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HomeMy WebLinkAbout1991-0716 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the aoenda AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL JULY 16, 1991 I. PLEDGE OF ALLEGIANCE: 7: 30 P.M. , Civic Center Council "Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meetings of June 4, and July 2, 1991. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Presentation to Walt Hoffbuhr for service on Ashland Community Hospital Board of Directors. V. CONSENT AGENDA: 1. Departmental Reports. 2 . Set date for public hearing on proposed vacation of an alley off Alta Street for September 3, 1991. VI. PUBLIC HEARINGS: (to conclude by 9: 30 P.M. ) 1. Planning Action No. 91-067, a proposed zone change from R-2 (Multi-family residential) to E-1 (Employment) on property situated at 250 N. Pioneer St. (Applicant: City of Ashland) . 2 . A proposed amendment to Chapter IV of the Ashland Comprehensive Plan relative to Environmental Resources. VIZ. NEW & MISCELLANEOUS BUSINESS: 1. Report from Staff on recommended financing for completion of Northwest water system improvements. r VIII. PUBLIC FORUM: Business from the audience not included on the I agenda. (Limited to 15 minutes) IX. ORDINANCES . RESOLUTIONS & CONTRACTS: � 1 1. Second reading by title only of "An Ordinance amending is Title 10 of the Ashland Municipal Code relative to public peace, morals and safety. Resolution setting affordable housing income levels and replacing Resolution No. 91-04. Pso 9/- 3 9 3 . Resolution concerning new political district boundaries. Ratification of 3-year labor agreement with Clerical/Technical unit of I.B.E.W. Local 659. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 4, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:40 PM on the above date in the Council Chambers. Laws, Williams, Reid, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES -The Minutes of the regular meeting of May 21, 1991 were approved as presented. SPECIAL PRESENTATIONS - Linda Jackson of the Hospital Board received a Certificate of Appreciation for serving 13 years on the board. CONSENT AGENDA - Winthrop moved to approve all items on the consent agenda and Arnold seconded, all ayes on voice vote. PUBLIC HEARINGS - Continuation of public hearing for improvement of Lori Lane. Steve Hall reviewed his memo of May 30th and explained the difficulty of putting sidewalks in a small area fronting tax lot 301. The property owner of tax lot 301, has concerns about his landscaping, that the trees would die if they were moved. Staff is also concerned with the narrowness of a 20' road and recommends a 24' road clear through.. Reid said she spoke with Jim Olson who told her that it costs no more to have a 20' street and a 4' sidewalk than to just have a 24' street. Golden noted there would be no parking along the 20' section. Winthrop asked Bashaw about the history of the City allowing improvements in the right of way. Bashaw said the City once allowed people to build buildings on the right of way and thereby giving it up. Williams asked about landscaping and Bashaw said the City need not but may pay for restoring the landscaping. Reid said if we are going to encourage pedestrians, we need to provide sidewalks. We would be short changing the future if we don't require them now. Arnold said Drescher was his business partner and would not be voting but on the issue of sidewalks,,in general, Arnold said he is in favor of a sidewalk. Acklin asked what the minimum width of a sidewalk would need to be for a wheelchair. Hall said 36". The public hearing was opened. Allen Drescher, owner of tax lot 301, said he does have a dispute with the city, and he disagrees with Bashaw's analysis. . He said a public entity loses if a permit was issued. Drescher has a permit from the Building Division for the landscaping in the right of way and feels it's his legal right to keep it. Whatever the end result, it would have to be put into an agreement. The public hearing was closed. Hall said a 20' road would accommodate two cars only. Staff would like to keep 2' behind the curb for utility easements. Winthrop favored a 4'sidewalk, keeping a 20'travel surface and minimizing any changes to Drescher's land. He moved to authorize paving of curbs, gutters and a 20' wide road surface and a 4' sidewalk along said portions of Lori Lane. Reid seconded leaving some flexibility with engineering on where with width changes from the existing pavement. Winthrop supplemented the motion regarding the legal questions of compensation, he assumed the City Attorney would inform Council what sort of agreement would be appropriate. Golden said Council could give staff direction regarding landscaping. Williams expressed concern that a 20' street will not allow much room for cyclists. The motion carried with Arnold abstaining and Williams dissenting. Remand of Planning Action No. 89-071 for 90 unit housing complex on Hersey (Mahar). i Minutes - Regular Meeting - Ashland City Council - June 4, 1991 - P. 1 s - Golden read the criteria pertaining to this remand. Acklin was concerned with getting all the public hearings heard. Golden warned the Council that this issue would have to be continued because additional information has come in that is not within the 10 day review period. Bashaw said there is more to come regarding the question of plan policy 12.1, the number of undeveloped acres of E-1 land. The evidence issue in regard to criteria also needs to be considered. Due to more evidence forthcoming, he said the public hearing cannot be concluded tonight. Arnold suggested holding the next public hearing first. Winthrop asked if final action would then take place the second meeting in June because he would not be able to attend. Laws move to reverse the order of the first two public hearings and Arnold seconded, all ayes on voice vote. Adoption of proposed methodology and fee schedule for SDCs. Hall asked if Council wanted him to cover the resolution, methodology and rate structure at once and in how much detail. Acklin said hit the high points, point out changes and then allow the public hearing to begin. Hall noted some handouts on the table. Some developers had concerns about the water distribution system, that the percentages used were not all correct, and after studying them, Hall agreed. They also felt that the percentage of new water lines should not be beyond the potential growth of the city which is estimated at 22%. Hall disagreed. Three projects were adjusted on page two, the distribution and costs in one project were changed from 85%to 35%, due to the issue of the age of the line. The second project went from 90%to 50%, dealing with Strawberry Lane, and the third was a similar project on N. Main to update a water line changed from 85% to 15% growth. Hall said he hoped to evaluate three things over the next year: look at the aging pipe and determine how much assigned to growth and how much assigned to normal replacement; the capacity of that pipe being used; and look at vacant lands in the service areas. The original report said we would charge one flat fee for SFR and staff is sticking with that proposal. Hall suggests an alternative to use fixture units which is the best way to put a national average on the potential demand on our system for water and sewer. He showed an overhead of how the figures were computed. One concern was how to deal with landscape irrigation. Staff recommends two hose bibs on a SFR, 1250 sq. ft. On a larger home, 3,000 sq. ft., fixture units would be higher. Golden•noted an error under private use for a hose bib, the table lists an equivalent of 3 fixture units and yet we've given them 6. Fregonese noted the error and said it would be recalculated. Reid said everyone is encouraged to use sprinkler system because it's more efficient and asked how hose bibs equated to sprinkler systems. Fregonese said they are more efficient in irrigation but not in home use. Reid said basing the cost on fixture units is much more complex than square footage. Another concern was how to deal with the expansion of single family homes. The transportation SDC is also in question. Staff recommends the flat rate first and the fall back would be using fixture units as Fregonese recommended. Golden asked why square footage was eliminated from calculations. Hall said it was a matter of timing. Almquist noted in discussing with Bob Moore, there would be problems using square footage because of Ballot Measure 5, there has to be a reasonable relationship between water demand and the charge and square footage is not a rational nexus. A bigger house does not necessarily mean greater water demand. Reid said she talked with City of Salem and they are dealing with same issue. She said you have to look at the overall life of the home which could be 100 years, and didn't agree with Almquist's comments. The public hearing was opened. Larry Medinger asked Mr. Moore to address square footage vs fixture units. Moore said they chose fixture units because it did have the most rational relationship to consumption. Square footage is directly related to the impervious area and increasing the run off of storm water into the storm drain system. Medinger said they went through the ordinance process and appreciated that Council and staff took the time and made the effort to make it fair. But he felt the methodology was Minutes - Regular Meeting - Ashland City Council - June 4, 1991 - P. 2 rough figuring. Some developers looked at individual projects for accuracy. The state law is clear: you bring existing systems up to code, and anything beyond that is new growth and SDCs pay for it. The impression he gets from the figures in the methodology is that they are based on capacity. This is a very inflationary type of tax and should be kept to a minimum. Winthrop noted that Hall had made some changes after working with some of the builders and asked Medinger what he was proposing. Medinger said the law is specific about appealing this within 60 days of adoption. If Council adopts something that is incomplete, it would take 60 days just to get a lawsuit filed against the City in order to protect their right to appeal.__Nobody wants to sue and the homebuilders want to avoid it. He suggested a citizen's committee and give staff time to work this out fairly. Don Greene, 375 Normal Avenue, said that Hall was very cooperative and aren't trying to do this on an adversarial position and are in favor of paying fair share but when they reviewed a few numbers, Hall adjust three areas only and ft changed the systems development charge $400. He felt that was significant and the rest should be reviewed. The figures show that we're paying for a capacity for a 40% increase but the report says we're only going to grow 22%. If the costs could not be figured on a square footage basis, then he would rather see a flat fee because it's more fair. There will be a lot of bootlegging in of bathrooms if we go with fixture units. Golden asked Hall if he felt he had enough time to prepare the methodology for systems development charges. Hall said yes to the methodology but the fees need to be reviewed. He said what he's asking is that the developer pay one third now and give him a year to review the water distribution portion. Because of the time crunch that the state has imposed, he recommends Council adopt this proposal. Lois Wenker, President, Ashland Chamber of Commerce, read a letter of recommendations in the packet. Rick Harris, on behalf of Ashland Board of Realtors, reiterated what Medinger said. He believes square footage is an appropriate calculation and should take into account the fact that the average per house is 2.3 people and going down. The SDC figures have vacillated too much. He asked if, in fact, Council gives staff a year to recalculate the figures, is the city in a position to refund money if it charged too much. Medinger read and extensive biography of and introduced Jim Ervine from Portland. Ervine talked about the public policy issues and reviewed the proposed ordinance. Since 1982, he has seen a decline in home ownership. He passed out a sheet on the Impacts of SDCs on Housing Costs based on a$5100 increase. This translates to an increased sales price of over $7,000. This increases the down payment over $2,000 which means about 50% fewer people qualify for home loans. Reid asked if this was first time buyers and he said it included the entire home buying public. Winthrop thought the figures were devastating. Ervine gave a document to Council entitled, "Building Together, Investing in Community Infrastructure," which he co- authored. He urged Council not to risk what we've got in Ashland and to find a way to finance the infrastructure in our community. Etta Smith said she is presently living in Medford and having a home built in Ashland and if these charges were imposed when she was buying a house, she would not be able to afford to live in Ashland. Council postponed deliberation until after the next public hearing. Remand of Planning Action No. 89-071 for 90 unit housing complex on Hersey (Mahar). Fregonese said.he spoke with the applicant and opponents who both feel they need more time and requested to set a special meeting with this being the only item on the agenda, or extend it to June 18th so they have more time. Almquist said there are already too many items on that agenda. The Council discussed Which date would be best for everyone and decided on June 24th. Fregonese asked to speak tonight because if he waited, the opponents would ask for another continuance at the next meeting. Bashaw,Arnold and Williams agreed and Mark Murphy could watch the video so he, as the appellant, will not miss anything. Laws moved to extend the public hearing until 10:00 and allow only Fregonese to present testimony tonight and the public 0 Minutes - Regular Meeting - Ashland City Council - June 4, 1991 - P. 3 hearing be continued on the 24th. Williams seconded if Laws allowed Bashaw to speak as well, if necessary. Laws amended the motion, all ayes on voice vote. Bashaw said only the issues raised on appeal should be considered tonight. One issue that was not appealed to LUBA is about the capacity of public schools. Winthrop said the issue of capacity could generally be considered under the issue of livability., The Comp Plan issue is the one that Fregonese will speak of tonight and the only Comprehensive Plan issue before Council on this remand on E- 1 land, whether• or not you have a five year inventory of land for particular purposes. The question is whether or not there are 50 acres available for this particular use. The question of evidence relates to the City's inventory of lands. Fregonese addressed the Comprehensive Plan Policy regarding the vacant land that is needed in the City. He started with the Economic Element and explained where the numbers came from. Is land vacant when a piece of property is for sale? Is it vacant when only one out of four acres of a parcel is being occupied? In the concluding paragraph of the economic element says there will be 104 acres of light industrial and 98 acres of commercial property by the year 2000. LUBA referred to the following policy when it came to its decision: the City shall strive to maintain at least a five year supply of land for any particular need in the City limits. It doesn't say vacant or zoned. The findings that Council adopted stated that the 50 acres included all land zoned. LUBA found that the City's inventory of vacant land was not reliable. We need to prove that the land we claim to be vacant is, in fact, really vacant. Council also needs to define vacant. In the record, we have a study which was conducted for the comp plan revision required by state law, designating commercial and industrial lands in Ashland, accurate as of July 1990. Also in the record are slides of all these vacant lands and maps. M-1 land should be included as E-1 land available because it allows all the uses that E-1 land allows. Arnold pointed out that it was 10:00 and the public hearing could not be continued. UNFINISHED BUSINESS Presentation by Ashland High School students regarding availability of tobacco products by minors. Rose Otte gave a brief introduction about the Commit to Quit program which served as consultants to an Ashland group of young people. REACH Responsible Educated Adolescents Can Help) students Shawn Hall had to leave to take a final in the morning and Otte turned it over to Levi Brown. He explained that he, along with 14 other students, did a survey to test the availability of cigarettes to minors in Ashland and 14 out of 15 times, they were successful in attaining cigarettes (over the counter as well as machines). A gas station was the only one not to sell to a minor. Levi said tobacco is a gateway to harder drugs. The law says it is illegal to sell to minors but it is not illegal for them to possess tobacco. Ninety percent of adult smokers started at 19 years of age. Their purpose is to alert Council of the problem and their goal is to ask the City to adopt an ordinance to "do what they can to restrict access to tobacco." Adoption of 1991-92 Budget and Supplemental Budget for 1990-91. Almquist noted that the last two public hearings need to be continued to a date specific because we spent nearly $1,000 advertising our budget, we'd have to print the entire budget in the newspaper. Almquist suggested the 11th of June. Williams moved that the public hearings be continued until June 5th at 4:00 PM in the Council Chambers, Laws second, all ayes on voice vote. The Mayor invited everyone to the lobby for refreshments to honor Roy Bashaw, Acting City Attorney, who was presented with a Certificate of Appreciation. Confirmation of appointments of Hospital Board members. Reardon withdrew. Minutes - Regular Meeting - Ashland City Council - June 4, 1991 - P. 4 Appointments postponed. Confirmation of appointments to Audit Committee. Golden read the nominations. Pat Acklin, Lee Howard, Frank Billowitz, Lois Wenker,Ann Meredith and Harry Knight. Almquist read the resolution. Laws commented that the membership of the committee may not be adequate at times to carry out the purpose of the committee as stated in the resolution. He thought we needed more than one person on the committee who has expertise in accounting and auditing, so he moved to change the resolution to read 3 citizens at large instead of one, and one from the Budget Committee, changing the overall committee to 7. Winthrop seconded, motion carried unanimously on roll call vote. Laws moved adoption of the revised resolution and Acklin seconded, the motion carried unanimously on roll call vote. (Reso. 91-16) Williams moved approval of six of the seven members, Laws seconded; all ayes on voice vote. Deliberation on the SDC public hearing was continued. Arnold said the standard to adopt the methodology is not perfect but is a justifiable record from which we can conclude that this is a reasonable methodology. The fact that we might later find that some figure should. be modified for accuracy would not render the initial action wrong but that the adjustment would be an improvement. All the work that went into this by the consultants and staff gives Council a valid basis for enacting this methodology. By implementing this in 1/3 stages, we have built in some additional cushion for any future problems. Arnold felt there would be no way to avoid a law suit in any case. Golden suggested a happy medium of enacting the 1/3 portion in the first year and that staff work with selected builders over the next year to go over the figures with a fine tooth comb which might defer potential law suits. Reid felt the builders have demonstrated an effort to work with staff to avoid a law suit and disagrees with Arnold. She is also concerned what is equitable in Ashland to people building modest homes. She agreed with Greene that fixture units would create a lot of illegal plumbing. An argument can be made for square footage and builders and community members are supportive of that. Acklin was told that the state homebuilders association was looking for some good, meaty test cases for systems development and because Ashland has the good fortune of developing ours earlier than most, it very likely will be Ashland that experiences being the test case. Williams said he disagreed with Arnold too and most homebuilders are not ready to go to court. When he first looked at this methodology, he felt the numbers were miscalculated and after Hall has adjusted only a few, Williams felt uncomfortable in voting for this methodology without a closer look at the numbers. Laws agreed with Golden's suggestion to adopt the methodology going into the first stage charging 1/3 of the rate, and then sunset this after a year of reviewing the numbers. He said he would much rather be sued by a single builder that and the Association. Winthrop said he must act with a level of comfort and with the numbers having been changed so often, he is not satisfied with the existing figures. Acklin said the consultants and staff made calculations from existing documents that have been around for eons so k's not that they have done a shoddy job but have relied on the best possible data available. Arnold said he believed in working on it further to get it as good as we can. The existing ordinance has it built in that the SDCs be reviewed after three years, and Williams asked Arnold if he could be comfortable with a one year review and Arnold said yes. Arnold moved to continue the deliberation and Acklin seconded, all ayes. Arnold suggested that fixture unit is the right approach to take because square footage would not meet the rational nexus test. Williams saw both of those as flawed and wants to go back to the original set fee. Reid chose the square footage method first feeling that the fixture units method would lead to shenanigans. Laws agreed to per unit charges. Winthrop felt the efforts that were made on affordable housing are being undone here potentially. Let's try to keep something in the program that has a progressive or graduated character to it. Acklin said one final plumbing Minutes - Regular Meeting - Ashland City Council - June 4, 1991 - P. 5 . } inspection can be done before a certificate of occupancy is done. Hall suggested, deferring to Bashaw, charging fixture units based on actual fixture in and roughed in plumbing to minimize the misuse. Williams added to eliminate hose bibs also. Bashaw said that was fine. Reid didn't like the idea of being a test case for the whole state. Moore noted that every City in the state has to back up systems development charges with a rational methodology by July 1st. Arnold suggested that the suggested modifications be made to the ordinance and read at the continued meeting tomorrow. It would be modified for plumbed in fixtures using fixture units, including the working toward the resolution of refining the figures over the next year and include the sunset provision that Laws talked about and move that staff have the resolution ready for tomorrow's meeting and continue this issue until that meeting. Acklin seconded. Hall said staff should word it so there is an automatic review after 12 months. Council said that's not what's being proposed. Laws asked for feedback from the builders if Council is going toward the right direction. Medinger said, as usual, Council and staff are showing that they want to cooperate and be fair and they were pleased. The motion carried unanimously on roll call vote. Acklin moved to continue and Williams seconded, all ayes. NEW & MISCELLANEOUS BUSINESS Letter from Jack Davis relative to project on "A" Street and fuel contamination. Almquist said this was in the packet for Council's information only and should not be discussed this evening unless Council wanted to go into an executive session. It involves potential litigation. No action taken. Memo from the City Administrator regarding the City Attorney's position. Almquist asked for approval to readvertise the position. Reid moved and Williams seconded. Arnold asked if that was full time which would average about$120,000 annually. Almquist agreed. Almquist said yes. Arnold said proposals on a part time attorney were around $80,000 on a contract basis plus $11,000 for prosecution services. Acklin noted when the subcommittee met, they did not feel a full time attorney was warranted. This may mean the individual may not have the work to fulfill a full time position and the person hired should be able to have other skills to do other assignments from time to time. All ayes on voice vote. Confirmation of Mayor's appointment of Interim City Attorney. Almquist said he was unable to contact the individual in mind for this position. When he is finally reached, Council will have to meet and confirm the appointment. Fregonese noted that they were ready to close on the property for Second Street at East Main Street regarding the right of way line. Staff recommends that Council move to approve the attached plat subject to required changes in the dedication statement and the monumented location of Second Street based on a 50 foot right of way. Fregonese said the line.is about .15 of a foot off from where it should be and before accepting the right of way, we'd like to clear up the problem by signing the plat. Reid moved and Arnold seconded, all ayes on voice vote: Reid asked Fregonese what the status of the parking lot on Lithia Way across from Copeland. Bashaw said the transaction closed Monday and the exchange is complete. PUBLIC FORUM Ron Thurner felt he was intimidated by Jill Turner in the lobby who said he should get a business license due to his involvement in the Mahar Project and he resented it. Turner said that was not her intention and gave a public apology. The public forum was closed. Minutes - Regular Meeting - Ashland City Council - June 4, 1991 - P. 6 ORDINANCES. RESOLUTIONS & CONTRACTS Second reading by title only of an ordinance relative to transient occupancy tax. Laws moved to adopt the ordinance and Arnold seconded, the motion carried unanimously on roll call vote. (Ord 2632) Second reading by title only of an ordinance amending ordinance No. 2052 and Section 18.12.030. Laws moved to adopt the ordinance and Williams seconded, the motion carried unanimously on roll call vote. (Ord 2633) Second reading by title only of an ordinance relative to system development charges. Buck Munson, 1535 Angelcrest, said he was misinformed about the last meeting so he did not attend the first reading. His problem is that he has an agreement signed with the City in February and he paid his fees on April 19th. He requested that the wording be changed on 4.20.080A to read, "any development which have agreements signed with the City for charges prior to April 16th," or move the date back. Reid thought it was reasonable. Almquist noted that other developers came in shortly after the 16th and paid all of their hook up fees to avoid the charges. Munson said not all of them had an agreement. Bashaw said he hasn't seen the agreement so he could not comment. Laws suggested Council accept this rewording and read it as first reading tonight and second reading tomorrow. Reid and Arnold agreed. Williams moved to amend the ordinance as suggested by Munson and move passage to second reading. Winthrop seconded. Acklin said Almquist would have to read this with the changes. Williams withdrew his motion so that Bashaw could review the ordinance and bring it back to tomorrow's meeting. Winthrop withdrew his second. Munson suggested moving the date to April 20th. Winthrop objected because it might set a precedent. The meeting was scheduled for 4:30 PM tomorrow. First reading of an ordinance authorizing and ordering the improvement of Lori Lane. Almquist suggested moving the reading to June 18th. All agreed. Numbers 5 through 10 under Ordinances, Resolutions and Contracts pertained to the budget and Almquist said they could be postponed until tomorrow's meeting. OTHER BUSINESS FROM COUNCIL MEMBERS Golden noted a letter from SOREDI. The intent was to send money through the Chamber and • Golden would like to have Acklin and Mary Lee Christensen as the two voting members and rather than have money go through the Chamber, have it go directly to SOREDI to retain our voting spot. Laws said he recalled that the City appointed the Chamber to act on our behalf and suggested having the check made out to both the Chamber and SOREDI. All agreed. Arnold suggested reading the SDC ordinance with the suggested wording changed so that the second reading could be done tomorrow and implement the resolution. If we don't do it that way, we can't get to the resolution tomorrow. Bashaw said the amendment involves striking the word "for"after development in the first line, and adding the phrase, have agreements signed with the City, after the word, "which" in the first line, and in the second lines, strike the words "were paid". Laws moved passage to second reading and Arnold seconded. The motion carried unanimously on roll call vote. Laws suggested improving the speaker/mike system for the tv audience. Minutes - Regular Meeting - Ashland City Council - June 4, 1991 - P. 7 ADJOURNMENT The meeting was adjourned at 12:00 Midnight to June 5, 1991 at 4:30 PM. Nan Franklin, City Recorder Catherine M. Golden, Mayor Minutes - Regular Meeting - Ashland City Council - June 4, 1991 - P. 8 MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JULY 2, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:35 p.m. on the above date in the Council Chambers. Reid, Acklin, Winthrop and Arnold were present. Laws and Williams were absent. APPROVAL OF MINUTES - Golden asked that the following changes be made: 1) P. 2, paragraph two, delete words "there are" in middle of line 19. 2) Page 4, middle of line 17 should read "SDC's" not "SECS". 3) End of line 17, p. 4 should read " . . .two homes on one . . . " . 4) P. 6, end of first paragraph, sentence reading "Acklin suggested having a union representative present as well. " moved to end of paragraph as it was not a part of the motion. Motion was made by Arnold and seconded by Acklin to approve, the minutes of the regular meeting of June 18, 1991 as corrected. Ayes: all. CONSENT AGENDA - Reid asked that item #3, Memo from Councilor Winthrop regarding Pacific Program leadership training, be pulled for discussion. Motion was made by Acklin and seconded by Arnold to pull item #3 for discussion and approve the other items on the consent agenda. Ayes: all. Reid noted that she is in favor of Winthrop attending the Pacific Program leadership training. Acklin stated that the .Council needs some guidelines on what amounts can be spent and kinds of programs that the expenditure should cover. Golden noted that the past policy has been that if the funds are available, a Councilmember can attend programs. Arnold suggested that staff be instructed to develop guidelines on travel and training for Council 's review; then if guidelines are met, requests can be submitted and Councilors can attend. Motion was made by Arnold and seconded by Acklin approving Winthrop's request to attend the Pacific Program leadership training program. Ayes: all. PUBLIC HEARINGS Proposed adoption of the Open Space Element of the Ashland Comprehensive Plan. John MacLaughlin stated that the Open Space Element was ready for adoption with the changes outlined in the April 19, 1991 memo included in the Council packet. Reid stated that she had received phone calls expressing concerns about possible trespassing on areas adjacent to proposed open space areas. Reid asked Council to consider posting these areas. Rick Landt, 487 Rock Street, urged passage of the open space element as submitted by staff. He noted that the plan was a good.distillation of what the citizens of Ashland wanted to see. Winthrop asked about land condemnation in Section VIII-14 for open space. Golden thought that the Charter addresses what can and cannot be condemned. Winthrop stated that he had some concern regarding Policy 14, protecting views. Winthrop stated that he does not want a view ordinance being adopted by the back door. Acklin stated that the views listed in Policy 14 were areas of mutual concern with Jackson County. . Regular Meeting - Ashland City Council - July 2, 1991 - P. 1 Open space Element (Continued) Acklin noted she had received a call much like Reid's. Neighbors were concerned about littering and abusive language in areas along the ditches once the trails were identified. Acklin stated she was willing to post or have T.I.D. post "no trespassing" notices along the ditch. Thierolf was directed to research the Charter regarding condemnation. The Open Space Element would be held open until an answer could be given. Planning Action No. 91-049. Request for a zone change from R-2 (Multi-family residential) to C-i-D ( Downtown commercial) at 80 Hargadine St. , 130 Hargadine St. and 96 W. Fork St. (Sharon & Philip Thormahlen, Applicants) . Golden read a prepared statement on the right of- appeal to the City Council or LUBA, which is lost if testimony is not presented either in person or in writing at the time of the hearing and expartte contact by Councilmembers needing to be put on the table, which includes any information heard, thought about, etc. , if the information will be used to reach a decision on this matter. Winthrop stated that he had discussions with Sharon and Phil Thormahlen, but did not believe any information was discussed that is not already written into the record. Golden stated that she had extensive talks with Sharon Thormahlen, but not since the appeal had been filed. Reid noted that she had done a site visit and had walked around commercial and residential areas. Reid stated that she did try to talk to people on the street and might use their opinions. Reid noted that she had talked about the Oregon Cabaret Theater, Winchester Inn and OSFA and got mixed reviews; some had thought them intrusive and others thought they complimented the area. John MacLaughlin stated that the current zoning of Stone House and the apartments is R-2 and the applicant requested a change to C-1-D. MacLaughlin stated that criteria for approval of a Type III amendment are a public need, the need to correct mistakes, the need to adjust to new conditions, and where compelling circumstances relating to the general public welfare require such an action. MacLaughlin stated that no facts were submitted regarding a change in traffic patterns, parking or noise; that the findings do not address the new OSFA pavilion and reduction of noise; and that possible C-1-D uses are retail sales, restaurants, motels. MacLaughlin stated that the burden of proof for a zone change was not met and staff recommends denial of the zone change based on findings. The Planning Commission voted unanimously to deny the request. Golden asked MacLaughlin to address the Parson Pines issue, who said the noise level had been reduced before the zone change and an adjustment was needed because traffic on Hersey had increased 300%. MacLaughlin noted that the applicant had done traffic counts to substantiate the need. Regular Meeting - Ashland City Council - July 2 , 1991 - P. 2 Zone Change Request (Continued) Richard Stevens, 107 E. Main St. , Medford, appeared on behalf of the applicant. He asked that summary of statements of his statements and a letter from Andy Dunn, 130 Hargadine #3 be placed on record. Stevens stated that there are four criteria as the bases for approval of a Type III amendment and only one of the criteria must be met. Stevens stated that the record does show the traffic count and a precedent was set by previous actions. Stevens stated that it is the Thormahlen's intent to use the property in .the same manner, with the Stone House remaining a traveler's accommodation with a manager on site. Stevens stated that all four criteria have been met. 1) There is no C-1-D land available in Ashland. 2) The need to correct mistakes - the impact of zoning . lines facing each other across •a street rather that zoning district changes on rear property lines. 3) The need to adjust to new conditions - changes which have impacted the subject property ,are closure of the streets, dimmed street lights, 345,000 transients with theater tickets, a change in the AMC to the Travelers Accommodation section which prevent a manager on the property, restriction of 'times that lawns can be mowed, having parties on the terrace and piano playing. 4) Compelling circumstance - applicant has been impacted by land use issues in the City. Stevens stated that the Thormahlen's were willing to place a restriction on the property so it would only be utilized as a Traveler's Accommodation subject to zone change approval. Golden questioned that there was no C-1-D land available and asked if vacant land and buildings were counted. Stevens stated that the information was from the Frank Stone report that went to the Planning Commission. MacLaughlin stated that the inventory should strive for a 5 year supply of this type of land, and that the D overlay relates specifically to the Downtown area. Golden asked if the City's ordinance specified that a B & B had to be owner, rather than manager, occupied. MacLaughlin stated that the main change in the Traveler's Accommodation required a lease holder or owner. Philip Thormahlen, 80 Hargadine, stated that what his wife had wanted to say was that they have been run off of their property. Thormahlen stated that because of OSFA his daughter is restricted as to the time she can play the piano, they cannot have parties on the front porch during performances, and if their daughter's friend wants to stay over night, she has to go through "Checkpoint Charlie" . Thormahlen stated that his property rights have been taken away by limiting the times he can mow the lawn, have parties on his porch and his daughter's rights have been taken away by having 345, 000 transients with theater tickets in close range. Winthrop asked Police Chief Lively to shed light on the issues of sound and OSFA performances that the City might be trying to regulate their lives. Lively noted that the Police Department was trying to maintain peace, and the first time he recalled any problems was with the running of lawn mowers and piano playing. Thormahlen stated that OSFA noise is horrendous and goes 'beyond State limits; as to moving the piano, that is his daughter's right. Regular Meeting - Ashland City Council - July 2, 1991 - P. 3 Zone Change Request (Continued) Don Rist, Star Properties, stated that he had listed the Thormahlen property for 2 years, and that each person that looked at the property was interested in it as a Traveler's Accommodation or even a museum for Shakespeare. No one had viewed the property in regards to a tavern or restaurant. George Kell, 184 3/4 Hargadine, stated that he would like to see the conflict resolved. Kell stated that he is familiar with the commercial usage of the area in the last ten years; he stated that buses are parked in "No Parking Zones" with their motors running; and asked "if this area is residential, why do all these buses represent a bus depot. " Craig Stone, OSFA consultant, Urban Planner, requested that the record be left open for 20 days to give him time to review the two documents entered into the record by Richard Stevens. Winthrop asked if this . appeal can be continued indefinitely by someone entering a written document into the record each time. Arnold asked .Thierolf if the proffered letters could be rejected. Thierolf advised to accept the evidence and continue the hearing. John Hassen, attorney, -stated that he thought the hearing could be closed, but the record left open so that they could respond to any new information. Thierolf advised to leave both the hearing and record open. Arnold asked that Stone and Hassen review the documents and determine if they could respond at this meeting. JoAnn Patton, 115 Fork, said she has lived in the neighborhood since 1970 and has raised two children there. Patton stated that Thormahlen's have the burden of proof that changes have occurred in the neighborhood; she noted that closed streets and dimmed street lights has consistently been a way of life in this neighborhood. Patton stated that there has been no significant change in this area which compels a zone change. Craig Stone stated that they had reviewed the documents entered by Stevens and would waive any request for a continuation if the Council would waive the 5 minute testimony limitation. Golden directed him to proceed. Stone stated that land use is based on clear objectives. Stone stated that the Thormahlen's cannot meet any of the criteria needed for the requested zone change; O.S.F.A. has been in the same location for '50 years and the number of performances have been in the 72-98 range since 1977; the enclosure around the theater will result in a 10-20 decibel reduction in noise; and that Mr. Stevens should not use streets as a zone boundary and that in the case of the apartment complex there would be no buffer between zones. He noted that C-1, C- 1-D, and E-1 land satisfies the 98 acre requirement in the Comprehensive Plan; and stated that "Mc Coy vs Linn Co. " required that all factors which constitute "livability" be identified, which has not been met. Stone stated that the City should not approve Planning Action 91-049. Bill Hicks, 190 Vista, said he has lived in the area for 22 years and the area is residential and he wants it to stay that way. Richard Stevens stated that adequate information had been submitted to support Regular Meeting - Ashland City Council - July 2 , 1991 - P. 4 Zone Change Request (Continued) a zone change. He said that even though only 100, 000 people attend the out-door theater, there is an impact of 300, 000 on the neighborhood. Stevens stated that the cumulative changes in the neighborhood creates an impact that makes this property no longer appropriate for residential use and would offer to limit permitted uses by deed restriction. He believes there is sufficient evidence to approve the zone change. Reid asked for clarification on the apartment units which are currently rented month to month; the change would be to overnight accommodations? Stevens stated that the apartments are rented primarily to students, and are mostly vacant during the summer months, and they would use them as traveler's accommodations during that period. Motion was made by Winthrop and seconded by Arnold to deny Planning Action 91-049 and direct staff to bring back suitable findings. On roll call vote, ayes: All. Open Space Element (continued) . Thierolf reported that the City Council shall not use the power of condemnation on fee simple land for open space trails. Acklin stated that staff should be directed to. look into signage. Reid asked if the City had the right to put up signs along the T.I.D. ditch. Steve Hall stated that we cannot put up signs except in areas of City control, but a letter could be written to the Bureau of Reclamation requesting they put up signs in the area. Golden directed staff to look into signage. Motion was made by Acklin and seconded by Reid to approve the Open Space Element of the Ashland Comprehensive Plan including the proposed changes in Parks. On roll call vote, ayes: All. UNFINISHED BUSINESS Motion was made by Acklin and seconded by Winthrop approving the Mayor's appointment of Richard Nichols to the Hospital Board. On voice vote, ayes: All. NEW 6 MISCELLANEOUS BUSINESS Tom Pyle stated that the Parks Commission would like to close the unpaved portion of Pioneer to vehicular traffic for a two year trial period and turn-a-round area is proposed at the end of the paved . portion. This would cut down on the dust and erosion to Lithia Park and would be an alternative to trails for walkers and joggers. He said the proposal has gone through Planning, the Bicycle Commission, and early on the opinion of neighbors were asked. Most negative comments came from upper Granite, because of it not being paved. Ken Mickelsen stated that the estimated cost is $4,410 and would require the loss of one parking space. The turn-a-round would stay on City property and the Commission would bear the cost of the closure. He said the area is used for walking, jogging and biking, and from a recreational standpoint the best usage would be closure of the street. Regular Meeting - Ashland City Council - July 2 , 1991 - P. 5 Pioneer Street Closure (Continued) Winthrop asked if the barricade would be placed after any residences. Mickelsen stated that there are two houses beyond the turn-a-round and the barricade would be beyond that to allow access to the driveways. On a question from Winthrop, Mickelsen said one residence would be partially blocked, but they do not currently use as access to their property. Barbara White, 180 Vista, stated that she uses Pioneer as a return from the Band concerts and in using the street 6 times In the last two weeks, has met one jogger, one bike rider and one car. Hilary Tate, 106 S. Pioneer, stated that she walked that portion of Pioneer many times and failed to see what the big deal is with cars, as the road is not used much. She said that nothing the neighborhood has said at Parks meetings seems to make an impression. She said discouraging RV's and buses from using the street was a good idea, but wanted to encourage not closing the street and putting. up barricades. Rob Miller, 153 Fork, stated that part of his property would be land- locked and he also owns a lot beyond that property. He said that vehicles and parks are basically incompatible and for the aesthetics would like to see that part of Pioneer closed. Miller recommended giving the idea a two year trial period. Pat Patton, 115 Fork St. , expressed concern that residents were not notified of the new plan. Reid moved to grant the Park Commission's request to close the unpaved portion of So. Pioneer St, for a two-year trial period. Winthrop seconded the motion which passed on roll call vote with Acklin dissenting. Memorandum of Understanding - Water Resources - Arnold moved to authorize the Mayor and City Recorder to sign a "Memorandum of Understanding" with area agencies involved in water use, management and planning and to appropriate $3500 to RVCOG for staff time involved in this cooperative effort. Reid seconded, all AYES on voice vote. Historic Commission Appointment - Acklin moved to appoint Le Hook to the Historic Commission for a term ending April 30, 1994. Winthrop seconded, all AYES on voice vote. PUBLIC FORUM - No response. ORDINANCES. RESOLUTIONS & CONTRACTS Tobacco Products - Hall noted that an amended ordinance was included in the packet for second reading by title only. Acklin said State Law has changed regarding vending machines and should be researched prior to second reading. All agreed to postpone. Lori Lane L.I.D. Second reading by title only of an ordinance authorizing and ordering the improvement of Lori Lane between Hersey Street and Glenn Vista .Estates. Winthrop moved to adopt same, Reid seconded, and the motion passed on roll call vote with Arnold abstaining. (Ord. #2636) Regular Meeting - Ashland City Council - July 2, 1991 - P. 6 Amend Title 10 of A.M.C. - Council has not received the background materials and asked that second reading by title only be postponed. Special vehicle Permits - Winthrop asked that the ordinance be amended to more clearly define "carnival-like atmosphere" . Arnold and Winthrop will come back with new wording at the next meeting. Jackson-Josephine Transportation Committee - A resolution was read authorizing participation and representation in said committee. Arnold moved to adopt same, Reid seconded, all YES on roll call vote. (Reso. #91-27) OTHER BUSINESS FROM COUNCIL MEMBERS - None. ADJOURNMENT - The meeting adjourned at 10: 24 P.M. Karen Huckins Catherine M. Golden Acting City Recorder Mayor Regular Meeting - Ashland City Council - July 2 , 1991 - P. 7 ASHLAND POLICE DEPARTMENT Monthly Activities for June , 1991 INVESTIGATIONS , On June 4-71 Detective Snow and Detective Parlette attended a Western States Information Network conference in Sacramento , California. On June 5-6, Detective Savage attended a Homicide/Death ,Investigation seminar in Coos Bay . In June, Janet Chilcote was assigned to the Detective Division as C.P .O. and Juvenile Liaison Officer . On June 13, Captain Barnard and all detectives attended a firearms qualification shoot . On June 14 , a detective investigated a burglary to an Ashland residence which resulted in the loss of approximately $8, 104 .00 in jewelry . Entry into the house was gained through a kitchen window. On June 18, a detective assisted the Drug Enforcement Administration with a search warrant at a residence on the Greensprings , a major indoor , underground marijuana grow was located and a subject arrested . A June 19 , a second Ashland man was arrested in connection with two motor vehicles taken from Ashland in January 1991 . He was charged with two counts of Unauthorized Use of a Motor Vehicle and two counts of Criminal Mischief I . On June. 25, a detective assisted the Major Assault/Death Investigation Unit • in the investigation of the death of a resident of the Veterans Domiciliary in White City after an assault which occurred at that location involving another Domiciliary resident . On June 28, a detective investigated a Burglary at the Elks Lodge in Ashland , money was taken from a safe and coin operated machines inside the building . In June Jac-Net received an award for Narcotic Task Force of the year from Western States Information Network . This was won over the five western states . PATROL Sgt . Bianca spent two weeks in June at the Police Academy attending a supervisory course , covering topics such as labor law, liability, employee discipline, media relations , motivation and morale building . 1 ' On June 7, an officer investigated an assault which occurred outside an Ashland convenience store when an elderly man was punched in the mouth after refusing to give a highly intoxicated young man a ride. The suspect was arrested after he was located in the area hitchhiking . On June 9 , an ex-employee of a local business was arrested after a varda alarm was activated in the business which he had just broken into , he was subsequently arrested . On June 26, an officer arrested 4 male juveniles who had stolen a vehicle from the Ashland area , they had earlier abandoned another vehicle reported stolen from the Portland area in Ashland . Subjects were arrested for unauthorized use of a motor vehicle. Graveyard shift handled several calls of loud parties involving minors in Ashland . An officer responded to a loud party call on June 29, subjects refused to open the door as requested by the officer , the officer then moved away from the door and waited for someone to enter or leave the location. When the opportunity arrived the officer entered behind three people coming to the party and waited in the doorway to speak with one of the tenants of the apartment . He was immediately assaulted by shouts of obscenities and at least ten people tried to force the door closed while the officer was still in the doorway , the officers foot was crushed by the door . The tenant was finally located , other officers on the scene had to deal with verbal abuse and the throwing of lit cigarettes in their direction. With this incident in mind , to enhance officer safety , there has been an increase in the number of officers sent on loud party complaints. CRIME PREVENTION Crime prevention and community relations are in full swing for the summer . Downtown foot patrol has begun on a full-time basis, with answering questions and providing information keeping the Officer busy . The officer has been working with Park Patrol employees regarding radio procedures and dealing with the public . One local business was assisted with an ongoing shoplifting problem, which seems to have already improved their loss statistics. Officer Chilcote spoke to a group of 400 teenagers attending SOSC ' s Youth Sports Program on the many facets of police work . POLICE RESERVE Reserves spent 145.5 hours on patrol , 16.5 hours training , and 6 hours on special assignment . Total 168 hours . 2 EXPLORERS Explores put in a total of 117 hours on meetings , firearms training and special assignments which included the SOSC graduation . COMMUNITY SERVICE VOLUNTEERS Number of Volunteers Reporting 58 Number of Days Worked - 265 Number of Hours Worked - 820 MUNICIPAL COURT There were 1032 citations filed in the Municipal Court , which includes 227 traffic violations , 54 formal complaints , and 751 parking . citations. Cases closed totaled 784 which includes 85 traffic violations , 47 formal complaints , 3 fines suspended , Be citations dismissed ( including 34 completed diversions ) . There were 438 parking citations closed , 317 of these were issued in the Downtown Parking District . No parking citations were dismissed .. There were 110 appearances , 51 before the Violations Bureau and 58 before the Court . There were 8 trials held , and O no show; 109 persons were placed on diversion and 41 placed on probation. COMMUNICATIONS/RECORDS Communications/Records personnel handled 731 Police cases and dispatched 62 fire/medical runs . There were 2 ,850 calls handled in the dispatch center and 445 were 911 calls. CODE COMPLIANCE OFFICER No report . , JACNET No report . 3 Monthly Building Activity Report: 06/91 Page 1 # Units Value RESIDENTIAL: Building: 1 50,000 ADDITION 9 215,809 CARPORT 1 3,000 DECK 2 1,800 DEMOLITION 1 0 FENCE 3 2, 100 FOUNDATION 1 270 GREENHOUSE 1 1,500 MOBILE HOME INSTALLATION 1 0 POOL 1 10,000 REMODEL 7 226, 000 REROOF 1 4,500 RETAINING WALL 1 1,000 SFR 14 14 1, 660,395 SHED 1 9,552 TOWNHOUSE 3 15 1,706, 952 Subtotal: $ 3,8921878 Electrical: ELECTRIC 19 10,470 Subtotal: $ 10,470 Mechanical: CONVERSION TO ELECTRIC 1 3 , 000 ELECTRIC WALL HTRS 1 1, 000 GAS LINE 1 100 GFAU 7 23,475 Subtotal: $. 27, 575 Plumbing: INT. SPRINKLER SYS. 1 200 PLUMBING 1 50 SEWER LINE 1 250 WATER LINE 1 400 Subtotal: $ 900 ***Total: $ 3 ,931,823 COMMERCIAL: Building: DEMOLITION 2 0 Monthly Building Activity Report: 06/91 Page 2 COMMERCIAL: Units Value Building: OFFICE 1 320,000 REMODEL 4 164,500 REMODEL & ADDITION 2 134,100 REROOF 2 64,465 SPECIAL INSPECTION 1 0 STATUE WALL 1 0 Subtotal: $ 683,065 Electrical: ELECTRIC 8 9,450 Subtotal: $ 9,450 Mechanical: GAS DRYERS 1 2, 000 Subtotal: $ 2,000 Plumbing: 4 FIXTURES 1 1,000 Subtotal: $ 1,000 ***Total: $ 695,515 Total this month: 107 $ 4, 631,582 Total this month last year: 96 $ 2 ,707,854 Total year to date: 1008 $22,468,864 Total last year: 1307 $38, 394,958 This month This month This year last year Total Fees: 59,203 33, 347 265,764 Total Inspections: 332 437 4311 NEW CONSTRUCTION: 6/91 RESIDENTIAL PAGE NO. 1 07/08/91 ADDRESS #UNITS CONTRACTOR VALUATION ** SFR 675 CAROL ST Jerry Toney 90000. 00 0 SUNSHINE CR JON TURRELL 100000.00 0 GRANITE CARLOS REICHENSHAMMER 11800.00 932 MORTON DAVE LEWIS 286500. 00 1289 MUNSON BUCK MUNSON 67028.00 0 OAK ST OWNER 87984.00 870 CYPRESS POINT LP JERRY TONEY 119808.00 1050 CANYON PARK DR JERRY TONEY 119600.00 962 CYPRESS POINT LP JERRY TONEY 103012.00 225 SUNNYVIEW OWNER 151000.00 921 PINECREST TERRACE ED BEMIS 139048.00 1805 PEACHEY RD OWNER 145663 .00 400 GLENVIEW OWNER 133952 .00 ** Subtotal ** 1555395.00 ** TOWNHOUSE 376 GLENN STBLD#1 6 w/let us know 630552.00 342 LORI LNBLD 12 4 w/let us know 478400.00 350 LORI LNBLG#3 5 w/let us know 598000.00 ** Subtotal ** 1706952 .00 •*** Total *** 3262347. 00 NEW CONSTRUCTION: 6/91 COMMERCIAL PAGE NO. 1 07/08/91 ADDRESS #UNITS CONTRACTOR VALUATION ** OFFICE 628 NORTH MAIN ST GOLDEN-FIELDS 320000.00 ** Subtotal ** 320000.00 *** Total *** 320000. 00 Qmarttxtdum June 12, 1991 EOT Brian Almquist, Steve Hall, John Fregonese, Al 0. Williams, Vic Lively, Keith Woodley, Dennis_ Barnts, Jerry Glossop, John McLaughlin r James H. Olson, Assistant City Engineer �rom: - �Cix �Et Proposed Vacation of an Alley Off Alta Avenue p� A petition has. recently been presented by Jonathan I. Lange, requesting. a vacation of the public alley located westerly off Alta Avenue between Wimer and West Streets. The 20-foot wide right of way, dedicated as part of the Woolen's addition, has never been opened. Would you please review this request to be certain that the vacation would not affect your responsibilities. PETITION SUMMARY The petition was received bearing 13 signatures representing 10 lots. As required by ORS Section 271.080, 100% of those lot owners abutting the alley to be vacated have signed the petition. The "affected area" defined as that area being 200 feet from each sideline and 400 feet beyond the end of the proposed vacation, contains 382.040 square feet. The area represented on the petition totals 271,336 square feet or 71$ of the total area which is over the 2/3 majority required by state statute. All other petition requirements have been met, including the filing of a $250. 00 fee. JHO:rm\altaave.vac Attachments: Petition Map i Date .filed: .. PETITION We the undersigned property owners residing on or near '{{.c vnUSej nk tom( �oe.'4ua.c.+3`I9 R\+., y.,a( 321 A1-fy do hereby petition the City Council to initiate proceedings to vacate the above mentioned public e right-of-way, being further described as follows: ¢ 41121 "J S G_keh bt'rwae tt c ey l �¢ 1¢,. bit% or=. +1 _-r. [o+5 tSo 1 (3,':d 1-700 �ensr�l 0.r`.dL WcsT� wl.e.-a. -t-I.a-y i.Joolcll o-Fl.,e,-w;se o.,bo-Yt, `M ca{Izy wlco. - borCLQrS 0. Pu� I of lt.e na J1y C\4Ike) ¢rev+" to+ -+%a 46 JUN1se1 N RECEIVED . r EWE Uf iaE Div. �\p 92 Z�ti�tiv We do further warrant that the signatures below represent 1008 of the properties abutting the proposed vacation, .and at least 66 2/38 of the affected area which lies within 200 feet on either side and 400 feet from the ends of the public right-of-way proposed' for vacation. i l3.rnf1� q >�Mti 300 ,� k«:..J.A+.... - - ZSo0 �\NAME J ADDRESS TAX LOT NO. A-0 y r� � �cD vh� 32; 7 SA Soo p•- �� Co wc325 . cati. c .�°°I KCL5__ An 2,6g W;..,ev- Sf aco0 State of Oregon - T_ �r�aGE Z, JO,J�cfRR., ,being one of the principal pro- ponents of the proposed vacation do hereby subscribe and swear that the above signatures were taken',in ray presence and are the signatures of the persons owning property abutting or within the area of cted by the p posed vacation. S gnature ` � 4aryPublic ky Commission expires�lo-2/-Fj ' ��jyt l[131A�S EnB�newing pia. vi ti - A L L E Y V A C A T I O N D E S C R I P T I O N All that portion of an Alley 20 fleet in width, when measured normal to the sidelines of said alley, being situated between Lots 21 ,and 22 of the .Woolens Addition to the City of Ashland , as now recorded, with the Westerly terminus being the Easterly right of way line of South Street as shown on the plat of said Addition and as vacated by City of Ashland Ordinance No. 275 and recorded in Volume 223, Page 4.04 of the Deed Records of Jackson County, Oregon and the Easterly terminus being 5.00 feet Westerly of and contiguous to, when measured normal therefrom, the Westerly right of way line of an alley, which bears in a .North-South direction , and . iscurrently named Alta Avenue, as shown on said Woolens Addition to the City of- Ashland, as now recorded. See Exhibit 'A' attached hereto and by this reference incorporated herein and thereby made a part hereof . City of Ashland June 14, 1991 ref: altaave.vac REGISTERED PROFESSIONAL LAND SURVEY R - - O G O N 'JULY 6• 1666 I"ERElT L. SWAN 759 , I •. Y 4I I U 4 cw JLN e M I y.c- 6J �qa I JJJJJJ � _} i w / I♦ / 1�°WTI I O rGL.L ° ,.10 �m0F:s9331E�L.li ;11 o N > NI < .fTl.• g.�.g.966EyAO9-9bB0 3 171 I 1vl O n JM` I I 8 O / ,• rooms«r rT):[d2 '�-6 P o , n .,� r 9 � °,y,'6 � � j . I 'o LO O. I �� s � .. N >IO hj 8 ..a' I •y O •. �,� � ^ I ZIP a ,� N .° / �� f'11 FIJI U a < AVE NljE — r 8 8 do < 75 50, EX I IT 'A 8 NOTICE OF PROPOSED STREET VACATION NOTICE IS HEREBY GIVEN that pursuant to O.R.S. 271. 130, the City Council on its own motion, has set a public hearing for September 3 , 1991 at 7: 30 P.M. , in the Civic Center Council Chambers, 1175 E. Main Street, to consider the proposed vacation of an alley as follows: An unopened alley located southerly of Alta Avenue between Wimer Street and West Street, for a distance of approximately 200 feet. NOTICE IS FURTHER GIVEN that all interested persons may present written testimony prior to the public hearing by filing the same with the City Recorder, Ashland City Hall during business hours, or may present their views orally or in writing at said public hearing. by order of the City Council Nan E. Franklin City Recorder/Treasurer PUBLISH: Daily Tidings August 5, 12, 19, 26, 1991 POST: S 1991 Notice is hereby given that a PUBLIC HEARING sPecityvAuchordinance criterion the objection is based on also precludes your on the following request with respect to the right of appeal to LUBA on that criterion. ASHLAND LAND USE ORDINANCE will be held A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no costand will before the ASHLAND CITYCOUNCIL onthel6th be provided at reasonable cost,if requested. A copy of the staff report will be DAYOFJULY, 1991AT7:30 P.M.attheASHLAND available for inspection seven days prim to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland CIVIC CENTER, 1175 East Main Street,Ashland, Planning Department,city Halt 20 Fast Main,Ashland,OR 97520. Oregon. During the Public Hearing,the Mayorshallallowtestimonyfrom the applicant and those in attendance concerning this request The Chairshall have the right The ordinance criteria applicable to this application are attached to this notice. to limit the length of testimony and require that comments be restricted to the Oregon law states that failure to raise an objection concerning this application, applicable criteria. either in person orby letter,orfailure toprovide sufficientspecf6clty to afford - - the decision materanopportunitytorespond to the issue,precludes yourright If you have anyquestions orcomments concerning this request,please feel free of appeal to the Land Use Hoard of Appeals(LUBA)on that issue.Failure to to contact Susan Yates at the Ashland Planning Department,City Hall,at 48& 5305. e, dsy a y 4 \ ��� \ 4 CO "207 f 3 Q i 4400 / LDZ0NIN6 4HE' 14� NF-W �E IN6 a 4� (V Q \ � ASHLAND E. i N r t PLANNING ACTION 91-067 is a request for a Zoning Map and Comprehensive Plan Map Change to correct a map drafting error. Change is from R-2 to E-1 and Multi-Family Residential to Employment for the property located at 250 North Pioneer Street, between Pioneer Street and First Street. . Comprehensive Plan Designation: Multi-Family Residential; Zoning: R-2; Assessor's Map #: Part of 9BA; Tax Lots: 13400. APPLICANT: City of Ashland Notice is hereby given that a PUBLIC HEARING specilywhich ordinance crit n the objection is based on also precludes your right of appeal to LUBA on that criterion. on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will before the ASHLAND PLANNING COMMISSION be provided at reasonable cost,if requested.A copy of the staff report will be on the14TH DAY OF MAY, 1991 AT 7.00 P.M. at available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials am available at the Ashland the ASHLAND CIVIC CENTER, 1175 East Main Planning Department,city Hall,20 Fast Main,Ashland,OR 97520. Street,Ashland, Oregon. During the Public Hearing,the Chairshall allow testimony from the applicant and those in attendanceconcerning this request:The Chairshall have the right The ordinance criteria applicable to thisapplication are attached to this notice. to limit the length of testimony and require that comments be restricted to the Oregon law states that failure to raise an objection concerning this application, applicable criteria. either in person orby letter,or failure to provide wfftaent specificity to afford the decision makeran opportunity to respond to the issue,precludes your right If you have anyquestions orcomments concerning this request,please feel free of appeal to the Land Use Board of Appeals(LUBA)on that issue. Failure to to contact Susan Yams at the Ashland Planning Department,City Hall,at 488- 5305. NOTE: This request will also be reviewed by the Ashland Historic Commission at 7:30 p.m. on*May 8, 1991, at the Ashland Community Center at 59 Winburn Way, Ashland, Oregon. • se. V -- K H j` y \ "4 )0400 Y OLD70NING UNE NEW Q °srb UNE 0 1 ASHLAND ARmtxt' r �/ rf STRFF � t g sks6 /9 PLANNING ACTION 91-067 is a request for a Zoning Map and Comprehensive Plan Map change to correct a map drafting error. Change is from R-2 to E-1 and Multi-Family Residential to Employment for the property located at 250 North Pioneer Street, between Pioneer Street and First Street. Comprehensive Plan Designation: Multi-Family Residential; Zoning: R-2; Assessor's Map #: Part of 9BA; Tax Lots: 13400. APPLICANT: City of Ashland Keep as muctrof the creek unculverted as possible None of the building envelopes are on land over 40% slope Building envelopes to be reconfigured or made smaller to save as many trees as possible and create additional open space even as big back yards . Pedestrian access - make more pedestrian and bicycle oriented - if possible add a second pedestrian way on top of the development (or an easement) Explore the option of moving the cul-de-sac to the other side in order to save trees More information on what road fill, cuts and erosion control will be Eliminate flag drive, if possible Provide a homeowner's association Since.the plan provided at this meeting has been conculsory, not factual, there has not been enough information to make a decision at this meeting. All the information will be filed for both outline plan and final plan at the same time for the next meeting. Carr moved to continue this action and the public hearing until June 11, 1991. Thompson seconded the motion. McLaughlin said the 120 day dock has not started. Carr amended the motion to continue the action and public hearing until July 9, 1991. Thompson amended the motion and it was carried unanimously. CARR MOVED TO CONTINUE THE MEETING UNTIL 11:15 P.M. THE MOTION WAS SECONDED.AND CARRIED. TYPE III PUBLIC HEARINGS PLANNING ACTION 91-067 REQUEST FOR A ZONING MAP AND COMPREHENSIVE PLAN MAP CHANGE TO CORRECT A MAP DRAFTING ERROR. CHANGE IS FROM R-2 TO E-1 AND MULTI-FAMILY RESIDENTIAL TO EMPLOYMENT FOR THE PROPERTY LOCATED AT 250 NORTH PIONEER'STREET, BETWEEN PIONEER STREET AND FIRST STREET. APPLICANT: CITY OF ASHLAND PUBLIC HEARING No one came forth to speak. COMMISSIONERS DISCUSSION AND MOTION Jarvis moved to approve, Harris seconded the motion and it was carried unanimously. ASHLAND PLANNING COMMISSION 10 REGULAR MEETING. MINUTES MAY 14, 1991 Ashland Historic Commission , Minutes May 8, 1991 PA 91-057 Conditional Use Permit . 660 and 664 "A" Street James and Cheryl Lewis McLaughlin explained this application is for a two-unit motel. Since between the alley and "A" Street is zoned E-1 and the alley is partly paved now, they will look at getting the rest of the alley paved. Since this area is already zoned, for this type of use, Staff is recommending approval. Lewis added he wanted to get approval for both houses, although he will probably continue to live in 660 "A" Street. With a motion by Skibby and second by Whitten,it was unanimously agreed to recommend approval of this application. Lewis abstained PA 91-067 Zoning Map and Comprehensive Plan Map Change 250 North Pioneer Street City of Ashland Due to a mapping error ten years ago, the City is in the process of correcting the zoning on this piece of property, McLaughlin explained Bradshaw moved and Whitten seconded to recommend approval of this action. Motion . passed unanimously, BUILDING PERMITS ' Permits reviewed by members of the Historic Commission and issued during.the month of April follow: Michael Sullivan 486 Siskiyou New Studio Sam Egen 364 Vista Retaining Wall BPOE 255 E. Main Interior Remodel Phillip Lang/Ruth.Miller 758 "B" St. Remodel Pam Morey 307 Meade Remodel Brett Dowell 183 Vista Deck Bank of America 101 E. Main Sign Heart & Hands 255 E. Main Sign 6 ASHLAND PLANNING DEPARTMENT STAFF REPORT May 14, 1991 PLANNING ACTION: 91-067 APPLICANT: City of Ashland LOCATION. 250 North Pioneer Street, between Pioneer Street and First Street. ZONE DESIGNATION: R-2 COMPREHENSIVE PLAN•DESIGNATION: Multi-Family Residential ORDINANCE REFERENCE: 18.108.060 REQUEST: Zoning Map and Comprehensive Plan Map Change from R-2 (Multi-Family Residential) to E-1 (Employment) 1. Relevant Facts 1) Background - History of Application: This site was originally the location of the Twin Plunges Natatorium. In 1978, the Planning Commission approved a Conditional Use Permit and Site Review (CUP #235 and SR #121) for a new bank(current Valley of the Rogue Bank). The zoning designation for the parcel at that time was C-3 (Heavy Commercial). In August, 1979, a sign variance was approved for this location (PA79-093). In January, 1981, a site review for an addition to the bank was approved by the Planning Commission as PA81-001. In March, 1990, the Planning Commission approved a Minor Land partition for this parcel (PA90-064). Ile zoning was indicated on the notice map to be E-1. 1 2) Detailed Description of the Site and Proposal: The site currently contains the Valley of the Rogue Bank with its drive-up windows and parldng lot. A vacant area is located along the Pioneer Street frontage. The bank currently crosses the R-2/E-1 zoning line. The current zoning map indicates this lot (tax lot 13400) as being split zoned — R-2 on the southern portion and E-1 on the northern portion. The City is requesting that the entire parcel be zoned E-1, in keeping with the previous approvals and in accord with the historic plan of development. The City contends that a drafting error was made in the drafting of the zoning maps for the 1981 Comprehensive Plan II. Procedural - Required Burden of Proof The criteria for approval of a Type III amendment (zone change, comprehensive plan map change) are as follows: Type III amendments may be approved when one of the following conditions exist: a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. c) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. In this instance, we believe that Criterion b), the need to correct mistakes is the relevant criterion. Historically, this land was developed as the Twin Plunges natatorium. From historical aerial photographs, it has been shown that the extent of the building improvements for the natatorium (which also included a dance floor) was to near the rear property lines of those developed residential properties along "B" Street. Therefore, the historical pattern of development was that residential occupied the row of properties along "B" Street, and commercial uses were behind these lots. In 1978, when the Valley of the Rogue Bank received initial approval for a bank at this location, the zoning was C-1, Heavy Commercial. This designation was taken from the 1978 Comprehensive Plan and is what was in effect at that time. In the 1978 Comprehensive Plan, the City had 4 different commercial zones = Downtown Commercial, Retail Commercial, Highway Commercial, and Heavy Commercial. There were also two industrial zones, light Industrial and Heavy Industrial. In the 1981 Comprehensive Plan, a new zone was created — Employment (E-1). This zone combined many of the uses spread between Heavy Commercial and Light Industrial, while also allowing many of the uses of the Retail Commercial and Highway Commercial. In developing the new zoning map of the City PA91-067 Ashland Planning Department — Staff Report City of Ashland May 14, 1991 Page 2 incorporating the E-1 zone, areas previously designated as heavy commercial were converted to the E-1 zone. It was during this conversion that a drafting error was made on this parcel. The maps were converted and drawn by an intern from Southern Oregon State College during the development of the 1981 Comprehensive Plan. The error made during the conversion was not detected by the Planning Staff at that time, and has continued in error since plan adoption. The 1978 Comprehensive Plan map is included as part of this report. Recently, the Valley of the Rogue Bank received an approval for a minor land partition for this parcel. Staff had assumed that the entire parcel was zoned E-1, and processed the partition upon this assumption. Therefore, it is our belief that based upon the historical development of the property, the zoning and comprehensive plan designations of the 1978 Comprehensive Plan,.previous planning actions, and recollections of the intern drafting the 1981 plan maps, that there was a drafting error made in the maps and that the proper zoning for this area is E-1. III. Project Impact Given the historic development, approval of the bank at this location, and previous approvals under the E-1 zoning, there should be no impact by this zone change. The assumed zoning for this area has been E-1. IV. Conclusions and Recommendations Staff recommends approval of the zone change and comprehensive plan map change as submitted. PA91-067. Ashland Planning Department — Staff Report City of Ashland May 14, 1991 Page 3 ST dew D A it F r \ Ug6 / E 6<1 a ` V � n / Y� 8 I z Z I helm°n or "r � v A Yn n n 9 ` C cr •Pr e' Iii dy � unl in ve. c c 3 10 d ' �' ind ro 9 1 man °' • 4 E l hil view 3 amm r ------•• cy Im°n <`. rd. � _ r e D = r O A a m D to 01 CA w i o/ i- ` r N C A m D Q 3 D ;.n r. c e m o �, » r o. N ro/mw q 7 A w N N. 9 N Y. 111 ` Z f 1D o L14,S o' d A C 01 3 C ' " N CL weJE -06- :; teas ' +.,. •� • • ,1. . .;� � .0 �' ,� '• •7 • ` '•• • w err ' •• ,. 1� +• I� , 'ice!° /, '1•j '� . • 1 • r • i A' v . tt off qk It I's oil of i •�• 1 NOTICE IS HEREBY GIVEN THAT 'UBLIC HEARING ON THE FOLLOWING ,_,'LICATION WITH RESPECT TO TITLE 18, ZONING, OF THE ASHLAND MUNICIPAL CODE, WILL BE FIELD BEFORE THE PLANNING COMMISSION ON THE i H \OF OCTOBER;�78, AT 7:30 P.M. , IN THE ENGLISH LECTURE HALL OF THE ASHLAND H SCHOOL, ASHLAND, -OREGON. AT SUCH PUBLIC HEARING ANY PERSON IS ENTITLED TO BE HEARD. 4) A request for Conditional Use Permit #235 and Site Review #121 -Io alie.: a bank building to be constructed in a C-3 (Heavy Commercial ) -zone. The properrtY is located at 250 Pioneer Street (tax lot 13400, assessor's map. 9BA) at the oiu Tvlia Plunges site. APPLICANT: Heritage Bank I C� VC uv r \i NOTE: This proposal will ST be reviewed by the Historic / Commission at its regularly scheduled October4, 1978 meeting (7:30 p.m. , Council Chambers of City Hall . ) If you have any questions or comments concerning this request, please feel free to contact Greg Winterowd at the City Planning Departmen located above the Dahlia Restaurant on the Plaza, or phone 482-3211 , Ext. 47. a The Ashland Planning Department preliminarily approved there will be no public testimony permitted If a hearing is this request on February21,1990.Thisactlon will be reviewed requested, it will be scheduled for the following month. by the Ashland Planning Commission Hearings Board at9am ne ordinance criteria applicable to this application are attached to this notice. on March•14, 1990, at the Ashland Civic Center, 1175 East Orcgoo lawslates that failure to raise an objection conccrninglhisapplication, Main St.,Ashland,OR. _No Public Testimony Is allowed atthis either in person or by letter,or failure to provide sufficient specificity to afford review. the decision maker an opportunity to respond to the issue,precludes your right of appeal to the Land Use Board of Appeals(LUBA). Pailu rc to specify which ordinance criteria the objection is based on also precludes your right orappeal. Any affected property owner or resident has a right to A copy of the application, all documents and evidence relied upon by the request, AT NO CHARGE, a public hearing before the applicant and applicable criteria areavailable for inspection at no cost and will Ashland Planning Commission on this action. be provided at reasonable cost,if requested. A copy of Staff report will be available for inspection seven days prior to the hearing and will be provided at TO exercise this right,a WRITTEN request must be received reasonable cost, if requested. All materials are available at the Ashland Planning Department,City Ilall,20 East Main,Ashland,OR 97520.. In the Planning Department,20 East Main St.,prior to 3 pm on March 5, 1890. If you do not SPECIMCALLY REQUEST If you have anyquestionsorcommenisconceming this request,please feel free A PUBLIC HEARING by the time and date stated above tocontacl Susan Vatesof the Ashland Planning Department,City I lall,at 48M. 5705. ' o:w a:moc.e e;it y d - n H r0-32 Mal :nrsansa:r:::,'i t.a=ar,fa. •`. 'y n,,, w Ns- -zzF1%• a 5 a` > 8 , � 7 ; ° y f is e / / /' • / PLANNING ACTION 90-064 is a request for a minor land partition to divide the existing parcel at 250 N. Pioneer Street into two parcels. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 9BA; Tax Lot: 13400 & 13500. 'APPLICANT: Valley of the Rogue Bank NOTE: This action will also be heard by the Ashland Historic Commission which will meet on March 7, 11 990 at 7:30 p.m. In the Ashland Community Center located at 59 Winburn Way. C7 S ti O n n {� O n Fn \ ! CD R- o � C� �• ., �' opp �yoC G� m " � °5. ., � � '� ° °' ~ ate. ro co f3. �p Cyr fA w CD CD co° tiog0. 00. a_ .� � yooa' aoww p � . po ? 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N r 'C7 7 en d p 't" "" Z ° as °. a CD X eD m m .., m `o y p p r. m b tv A A vi tSg• p C �7p � � Cmy rm.. m � M � A � v m cmD fD a eD m eeDD C p vp' Q ►- O fD CS p H A 0 a eAD H' " z eFCz� a H VI H N. •T p w < m K 1, CD a. w m e�D o o p e�Dmti � ey �x° � � A ya "r�C eD a C eD �wf m xm p 0 N pv° ° < Z � by ° m S. o ° m m OCR m fD p .. ►� �• p C fD ry w fD fD IrShelieved that public schools (wording) should be deleted. CARR MOVED TO CONTINUE THE MEETING UNTIL 11:30 P.M. JARVIS SECONDED THE MOTION AND IT WAS CARRIED. Jarvis wanted to add to the agenda the following: Should compliance with the Comprehensive Plan be left in or omitted.- 40% gross floor area for permitted use. Noise generation. Should the R overlay be eliminated. Owner-occupied accessory structure. ' R-3 zoning should be annexed. Make E-1 and C-1 same density as adjacent land. Under criteria on Page 1 - new wording-leave in harmony, coverage, etc. should remain. Bingham wanted to discuss Conditional Use Permit involving the development of five or more acres of land or 100;000 square feet of gross floor area. Morgan wondered at this point how these agenda items would be used. Benson stated they would be used to continue the public hearing next month. Fregonese reminded the Commission that we are entering the third year of periodic review. Environmental resources, affordable housing, economic element, wetlands, traveler's accommodations, housing element, rezoning and UGB changes are waiting to be approved. It might be time to cut out controversial items at this time and get some things adopted. Pick up the controversial parts at the end of the review such as the Conditional Use. Fregonese suggested dropping the changes to the Conditional Use criteria, stay with the existing criteria, drop the E-1 and C-1 changes, leaving us with accessory apartments, condominiums and performance standards. There seemed to be less controversy over these items. The motion was carried to continue with Morgan and Jarvis voting "no". PLANNING ACTIN 90-146 ENVIRONMENTAL RESOURCES CHAPTER OF THE COMPREHENSIVE PLAN i CPAC did not discuss this at last night's meeting. Many issues have already been ironed out, however, the committee still wants to meet to formally to adopt the element. Minor changes that were requested: second line from the bottom on the first page should read "poor exposure of rock units." 11 j ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 11, 1990 0 Page 4-6 will have the tables that exist in the present Comp Plan. #3 on the right hand side - should read "prohibit' not "prevent". Bingham moved to recommend approval of PA90-146 with the proposed minor changes above and inclusion of the changes from CPAC and the letter.from Fish and Wildlife. The motion was seconded and carried unanimously. OTHER Mobile Home Changes Jarvis moved to direct Staff to prepare mobile home ordinance changes in order to comply with the Oregon Statutes. Bingham seconded the motion and it was carried unanimously. September Retreat The September retreat was cancelled. ADJOURNMENT The meeting was adjourned at 11:30 p.m. 12 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 11, 1990 of memorandum July 12, 1991 � ".1,•' ED: Mayor and City Council ~ Jill Turner and Steve Hall C29 / �$Iahjg&- Water System Distribution Financing Recommendation: Mayor and City Council instruct staff to proceed with Certificates of Participation (Alternative No. 3) for financing of the Water Distribution Improvements to Northwest Ashland. Discussion: The City has a moratorium on the Northwest area of the City because of water pressure problems. This area was placed in a moratorium in May of 1983 . State law requires that the City adopt a plan to end the shortage that caused the moratorium. It also requires the City to have a plan to provide adequate public facilities for all areas within its Urban Growth Boundary. The City adopted a plan of correction for this moratorium in 1985. This plan involved an election for general obligation bonds, which was defeated in 1986. Since the defeat, the City has not developed a revised plan of correction. It is essential that the City either adopt a revised plan of correction, or lift the moratorium. Failure to do either could result in litigation. FINANCING•• There are three basic alternatives available for financing this project, as follows: 1. General Obligation Bonds. These bonds are frequently used to finance major capital improvements. While water rates may be raised to meet the required debt service, ultimately property taxes are pledged for the payment of principal and interest. In Oregon, this requires a vote of the citizens. The process is for Council to pass a resolution setting an election. Upon positive approval by the voters, a bond prospectus is prepared and the bonds are sold. The bond process is similar to that of the Bancroft bond process. In today's market, the interest rate for a $2, 000, 000, 20 year issue would be 6. 5%. Traditionally, the city has issued general obligation bonds with the related utility revenues repaying the debt rather than property taxes. 2 . Revenue Bonds. These bonds are mainly used to finance major capital improvements for utilities. Revenues from the related system are pledged for the payment of principal and interest. This procedure requires that a five year financial forecast be prepared by a recognized financial consultant, after which a resolution is adopted. This Resolution authorizes a notice of intent to issue Water revenue bonds. After waiting 60 days the City then proceeds with the bond sale. The principal difference between revenue bonds and G.O. bonds is that a cash reserve is required to be carried in the debt service fund, and the financial analysis needs to show that system revenues are adequate to cover 125 percent of the additional debt costs. Revenue bonds are sold either by competitive bid or through a negotiated sale. The interest rate is about .25% higher reflecting the lower security being pledged. Issuance costs are approximately $5, 000 more than G.O. bonds. 3. Certificates of participation. Unlike the two above methods of financing, Certificates of Participation are not statutory, but were developed under the special fund doctrine of case law, and was introduced into Oregon approximately 10 years ago. Originally, because of its unfamiliarity, interest rates were . 25% higher than revenue bonds. Today they bear the same rate as revenue bonds. The acceptance of this method of financing has grown, and now is being used to finance utility system issues. Issuance costs, discounts and interest rates are typically equal to that of revenue bonds, but the timing for issuance is shorter. In order to meet this new obligation, water rates will need to be increased 14 to 20 percent. Under all three alternatives system development charges will be used to repay this debt. 8°� p Certificates of Participation Construction Costs 2, 000, 000 Discount ( 1 . 8%) 41 , 000 Issuance Costs 31 , 000 Reserve Account 210, 000 Total Proceeds needed 2, 282, 000 Principal 2, 282, 000 interest 0. 0675 TERM-YEARS 20 payment 211 , 2 7. 20 PAYMENT INTEREST PRINCIPAL BALANCE ----------------------------------------------------- 2,282, 000. 00 1 211 , 237. 20 154, 035. 00 57, 202. 20 2, 224, 797. 80 2 211 ,237. 20 150, 173. 85 61 , 063. 35 2, 163, 734. 45 3 211 , 237. 20 146, 052. 08 65, 185. 12 2, 098,549. 33 4 211 .237. 20 141 , 652. 08 69, 585. 12 2,028, 964. 21 5 211 , 237. 20 136, 955. 08 74, 282. 12 1 , 954, 682. 09 6 211 ,237. 20 131 , 941 . 04 79,296. 16 1 , 075, 385. 94 7 211 , 237. 20 126, 588. 55 84, 648. 65 1 , 790, 737. 29 8 211 ,237. 20 120, 874. 77 90, 362.43 1 , 700, 374. 86 9 211 , 237. 20 114, 775. 30 96, 461 . 9!� 1 , 603, 912. 96 10 211 ,237. 20 100, 264. 12 102, 973.07 1 , 500, 939. 88 11 211 , 237. 21 101 , 313. 44 109, 923. 76 1 , 391 , 016. 13 12 211 ,237. 20 93, 893. 59 117, 343.61 1 ,273, 672. 52 13 211 , 237. 20 05, 972. 89 125, 264. 30 1 , 148, 4o8. 21 14 211 , 2 +7. 20 77, 517. 55 133, 719.64 1 , 014, 688. 57 15 211 , 237. 20 68, 491 . 48 142, 745.72 871 , 94205 16 211 , 237. 20 58, 856. 14 152, 381 .06 719, 561 . 79 17 211 , 237. 20 48, 570. 42 162, 666. 78 556, 895. 01 18 211 ,237. 20 37, 590. 41 173, 646. 79 383, 240. 22 19 211 , 237. 20 250869. 26 185, 367. 94 197, B80. 28 20 211 ,237. 20 13, 356. 92 197, 880. 28 0. 00 ----------------------------------------------------- 4, 224, 743. 99 1 , 942, 743. 99 2,282, 000. 00 The payment in the 20th year would be paid from the reserve account, and not from the water revenues. H: \Jill \L\water2 rm 'vrandum July 9, 1991 REGO , Q: Mayor and City Council Aram: John Fregonese 1t�ljPtf: AFFORDABILITY RESOLUTION The Ashland City Council adopted Resolution 91-04 at its February 19th City Council meeting. This resolution sets income, rent and purchase price levels for housing qualifying for affordable housing density bonuses. This resolution needs to be updated because new income levels have been established. Secondly, in working with Farmers Home Administration on the proposed four-unit Park Place demonstration project on the City-owned parcel on East Main and Garfield Streets, we have encountered some obstacles with the sleeping second concept as required in the originally approved resolution. Therefore, we have included a provision in this attached draft resolution which we feel will ensure affordability in future FmHA projects without the need to use sleeping seconds. As proposed, this concept will require original purchasers of FmHA homes to resell the housing only to people from the same income category for a period of three years from the date of the original purchase. Since FmHA requires that its accrued subsidy be repaid to FmHA if the property is sold to non-income qualified persons, after a period of three years the subsidy re-payment penalty would be large enough to act as a significant disincentive to sell to non-income qualified purchasers. Therefore, we feel the attached resolution will achieve the goal of keeping the housing in the affordability pool without the need to use sleeping seconds. Guaranteeing affordability is a very complex and difficult problem, and we are breaking new ground in trying to solve this problem. As we work through each project, we will probably learn new insights as to how to make this process function effectively in the real world. Our experience so far with FmHA on the Park Place project has taught us that the original concept needs modification to work on FmHA projects. This resolution appears to be the best solution at the present time. Please feel free to give me a call at 488-5305 if you have questions or need further assistance in this matter. RESOLUTION NO. 91- A RESOLUTION OF THE CITY OF ASHLAND, OREGON REPLACING RESOLUTION NO. 91-04 IN ITS ENTIRETY AND SETTING AFFORDABLE HOUSING INCOME LEVELS AND RENTAL AND PURCHASED COST LEVELS WHEREAS, the City of Ashland desires to provide affordable housing for its citizens; and WHEREAS, the City's Land Use Ordinance has been amended to provide density bonuses for providing affordable housing; and WHEREAS, the City's Land Use Ordinance requires the City Council to adopt a resolution to establish affordability standards to implement the affordable housing density bonuses. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council bf the City of Ashland, Oregon as follows: . SECTION 1. RENTAL HOUSING In order to qualify for the density bonuses allowed in the City's Land Use Ordinance, designated affordable units must be rented to individuals or families whose annual income does not exceed the following: Annual # of People Income Level (80% of Median Income) 1 $18,050 2 $20,600 3 $23,200 4 $25,750 5 $27,800 6 $29,900 7 $31,950 8 $34,000 Rents for the affordable units shall not exceed the following (28% of monthly income): Maximum Apt. Type Rent Level Studio $421/month 1 Bedroom $481/month 2 Bedroom $541/month 3 Bedroom $600/month 4 Bedroom $648/month The applicant shall sign a 20-year rental agreement which guarantees these rent levels will be maintained (with inflation factors) and agree to rent only to families that meet the income guidelines. This rental agreement will travel with the property deed to bind future owners who purchase the property during this 20 year period. The agreement will also require the owner to rent to HUD Section 8 qualified applicants and agree to accept rent vouchers for all of the affordable rental units where applicable. SECTION 2. PURCHASED HOUSING A. INCOME In order to qualify for the density bonuses allowed in the City's Land Use Ordinance, designated affordable units must be sold to individuals or families whose annual income does not exceed the following: Annual # of People Income Level (1.3 x Median Income) 1 $29,331 2 $33,475 3 $37,700 4 $41,843 5 $45,175 6 $48,875 7 $51,918 8 $55,250 B. ASSETS Excluding the down payment (to a maximum of 20 percent of the purchase price) and closing costs, net assets (not including pension plans and IRA's) shall not exceed $20,000 for a family or$130,000 if one family member is 65 years or older. C. PURCHASE PRICE To qualify for the density bonus, the purchase price of designated affordable units shall not exceed the following amounts: Estimated Monthly Type of Unit Purchase Price Payment Studio $69,711 $622 1 Bedroom $79,558 $710 2 Bedroom $89,601 $800 3 Bedroom $99,446 $888 4 Bedroom $107,365 $959 D. GUARANTEEING AFFORDABILITY 1. FARMERS HOME ADMINISTRATION - For housing financed by the Farmer's..Home Administration, affordability will be assured by the recapture provisions required by FmHA which requires sellers to repay FmHA for all the subsidies accrued during the period that they resided in the housing. In addition, it will be required that there be a provision in the CC&R's that for the first five years after the initial purchase, resale can only be to individuals from the same income category as the original purchasers. 2. ALL OTHER DEVELOPMENTS - For all other developments, affordability will be guaranteed by requiring that "sleeping second" mortgages be recorded on the deeds of all units used to qualify for the affordable housing density bonus if the appraised value of the units exceeds the selling price by 10% or more. SECTION 3. This Resolution replaces previously adopted Resolution No. 91-04 in its entirety. The foregoing resolution was READ and DULY ADOPTED at the regular meeting of the Ashland City Council on the day of ' 1991. Nan Franklin City Recorder SIGNED and APPROVED this day of 1991. Catherine Golden Mayor RESOLUTION NO. 91- A RESOLUTION E%PRESSING CONCERN TO THE SECRETARY OF STATE OF THE STATE OF OREGON IN REFERENCE TO ESTABLISHMENT OF NEW POLITICAL DISTRICT BOUNDARIES. WHEREAS, the Secretary of State of the State of Oregon. has been directed to establish new political district boundaries and, WHEREAS the City Council and the citizens of Ashland have concerns that proposed new political district boundaries may split the City of Ashland into two separate districts or isolate the City of Ashland representation outside of the Rogue Valley, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND DOES RESOLVE AS FOLLOWS: SECTION 1. That the Secretary of State consider the following factors in relation to the City of Ashland and any proposed political district realignment: 1. The City of Ashland is a city of approximately 17, 000 citizens who would suffer from a split representation if a politicial district boundary divided the city. The City of Ashland is a-i =y cohesive and independent city which does not wish to �G-e a� 2. The City of Ashland is located in the Rogue Valley. The Rogue Valley has a unique "personality" and a+ty-representation for the City of Ashland from outside the Rogue Valley would �-765i isolate the City of Ashland from -rue local perspective and representation. SECTION 2. The City Council and the citizens of the City of Ashland vehemently urge the Secretary of State to not consider any political district realignment which would physically split the City of Ashland or isolate the City of Ashland from representation from the Rogue Valley. This Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland, Oregon on the 16th day of July, 1991. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of July, 1991. Catherine M. Golden, Mayor NEWDIST.RES AEmorandnm July 9, 1991 �RE60a Honorable Mayor and City Council Brian L. Almquist, City Administrator rum: �$ubjprt IBEW Clerical/Technical Union Agreement Extension We have agreed with this union to extend the current labor agreement 3 years. The major items changed or added are shown on the attached sheet. BLA:TW:rm\IBEWAgmt.CC I.B.E.W. Clerical Union This date of 1u44 . 1991, the parties signature 'hereto agrees to recommend the following for ratification by their principles: 1. Extend the contract three years to June 30, 1995. 2 . Blue Cross Plan V "A" with premiums paid by the City- for the employee and family during the term of the agreement, effective August 1, 1991. 3 . City Wellness Program which pays routine preventive medicine expenses for employee and family, effective August 1, 1991. 4. Twenty-two dollars ($22. 00) per month increase on the paycheck to offset the Plan V "A" deductible for the term of the agreement, effective August 1, 1991. 5. Wage rate increase effective July 1, 1992, 1993, 1994 =based on the March to March U.S. City Urban Wage Earners and Clerical Workers Consumer Price Index, with a guaranteed minimum salary increase of 3% and a maximum salary increase of 6%. 6. Footnote on the Account Clerk position to read $100 additional pay when payroll duties are assigned. (Footnote currently reads $50) . The need for this additional $100 will be re-evaluated at the time the incumbent resigns. 7. July 1, 1992 , 1993, and 1994, the City and Union will discuss adding 2% as a salary increase for two positions, with the Union and the City mutually agreeing on which positions will get the increase. 8. A Floating Holiday effective July 1, 1991, which for accounting purposes will be treated in the following manner: 118" hours added to the vacation accruals on July 1, 1991, and thereafter 112/3" of one hour and one day to be added to each subsection of Section 1 Eligibility as shown in the following example: Section 1. 1, change 116. 67 hours" to 7.33 hours and change 11 (10 working days maximum) " to 11 working days maximum. John odilly Ai� C <L / arK en Huckins ill Turner ..III I.r.yr yWnuy.J" .IM&ir u i fo rah Bzo&ie+iioa 0J ig4d zic d Vwio 4eu Local Union No.659 24Y2 South Grape Street : : P.O. Box 669 : : (503)772-5271 MEDFORD,OREGON 97501 July 10 , 1991 Mr. Brian L. Almquist City Administrator City of Ashland City Hall Ashland, Oregon 97520 Dear Mr. Almquist: This will inform you that on July 8, 1991, a majority of the membership voting on the City's proposal to the Clerical/ Technical Unit voted to accept that proposal which is attached to this letter. I have also attached the wage scale reflecting the 4.6% and the 2% two position increase for July 1, 1991. The Union confirms and agrees with the wage rates as stated. We will put the Agreement together within the next few weeks and send copies to you for review and signature. Yours truly, LOCAL UNION NO. 659, I .B.E.W. J m McLean Business Manager JM/cs cc: John Bodilly Pat Caldwell