed in distance but are still reasonably foreseeable." 40 C.F,R, ~ 1508.8(b), 131, Cumulative effects result from "past, present and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions," 40 C.F,R, ~ 1508,7, 132, On June 24, 2005, defendants issued a Draft EIS on the AFR Project. 133. Plaintiffs commented on the Draft EIS. 134, On September 19, 2008, defendants issued the Final EIS for the AFR Project. 73 Fed, Reg, 54397, 135, The Final EIS does not disclose the location of proposed activities, and thereby violates NEPA, 136, The Final EIS violates NEPA because it does not disclose direct, indirect or cumulative effects to: a, Riparian Reserves, b, slope stability, c, soil productivity, d, water quality, e, late-successional forest. f. northern spotted owl or its habitat. g, Pacific fisher or its habitat. . COMPLAINT - PAGE 18 h, dispersed recreation, 137, The Fina] EIS violates NEPA because it does not disclose direct, indirect or cumulative effects of emergency fire suppression operations, even though the AFR Project is designed to increase their effectiveness, 138, Defendants' approval of the AFR Project is arbitrary, capricious, not in accordance with law, and without observance of procedures required by law, per the AP A, 5 U,S.c. S 706, 139, Plaintiffs are entitled to their reasonable fees, costs and expenses associated with this litigation pursuant to the Equal Access to Justice Act, 28 U,S,c. S 2412, COUNT VIII Violation of NEP A Failure to Meet the Purpose and Need 140, Plaintiffs incorporate by reference the foregoing paragraphs, 141, Primary goals of the AFR Project are to provide water for domestic supply to the City of Ashland and to enhance late-successional forest habitat. 142, The purpose of the AFR Project is to protect at-risk values, reduce hazardous fuels and crown fire potential, and promote fire resilient conditions, 143, The need for the AFR Project is urgent reduction of hazardous fuels and potential for large-scale, high-intensity wildland fire that could interrupt the supply of clean water and late-successiona] forest habitat. 144, The Final EIS does not answer responsible opposing views regarding the purpose and need for large tree removal, and therefore violates NEP A, COMPLAINT - PAGE 19 145. The Final EIS does not answer responsible opposing views regarding the spread of invasive weeds, and therefore violates NEP A. 146. Defendants did not ensure scientific integrity of sediment delivery models, and therefore violated NEP A. 147. Defendants' approval of the AFR Project is arbitrary, capricious, not in accordance with law, and without observance of procedures required by law, per the AP A, 5 u.S.e. S 706. 148. Plaintiffs are entitled to their reasonable fees, costs and expenses associated with this litigation pursuant to the Equal Access to Justice Act, 28 U.s.e. S 2412. RELIEF REQUESTED Plaintiffs seek an order: a. declaring that defendants violated NFMA and the AP A by failing to comply with the Rogue River Forest Plan and the NFP in approving the AFR Project; b. declaring that defendants violated the HFRA and the AP A by failing to comply with forest plans or to maintain or restore old growth forest in approving the AFR Project; c. declaring the defendants violated NEP A and the AP A in issuing the Final EIS and ROD for the AFR Project; d. enjoining defendants from undertaking ground-disturbing activities, with the exception of necessary and proper fire hazard mitigation work in the wildland-urban interface of the City of Ashland, unless and until COMPLAINT - PAGE 20 defendants comply with NFMA, HFRA, NEPA and APA; e. awarding plaintiffs their reasonable attomey fees and costs incurred in this action pursuant to the Equal Access to Justice Act, 28 U.S.e. S 2412; and f. granting plaintiffs such additional relief as the Court deems just and equitable. Dated January 14,2010. Marianne Dugan, OSB # 93256 295 E. 5th Ave., Ste 200-D Eugene, OR 97401 (541) 338-7072 Sean Malone, OSB # 084060 624 W. 24th Ave Eugene, OR 97405 (303) 859-0403 Attorneys for Plaintiffs COMPLAINT - PAGE 21 . CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Request Clarification of Living Wal':e Ordinance March 16,2010 Primary Staff Contact: Don Robertson Parks and Recreation E-Mail: robertsd@ashland.or.us Legal Secondary Contact: Richard Appicello Martha Benne Estimated Time: 10 minutes Question: Will the Council approve Second Reading of an ordinance that amends the Living Wage ordinance clarifying that the City does not require retroactive payments? Staff Recommendation: Staff recommends Council approve Second Reading and adoption of the ordinance. Background: On March 2nd the City Council voted to remove Section I of the proposed Ordinance concerning clarification of the 12 month period. Section 2 concerning retroactive penalties is renumbered Section 1. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (I) Read changes [deleted text] and move to approve Second Reading and adoption of the ordinance. (2) Postpone Second Reading. Potential Motions: Staff: Conduct Second Reading (Title only) and read changed sections. Council: Move to approve Second Reading of the ordinance, with changes as read and approve adoption of the Ordinance. Attachments: Ordinance as modified at Council Meeting On March 2,2010 Page 1 of I r.l' ORDINANCE NO. AN ORDINANCE RELATING TO LIVING WAGE, AND AMENDING AMC CHAPTER 3.12 Annotated to show deletions and additions to the code sections being modified. Deletions are bold . 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; and 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 Firefiqhters. Local 1660. Beaverton ShOD. 20 Or. App. 293, 531 P 2d 730, 734 (1975); and WHEREAS, the Ashland Parks and Recreation Commission requested clarification of the living wage ordinance as it relates to part-time and seasonal workers employed by the Parks Department; and . THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Section 3.12.040 [Enforcement] is hereby amended to read as follows: 3.12.040 Enforcement A. Compliance with this chapter shall be required in all City contracts to which it applies. Such contracts shall provide that upon a violation of any provision of this chapter the recipient, contractor or subcontractor who is out of compliance shall have thirty days to come into compliance. . Such contracts shall further provide that after 30 days if the recipient, contractor or subcontractor remains out of compliance, the City may terminate the contract and otherwise pursue legal remedies that may be available including the repayment of, or payment for, all or part of the financial assistance provided. If a recipient, contractor, or subcontractor violates the provisions of this chapter twice, the City may terminate all contracts already in force and that recipient, contractor, or subcontractor shall be prohibited from receiving City financial assistance or contracting with the City for a period of two years. B. An employee claiming violation of this chapter may report such action to the city. The city administrator may establish a procedure for receiving and investigating such complaints and take appropriate enforcement action. Page 1 of 2 An employee claiming violation of this chapter may choose to bring an action in the Circuit Court of Oregon against an employer and may be awarded back pay for each day during which the employer failed to pay the employee the required living wage. As additional damages the employee shall be awarded an amount equal to an hour's pay for each hour the employee was not paid the amount required in section 3.12.030 and any additional injunctive relief necessary and appropriate under the circumstances. Not withstandinQ the above, for emDloyees hired as part-time or seasonal workers Ii.e. with a 1040 hour limit per calendar year], back pay shall be limited to an award of the pay differential and penalty commencinQ with the 104151 hour of employment. The court shall award reasonable attorney's fees and costs to an employee who prevails in any such enforcement action. The damage provision of this section shall not apply if such violation was deemed to be unintentional on the part of the employer and the employer paid the required back pay for each day the violation of this chapter occurred. C. The statute of limitations for this chapter shall be two years from the time of the alleged violation of this chapter SECTION 2. 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 3. SavinQs. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the. matters were originally filed. SECTION 4. 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-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) 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 , 2010 and duly PASSED and ADOPTED this day of , 2010 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 CITY OF ASHLAND Council Communication Ordinance Amendinf': Chapter 9 Concerninf': Weed Abatement Meeting Date: March 16,2010 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Megan Thornton Approval: Martha Benn Estimated Time: 10 Minutes Question: Should the Council approve First Reading of an ordinance amending Chapter 9 concerning weed abatement and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance and set Second Reading for April 6, 2010. Background: The 1951 weed abatement chapter is updated to make a number of beneficial changes. The weed abatement and noxious growth sections (9.04 and 9.08) are combined into one chapter. A definition for "weed" is added and the code is amended to provide greater flexibility to Code Compliance Staff, including Ashland Fire and Rescue, to evaluate and mitigate the risk of fire. The abatement, removal, and lien process is updated and made uniform for'all city nuisance code violations. (Separate ordinance advertised for 3-16-20 I 0). The noxious weed list is located at the following address: http://www.oregon.gov/ODA/PLANT/WEEDS/statelist2.shtml Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Move to approve First Reading of the ordinance and set second reading for April 6, 2010. (2) Postpone First Reading to a certain date. Potential Motions: Staff: Conduct First Reading: Council: Move to approve First Reading of the ordinance and set second readingfor April 6, 2010. Attachments: (I) Existing Code sections (2) Draft Weed I Noxious plant abatement ordinance Page 1 of 1 r.l' Existing Code/ Repealed Sections: 9.04 Weed Abatement 9.04.010 Weeds Declared Nuisance The growth of grass, weeds, shrubbery, and vegetation upon vacant and other lots and parcels of land, and the streets and alleys abutting thereon, in the City, during the summer season co~stitutes a fire menace, and greatly increases the fire hazard in the City, and is declared to be a nUIsance. (Ord. 1141 SI, 1951) 9.04.020 Remova] - Responsibility The owner, agent of owner and/or occupant of any lot or parcel ofland within the limits of the City of Ash]and shall cut and remove the weeds, grass, bushes and shrubbery, except ornamental bushes and shrubbery, growing thereon, or on adjacent and abutting streets, avenues, and alleys, between May 15th and June 15th of each year and shall, where the same grows a second growth, cut the same a second time during the summer and in case of failure to do so, said person or persons shall be subject to fine and/or imprisonment and the City may cause such vegetation to be cut and removed and the expense incurred on account thereof shall be chargeable as a lien upon said lot or parcel as aforesaid. (Ord. 1141 S2, 1951) 9.04.030 Violation - Penalty Any owner, agent of the owner, or occupant of any premises violating any of the provisions of this chapter is punishable as prescribed in Section 1.08.020. (Ord. 1810 (part), 1974; Ord. 1141 S3, 1951; Ord. 1956, 1978) 9.04.040 Notice to Abate - Contents In case of failure or neglect of any such agent, owner or occupant to cut weeds and grass and shrubbery as herein provided, the City Recorder shall cause to be served on such agent, owner, and/or occupant a notice, describing the property with convenient certainty by its ]egal description or by the street number of the house, requiring such owner or agent and/or occupant to cut said weeds, grass, and shrubbery within ten (10) days from the service thereof, or that the City will require the same to be done, and the cost thereof charged as a lien against said property. (Ord. 1]41 S4, 1951). 9.04.050 Notice to Abate-Service-Remova] by City-Lien Such notice shall be served upon such owner, agent, and/or occupant in person if found upon said premises or within the City, and in case said owner, agent, and/or occupant cannot be found in person within the City after reasonable diligence and inquiry, such notice shall be posted in a conspicuous place upon said premises, and a copy thereof mailed to the last known post office address of such owner, agent, or occupant, if any such address is known, and return of service shall be filed with the Recorder; and if at the end often (10) days from the giving of such notice, such owner, agent, and/or occupant, has failed and neglected to cut and remove such vegetation, the Fire Chief shall cause the same to be done and shall file with the Council a verified itemized statement of the expenditure occasioned thereby, and the Recorder shall cause notice to be served upon the owner, agent, or occupant in the manner hereinbefore described, such statement will be considered and determined by the Council and a lien declared upon the property involved, the time of which meeting shall be specified in the notice, more than ten (10) days from the giving of the same, and the Council shall at such meeting hear any objections to such statement, and by ordinance determine the correctness of the same, and declare such corrected amount a lien upon the property benefitted and instruct the Recorder to enter the same upon the City docket of liens in the same manner and with the same effect that street improvement liens and sewer liens are entered, and said lien shall have the same force and effect as such street improvement and sewer liens, and shall be certified to the'county assessor in the same manner. (Ord. 1141 S5, 1951). ORDINANCE NO. AN ORDINANCE RELATING TO WEED ABATEMENT, NOXIOUS VEGETATION, AMENDING AMC CHAPTER 9.04, AMC 13.02.050 AND REPEALING AMC 9.08.100 Annotated to show deletions and additions to the code sections being modified. Deletions are bold" -''' and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall haye 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 haye perpetual succession; WHEREAS, the aboye referenced grant of power has been interpreted as affording alllegislatiye powers home rule constitutional provisions reserved to Oregon Cities. City of Beayerton Y. International Ass'n of Firefiqht~rs. Local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, weeds and noxious yegetation constitute a fire hazard to persons and property within the city; and WHEREAS, the weed abatement ordinance was originally adopted in 1951 and revisions to the code are necessary to facilitate the remoyal of weeds and noxious yegetation; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.002 [Purpose] is hereby added to read as follows: 9.04 Weeds and Noxious VeQetation Abatement 9.04;002 Purpose. The purpose of this chapter is to reduce the risk of damaQe to property and persons by fire due to weeds, and to reduce hazards to public health, a~riculture, recreation, and wildlife bv controllinq the qrowth of weeds and noxious yeqetation. Ashland Fire and Rescue and the city's Code Compliance Officers intend to prioritize enforcement and abatement under this chapter based upon the deqree of fire risk or other hazard caused bv the yiolation and the ayailability of resources. Ordinance No. Page I of5 SECTION 2. Section 9.04.005 [Definitions] is hereby added to read as follows: 9.04.005 Definitions. A. Code Compliance Officer: all indiyiduals desianated as such pursuant to AMC 1.08.005. includina specifically the Fire Chief. B. Fire Chief: the City of Ashland Fire Chief or his/her authorized desianee. C. Fire hazard: a written determination from the Fire Chief that the Quality. condition. andlor location of veQetation creates a risk of fire. D. Noxious yeaetation: all YeQetation listed on the noxious weed list promulQated by the Oreaon Department of Aariculture's Plant Diyision. E. Owner: owner of real property. aaent of the owner. and/or occupant of any lot or parcel of land. F. Summer season: between May 15 and September 30 of any year. or the end of fire season as declared by the Oreqon Department of Forestry. which eyer is later. G. Weed: (1) Veaetation, arass. shrubbery. and round wood that is less than 1/4 inch in diameter and more than four inches 14") hiah, and (2) Veaetation that is a: la) Health hazard. such as providina harboraae for yermin: Ib) Fire hazard due to the Quantity and/or location: or Ic) Traffic hazard because it impairs the view of a public thorouQhfare or otherwise makes use of the thorouahfare hazardous. SECTION 3. Section 9.04.010 [Weeds Declared Nuisance] is hereby amended to read as follows: 9.04.010 Weeds Declared Nuisance The arowth or maintenance of weeds upon lots and parcels of land, and abuttina riQhts-of-way in the City durinQ the summer season. or at any other time of year when deemed a fire. health or traffic hazard. is declared to be a nuisance. The growth of grass, weeds, shrubbery, and vegetation upon "acant and other lots and parcels of land, and the streets and alleys abutting thereon, in the City, during the summer season, constitutes a fire Ordinance No. Page 2 of 5 menace and greatly increases the fire hazard in the City, and is declared to be a nuisance. . SECTION 4. Sections 9.04.012 [Noxious Vegetation Declared Nuisance] through 9.04.015 [Exemptions to Nuisance] are hereby added to read as follows: 9.04.012 Noxious Veqetation Declared Nuisance The Qrowth or maintenance of noxious YeQetation upon lots and parcels of land, and abuttina riahts-of-way in the City at any time is declared to be a nuisance. 9.04.015 Exemptions to Nuisance A. The term "weed" does not include yeaetation that constitutes an aQricultural crop or decoratiye residentiallandscapinQ, unless that yeaetation is a fire, health, or traffic hazard. B. It shall not be a yiolation of this chapter for property owners to maintain wetland or upland native veQetation in its natural state either on their property or in common areas when required to do so pursuant to the reauirements of state law, city ordinance or land use approyal. Nothina herein prohibits a property owner from preservina natiye veaetation in its natural state in excess of the reauirements of state law or city ordinance, proyided the owner prepares and implements a manaaement plan for maintenance of the natural area and said plan is approved and on file with the community development department. SECTION 5. Sections 9.04.020 [Remoyal - Responsibility] and 9.04.030 [Violation] are hereby amended, and sections 9.04.024 [Responsibility of Owner -Remoyal of Noxious Vegetation] and 9.04.028 [Abatement Process] are hereby added to read as follows: 9.04.020 Responsibility of Owner - Removal of Weeds Responsibility The owner of any lot or parcel of land within the limits of the City of Ashland shall cut and/or remove weeds qrowina thereon, and on adiacent and abuttina riahts-of-way, between May 15th and June 15th of each year. It shall be the duty of an owner to continue to cut and . remoye the weeds throuQhout-the summer season, or any other time of year when deemed a fire, health, or traffic hazard. The o'tmer, agent of owner and/or occupant of any lot or parcel of land within the limits of the City of .J\shland shall cut and remove the weeds, grass, bushes and shrubbery, except ornamental bushes and shrubbery, growing thereon, or on adjacent and abutting streets, avenues, and alleys, bet\veen May 15th and June 15th of each year and shall, where the same grows a second gro..vth, cut the same a second Ordinance No. Page 3 of5 time during the summer and in case of failure to do so, said person or persons shall be subject to fine and/or imprisonment and the City may cause such vegetation to be cut and removed and the expense incurred on account thereof shall be chargeable as a lien upon said lot or parcel as aforesaid. 9.04.024 Responsibility of Owner - Removal of Noxious Veaetation The owner of any lot or parcel of land within the limits of the City of Ashland shall not permit noxious YeQetation to Qrow upon their property and on adiacent and abuttina riQhts-of-wav. It shall be the duty of an owner to cut down or to destroy and remoye all noxious yeaetation as often as needed to preyent it from becominQ a fire. health or traffic hazard. from becominQ unsiQhtly. or maturina. spreadina, and Qoina to seed. 9.04.028 Abatement Process The Uniform Abatement Process set forth in chapter AMC 2.31 shall apply to nuisances identified in this Chapter and may be used to abate continuina violations. NotwithstandinQ any other AMC proyisions, a code compliance officer may order the minimum abatement necessary to abate a fire. health or traffic hazard. (e.Q. creation of an adeauate fire break to protect adiacent property from fire exposure). Abatement of the nuisance shall not prohibit the city from seekinQ any other remedy or sanction proyided by law. 9.04.030 Violation Penalty Any yiolation owner, agent of the o.....ner, or occupant of any premises ':iolating any of the provisions of this chapter. includina creatinQ or maintainina a nuisance. shall be is punishable as a Class A yiolation and each day the nuisance is maintained shall constitute a separate offenses. prescribed in Section 1.08.020. SECTION 6. AMC 13.02.050 [Obligations of City] is hereby amended to read as follows: 13.02.050 Obligations of City The exercise of jurisdiction and regulatory control oyer a public right-of-way by the city is not official acceptance of the right-of-way for public access and does not obligate the city to open or improye any part of the right-of-way. Upon improyement of any public right-of-way to city street standards, the city shall accept the improyement and maintain and repair such improyement to the standard to which it has been improyed. For purposes of weed Ordinance No. Page 4 of 5 abatement and similar nuisance-type ordinances imposing obligations upon property owners. le.a. snow removal. weeds and noxious yeaetation. sidewalk maintenance) the city shall be responsible for compliance with such ordinances in public rights-of-way adiacent to or abuttina city-owned or controlled real property. SECTION 7. Repeal. Ashland Municipal Code Chapter 9.08.1 00 [Noxious Growth] is hereby repealed in its entirety. Any municipal code proYisions in conflict with the proYisions contained herein are also hereby repealed. SECTION 8. Seyerability. The sections, subsections, paragraphs and clauses of this ordinance are seyerable. The inyalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, I paragraphs and clauses. SECTION 9. Savinas. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or ciyil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operatiYe. This section simply clarifies the existing situation that nothing in this Ordinance affects the yalidity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 10. Codification. Proyisions 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-Iettered, proYided howeyer that any Whereas clauses and boilerplate provisions (i.e. Sections 7-10) 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 , 2010, and duly PASSED and ADOPTED this day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reyiewed as to form: Richard Appicello, City Attorney Ordinance No. Page 5 of5 CITY OF ASHLAND Council Communication Ordinance adding a Uniform Violation Abatement Procedure Meeting Date: March 16, 2010 Primary Staff Contact: Richard Appicello Department: City Attorney's Office E-Mail: appicelr@ashland.or.us Secondary Dept.: City Attorney's 0 ce Secondary Contact: Megan Thornton Approval: Martha Bennet Estimated Time: 15 minutes Question: Should the Council approve First Reading of an ordinance adding a uniform violation abatement procedure to the Ashland Municipal Code and move the ordinance On to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance and set Second Reading for April 6, 2010. Background: The Ashland Municipal Code contains violation abatement procedures and related provisions dispersed in several sections. (See AMC 6.40.160, AMC 9.04.040, AMC 9.04.050, AMC 9.08.240, AMC 9.08.260, AMC 9.12.050). Violation abatement includes but is not limited to abatement of nuisances, such as weeds, noxious growth, junk and debris, described in Chapter 9 of the Ashland Municipal Code. In conjunction with the revision to the weed abatement ordinance requested by Ashland Fire and Rescue, the City Attorney's Office standardized the procedures for abatement of violations by creating a new chapter. This abatement process does not result in a fine. The offender is directed to correct the violation and if the offender does not do so the City is empowered to enter and abate the violation. If the offender does not pay the cost of abatement a city lien can be imposed. This process is in addition to, and not in lieu of, the citation procedures available to cite offenders into Municipal Court as well as the administrative imposition of fines by the Building Official pursuant to the Ashland Building Code. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (I) Move to approve First Reading ofthe ordinance and set second reading for April 6, 2010. (2) Postpone First Reading to a certain date. Potential Motions: Staff: Conduct First Reading: Council: Move to approve First Reading of the ordinance and set second reading for Apri/6, 2010. Attachments: Proposed ordinance Page 1 of 1 ri.' ORDINANCE NO. AN ORDINANCE CREATING A NEW CHAPTER 2.31, RELATING TO UNIFORM ABATEMENT PROCESS FOR VIOLATIONS, AMENDING AMC 13.03.115, AMC 6.40.160, AND REPEALING AMC 9.08.240, AMC 9.08.260 AND AMC 9.12.050 Annotated to show doletionE: and additions to the code sections being modified. Deletions are bold "---' ..... and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter proYides: Powers of the City The City shall haye 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 haye 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 Beayerton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, a standardized abatement process would make it easier to abate yarious yiolations of the Ashland Municipal Code; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 2.31.010 [Abatement Notice] through 2.31.080 [Additional Remedies] are hereby added to read as follows: 2.31 Uniform Violation Abatement Process 2.31.010 Abatement Notice. A. Upon determination by the Code Compliance Officer that a violation of the Ashland Municipal Code exists that can be remedied by abatement. a Code Compliance Officer shall cause a notice of abatement to be served on the owner or person in charae of the property where the yiolation exists in accordance with 1.08.005.E [Service, Service by mail. etc.]. directina the owner or person in charae of the property to abate the yiolation. C. The notice to abate shall contain: 1. a description of the real property bv street address or otherwise. on which the yiolation exists; 2. a direction to abate the yiolation within ten (10) days from the date of postina; 3. a description of the yiolation and a reference to the ordinance or Code section number inyolyed; Page 1 of 10 4. a statement that. unless the violation is remoyed, the City may abate the violation and the cost of abatement shall be charaed to the person responsible. assessed aaainst the property, or both: 5. a statement that the person responsible may protest the order to abate by qiYinq written notice to the recorder within ten (10) days from the date of service in accordance with AMC 2.30.020 rAdministratiye Appeals Processl: 6. a statement that failure to abate a yiolation may result in abatement by the City and may also result in issuance of a ciyil yiolation citation: 7. if the person responsible is not the owner. an additional notice shall . be sent to the owner. statina that all or part of the abatement costs not paid by the person responsible will be assessed to and become a lien on the property. D. On completion of service. the persons responsible for service shall execute and file certificates statina the date and place of service. E. An error in the notice mailed shall not make the notice void. F. The City is not reauired to post the property but may always proYide postina at its discretion to facilitate notice with the responsible parties. 2.31.020 Abatement by a Person Responsible. A. Within ten (10) days after service of the notice as proyided in AMC 1.08.005.E rService. Service by mail, etc.], a person responsible shall remoye the yiolation or show that no yiolation exists by protestina the violation as provided herein. B. A person responsible. protestina the existence of a yiolation, shall. within ten (10) days after service. file with the city recorder a written notice of appeal specitvinq the basis for protestina in accordance with AMC 2.30.020 rAdministrative Appeals Process], Failure to file a written notice of appeal constitutes a waiver to any obiection that the person may have to the findina that a yiolation exists or to the abatement of the violation by the City. C. After hearina the matter. the hearinas officer may determine that no yiolation exists, determine that a yiolation exists and order its abatement. impose conditions on the person responsible, or delay the time for abatement of the yiolation. The hearinas officer shall make written findinas in support of its decision when a yiolation is determined to exist. and its decision shall be final. D. If the hearinas officer determines that a yiolation does in fact exist. a person responsible shall abate the yiolation within ten (10) days after the hearina officer's determination, unless the hearinas officer has delayed the time for abatement pursuant to subsection C. 2.31.030 Abatement by the City. A. If the yiolation has not been completely abated by a person responsible within the time allowed. the Code Compliance Officer may abate the violation or cause it to be abated. B. The Code Compliance Officer shall haye the riqht at reasonable times to Page 2 of 10 enter into or upon property in accordance with all laws. includina search and seizure laws. to inyestiaate or cause the remoyal of a yiolation. The City shall haye the authority to dispose of all seized property in any lawful manner and shall. if practical, attempt to obtain salvaQe value for material that has a fair market yalue in excess of $25.00 per item. C. The Code Compliance Officer shall keep an accurate record of the costs incurred by the City in physically abatina the yiolation. 2.31.040 Assessment of Costs and Entry of Lien. A. The Code Compliance Officer shall serve the owner and the person responsible with a notice statinQ: 1. The total cost of abatement. includina the administratiye cost of abatement minus any salvaQe yalue; 2. The total cost of abatement will be assessed to the property and become a lien aaainst the property unless it is paid within thirty (30) days of the date of service of the notice or a payment plan is confiaured to pay off the total amount owed and financial security is posted; 3. Until the 30-day notice has lapsed. the finance director shall temporarily enter the cost of abatement in the City's lien docket; 4. The finance director shall enter the cost of abatement in the City's lien docket if any aareed upon payment plan is yiolated and execute on any security instrument proyided; , 5. That a written notice obiectina to the cost of abatement may be filed with the finance director not more than ten days after the date the notice was mailed to the property owner or the person responsible. B. If an obiection is receiyed on or before the expiration of ten (10) days after the date the notice was served. the finance director. in the reaular course of business. shall hear any timely obiection and determine the costs to be assessed. The finance director's determination shall be by written order. C. The property owner or person responsible may appeal the finance director's decision pursuant to AMC 2.30.020 rAdministratiye Appeals Process]. An assessment of the costs of abatement shall be entered into the City's permanent lien docket and shall become a final lien on the property from which the yiolation was abated if the costs of the abatement are: 1) not appealed in a timely manner. 2) not paid within thirty (30) days from the date the notice was mailed, 3) or if any payment plan is yiolated. In the event of a timely obiection or appeal, the costs, if any. shall be entered upon conclusion of the obiection or appeal process. D. The lien shall bear interest at nine percent (9%) per annum or such other rate as established by Council resolution. The interest shall beQin to run from the date of the entry of the lien in the lien docket. E. The City may include in one foreclosure proceedina as many accounts as the City may haye aaainst separate properties for abatina yiolations and may proceed to assess and collect sinale lot assessments aQainst each property in a sinale proceedinQ. F. An error in the name of the person responsible for abatina the yiolation shall not void the assessment. nor will a failure to receiye the notice of the " Page 3 of 10 total cost of abatement render the assessment yoid: the lien shall be a yalid lien aaainst the property. 2.31.050 Abatement - Joint Responsibility. If more than one person is responsible for the Yiolation. they shall be iointly and severally liable for abatinq the yiolation or for the costs incurred by the City in abatinQ the yiolation. 2.31.060 Other Methods of Collectinq Abatement Costs The costs assessed for abatement of a yiolation may be collected pursuant to ORS 30.310 or 30.315. 2.31.070 Summary Abatement Process A. The city may summarily abate any yiolation or nuisance on any property or premises which a Code Compliance Officer. in the exercise of reasonable discretion. determines poses an imminent danQer or threat to the public's health. safety or welfare. In the eyent a Code Compliance .' Officer makes such a determination. it shall be set out in writina and at a minimum include information on the followina: 1. The location of the property where the yiolation constitutina the imminent threat or danaer is located; 2. The nature of said violation or condition; and 3. The attempts, if any. to contact the owner of the property and the reasones} why said owner or responsible person did not abate the yiolation. B. In the eyent the code compliance officer makes the aboye written determination. the city need not proyide pre-abatement notice consistent with Section 2.31.010; however. the city shall provide notice to the owner of the property within ten e10} days after the city's abatement of the yiolation. Said notice shall include the followinq: 1. A COpy of the written determination noted in 2.31.070.A; 2. A briefdescription of the actiones} the city took to abate the Yiolation; and 3. The costs. if known, incurred by the city to abate the violation. C. The Code Compliance Officer shall haye the riaht at reasonable times to enter into or upon property in accordance with all laws, includina search and seizure laws. to inyestiQate or cause the removal of a violation. The City shall haye the authority to dispose of all seized property in any lawful manner and shall, if practical, attempt to obtain salyaae yalue for material that has a fair market yalue in excess of $25.00 per item. 2.31.080 Additional Remedies The requirement to abate a yiolation is not a penalty for yiolatinQ the Ashland Municipal Code; it is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the yiolation. SECTION 2. Amendment. Ashland Municipal Code Section 13.03.115 [Summary Abatement] regarding sidewalk cafe, special event, and publication box regulations is Page 4 of 10 hereby amended to read as follows: 13.03.115 Summary Abatement If the condition of any item in the City right of way, including any street or sidewalk is such that it creates a risk of serious injury to the persons or property, the Public Works Director is authorized to pursue summary abatement in accordance with Chapter 2.31 4.03 and to charge against the responsible owner/operator the full costs of such abatement. SECTION 3. Amendment. Ashland Municipal Code Section 6.40.150 [Revocation or Suspension of License] through 6.40.170 [Penalties] is hereby amended to read as follows: 6.40.150 Reyocation or Suspension of License A. Except as proYided in section 6.40.160.B.3, before any license is suspended or revoked, notice ami hearing shall be proYided in accordance with this section 1.08.005. An ambulance operator shall be afforded opportunity for hearing in accordance with the terms of AMC 2.30 after reasonable notice, served personally or by registered or certified mail. A hearing shall be held by the council if the operator requests a hearing 'l.'ithin ten days of receipt of the notice. The notice shall include: 1. 1'. statement of the operator's right to hearing, or a statement of the time and place of the hearing. 2. /\ statement of the authority and jurisdiction under which the hearing is to be held. 3. A reference to the particular sections of this chapter involved; and 4. ^ short ami plain statement of the matters asserted or charged. B. The Hearina Officer council, if the matter is heard by the cOllncil, or the city administrator, if no hearing is held, may revoke 9r suspend a license upon finding that an ambulance operator fails to meet the requirements of this chapter or is doing business in yiolation of this chapter or applicable federal, state, or county laws, ordinances, rules or regulations. C. Any person whose license has been denied or reyoked may, after thirty days from the date of denial or suspension, apply for a license upon payment of an application fee in the amount of the annual license fee, which shall not be credited to the applicant's annual license fee. D. Any person whose license has been denied or reyoked for a total of two times within one year, or who has a combined total of four denials or reyocations shall be disqualified from applying for a license for a period of two years from the date of the last reyocation or denial. Page 5 of 10 6.40.160 Abatement of Violations A. Upon finding that a violation of this chapter, or applicable federal, state, city, or county laws, ordinances, rules or regulations has occurred, the city may utilize the uniform abatement process specified in AMC 2.31. In addition to the remedies specified therein, if administrator shall pra'lide written notice to the ambulance operator of the '.'ialatian and demand that the violation be corrected within a reasanable time as specified in the notice. 8. In the event af 3 natice under subsectian 1', of this sectian: 1. The ambulance operator shall notify the citY'Nhen carr-ecti\'e actian has been taken, and the city shall then cause an inspection to be made ta determine compliance. 2-rlf the ambulance operator fails to take correctiye action within the time required, the city may also take action under section 6.40.150 to revoke or suspend the license. 3. If the city administrator finds that the violation constitutes an immediate danger to the public health and safety, the administrator may, by administratiye order, and consistent with AMC 2.31.070, direct the immediate cessation of activities under the license pending a hearing. The hearing shall be held as provided in section 6.40.150. 6.40.180 Penalties A. In addition to any other procedures and remedies proYided by law, any person violating any section within this chapter shall be guilty of a infraction Class A yiolation. subiect to the limitations of the Ashland Municipal Charter. as set forth in sectian 1.08.020 except that the penalty shall be a fine not to exceed $1,000. B. Each and every day during any portion of which a yiolation any section of this chapter is committed, continued or permitted by any such person, is a separate violation subject to a separate fine of $1,000 and such person shall be punished accordingly. SECTION 4. Repeal. Ashland Municipal Code Sections 9.08.200 [Abatement Notice] through 9.08.240 [Summary Abatement] regarding nuisance abatement are hereby repealed in their entirety. Any municipal code proYisions in conflict with the provisions contained herein are also hereby repealed. 9.08.200 J\,batement Notice 1\. Upan determinatian by the Cauncil that a nuisance as defined in this chapter or any ardinance of the City exists, the Cauncil shall forthwith cause a natice ta be pasted an the premises '....here the nuisance exists, directing the awner ar person in charge of the praperty ta abate the Page 6 of 10 nuisam:e. B. At the time of posting, the City ReGorder shall Gause a GOPy of SUGh notiGe to be fOI'\'1arded by registered or Gertified mail, postage prepaid, to the owner or person in Gharge of the property at the last known address of the owner or other person. C. The notiGe to abate shall Gontain: 1. A desGription of the real property, by street address or otherwise, on whiGh the nuisanGe exists; 2. A direction to abate the nuisanGe within ten (10) days from the date of the notiGe; 3. A description of the nuisanGe; 4. A statement that, unless the nuisanGe is removed, the City may abate the nuisanGe and the Gost of abatement shall be a lien against the property; 5. A statement that the owner or other person in Gharge of the property may protest the abatement by giving notiGe to the City ReGorder within ten (10) days from the date of the noliGe. D. Upon Gompletion of the posting and mailing, the person posting and mailing the notice shall exeGute and file a certifiGate stating the date and plaGe of the mailing and posting. E. An error in the name or address of the owner or person in charge of the property or the use of a name other than that of the owner or other person shall not make the noliGe void and in SUGh a Gase the posted notice shall be sufficient. 9.08.210 Abatement 8yowner ^. 'Nithin ten (10) days after the posting and mailing of the notiGe as provided in Section 9.08.200, the owner or person in Gharge of the property shall remo'/e the nuisanGe or sho\\' that no nuisanGe exists. 8. The owner or person in charge protesting that no nuisance exists shall file with the City Recorder a written statement whiGh shall speGify the basis for so protesting. C. The statement shall be referred to the CounGiI as a part of the Council's r-egular agenda at its next sUGceeding meeting. At the time set for Gonsider-ation of the abatement, the owner or other person may appear and be heard by the CounGil, and the CounGiI shall thereupon determine whether or not a nuisanGe in fact exists, and the determination shall be entered in the offiGial minutes of the CounGil. Council determination shall be required only in those cases where a written statement has been filed as provided. D. If the CounGiI determines that a nuisanGe does in faGt exist, the o'....ner or other person shall within ten (10) days after the CounGiI determination abate the nuisanGe. 9.08.210 Abatement 8yowner J\. Within ten (10) days atter the posting and mailing of the notice as pro'/ided in Section 9.08.200, the owner or person in Gharge of the property Page 7 of 10 c shall remove the nuisance or sho'.... that no nuisance exists. a. The owner or person in charge protesting that no nuisance exists shall file with the City Recorder a written statement which shall specify the basis fer so protesting. C. The statement shall be referred to the Council as 'a part of the Council's regular agenda at its next succeeding meeting. At the time set fer consideration of the abatement, the owner or other person may appear and be heard by the Council, and the Council shall thereupon determine whether or not a nuisance in fact exists, and the determiFlation shall be entered in the official minutes of the Council. Council determination shall be required only in those cases 't:here a written statement has been filed as provided. D. If the Council determines that a nuisance does in fact exist, the owner or other person shall within ten (10)'days after the Council determination abate the nuisance. 9.08.220 Abatement by City ^. If, 'lJ.'ithin the time allo'....ed, the nuisance has not been abated by the owner or person in charge of the property, the Council may cause the nuisance to be abated. 8. The officer charged "lith abatement of the nuisance shall ha'le the right at reasonable times to enter into or upon property to in'lestigate or cause the removal of a nuisance. C. The City Recorder shall keep an accurate record of the expense incurred by the City in abating the nuisance and shall include therein a charge of twenty percent (20%) of the expense fer administrative overhead. 9.08.230 Cost assessment ^. The City Recorder, by registered or certified mail, postage prepaid, shall ferward to the owner or person in charge of the property a notice stating: 1. The total cost of abatement including the administrative overhead; 2. That the cost as indicated will be assessed to and become a lien against the property unless paid within thirty (30) days tram the date af this natice; 3. That if the owner ar persan in charge of the praperty objects ta the cast of the abatement as indicated, a natice af objectian may be filed with the City Recarder nat mare than ten (10) days from the date of the natice. a. Upan the expiration of ten (10) days after the date af the natice the Council, in the r-egular caurse af business, shall hear and determine the objectians ta the casts ta be assessed. C. If the costs of the abatement are nat paid '....ithin thirty (30) days from the date af the notice, an assessment af the costs as stated ar as determined by the Council shall be made by resolution and shall thereupon be entered in the docket of City lieRs, aRd, upon such entry being made, shall constitute a lien upon the property from which the nuisance was r-emoved or abated. D. The lien shall be enferced in the same manner as liens for street Page 8 of 10 improvements are enforced and shall bear interest at the rate of six percent (6%) per year. The interest shall commence to rim from the date of entry of the lien in the lien docket. E. An error in the name of the owner or person in charge of the property shall not '/oid the assessment nor .....iII a failure to receiye the notice of the proposed assessment render the assessment void, but it shall r-emain a '/alid lien against the property. 9.08.240 Summary Abatement The procedure provided by this chapter is not exclusi'/e but is in addition to procedures provided by other ordinances, and the health officer, the Fire Chief, or the Police Chief may proceed summarily to abate a health or other nuisance which unmistakably exists and .....hich imminently endangers human life or property. SECTION 5. Repeal. Ashland Municipal Code Section 9.08.260 [Separate Violations] regarding nuisance abatement is hereby repealed in its entirety. Any municipal code proYisions in conflict with the proYisions contained herein are also hereby repealed. 9.08.260 Separate Violations A. Each day's violation of a provision of this chapter constitutes a separate offense. B. The abatement of a nuisance is not a penalty for violation of this chapter but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. SECTION 6. Repeal. Ashland Municipal Code Section 9.12.050 [Violation - Notice to Abate] regarding junk abatement is hereby repealed in its entirety. Any municipal code proYisions in conflict with the proYisions contained herein are also hereby repealed. 9.12.050 Violation Notice to J'.bate In case of the ':iolation of the pro'lisions of this chapter, the police department shall cause to be served on the o\....ner, lessee, or occupant of any pri':ate property upon ':Jhich the junk is located and r-equiring said person or persons to remo','e the junk or place the same in a building wholly or entirely enclosed except doors for use for ingress and egress. Said notice shall be given by personal service to said person or persons or the posting thereof in a conspicuous place on the property where said junk is located. Said notice shall require compliance within ten (10) days after the date of service or posting of said notice. No notice need be gi'ten to any person violating this chapter by the keeping of junk on a street or other public property. SECTION 7. Severability. The sections, subsections, paragraphs and clauses of this ordinance are seyerable. The inyalidity of one section, subsection, paragraph, or clause Page 9 of 10 shall not affect the yalidity of the remaining sections, subsections, paragraphs and clauses. SECTION 8. SaYinas. Notwithstanding this amendmenUrepeal, the City ordinances in existence at the time any criminal or ciyil enforcement actions were commenced, shall remain yalid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operatiye. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 9. Codification. Proyisions 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-Iettered, proYided however that any Whereas clauses and boilerplate proYisions (i.e. Sections 7- 9) 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 , 2010, and duly PASSED and ADOPTED this day of ,2010, Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 10 of 10 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Creating a New Chapter 13.30 - Relating to the Advance Financing of Public Improvements March 16,2010 Primary Staff Contact: Public Works E-Mail: N/ A Secondary Contact: Martha Benn Estimated Time: Michael R. Faught faughtm@ashland.or.us Richard Appicello 15 minutes Question: Should the Council approve First Reading of an ordinance amending Chapter 13 to add provisions concerning Advance Financing of Public Improvements and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance and set Second Reading for April 6,2010. . Background: At the November 30, 2009 City Council Study Session, the City Council heard a presentation On the merits of adding new code language to add an Advance Financing of Public Improvements in order to provide a financial mechanism to reimburse publicly or privately-funded public improvement projects that have direct benefit to other property owners. Most new private developments require the upgrade of public facilities. Unless these projects meet the requirements of a Systems Development Charge or a Local Improvement District, the cost of these upgrades is paid for by the developer and/or the City. Sometimes a developer has to put in larger facilities than are required only by their development to avoid having to replace or reconstruct the facility when other properties develop. When the developer is required to install larger capacity facilities to meet the demands of future development, they (or the City) shoulder the burden of the increased costs. As a result, future property oWners get the full benefit of the new facility without paying their proportionate share of the costs. Currently, there are only two methods of charging benefited property oWners their share of public improvement projects. Such methods include a System Development Charges (SDC) or the formation of a Local Improvement District (LID). I. SDC's: The collection of SDC's are payable upon the issuance or approval of a building or plumbing permit or a development, or a permit for a development not requiring a building permit, or a permit or other authorization to connect to the water, sanitary sewer or storm drainage system (AMC 4.20.070). The amount of the SDC is based on the cost of the capital improvement attributed to growth and identified On the Capital Improvement Project (CIP) list. This method collects revenue for future capacity expansion related to growth and to developments that includes an SDC eligible project Can be reimbursed for the section of the project identified within the SDC Capital Improvement List. Page I of3 r.l' CITY OF ASHLAND 2. LID: A Local Improvement District (LID) is an existing tool to construct public facilities, generally in an existing facility or neighborhood (street, transit, parking, sewer, water, irrigation, etc.) and distributes the cost of public improvement projects based On benefited use. An LID assessment is assessed to the property owner immediately and the debt can be financed over a period of at least ten (10) years. A third option is Advanced Financing, which is similar to the formation of a Local Improvement District (LID) in that it distributes the cost of public improvement projects based On benefited use. The difference between the two financing options is that an LID assessment is due immediately. The Advance Financing method is due when the benefited property owner hooks into the public improvement. If the Council desires to provide a third financing option for developer conditioned or for pubic initiated public improvements then staff recommends adding a new chapter of the municipal code 13.30 titled Advance Financing of Public Improvements. Some of the key elements of the new proposed Advance Financing Ordinance are as follow: . Public Improvement I. The grading, graveling, paving or other surfacing of any street; or opening, laying out, widening, extending, altering, changing the grade of or constructing any street. 2. The construction of sidewalks. 3. The construction or upgrading of any sanitary or storm sewer. 4. The construction or upgrading of any water line, reservoir, well or related water facility. 5. Any other public improvement authorized by the Council. . Applicabilitv o Either the City Councilor the Planning Commission may condition planning actions to require the applicant to enter into an advance financing agreement. o The City Council may designate the City or other public entity as the developer and direct the City Administrator to prepare an advance financing application. . Receiot of Application: The Public Works Department receives advance financing applications and prepares an analysis of the proposed public improvement. . Public Hearing: An informational public hearing before the City Council shall be held to give the general public an opportunity to express views and questions about the proposed advanced finance public improvements. . Advanced Financing Resolutions and Agreements: If the Council desires to proceed with advance financing of a public improvement, the Council shall pass an advance financing resolution. . Disposition of Advance Financed Reimbursements: o The City collects the payments for the Advanced Financed public improvement and then pays the developer for a period of 10 years. The developer can request two additional 5 year extensions. o Reimbursements not paid to the developer shall be retained by the City and used for other related system improvements as authorized by the Council. Page 2 of3 r~' CITY OF ASHLAND Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: 1. Move to approve First Reading of the ordinance and set second reading for April 6, 2010. 2. Postpone First Reading to a date certain. Potential Motions: Staff: Conduct First Reading: Council: Move to approve First Reading of the ordinance and set second reading for April 6. 2010. Attachments: Proposed ordinance Page 3 of3 r.l' ORDINANCE NO. AN ORDINANCE CREATING A NEW CHAPTER 13.30 RELATING TO THE ADVANCE FINANCING OF PUBLIC IMPROVEMENTS Annotated to show deletions and additions to the code sections being modified. Deletions are bold" ~ . 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; and . 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 Firefiahters. Local 1660. Beaverton ShOD. 20 Or. App. 293, 531 P 2d 730, 734 (1975); and WHEREAS, The City Council finds and determines that it is in the best interests of the people of the City of Ashland to authorize the creation of an advanced financing resolution to provide for an alternative reimbursement vehicle for infrastructure costs fronted by the City or by a private party in excess of a development's proportionate infrastructure allocation; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:_ SECTION 1. A new Chapter 13.30, including Sections 13.30. 010 [Definitions] through 13.30.075 [Dispute Resolution], is hereby added to read as follows: CHAPTER 13.30 ADVANCE FINANCING OF PUBLIC IMPROVEMENTS SECTIONS 13.30.010 Definitions 13.30.015 Purpose 13.30.020 Applicability 13.30.025 Receipt of Application 13.30.030 City Staff Analysis 13.30.035 Public Hearing 13.30.040 Notification 13.30.045 Advance Financing Resolutions and Agreements 13.30.050 Advance Financed Reimbursement 13.30.055 Disposition of Advance Financed Reimbursements 13.30.060 Recording 13.30.065 Public Improvements 13.30.070 Multiple Public Improvements 13.30.075 Dispute Resolution Page 1 of 7 13.30.010 DEFINITIONS The following are definitions for the purposes of this Chapter and for the purposes of any advance financing agreement entered into with the City of Ashland ("City") pursuant hereto and for any actions taken as authorized pursuant to this Chapter or otherwise: A. ADVANCE FINANCING: means a developer's or City's payment for the installation of one 'or more public improvements installed pursuant to this Chapter which benefiting property owners may utilize upon reimbursing a proportional share of the cost of such improvement. B. ADVANCE FINANCING AGREEMENT: means an agreement between one or more private land owner(s) or developer(s) and the City, as authorized by the Council by resolution, and executed by the City Administrator, which agreement provides for the installation of and payment for advance financing of public improvements, and may, in such agreement, require provisions for improvement, inspection and other financial guarantee(s) as the City deems best to protect the public and benefiting property owners, and may make such other provisions as the Council determines necessary and proper. C. ADVANCE FINANCING RESOLUTION: means a resolution passed by the Council and executed by the Mayor designating a public improvement to be an advance financed public improvement and containing provisions for financial reimbursement by benefiting property owners who may eventually utilize the improvement and such other provisions as the Council determines in the best interest of the public. D. BENEFITTING PROPERTY OWNER: means the fee holder of record of the legal title to real property which, by virtue of installation of an advance financed public improvement, may be served, all or in part, by the same. Where such real property is being purchased under recorded land sales contract, then such purchaser(s) shall also be deemed owner(s). E. CITY: means the City of Ashland and shall include the following entities: 1. COUNCIL: means the City Council of Ashland; 2. CITY ADMINISTRATOR: means the City Administrator of the City of Ashland; 3. PLANNING COMMISSION: means the Planning Commission of the City of Ashland; 4. PUBLIC WORKS DIRECTOR: means the Public Works Director of the City of Ashland; 5. CITY ENGINEER: means the City Engineer of the City of Ashland. F. DEVELOPER: means the City, an individual, a partnership, a joint venture, a corporation, a subdivider, a partitioner of land or any other entity, without limitation, who will bear, under the terms of this Chapter, the expense of construction. purchase, installation, or other creation of a public improvement. G. PROPORTIONAL SHARE: means the amount of the advance financed reimbursement due from the benefiting property owner calculated in accordance with section 13.30.050(B). H. PUBLIC IMPROVEMENT: means the following: 1. The grading, graveling, paving or other surfacing of any street; or opening, Page 2 of 7 laying out, widening, extending, altering, changing the grade of or constructing any street; . 2. The construction of sidewalks; 3. The construction or upgrading of any sanitary or storm sewer; 4. The construction or upgrading of any water line, reservoir, well, or related water facility; or . 5. Any other public improvement authorized by the Council. 13.03.015 PURPOSE The purpose of this Chapter is to ensure orderly new development by providing methods to finance necessary public improvements so that these necessary public improvements are installed concurrent with, or before, the new development occurs. The Chapter permits the City to require that new development pay the installation cost of necessary public improvements and assures that necessary public improvements are installed in accordance with adopted public facilities plans. The Chapter provides for a mechanism to reimburse developers, the City, or both, from benefiting property owners for a proportional share of costs incurred. 13.03.020 APPLICABILITY A. In accordance with Title 18 "Land Use" of the Ashland Municipal Code, the Planning Commission or Council may condition approval of planning actions, such as but not limited to, subdivisions, land partitions and conditional use permits, to require that the applicant construct necessary public improvements for the development. When the development is to occur at locations where approved capital improvement or other master planning documents show new public improvements are necessary, the Planning Commission or Council may condition such planning action approval(s) to require that the applicant enter into an advance financing agreement which will best protect the public and promote the general welfare of the City. B. In accordance with Section 13.30.035 - 13.30-045, the Council may determine that an advance financed public improvement will best protect the public and promote the general welfare of the City by ensuring orderly new development. In the absence of a development application, the Council may, by option, designate the City or other public entity as the developer and direct the City Administrator to prepare an advance financing application. C. In the event the development's subject property is in the Urban Growth Boundary, it shall be, in due course, annexed to the City. The terms of the City's agreement(s) with Jackson County, concerning the Urban Growth Boundary, as well as other agreements for provision of public services, (e.g. agreements with Ashland Fire District and others), shall be considered in action(s) taken through under the auspices of this Chapter. 13.30.025 RECEIPT OF APPLICATION The City Public Works Department will receive applications, accompanied by a mandatory application fee, plus a deposit for the cost to notice and prepare the analysis of the proposed public improvement, in such form and amount as the Council may, from time to time, set by resolution, for advance financed public improvements. The application fee is non-refundable and the deposit will be applied against the cost of administrative analysis of the proposed advance financed public improvements, for the cost of notifying the property owners, and for Page 3 of 7 recording cost. When the City, or other public entity, is the developer, the Council shall, by motion, direct the City to submit the application to the pUblic works department without fee or deposit. Applications for advance financed public improvements are expected to be submitted and approved prior to start of work; however, applications will be accepted for a period of six months after start of work for the public improvement. '13.30.030 CITY STAFF ANALYSIS Upon receipt of the advance financed public improvements application, the public works department shall make an analysis of the advance financed public improvements proposal and shall prepare a report to be submitted to the Council for review, discussion, and public hearing. Such report shall include a map showing the location and area of all benefiting properties. The report shall also include the City Engineer's estimate of the total cost of the advance financed public improvement, and a cost allocation plan to benefiting properties. If the improvement is in the City's Urban Growth Boundary, Jackson County and special districts affected shall be provided a copy of the report. ' 13.30.035 PUBLIC HEARING Within a reasonable time after the Public Works Department has completed its analysis and report to the City Administrator, an informational public hearing before the Council shall be held in which all parties and the general public shall be given the opportunity to express their views and ask questions pertaining to the proposed advance financed public improvements. Since advance financed public improvements do not give rise to assessments, the public hearing is for informational purposes only, and is not subject to mandatory termination due to remonstrances. The Council has the sole discretion, after the public hearing, to decide whether or not an advance financing resolution shall be approved. 13.30.040 NOTIFICATION Not less than seven (7) nor more than thirty (30) days prior to any public hearing being held pursuant to this Chapter, the developer, all benefiting property owners, and the general public (and, if the improvements are within the City's Urban Growth Boundary, then Jackson County, and any other district affected) shall be notified of such hearing and the purpose thereof. Public notice shall be accomplished by a written notice posted at Ashland City Hall and such other conspicuous locations as the Council may determine to be appropriate, and by a written notice published in a newspaper of general circulation in the community, once in either of the two consecutive weeks prior to the hearing. Notification of benefiting properly owners shall also be accomplished by regular mail, or by personal service. If notification is accomplished by mail, notice shall be considered made on the date that the letter of notification is posted. Failure of any owner to be so notified shall not invalidate or otherwise affect any advance financing resolution or the Council's action to approve or not to approve the same. 13.30.045 ADVANCE FINANCING RESOLUTIONS AND AGREEMENTS After the public hearing held pursuant to section 13.30.040, A. If the Council desires to proceed with advance financing of a public improvement, it shall pass an advance financing resolution accordingly. The resolution shall designate the proposed improvement as an advance financed public improvement and provide for advance financed reimbursement by benefiting property owners pursuant to this Chapter. When the developer is a private developer, the advance Page 4 of? financing resolution shall instruct the City to enter into an agreement between the developer and the City pertaining to the advance financed public improvement. and may, in such agreement, require improvement, inspection and other financial guarantee(s) as the City deems best to protect the public and benefiting property owners. and may make such other provisions as the Council determines necessary and proper. B. If the Council rejects the application, no further action shall be taken at that time. 13.30.050 ADVANCE FINANCED REIMBURSEMENT A. Advanced Financed Reimbursement Imposed. An advance fina'nced reimbursement is imposed on all benefiting property owners at such time as the owners apply for connection to advance financed public improvement, or apply for building permits for projects that utilize an advance financed public improvement. B. Rates. Benefiting property owners shall pay advance financed reimbursement calculated as follows: 1. If the advance financed public improvement is completed by a private developer, the reimbursement to the developer via the City shall be the total actual cost of the improvement, increased by seven (7) percent annual simple interest. or such other interest rate as the Council may, from time to time, set by resolution, and applied to the cost allocation plan described in City Staff Analysis. Section 13.30.030; 2. If the advance financed public improvement is completed by a public agency, the reimbursement to the publiC agency shall be the total cost of the improvement increased by the same interest rate, including costs. as the public entity pays to finance construction, and applied to the cost allocation plan described in City Staff Analysis, Section 13.30.030; or 3. If the advance financed public improvement is completed without the issuance of debt by the public entity, the reimbursement to the public entity shall be to the total cost of the improvement increased by the current interest rate private developers receive, as set forth in above subsection, and applied to the cost allocation plan described in City Staff Analysis, Section 13.30.030. 4. If inequities are created through the strict implementation of the above Formulas 1, 2 or 3, above, the Council may modify its impact on a case-by-case basis. C. Collection 1. The advance financed reimbursement is immediately due and payable by benefiting property owners upon th~ir application for connection to an advance financed public improvement or any building permit the result of which will utilize any advance financed public improvement. If connection is made or construction commenced without the above-described permits, then the advance financed reimbursement is immediately due and payable upon the earliest date that any such permit was required. No permit for connection or construction shall be issued until the advance financed reimbursement is paid in full or otherwise processed in accordance with the terms of Paragraph 2 of this Subsection C. Whenever the full Page 5 of 7 and correct advance financed reimbursement is due and has not been paid and collected for any reason, the City Administrator shall report to the Council the amount of the uncollected reimbursement, the description of the real property to which the reimbursement is attributable, the date upon which the reimbursement was due and the name or names of the benefiting property owners. The City Council, by motion, shall then set a public hearing and shall direct the City Administrator to give notice of the hearing to each of those benefiting property owners, together with a copy of the City Administrator's report concerning the unpaid reimbursement, either in person or by certified mail. Upon public hearing, the Council may accept, reject, or modify the City Administrator's report; and if it finds that any reimbursement is unpaid and uncollected, the Council, by motion, may direct the City Recorder to docket the unpaid and uncollected reimbursement in the City docket of liens. Upon completion of the docketing, the City shall have a lien against the described land for the full amount of the unpaid advance financed reimbursement, together with interest at the current legal rate, and the City's actual cost of serving notice upon the benefiting property owners. The lien shall be enforced in the manner provided by Oregon Revised Statutes Chapter 223. 2. Whenever an advance financed reimbursement is due and collectable, the benefiting property owner may apply, upon forms provided by the City Administrator, for the voluntary imposition of a lien upon the subject property for the full amount of the advance financed reimbursement and the payment of that lien in twenty equal semi-annual installments including interest at the current legal rate. The applicant must provide a certificate from a licensed title insurance company showing the identity and amount of all other liens already of record against the property and a certificate from the County Tax Assessor showing the assessed value less the combined total principal balance and accrued interest on all prior liens. Upon receipt of such certificates and application, the City Administrator shall compute the amount of the advance financed reimbursement, the date upon which the reimbursement is due, the name or names of the applicant/owners and the description of the property; and, upon receiving that report, the City Recorder shall record the lien in the City record of liens. From the time that docketing is completed, the City shall have a lien upon the subject property for the amount of the charge and interest upon that charge at the rate established by the Council for advance financed public improvements. That lien shall be enforced in the manner provided in Oregon Revised Statutes Chapter 223. 13.30.055 DISPOSITION OF ADVANCE FINANCED REIMBURSEMENTS Private developers shall receive a portion of advance financed reimbursement collected by the City pertaining to their advance financed public improvements. Such reimbursement shall be delivered to the developer for a period of ten (10) years from the date the applicable advance financing agreement has been executed. In addition, any developer, or said developer's heirs, successors or assigns, may apply at five-year intervals for two five-year extensions beyond the initial ten-year period. Such reimbursement will be made by the City within ninety (90) days of receipt of the advance financed reimbursements. Advance financed reimbursements not paid to the developer under the terms of this Chapter shall be retained by the City to be used for related system improvements as authorized from time to time by the Council. Page 6 of 7 13.30.060 RECORDING All advance financing resolutions shall be recorded by the City in the property records of Jackson County, Oregon. Such resolution shall identify full legal description of the benefiting properties. Failure to make such recording shall not affect the legality of an advance financing resolution or agreement. 13.30.065 PUBLIC IMPROVEMENTS Public improvements established pursuant to advance financing agreements shall become and remain the sole property of the City pursuant to the advance financing agreements, and advance financed reimbursement, plus interest, not paid to the developer during the ten-year period, or any extension or extensions thereof, as set forth in section 13.30.055, shall be paid to the City to be used for related system improvement as authorized from time to time by the Council. 13.30.070 MULTIPLE PUBLIC IMPROVEMENTS Any advance financing application may include one or more public improvements. 13.30.075 DISPUTE RESOLUTION In the event of a dispute arising from a transaction prescribed in this Chapter, it shall first be addressed by mandatory mediation, the participants in which shall be all parties affected. If settlement cannot be reached, resolution shall be by binding arbitration and' the prevailing party(ies) shall be entitled to arbitration fees and costs incurred. SECTION 2. 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 3. 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-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-3) 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 , 2010 and duly PASSED and ADOPTED this _ day of ,2010 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 7 of 7 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Relating to Storage of Vehicles March 16, 2010 Primary Staff Contact: Richard Appicello City Attorney's Office E-Mail: appicelr@ashland.or.us Police Departm Secondary Contact: Terry Holderness Martha Benne Estimated Time: 10 minutes Question: Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance Creating Chapter 11.34 Relating to Storage of Personal and Recreational Vehicles and Amending AMC 11.24.020"7 Staff Recommendation: Staff recommends Council approve the First Reading by title only and set the matter for Second Reading. Background: The 2009 modifications to the Abandoned Vehicle chapter were to ensure that the chapter complied with Law Enforcement Data System requirements. Those modifications created some ambiguities in the code that refer to storage of a vehicle in the right of way. This ordinance better defines "storage" and "vehicle." The ordinance clarifies that personal vehicles are considered stored if they are parked for more than 72 hours and the vehicle accumulates debris. A recreational vehicle or trailer is stored if it is parked on the public right-of-way for more than seventy- two hours. The seventy-two hour prohibition maintains the time limit from AMC 11.24.020(c)(4). This ordinance would allow a person to park their car and walk to work during the week without violating the ordinance as long as the vehicle did not accumulate debris. In addition, this ordinance authorizes code compliance officers to issue citations, compel abatement (tow) pursuant to Chapter 2.31, or abate violations pursuant to Chapter 11.32 if the vehicle is abandoned. Related City Policies: City Charter Article 10, Ordinance adoption provisions. Council Options: I) Move to approve the First Reading and set the matter for Second Reading. 2) Postpone consideration of the proposed ordinance. Potential Motions: Staff: [Conduct First Reading of the ordinance by title only.} Council: Motion to approve First Reading andset the matter for Second Reading. Attachments: . Proposed ordinance Page I of I r~' ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 11.34 RELATING TO STORAGE OF PERSONAL AND RECREATIONAL VEHICLES, AND AMENDING AMC 11.24.020. Annotated to show dolotiom; and additions to the code sections being modified. Deletions are bold I:M" ....-. ... 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 above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beayerton Y. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the code provisions regulating the storage of personal vehicles were repealed when the abandoned vehicle chapter was revised to be compliant with the City's use of the Law Enforcement Data System (LEOS); and WHEREAS, the city would like to re-establish prohibitions against storing personal and recreational vehicles; and WHEREAS, the city would like to establish a procedure for abating the nuisance of stored vehicles personal vehicles and recreational vehicles in the public rights of way that is consistent with the City's LEOS contract. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 11.34.010 [Definitions] through 11.34.040 [Exception for Recreational Vehicles] are hereby added to read as follows: 11.34 Stored Vehicles 11.34.010 Definitions Personal Vehicle: motorized vehicles that are owned and used bv households for personal transportation, such vehicles include automobiles, station waQons. passenQer vans, carQO vans, pickup trucks, ieeps. and similar vehicles. Page 1 of 4 Recreational Vehicle: anv boat, camper, horse trailer, mobile home, motor home, trailer, trailer house, utilitv trailer, or other recreational vehicle. 11.34.020 Stored Personal Vehicles Prohibited It is unlawful for anv person to park or store anv personal vehicle on anv public riaht-of-waV: A. For more than seventv-two (72) hours, and B. In a manner that results in the accumulation of debris around or under the vehicle or in a condition that prevents it from beina driven. includina flat tires. It shall constitute prima facie evidence of storaae of a vehicle if the vehicle meets the criteria of this section. Any vehicle mentioned in this subsection parked on the riaht-of-way within the City in violation of this subsection may be treated as an abandoned vehicle pursuant to AMC 11.32 or abated pursuant to AMC 2.31. Stored personal vehicles prohibited is a Class B violation. 11.34.030 Stored Recreational Vehicles Prohibited It is unlawful for any person to park or store any recreational vehicle on any public riaht-of-way except as provided in this chapter. Any vehicle mentioned in this subsection parked on the riaht-of-way within the City in violation of this subsection may be treated as an abandoned vehicle pursuant to AMC 11.32 or abated pursuant to AMC 2.31. Stored recreational vehicles prohibited is a Class B violation. 11.34.040 Exceptions for Recreational Vehicles A recreational vehicle or boat mav be leaally parked on the public riaht-of-way in front of ttielowner~sI3n:ocCYPIi'a dwellina, provided it{meetslallfOfltllelfollowiffii c:iiltifrriii: A. Is not parked for more than seventy-two (72) hours: B. Does not constitute a hazard to traffic on the public streets: c. Does not restrict vision of motorists on the public street: D. Does not obstruct view from anv other property: E. Has a currently valid license or reaistration: F. Is operable. includina adeauate tires: and G. Is attached to a vehicle if reauired for movement of the recreational vehicle. SECTION 2. Section 11.24.020 [Prohibited parking] is hereby amended to read as follows: 11.24.020 Prohibited parking In addition to the provisions of the motor vehicle laws of Oregon prohibiting parking, no person shall park: Page 2 of 4 A. A vehicle upon a bridge, viaduct, or other elevated structure used as a street or within a street tunnel in this City, unless marked or indicated otherwise; B. A vehicle in an alley except to load and unload persons or materials not to exceed , twenty (20) consecutive minutes in any two (2) hour period; C. A vehicle upon a street for the principal purpose of: 1. Displaying the vehicle for sale; 2. Washing, greasing, or repairing the vehicle except repairs necessitated by an emergency; or 3. Selling merchandise from the vehicle except in an established marked place or when so authorized or licensed under the ordinance of this City; 4. Storage, or as junkage or dead storage for more than se\"enty n\'o (72) hours. D. A vehicle upon any parkway except where specifically authorized; E. A vehicle upon private property without the consent of the owner or person in charge of the private property; F. A vehicle within any area marked off by yellow paint upon the street or upon the curb, except where specifically authorized by a traffic sign, (Ord. 1557 S13, 1968) G. A vehicle or any part thereof upon a sidewalk or bicycle path. (Ord. 1971 S1, 1978) H. Or stand or stop a truck or bus on a public street or in a public parking area with its engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall be turned off when loading and unloading passengers or merchandise. This subsection H shall not apply to: 1. An engine running for less than five minutes. 2. A vehicle in the moving traffic lane waiting to move with the normal flow of traffic. 3. An engine needed to operate equipment used to load or unload merchandise, 4. Trucks under 12,000 GVW and buses with a carrying capacity of fifteen passengers or less, or 5. Emergency vehicles, utility company, construction and maintenance vehicles, the engines of which must run to perform needed work. SECTION 3. 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 4. SavinQs. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. 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" Page 3 of 4 or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2- 4) 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 , 2010 and duly PASSED and ADOPTED this day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this ~ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 4 of 4 1(3/11/2010) Diana Shiplet - Re: [Council business] Compensation StudX Page 11 From: To: Date: Subject: "Martha Bennett" <bennettm@ashland,or.us> <carol@council.ashland.or.us>, "David Chapman" <david@council.ashland.or.., 3/10/20104:43 PM Re: [Council_business] Compensation Study Greg - Since Councilor Silbiger has already has asked for this to be discussed, I will include this email in the Council packet for their discussion. We will miss you at the meeting. Thanks Martha Martha Bennett, City Administrator City of Ashland 20 East Main Street, Ashland OR 97520 (541) 552-2103 or (541) 488-6002, TTY 800-735-2900 FAX: (541) 488-5311 This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please let me know. Thank you. >>> Greg Lemhouse <greg@council.ashland.or.us>3/10/20104:27 PM >>> Martha, Thank you for following through on the study the council requested and presenting the results of it to us. If it is OK with the rest of the council, I would like to request the following information for our consideration using the recent compensation study: 1-A "phase-in" option for us to consider in the future that would accomplish suggested pay raises for the rank and file staff only (excluding executive/department head staff). What would it cost and what the proposed time line would be? "'Please make sure the proposed "phase-in" plan does not require any tax or rate hikes to accomplish and addresses how benefits packages fit into the cost equation as well. Thanks Greg Council_business mailing list CounciL business@! ist.ashland .or .us http://list.ash land .or.us/maiiman/listinfo/council_ business