Loading...
HomeMy WebLinkAbout1998-0721 Council Mtg PACKET .............-.... ......................... n a MmportanVTA.. the 7suplemcf0p.m.b.1 Speaker Request s.tieen closed ]f you wish to speak,please fill out the . ... .......... .............. ..... ....... f recognize you and; nform you as to the amount of time altofted to you The time granted wltl' ' wish to behearci,A AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 21, 1998 1. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. Il. ROLL CALL: 111. APPROVAL OF MINUTES: Regular meeting minutes of July 7, 1998. IV. SPECIAL PRESENTATIONS & AWARDS: 1. City Administrator's update on Council Goals. 2. Update and implementation of Valdez Principles. V. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Building Activity reports for April, May and June. 3. Authorization for Council to direct City Administrator to negotiate and sign contract with lowest responsible bidder for Waste Water Treatment Plant on-site facilities. V1. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). Public hearing for the purpose of taking comments on City's draft 4— findings for an exemption from competitive bidding for fuel tank replacement project. V11. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VIII. UNFINISHED BUSINESS: (None) IX. NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Discussion regarding Liberty Street. X. ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. Second reading by title only of"An Ordinance Approving the Transfer of the Cable Communication Franchise from TCI Cablevision of Oregon, Inc. to Falcon Cable Systems Company II, L.P." 2. Second reading by title only of"An Ordinance Repealing Merchant Police Regulations, Chapter 6.12 of the Ashland Municipal Code, in Order to Comply with State Law." 3. First reading by title only of"An Ordinance Adopting New Downtown Design Standards, Amending the Land Use Ordinance, and Adopting a Downtown Design Standards Zone! 4. First reading by title only of"An Ordinance Amending the Fire Prevention Code, Chapter 15.28 of the Ashland Municipal code, by Incorporating the Provisions of the 1998 Edition of the Oregon Uniform Fire Code." 5. First reading by title only of"An Ordinance Revising the Ashland Municipal Code to Delete References to the Ashland Community Hospital." 6. Reading by title only of"A Resolution for Exemption of Competitive Bids for Fuel Tank Replacement Project." XI. OTHER BUSINESS FROM COUNCIL MEMBERS: XII. ADJOURNMENT: Reminder: Study Session Wednesday, July 22, 1998 at 12:30 p.m. in Council Chambers to discuss: Public Information, Communication and Marketing Plan; and the LID Committee Report MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 7, 1998 CALL TO ORDER Mayor Shaw called the meeting to order at 7:00 p.m.,Civic Center Council Chambers. ROLL CALL Councilors Laws, Hauck, Hagen, Wheeldon and DeBoer were present. Councilor Reid was absent. APPROVAL OF MINUTES Councilor DeBoer noted a correction to the first paragraph on page nine, and asked that the portion of the paragraph which begins"Noted that fourteen new homas......be attributed to Councilor Reid. The minutes of the regular meeting of June 16, 1998 were accepted as amended. SPECIAL PRESENTATIONS& AWARDS None. CONSENT AGENDA 1. Minutes of Boards,Commissions and Committees. 2. Appointment of Paul Nolte as Judge Pro Tern for Saturday,August I, 1998. 3. Authorization for Mayor and City Recorder to sign Quitclaim Deed to terminate portion of drainage way easement on Oak Street. Councilor Wheeldon noted that the Forest Commission minutes were actually an agenda. Public Works Director Paula Brown,staff liaison to the Forest Commission,confirmed that this was an agenda and stated minutes would be provided. Councilors Hagen/Hauck m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS 1. Consideration of CATV Assignment TCI/Falcon. Public hearing opened at 7:08 p.m. Howard Gan of TCI/Falcon explained the new technologies and services his company hopes to provide. Briefly explained the background of Falcon. Noted that they have been in business for twenty five years,and currently serve over six hundred small and medium-sized communities around the country,especially in California and Oregon. Explained that Falcon works hard to provide support and cooperation to the communities served. Noted that support of schools and charitable events. Emphasized that Falcon will have complete control of the cable system, while TCI will retain a minority ownership. Stated that TCI's volume should help in obtaining better programming rates and thus may keep costs down while allowing a wider variety of programming. Noted Falcon's intention to take 550 mhz bandwidth system and upgrade to a 750 mhz system,to provide two-way interactive service and a wide array of telecommunication services. Noted Falcon's history of offering at least one free high-speed modem in each school within the communities they serve,with additional modems at cost,and service provided free of charge to schools. Emphasized that they plan to work with Southern Oregon University, and would also be happy to provide internet access to the City at no charge for public,municipal use. City Council Meeting 07-07-98 1 Feels that the City's entry into the cable business would be an unnecessary duplication of efforts. Slated that Falcon representatives have met with City officials to propose that the City build its fiber ring,with Falcon to provide connections to homes. Proposed lease of the fiber in the City,with the distribution system to remain available to the City for utility purposes. This would remove the City's need to build a cable system at an additional cost of 534 million,and the lease of fiber by Falcon would offset the City's costs for constructing the fiber ring. Emphasized that Falcon would be willing to provide 2 mhz of bandwidth for city to use. Feels that this proposal would meet all City objectives, including utility applications, and would be a great cooperative venture. Concluded that Falcon will upgrade to a state of the art cable system,and provide high-speed internet access before the end of 1998. Emphasized that the proposed cooperative venture with the City would serve everyone's best interest. Councilor Hauck questioned the time frame for the changes mentioned. Gan noted that they are currently in the process of an engineering walk-through, and will then implement the new designs and upgrade the system. Stated that it would be six to seven months for the system upgrade. Bob Thomas,Technical Manager at TCI/Falcon, confirmed that the rest of the valley(specifically Medford, Jacksonville, Phoenix and Talent) is presently served by a 550 mhz system,and that the proposed design is for an upgrade of this system to 750 mhz,which is a relatively simple upgrade. Councilor Hauck questioned what arrangements have been made with internet service providers(ISPs). Gan stated that Falcon is cognizant of the City's desire to have the system be accessible to other ISPs, and stated that Falcon will seek a partnership to provide"turnkey access"to the system for high-speed internet access. Councilor Hauck questioned whether an extension of the franchise agreement would be requested. Gan explained that at the City of Medford's recommendation, Falcon will be entering into a ten-year extension of their franchise agreement with Medford, independent of the proposed upgrade. Emphasized that they will perform the proposed upgrade, for Ashland and the rest of the valley,without concern for the extension of Ashland's franchise agreement. At Councilor Hauck's request,Gan confirmed he is aware of the City's Telecommunications Ordinance,though he was not certain of its specific requirements. Councilor DeBoer questioned how AT&T's purchase of TCI will affect TCI/Falcon. Gan noted that due to the size of the transaction, it will not close for at least a year. Noted that TCFs role is that of a minority partner with Falcon, and that TCI has no board seats and no control of day to day operations. However, looked at on a larger scale, AT&T's size gives it access to programming and rates which will increase with this takeover, and will likely make available many more high tech services to Falcon customers through the partnership with TCI. Gan noted that Falcon can continue with their plans without leasing the City's fiber ring, but that the proposed lease of fiber would be a mutually beneficial arrangement that will save Falcon money they had been planned for the upgrade. Councilor Laws questioned whether TCI was to maintain physical plant ownership under Falcon's management,as he had seen this mentioned in a recent newspaper article. Gan stated that this was not true, and explained that this is only the case as the transaction with TCI is closing and franchises are being transferred in each community served. However,with the closure of the transaction,the physical plant will be owned by the new partnership with Falcon as majority partner. Councilor Hauck questioned Falcon's public access policy and its history in providing public access channels. Gan stated that he feels public access is great in that it provides local, community TV. Emphasized that Falcon does not normally involve itself in the production end of the business, but that they support public access television where it is available. Noted that they always provide channels free to cities,and in many cases they provide financial City Council Meeting 07-07-98 2 support for public access as well. Councilor Hauck asked for details on Falcon's history of providing equipment and monetary assistance. Gan stated that this depends on what each City wants. Cited Northern California examples,where he felt too much was asked,and stated that eventually,these costs are passed along to customers. Suggested that Falcon prefers to find a reasonable balance. Public hearing closed at 7:28 p.m. 2. Consideration of an amendment to the Ashland Land Use Ordinance Chapter 18.72.110 and Section VI of the Site Design and Use Standards to establish a set of design standards for the downtown area. Director of Community Development John McLaughlin provided background on the proposed amendment, noting that the process began at the request of a local developer who asked that the City clarify its expectations with regard to design standards in the downtown area. McLaughlin noted that Mark Knox,Associate Planner,had been the lead staff person on this project. Also noted the involvement of John Duffle the architect who created the drawings seen in the packet,and Le Hooks,of Oregon Shakespeare Festival,also from the downtown design standards committee. McLaughlin emphasized that the creation of these standards supported in the City's Comprehensive Plan,the Downtown Plan,and in the Land Use Ordinance. Noted that Councilors had been provided with a summary that included real world examples of how these design standards could be implemented. Noted that staff had intended to build on what has been successful for Ashland,to learn from the past to provide a stepping stone for the future. City Administrator Mike Freeman asked that McLaughlin explain the format of the proposed amendment that will be brought back before Council. McLaughlin noted that staff would bring back an ordinance with an overlay map relating to the downtown, and stated that these will be brought to the next meeting. Noted that the summary information provided included illustration of several opportunities for substantial commercial investments within the downtown area. Councilor Wheeldon questioned if it would be possible, under the proposed standards,to build a modem building downtown. McLaughlin noted that a modem building with traditional features could certainly be built downtown. Opened to public comment at 7:38 p.m. Allan Sandler/1260 Prospect Street/Noted that he had asked for help,and that he appreciated the quick response and hard work on the part of the City. Suggested that he would like some sort of assurance that commissions,such as the Historic Commission,will not make arbitrary changes to plans after their initial approval. Feels that while such changes may be honest and well-meaning, they create significant additional expenses for the developer. Suggested that a process similar to the pre-pre-application process be considered,and that wording be included in the proposed standards to address the unpredictability of the current process. Mayor Shaw stated that in speaking with the Historic Commissioners, it was their feeling that changes proposed after initial approval have been in response to developer-initiated changes. Shaw suggested that developers not make last minute changes if they do not want to open up the possibility for other changes. Emphasized that once building starts, if changes are made by the developer,there is give and take. Also noted that these changes are within the purview of the Historic Commission,and that developers have the right to appeal. Councilor Wheeldon asked if Associate Planner Mark Knox could speak on this issue. Knox noted the proposed downtown standards should clear this up to some extent,and that pre-design procedures should help improve communications. Emphasized that design is objective,and that through the current process,a plan comes before a City Council Meeting 07-07-98 3 committee and then the full commission,and neighbors have the opportunity to comment,and at each level input is made. Stated that in Mr. Sandler's case,there was some give and take. Sandler emphasized that he was seeking discipline on the part of the Commission. Councilor Hauck noted that in his experience as Council liaison to the Historic Commission,changes are made, but issues are not drawn out. Knox explained that in the case under discussion,the review was done and the Commission had given their approval,and that in the building permit process there were some changes proposed. Knox emphasized that he doesn't see the need to change the process. Sandler suggested that initial meetings be more formal and official,with the full commission. Stated that he was not concerned with the past,that he is happy with the City's efforts,and would just like to see a little more discipline and control in the commission review process. Le Hook/393 Oxford/Thanked everyone for the opportunity to serve on the committee. Noted that the purpose had been to give a clearer idea of expectations prior to the first meeting in the plan review process. Closed to public comment at 7:55 p.m. Mayor Shaw questioned Director of Community Development John McLaughlin as to whether it would be possible to bypass the initial committee meetings and go before the full commission. McLaughlin noted that this month, three applicants are going before the full commission for review prior to beginning the process. McLaughlin clarified the process,noting that some applicants do come in to meet with staff and commissioners prior to the pre- application. Stated that this gives feedback about design issues. Noted that there are opportunities for changes throughout the process,but that no changes are allowed after the final decision. Emphasized that this means there should not be changes when an approved plan comes through for building permit. Stated that construction according to approved plans is basically a contract between the Planning Commission and the applicant. Pointed out that the proposal under consideration will clarify the process and expectations. Councilors Hauck/Hagen m/s to direct staff to bring back a proposed ordinance for the Council's approval. Voice vote,All AYES. Motion passed. Councilor Laws stated that processes need to allow for some leeway on the part of the City, and that this is part of the cost of working with a committee made up of concerned citizens. PUBLIC FORUM John Huskey/173 Alder Lane/Representing the Associated Students of Southern Oregon University(ASSOU), inquired as to the possibility of his attending the City Council Study Session scheduled for July 8'". Informed that it was a public meeting and he was welcome to attend. Matt Stillman/220 West Rapp Road#138,Talent,OR/Also representing ASSOU. Spoke concerning efforts on behalf of ASSOU in dealing with Rogue Valley Transportation District(RVTD)concerning ridership. Stated that the University will continue its approximately$8700 subsidy of bus service,but will move away from the twenty five cent per ride fee. Would like to issue monthly passes at five dollars,or quarterly passes for$15,and have rides within the city limits of Ashland be free of charge to students. Stated that these changes should be in effect within the next few weeks,and that they should have impact on parking beginning with Fall term. Councilor Hagen questioned whether using parking fees to subsidize bus service had been considered. Stillman stated that while it had been discussed,present regulations would not allow it. City Council Meeting 07-07-98 4 UNFINISHED BUSINESS 1. Council Decision on Appeal of Planning Action No.97-054, Planning Commission Approval of a 25- lot subdivision on upper Strawberry Lane. Director of Community Development John McLaughlin gave a brief summary of the last meeting. Stated that staff had looked at different options. Feels that improvement should perhaps occur through an LID process, involving the neighborhood. Staff recommends approval of the planning action with the inclusion of condition#21 to require paving to a paved collector from the intersection of Strawberry Lane and Alnutt Street. This would allow several possible options for financing and the selection of streets to be improved. Councilor Wheeldon feels that based on the last meeting,the neighbors are concerned with a safety problem now. While this issue is connected to the proposed development,the safety concerns are not due exclusively to that development. Testimony indicated that there were concerns over the degraded state of the existing streets in providing access to homes and open space. Feels that the neighborhood was approaching the council to ask for help,and agrees with the staff recommendation. Councilor Laws noted the previous discussion had indicated concerns over the need for a traffic study. Stated that if the plan is approved with the condition recommended by staff, paving will be required to minimum city standards, and there is thus no need for a study. Discussion of the fact that approval of the development with the inclusion of condition#21 would require paving to city standard in order for the development to occur. Councilor DeBoer questioned legality of Council imposing conditions as part of the appeals process. City Attorney Paul Nolte stated that this is legally acceptable. Nolte also clarified that any items sent to Council after the close of the public hearing at the last meeting were not part of the public record,and thus cannot be considered in the Council's decision tonight. At the request of Councilor DeBoer, McLaughlin clarified the recommended condition as requiring paved access from the end of the paving previously proposed by the developer, at the intersection of Strawberry Lane and Alnutt Street,to a paved collector street. Councilor DeBoer suggested that there was a need to pave all streets at this time. Mayor Shaw stated that with the passage of the"Trackout Ordinance"this will soon be required. Councilor Laws stated that he would rather not require all streets be paved as a condition of this approval, and would prefer merely that safe access be required. Suggested that for the development to be approved, it should simply provide a safe access,with future paving of the other streets left to the same resolution as other unpaved streets within the City. Mayor Shaw asked staff to confirm that the paving at the intersection of Alnutt and Nutley Streets is actually asphalt dumped by the Street Department to abate dust concerns,and not pavement per se. Emphasized that the map should include this portion as it is technically unpaved. Public Works Director Paula Brown confirmed that this was the case. Councilor Hauck noted that he was previously concerned about capacity issues, and feels that the record does not demonstrate that capacity issues are adequately addressed. Stated that he would need to see all area streets paved to address capacity needs on the streets below. Councilor Laws suggested that by paving one street,it will be the one used,thus addressing the issue of capacity. McLaughlin stated that the capacity resolution applies,and that the City cannot require paving of all streets that will be used. Councilor Hauck clarified that the streets below the proposed development are all unpaved and narrow, and irrespective of the ordinance,they cannot meet capacity requirements without paving. Councilor Hagen agreed with Councilor Hauck that the study presented in the record indicated increased traffic counts, but feels that people will use those streets that are paved. The study assumed either that all would be paved or all would be unpaved, and the study is thus irrelevant to the present discussion. City Council Meeting 07-07-98 5 Councilor Laws stated that he disagreed with McLaughlin,and that he feels that those streets that are likely to be used must have capacity. The required paving will make use likely and relieve capacity concerns on the unpaved streets. Emphasized the need to look as far as a significant impact is likely. Councilor DeBoer moved to refer this planning action back through the planning process. Motion dropped for lack of a second. Councilor Wheeldon stated that this issue needs to be addressed now,with creative options. Feels that Council should consider the area streets as a package. Emphasized that the situation needs comprehensive attention now. Confirmed that recommendation will allow to look at a plan of options. -. Councilor Hauck questioned City Attorney Paul Nolte as to whether Council can approve the application with the requirement that a plan be brought back before Council for approval. Discussed the need to leave the options open to address more than one street. Nolte stated that the Council's vote must include a provision for adequate access, and that Council cannot grant approval now with the requirement that a plan be brought before them at a later date for approval. Stated that Council could approve as recommended and allow staff to return a plan. Councilor Laws/Hagen m/s to approve the application with the adoption of the staff recommendation. Discussion: Councilor Hagen stated that he feels all streets in the neighborhood are currently above capacity,but he feels that this is a separate issue from the proposed development. Feels that the proposed development only needs to provide access"to and through"and ensure bringing the street up to capacity as well. Councilor Laws noted that he is concerned with limiting the options for dealing with this matter in an expeditious manner. Feels that approval cannot be held up for the paving of all three streets,and also that requiring this could delay the improvements for a long time as the City does not presently have"signed in favor" agreements from fifty one percent of the area property owners. An LID might be possible, but he feels that Council should do what it can to improve streets to a safe level as soon as possible. Any alternatives suggested to this motion could result in considerable delays. Councilor Wheeldon asked for verification of the signed in favor agreements,and McLaughlin stated that with the inclusion of Scenic Drive the City currently does not have the necessary fifty one percent. Councilor Hauck emphasized that this motion leaves the options open. Councilor Wheeldon questioned if the best solution were determined to be that Alnutt Street and Strawberry Lane be designated as one-way streets,could this be interjected into process? Also questioned if this would be brought back as an LID,or if there was a possibility that it would not come back before the Council if it were paved outside of the LID process. McLaughlin stated that the Council could initiate an LID. Mayor Shaw stated that she feels Council could delineate a condition 922 with one-way streets and paving for both,with the cost either left up to the developer or to an LID. Another option would be for the Council to propose an LID but Shaw suggested that she feels this is separate from the action before Council. Councilor Whetplained that this could result in a lost opportunity,as the most expedient option (pav' Street as a two-way) may not be the best solution for the neighborhood. ghlin noted another possible option would be to require the developers to sign in favor of D as condition#22,and Council could then decide on streets to be paved. Mayor Shaw so sted that the proposed development could be approved,then Council could see what is to be proposed y the developer before bringing forth an LID. Councilor DeBoer noted the history of improvements in the Westwood neighborhood,where Council gave the option of paving by the developer or through the formation of an LID. Feels that this allowed some latitude,as does the motion presently before the Council. Roll call vote: Wheeldon, Laws,and Hagen: YES. Hauck and DeBoer: NO. Motion passed 3-2. City Attorney Paul Nolte asked McLaughlin for clarification of the date under the extension of the 120-day rule agreed to by the applicant previously,and inquired as to whether this date allowed sufficient time to complete the findings. McLaughlin indicated that the applicant's representative was present in the audience. Applicant's attorney stated that they would allow a further extension to allow sufficient time for preparation of the findings to be presented at the next Council meeting. Uqa vc , 45 i Cou ng 07-07-98 6 It was clarified that the motion which had been passed denied the appeal,and upheld approval of the application, with the addition of condition#21 as recommended by staff. NEW AND MISCELLANEOUS BUSINESS 1. Council Confirmation of CDBG Funding for Community Works Family Resource Center. Director of Community Development John McLaughlin provided background information,noting the preparation of a time line for the project prior to the allocation of funding. McLaughlin stated that criteria have been met,and that staff recommends awarding the grant funds. Councilor Laws noted his concern that several points appear not to have been met at the present. Concerned that the project will not necessarily move forward once funding is attained, and stated that he would like to keep to the deadlines. Would like to ensure that the first four items on the list are completed before releasing funds. McLaughlin noted that a building permit had been obtained,and would only need to be renewed. Stated that they have approved planning and structural designs,and that they have a secured contract with a builder. Councilor DeBoer declared a conflict of interest and stated that he would not participate in discussion and would abstain from voting. Councilor Hagen confirmed that an address had not been designated for this site. Councilor Wheeldon confirmed that CDBG funding will become unavailable for this project as of June 30' , 1999. Steve Groveman of Community Works noted that they have been working with contractor S&B James,and are on schedule to begin construction this month. Stated that they are currently working on details of the contract,but they already have letters of intent. Construction will begin near the end of July, 1998. Councilor Laws questioned if there is any doubt about having the Teen Center and at least minimal office space in use before needing more money. Steve stated that there was no doubt,and emphasized that the goal was to complete whole project. Councilor Hagen/Wheeldon m/s to approve CDBG funding for the Community Works Family Resource Center. Voice vote,All AYES,with Councilor DeBoer abstaining. Motion passed. 2. Governor Kitzhaber's appointment of Robbin Pearce to State Landscape Contractor's Board. McLaughlin noted that this item was provided to the Council for informational purposes. 3. Council Meeting Look Ahead. City Administrator Mike Freeman noted that this item was provided to the Council for information purposes. Councilor Hagen inquired as to whether any contacts had been made concerning the Jackson to Crowson right-of- way. Freeman indicated that no contacts had been made. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of"An Ordinance Approving the Transfer of the Cable Communication Franchise from TCI Cablevision of Oregon, Inc.to Falcon Cable Systems Company II, L.P." Councilors Hauck/Laws m/s to move the ordinance to a second reading. Roll call vote: Laws,Hauck,Hagen, Wheeldon,and DeBoer,All YES. Motion passed. 2. First reading of"An Ordinance Repealing Merchant Police Regulations,Chapter 6.12 of the Ashland Municipal Code,in Order to Comply with State Law." City Attorney Paul Nolte explained that the state is now the sole licensing authority for private investigators and security providers. Councilors Hauck/Wheeldon m/s to move the ordinance to a second reading. Roll call vote: Wheeldon, Laws, DeBoer,Hagen,and Hauck: YES. Motion passed. City Council Meeting 07-07-98 7 OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Laws questioned whether it would be possible to have a recurring item on the agenda for the Associated Students of Southern Oregon University(ASSOU). It was decided that having ASSOU representatives speak under the Public Forum was acceptable. Councilors and viewers were reminded that a special City Council study session has been scheduled for Wednesday, July 8, 1998 at 12:30 p.m. in Council Chambers to discuss The Ashland Fiber Network and Tolman Creek Road traffic issues. ADJOURNMENT The meeting was adjourned at 8:47 p.m. Barbara Christensen,City Recorder Catherine M.Shaw,Mayor City Council Meeting 07-07-98 8 Sunday Monday Tuesday Wednesday I Thursday Friday Saturday 1 August 1998Q;� 2 3 4 5 6 7 8 4:00p CA mtg. 2:00p V&CB 12:00p Airport 12:30p Senior w[Laws, [Win]Hauck Comm[CC] Program Bd. Hagen, Reid DeBoer [HP]Reid 7:00p City Council 7:30p Historic 5:00p Tree Meeting[CC] Comm[CV] Comm[CC] Houck Laws 9 10 11 12 13 14 15 4:00p CA mtg. 1:30p Planning 5:30p Forest w/Wheeldon, Hearings Bd. Comm Aft. Reid, Hauck [CC]DeBoer [CC]Refd 7:00p Planning Comm[CC) DeBoer 16 17 is 19 20 21 22 4:00p CA mtg. 7:00p City 12:30p City 4:30p Bicycle w/DeBoer, Council Council Study Comm[CC) Hagen, Laws Meeting[CC] Session[CC] Hagen 7:00p Parks Commission [CC] Meeldon 23 24 25 26 27 28 29 4:00p CA mtg. 12:00p Hosp. 4:00p Housing 7:00p Traffic w/Wheeldon, Board[ACH] Comm[CC] Safety Comm Hauck, Deboer Mayor Hauck [CC]Laws 7:00p RVTV Town Hall 7:00p wVDon Laws Conservation 7:00p Planning Comm[CC] Comm SS Hagen [[CC]DeSoer 7:00p Ash Watershed Ptnership[FS] 30 31 4:00p CA mtg. w/Reid, Hauck, Wheeldon Key: Counc##aisons CC-Council Chambers JR-Jury Room Win-Winchester Inn Ctr-Community Center ACH-Hospital HP-Hunter Park FS-Forest Services, 645 Washington Str) PK-Parks Dept Notes: i. No Chamber Board August. City Council Communication July 21, 1998 SubmiW by. Mike Freeman Approved by. NfLUe Freeman Title: �Y First update to City Council on implementation of goals for fiscal year 1998 - 1999. Synopsis: This is the first update for City Council on the implementation of the City's adopted goals and obejctives. It is the staffs opinion that Council should be udpated regularly on these goals and the Council should hvae a clear understanding where the City staff are in the process of implementing the goals. Recommendation: None. Background Information: Annually, the City Council adopts goals for the fiscal year. This is a report on the status of implementation of the goals for fiscal year 1998— 1999. cny Chindl Meetng July 21, 19% Fiscal Year 1998 — 1999 Counal Goals Impkmvk on Report Report Number 1—Summer 1998 The Ashland City Council annually adopts goals and objectives for the City. The City Council met in early 1998 and developed six goals. The staff have incorporated these goals in the City Budget for the next fiscal year and plan on them being implemented by June of 1999. This report serves as the first update for the City Council on the progress, status and planning for meeting the goals adopted for this fiscal year. Develop a plan to secure new facilities for the Fire Department Developing a plan to meet the space needs of the Fire Department is a high priority for the City of Ashland. The staff have determined that the station that needs the most attention and is the first station to be reconstructed is Fire Station #1 (Admin. Station) Steps required to meet this Council goal are: 1. Meet with property owners in immediate vicinity of Station #1 (Completed—June 1998) 2. Update space requirements analysis (July—1998) 3. Retain consultant for preliminary design work(July— 1998) 4. Develop request for proposal for design and engineering services (September— 1998) 5. Retain architectural services(October-1998) 6. Begin station planning process for Station#1 or#2 (October- 1998) 7. Station planning process complete (includes architecture, land acquisition, engineering, permitting, etc.)(June— 1999) 8. Station construction (July— 1999) 9. Begin process over for Station#1 or Station#2 (Note: this schedule will be refined once the architect has been selected) Initiate a City-wide strategic planning pro Steps include: 1. Conduct 1998 Citizen Survey(September 1998) 2. Focus Groups(Discuss feasibility with Council September 1998) 3. Community Forums (Fall 1998) 4. Develop Community Vision Statement(Winter 1998) 5. Develop Goals Statements (Winter 1999) 6. Develop Multi-Year City Plan (i.e. budget, comprehensive plan, water plan, "partners°, etc.) (Spring 1999) 7. Organizational Alignment(Summer 1999 and on) ♦ Mission Statement ♦ Employee Survey ♦ Internal Communication ♦ Systems Planning Explore . Improvement process. Steps include: 1. Convene committee (Completed) 2. Committee report(Completed) 3. City Council presentation(August 19) 4. Discuss alternatives(August 19) 5. Staff to develop long-range approach to LID's (Fall 1998) 6. Staff implement long-range approach (fiscal year 1999-2000) i Encourage alternative transportation modes. Projects Include: Central Ashland Bikeway ♦ Project under construction (completed Fall 1998) Sidewalks and Trails Construction ♦ Pursue ROW with Railtex for extension of Central Ashland Bikeway (Summer 1998) ♦ Staff report to City Council on feasibility of this project(September 1998) Lineal Parks ♦ Parks and Community Development have concurred that the concept of lineal trails is appropriate for Ashland ♦ Staff report to City Council (Fall 1998) RVTD Levels of Service ♦ Additional route added in Ashland on East Main July 1 Siskiyou Bike Lanes ♦ Set meeting with ODOT representatives (July 1998) ♦ Develop staff report to City Council (September 1998) Develop long-range plan for flood plain and riparian areas. Include consideration for recommen ations provided in the Ashland Creek Flood Restoration Project (OTAK). Steps include: 1. Review OTAK report for clarity, recommendations, direction (Fall 1998) 2. Develop list of"issues° to be addressed in overall plan (Fall 1998) 3. Initiate planning process (Winter 1998) 4. Develop multi-year plan to deal with issue(Summer 1999) 5. Tie to"City Plan"for funding (ongoing) Develop long-range, comprehensive solution for water needs. 1. Hire consultant(Completed—June 1998) 2. Prepare list of issues to address (Completed June 1998) 3. Identify alternatives(Completed July 1998) 4. Presentation of altematives (August 1998) 5. Adoption of alternative (September 1998) City Council Communication July 21, 1998 Submitted by: Dick Wanderscheid Approved by: Paul Nolte�/ Approved by: Mike Freeman Title: Second Annual Report on Implementation of the Valdez Principles. Synopsis: The 10'Valdez principle requires an annual report on implementation. Recommendation: Informal presentation only, no Council action is required. Background Information: The first annual report on implementation of the Valdez Principles was delivered to the Council in July of 1997. It was a list of City programs and initiatives broken down by the category of each of the ten Valdez Principles. This year, new items have been added to the list and also more AL details have been provided on current and future efforts by various City departments. V v� �\ r �y"`F ASy CITY OF ASHLAND Administration Department of Administrative Services OREGON MEMORANDUM DATE: July 14, 1996 TO: Mayor and City Council FKOM: Dick Wander5chei 51-113JECT: 5ECOND ANNUAL ENVIKONMENTAL KEPOKT The tenth principle of the Valdez Principles requires the City to "conduct and make public an annual self-evaluation of our progress in implementing these principles and in complying with all applicable laws and regulations" The initial report was made to the Council on July 1, 1997. That report consisted of a list of programs and initiatives under each principle where the City was actively working. I have included an updated list, with new initiatives added in italics, to identify the work done since the initial report. In addition-to this attachment, I felt it would be important to point out some of the areas where we are working to illustrate future direction the City will be taking in the implementation of the Valdez Principles. CON5EKVATION C6MMI55ION ACTIVITIE5 The City's Conservation Commission has a number of initiatives aimed at moving Ashland's government and citizens to a more sustainable future. It annually sponsors a float in the July 4`h parade and this year's entry was the best one yet. The Commission is also devoting a good deal of this fiscal year's budget to the production of a video in conjunction with KVTV about the City's resource conservation programs and activities. This video, which will be about 12=15 minutes in length, can be shown in Schools, at civic groups, and can be run on the government access channel of KVTV. The Commission is working with Dr. Mark Chilcoat'S summer video production class and Pete Delcastro of PVTV to create this production. This allows for a cost effective approach, while giving 5OU students a real world work experience. The Commission also has a subcommittee working on a "Green 5choolo Program". The program is a national program which has three primary purposes: 1) to bring financial relief to schools; 2) to educate students, teachers, faculties, maintenance staff, administrators, and the whole school community about resource efficiency and its ties to the environment and fiscal health of schools; and 3) to offer a model of effective resource efficiency in schools that can be replicated nationally and internationally. The Commission is also working toward adaption of this model for Ashland schools and convincing them to incorporate it into their infrastructure. CONSERVATION DIV1510N ACTIVITIES July 1 marks the beginning of the predominance of City funding for our conservation activities. We are refining our offerings to convert many of them to zero interest loan programs and also attempting to reduce rebate levels to make our programs as cost effective as possible. The City's FY 98-99 budget includes 4% of gross utility revenue for Conservation, which is higher than the 3% recommended in the regional review. One new program we will be discussing with the Council soon will be an attempt to become a pilot site for President Clinton's 1,000,000 5olar Roof Initiative. Staff has been working with Angus Duncan, former Oregon member and chairman of the North West Power Planning Council, In putting together a focused effort in leveraging federal, state and local support in using Ashland as a test site to see what kind of offering is best suited to getting renewable energy systems installed locally. Staff has also been meeting with a small group of citizens who are interested in working on a sustainability program and index for Ashland. This involves a diverse group of citizens who would like to try and involve a larger group of citizens to develop a broad based system of measuring progress toward sustainability through the use of various indicators. Right now, the steering committee is researching models from other parts of the United States and the world. It is also expanding the core group to involve more people in the planning stages. PLANNING DIVI510N ACTIVITIES This year, the Planning 5taff and Planning Commission will embark on a major revision of the City's regulations regarding riparian areas. They have secured a grant from the Oregon Department of transportation (ODOT) to help in accomplishing this task. They are also looking at revising street design standards. This will include reducing street width to more appropriate levels. These narrower streets result in less asphalt and less storm runoff. The new standards will also address pedestrian and biking facilities resulting in greater opportunities for multi-modal transportation choices. FIRE ACTIVITIE5 The Fire Department has instituted a new policy of no longer washing their vehicles at the fire stations, but doing this at the city yard. This ensures no detergent enters the City's storm water system. Also, both stations have a very comprehensive recycling program in place. In addition, the City's Fire Chief has headed up revisions to the City's Emergency Management Plan and has also been the lead in providing training and exercises to help learn how to implement the plan in real emergencies. PUBLIC WORKS With all of the activities in which Public Works is involved, it has many opportunities to help implement the principles. One area it is working on is its ongoing cleaning and maintenance of our existing storm drain system. It is also in the process of working with a consultant and a local group of experts in developing a new storm drainage master plan. this plan will attempt to utilize natural processes wherever feasible to deal with storm water and drainage. The entire process of upgrading the WWTP and the wetlands demonstration area also will deliver significant environmental benefits. Also new to the operation and instituted by our Public Works Director, is a major emphasis on safety and meetings about environmental issues and practices that can reduce or eliminate environmental harm in day to day public works operations. The department is planning on bringing in outside experts on occasion to help provide this information in the future. Also new is a construction notice that is provided to affected properties in advance of any construction projected being done by Public Works. The Public Works Director has also been very involved with our ongoing commitment with the Ashland Watershed Partnership. 5he has really brought a lot of new energy and ideas to this forum and has been a very positive addition to the City's environmental efforts. ELECTRIC DEPARTMENT The Electric Department has instituted many operational changes which support its principles. It has eliminated treated power poles and all new poles are now made from cedar. It has also eliminated all herbicide spraying for utility related vegetation control. Also, great care and precaution are taken in dealing with any disposal of transformer oil. In addition, it makes quite an effort to recycle all old equipment and parts. The department is currently in the process of rebuilding the City's Reeder Gulch hydro facility. It is Moo exploring the possibility of getting it certified as a "green resource" by the American River Environmental Organization. The department is exploring green power options as part of a mix of our wholesale power agreements and also monitoring any green power or public purpose requirements of state or federal deregulation legislation. Monthly meetings always stress safety and environmental concerns, practices and operating procedures. An example of this is the recent confined space training which was coordinated by the Electric Department and attended by Public Works and Fire personnel. ADMINI5TRATION The Assistant City Administrator is currently coordinating the clean up of the old City firing range. This involves hiring a consultant to determine the extent of the problem and then ensuring that _ adequate clean up occurs. 5UMMARY Hopefully this memo, along with the attached list, will give you some idea of the vast array of programs, activities and initiatives of the City which support the Valdez Principles. As you can see, the list is considerably longer than last year and we hope that next year there will be a whole new collection of items. I will be present to discuss this at the Council meeting, but as usual, feel free to call me at 552-2061 anytime to discuss this memo or other information you might want concerning this item. n 1 City Activities and Initiatives that Support the Valdez Principles July, 1998 (Items in italics are new to the list this year) 1. PROTECTION OF THE BIOSPHERE a) Environmental and Physical Constraints Ordinance b) Flood Plain Ordinance C) Herbicide Policy d) Ashland Watershed Partnership Participation and Policy e) Roca Creek Project f) Ashland WTP Wetlands Demonstration Project g) Hillside Development Ordinance h) Ashland Creek Restoration Project i) Air Quality Programs (2 new ordinances) j) Storm Water Master Plan k) Fire Department Vehicle Washing Policy l) Riparian Ordinance Revisions m) Ashland WWTP Upgrades n) Street Standard Revisions o) Storm Drainage Cleaning and Maintenance p) Erosion Control Planning and Bank Stabilization Measures in Public Works Projects q) Installation of Storm Ceptor in New Winburn Way Bridge r) Construction Training for Creek Protection by Public works 2. SUSTAINABLE USE OF NATURAL RESOURCES a) Renewable Resource Generation Policy b) City's Solar Water Heating Program C) Performance Standards Development Ordinance t d) City's Electric Vehicle e) Transportation Plan f) Bicycle Commission Activities g) City Open Space Acquisition Plan h) Comprehensive Water Supply Study i) 1,000,000 Solar Roof Pilot Program j) New Bike Path Along Railroad Row k) Green Power Investigation by the City's Electric Department 3. REDUCTION AND DISPOSAL OF WASTE a) City's Recycling Programs b) Styrofoam Ban C) Composting Programs d) Conservation.Commission Activities 1) Tree Free Paper Utility Bill Insert 2) Green Schools Program 3) Conservation Commission Video Production e) Minimize the use of chemicals in City Public Works Operations J) Asphalt Reuse by Public Works 4. WISE USE ENERGY a) Performance Standards Development Ordinance b) City's Electric Vehicle C) Transportation Plan d) Conservation Commission Activities e) Resource Conservation Manager Program (City, SOU, School District and Ashland Chamber of Commerce) f) Energy and Water Conservation Programs 1. Horizontal Axis Washing Machine Rebate Program 2. Heating/Cooling Duct Testing and Improvement Program 3. Transition to City Funding from BPA of Electric Utility Conservation Programs 5. RISK REDUCTION a) Herbicide Policy b) EMF Policy c) Revisions to City Emergency Management Plan d) Ongoing Training and Simulations of Emergency Situations e) Ongoing Safety Training of City Field Personnel 6. SAFE PRODUCTS AND SERVICES n a) Herbicide Policy �1Y/ b) Environmental Training for Public r s 'eld Personnel c) Consultation by Public Works w' h AWP embers or Other Local Experts on Appropriate Environmental Tec ' d) Construction Notices to Affected Properties in Advance of Public Works Projects 7. DAMAGE COMPENSATION a) Ashland Creek Restoration Project 8. DISCLOSURE a) Herbicide Policy b) EMF Policy c) Environmental Training for City Field Personnel d) Construction Notices for City Projects 9. ENVIRONMENTAL DIRECTORS AND MANAGERS 1. Promotion of Dick Wanderscheid to Administrative Services Director with Environmental Affairs as a Designated Responsibility now gives a specific department head responsibility for environmental issues. 10. ANNUAL ASSESSMENT This is the second annual report submitted to the City Council as required by the 10`" of the Valdez Principles. MINUTES OF ANNUAL GENERAL MEETING 0+ ft5el TYX ft WQO July 7, 1998 PLEDGE OF ALLEGIANCE Council Chairperson Carole Wheeldon called the meeting to order at 6:50 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Hauck,Wheeldon, Hagen,and DeBoer were present. Councilor Reid was absent. Mayor Shaw arrived late. STATUS OF ASHLAND COMMUNITY HEALTHCARE SERVICES BOARD REPORT Ashland Community Healthcare Services Administrator Jim Watkins introduced Mike McGraw, Director of Finance,and Board Chair Mary Ellen Fleeger. He also introduced Board Officers Patty Acklin and Mavis Cloutier who were in attendance. Ms.Fleeger listed some of the accomplishments of the past year,noting that the hospital began an Assisted Living Program and now has twenty-two of the twenty-six available units filled. Cited the purchase of new equipment,the purchase of several properties near the hospital to facilitate construction of additional medical office buildings;and the annual meeting of our Home Health Advisory Committee. She emphasized the need for space to house physicians. Noted that the departments within the hospital have begun in-service presentations to the Board and are providing tours for the Board members. Noted that the Board provided funding to provide a nurse at Ashland Middle School,contributed to the S.T.A.R.S.program,contributed to the Community Health Center and the Teen Theater. Pointed out that the hospital had received a very positive rating by the J.C.A.H.O.accrediting agency. The hospital also successfully passed an inspection of its Emergency Services Department by State of Oregon Trauma System surveyors. Concluded that the hospital,has done well in meeting the needs of the community. McGraw noted the hospital's recent growth. Stated that the gross revenues were$27 million in the past year,with projections for another growth in gross revenues of another$2 million for fiscal year 1999. Noted some areas of anticipated growth, and stated that the hospital currently employs nearly three hundred employees. Pointed out that there has been a$1.2 million decrease in "true cash", and explained that this was related to property purchases and a $I million expansion to the Surgical Services Department. Concluded that,all in all,the hospital is doing extremely well. Watkins noted the challenges ahead in light of recent Balanced Budget Act of 1997. Explained that Medicare reimbursement will be significantly reduced,as will Medicaid/OR Health Plan funds. Stated that the hospital will lose$1 million in revenues over the next five years due to the Balanced Budget Act. Also cited referral patterns between physician groups in the valley as a major challenge for the upcoming year. He thanked the City Council for their continuing support. ADJOURNMENT The meeting was adjourned at 7:00 p.m. Submitted by Barbara Christensen,City Recorder/Treasurer Hospital Board Annual Meeting Minutes 1 t MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL July 8, 1998 CALL TO ORDER Mayor Shaw called the meeting to order at 12:40 p.m.,Civic Center Council Chambers IN ATTENDANCE Councilors Laws, Hauck, Hagen, Wheeldon and DeBoer were present. Staff present included: City Administrator Mike Freeman,Assistant City Administrator Greg Scoles, Administrative Services Director Richard Wanderscheid, Ashland Police Captain Mel Clements,City Attorney Paul Nolte, Director of Electrical Utilities Pete Lovrovich, Public Works Director Paula Brown, Director of Finance Jill Turner, and Supervising Accountant Karen Huckins. ASHLAND FIBER NETWORK City Administrator Mike Freeman explained that this study session had been called because staff is seeking direction from Council on how to proceed with the project. Kevin Harper of R.W. Beck, Inc. presented their latest study as consultant on the project. Harper explained that they had been asked to evaluate the City's original financial pro-forma objectively, in light of two possible scenarios. Scenario 1 proceeds from the assumption that the City builds the fiber optic network with connections to homes and provides cable service. Scenario 2,referred to as the"data transfer/network case",was based on the City building the fiber optic network,but not providing cable service. Briefly explained the report's format,which has the scenarios in section one,the changes made since the original pro forma in section two,a summary of the results in section three,a detailed explanation in appendix one,which has the assumptions used in preparing the report line-by-line,and a printout of detailed financial pro formal in appendix two. Suggested that appendix one input assumptions were the place to focus to understand the report. Noted the first category of major changes that have occurred since the original pro forma was presented:that the time horizon has been extended to ten years,rather than five;that the interest for long term debt is less than originally projected;that the level of capital expenditures has increased from$4.2 million to$5.0 million largely due to reallocation of some costs from operating costs to capital expenditures;changes made in staffing for buildout and operation;and other minor changes in some of the operating cost assumptions. The second category of major changes relate to cable television portion of the project: all revenue and direct expenses related to providing cable televison have been taken out in Scenario 2; Scenario 1 has revised cable penetration projections to 36%percent(from the previous 52%);noted assumption that business cable customers not be included; included additional revenue for advertising,programming guides,shopping channels as well as costs for these items;also included additional revenues for pay per view services as historically there is greater utilization of this service under digital systems compared to analog. With regard to data transfer,both scenarios assume that the City will not become an ISP,and the original ISP revenues from the pro forma have been removed. Residential internet service penetration figures have been lowered,and revenues from data transfer services for businesses have been increased. Discussed Table 1, located at the end of Section 2 of the report,which summarizes the major input assumptions for both scenarios,noting differences in total capital expenditures, penetration rates for cable and related services, assumed rates for cable and internet services,and operational savings for the utility and the City. Harper also pointed out Table 2,at the end of Section 3,which summarizes the results for each scenario. For Scenario 1,noted a typographical error in the net income for year 5 in this table,which should be a positive Ashland City Council Study Session Minutes 07-08-98 1 $771,764, not a negative as indicated. From a net income perspective, this scenario will be negative during the first three years and turn positive beginning in the fourth year and continuing through the tenth year. Annual cash flow will be negative in years two and three, after initial bond proceeds the first year, and become positive for years four through ten. In terms of cumulative cash flow it is negative through year five, and turns positive on a cumulative basis in year six. Over ten year period, there is a positive cash flow of about$3.7 million. Bond debt is amortized over a ten year period, and over that period there would be$15 million in revenue associated with the cable service and another$13 million associated with data transfer services and savings from operational efficiencies. For Scenario 2,Table 2 provides the same information, relating to net income which turns positive by year five, annual cash flow which is negative into year four,cumulative cash flow which turns positive in the ninth year, no cable revenues, but$13 million in revenue for data transfer and operation efficiency savings. Director of Finance Jill Turner discussed the reasonableness of the report presented by R.W. Beck. Noted that the previous bond sale amounts were much lower, but that they were revised to include capital costs to cover expenditures for digital set boxes and other operating costs. Discussed the section on Scenario I in Appendix I. Noted that the City would likely not consider going to an outside partner from private enterprise to provide CATV service unless it were financially advantageous to do so. Noted that report's assumed residential passings is very reasonable in comparison to the number of electrical accounts, and that it is a reasonable estimate to assume that 'A to 1/3 of total possible customers will be customers by the end of year two. Discussed positions and salaries listed under operating expenses. Noted that some current positions will be re- assigned,and explained that while this doesn't involve creating new positions, it may mean a change in existing positions and salaries. Also discussed that future salary allocated for the Electric Department should show as savings in the Ashland Fiber Network Plan. Turner concluded by noting that her previous suggestions have been incorporated into the Ashland Fiber Network Plan. City Administrator Mike Freeman discussed Ashland Fiber Network staff recommendations. Explained the reasons behind the City's looking at this project. Noted that the Telecommunications Act of 1996 frees utilities to enter the telecommunications arena;that because of low incremental costs there is a low risk of failure and a strong competitive position relative to traditional telecommunications carriers;that utilities are perceived as providing more reliable service at a lower cost; that the trend in the industry is to keep options open by installing as much capacity as possible when climbing a pole or digging a trench to maximize returns on labor expended; and that with deregulation, utility revenues will likely decrease, creating pressure to enter new markets. Freeman stated that the state's strategic plan,titled Oregon Shines II, includes the goals that Oregon become one of the top ten states for starting and growing a technology company and that more Oregon companies export higher- valued products. Stated that the Ashland Fiber Network would help existing businesses to meet these goals. Also discussed Senate Bill 994 which created the Oregon Telecommunications Forum Council with the goal of utilizing telecommunications to improve the quality of life and economic development in Oregon. Freeman concluded by outlining the reasoning behind the staff's recommendation of Scenario I,which includes the provision of cable television services. This option meets the needs of the utility to begin positioning itself for deregulation; meets the City's needs to provide higher quality services to the public while reducing costs; provides infrastructure that would not otherwise come to Ashland in the near future; provides a valuable long-term economic development tool; assists local businesses in improving their ability to compete; provides larger organizations with significant opportunities to utilize new technology to reduce costs, improve services and implement distance learning concepts;gives City schools access to high-speed data and video service; provides high-speed data solutions for off-campus students and faculty of SOU; provides an incredible opportunity for the hospital to improve its already outstanding service to the community; provides high-speed data access for homes,and thus Ashland City Council Study Session Minutes 07-08-98 2 home businesses; provides for an additional$3.2 million in revenues from cable television services; and provides residents with a choice in their television programming. Freeman concluded that it is the staff's preference to utilize a partnership with the private sector to provide cable television service. And although the Business Plan reflects the City getting into the cable television business, it is the staff's intention to pursue a private partnership first and foremost before considering going into the business itself. Director of Electric Utilities Pete Lovrovich discussed the phasing of the Ashland Fiber Network project, and presented an updated map showing the location of the fiber ring. Explained that the initial fiber ring is 2/3 complete and should be completed within 2'h weeks. Explained that Phase I would allow them to tap into the substation, provide some communications functionality that would increase the efficiency of Public Works and Utilities programs, and provide some remote outage detection. This alone would mean savings of about$30,000 per year. Pointed out that the data transfer system design initially installed will also allow the City to provide cable television service. Noted that the first portion of the fiber ring installed will go by thirteen large users(the hospital,the City, the University, etc.). Stated that the projected cost for this initial phase is$750,000, assuming that the City bears all costs, and noted that this is a conservative estimate. Pointed out that ideally, with the users sharing part of the expense,the City's costs would be only half of this. Noted that costs to date for the fiber ring have been$471,000, and explained that the first phase will allow high- speed data services, video,and various high-speed services for the thirteen large users. Stated that projected revenues for the first phase are$200,000 per year. Phase 2 will involve the build-out of the distribution system to homes and small businesses. Explained that the construction costs for both scenarios are identical, but the Scenario I has roughly$1'/2 million in additional expenses for equipment related to providing cable service. Noted that this initial investment of$1'/a million would mean $3.2 million in cash revenues, versus$560,000 without the cable service. Emphasized that the City is looking at offering service to the thirteen large users on the main ring by the fall of 1998. Data services would become available early next year. Surveys would be conducted to determine those areas where there was the greatest demand for service,and the entire system should be built out within 1'h years. Stated that both scenarios are beneficial, intended to provide greater efficiency and more services to the community. These services are in line with the Department's strategic plan,and both scenarios are excellent. Suggested looking at a system that would eventually be valley wide. Also noted that there are major differences in both philosophy and intent between the City and Falcon/TCI Cable. In answer to a question from Mayor Shaw, Lovrovich noted he had been in contact with Howard Gan of Falcon/TCI to explain the bandwidth the City would require for remote meter reading if Falcon were to lease the City's fiber. Noted concerns that the ring is being installed to provide service to customers in light of coming deregulation, and stated that there would be no control on the part of the City if the fiber were leased to Falcon. Noted concerns over the integrity of the system. Lovrovich confirmed that Gan had indicated to him that Falcon/TCI had retained an attorney, and would pursue legal action if the City attempted to move into the cable business without a vote of the people. Discussed whether Falcon seemed opposed to the idea of the City providing data services or just cable television. In response to questions from the Council, Lovrovich explained that redundancy within the system is very important. If the City is maintaining the system, it will mean that the City has access for using it to restore service. This might be a problem if the system were leased to Falcon Cable. Ashland City Council Study Session Minutes 07-08-98 3 City Attorney Paul Nolte discussed the issue of whether the City's charter requires a vote of the people to enter the telecommunications business. Explained that the charter allows the City to provide certain specific utilities(water, sewer,electricity,and public transportation)and any other public utility must be voted on. Explained that it is his opinion that cable television and telecommunication applications do not constitute a"public utility". Stated that there is no commonly accepted definition of"public utility" in cases nationwide,and traditionally, in Oregon public utilities have been defined in terms of power, light, heat and water. Now, by statute, telecommunications is specifically excluded from the definition of public utility,and cable television is specifically defined by Congress as not being a public utility. With this in mind,there is no need for a vote of the people as the services to be provided are not public utilities. Furthermore,the charter is very broad in its grant of powers to the Council. Thus,telecommunication services can be provided without further legislation or ordinance. Confirmed that the State Cable Association had retained a Portland attorney to look into the legality of the charter issue,and that the local attorney for Falcon/TCl has issued an opinion but has not made this available to the City. Stated that Council needs to decide whether to continue under the threat of litigation,should a suit be filed. Noted that cable companies typically litigate to the maximum in order to discourage competition. Explained that a cable company could seek a preliminary injunction to stop work on the grounds that this project is clearly not a function for a city to provide and it thus needs to be stopped immediately,but he stated that he did not see much likelihood of such an injunction of this nature being granted. Nolte stated that there is legally no downside to sending the matter to a vote of the people,but that there is no legal need to do so. Emphasized that this is a matter of policy and strictly up to the Council. Mayor Shaw noted that the amount of money that would be put into a campaign by a large corporation such as TCI would make an election difficult for a small community of volunteers. Also explained that the cable television industry will be submitting proposed legislation for the next legislative session that would preclude cities from going into telecommunications. Noted that existing legislation in several states prohibits city competition in the industry,and that one such law in Texas was upheld on appeal. Stated that previous legislation in Oregon has not been retroactive,and cities that with established telecommunications systems would likely be allowed to continue. Discussed whether this would be subject to referendum,and Nolte stated that it is his belief that this would be an administrative decision rather than a legislative issue. City Administrator Mike Freeman asked Council to clarify a general consensus on the direction in which they would like staff to proceed. Councilor Hauck stated that he had no problem with following the staffs recommendations. Councilor DeBoer stated that he would like a list of the members of the committees created to look into the technical and business issues around the creation of the fiber network,and he would like to be sure that minutes are kept for these minutes. Freeman stated that there is no project until the proposal is accepted by Council,and as such the strategic steering committee and the technical advisory committee have not yet been convened. Lovrovich clarified that the technical advisory group had met once,minutes were taken and will be provided to Council. Councilor Laws stated that it was his understanding that the strategic committee would analyze the Business Plan. Freeman stated that it was his intent to provide the committee with a Business Plan for the scenario preferred by the Council. Discussion of the intent of Council's original decision concerning acceptance of the Business Plan. Ashland City Council Study Session Minutes 07-08-98 4 Councilor Laws stated that the City needs to compare what is being proposed here with services to be provided by Falcon/TCI and US West to have a better understanding of potential competition. Explained that he would like to see a direct comparison of the technical aspects of the systems that will be available in Ashland. Councilor Laws continued that he wants to feel comfortable that the City will get the number of customers shown in the projections. Freeman explained that under public records law,cities must provide all information to the public, but that the competitors are not bound by this law and this would make obtaining complete information difficult. Laws suggested that he would also like to know the number of customers that would be necessary for this venture to break even. Laws also questioned losing general fund revenue from the utility through-deregulation of the electric industry. Feels that there should be an alternative to allow returning profits to the users through reduced rates rather than putting profits back into the general fund. Feels that the City is working on too many assumptions,and expressed concerns over the margin for error. Mayor Shaw clarified that the two issues for raised by Councilors for the staff to look into are: I)To provide a general comparison of the different systems. 2)To provide information on just how much money the City needs to make to break even, in terms of the lowest possible rates that could be set. Lovrovich noted that accurate comparison of systems requires detailed design information on the system,and general information such as a"750 mhz system"provides no substantive data for comparison. Councilor Wheeldon states that she does not believe there can be any assumptions about a partnership until the City is at the table with potential partners. The City needs to decide to move forward with the cable portion of the project before Council discussion can proceed. Councilor Hagen pointed out that unless some direction is given to the committees on a more concrete project,the committees may find their work difficult or impossible. Also stated that the ability to lower rates and do away with profit as discussed by Councilor Laws provides the necessary margin for error in that the City doesn't have to show a profit for shareholders like a private enterprise. Director of Finance Jill Turner explained that a financial plan and a rate resolution will be coming back to Council, and that the revenue bond process will require rates that will be sufficient to meet the debt. This will likely require rates for the first several years to be at the point the market will allow. Discussed the fact that greater penetration of the market could give the ability to lower rates. Councilor DeBoer explained that he had requested the committees be formed as groups of experts to look into the financial and technological portions of the plan. Asked how quickly services could be provided to a new business coming into town. Discussion indicated that there could be service this fall if the Council chose to move ahead. Lovrovich also noted that creating a committee of experts is difficult as the field is so rapidly changing. DeBoer emphasized that he would like to see reports from people in the field confirming that the project is sound. Mayor Shaw suggested that Council give staff some direction on the scenario to be brought back to the second council meeting in August. This direction will provide some basis for the committees' review. Noted that the information brought back should include a comparison of technical aspects of the proposal and potential competitors',and a report from the technical advisory committee. Based on the report of the financial and technical advisory committees the Council will vote at that time. After discussion,there was a general consensus that Council would like to see details for Scenario I brought back to the first meeting in September. Councilor Laws requested that the information to be brought back include a financial summary of the necessary ten- year ending cash reserve. 10 Ashland City Council Study Session Minutes 07-08-98 5 TOLMAN CREEK UTILITY OBSTRUCTIONS Noted memo from Pete Lovrovich concerning utility obstructions at 215 Tolman Creek Road. After area residents expressed concerns that an electrical cabinet which had been at the site for over ten years was impeding vehicular visibility,the Department of Electric Utilities redistributed the electrical feed and removed the cabinet to address visual safety issues. Discussion of the difficulty in seeing at this entry to the road,noting issues of sight distance, speed and proximity to traffic. Public Works Director Paula Brown stated that her department will continue to look at this issue. Also noted that while they do not want to use the bicycle lane as a buffer,they will look into the possibility. Stated that the street has been re-striped, it has been asked that bushes be cut back,and the bikelanes are being looked at. FALCONITCI REBUTTAL CONCERNING ASHLAND FIBER NETWORK Howard Gan of Falcon Cable noted that Falcon and the cable industry in general are being made out to be the enemy,and emphasized that they do supporl the City in this endeavor. Stated that they would like to be able to share their views in open dialog concerning this project,and they have not been allowed to do so. Stated that his company has no intention of suing the City,and he denies ever making a statement to the contrary. Said that he has been informed by the Oregon Cable Association that an outside lawyer has been retained to look into the issue of whether a vote is necessary. Questioned why the City would take the risk to build a competing system which will duplicate what Falcon wants to put in place. Feels that there has been no dialog with the Council despite Falcon's offers of partnership and attempts to accommodate the City's needs, and that Falcon has not been allowed to participate in any discussion. City Administrator Mike Freeman stated that he feels it is inaccurate for Falcon to say that the City has not taken its information into consideration. City has run a full scenario(the Falcon Scenario)that did not meet the City's cash flow requirements,and that scenario has been submitted to the Council. Gan noted that revenues from providing internet service in the City's scenarios are excessively optimistic. Councilor Laws emphasized that the Scenario 1 being looked at by staff keeps open the possibility for a partnership, and hoped that the Council will remain neutral,avoid an"us vs. them"attitude,and remain open to the possibilities which present themselves in the process. ADJOURNED The meeting was adjourned at 2:30 p.m. Submitted by Barbara Christensen,City Recorder/Treasurer Astdand City Council Study Session Minutes 07-08-98 6 ASHLAND AIRPORT COMMISSION Noon, Wednesday, June 3, 1998 \pEpp: aR, � MpYp inVYp1[ MINUTES MEMBERS PRESENT: Chairman Paul Mace, Paul Rostykus, Lillian Insley, Alan Hassell, Councilor Alan DeBoer, Ken Ehlers, Marty Jacobson, Don Fitch; Staff present: Jim Olson, Dawn Curtis MEMBERS ABSENT: William Skillman I. CALL TO ORDER: Meeting 12:00 Noon II. APPROVAL OF MINUTES: Wednesday, May 4, 1998 Minutes were approved with a change to sentence in Item IV.B. to read DeBoer commented on the CPI Index and advised Day that the index is reviewed once every year and calculated at 1/2 the CPI. Public Forum: Commission asked for Members absent to also be placed on the monthly minutes. III. OLD BUSINESS: A. Pendine Proiects: 1) Beamis/Sandler. Olson informed the Commission that the appraisal should be in by the 121h of this month. 2) T-Hangar Development. Staff and Skinner to further discuss letter to tenants and prospective tenants regarding new hangars. Commission decided on an insert for the letter with a description of the hangars. DeBoer asked for update regarding the building construction. Olson informed him that the cost of the earth work from Burl Brimm estimated $35,000 was a minimum, estimating earthwork only. There is no current budget available from the City for this work. Suggested we develop land as an AIP or funding project. An issue with the AIP is that it will take a longer amount of time for funding. Possibly have money by next summer to start construction. Discussion ensued regarding alternatives to fund the improvements such as taxiway lighting, sitework for new hangars, construction of new hangars, security fencing and possibly fuel tank replacement. Concerns were addressed concerning how the 10% of funds not covered by the grants and required by the AIP and grants from the FAA, where will money come from? Olson stated that the City is usually able to provide much of the match by a "soft" match of Engineering and Administration services. Jacobson questioned the support of the City, what will they be willing to fund? DeBoer stated that the City will help with the hangars because they will pay for themselves within ten years. Mace stated that Public Works and Finance will need to help decide what financial options are available. Olson to research the AIP funding. The pavement opposite the new hangars being constructed should be repaired when the hangars are complete. Fitch also requested for painting to include a center line being placed between the new hangars. Olson has checked the new hangars and has found that they will experience drainage problems. He has addressed this issue with the contractors. Mace suggested that Commission revisit this topic next meeting to address what priorities need to be set and what financial options are available for each. Commission might even take into consideration the process of hiring a private developer to complete the work on the hangars. B. Maintenance Issues: Staff 1) Fuel Tanks: Olson recapped that several meetings have taken place with Bergeson-Boese. Estimates and pros and cons of using above ground tanks have been discussed. Don Paul, Fire Marshall was present to discuss regulations for the above ground tanks. The use of the above ground tanks will mean less involvement by the DEQ as they are regulated by the state Fire Marshal. The concerns for the above ground tank included matters such as placement; the tank has to be 20' from buildings, evaporation of fuel; the tanks will be exposed to higher ambient temperatures causing more evaporation to occur, capacity; there is a overflow device that will not allow more than 90% capacity; Skinner informed the Commission that he will have to let tanks become completely empty before ordering more fuel because the cost is by truck load so no matter how much he takes he is charged the same amount if it fills the tank or not; installation of the fuel lines from the tanks to the pumps; to install the lines will cost$75 per foot, a 3' high containment wall will need to be constructed around the tanks in case of leakage. Positive aspects of the tank discussed were the longevity of the tanks and the cost of replacing is much lower, the lack of DEQ involvement with trend monitoring and testings, upgrading the tanks will be a great opportunity to upgrade the pumps, the tanks can be installed and operational during the removal of the underground tanks and install a card lock feature. Olson is to research the inclusion and costs of new pumps, retrofit possibilities for the card lock system. Skinner will also research with Texaco on how complicated and costly operating the card system will be. Confusion was cleared on the amount of compartments available and whether one or two storage tanks would be needed. After discussion of the information it was decided that one tank would be feasible with three compartments. Olson will request a breakdown of costs from Bergeson& Bose based on only one tank being installed. Commission then discussed different options in financing the tanks and the decommissioning. Insley, DeBoer and Mace had recently attended a meeting with Jan Garvey and Senator Ron Wyden. The discussion was brought up regarding the AIP covering the decommissioning and fuel tank replacement costs. It will be a topic brought up before legislature. Skinner questioned if the bill passed would it be retroactive? Mace informed him that that had been requested. Insley asked if AIP would be feasible with our time limits. Olson informed her it could take months. Insley asked about having a private supplier install the tanks. Mace remarked that this was not an option. We would lose revenue because of the price increase to hire an independent company. Mace feels our best bet is to slip this into the FAA budget as an AIP. Mace asked for a consensus from the commission to have one above ground tank installed prior to the removal of the underground tanks. After removal, DEQ will establish trend monitoring and start the cleaning the contamination of benzanine. These measures are all covered in the already established price. 2) Tree Trimming: Aardvark will begin later this week. The trees on Saunders property are not included in our easement and can not be cut. They are approximately 20 feet higher than the surrounding trees, but has little affect except during the take off which is relatively rare from that direction. The approach pattern insures that traffic s well south of these trees. The only flights effected are the ultra lights taking off. The airport trees will be cut to half their present height. Insley questioned removing the trees, but Olson informed her that we cannot remove the trees from that area because they shade the creek. Any removal of the provided shade will adversely effect the temperature of the water. 3)Airport Appreciation Day May 17": Thank you Clark! Great Show in spite of the weather! Presentation to Hamilton held off till he is present, next month. IV. NEW BUSINESS: A. Election of Chairperson and Vice Chairperson: Elections were called: Lillian Insley nominated Paul Mace as Chairperson Don Fitch seconded the motion. Vote was unanimous. Marty Jacobsen nominated Paul Rostykus for Vice Chairperson Don Fitch seconded the motion. Vote was unanimous. B. Runway Sealing: Olson confirmed that the runway was crack sealed last year by the County. On the aprons they used a fog seal coat. The project cost approximately $3000.00. If we seal the runway the painting will also need to be redone. Skinner voiced concern that the heavier tar melts on warm days and people are tracking this into the buildings. If the sealing is redone, should be delayed until the tank construction is complete. C. Goal Setting: Postponed until August Meeting. D. July Meeting Date: Meeting will remain on July 1. V. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport Financial Report Review of Safety Reports: Business has been better due to better weather. Still expecting the Robinson Helicopter dealership. Construction of the new hangars is going smoothly. Skinner addressed staff to have a sweeper come and clean the apron and runways. Skinner also wanted to remind everyone of the Chadwick balancing for propellers available at Skinner Aviation. B. Ashland Airport Association: Status Report None. VI. INFORMATIONAL ITEMS: A. Utility Costs It is still a concern over where our utility budget is spent. DeBoer suggested we ask Jill Turner to join our September meeting, after the budgets have been finalized, and invite her to help clarify the costs and compare last year's to this year's expenditures. VII. NEW: A. CPI Rates DeBoer questioned where the commission stands with hangar rates. And have the tenants been made aware of when the new hangars will be available. Mace assumed that the CPI had climbed? Skinner asked staff to talk to Brown and ask her to send the official documents along with a written approval of new rates. This will also be brought up to the Commission. Discussion ensued regarding the new hangar being built by John Day. City is in favor of this and is planning to cooperate with requests. Mace revisited the fact that the commission never agreed on a ground lease value. He feels a special meeting on the topic should be planned. B. $4000 Allocation DeBoer asked if some of the money could be allocated to plant low lying plants and grass to fill in unpaved areas near the hangars. C. Air Traffic Manager for Oregon Insley passed on the number of the Air Traffic Manager for Oregon -Joe Foster 503/2494460 ext.101. G:DawnWirpMnutesVune 98.wpd D. New Internet Sites Don Fitch has been working on new Internet sites for the Airport. VII. ADJOURN: Meeting was adjourned at 1:30 PM. G:DawnWirp\MinutesUune 98.wpd ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 1998 CALL TO ORDER The meeting was called to order at 7:05 p.m. by Chairman Steve Armitage. Other Commissioners present were Anna Howe, Russ Chapman,John Fields, Marilyn Briggs, Mike Gardiner,and Chris Hearn. Absent members were Ron Bass and Mike Morris. Staff present were John McLaughlin, Bill Molnar, Maria Harris and Susan Yates. PUBLIC FORUM-No one came forth to speak. APPROVAL OF MINUTES AND FINDINGS Howe moved to approve the Minutes of the May 12, 1998 meeting. The motion was seconded and everyone approved. Howe moved to approve the Findings of the May 12, 1998 meeting. The motion was seconded and everyone approved. TYPE 11 PUBLIC HEARING PLANNING ACTION 98-044 REQUEST FOR OUTLINE PLAN APPROVAL FOR A 21-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED ON THE WEST SIDE OF NORTH MOUNTAIN AVENUE DIRECTLY ACROSS FROM MOUNTAIN MEADOWS RETIREMENT COMMUNITY. APPLICANT: MOUNTAIN MEADOWS LLC Site Visits and Ex Parte Contacts All Commissioners had a site visit. Fields saw Medinger on site. Fields walked out through the out cropping and down below. STAFF REPORT Molnar gave a brief review of the adoption of the North Mountain Neighborhood Plan. Molnar showed the proposed five acre site on the overhead. Mountain Meadows Retirement Community is across the street. He explained the topography and said some notable features are rock outcroppings on the bluff,several trees on the property(oak and evergreen)with Kitchen Creek skirting the southeastern comer of the property on its way to Bear Creek. The newer course of the creek tends to parallel the maintenance route for the sewer line. The proposal involves the extension of Mountain Meadows Drive from across the street and two other streets. There are a few alley systems as well which will provide access to some of the garages. There will be no direct access to garages off North Mountain. Staff is concerned with maintaining the consistency with the plan as this is the first application with the North Mountain Neighborhdod Plan and ensure that any modifications proposed still provide connectivity and a smooth transition into neighboring properties. Molnar outlined some concerns raised in the Staff Report. Major amendments include re-alignment of Mountain Meadows Drive. Due to the slope of the area(about 22%),the applicant has proposed to swing the road to the north in order to stay with the contours and not have to deal with extensive cutting of the original placement of the road. This will make a suitable transition to the parcel to the north(Zare's property). Staff would concur the slope presegts some difficulties and though a deviation from the North Mountain Neighborhood Plan,during the three day planning charrette,some deviations were bound to happen upon further analysis. Staff noticed,however,on the North Mountain Neighborhood Plan to the back of the north property line is a proposed alley which is intended to serve the three lots on the proposed project as well as eight lots on the property to the north. Staff is still hoping the applicant could explore bringing in an alley to provide access to lots 9 and 10. The plan discusses the major amendments and should not result in creating a street scape where garages have more of a focus. Howe asked if there will be substantial reduction in the cuts along Mountain Meadows with this proposal. Molnar affirmed. Armitage said since the alley to the north is not on the applicant's property, it might be difficult for the applicant to provide access. Molnar said the neighborhood plan did not address whether it was on the applicant's property or not. If the Commission finds the alley is desirable, since this is the first application, the applicant could probably accommodate it with a partial alley improvement. Another element of the proposal will be finishing off the improvements to North Mountain Avenue along the frontage of the entire property. One aspect involves installing an eight foot wide center landscape median. Another major amendment is the change in land use, allowing for Lot 21 to include an area that is designated as neighborhood open space on the NM Plan. Additionally,the rear portion of Lots I6-20 include rock outcroppings and steeper sections of the bluff that are also designated as open space on the Plan. Since the writing of the Staff Report, Molnar met on the site with the applicant and tried to get a better idea of the break in the slope of the cliff. It is not their intention to have the buildings descend below the cliff but to have a flatter area for those homes. The removal of Lot 21 would be adjacent to the public right-of-way creating a neighborhood focal point, like a neighborhood pocket park. The Commission needs to ask the applicant about their intentions of improvements to those areas. Staff is not completely opposed to modifying the open space but how does it relate to public right-of- way. Howe asked if they are offering a flat area and Molnar said "yes" at the base of the bluff. The applicant is requesting a minor amendment to shift Hilltop Drive slightly to the west. Staff does not believe this modification will adversely affect the functioning of the NM Plan. Lastly,there is the issue of storm drainage: Where exactly was it going or where would it daylight? The tentative engineering is shows the storm drain heading towards Kitchen Creek. Molnar said Staff has included 18 conditions if the Commission approves the proposal. Briggs said the text says Lot 8 has solar shading. Does it shade Lot 7? It would be similar to east and west elevation provided by the applicant. Molnar said in moving to a more traditional neighborhood design,they look more for east to west trending streets to allow for lots with north/south lot dimension which are better for solar. As we look for tighter lots, it conflicts with the six foot high shadow requirements so Staff has tried to have the applicant specifically address a building design and try to plan for a specific height shadow on the south wall of the adjacent property and coordinate window and interior spaces such as garages. The Performance Standards Option states it is mandatory that the perimeter of the project complies with the underlying setbacks of the zoning district but within the property it allows for flexibility. Molnar said this project represents essentially Phase V of the Mountain Meadows Retirement Community. The intent is to provide wider lots for single level floor plans which created Great Oak Drive which by its nature doubles the number of lots that will not have alley access. Staff felt it was still valid to explore Lots I 1 and 12. McLaughlin added that the changes in one part of the plan should not lessen the integrity of holding to other parts of the plan. Adjustments can be made but not to the detriment of the next part of the plan and how it relates to the adjoining property. Each incremental change needs to be appropriate. He believes that is what the applicant is showing in their ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES JUNE 9,1998 revisions that the intent of the plan can be met. Molnar said while the building envelopes are being pulled back(the area of the bluff),does the applicant plan to fence along the rock outcropping? Fields noted it seems there will be a loss of mixture of residential types with this proposal. This project is a spilling over of the senior development. Do we let the market decide or do we uphold the intent of the plan? Fields also thought without some kind of retention of the storm drain,there will be way too much volume going into Kitchen Creek. It would seem 60 to 80%of the water can make it to Mountain Avenue. The bend in Mountain Meadows will create a sort of terminus to the open space. This seems like a good trade-off. Molnar responded that the overall density shown on the Plan and in this proposal is consistent(around 25 lots). A key point is the change in concentration of units mainly to accommodate single level floor plans. Elements of a neo- traditional neighborhood is a mixture of housing types. The narrow longer lot is part of that. Staff is concerned the type of development proposed will spread throughout the NM Plan. The six lots between Mountain Meadows Drive and the open space are extremely lengthy lots. While the open space is narrow and surrounds the bluff,most likely the homes on those properties will be oriented more towards the street so there would be an additional open space buffer which will be the rear yards of the property thereby not putting so much pressure of encroaching onto the cliff area. PUBLIC HEARING LARRY MEDINGER, 115 Fork Street and MADELINE HILL, 828 Boulder Creek Lane. Medinger said some of the focus has shifted to single family homes and they are looking to meet that need. There is a group of people who are active and are looking for a single level single family homes. Large lots are not practical. Seniors cannot afford to build yet the senior community has certain needs that need to be met. They have tried to hold to the initial density. He does not feel this is contradictory to the original NM Plan. With regard to the alley to the south,the idea is to connect it so city vehicles can have access to the sewer line. People use that road all the time now for walking and he wants to integrate that road as part of the open space experience. Medinger said originally the NM Plan showed trees in the median of the North Mountain Boulevard design. Engineering has a water line underneath the median. Medinger met with the Tree Commission and they are very interested in having a double canopy of trees. They are sending a representative to the Engineering Dept. and asking them to install trees. He would like the Planning Commission to back that approach.. With the exchange of open space,there is really no loss or gain of open space. It is close to an acre of green space. Medinger explained Great Oaks Drive is a small alley-like street and not a neighborhood accessway. They tried to protect the accessway and have as few garages as possible on it. There is no possible way to have an alley behind these lots. He said the storm drain will come down and go to into Kitchen Creek. All other storm drainage will come off the other side of North Mountain going straight into existing creeks. Engineering has never said they have to do something else. There will be no fencing allowed along the bluff area. The back yards are natural areas. No storage sheds will be ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES JUNE 9,1998 r allowed in the rear. Medinger said it would not be difficult to install a temporary looping path. In the future,the actual pedestrian activity will take place on the roadway. Howe wondered if above Mountain Meadows Drive,possibly a pedestrian path could get through(edge of 21). Medinger said access will be possible after the road is built. Howe mentioned the more intense development to the north intrudes into Medinger's property which are now Lots 1, 2, 7,and 8 and in the initial plan show smaller lots for possibly lower income housing which would develop a more diverse housing stock. Medinger said he thinks there is a market for something smaller but he knows there is a market for the senior housing. Hill said Ashland seniors really want to live in single family detached homes that are easily accessible. The number of homes in this range is very small. Chapman asked Medinger if he had a problem with any of the 18 conditions. Medinger said he is most concerned about the alley access(Lots l 1 and 12)and if he builds a home that would point backwards and then never build the alley;then what? Molnar said the adjacent parcels will be coming before the Commission very soon and Medinger could temporarily improve the alley. He could do an eight foot improvement and it can be reviewed at final plan. Medinger said with Condition 14 they will have to get additional authorization from Division of State Lands to culvert Kitchen Creek. If they could avoid disrupting any of the creek bed so they did not have to extend the toe of the slope,they would not need DSL approval. McLaughlin said, "if required"could be added at the end of Conditions 14 and 15 to clarify. All other Conditions are agreeable to Medinger. Change Condition 9 that "no installation of fencing along the boundary line be allowed". The city maintains the Mountain Avenue median. Medinger will install irrigation. Medinger reiterated Engineering may not work for a double tree canopy without encouragement from the Planning Commission. Medinger explained the pedestrian node between Lots 14 and 15 is a transit area with a bench. This will be a senior pick-up area. He will consider covering it. COMMISSIONERS' DISCUSSION AND MOTION Howe moved to approve 98-044 with one additional condition and changing of 14, 15, 9,and 1. Condition 19 to read: That an alley be incorporated into the final plan to serve Lots I I and 12. Applicant to be responsible for half the improvement and associated right-of-way dedication. Gardiner seconded the motion. Howe commented the applicants are establishing the whole tone of development for the west side of Mountain Avenue and are hitting a very high level of performance in conforming with the plan. Under Criteria C, attention has been put into the natural areas and with continuation of the footpath where the street will eventually be,people should still be able to enjoy this area to a high degree. They have a high level of open space-20%-(Criteria E). The motion carried unanimously. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES JUNE 9, 1998 OTHER Railroad District National Register Nomination This will be going to the Council next week. There is a memo to the Council and if it encapsulates the Commission's feelings about the nomination, they could move to have the Commission chair sign it. Howe so moved to sign. Heam seconded. All approved. Land Use Decision Workshop- Briggs reported on the Land Use Decision workshop. Briggs will remember mock presentations the most. McLaughlin thought it would be good to do something role playing the in the future. ADJOURNMENT-The meeting was adjourned at 9:45 p.m. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES JUNE 9,1998 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 9, 1998 CALL TO ORDER The meeting was called to order at 1:35 p.m, by Anna Howe. Other Commissioners present were Russ Chapman and Marilyn Briggs. Staff present were Bill Molnar,Mark Knox and Susan Yates. APPROVAL OF MINUTES AND FINDINGS Briggs moved adoption of the Minutes of the May 12, 1998 meeting. The motion was seconded and the Minutes were approved. Briggs moved adoption of the Findings for May 12, 1998. The motion was seconded and approved. TYPE 11 PLANNING ACTION PLANNING ACTION 98-043 REQUEST FOR A VARIANCE FROM THE SOLAR CHAPTER OF THE ASHLAND LAND USE ORDINANCE TO ALLOW A CASTING SHADOW FOR THE PROPERTY LOCATED AT 1075 HLLVIEW. PROPERTY OWNER AT 1065 HILLVIEW HAS NOT AGREED TO THE SHADING. APPLICANT: JAMES A. MARTIN Site Visits and Ex Parte Contacts Site visits were made by all. Briggs said Mrs. Martin showed her around the site. STAFF REPORT Knox asked the Commissioners to review the diagram in the packet and he outlined the contents of the Staff Report. There are three structures on the property. The yellow house will be demolished and the dome house will replace it. There is.a blue garage studio building in addition to a bam being used for storage. A variance is necessary because the adjacent neighbor to the north did not wish to the sign the solar waiver agreement. Knox gave an explanation of how the solar calculation is computed. The length of the shadow on December 21 st at noon is 42 feet. Usually if there is a problem with a waiver,variation can be made to the house thus mitigating some shadowing. The house the Martin's have proposed is geodesic and they do not wish to construct it in a different location on the site. Knox read the criteria for a Variance. Unique or unusual circumstances: Staff does not believe there are unique or unusual circumstances in this situation. Negative impact on adjacent properties: The neighbor believes there is some negative impact regardless how minor to his property. There are things that could occur on the neighboring property that a shadow might effect. In addition,staff has not had any evidence proposed that would offer any energy saving opportunities. Conditions or circumstances not willfully self-imposed: This has been a difficult application because the applicant purchased a dome kit three and one-half years ago without knowing if it would work or not and was told at the time of building permit it would not work. They have worked during this time to get the neighbor to agree to the shadow. Purchasing the kit was a self-imposed condition. All three of the criteria have to be met and in Staff's view,the three have not been met and Staff,with much dismay, has recommended denial. PUBLIC HEARING James Martin, 1075 Hillview, showed photos of the various shadows. With regard to unique or unusual circumstances, he does not know why it has to be restricted to the lay of the land. There is nothing saying every case has to be decided this way. There are many factors figuring into unique or unusual circumstances. There is no place on the lot where he would receive full solar benefit. A new house can only benefit the property owners in the neighborhood as well as the city. No one has expressed a concern about the shape of the house. The circumstances have not been willfully self-imposed. Martin told the Planning Department he wanted to build a dome house. The planner he spoke with said it did not look like it would be a problem. He could put it behind the garage and not cast a shadow on the neighbor's property. Martin would have to relocate his shop, placing his front door about 80 feet from the street. If he moves the dome back,the cost of the tearing the shop down and remodeling would be prohibitive to him. The expense and inconvenience would be greater than casting a shadow on this neighbor. CAROLE DRAIME, 1096 Hillview Drive, supports the application and would like the Hearings Board to grant the Martin's permission to build their dome house. LYNN COCO, 1924 Mohawk, supports the application. She read a letter from Jeff LaLande, 1 110 Hillview Drive supporting the application. ROSALYN REINHARDT,2156 Hillcrest Road, Medford,said the Martin's house needs to be replaced. The dome does not allow for any correction to allow for the solar. She supports the applicant's proposal. JOHN BARLOW 1103, Hillview Drive,said if the Commissioners are considering solar impact, it is so minimal he cannot see any reason not to grant the variance. The shadow is so small for such a short a time, it seems minimal. It would improve the Martin's quality of life. WILLIAM SAMMONS, 155 Terrace Street, has serious objections because it precludes solar access for any future development of the property(in the front). He would expect any development would use solar energy. He talked with Martin and does not object to Martin placing the dome someplace on the site. Rebuttal The driveway follows the fence line all the way back to the house. Sammons has several large pine trees shading the front yard of the house. Staff Response Molnar expressed the difficulty of this application and though the applicant feels the variance should be based on personal unique circumstances, Staff believes "unique"concerns the site, not personal circumstances. It would be more appropriate for the Martins to argue that virtually all of the houses in the neighborhood shade their neighbors which might be a basis for saying this property is unique because, for example, 90 percent of the homes in the area may exceed a six foot high shadow. COMMISSIONERS' DISCUSSION AND MOTION Briggs said there is a clear need to get the dome built but the Commission has to deal with the precedence they might set. It says clearly that unique or unusual circumstances must arise out of the condition inherent in the land. This has been the most difficult action before the Board. She does not believe the Martins have put long-range ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 9,1998 2 planning in this. She would like to see them bite the bullet and find a place on the property the house will work. The barn serving as a workshop is not a building that will last very long on its own and probably will not be renovated as the years go by. If the dome has to be built and that is the only place,that building might have to be sacrificed and the storage space in the garage might become a shop. Chapman feels compassion for what the Martin's are up against in this situation,however,he has to adhere to the criteria and he simply cannot find anything that will give the Commission any flexibility. They are left with a mathematics issue. He could not find anything that says "if the affect is minimal",therefore he believes the Martin's are going to have to respect Sammons disagreement with the waiver. Howe said if it can be measured in the neighborhood and shown everyone has a solar shadow because of the topography and layout of the lot,that could make an effective argument in an appeal. Briggs moved to deny PA98-043. Chapman seconded the motion and it carried unanimously. TYPE I PLANNING ACTIONS PLANNING ACTION 98-029 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO PARCELS 108 GRANITE APPLICANT: GORDON MILLER This action was approved. PLANNING ACTION 98-041 REQUEST FOR FINAL PLAN APPROVAL FOR A FIVE LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED NEAR THE GRANITE STREET/WINBURN WAY JUNCTION(SOUTH OF 247 GRANITE STREET). APPLICATION: ROB CAIN This action was called up for a public hearing. PLANNING ACTION 98-042 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO ALLOW FOR AN EXISTING STRUCTURE TO BE CONVERTED TO AN ACCESSORY RESIDENTIAL STRUCTURE. 482 HERBERT STREET APPLICANT: WILLIAM GARRETT This action was approved. PLANNING ACTION 98-045 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO ALLOW FOR AN ACCESSORY RESIDENTIAL UNIT. 122 CHURCH STREET APPLICANT: TIM SARGENT This action was approved. Briggs agreed with the Historic Commission regarding the windows. Chapman feels if houses are fronting on alleys,he would like to see the alleys paved. PLANNING ACTION 98-046 REQUEST FOR A SITE REVIEW AND LOT LINE ADJUSTMENT TO CONSTRUCT THREE UNITS ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 9,1998 3 784 PARK STREET KNECHT DEVELOPMENT This action was called up for a public hearing. PLANNING ACTION 98-047 REQUEST FOR A SITE REVIEW TO CONSTRUCT A SINGLE STORY MEDICAL SERVICE BUILDING (1,770 SQ. FT.) LOCATED ON NORTH MAIN STREET BETWEEN THE MOUNTAIN VIEW RETIREMENT CENTER AT 548 NORTH MAIN AND THE ASHLAND INTERNAL MEDICINE OFFICE AT 628 NORTH MAIN. APPLICANT: ASHLAND COMMUNITY HOSPITAL FOUNDATION This action was approved. Howe suggested a couple of footpaths connecting the properties. PLANNING ACTION 98-049 REQUEST FOR A CONDITIONAL USE PERMIT FOR TRAVELER'S ACCOMMODATION 298 HARGADINE. APPLICANT: MARK A.AND MADALENA M. DIRIENZO This action was approved. ADJOURNMENT The meeting was adjourned at 3:00 p.m. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 9,1998 4 Monthly Building Activity Report: 04/98 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: 12 UNIT APARTMENTS 12 530,864 ACCESSORY RES UNIT 1 30,261 ADDENDUM/PERMIT 9803048 1 1,500 ADDENDUM/PERMIT 9804013 1 0 ADDITION 4 89, 567 CONV BASMNT TO ACC RES UN 1 20, 000 DEMOLITION OF GARAGE 1 0 DEMOLITION OF SFR 1 0 DETACHED GARAGE 1 23,429 DRY ROT REPAIR 1 6,000 FENCE 5 3,400 GARAGE/GUEST HOUSE 1 55, 000 INT. SPRINKLER SYS. 1 3, 900 INTERIOR REMODEL/DECK 1 20, 000 PORCH/LIVING RM ADDITION 1 17, 000 REINSTATE PERMIT 9606014 1 0 REMODEL 3 64, 000 REMODEL & ADDITION 3 140, 000 REPAIR FIRE DAMAGE 1 20, 736 REROOF 1 5,320 SFR 8 1,227,191 SLAB/RETAINING WALL 1 2, 500 Subtotal: $ 2,260,669 Electrical: 2 BR CIR FOR REMODEL 1 300 METER FOR SPRINKLER SYST 1 1,100 NEW METER BASE 1 275 ONE BRANCH CIR/HOT TUB 1 150 SERVICE CHANGE 1 700 SERVICE CHANGE + 1 BR CIR 1 800 SUBFEEDER + 2 BR CIRS 1 500 Subtotal: $ 3,825 Mechanical: FIREPLACE INSERT 1 300 GAS FURN/FIREPLACE/RANGE 1 3,000 GAS FURN/WTR HTR/2 BR CIR 1 7, 729 Monthly Building Activity Report: 04/98 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: GAS LINE/FIREPLACE INSERT 2 4, 000 GAS LINE/FURNACE/AC 1 4,331 GAS LINE/GAS FURNACE 1 2,200 GAS LINE/GAS WALL FURNACE 1 800 GFAU VENT 1 2,600 HEAT PUMP 2 6,470 Subtotal : $ 31,430 Plumbing: BACKFLOW DEVICE 21 9,600 REPLACE SEWER LINE 1 400 REPLACE WATER HEATER 1 200 SEWER LINE 1 600 SUMP PUMP 1 200 Subtotal : $ 11,000 ***Total : $ 2,306, 924 COMMERCIAL: Building: AUTO TELLER MACHINE 1 10, 000 DEMOLITION OF METAL BLDG 1 0 FIRE SPRINKLER SYSTEM 1 16,240 GYMNASTICS PIT 1 3, 500 INTERIOR BATHROOM ADD 1 3, 000 REMODEL 1 8, 000 REMODEL/CONV TO OFFICES 1 180, 000 TENANT IMPROV/PAPA MURPHY 1 20, 000 TENANT IMPROVE/VIDEO LAND 1 51, 820 TENANT IMPROVEMENT 1 32, 000 Subtotal: $ 324, 560 Electrical: 4 BR CIR FOR INT REMODEL 1 0 ADD 4 BRANCH CIRCUITS 1 1, 000 ALARM SYSTEM 2 3,283 REWIRE COMMERCIAL SPACE 1 0 Monthly Building Activity Report: 04/98 Page 3 # Units Value COMMERCIAL: Electrical : SECURITY SYSTEM 1 2, 556 Subtotal: $ 6,839 Plumbing: 2 FLOOR + 1 HAND SINK 1 1,500 BACKFLOW DEV IN LAUND RM 1 150 BACKFLOW DEVICE 1 250 BACKFLOW DEVICE/HOSE BIBB 1 300 WATER LINE 1 150 Subtotal: $ 2,350 ***Total : $ 333, 749 Total this month: 104 $ 2,640,673 Total this month last year: 105 $ 5, 911,638 Total year to date: 922 $38,427,765 Total last year: 932 $30, 029,476 This month This month This year last year Total Fees: 30, 799 49, 366 363, 935 Total Inspections: 731 755 6957 NEW CONSTRUCTION: 4/98 RESIDENTIAL PAGE NO. 1 06/30/98 ADDRESS #UNITS CONTRACTOR VALUATION ** 12 UNIT APARTMENTS 1971 SISKIYOU BV 12 LOVELACE, WILLIAM 530864.00 -GENERAL CONTRACTOR ** Subtotal ** 530864.00 ** ACCESSORY RES UNIT 128 SIXTH ST OWNER 30261.00 ** Subtotal ** 30261.00 ** DETACHED GARAGE 1222 OLD WILLOW LANE ALLEN CONSTRUCTION 23429.00 ** Subtotal ** 23429.00 ** GARAGE/GUEST HOUSE 720 FOREST ST DOWNEY COMPANY INC THE 55000.00 ** Subtotal ** 55000.00 ** SFR 760 CREEK STONE WY MEDINGER CONST. CO. INC. 120000.00 337 STARFLOWER LANE ASHER, STEVEN DBA ASHER 192000.00 HOMES 1222 OLD WILLOW LANE ALLEN CONSTRUCTION 148977.00 298 LUNA VISTA ST TURRELL, JON CONSTRUCTION 142678.00 690 SPRING CREEK DR GENTRY, HAROLD T. 135938.00 1459 WINDSOR ST MORGAN PACIFIC L.L.C. 148337.00 538 GRANITE ST M. ROCK 213975. 90 2685 TAKELMA WY MUNSON CONSTRUCTION 125286.00 ** Subtotal ** 1227191.90 *** Total *** 1866745.90 NEW CONSTRUCTION: 4/98 COMMERCIAL PAGE NO. 1 06/30/98 ADDRESS #UNITS CONTRACTOR VALUATION ** Subtotal ** v 0.00 *** Total *** 0. 00 Monthly Building Activity Report: 05/98 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDENDUM TO 9712072 1 0 ADDITION 2 55,500 CARPORT 1 2,649 DECK 2 4,000 DEMOLITION OF SFR 1 0 FENCE 2 1, 350 GARAGE 2 13, 011 PORCH ROOF 1 2, 500 REMODEL 1 3, 000 REMODEL & ADDITION 3 90,646 REPLACE DECK 1 3, 000 REROOF 1 4,380 ROOF SHEATHING/REROOF 1 6,400 SFR 8 1, 041, 093 SFR - ATTACHED 1 133, 000 Subtotal: $ 1,360, 529 Electrical: 1 BRANCH CIRCUIT 1 200 2 BRANCH CIRCUITS 1 1,600 NEW SERVICE/SUB FEEDER 1 2,100 REPAIR SERVICE MAST 1 400 SERVICE CHANGE 1 850 TEMPORARY POWER 3 411 Subtotal: $ 5, 561 Mechanical: AIR CONDITIONER 1 1, 000 GAS FIREPLACE INSERT 1 2, 000 GAS FURNACE/AIR CONDITION 1 3, 000 GAS LINE/FURN/AC/2 BR CIR 1 4, 000 GAS LINE/WTR HTR/3 APPLIA 1 1, 000 GAS WALL HEATER 1 1,200 RADIANT FLOOR HEATING 1 7, 000 WOODSTOVE INSTALLED 1 3,295 Subtotal : $ 22,495 Plumbing: 1 200 Monthly Building Activity Report: 05/98 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Plumbing: ADD SINK 1 800 BACKFLOW DEVICE 3 953 BAR SINK TO 9802046 1 200 DRAIN LINE FOR FIRE SPRIN 1 500 HOSE BIBB 1 175 REPIPE 1 3,510 REPLACE PIPING 2 6,400 REPLACE WATER HEATER 1 400 WATER LINE 1 50 Subtotal: $ 13,188 ***Total : $ 1,401, 773 COMMERCIAL: Building: COVERT STORAGE TO OFFICE 1 1, 000 EXTEND AWNING 1 3, 500 FIRE SPRINKLER SYSTEM 1 57,200 GENERATOR FOR FIRE DEPT 1 2, 500 Subtotal: $ 64,200 Electrical: 1 BRANCH CIRCUIT 1 300 10 BRANCH CIRCUITS 1 8, 000 6 BRANCH CIRCUITS 1 400 ADD 3 BRANCH CIRCUITS 1 300 ALARM SYSTEM 4 5,481 Subtotal: $ 14,481 Mechanical: GAS LINE/2 GAS FURNACES 1 1,500 GAS LINE/FURNACE/AC 1 3,650 Subtotal: $ 5,150 Plumbing: WTR HTR/DISHWASHER/2 BR C 1 500 Monthly Building Activity Report: 05/98 Page 3 # Units Value COMMERCIAL: Plumbing: Subtotal: $ 500 ***Total: $ 84,331 Total this month: 72 $ 1,486, 104 Total this month last year: 96 $ 1, 504, 565 Total year to date: 994 $39, 913,869 Total last year: 1028 $31, 534, 041 This month This month This year last year Total Fees: 17,460 19,805 381,395 Total Inspections: 593 656 7549 NEW CONSTRUCTION: 5/98 RESIDENTIAL PAGE NO. 1 06/30/98 ADDRESS #UNITS CONTRACTOR VALUATION ** CARPORT 135 COOLIDGE ST OWNER 2649.00 ** Subtotal ** 2649.00 ** GARAGE 137 NOB HILL ST OWNER 5011.00 355 HIGH ST HANNA, MIKE 8000.00 ** Subtotal ** 13011.00 ** SFR 763 ST ANDREWS CIRCLE TONEY, JERRY CONST. INC. 98261.00 769 ST ANDREWS CIRCLE TONEY, JERRY CONST. INC. 101623 .00 165 ORANGE AV THIRKILL, LAURSEN 99850.00 1271 ROSE LN BEAR CREEK CONSTRUCTION 75208 .00 121 WESTWOOD ST TONEY, JERRY CONST. INC. 194179.00 230 HERSEY ST W BERGREN, JOHN 114152 .00 293 WIMER ST TURRELL, JON CONSTRUCTION 202700.00 863 WRIGHTS CREEK DR LAVALLEE CONSTRUCTION 155120.00 ** Subtotal ** 1041093 .00 ** SFR - ATTACHED 860 MOUNTAIN MEADOWS DR MEDINGER CONST. CO. INC. 133000.00 ** Subtotal ** 133000.00 *** Total *** 1189753.00 NEW CONSTRUCTION: 5/98 COMMERCIAL PAGE NO. 1 06/30/98 ADDRESS #UNITS CONTRACTOR VALUATION ** Subtotal ** 0.00 *** Total *** 0.00 Monthly Building Activity Report: 06/98 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDENDUM TO 9802024 1 0 ADDENDUM/PERMIT 9805009 1 0 ADDENDUM/PERMIT 9805062 1 0 ADDENDUM/PERMIT 9806038 1 0 ADDITION 3 75, 879 BAY WINDOW/GAS FIREPLACE 1 4, 500 DECK 1 5,000 DEMOLITION OF GARAGE 1 0 FENCE - 3 6,750 INT. SPRINKLER SYS. 1 890 INTERIOR REMODEL 1 10, 869 POOL HOUSE 1 12,000 PORCH ADDITION 1 5, 000 REMODEL & ADDITION 4 338,609 REPLACE OVERHANG & DECK 1 3, 500 REROOF 2 9,019 SFR 7 1,378, 118 SPECIAL INSPECTION/C OF 0 1 0 TOWNHOUSE 18 1, 876, 303 WINDOW 1 795 Subtotal: $ 3, 727,233 Electrical: ALARM SYSTEM 2 3,248 ONE BRANCH CIRCUITS 1 200 REFUND ELECTRIC PERMIT 1 0 REPAIR SERVICE 1 400 SECURITY SYSTEM 1 2,396 SERVICE 2 700 SERVICE CHANGE/1 BR CIR 1 650 SERVICE FOR IRRIGATION 1 200 TEMPORARY POWER 1 50 Subtotal: $ 7,844 Mechanical : AIR COND/1 BR CIR 1 2,600 FIREPLACE INSERT 1 1,600 FIREPLACE INSTALLATION 1 1,200 Monthly Building Activity Report: 06198 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical : FIREPLACE/DRYER/BBQ 1 500 GAS FURNACE 1 2,280 GAS FURNACE/AC 1 3,845 GAS LINE 1 200 GAS LINE/FURN/AC/1 BR CIR 1 5, 000 GAS LINE/FURN/AC/2 BR CIR 2 8, 319 GAS LINE/FURNACE 1 3,427 GAS LINE/GAS FURNACE 2 4, 155 GAS LINE/GAS RANGE 1 650 MOVE GAS METER 1 200 WALL FURN/WTR HTR VENTING 1 0 Subtotal: $ 33, 976 Plumbing: ADD 2 HOSE BIBBS 1 100 BACKFLOW DEVICE 6 1, 000 CHANGEOUT TUB VALVE/DRAIN 1 300 REPLACE SEWER LINE 1 2,200 SEWER LINE 2 1, 500 WATER SERVICE/REPIPE 1 2, 000 Subtotal: $ 7, 100 ***Total: $ 3,776,153 COMMERCIAL: Building: DEMOLITON OF BODY SHOP 1 0 INT. SPRINKLER SYS. 1 42, 000 REMODEL CONCESSION AREA 1 35, 000 REMOVE FEES FOR GENERATOR 1 0 REROOF 1 8, 990 Subtotal: $ 85, 990 Electrical: 1 BRANCH CIRCUIT 1 500 6 BRANCH CIRCUIT/LIGHTING 1 3,000 ALARM SYSTEM 1 937 Monthly Building Activity Report: 06/98 Page 3 # Units Value COMMERCIAL: Electrical: ONE BRANCH CIRCUIT 1 350 RELOCATE ELECT PANELS 1 15,000 Subtotal: $ 19, 787 Mechanical: 2 GAS FURNACES 1 1, 000 GAS FURNACE/AC 1 4, 545 GAS LINE/GAS PACS (3) 1 12, 500 WATER HEATER 1 450 Subtotal: $ 18,495 Plumbing: PLUMBING REMODEL 1 0 Subtotal: $ 0 ***Total: $ 124,272 Total this month: 105 $ 3,900,425 Total this month last year: 118 $ 2,610, 032 Total year to date: 1099 $43, 814,295 Total last year: 1146 $34, 144,074 This month This month This year last year Total Fees: 41, 088 31, 059 422,484 Total Inspections: 642 796 8217 NEW CONSTRUCTION: 6/98 RESIDENTIAL PAGE NO. 1 07/08/98 ADDRESS #UNITS CONTRACTOR VALUATION ** POOL HOUSE 209 ALMOND ST SNURE, STEVEN T. 12000.00 CONTRACTOR ** Subtotal ** 12000.00 ** SFR 1338 SEENA LANE DOWNEY COMPANY INC THE 150000.00 2525 EAGLE CREEK LANE BEAR CREEK CONSTRUCTION 81488.00 735 MOUNTAIN AV S REICHENSHAMMER, C.A. - 700000.00 BUILDER 465 THIMBLEBERRY LANE ASHER, STEVEN DBA ASHER 125181.00 HOMES 270 NINTH STREET ALLEY OWNER 79880.00 149 WIGHTMAN ST N RARITY, MICHAEL 92925.46 344 STARFLOWER LANE ASHER, STEVEN DBA ASHER 148644.00 HOMES ** Subtotal ** 1378118.46 ** TOWNHOUSE 2380 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2388 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2332 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2340 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2364 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2367 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2372 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2375 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.00 175 BROOKS LANE MORGAN PACIFIC L.L.C. 106369.00 185 BROOKS LANE MORGAN PACIFIC L.L.C. 106369.00 2351 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 109630.00 2359 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 61468.00 2308 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2335 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2343 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2316 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 109630.00 2324 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 2300 ABBOTT AVENUE MORGAN PACIFIC L.L.C. 106372.11 ** Subtotal ** 1876303.32 *** Total *** 3266421.78 NEW CONSTRUCTION: 6/98 COMMERCIAL PAGE NO. 1 07/08/98 ADDRESS #UNITS CONTRACTOR VALUATION ** ** Subtotal ** 0.00 *** Total *** 0.00 COUNCIL COMMUNICATION JULY 219 1998 Submitted by: Paula Brown Approved by: Paul Nolte 111VVV__��_/// Approved by: Mike Freemanft*�— Title: Competitive bid exception for Fuel Tank Replacement Project. Synopsis: This is a request to exempt the installation and construction of fuel storage tanks at the Ashland Municipal Airport and at the Ashland Service Center from competition bidding requirements. Recommendation: Staff recommends Council approve the attached resolution and that the construction and installation phase of the fuel tank compliance plan be exempted from competitive bidding and that the existing contract with Bergeson-Boese & Associates Inc. be modified and expanded to include these services. Staff has completed the required fourteen day legal notice of intent to exempt the competitive bidding process (ORS 279.015(3)(b)) and received no responses. Background Information: Several months ago the City selected a consultant to prepare a compliance plan for the upgrading of the City's fuel storage tanks at the airport and the service center. The selection of Bergeson- Boese and Associates was accomplished through a formal request for proposal process. Their original scope of work was to provide an evaluation of the existing fuel tanks. Their work includes subsurface investigation, environmental clean-up recommendation and compile information needed by the City to finalize compliance efforts. -_ It was originally planned to bid the second phase of the project which includes new tank installation and any site remediation requirements. This method was proposed because both the consultant and the contractor must be fully DEQ certified and there are very few that are fully . certified in all forms of tank construction from project oversight capabilities, to permit preparation, to soil contamination profiling, to actual tank construction and installation. Most firms are certified in only two or three of the required disciplines. As such, the City wrote the original RFP for just the compliance planning portion of the project. Bergeson-Boese and Associates was chosen and is fully certified in all aspects of tank replacement. G:DawnTuel Tank Installation Contractor Council Comm.wpd b Proposal: Amend Bergeson-Boese and Associates contract to provide design and implementation/ construction services for fuel tanks at the City's Municipal Airport and Service Center facilities. It is estimated that the costs of this service is $130,000-150,000 at the Service Center and $160,000 4170,000 at the airport. The following consideration are applicable as justification for the exemption: 1. Bergeson-Boese has completed the compliance plan for the City's fuel storage tanks to meet DEQ compliance actions. 2. The City must comply with DEQ requirements by December 22, 1998. 3. To complete a separate design, then construction/implementation specifications and go through a competitive bidding process would incur an additional 2-3 months, putting the City in jeopardy of not completing the recommendations and implementation within the required time frame. 4. The cost to get proposals for final design, complete design and specifications, bid the construction/implementation portion would be greater than amending the current Bergeson- Boese contract. 5. The City is proposing to directly purchase the tanks according to the chosen compliance option. This will ensure early purchase and delivery, save costs and not require special conditions in a construction contract. 6. The City is proposing to "partner" with Bergeson-Boese in some of the excavation and material movement for the implementation process. Again, this could save overhead costs up to $28,000, time and will allow flexibility with the construction project portion. 7. Bergeson-Boese is fully apprised of the project and is in possession of requisite licenses to complete the work. It is felt that the interests of the City would be best served by maintaining the current consultant to also act as general contractor for the tank installations. G:Dawn\Fuei Tank Installation Contractor Council Comm.wpd RESOLUTION NO. 98- BEFORE THE CITY OF ASHLAND LOCAL CONTRACT REVIEW BOARD RESOLUTION EXEMPTING FROM COMPETITIVE BIDDING THE INSTALLATION AND LCRB RESOLUTION CONSTRUCTION OF FUEL TANKS AT THE AIRPORT AND SERVICE CENTER Recitals: A. AMC § 2.50.030.B permits the Ashland City Council sitting as the Local Contract Review Board to exempt contracts from competitive bidding if it finds (1) the lack of bids will not result in favoritism or substantially diminish competition in awarding the contract; and (2) the exemption will result in substantial cost savings. B. This code provision provides that in making such findings, the board may consider the type, cost, amount of the contract, number of persons available to bid, and such other factors as the board may deem appropriate. Where appropriate, the board shall direct the use of alternate contracting and purchasing practices that take account of market realities and modern or innovative contracting and purchasing methods, which are also consistent with the public policy of encouraging competition. C. In order to exempt a public contract from competitive bidding, the board shall adopt written findings that support the awarding of a particular public contract or a class of public contracts without competitive bidding. The findings must show that the exemption of a contract or class of contracts complies with the requirements of AMC § 2.50.030.B. The board adopts the information contained in the council communication dated July 21, 1998 from Paula Brown as findings justifying the exemption. The board finds that this exemption will not result in favoritism or substantially diminish competition in awarding the contract and the exemption will result in substantial cost savings. The board resolves that an exemption be granted as follows: PAGE 1-LCBR EXEMPTION (p:omucrbp,.6-z) Installation and Construction of Fuel Tanks at the Airport and Service Center. The construction and installation phase of the fuel tank compliance plan for the airport and service center are exempted from competitive bidding and the modification of existing contract with Bergeson-Boese & Associates Inc. to include these services is approved. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1998. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of , 1998. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-LCBR EXEMPTION (a:ordvCma...s-2) City Council Communication July 21, 1998 Submitted by: Paula Brown Approved by: Grea Scoles G Approved by: Mike Freem Title: Bid Results for the Wastewater Treatment Plant On-Site Facilities Upgrades (Project A) Synopsis: Four bids were received at the July 15'bid opening for the Wastewater Treatment Plant on-site facilities upgrades. They are summarized below: Slayden Construction Inc., PO Box 625, Stayton, Oregon $12,374,000 Wildish Building Co., PO Box 7428, Eugene, Oregon $12,900,000 McClure and Sons, 16300 Mill Creek Blvd., G4, Mill Creek, WA $13,315,772 James W. Fowler Co., 12775 Westview Drive, Dallas, Oregon $14,128,098 Each firm has completed the required contractors pre-qualification process and been approved as required by our contract specifications and ORS 279.039. The Engineer"s Estimate for this portion of the project was $13,470,000. Recommendation: It is recommended that the Council direct staff to complete review of the bids received and authorize the City Administrator to negotiate and sign a contract with the lowest responsible bidder. Background Information: Additional evaluation materials are provided in the attached memo from Carollo Engineers . Route <E caro��o Memorandum To: Paula Brown From: Greg Humm Date: July 17, 1998 Subject: Evaluation of Bids for WWTP Improvement Project We have completed an evaluation of the bids received on July 15, 1998 for construction of the subject project. The original bid documents are attached to this memorandum for your files. Bids were submitted by four contractors, all of whom were prequalified and were in attendance at the mandatory pre-bid conference. The bids are summarized in the attached spreadsheet. Bids were evaluated based upon criteria outlined in ORS 279, titled Public Contracts and Purchasing, and Document 00200 of the Contract Documents, titled Instructions to Bidders. The Successful Bidder is defined in Article 2 of Document 00200 as the lowest responsible Bidder submitting a responsive Bid to the Owner. The apparent Successful Bidder, Slayden Construction, Inc. was deemed to be a "responsible" bidder through the prequalification process and reference checks. Slayden's bid is considered responsive as it complies in all material respects with the terms of the Bid Documents. One minor note, Slayden did not comply with the requirement to submit the entire, bound volume of Bid Documents as required by Article 13 of Document 00200. This is a waivable minor informality from the,_ instructions, not materially significant to the bid price or contract time. Article 19 of Document 00200 allows the Owner to waive all informalities not involving price, time, or changes in the Work. CAWINDOW MMP D EVA .WPD iz E §}/[ §k( § kk § G � d § !Q 0 § § k _ CIF . k� 0 - /)a 0 13 IL ) � X O ! z $f ° { m \ z ) e , - > § § � ■ | } ! > f 2 ; /§ § k Co ( \ k 0 \ § # ■ \ 0 I )k \ k\3 & j m } 2Aa N N J J J J J J J J N �SS m n IJ O m A W m W V W N A W N O J SkN 2 n ?f 0 T O 11 11 Om o.. f=° o m o o C 0 A m O co m$ v o -00 o � a� o m o o c ty n n O v !n y o 3 m T fmo d O m m C m �. Q. 1i ° ° 0 m 0 v 3 �� 3 m y o v ac 3 9 m s!! 0 a N o v CD 3 m r 9 n O a m o w O o m n m V r m 7 m o `.? m 3 O O !n ro m c ^ m ° mo, m ��` II n ro m c 0 m vo O m G. n 'n ° 0 0 C c T. tN m m 0. CO an a t N E a. O. : N m m co co O 3�d> ♦I O O O v O cry X x A i A M X W v v v 0 m m m v ?c°� cn Cal 0) CO 0 O v v Ok X A A 0 ♦rr � OW O N N N N d r (D EL 0 V � �m ;a 0 3 " . C IM 0 m ° D � N A m m y o m cn u m m m m r 0 - 2 - - - - - 0 - -n - - - M ■ Eos ® � = wm ■ m3 � � s 9I > Imm � � mo � � co � � ■ � E k\ k § kk (Da BEa $ E 2k � § ƒ k � E � \ \ kk § ak (D I m , � , - 3 . , , 0 22 -n E; 2 � E =r c) � M0 / oK 0a j � tr < 0 % � � J � ƒ J / � � � � � O � O ( � to :W) �_ § § � � [a ƒ222EtJ7 = 03CL J � JEJk 3 $ i CL r, �5-0 02 � # , • 2 � � � • � os ; ■ ' � 0 0 srq 5 2 � 0 & 0 ] f , � E � � ■ a - fa ' ; @ = ; 5« ; ( k£ s ( / ` = o ) � ? E � & �CQ cn ■ m Q� E® g 5�2 / E -,) g &2 « \ r } ƒ } Q 0 \ ; • « o g C'f £ c �� K } k \ [\ B (D ; 2 EEC 0 0 k� CL . 2 _ v i o— : W. $ £ 2 ■ § a 0 $ / § a q § � Fr to k § k 0 to § M\ £ 0 $ B § 2 0 § _ 0 0 :r . 2 $ Q. CL ■ § 0 C O S D N N Q N 7 = in 01 z 7 7 o a M 8 0 0 H 3 ' o m m ° Oy 3 xpr go o .O+ n N O o' mm. G°� n m D � � v < ° 7 N 0) ° C. fD N (3 0) N OS 7 ^ N N i. C 7 w O, m C .' C C '. Q1 _o N O1 C � v 00 0 0 r 0 0 n m 0) CL f City Council Communication July 21 , 1998 City of Ashland Submitted by: lohn McLauahlln 9 Reviewed by: Paul Nolte Approved by: Mike Freeman � Title: Consideration of formation of a Local Improvement District for Waterline Road, from Morton Street to the property identified as 30-1 E-16AC tax lot 300 (Alston Property). Synopsis: The Alston property, located along the southern boundary of Ashland, at the southern end of Waterline Road, is a large undeveloped parcel of sloping hillside lands. Access for development is planned to be provided from Waterline Road (off of Morton) with an ultimate connection to Ivy Lane. Waterline Road, in this section, is unpaved. The dedication of Waterline Road was required as a condition of approval of the Park Estates subdivision, as well as an agreement to its future improvement to be paid by the owners of lots within Park Estates subdivision. Two homes presently obtain access off of this unimproved right-of-way. As stated in the Alston's letter, they have been informed that prior to the creation of new lots on their property, the access from Waterline Road must meet minimum city standards, requiring paving. It is their opinion that since the City deferred the improvement of Waterline Road as part of the Park Estates approval, yet established conditions for its ultimate improvement, it is the City's responsibility to see that the access is paved so that they can reasonably sell their property. Due to the uncertainty associated with the formation of Entrance to waterline Road from Morton St. local improvement districts recently, the Planning Department has advised the Alston's and potential buyers of possible delays. Without the certainty of the paved access, it is the Alston's opinion that they have lost several sales. While there have been development proposals reviewed at the pre-application level, no formal applications have been filed with the Planning Department that would necessitate the improvement of Waterline Road. It is clear that the original intent of the Park Estates approval was to have the owners of lots within the subdivision be responsible for the ultimate improvement of Waterline Road when development of the Alston property necessitated the upgrade. However, without the improvement in place, the development of the Alston property has apparently been impeded. While the Alston's have not specifically filed a request for the formation of a local improvement district to have this section of street improved, it appears that such an action would address their concerns. Preliminary estimates for the street improvement have been prepared by Public Works (22' wide street, no sidewalks, retaining walls necessary) with a cost of$117,741. 1. ° Recommendation: /1 _fa11-ITh°I - Direct resolution of the Alston's ° concerns would be for the Council to ° the Staff to commence with the J ' direct _ formation of a local improvement district _ for this street, utilizing the previous - agreement and involving the properties outlined on the agreement. - Background Information: See attached letter and information from the Alstons. 3 q j - Alston Property _ ° A d To Mayor Shaw, and the Ashland City COAL-it kCity of Ashland -- Ashland, OR 97520 RE: Property Located on Tax Lot 300 ,39 lE 16 AC approximately 17.67 acres on the end of Liberty Street. Adjacent to Park Estates on the West, the TID Ditch on the North, a fence line near Beach St., and Ivy Lane Subdivision on the East and near the loop road on the South. Dear Mayor Shaw and Council Members, We are writing this letter to ask for your help in resolving our problem with the above listed property. We bought this property in 1975, with another family (who subsequently sold us their portion in 1978). We made payments on the property until 1988 with the idea that we would sell it at our retirement so that we would have some money to invest for our living expenses after retirement. In 1990 we were approached by the first buyer to purchase the property at a price of$500,000. The buyer spent almost 2 years making a decision not to buy the property, because the feasibility and requirements to put a road clear from Morton Street to the Ivy Lane Subdivision would have required that there be enough houses to warrant the huge expense of that road. When the projection was made for that road, there was the zoning that this property, as with Park Estates could be divided into 1/2 acre building lots. We were not aware that at the time that the buyer had been told that he would be responsible for the road and improvements from Morton Street. When he mentioned it as part of the reason (the total road) we assured him that Park Estates would be responsible for the road to our West property line. He did not receive the same information from the Planning Department. We feel that the city has not dealt in a fair and appropriate manner with us. We did not insist on the road being completed at the time of the permit to Park Estates Subdivision. The planning office requested that we not force it; as they did not know when our property would be developed, and the city would have to maintain the road unnecessarily for some time. We expressed concern at the time and so did Don Greene and Lance Pugh, and Carlyle Stout, we were all assured by the planning office, specifically John Fregonese, that it would not be a problem in the future, as it was listed in every Park Estates deed that they would be responsible for the road improvement. This would be considered 100% compliance and all the property owners would be responsible for such improvements, and the City Council could then assess the owners in Park Estates. We then "sold" it again in 1996 at a reduced rate of$350,000 to a second buyer and he also upon investigation decided that the road would be too costly to build, because we had told him that the planning would not , now allow even 12 houses to be built on the property. He then decided that perhaps they would allow 4 houses and not require the completed road from Morton to Ivy Lane, but planning stated that in order to not complete the road there could be no more than 3 houses. However, they did continue to advise this potential buyer that he would be responsible for the road from Morton to our property line as well as in our property. Because of this information he still felt the road would be to costly and withdrew from the sale. We then listed it with a Realtor this spring 1998 and had a third buyer for $355,000 (which with the Realtor's fee is considerably less than the $350,000 that the second buyer would have paid). This buyer only wanted to put in three lots and felt that the entire road, full width, would not have to be done. The buyer and the Realtors went to the planning office and were again told that the buyer would be responsible for the entire street from Morton to the property line on the West as well as the road into the property for the minor land partition. The Realtors contacted us and we again told them that Park Estates were responsible, at the time of development of our property. We then contacted Bill Molnar in planning and asked him to look in old minutes of the planning commission meeting regarding the development of Park Estates. Mary Ann Alston was sure this had been dealt with; because she had been on the planning commission at the time and had to step down on the approval etc. of this planning action. Mr. Molnar left a message on our answering machine stating that he had indeed found that Park Estates would be responsible for that portion of the road, and that he would talk to Mr. Nolte about how to implement the requirement. After talking with Mr. Nolte, Mr. Molnar advised us that there is no way for the city to build the road and assess the owners in Park Estates, and that an LID would have to be formed to allow the owners in Park Estates to agree or to object. Mary Ann then talked directly to Mr. Nolte and he reiterated the same information he had given to Mr. Molnar. The Buyer then asked us to accept $300,000 (which is under the assessed value) for the possibility of.building one house, if the road would not have to be changed. We said we wanted to see if something could be done to avoid a $55,000 loss. We contacted Councilman Laws and he met with us to see the property and our documentation which we felt justified in our claim, that the city should be responsible for the building of the road from Morton St. to our property line. Mr. Laws talked with John McLaughin and Paul Nolte to see if there were any remedies. We then talked with John McLaughlin and Paul Nolte about a possible solution and were agreeable with their idea. However, we had misunderstood the buyers offer of$300,000 for a single lot when three lots were the objective. When this was expressed to John McLaughlin and Paul Nolte they advised the buyer that it might take 2 years to get it though planning and the city council before the possibility of the partition might be completed. The buyer could not tie up the money for that long without being able to complete the partition and sell the other two lots. The buyer wanted to build a home on one of the three lots and sell the other two, to recoup some of the expense; and was discouraged and has withdrawn from the purchase. Each of the three examples above made earnest money agreements and others have backed out prior to putting down money after encountering similar problems with the road question. We feel the City Council has not only a legal obligation but a moral obligation to stand by it's own requests to it's citizenry. We do not feel we should continue to reduce our price and continue to lose more sales opportunities. The delays we have experienced so far, due to the misinformation from the Planning Office, have caused the loss of thousands of dollars each year as the property has remained unsold. When the city requests something of it's citizenry we shouldn't feel the need to seek legal counsel to avoid being "burned" by agreeing to a request? Thank you for your consideration, we are looking forward to a solution to our mounting problem and to seek a way for the city to honor it's obligation. Sinc 'el , Robert & Mary Ann Als n 831 Liberty P0 Box 1312 _ Ashland, OR 97520 482-4277 City Council Communication July 21, 1998 Submitted by Scol Approved by. Paul Nolte Q Approved by. MikeL Title: Second reading by title only of "An Ordinance Approving the Transfer of the Cable Communication Franchise from TCI Cablevision of Oregon, Inc. to Falcon Cable Systems Company II,L.P." Synopsis: This ordinance approves the transfer of the Cable Communication Franchise to Falcon Cable Systems Company 11, L.P. a limited partnership. Recommendation: Approval of this ordinance is recommended. Background Information: This is the second reading of the proposed ordinance. First reading occurred at the last Council meeting. City Council Communication July 21 , 1998 Submitted by: i/1 aul Nolte Approved by:�aulike Freeman Title: Second Reading: "An Ordinance Repealing Merchant Police Regulations, Chapter 6.12 of the Ashland Municipal Code, in Order to Comply with State Law.° Synopsis: This ordinance repeals the entire code chapter relating to licensing and regulating merchant police in the city. The repeal is necessitated by the state's preemption of this subject matter. Recommendation: Adopt ordinance at this second reading. Background Information: In 1995 the legislature adopted extensive licensing regulations for private security officers (ORS 181.870-.899). Section 1 of that bill (1995 c. 510) provides that these provisions "preempt any laws of the political subdivisions of this state relating to the regulation of private security officers . . . ." The definition of private security officers under this new statute encompasses what the city code defines as merchant police. The merchant police chapter should be repealed in order to comply with the state's preemption of this field. o VAUL%0�Oise=uwu nwnz.aod City Council Communication July 21, 1998 Submitted by: John McLaughlinr� Approved by: Paul Nolte Approved by: Mike Freeman Title: First reading, by title only, of an ordinance adopting new Downtown Design Standards, amending the Land Use Ordinance, and adopting a Downtown Design Standards Zone. Synopsis: The Council held a public hearing at the July 7, 1998 meeting where a motion was passed unanimously for staff to bring back the implementing ordinance for the Downtown Design Standards. The attached ordinance adopts the design standards as part of the Site Design and Use Standards; adopts a zoning overlay for the downtown for application of the standards; amends the Land Use Ordinance to require the standards for new development in the downtown; and amends the land use ordinance to remove landscaping requirements in the C-!-D zone, with the exception of parking lots and service stations. Recommendation: Staff recommends approval of the ordinance and forward to second reading. Background Information: As stated in previous communications,the adoption of specific design standards for the City's Downtown Area has been part of the City's long term planning strategy. The City's Comprehensive Plan and Downtown Plan both address the need for development standards. The final product of a year long process is attached. It represents the efforts of the committee, which included representatives of downtown businesses, Historic Commission, building community, and others who worked towards creating a more precise target for future development in the downtown. These standards embody the vision of the future of the area, an build on the existing successes in the Downtown Area. The adoption of these new standards will result in the replacement of the limited standards presently in place; adoption of a new downtown design standards overlay zone (indicated on the attached map) and elimination of landscaping requirements in this overlay zone. ORDINANCE NO. AN ORDINANCE ADOPTING NEW DOWNTOWN DESIGN STANDARDS, AMENDING THE LAND USE ORDINANCE, AND ADOPTING A DOWNTOWN DESIGN STANDARDS ZONE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section VI of the Site Design and Use Standards, adopted as part of Chapter 18.72 of the land use ordinance, are amended, replacing the section titled "Approval Criteria for Downtown Area Development' with the "Downtown Design Standards" as shown on attached Exhibit "A". The Downtown Design Standards Zone map is also adopted as part of Section VI of the Site Design and Use Standards, and is attached as exhibit "B". SECTION 2. Section 18.72.055 is added to the land use ordinance as follows: "18.72.055 Downtown Design Standards Zone A. The Downtown Design Standards Zone is that area defined in the Site Design and Use Standards Section VI, adopted pursuant to Section 18.72.080. B. Development in the Downtown Design Standards Zone shall be subject to the Downtown Design Standards." SECTION 3. Section 18.72.110.A of the Land Use Ordinance relating to landscaping standards is amended as follows: 18.72.110 Landscaping Standards A. Area Required. The following areas shall be required to be landscaped in the following zones: R-1 - 45% of total developed lot area R-2 - 35% of total developed lot area R-3 - 25% of total developed lot area C-1 - 15% of total developed lot area C-1-D - 48% None, except parking areas and service stations "shall meefthe landsscnping}andscreening sfanda�ds in Section II:D:of the Site Designjan`d-U"se Standard_§,. E-1 - 15% of total developed lot area M-1 - 10% of total developed lot area" 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 1998, and duly PASSED and ADOPTED this_day of 1998. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of , 1998. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney ORDINANCE NO. AN ORDINANCE ADOPTING NEW DOWNTOWN DESIGN STANDARDS, AMENDING THE LAND USE ORDINANCE, AND ADOPTING A DOWNTOWN DESIGN STANDARDS ZONE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section VI of the Site Design and Use Standards, adopted as part of Chapter 18.72 of the land use ordinance, are amended, replacing the section titled "Approval Criteria for Downtown Area Development" with the "Downtown Design Standards" as shown on attached Exhibit "A". The Downtown Design Standards Zone map is also adopted as part of Section VI of the Site Design and Use Standards, and is attached as exhibit "B". SECTION 2. Section 18.72.055 is added to the land use ordinance as follows: "18.72.055 Downtown Design Standards Zone A. The Downtown Design Standards Zone is that area defined in the Site Design and Use Standards Section VI, adopted pursuant to Section 18.72.080. B. Development in the Downtown Design Standards Zone shall be subject to the Downtown Design Standards." SECTION 3. Section 18.72.110.A of the Land Use Ordinance relating to landscaping - standards is amended as follows: "18.72.110 Landscaping Standards A. Area Required. The following areas shall be required to be landscaped in the following zones: R-1 - 45% of total developed lot area R-2 - 35% of total developed lot area R-3 - 25% of total developed lot area C-1 - 15% of total developed lot area C-1-D - i9% None, e'x`cept parking areas and service stations shall°meet the landscaping andscreening standards? in Section tI:D. of th_e Site`Design and_Use Standards. E-1 - 15% of total developed lot area M-1 - 10% of total developed lot area" 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 , 1998, and duly PASSED and ADOPTED this _day of ' 1998. Barbara Christensen, City Recorder SIGNED and APPROVED this _day of , 1998. Catherine M. Shaw, Mayor R 3t;,f m: FPaauul Nolte, City Attorney EXHIBIT "A" 51TE DE516N AND U5E 5TANDARD5 5EGTION VI Downtown Design Standards The purpose of the Downtown Design 5tandards is to respect the Downtown area's unique heritage and to enhance the appearance and livability of the area as it develops and changes. Based upon common features found in the downtown, the standards provide a foundation for prospective applicants,citizens,and community decision makers to direct change in a positive and tangible way. It is not the intent of the Design 5tandards to freeze time and halt progress or restrict an individual property owner's creativity, but rather to guide new development or redevelopment to be within the context of their historic surroundings. Personal choice should be and can be expressed within the framework of the standards. While many communities across America are attempting to "create" or "re-create" an urban downtown of their own,the Downtown Design 5tandards are an attempt to preserve what Ashland already has; a "main street" historical district with diverse individual buildings that collectively create an organized, coordinated and ageless rhythm of buildings. As a collective group, the downtown can retain its "sense of place," its economic base, its history and its citizens vision. Under the procedures of the City's 5ite Design and Review Process, an applicant wishing to undertakefacade changes must demon stratethe proposal meets all the design standards in order for the decision making body to approve the proposal. As such,the standards should help increase objectivity and reduce subjectivity. The Downtown Design Standards adopts the following standards that shall be used as part of the land use approval process. VI-A) Height 1) Building height shall vary from adjacent buildings, using either "stepped"parapets or slightly dissimilar overall height to maintain the traditional "staggered" street scape appearance. An exception to this standard would be having a building that has a distinctive vertical'division/facade treatment that"visually"separates it from adjacent buildings(Illustration:Recommend 1,5&10, Avoid 3). 2) Multi-story development is encouraged in the downtown (Illustration: Recommend 1, 5, 0& 10). 1 decorative parapet slightly Aissimllar multiple surfau roof 8 details d ad In height Interest residential clear visual' or commercial division of grounc uses above level floor. first floor © and upper floor awnings break At pilasters windowe and doors are change of transparent material At (glass) base ILLUS74TION 1 RECOMMENDED VI-B) Setback 1)Except for arcades,alcoves and other recessed features,buildings shall maintain a zero setback from the sidewalk or property line (Illustration: Recommend 2, 5 & 10). Areas having public utility easements or similar restricting conditions shall be exempt from this standard. 2) Ground level entries are encouraged to be recessed from the public right-of-way to create a "sense of entry"either through design or use of materials (Illustration: Recommend 2, 5, 6& 10, Avoid 3). 3) Recessed or projecting balconies, verandas or other useable space above the ground level on existing and new buildings shall not be incorporated in a street facing elevation(Illustration:Avoid 4& 7). 'surface'detalls on recessed aces door sidewalk provide Interest for/entry to upper flooro _ . pedestrians uro setback at property line Public sidewalk - � street treee - ILLUSTRATION 2. RECOMMENDED 2 _. .... . .._.__ ._ _ too much ---" height change _. from adjacent OF building °I r J Y=! no vertical / break at line C��'���771 _ storefront and - - —_- upper -:. " — .. _. glary does not reflect the traditional symmetry of limited ground openings by floor - - .spacing, .transparency rhythm or (glass) = proportion _ - no base or change of AVOID ILLUSMATION$ VI-C) Width 1) The width of a building shall extend from side lot line to side lot line(Illustration:Recommend 5). An exception to this standard would be an area specifically designed as plaza space, courtyard space, dining space or rear access for public pedestrian walkways. 2) Lots greater than 80'in width shall respect the traditional width of buildings in the downtown area by incorporating a rhythmic division of the facade in the building's design (Illustration: Recommend 5& 10). VI-D) Openings 1) Ground level elevations facing a street shall maintain a consistent proportion of transparency (i.e., windows) compatible with the pattern found in the downtown area (Illustration: Recommend 1, 5, 6, & 10). 2) Scale and proportion of altered oradded building elements, such as thi size and relationship of newwindows,doors,entrances,columns and other building features shall be visuallycompatible with the original architectural character of the building (Illustration: Recommend 5& 0,Avoid 4&9). vertical proportion and lack of rhythm do not reflect the historic structural system of the existing building protecting T-111 siding-undesirable . " balconles exterior finish material are covers existing prohibited me=nine window and architectural details Inappropriate "use'of materials removal of storefront no"sense windows of enW be"is too high before efkr ILWSTRATION 4 3 AVOID clear vertical well defined comice or'car prominent horizontal rhythms and clear visual division at division between street level and upper floore property IIne �-- - ..q windows do not break primarily ( the front vertical • tl plane of the windows " � — b ullding JIS-acid! marquees are OK to cross pilastere leaves mcaanine yrr ill ' ,fp windows exposed li / I II MINI. 1 . \\ ` I pedestrian — 4r sheltare maintain •%r horizontal rhythms rece6sed entrie6 create / ILLUSTRATIONS a"sense of or Inviting entry' RECOMMENDED 3)Upperfloorwindoworientation shall primarily be vertical(height greater than width)(Illustration: Recommend 1, 5& 6,Avoid 5). 4)Except for transom windows,windows shall not break the front plane of the building(Illustration: Recommend 5). 5) Ground level entry doors shall be primarily transparent(Illustration: Recommend 10,Avoid 4). 6)Windows and otherfeatures of interest to pedestrians such as decorative columns ordecorative corbeling shall be provided adjacent to the sidewalk (lllustration: Recommend 1 &5,- Avoid 4& 7). 81ank walls adjacent to a public sidewalk are prohibited. VI-E) Horizontal Rhythms 1) Prominent horizontal lines at similar levels along the street's stretfront shall be maintained (Illustration: Recommend 1, 5, 6& 10, Avoid 4&8). 2)A clear visual division shall be maintained between ground level floorand upper floors(Illustration: Recommend 1, 5, 6& 10). 3) Buildings shall provide a foundation or base, typically from ground to the bottom of the lower window sills, with changes in volume or material, in order to give the building a "sense of strength" (Illustration: Recommend 1, 5, & 10,Avoid 4, & 6). VI-F) Vertical Rhythms 1)Newconstruction or storefront remodels shall reflect a vertical orientation,either through actual volumes or the use of surface details to divide large walls, so as to reflect the underlying historic property lines (Illustration: Recommend 5& 6;Avoid 3). 4 vertically porportioneel windows at scoond and .� third floors - well maintained architectural - defined detail and me=m1ne Cornice wdndows . I' . or'cap' maintained storefront transparency(glass) added pedestrian shelter before iLLLS RATION B RECOMMENDED I 2) Storefront remodeling or upper-story additions Shall reflect the traditional Structural system of the volume by matching the spacing and rhythm of historic openings and Surface detailing (Illustration: Recommend 6; Avoid 4&9). VI-6) Roof Forme 1) Sloped or residential style roof forms are discouraged in the downtown area unleSS visually screened from the right-of-way by either a parapet or a false front. the false front Shall incorporate a well defined cornice line or"cap"along all primary elevations(Illustration:Recommend 1, 5& 10,Avoid 7). roof form is Inconsistent with pattem found In y - the downtown upper floor . t projecting(or recessed) balconies are prohibited limited r storefront base is _ window area too high AVOID ILLP TKAn, ON 7 VI-H) Materials 1) Exterior building materials Shall consist of traditional building materials found in the downtown area including block, brick, painted wood, smooth stucco or natural stone (Illustration: Avoid 4& 9). 5 2) In order to add visual interest, buildings are encouraged to incorporate complex paneled" exteriors with columns, framed bays, transoms and windows to create multiple surface levels (Illustration: Recommend 1, 5 & 10;Avoid 7, 8& 9). no defined top or"cap"� no prominent horizontal alignment windows do not reflect a vertical ' continuity of opening size, orientation spacing, horizontal or vertical rhythms base Is too no"sense of or high and mat Inviting entry" continuous ILL1.15TRATION 8 AVOID VI-I) Awnings, Marquees or Similar Pedestrian Shelters 1)Awnings, marquees or similar pedestrian shelters shall be proportionate to the building and shall not obscure the building's architectural details. If mezzanine windows exist, awning or marquee placement shall be below the mezzanine windows. If transom windows exist,awning placement shall be"above or over"the transom windows where feasible(Illustration:Recommend 1,5, 6&10;Avoid 4&9). 2) Except for marquees, Similar pedestrian shelters such as awnings shall be placed between pilasters (Illustration: Recommend 1&5;Avoid 9). - --_ 3)Storefronts with prominent horizontal lines at eimilarlevels along the streetfront shall maintain a consistent horizontal rhythm by their respective sidewalk coverings (Illustration: Recommend 5; Avoid 8). VI-J) Other 1) Non-street or alley facing elevationo are less significant than street facing elevations. Rearand sidewalls of buildings may therefore be fairly Simple, e.g., wood, block, brick, stucco, cast stone, masonry clad, with or without windows. 2) Visual integrity of the original building shall be maintained when altering or adding building elements. This shall include such features as the vertical lines ofcolumn5,piers,cornices,and other primary structural and decorative elements (Illustration: Recommend 6;Avoid 4&9). 6 removal of cornice and architectural details ® ® . non-compatible V' _ finish material altered window poportion _- - awning covers mezzanine windows removal of architectural F details no base — _ _a Before after. r ILLU5TKATION 9 AVOID 3) Restoration, rehabilitation or remodeling projects shall incorporate, whenever possible, original design elements that were previously removed, remodeled or covered over(Illustration: Recommend(5;Avoid 4&9). 4) Parking lots adjacent to the pedestrian path are prohibited (Refer to Site Design and Use Standards, Section II-D, for Parking Lot Landscaping and Screening 5tandard6).An exception to this standard would be paths required for handicapped accessibility. 5) Pedestrian amenities such as broad sidewalks, surface details on sidewalks, arcades, alcoves, colonnades,porticoes,awnings,and sidewalk seating shall be provided where possible and feasible. well defined"cap" simple details add In rest 'balance of symmetry with residential or horizontal and commercial vertical uses above rhythms first floor• - retail or office space mezzanine windows are not obstructed recessed entries large storefront create a windows are a "sense of or common pattern inviting found in the entry downtown ILL.USTRAnOON 70 RECOMMENDED 7 0) Uses which are exclusively automotive such as service stations, drive-up windows, auto sales, and tire stores are discouraged in the downtown. The city shall use its discretionary powers, such as Conditional Use Permits, to deny new uses,although improvements to existing facilities may be permitted. VI-K) Exception to Standards: An exception to the Downtown Design 5tandards is not subject to the Variance requirements of Section 18.100 of the Ashland Municipal Code and may be granted with respect to the Downtown Design Standards if all of the following circumstances are found to exist: 1) There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique.or unusual aspect of the site, an existing Structure or proposed use of the site; 2) There is demonstrable evidence that the alternative design accomplishes the purpose of the Downtown Design 5tandards and Downtown Plan in a manner that is equal or superior to a project designed pursuant to this standard or historical precedent, (Refer to Illustration 11) 3) The exception requested is the minimum necessary to alleviate the difficulty of meeting the Downtown Design Standards. uro setback- this small recessed balcony does not dramatically directly behind deviate from the downtown e existing context-the sidewalk I majority of the facade is at a W7ro setback II�el1 recessed balcony with front building i facade having a " uro setback 'horizontal and vertical rythms provide symmetry I ILLIlSSLATIQN 11 (side profile) sidewalk EXAMPLE-POSSIBLE EXCEPTION DE51GN 8 Definitions: Addition:Construction that increases the size of the original structure by building outside existing walls and/or roof. Alcove: Any small recessed or niched space, Arcade: A covered passageway with a rhythmic series of openings on one or both sides. Awning: A lightweight, exterior roof-like shade that projects over a window or door. Balcony: A railed or balustrade platform that projects from a wall. Bay: 1. A repetitive vertical subdivision of an exterior facade; may be defined by various means, including pilasters and wall openings. 2. A door or window opening in a facade, especially when defined by repetitive columns or arches. Cast Stone:A mixture of stone chips or fragments,usually embedded in a matrix of mortar,cement or plaster,the surface may be ground, polished, molded, or otherwise treated to simulate stone. Column: A slender, vertical element that supports part of a building or structure. Corbel: A stepped portion of a masonry wall;the steps maybe on top,as in a crowstep parapet, or below, as at the edge of an opening or supporting belt course. Cornice: The projecting moldings forming the top band of a wall or other element. Courtyard: An exterior space surrounded on three or four sides by building and/or walls. Decorative: Treatment applied to the surface of a building or structure to enhance its beauty. Easement: A deed restriction on a property giving someone besides the property owner rights to use or enjoy the property. Elevation: A scaled drawing which illustrates the view of a side of a building. Facade: Any of the exterior faces of a building. False Front: A building facade that extends above the roof or beyond the side walls in order to give the impression of a larger structure. Historic:A structure or site,usually over ,fiftyyears old,which possesses historical or architectural significance according to the Cultural Resources Inventory(1988-89)of the City of Ashland and/or 9 based on the criteria for listing in the National Register of Historic Places. Marquee: A permanent roof-like shelter over an entrance to a building;flat in shape. Mezzanine: A partial intermediate floor between two main levels, especially directly above the ground floor, often has a lower ceiling height than the other levels. Mezzanine Window: A window with a greater width than height,especially when used to provide light to an intermediate floor. Orientation:The directional expression of the front facade of a building;i.e.,facing the street,facing north, facing south. Panel: A small plane surface surrounded by moldings or depressed below or'raised above the adjacent surface; typically rectangular but may be any geometric shape; may be ornamented. Parapet: A low guarding wall that projects above the roof line. Pier: A member, usually in the form of a thickened section, which forms an integral part of a wall; usually placed at intervals along the wall to provide lateral support orto take concentrated vertical loads. Pilaster: An attached pier or pillar,often with capital and base;may be constructed as a projection of the wall itself. Plaza: An open public space. Rehabilitation: Refer to Section IV-A for definition and Section IV-61-11 for applicable standards. Remodel: Refer to Section IV-A for definition and Section IV-13 1-11 for applicable standards. Restoration: Refer to 5ection IV-A for definition. Transom Window. A glazed or clear opening above a door or window. Transparency: A clear opening or window; clear enough to see through. Veranda: An open-sided, raised sitting area with thin columns that support its roof; typically extends along an entire wall, or wraps around a corner. 10 # i + ,•cs,, � l� Milo' .m F, !r\ \ City Council Communication July 21, 1998 Submitted by: Keith E. Woodlev 0 Approved by: Paul Nolte Approved by: Mike FreernmAW Title: Adoption of 1998 Oregon Uniform Fire Code Synopsis: Currently, the City of Ashland through its fire department is enforcing the 1994 edition of the Uniform Fire Code(UFC).The 1998 edition of the Oregon Uniform Fire Code is now available and is being circulated for adoption by fire protection agencies.The 1998 edition of the OUFC provides for an increased degree of fire safety for citizens, buildings and properties within the City of Ashland. Recommendation: Staff recommends City Council adoption of the 1998 Edition of the Oregon Uniform Fire Code. Background Information: In 1971 the Uniform Fire Code(UFC)was adopted by the State of Oregon as the principle fire safety code enforced by fire officials within the state. It has been internationally recognized for its role in establishing a model for fire prevention efforts. The UFC is updated on an annual basis. At the conclusion of each update cycle,an annual supplement to the current edition is published,except for every third year when all approved code changes are consolidated into a new edition of the code. Updating is accomplished through a consensus code development process administered by the - International Fire Code Institute that allows anyone to submit proposals to revise the code and comment on the proposals of others through regular public hearings. Participants in the code development process represent a wide cross-section of fire officials, building officials, design professionals,manufacturers,developers,insurance organizations,researchers,industry associations and other interested parties. After thorough review by the fire department administration, staff proposes adoption of the 1998 edition that is now available for distribution. If the Council adopts the new edition of the code,the following new appendices will be included: Appendix 1-13 Life-Safety Requirements for Existing High-Rise Buildings:This section of the code establishes fire and life-safety requirements for existing buildings within the city that are 75 feet or greater in height.Examples of these requirements include fire detection and extinguishing systems. i City Council Communication July 9, 1998 Page 2 Appendix I-G Motion Picture Production Studios, Sound Stages And Approved Production Facilities: This section of the code establishes requirements for seating, exiting, mechanical equipment,fire detection and extinguishing systems.All current facilities of this type within the city are in compliance with these provisions. Appendix II-J, Storage of Flammable And Combustible Liquids in Tanks Located Below-Grade Vaults: This section of the code establishes requirements for vault construction, ventilation, tank construction, product piping, fire suppression and water supply systems. Appendix II-K, Non-Protected Above Ground Steel Tanks For Motor Vehicle Fuel-Dispensing Stations Outside Buildings:This section of the code establishes requirements for above ground tank construction and design, venting systems,protection from vehicle impacts and spill containment. Appendix VI-H, Refrigerant Groups And Properties: This section of the code provides refrigerant hazard categories and hazard signals to serve as a reference for the application of UFC Article 63. Appendix VI-I,Unit Conversion Tables:This code sectionprovides unit conversion tables(symbols, prefixes, metric conversions)to serve as a reference for UFC codes. All other amendments proposed in the adoption of the 1998 OUFC reflect renumbering of code sections, simplification of code language and clarification of current code enforcement practices within the city. 1 ORDINANCE NO. AN ORDINANCE AMENDING THE FIRE PREVENTION CODE, CHAPTER 15.28 OF THE ASHLAND MUNICIPAL CODE BY INCORPORATING THE PROVISIONS OF THE 1998 EDITION OF THE OREGON UNIFORM FIRE CODE AND OREGON UNIFORM FIRE CODE STANDARDS. Annotated to show deletions and additions to the code sections being modified. Deletions are fined-tHreagh and additions are shaded. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.28.010 of the Ashland Municipal Code is amended to read: 15.28.010 Adoption Of Volume 1 and Volume 2 of the 1998 Edition of the Oregon Uniform Fire Code And Oregon Uniform Fire Code Standards. The [) I r l 11 n 11 11 r 11 n 11 11 11 1 11 y 111 n 111 0 111 t` IV A, IV Q�Lf� r r r r r Adoption of Volume 1; the 9998 Editionof the Oregon Uniform Fire Code and Volume:2, the Uniform Fire,Code Stand ards,`published by the eeiafien International Fire Code Institute, except for Sections II-C, II-D, ll=E and III-D. sueh peftions as am One copy of this code and standards shall be filed in the office of the City Recorder. (Ord. 2645, 1991; Ord. 2785, 1996) SECTION 2. Section 15.28.020 (A) of the Ashland Municipal Code is amended to read: 15.28.020 Establishment of Duties. A. The 1998 Oregon Uniform Fire Code and Oregon Uniform Fire Code Standards shall be enforced by the Fire Department of the City of Ashland which shall be operated under the supervision of the Chief of the Fire Department. SECTION 3. Section 15.28.030 (A) of the Ashland Municipal Code is amended to read: 15.28.030 Definitions. A. Wherever the word "jurisdiction" is used in the Oregon Uniform Fire Code, it is the City of Ashland. Wherever the words "Chief of the Bureau of Fire Prevention" are used, they shall mean "Fire Marshal." Wherever the words 'Bureau of Fire Prevention" are used, they shall Page 1 — Annotated Ordinance GANANE\fire prevention code.ano.ord.wpd mean "Fire Department." SECTION 4. Section 15.28.040 of the Ashland Municipal Code is amended to read: 15.28.040 Above-ground Storage of Flammable or Combustible Liquids. The limits referred to in Section 7902.2.2.1 of the Oregon Uniform Fire Code in which the storage of flammable or combustible liquids is restricted are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. (Ord. 2785, 1996) SECTION 5. Section 15.28.050 of the Ashland Municipal Code is amended to read: 15.28.050 Storage of Liquified Petroleum Gases - Restricted. The limits referred to in Section 8283 8204.2 of the Oregon Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are established as follows: All City of Ashland residential and historical dis areas as defined in the Comprehensive Plan. (Ord, 2785, 1996) SECTION 6. Section 15.28.060 of the Ashland Municipal Code is amended to read: 15.28.060 Storage of Explosives - Prohibited. The limits referred to in Appendix VI-F of the Oregon Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are established as follows: All areas within City of Ashland limits. SECTION 7. Section 15.28.070 (A) (B) (C) (E) (H) (1) of the Ashland Municipal Code is amended to read: 15.28.070 Amendments to the Oregon Uniform Fire Code. The 06egori Uniform Fire Code is amended in the following respects: A. Section 903.2 and 9633: Delete entire section and replace with the following: - "An approved water supply capable of supplying the required fire flow as determined by Appendix III-A of the Oregon Uniform Fire Code shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet, or 250 feet for one and two-family dwellings, from a water supply on a public street, as measured by an approved vehicular route from the water supply to the exterior of the building, there shall be provided on-site fire hydrants and mains capable of supplying the fire flow as required by Appendix III-A of the Oregon Uniform Fire Code. Such fire hydrants shall be accessible for use by fire apparatus." Distances to an approved water supply may be increased, as approved by the chief, when the structure to be protected has an approved automatic fire sprinkler system." B. Section 7902.1.7 through 7902.1.7.4.2 is deleted in its entirety. Page 2 —Annotated Ordinance GAXANE\rire prevention code.ano.ord.wpd C. Appendix III-A(5.1): Replace the entire paragraph (a) as follows: "Notwithstanding the requirements in Appendix III-A of the Oregon Uniform Fire Code, within the City of Ashland the minimum fire flow and flow duration requirements for one and two-family dwellings having a fire area which does not exceed 3,600 square feet shall be 750 gallons per minute. Fire flow and flow duration for dwellings having a fire area in excess of 3,600 square feet shall not be less than that specified in Table No. A-111-A-1." "EXCEPTIONS": 1. A reduction in required fire flow of 50 percent, as approved by the chief, is allowed when the building is provided with an approved automatic fire sprinkler system. 2. One and two-family dwellings in excess of 3,600 square feet, when equipped with an approved automatic sprinkler system, may have a minimum fire flow of at least 375 gallons per minute. 3: Additions.or remodels;to dwellings after the date this provision is adopted shall be permitted, unless the addition or remodel creates a new dwelling unit or'the dwelling and the addition have a fire area in excess of 3,600 sgdare feet. E. Section 902.2.2.2 and 902.2.2.5: Replace entire sentenees sections as follows: Fire apparatus access roads and bridges shall be designed and maintained to support up to 44,000 lbs. gross vehicle weight and shall be provided with a surface so as to provide all-weather driving capabilities. H. Section 7701.1: Notwithstanding the exceptions listed in this section, the sale of Glass G explosive matefials DOT classification 1 AG (Class C common fireworks) is prohibited within the City of Ashland. I. Appendix III-C—, 44: Replace entire sentence as follows: Intervals. Tests of :. systems Or J....�e3 Inspection, testing and maintenance o water;base ire protection systems regulated herein shall be conducted annually, in accordance with Appendix Standards A-III-C-1, or when an inspection by the chief indicates that there is reason to believe that the system or device would fail to operate properly in an emergency. Before any existing fire detection and/or suppression system is removed, the chief shall be notified. (Ord. 2785, 1996) SECTION 8. Section 15.28.090 of the Ashland Municipal Code is amended to read: as follows: 15 28 090 New Materials Processes, or Occupancies - Permits Required. The Building Official, the Chief and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in said code. The Building Official, in accordance with Section 465 104.2.7 of the Uniform Building Code, shall record and enter in the files of the building department any action Page 3 —Annotated Ordinance GMIANEtfire prevention code.ano.ord.wpd r granting approval of new or alternate materials. SECTION 9. Section 15.28.100 (A) of the Ashland Municipal Code is amended to read: 15.28.100 Penalties. A. Any person who violates any of the provisions of this chapter, the Qregon:Uniform Fire Code or Oregon Uniform Fire Code Standards as adopted in this chapter or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Ashland Appeals Board or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a violation punishable by a fine as set forth in Ashland Municipal Code, Section 1.08.020. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue: and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. 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 , 1998, and duly PASSED and ADOPTED this day of 1998. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1998. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney Page 4 —Annotated Ordinance G:0IANEUire prevention code.ano.ordmod T City Council Communication July 21 , 1998 Submitted by: aul Nolte Approved by: Mike Freeman Title: An Ordinance Revising the Ashland Municipal Code to Delete References to the Ashland Community Hospital. Synopsis: The Ashland Community Hospital is now operated by Ashland Community Healthcare System (ACHS), a non-profit corporation. The city's authority to manage and control the hospital through its ordinances is no longer necessary. For that reason this ordinance is proposed to delete references to the hospital in the Ashland Municipal Code. Recommendation: Adopt the first reading of this ordinance. Background Information: In 1996 the city transferred the operation of the hospital from a city department to ACHS. The management and operation of the hospital are now under the auspices of a comprehensive and definitive agreement and real property lease. As a consequence of this transfer, it is no longer necessary to provide for administrative or management functions of the hospital in the municipal code. ORDINANCE NO. AN ORDINANCE REVISING THE ASHLAND MUNICIPAL CODE TO DELETE REFERENCES TO THE ASHLAND COMMUNITY HOSPITAL. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. y8 6i< Deletions are ugh and additions are 116 SECTION 1. Section 2.28.040 of the Ashland Municipal Code is amended to read: 2 28 040 City Administrator—Administrative responsibilities. The City Administrator shall have responsibility for the general administrative coordination of all ts;- --AW91 hose officers and employees oft ParloDe artment sepa stely eleeted or appointed by the Mayor, with eenfinvietlen by the Git� Couneit-The City Administrator shall have the right to submit recommendations to the Mayor, with confirmation by the City Council, as to the appointment or dismissal of any principal officer or Department head. The Mayor and City Council, City Administrator, or the appropriate Department head may directly appoint or dismiss any subordinate employee. SECTION 2. Section 2.28.130 of the Ashland Municipal Code is amended to read: 2 28 130 Finance Department--Functions. The functions of the Finance Department are the administration and collection of various City taxes, licenses, and permits and the administration of ordinances and state laws applicable _ thereto; the receipt and safekeeping of all City money; preparation and control of the City budget; procurement of materials, supplies, equipment and services for all departments, except the Parks and Recreation Commission Gemmunityr+faspital; receipt, storage and issuance of supplies, materials and equipment; the disposal of surplus property; fiscal and property accounting for all departments except the Ashland Parks and Recreation Commission; data processing; financial estimating, planning and programming; billing and collecting; investment of temporarily idle funds in cooperation with the City Recorder, dispatching of utility connect and disconnect orders; risk management and insurance administration; operation of the switchboard; coordination of the cleaning, maintenance and repair of all public buildings belonging to the City used for general administrative purposes; establishing and operating a centralized warehouse; general administration and control of the Cemetery Department; the performance of all duties prescribed by the City Charter and ordinances and the laws of the State for those officers and officials included in the Finance Department; and the performance of such other Page 1 —ANNOTATED ORDINANCE (GVAULWRDVw9pMa1 ord annompd) functions as may be assigned by the City Administrator or prescribed by the City Council. SECTION 3. Section 2.28.340 of the Ashland Municipal Code is amended to read: 2 28 340 Public Works Department--Functions. The functions of the Public Works Department are the construction and maintenance of all streets, alleys, sidewalks, paths, bike paths, rights-of-way, and courts now open or which hereafter may be opened; the cleaning of streets; the construction, maintenance, and operation of the sewer and storm drain systems; the maintenance and operation of the sewage disposal plant; the construction, maintenance and operation of the water distribution systems, the maintenance and operation of the water filtration plant; the supervision of all work done on streets, alleys, or other public ways, land, buildings, or other structures by anyone other than the City; supervision of the repair and maintenance of all motor equipment of the City, except equipment of the Eitq-Haspror t Parks and Recreation Commission; the performance of traffic engineering; the planning, improvement and maintenance of the Ashland Municipal Airport; the performance of all phases of engineering work required in connection with all the functions of said Department; the keeping of records of all surveys and measurements made, which records shall be open for public inspection. SECTION 4. Section 2.52.030 of the Ashland Municipal Code is amended to read: 2.52.030 Exclusions—Limitations. Contracts for the construction of public improvements, real property purchases, wholesale electrical energy purchases, employee benefit programs, and acquisition of professional services (such as engineering and architectural consulting) are not responsibilities of the Purchasing Agent, unless so directed by the City Administrator. The Purchasing Agent is authorized to act on behalf of the Parks and Recreation Commissio , but only upon the request of these egeneiesu 1' SECTION 5. Section 2.28.040 of the Ashland Municipal Code is amended to read: 3.08.010.B. Scope and Coverage. These personnel policies shall apply to all employees of the City of Ashland i Of the-Gammunity 23r. � . HaspitaFer►d ��tt7t„ Zt€aelected officials. These policies are in addition to and in no way replace, modify or infringe upon existing union contracts or other agreements between the City and its employees. Any existing employee union contract or agreement with a non-union employee group is hereby incorporated Page 2—ANNOTATED ORDINANCE (G:\PAUL1oRDVaspAW ord arwompd) by reference as further statement of the City s personnel policy with regard to wages, hours and conditions of employment. 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 1998, and duly PASSED and ADOPTED this_day of ' 1998. Barbara M. Christensen, City Recorder SIGNED and APPROVED this_day of . 1998. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney Page 3 —ANNOTATED ORDINANCE (c:%PAUL%0RDVwspftW Ord W=.wpd) Memo - To: Ashland City Council From: Marty Jacobson Date: July 16, 1998 Subject: Ashland Municipal Airport I would like to take this opportunity to address the Council on a matter that was brought to my attention subsequent to the last Airport Commission Meeting on July 1". I was unable to attend this meeting and was later informed that a vote regarding the airport land sale had taken place. The Motion voted on represented the interest of the Commission members to support the land sale and to again have this conclusion taken before Council. A prior vote reflecting this same issue had been taken two months ago at the April meeting and the Commission voted down the sale of the airport land. During this last meeting in July the vote tied at four against and four pro. If I had been present at this meeting, I would have voted against the sale as I had in the prior vote. I would like my opinion to be known by the Council. Thank you for your time.